CURRENT AFFAIRS - 30/03/2024

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CURRENT AFFAIRS – 30/03/2024

CURRENT AFFAIRS – 30/03/2024

Bank accounts cannot be frozen under UAPA without satisfaction: Madras High Court

(General Studies- Paper III)

Source : The Hindu

The Madras High Court recently made a significant ruling concerning the freezing of bank accounts under the Unlawful Activities (Prevention) Act, 1967 (UAPA).

The case involved the freezing of a Chennai-based trust’s savings bank account suspected of supporting a banned organization, the Popular Front of India (PFI).

Key Highlights

Legal Basis for Freezing Bank Accounts:
- The ruling emphasized Section 7 of the UAPA, which grants the central government the authority to prohibit the use of funds associated with unlawful associations.
- Under Section 7(1), specific procedures must be followed before issuing such prohibitory orders, including a prior inquiry and subjective satisfaction.
Court’s Observations:
- The Division Bench, comprising Justices M.S. Ramesh and Sunder Mohan, highlighted the necessity for the central government to conduct an inquiry and arrive at a subjective satisfaction regarding the use or intended use of funds for banned organizations before freezing bank accounts.
- Violation of Legal Principles and Constitutional Rights:
  - In its verdict, the court emphasized that the failure to conduct the mandated inquiry before issuing a prohibitory order violated not only Articles 14 (equality before law) and 21 (protection of life and personal liberty) of the Constitution but also the principles of natural justice.
- Furthermore, the Bench underscored the obligation of the authorities to inform the affected party whenever coercive actions are initiated under Section 7 of the UAPA.
- They emphasized the critical importance of serving the prohibitory order on the affected party, highlighting its significance in ensuring procedural fairness.
Rejection of Authority Questioning:
- However, the Bench rejected the petitioner’s contention challenging the authority of the Greater Chennai Police to issue the order for freezing the bank account.
- They clarified that the UAPA grants the Center the power to delegate its authority to the State government, which in turn can further delegate it to the police.
- Thus, the police’s authority to issue such orders was deemed legitimate under the delegated powers framework established by the UAPA.

About Unlawful Activities (Prevention) Act, 1967 (UAPA)

The Unlawful Activities (Prevention) Act, 1967 (UAPA) is an Indian law enacted to prevent certain unlawful activities of individuals and associations, particularly those related to terrorism and activities against the integrity and sovereignty of India.
Definition of Unlawful Activities:
- The UAPA defines unlawful activities as any action or association that intends or supports secessionist tendencies, undermines India’s sovereignty, integrity, or security, or causes disaffection against India.
- This includes acts of terrorism, terrorist organizations, and activities supporting terrorism.
Prohibition of Unlawful Activities:
- The Act prohibits individuals and organizations from engaging in or supporting unlawful activities.
- It provides for the declaration of certain associations as unlawful if they are found to be involved in activities prejudicial to India’s sovereignty and integrity.
Designation of Terrorist Organizations and Individuals:
- The UAPA empowers the government to designate organizations and individuals as terrorists or terrorist entities if they are found to be involved in terrorism-related activities.
- Once designated, stringent legal measures can be taken against them.
Key amendments under UAPA Amendment Bill (2019):
- Designation of Individuals as Terrorists:
  - The Amendment Bill empowers the central government to designate individuals as terrorists based on their involvement in terrorist activities, preparation for terrorism, promotion of terrorism, or any other involvement in terrorist acts, expanding the scope beyond organizations.
- Approval for Seizure of Property by NIA:
  - Under the Amendment Bill, if the investigation is conducted by an officer of the National Investigation Agency (NIA), the approval of the Director General of NIA is required for the seizure of properties connected with terrorism, enhancing the authority of the NIA in such cases.
- Investigation by NIA:
  - The Amendment Bill empowers officers of the NIA, of the rank of Inspector or above, to investigate cases related to terrorist activities, broadening the investigative authority within the agency to handle such cases effectively.
- Insertion of Treaties:
  - The Amendment Bill adds the International Convention for Suppression of Acts of Nuclear Terrorism (2005) to the list of treaties defining terrorist acts under the Unlawful Activities (Prevention) Act, 1967, expanding the scope of treaties considered in defining terrorist activities

Notify norms to make movies accessible to disabled persons: HC

(General Studies- Paper II)

Source : The Hindu

The Delhi High Court has given the Centre a deadline until July 15 to finalize and notify guidelines for ensuring accessibility of films to individuals with hearing and visual impairments.

