Armed Forces (Special Powers) Act, 1958 (AFSPA)

For Prelims: Armed Forces (Special Powers) Act, 1958, Quit India movement, Disturbed Areas, Naga Hills, Parliament , Central Armed Police Forces, Disturbed Areas, Disturbed Areas (Special Courts) Act, 1976,

For Mains: AFSPA. Arguments in favor and Arguments against, 

Source: TH

Why in News? 

Recently, the Union Ministry of Home Affairs (MHA) extended the Armed Forces (Special Powers) Act, 1958 in parts of Nagaland and Arunachal Pradesh for another six months.

The AFSPA has been extended in eight districts and 21 police stations in Nagaland for another six months.

• It will also be effective in specific areas of Arunachal Pradesh.

What is AFSPA? 

• Background:
  • The British colonial government had on 15th August, 1942, promulgated the Armed Forces Special Powers Ordinance to suppress the Quit India movement.
  • It was the foundation for four ordinances, including one for the “Assam disturbed areas” invoked in 1947 to deal with Partition-induced internal security challenges.
  • The Armed Forces (Assam and Manipur) Special Powers Act, 1958, followed the Assam Disturbed Areas Act of 1955 to deal with the uprising in the Naga Hills and adjoining areas.
  • The Act was replaced by the AFSPA for wider application. A similar Act specific to Jammu and Kashmir was enacted in 1990.
• About: 
  • The Armed Forces (Special Powers) Bill was passed by both the Houses of Parliament and it was approved by the President on September 11, 1958. It became known as the Armed Forces Special Powers Act (AFSPA), 1958.
  • The Act came into force in the context of increasing violence in the North-eastern States decades ago, which the State governments found difficult to control.
  • The AFSPA gives unbridled power to the armed forces and the Central Armed Police Forces deployed in “disturbed areas” as specified under the Act to kill anyone acting in contravention of law, arrest and search any premises without a warrant and ensures protection from prosecution and legal suits without the Central government’s sanction. 
  • The State and Union government can issue notification regarding the AFSPA. For the States of Arunachal Pradesh and Nagaland, the MHA issues periodic “disturbed area” notifications.

What are the Disturbed Areas described under AFSPA?

• A disturbed area is one that is declared by notification under Section 3 of the AFSPA. It can be invoked in places where the use of armed forces in aid of civil power is necessary.
  • The Act was amended in 1972 and the powers to declare an area as “disturbed” were conferred concurrently upon the Central government along with the States.
• An area can be disturbed due to differences or disputes between members of different religious, racial, language or regional groups or castes or communities.
• The Central Government, or the Governor of the State or administrator of the Union Territory can declare the whole or part of the State or Union Territory as a disturbed area.
• Once declared ‘disturbed’, the region is maintained as disturbed for a period of three months straight, according to The Disturbed Areas (Special Courts) Act, 1976. The government of the state can suggest whether the Act is required in the state or not.
  • Currently, the Union Home Ministry issues periodic “disturbed area” notification to extend AFSPA only for Nagaland and Arunachal Pradesh.

What are the Arguments in Favour and Against of AFSPA?

• Argument in Favour:  
  • Addressing Ongoing Security Challenges: The AFSPA is deemed necessary to tackle the persistent security threats in the regions where it's enforced. 
    • The presence of armed groups and insurgent activities poses a continuous danger to public safety and stability. 
    • Without the legal framework provided by AFSPA, it might be difficult for security forces to effectively counter these threats.
  • Empowering Security Forces: AFSPA provides security forces with the legal authority required to combat insurgency and terrorism effectively. 
    • It grants them the necessary powers to conduct operations, make arrests, and maintain public order in areas designated as disturbed. 
    • This empowerment is crucial for enabling security forces to tackle complex security challenges efficiently.
  • Legal Protections for Personnel: AFSPA offers legal protections to security personnel operating in disturbed areas. 
    • These protections shield them from legal liability while they carry out their duties under challenging and often hazardous circumstances. 
    • Such legal safeguards are essential for ensuring that security personnel can perform their tasks without fear of undue legal consequences.
  • Boosting Morale: The legal protections provided by AFSPA are instrumental in boosting the morale of armed forces personnel. 
    • Knowing that they are legally protected while carrying out their responsibilities can enhance their confidence and motivation to perform effectively in challenging environments. 
    • This morale boost is crucial for maintaining the effectiveness and efficiency of security operations in troubled regions.
• Argument Against: 
  • Violation of State's Autonomy: Section 3 of AFSPA grants the central government the authority to designate any area as a Disturbed Area without requiring the consent of the respective state. 
    • This undermines the autonomy of the states and can lead to misuse of power by the central government.
  • Excessive Use of Force: Section 4 of AFSPA grants specific powers to authorized officers, including the use of firearms against individuals, which can potentially result in fatalities. 
    • This provision raises concerns about the excessive and disproportionate use of force by security forces.
  • Violation of Civil Liberties: Section 4 also grants officers the power to arrest without a warrant and to seize and search premises without any warrant. 
    • This can lead to violations of individuals' civil liberties, as it bypasses standard legal procedures and safeguards against arbitrary detention and searches.
  • Lack of Accountability: Section 7 of AFSPA requires obtaining prior executive approval from central or state authorities for the prosecution of a member of the security forces. 
    • This provision creates a lack of accountability and transparency in cases of alleged human rights violations by security forces, as it allows them to operate with impunity.
  • Evidence of Abuse: The Supreme Court-appointed Hegde Commission in 2013 found that all seven deaths in the six cases it investigated were extrajudicial executions. 
    • Additionally, it highlighted widespread abuse of AFSPA by security forces in Manipur. 

What are the Supreme Court’s Guidelines?

• Questions regarding the constitutionality of AFSPA arose due to its intersection with the jurisdiction of states over law and order matters. The Supreme Court, in its 1998 ruling in Naga People's Movement of Human Rights v. Union of India, affirmed the constitutionality of AFSPA. 
• In this landmark judgment, the Court reached specific conclusions, including:
  • The Central government has the authority to make a suo-motto declaration, yet it is preferable for the central government to consult with the state government before issuing such a declaration.
  • AFSPA does not grant unrestricted authority to designate an area as a 'disturbed area'.
  • The declaration must have a defined time frame, and there should be regular assessments of its status. After six months have passed, a review of the declaration is necessary.
  • When implementing the powers granted by AFSPA, the authorized officer should employ the least amount of force required for successful operations, and adhere strictly to the guidelines outlined in the army's "Dos and Don'ts."
  • The Supreme Court determined that the Act does not infringe upon the Constitution, and the powers granted under sections 4 and 5 are neither arbitrary nor unreasonable.

Way Forward: 

• Recommendations of Jeevan Reddy Committee:
  • In November 2004, the Central government appointed a five-member committee headed by Justice B P Jeevan Reddy to review the provisions of the act in the northeastern states.
  • The committee recommended that:
    • AFSPA should be repealed and appropriate provisions should be inserted in the Unlawful Activities (Prevention) Act, 1967. 
    • The Unlawful Activities Act should be modified to clearly specify the powers of the armed forces and paramilitary forces and Grievance cells should be set up in each district where the armed forces are deployed.
• Second ARC Recommendations: 
  • The 5th report of the Second Administrative Reforms Commission (ARC) on public order has also recommended the repeal of the AFSPA. However, these recommendations have not been implemented.
• Recommendations of Santosh Hegde Commission:
  • The AFSPA should be reviewed every six months to assess the necessity of its implementation, with the aim of making the Act more humane and the security forces more accountable.
  • The committee suggested that the Unlawful Activities (Prevention) Act could be suitably amended to tackle terrorism, instead of relying solely on AFSPA.
  • It was also recommended that the armed forces should not be immune from investigation for excesses committed during the discharge of their duties even in "disturbed areas".

Drishti Mains Question:

Q. Discuss the arguments in favor of and against the continuation of AFSPA, taking into account its impact on security operations, human rights, and governance.

UPSC Civil Services Examination, Previous Year’s Question (PYQs)

Mains

Q. Human rights activists constantly highlight the fact that the Armed forces (Special Powers) Act, 1958 (AFSPA) is a draconian act leading to cases of human rights abuses by security forces. What sections of AFSPA are opposed by the activists? Critically evaluate the requirement with reference to the view held by the Apex Court. (2015)

Human Rights and Environment

For Prelims: International Criminal Court (ICC), Human Rights, Right to a clean, healthy, and sustainable environment (R2hE), Financial Action Task Force (FATF), Article 21 of the Indian Constitution.

For Mains: Human Rights and Environment, Environment as Human Right, Roles of United Nations.

Source: DTE

Why in News?

Recently a group of universities have written a joint note urging the International Criminal Court (ICC) to step in to deal with Environmental degradation linked with Human Rights.

• According to the University of Oxford, human activities leading to severe environmental harm usually also violate human rights and thus qualify as a crime against humanity such as genocide.
• This perspective emphasizes the need for a rights-based approach, recognizing the right to a clean, healthy, and sustainable environment (R2hE) as pivotal.

How are Human Rights and the Environment Linked?