The court emphasized that accessibility is a legal right, applicable even to private entities, requiring them to take reasonable measures to enhance accessibility for persons with disabilities.

Key Highlights

Legal Right to Accessibility:
- The court underscored the enforceability of accessibility as a legal right, asserting that private parties are obligated to implement measures facilitating accessibility for individuals with hearing and visual impairments.
- This ruling affirms the importance of accommodating the needs of disabled individuals within various sectors, including the entertainment industry.
- Additionally, the court emphasized that the guidelines should stipulate a reasonable compliance period, ensuring prompt adherence to accessibility standards.
Background of the Case:
- The court’s decision stemmed from a petition filed by four individuals with visual and hearing impairments, seeking directives to ensure the accessibility of films to disabled individuals.
- Despite the enactment of the Rights of Persons with Disabilities (RPWD) Act over five years ago, the petitioners highlighted the lack of accessibility in most films released in India.
Draft Guidelines by Ministry of Information and Broadcasting (MIB):
- The Ministry of Information and Broadcasting has already prepared draft guidelines for accessibility standards in cinema halls catering to individuals with hearing and visual disabilities.
- These guidelines are currently in the finalization stage, with the court mandating their notification by July 15, 2024.
Previous Directives from Ministry:
- The Ministry of Information and Broadcasting had previously issued directives to film producers’ associations and the Central Board of Film Certification (CBFC) in October 2019.
- These directives urged the use of audio description and subtitles/closed captions in all films to enhance accessibility for disabled individuals.

About the Rights of Persons with Disabilities (RPWD) Act

The Rights of Persons with Disabilities (RPWD) Act, 2016 is a significant legislation enacted by the Parliament of India to promote and protect the rights and dignity of individuals with disabilities across various aspects of life.
Enactment:
- The RPWD Act, 2016 was enacted on December 28, 2016, and came into force on April 19, 2017, with the aim of ensuring that persons with disabilities enjoy their rights equally with others.
- The Act replaced the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, to align with the United Nations Convention on the Rights of Persons with Disabilities, which India ratified in 2007.
Salient Features:
- The Act defines disability based on an evolving and dynamic concept, covering a wide range of specified disabilities including physical disabilities, intellectual disabilities, visual impairments, hearing impairments, and various other conditions.
Key Provisions:
- The RPWD Act mandates that appropriate governments take effective measures to ensure equal rights for persons with disabilities, provides for free education for children with disabilities, reserves 5% of seats in higher educational institutions for persons with disabilities, and ensures accessibility in public buildings within a prescribed time-frame.
Support Measures:
- The Act emphasizes support measures for persons with disabilities, including provisions for guardianship, access to legal services, and financial support through national and state funds.
Implementation Mechanisms:
- The Act establishes implementing mechanisms such as Disability Commissioner’s Offices at the central and state levels, District Committees, Boards, and Committees for planning and monitoring, and Special Courts at the district level to handle cases concerning the violation of rights of persons with disabilities.
Penalties:
- The Act includes penalties for offenses committed against persons with disabilities and designates special courts to handle cases related to the violation of their rights.

GeM may offer works contracts

(General Studies- Paper III)

Source : The Hindu

The Government e Marketplace (GeM), an online platform facilitating public procurement of goods and services, is planning to broaden its scope to include work contracts for construction and building projects.

This initiative aims to introduce transparent bidding processes and establish a monitoring mechanism to assess the progress of such contracts.