• Human Rights:
  • As per the United Nations (UN), human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status.
  • Human rights are inherent entitlements that we possess because we exist as human beings - they are not granted by any state.
  • The UN General Assembly adopted the Universal Declaration of Human Rights (UDHR) in Paris on December 10, 1948, as a common standard of achievement for all nations and peoples.
  • It includes the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education etc.
    • Everyone is entitled to these rights, without discrimination.
• Need for Environment as Human Rights:
  • The concept of human rights in general emerged after the Second World War, but the right to a healthy environment, as one of those human rights, was never a priority.
  • A healthy environment is an essential aspect of the right to life, not only for human beings but also for other animals on the planet.
  • Violation of the right to a healthy environment is potentially a violation of the basic right to life.
    • When environmental rights are violated, people and the planet suffer from reduced health and well-being.
    • Environmental deterioration could eventually endanger the life of present and future generations.
• Recognizing the right to a clean, healthy, and sustainable environment (R2hE) :
  • The R2hE is a fundamental human right that encompasses the entitlement of all individuals to live in an environment that is conducive to their well-being and conducive to the fulfillment of their basic needs.
  • This right recognizes the interconnectedness between human well-being and the health of the environment.
• Challenges and Concerns Related to Healthy Environment:
  • Legal Hurdles: Holding perpetrators accountable, whether politicians, corporate entities, or criminal syndicates, presents formidable legal hurdles.
    • A report by the UN Office on Drugs and Crime (UNODC) highlighted these challenges, noting the need for better international cooperation and stronger national legislation.
    • A 2020 report by Human Rights Watch documented how environmental destruction disproportionately impacts the marginalized communities who have limited ability to fight back, affecting their health, livelihoods, and access to clean water.
  • The Transnational Nature of Environmental Crimes: Environmental crimes often have a transnational dimension due to the interconnected nature of environmental systems, the global trade in natural resources, and the movement of pollutants across borders.
    • Money Laundering from Environmental Crime: The Financial Action Task Force (FATF),2021 report on money laundering from environmental crime found that criminals are making enormous profits by using front companies to mix legal and illegal goods and payments early in the resource supply chains.
    • Illicit Financial Flows: The United States has become a destination for money earned through environmental crimes (according to the report published by the Financial Accountability and Corporate Transparency Coalition in 2023) which undermines global moves to stem illicit financial flows and combat the climate crisis.
• Right to Healthy Environment In India:
  • The right to life has been used in a diversified manner in India. It includes, inter alia, the right to survive as a species, quality of life, the right to live with dignity and the right to livelihood. In India, this has been expressly recognised as a constitutional right.
  • Article 21 of the Indian Constitution states: 'No person shall be deprived of his life or personal liberty except according to procedures established by law.'
  • The Supreme Court expanded this negative right in two ways.
    • Firstly, any law affecting personal liberty should be reasonable, fair and just.
    • Secondly, the Court recognized several unarticulated liberties that were implied by Article 21.
    • It is by this second method that the Supreme Court interpreted the right to life and personal liberty to include the right to a clean environment.

What are the Environment Protection Laws in India?

• Wildlife (Protection) Act, 1972
• Water (Prevention and Control of Pollution) Act, 1974
• Air (Prevention and Control of Pollution) Act, 1981
• The Environment (Protection) Act, 1986
• The National Green Tribunal Act, 2010

What are the International Efforts Related to the Right to Healthy Environment?

• On 28^th July 2022, the United Nations General Assembly (UNGA) adopted a resolution declaring that everyone on the planet has a right to a healthy environment.
  • This resolution calls upon States, international organizations, and business enterprises to scale up efforts to ensure a healthy environment for all.
• The 1972 Human Conference on Human Environment, often known as the Magna Carta of the human environment, emphasized the imperative to safeguard earth's natural resources, encompassing air, water, land, flora, and fauna, along with representative ecosystems.
  • It underscored the necessity of careful planning or management to ensure the well-being of present and future generations.
• The World Commission on Environment and Development's report in 1987 put forth 22 legal principles aimed at environmental protection and sustainable development.
  • This report introduced the concept of sustainable development and emphasized the interconnectedness of environmental, social, and economic issues.
• 'Caring for the Earth 1991' and the 'Earth Summit' of 1992 reiterated that human beings have the right to lead healthy and productive lives in harmony with nature.

What are the Cases Related to a Healthy Environment?

• M.C Mehta v. UOI, 1986:
  • Directions to remove environmental illiteracy were given-
    • Cinema halls/video parlors to exhibit not less than two slides on the environment prepared by the Ministry of Environment, Forest and Climate Change of India.
    • Doordarshan and AIR allot 5-7 minutes daily for interesting programmes on the environment.
    • Environment be made a compulsory subject in a graded way in schools and colleges and universities shall prescribe a course for the same.
• M. C Mehta v. Kamal Nath, 1996:
  • The Supreme Court made it clear that any disturbance of basic environmental elements namely air, water and soil which are necessary for life would be hazardous to life and can’t be polluted.
• Rural Litigation and Entitlement Kendra v. State of U.P, 1985:
  • Limestone mining which denuded mussoorie hills of trees and forests cover and accentuated soil erosion resulting in blockage of underground water channels were banned.
• Tarun Bharat Sangh (NGO) v. UOI, 1993:
  • Closure of all 400 marble mines around Sariska tiger reserve which threatened the wildlife of that area.
• Preventing Pollution of Ganga and Yamuna, 1995:
  • Under the Environmental Protection Act, 1986 the Supreme Court asked for the removal of all polluting industries settled on the bank of Ganga in Kanpur, Hoogly in Calcutta, and of Yamuna in Delhi.

Way Forward

• The incorporation of R2hE into the ICC's legal framework emerges as a crucial step.
• By acknowledging environmental crimes as prosecutable offenses under the Rome Statute, the ICC can systematically address these violations.
• Prosecuting perpetrators of environmental crimes is imperative, but equally essential is addressing the underlying structural issues facilitating these offenses.
• Fostering international cooperation to close regulatory loopholes and bolster enforcement mechanisms is paramount.
• International Initiatives aimed at combating corruption, enhancing transparency in financial transactions, and strengthening anti-money laundering measures are indispensable.
• India has enacted various laws aimed at protecting the environment, the focus should be on enforcing these laws effectively and updating them to address emerging environmental challenges.

Drishti Mains Question :

Q: In the context of environmental degradation and its impact on human rights in India, analyze the existing legal frameworks and policies in ensuring the right to a healthy environment.

UPSC Civil Services Examination, Previous Year Questions (PYQs)

Prelims

Q. Other than the Fundamental Rights, which of the following parts of the Constitution of India reflect/ reflects the principles and provisions of the Universal Declaration of Human Rights (1948)? (2020)

1. Preamble
2. Directive Principles of State Policy
3. Fundamental Duties

Select the correct answer using the code given below:

(a) 1 and 2 only
(b) 2 only
(c) 1 and 3 only
(d) 1, 2 and 3

Ans: D

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Mains

Q. Though the Human Rights Commissions have contributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty and powerful. Analysing their structural and practical limitations, suggest remedial measures. (2021)

Water Crisis in South India

For Prelims: Water Crisis in South India, El Niño, Monsoon, NITI Aayog, MGNREGA for water conservation, Jal Kranti Abhiyan.

For Mains: Reasons and Implications of Water Crisis in South India.

Source: TH

Why in News?

The southern states of India, particularly Karnataka, Tamil Nadu, Andhra Pradesh, and Telangana, are facing a severe water crisis due to significantly low water levels in major reservoirs.

What is the Current Situation of Water Crisis in the Southern States?

• Current Water Situation: 
  
  • According to the Central Water Commission, most major reservoirs in Karnataka, Tamil Nadu, Andhra Pradesh, and Telangana are filled to only 25% of their capacity or even less.
  • Notable dams such as Tungabhadra in Karnataka and Nagarjuna Sagar on the Andhra Pradesh-Telangana border are filled to 5% or less of their full capacity.
    • Mettur dam in Tamil Nadu and Srisailam on the Andhra Pradesh-Telangana border are also experiencing low levels, with less than 30% of their capacity filled.

• Comparison of Water Levels Across Regions:
  • The southern region is the most affected, with reservoirs collectively filled to only 23% of their capacity, significantly lower than last year and the 10-year average.
  • In contrast, other regions like northern, central, western, and eastern India have reservoir levels closer to their 10-year averages.
• Exception in Kerala:
  
  • Kerala stands out among southern states with most major dams filled to at least 50% of their capacities.
    • Reservoirs like Idukki, Idamalayar, Kallada, and Kakki are reported to have relatively better water levels.

What are the Reasons for the Water Crisis in South India?

• Rainfall Deficiency and El Niño Effect: 
  • Lower rainfall caused by El Niño events has led to drought-like conditions and prolonged dry periods in the region. 
    • El Niño is a climate pattern characterized by the warming of sea surface temperatures in the Pacific Ocean, which can disrupt normal weather patterns globally, leading to reduced rainfall in certain regions.
      
• Delayed Monsoon and Post-Monsoon Deficiency: 
  • The deficiency in rainfall during the Monsoon and post-monsoon seasons has contributed significantly to the depletion of water levels in reservoirs. 
  • The delayed onset of monsoon and inadequate rainfall during critical periods have exacerbated the situation.
  • During the post-monsoon period (October-December 2023), more than 50% of regions in the country were rain-deficient.
• Increased Temperature and Evaporation: 
  • Rising temperatures due to global warming accelerate evaporation rates, leading to faster depletion of water from reservoirs and water bodies.
  • Higher temperatures also exacerbate drought conditions, increasing water demand for agriculture, urban consumption, and industrial purposes.
• Groundwater Depletion: 
  • Excessive groundwater extraction for irrigation, particularly in regions with inadequate surface water sources, has led to groundwater depletion.
  • South India predominantly cultivates crops such as rice, sugarcane, and cotton, which require substantial amounts of water.
• Pollution of Water Bodies:
  • Pollution from industrial discharge, untreated sewage, and solid waste dumping has contaminated water sources, rendering them unfit for consumption and further reducing the available water supply.
  • A study conducted by the Environmental Management & Policy Research Institute (EMPRI) states that about 85% of Bengaluru’s water bodies are polluted by industrial effluents, sewage, and solid waste dumping.
• Mismanagement and Inequitable Distribution:
  • Inefficient water management practices, including wastage, leakage, and unequal distribution of water resources, contribute to the severity of the water scarcity crisis in the region.