Key Highlights

Benefits of Inclusion of Work Contracts:
- Incorporating work contracts into the GeM platform is expected to streamline the tendering process, reduce time delays, and promote transparency.
- Contractors from various regions will have the opportunity to bid for projects nationwide, while online monitoring mechanisms will ensure efficient progress tracking.
- Additionally, the introduction of milestone-linked payments and post-contract management features will further enhance efficiency and accountability in public procurement processes.

What is Government e-Marketplace (GeM)?

Government e Marketplace (GeM) is an online platform for public procurement in India that aims to revolutionize the way government buyers procure goods and services.
Background:
- The Government e-Marketplace (GeM) was conceived based on the recommendations of two Groups of Secretaries to the Prime Minister in January 2016.
- These groups proposed the establishment of a dedicated e-marketplace for the procurement and sale of goods and services by Government agencies and Public Sector Undertakings (PSUs), alongside reforms to the Directorate General of Supplies and Disposals (DGS&D).
- The Finance Minister announced the initiative in the Budget speech for FY 2016-17, emphasizing the need for a technology-driven platform to streamline government procurement processes.
Launch:
- GeM was launched on August 9, 2016, by the Ministry of Commerce and Industry, Government of India, with the objective of creating an open and transparent procurement platform for government buyers.
- The Directorate General of Supplies and Disposals (DGS&D), with technical support from the National eGovernance Division under the Ministry of Electronics and Information Technology, developed the GeM portal for procuring both products and services.
Purpose:
- GeM serves as a contactless, paperless, and cashless online marketplace that replaced the Directorate General of Supplies and Disposals (DGS&D) in 2016, bringing visibility and transparency to public procurement processes.
Key Features:
- GeM is designed to drive three key pillars: inclusion, usability, transparency, efficiency, and cost savings in public procurement.
- It offers a wide range of procurement methods, including direct purchase, electronic bidding, electronic reverse auction, and direct reverse auction.
- GeM significantly reduces human interface in various aspects of procurement, including vendor registration, order placement, and payment processing.
- It provides an open platform with no entry barriers for genuine suppliers seeking to conduct business with the Government.
- Both buyers and sellers receive SMS and email notifications at every step of the procurement process, enhancing transparency and communication.
Ownership:
- The platform is owned by GeM SPV (Special Purpose Vehicle), a 100% Government-owned non-profit company under the Ministry of Commerce and Industries, Government of India.
Mandatory Usage:
- Purchases through GeM by government users have been authorized and made mandatory by the Ministry of Finance, adding Rule 149 in the General Financial Rules, 2017, to streamline and standardize procurement processes.
Benefits:
- GeM brings transparency, efficiency, and cost savings to government procurement.
- An independent assessment by the World Bank revealed that buyers on GeM save an average of about 9.75% on the median price, showcasing the platform’s effectiveness in driving down costs.
Country of Origin:
- The Government of India has mandated sellers to display the ‘country of origin’ on products sold on GeM, promoting transparency and supporting initiatives like Make in India.
Current Status and Achievements:
- Since its launch in May 2016, GeM has facilitated procurement across over 12,000 product and 320 service categories, catering to both central and state government departments.
- Notably, it has onboarded 90,000 Gram Panchayats as buyers.
- Recent procurement orders, including a significant service order from the State Bank of India worth approximately ₹400 crore, have propelled the total gross merchandise value of GeM procurements this year beyond ₹4 lakh crore.
Shift in Procurement Patterns:
- While products traditionally dominated GeM procurements, there has been a notable shift in recent years.
- Currently, products account for 49% of the merchandise value, indicating an increasing focus on services procurement.
- Notably, the Defense Ministry alone has conducted purchases worth ₹50,000 crore through GeM this year.

Why US allowed UNSC resolution on Gaza ceasefire to pass?

(General Studies- Paper II)

Source : The Indian Express

Historically, bipartisan support for Israel in the US has been robust.