What are the Implications of the Water Crisis in India?

• Health Issues: 
  • Lack of access to safe drinking water can cause various health problems such as dehydration, infections, diseases, and even death. 
  • A report by the NITI Aayog stated that around 2 lakh people die in India every year due to inadequate water supply.
    • According to the World Bank, India has 18% of the world's population, but only has enough water resources for 4% of its people. 
    • In 2023, around 91 million Indians will not have access to safe water.
• Ecosystem Damage: 
  • Water scarcity also poses a threat to the wildlife and the natural habitats in India. It also disrupts the biodiversity and the ecological balance of the ecosystems.
  • Many wild animals have to venture into human settlements in search of water, which can lead to conflicts and endangerment. 
• Reduced Agriculture Productivity: 
  • Water scarcity can have a negative impact on the agricultural sector, which consumes approximately 80% of the country’s water resources. 
  • Water scarcity can reduce crop yields, affect food security, and increase poverty among farmers.
• Economic Losses: 
  • Water scarcity can affect industrial production, reduce energy generation, and increase the cost of water supply and treatment. Water scarcity can also affect tourism, trade, and social welfare.
  • In the report, ‘Climate Change, Water and Economy’, the World Bank (2016) underlines that countries with water shortages may face a major setback in economic growth by 2050.

What are the Government Initiatives To Tackle the Water Crisis in India?

• MGNREGA for water conservation
• Jal Kranti Abhiyan
• National Water Mission
• Atal Bhujal Yojana (ABHY)
• Jal Jeevan Mission (JJM)
• National Mission for Clean Ganga (NMCG)

Way Forward

• Addressing the water crisis in southern India requires a comprehensive approach, including sustainable water management practices, conservation measures, investment in infrastructure for water storage and distribution, promotion of water-efficient technologies, and public awareness campaigns to promote water conservation. 
  • One Water Approach, also referred to as Integrated Water Resources Management (IWRM)  includes managing that source in an integrated, inclusive and sustainable manner by including the community, business leaders, industries, farmers, conservationists, policymakers, academics and others for ecological and economic benefits.
• Encourage farmers to adopt water-efficient farming practices such as drip irrigation, precision agriculture, crop rotation, and agroforestry.
  • As per the MS Swaminathan committee report on ‘More Crop and Income Per Drop of Water’ (2006), drip and sprinkler irrigation can save around 50% of water in crop cultivation and increase the yield of crops by 40-60%.
• There is a need for coordinated efforts at the national, state, and local levels are essential to mitigate the impacts of water scarcity and ensure sustainable water resource management for future generations.

Drishti Mains Question: 

Q. Evaluate the reasons and implications of the water crisis in Southern India. Suggest measures to address this crisis.

UPSC Civil Services Examination, Previous Year Question (PYQ)

Prelims:

Q.1. Which one of the following ancient towns is well known for its elaborate system of water harvesting and management by building a series of dams and channelizing water into connected reservoirs? (2021)

(a) Dholavira

(b) Kalibangan

(c) Rakhigarhi

(d) Ropar

Ans: A

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Q.2. With reference to ‘Water Credit’, consider the following statements: (2021)

1. It puts microfinance tools to work in the water and sanitation sector.
2. It is a global initiative launched under the aegis of the World Health Organization and the World Bank.
3. It aims to enable the poor people to meet their water needs without depending on subsidies.

Which of the statements given above are correct?

(a) 1 and 2 only

(b) 2 and 3 only

(c) 1 and 3 only

(d) 1, 2 and 3

Ans: C

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Mains:

Q.1 What are the salient features of the Jal Shakti Abhiyan launched by the Government of India for water conservation and water security? (2020)

Q.2 Suggest measures to improve water storage and irrigation system to make its judicious use under the depleting scenario. (2020)

SC Overturns Unregulated Soil Extraction for Linear Projects

For Prelims: SC Overturns Unregulated Soil Extraction for Linear Projects, Supreme Court, Environmental Clearance (EC), National Green Tribunal (NGT).

For Mains: SC Overturns Unregulated Soil Extraction for Linear Projects, Features of EPA, Drawbacks of Environment Protection Act, 1986.

Source: IE

Why in News?

Recently, the Supreme Court overturned a notification from the Ministry of Environment issued three years ago. This notification exempted the extraction of ordinary earth for linear projects like road and railway construction from needing Environmental Clearance (EC). 

• The exemption, introduced in March 2020, faced a challenge in the National Green Tribunal (NGT), which instructed the Ministry in October 2020 to reassess it within three months. 

Linear Projects:

• Linear projects refer to infrastructure developments that follow a linear or continuous path, such as roads, railways, pipelines, canals, transmission lines, and highways. 
• These projects typically traverse long distances in a straight or curving line, connecting various points or locations.

What was the 2020 Exemption for Linear Projects?

• Background:
  • In September 2006, the Environment Ministry issued a notification under the Environment (Protection) Act, 1986, outlining activities requiring prior Environmental Clearance (EC). 
  • In January 2016, a subsequent notification exempted certain project categories from this requirement.
• Exemptions Provided in 2020 Notification:
  • In March 2020, a notification was issued that broadened the list of activities exempt from requiring environmental clearance. This included the extraction of ordinary earth, also referred to as sourcing or borrowing, for use in linear projects.

Why was the 2020 Exemption Challenged?

• Grounds of Challenge by the Petitioner:
  • The exemption was challenged before the NGT on the grounds that allowing the extraction of earth indiscriminately was arbitrary and violative of Article 14 of the Constitution of India. 
    • The petitioner argued that the exemption violated the requirement of prior EC in the leases as laid down by the Supreme Court in Deepak Kumar versus the State of Haryana Case, 2012.
  • The petitioner contended that the Ministry had bypassed the proper legal procedure of soliciting public objections before issuing the 2020 notification. 
  • Critics contend that the exemption granted in the environmental clearance (EC) process under the guise of 'public interest' during the Covid-19 lockdown was merely a pretext to favour private mining companies and contractors.
• Government’s Argument:
  • Before the NGT, the Centre argued that the exemption was essential "for the aid of the general public," benefiting various groups including the kumhars (potters), farmers, gram panchayats, banjara and oad communities in Gujarat, among others. 
    • It contended that granting exemption was a policy matter not subject to judicial intervention.
  • The overarching aim of the 2020 notification was to align with amendments to the Mines and Minerals (Development and Regulation) Act, 1957, enacted in March 2020.
    • These amendments allowed new lessees to continue mining for two years with the statutory clearances and licenses obtained by their predecessors.
• Verdict of NGT:
  • In October 2020, the NGT stated that the Ministry should aim for a balanced approach. Instead of a complete exemption, it should incorporate suitable safeguards such as regulating the excavation process and determining the quantity. 
    • The Tribunal directed the Centre to review the notification within three months.
  • Centre’s Response:
    • The Centre delayed action on the NGT order until the appellant appealed to the Supreme Court. 
• Concerns Raised by the SC:
  • The court ruled that the 2020 notification offering a blanket exemption lacked clarity and violated Article 14 of the Constitution. 
    • The Notification didn't define 'linear projects' or specify the amount and area of earth extraction. 
    • Additionally, it didn't ensure that only the necessary amount of earth for these projects was exempted, undermining the purpose of the Environmental Protection Act.
  • The court found no justification for waiving the requirement of public notice in the notification or in the Ministry's submissions to the NGT and SC. 
  • It deemed the decision arbitrary and lacking thoughtful consideration. The court also questioned the rush in issuing the notification during a nationwide lockdown when linear projects were halted.

Note: 

• In Deepak Kumar versus the State of Haryana Case, 2012, the Court held that the Model Rules of 2010 issued by the Ministry of Mines are vital from the environmental, ecological and bio-diversity point of view and therefore the State Governments have to frame proper rules in accordance with the recommendations, under Section 15 of the Mines and Minerals (Development and Regulation) Act, 1957. 

What are the Previous Similar Instances?

• In January 2018, the NGT quashed an exemption offered by the Ministry’s 2016 notification from the requirement of prior EC for building and construction activities having built-up areas of more than 20,000 sq m. 
  • There was nothing to suggest an improvement in the quality of the environment to justify the exemption.
• Emphasising the requirement of prior approval under the Environment Protection Act, the NGT invalidated two Office Memorandums issued by the Ministry in December 2012 and June 2013. These memorandums aimed to grant retrospective Environmental Clearance to projects under the 2006 notification.
• On 6th March 2024, the Kerala High Court quashed a 2014 notification that exempted educational institutions and industrial sheds with built-up areas of more than 20,000 sq m from obtaining EC.

Drishti Mains Question:

Q. Discuss the recent Supreme Court decision overturning the exemption of unregulated soil extraction for linear projects under the Environment Protection Act, 1986. Analyse the features of the exemption and the concerns raised by the court. 