However, the situation in Gaza has led to a division of opinions, with a significant portion of Americans now critical of Israel’s actions and the US’s unwavering backing for it.

Key Highlights

US Decision Not to Veto UNSC Resolution:
- The US’s decision not to use its veto power to block a United Nations Security Council (UNSC) resolution calling for an immediate ceasefire marks a significant departure from its previous stance of unwavering support for Israel.
- This move is perceived as politically prudent, considering domestic political dynamics and international concerns.
- Previous Instances of US Distance from Israeli Position:
  - While rare, this isn’t the first time the US has distanced itself from Israel’s position.
  - In 2016, during the Obama administration’s final days, the US abstained from a UNSC resolution condemning Israel’s settlements in Palestine as illegal.
- Historical US Support for Israel in UNSC:
  - The US has historically provided staunch support for Israel in the UNSC, as evidenced by its vetoing of 45 resolutions critical of Israel, out of a total of 89 vetoes until December 18, 2023.
  - This unwavering support has been a consistent feature of US policy in the region.
- Nature of UNSC Resolutions and Enforcement Options:
  - UN Security Council (UNSC) resolutions are generally perceived as more prescriptive than General Assembly resolutions, with Chapter 7 resolutions considered binding.
  - However, enforcement options for UNSC resolutions are limited if the country in question refuses to comply.
  - Possible measures include travel bans, sanctions, or military intervention, none of which are likely in the case of Israel’s non-compliance with the recent resolution.
  - Thus, the vote serves more as a political message than a legally enforceable mandate.
- Political Implications for President Biden:
  - The upcoming presidential election in November adds complexity to the situation.
  - President Biden’s reliance on the Arab and Muslim vote, as well as support from the Democratic party’s left wing, makes the issue of US support for Israel politically sensitive.
  - Swing states like Michigan and Wisconsin, with substantial Muslim populations, are crucial for Biden’s reelection bid.
  - Furthermore, Arab countries, which are key partners to the US, are expressing increasing apprehension regarding Israel’s actions in Gaza.
- Domestic Implications in the US:
  - The decision to abstain from vetoing the UNSC resolution may have repercussions domestically in the US, particularly among President Biden’s target demographic and disaffected traditionally Democratic voters.
  - It remains to be seen how these groups will react to the abstention and whether it will influence their political preferences.
  - Republican Response and Invitation to Netanyahu:
    - Republicans are seizing upon the situation to score political points, with Republican Speaker of the US House of Representatives, Mike Johnson, announcing plans to invite Israeli Prime Minister Benjamin Netanyahu to address a joint meeting of Congress.
    - This move is unusual, as it is typically the President who extends such invitations.
    - However, in 2015, Netanyahu addressed a joint meeting of Congress without an invitation from the President.
  - Democratic Support Among Jewish Voters:
    - Traditionally, Democrats have enjoyed significant support from Jewish voters, garnering approximately 70-80% of the Jewish vote.
    - How the abstention from vetoing the UNSC resolution will impact Democratic support among Jewish voters remains to be seen.
  - US Position on Israel and Netanyahu:
    - The recent abstention from vetoing the UNSC resolution does not signify a fundamental change in the US stance towards Israel.
    - The decision is specific to the current situation and does not reflect a shift in the broader US-Israel relationship.
    - Despite tensions between Netanyahu and the current US administration, US leaders remain committed to the overall partnership with Israel.
    - Democrats, in particular, are distancing themselves from Netanyahu’s leadership while maintaining support for Israel as a nation.
    - Continuation of US-Israel Partnership:
      - Practically, there is unlikely to be a reduction in US assistance to Israel.
      - The US has a long-term commitment of providing significant aid to Israel, including a $38 billion aid program established in 2016.
      - Additionally, there is deep collaboration between the two countries in various industries, such as defense technology, exemplified by projects like the Iron Dome.
    - Impact of the UNSC Resolution:
      - While the UNSC resolution carries political significance, particularly in the current context, it is unlikely to bring about an end to the conflict.
      - The recent attacks in October have deeply affected Israel, prompting efforts to restore deterrence against future incidents.
      - However, Israel’s maximalist goals, such as eliminating Hamas entirely, may prove challenging to achieve and lack broad international support.
      - Israel has yet to articulate sustainable goals that could garner broader backing on the global stage.