UPSC Civil Services Exam, Previous Year Questions (PYQ)

Prelims:

Q. Consider the following statements: (2019)

1. The Environment Protection Act, 1986 empowers the Government of India to:
2. State the requirement of public participation in the process of environmental protection, and the procedure and manner in which it is sought.
3. Lay down the standards for emission or discharge of environmental pollutants from various sources.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Ans: (b)

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Mains:

Q. Despite India being one of the countries of Gondwanaland, its mining industry contributes much less to its Gross Domestic Product (GDP) in percentage. Discuss. (2021)

Q. “In spite of adverse environmental impact, coal mining is still inevitable for development”. Discuss. (2017)

Kodaikanal Solar Observatory

For Prelims: India’s Aditya-L1 Mission, Solar Observatory, Sunspots and Solar Flares, KoSO (Kodaikanal Solar Observatory).

For Mains: Solar Observatory, Achievements of Indians in Science & technology.

Source: IE

Why in News?

Recently, Kodaikanal Solar Observatory celebrated its 125^th birth anniversary. Over the years, it has played a crucial role in advancing our understanding of solar activity and its impact on Earth's climate and space weather. 

What is a Solar Observatory?

• About: A solar observatory is a facility or institution dedicated to observing and studying the Sun. 
  • These observatories use specialised telescopes and instruments to observe various phenomena on the Sun's surface, in its atmosphere, and in the surrounding space.
• Need: The Sun serves as the main source of energy for life on Earth, and alterations in its surface or surrounding areas have the potential to greatly impact our Earth’s atmosphere.
  • Intense solar storms and Solar flares pose significant risks to satellite operations, power grids, and navigation systems reliant on space-based technology. 
  • Through solar observatories, scientists can monitor these events and predict major events that can have an impact on earth’s atmosphere. 

What is the Kodaikanal Solar Observatory? 

• About: The Kodaikanal Solar Observatory is a solar observatory owned and operated by the Indian Institute of Astrophysics. It was established in 1899.
  • It is on the southern tip of the Palani Hills. 
  • The Evershed effect (apparent radial flow of gas observed in the penumbra (outer region) of sunspots on the Sun )was first detected at this observatory in January 1909. 
    
• Cause of Establishment: The establishment of the Kodaikanal Solar Observatory (KoSO) in India, was motivated by the need to understand the link between solar activity and monsoons. 
  • The devastating Great Drought of 1875-1877 in India highlighted the potential link between solar activity and seasonal rainfall patterns.
    • India, along with China, Egypt, Morocco, Ethiopia, southern Africa, Brazil, Columbia and Venezuela, suffered concurrent multi-year droughts during 1876-1878, later named the Great Drought, and an associated global famine that killed nearly 50 million.
  • The Famine Commission recommended establishing a solar observatory for systematic solar observations to understand this connection.
  • Charles Michie Smith, a physicist, was entrusted with finding a suitable location.
    • Kodaikanal in Tamil Nadu was chosen for its clear skies, low humidity, and minimal fog.
• Madras Observatory (Chennai, 1792): In 1792, the British East India Company established the Madras Observatory, a first of its kind in this part of the world.
  • Here, astronomical observations of the Sun, the Moon, bright stars and planets recorded during 1812-1825 were preserved in two large data volumes. 
  • It was merged with the KoSO following the reorganisation of all Indian observatories in April 1899.

What are the Other Major Space Observatories Established in India?

• Indian Astronomical Observatory (IAO), Hanle: It is situated in Hanle Ladakh and one of the country's premier astronomical facilities.
  • It is operated by the Indian Institute of Astrophysics and plays a vital role in advancing India's contributions to the field of astronomy and astrophysics.
• Mt. Abu Infrared Observatory (MIO): It is situated at the top of Mount Abu (at Gurushikhar) in the Aravalli Range of Rajasthan, India. 
  • It is operated by the Physical Research Laboratory (PRL).
  • Infrared astronomy involves observing celestial objects and phenomena in the infrared portion of the electromagnetic spectrum.
• Giant Metrewave Radio Telescope: It is a prominent radio astronomy facility located near Pune, India.
  • Operated by the National Centre for Radio Astrophysics (NCRA), the GMRT comprises 30 fully steerable parabolic radio telescopes spread over a large area.
  • Its design is based on the SMART Concept: Stretch Mesh Attached to Rope Trusses.

What are the Other Global Efforts and Missions to Study the Sun?

• India’s Aditya-L1 Mission: Aditya-L1 is the first space-based observatory class Indian solar mission to study the Sun from a substantial distance of 1.5 million kilometres.
• NASA’s Parker Solar Probe: It aims to trace how energy and heat move through the Sun’s corona and to study the source of the solar wind’s acceleration.
  • It recently made a 1^st-of-its-kind observation within a coronal mass ejection. 
• Helios 2 Solar Probe: The earlier Helios 2 solar probe, a joint venture between NASA and the space agency of erstwhile West Germany, went within 43 million km of the Sun’s surface in 1976.
• Solar Orbiter: A joint mission between the European Space Agency and NASA to collect data that will help answer a central question of heliophysics like how the Sun creates and controls the constantly changing space environment throughout the solar system.