About UN Security Council (UNSC)

The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN), established to maintain international peace and security.
It was established on 24 October 1945 following the end of World War II to address the failures of the League of Nations in maintaining global peace and security.
The UNSC operates under the authority of the UN Charter and has the power to make decisions that member states are obligated to implement.
Composition:
- The UNSC consists of 15 members, including five permanent members (P5) and ten non-permanent members elected for two-year terms by the General Assembly.
- The five permanent members are China, France, Russia, the United Kingdom, and the United States.
- These permanent members hold veto power, which means that any one of them can block substantive resolutions.
Functions:
- The primary functions of the Security Council are to maintain international peace and security, investigate disputes, recommend methods of peaceful resolution, and enforce its decisions through sanctions or military action if necessary.
- It also oversees peacekeeping operations authorized by the UN.
Conflict Management:
- The UNSC aims to resolve international disputes peacefully through negotiation, arbitration, or other peaceful means as outlined in Chapter VI of the UN Charter.
- Chapter VII empowers the Council to take more assertive actions, such as imposing sanctions or authorizing the use of force to maintain international peace and security

Power threat to the Bustard

(General Studies- Paper III)

Source : The Indian Express

The Supreme Court announced its intention to review its April 2021 order, which mandated the burial of all power lines within the habitat of the critically endangered Great Indian Bustard (GIB).

The Centre deemed the implementation of this order impractical over long distances.