Drishti Mains Question

Q: How do solar observations and solar activity data aid in the prediction and anticipation of severe geological and atmospheric phenomena? Discuss in context with India’s progress in this field. 

UPSC Civil Services Examination, Previous Year Question (PYQ)

Prelims

Q. Consider the following statements: (2016)

The Mangalyaan launched by ISRO

1. is also called the Mars Orbiter Mission
2. made India the second country to have a spacecraft orbit the Mars after USA
3. made India the only country to be successful in making its spacecraft orbit the Mars in its very first attempt

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 and 3 only

(c) 1 and 3 only

(d) 1, 2 and 3

Ans: (c)

---

Mains: 

Q. Discuss India’s achievements in the field of Space Science and Technology. How the application of this technology has helped India in its socio-economic development? (2016)

Nepal Moves to Ratify BIMSTEC Charter

Source: DD News

The presentation of the Bay of Bengal Initiative for Multi-. Sectoral Technical and Economic Cooperation (BIMSTEC), Charter in the Federal Parliament of Nepal marks a significant step towards regional cooperation and economic prosperity.

• The BIMSTEC Charter was adopted during the Fifth BIMSTEC Summit, 2022. The Charter serves as the foundational document, setting out principles and structures for cooperation among member states. Besides Nepal, the other six member countries of BIMSTEC have already endorsed the BIMSTEC Charter.
• BIMSTEC, formed in 1997, focuses on economic prosperity, social progress, scientific achievement, peace, and stability among countries in the Bay of Bengal region.
  • It is initially known as BIST-EC (Bangladesh-India-Sri Lanka-Thailand Economic Cooperation), and the organisation now comprises seven Member States (Bangladesh, Bhutan, India, Myanmar, Nepal, Sri Lanka, and Thailand.)
• India views BIMSTEC as integral to its 'Act East' policy, enhancing regional cooperation in Southeast Asia while advancing trade and security interests in the Indian Ocean. It also aligns with the Indo-Pacific focus of Quad countries.

Read more: BIMSTEC

Anti-Dumping Probe

Source: ET

Recently, India has initiated an anti-dumping probe into the import of 'Insoluble Sulphur’ used in the rubber industry from China and Japan.

• Directorate General of Trade Remedies (DGTR) is the apex national authority under the Ministry of Commerce and Industry for administering all trade remedial measures including anti-dumping, countervailing duties, and safeguard measures.
  • It offers assistance to domestic industries and exporters in responding to trade remedy investigations initiated against them by foreign nations, thereby providing trade defence support.

Read More: Anti-Dumping Duty, Protectionism vs Globalization

Shallow Fakes

Source: IE

Recently, the viral video featuring US Vice President Kamala Harris making irrational remarks points toward the threat society faces regarding shallow fakes.

• Shallow fakes or cheap fakes are pictures, videos, and voice clips created without the help of Artificial Intelligence (AI) technology but by either editing or by using other simple software tools.
• Deepfakes are synthetic media that use AI to manipulate or generate visual and audio content, usually intending to deceive or mislead someone.
  • These are created using a technique called generative adversarial networks (GANs), which involve two competing neural networks: a generator and a discriminator.
  • Global Risk Report 2024, by the World Economic Forum (WEF), also highlighted AI-powered misinformation and Disinformation as the most severe risks in the next 2 years.

Read More: Deepfakes, Global Risks Report 2024: WEF

Artificial Sun

Source: ET

Recently, a new world record was announced by scientists in South Korea in sustaining temperatures of 100 million degrees Celsius for 48 seconds in plasma state, in a nuclear fusion experiment. This is seven times hotter than the core of the sun.

• This accomplishment marks a significant milestone for harnessing clean energy from nuclear fusion, as it demonstrates the potential for producing massive heat energy comparable to the core of the Sun.
• Tokamak (International Thermonuclear Experimental Reactor (ITER)) is a collaboration of 35 nations launched in 1985 with India being a member. It is located in France.
  • It seeks to demonstrate nuclear fusion's potential as a large-scale and carbon-free energy source.

Read More- International Thermonuclear Experimental Reactor (ITER),Nuclear Fusion Energy

S.A.R.A.H

Source: WHO

Recently, the World Health Organization (WHO) announced the launch of S.A.R.A.H., a digital health promoter prototype with enhanced empathetic response powered by generative artificial intelligence (AI).

• S.A.R.A.H. (Smart AI Resource Assistant for Health) engages users in 8 languages on various health topics, accessible 24/7 on any device.
• It provides information on major health topics, including healthy habits, mental health, and other risk factors related to overall physiological health.
• It aims to empower individuals to optimise their health and well-being journey, serving as an additional tool to realise their rights to health.
• It supports users in understanding risk factors for diseases like cancer, heart disease, lung disease, and diabetes.

Read More: Artificial Intelligence (AI)