Key Highlights

Formation of Committee:
- In response to the challenges posed by the April 2021 order, the court established a seven-member committee.
- This committee is tasked with proposing measures to safeguard and preserve the GIB population.
- Specifically, it will identify critical areas where power lines might need to be placed underground.
Context of GIB Habitat and Power Lines:
- The GIB, with less than 150 individuals remaining in the wild, faces a perilous situation due to the prevalence of power lines in its habitat, particularly in the Kutch and Thar deserts of western India.
- These regions, rich in solar and wind energy potential, host dense networks of overhead transmission lines associated with energy projects.
- Impact of Power Lines on Bustards:
  - Power lines pose a significant threat to flying birds, including the GIB.
  - A study conducted by the Wildlife Institute of India (WII) estimated that approximately 84,000 birds of various species are killed annually due to collisions with power lines in GIB habitats, highlighting the severity of the issue.
- Vulnerability of GIBs:
  - The GIBs are particularly susceptible to collisions with power lines due to their narrow frontal vision and large size.
  - Unlike some birds with panoramic vision, GIBs have blind areas above their heads, making it difficult for them to detect power lines in their flight path.
- Rationale Behind Supreme Court’s Order:
  - The urgency of the situation was emphasized by a WII study, which suggested that even a conservative estimate of four power line-induced mortalities per year could lead to the extinction of the GIB within two decades.
  - Hence, the Supreme Court’s order in April 2021 mandated the burial of power lines, regardless of the associated costs, to address the imminent threat to the GIB population.
- Arguments of the Centre Regarding Power Line Burial:
  - In February, the Centre submitted an affidavit to the Supreme Court outlining several challenges and concerns regarding the feasibility and practicality of burying power lines of 66 KV and higher voltage.
  - These challenges include transmission losses, maintenance difficulties, multiple cable joints, increased time requirements, and safety concerns.
  - The Centre emphasized the heavy cost implications of undergrounding all power lines in the identified area, stating that the expenses would amount to “many thousands of crores.”
  - Additionally, the Centre highlighted the importance of harnessing renewable power from regions like Rajasthan and Gujarat to meet rising power demand and fulfill India’s international commitments on climate change.
- Reality Check on Underground Power Lines:
  - Contrary to the arguments presented by the Centre, Power Minister R K Singh stated in March 2020 that underground cable systems of 220-400 KV voltage are integral to modern-day power transmission infrastructure.
  - However, due to higher costs and requirements, underground cables are typically used for short distances on a case-by-case basis.
  - The minister’s statement included a list of 54 underground power lines, the longest being a 320KV line spanning 32 km.
- Supreme Court’s Order and Ground Reality:
  - In its 2021 order, the Supreme Court differentiated between power lines that would install bird diverters and those that would be converted to underground lines, if feasible, within a year.
  - However, in Rajasthan, where 25 transmission lines totaling 1,342 km were designated to install bird diverters, only four lines covering 104 km were slated for underground installation, all of which were 33 KV lines.
  - Despite budgeting Rs 59 crore for the underground laying of these lines, none have been implemented in the three years since the Supreme Court’s order.
  - Committee’s Appraisal and Ratification:
    - Over the past few years, a court-appointed committee evaluated applications for new power lines spanning approximately 2,356 km across the Great Indian Bustard (GIB) landscape in the Thar desert.
    - Remarkably, the committee approved 98% of the length for overhead laying, indicating a significant preference for overhead transmission despite concerns over bird fatalities.
  - Other Threats to the Great Indian Bustard (GIB):
    - Besides power lines, the GIB faces various other threats in its habitat, including the proliferation of free-ranging dogs, sporadic hunting, and the widespread use of pesticides in farmlands, which pose significant risks to the bird’s survival.
    - Loss of grassland, particularly nesting sites, and declining support from local communities further compound the challenges faced by the GIB.
  - Government Initiatives and Captive Breeding:
    - The Centre has outlined efforts to protect the GIB through initiatives such as captive breeding and habitat restoration and protection.
    - Successful captive breeding efforts at Sam in Jaisalmer district resulted in the hatching of a chick through artificial incubation in March 2023.
    - However, the success of captive breeding relies on creating a sizable habitat free from hostile infrastructure.
    - Priority of Burying Power Lines:
      - Experts emphasize the priority of burying power lines to mitigate the threat to the GIB, especially in areas where undergrounding is feasible.
      - They suggest utilizing funds from sources like CAMPA for this purpose, as bird diverters may not offer foolproof protection.
    - Balancing Sustainable Development and Wildlife Conservation:
      - It’s cautioned against prioritizing renewable energy goals over the survival needs of species like the GIB, which are integral to ecosystems.
      - There’s a need to strike a balance between sustainable development objectives and wildlife conservation, ensuring that infrastructure development doesn’t compromise desert ecology.

About the Great Indian Bustard

The Great Indian Bustard (Ardeotisnigriceps) is a large ground bird native to the Indian subcontinent, known for its distinctive appearance and critical endangerment.
Physical Characteristics:
- The Great Indian Bustard is a tall bird with long legs and a long neck, standing up to 1.2 meters (4 feet) tall.
- Males and females are roughly the same size, weighing around 15 to 18 kg.
- Males have a black crown on the forehead, contrasting with a pale neck and head, while females have a smaller black crown and a discontinuous or absent black breast band.
- They have a wingspan of 210-250 cm and are marked with black, brown, and grey on their wings.
Habitat and Distribution:
- Historically, the Great Indian Bustard was distributed across Western India and parts of Pakistan, with its stronghold in regions like the Thar desert and the Deccan plateau.
- However, today, its population is mostly confined to Rajasthan and Gujarat, with smaller populations in Maharashtra, Karnataka, and Andhra Pradesh.
- They prefer flat open landscapes with minimal visual obstruction and disturbance, adapting well to grasslands.
Conservation Status:
- The Great Indian Bustard is listed as Critically Endangered on the IUCN Red List, with only about 200 individuals remaining worldwide.
- The Great Indian Bustard is listed in Schedule I of the Indian Wildlife (Protection) Act, 1972.
- The species faces numerous threats, including hunting, poaching, collisions with power lines, habitat loss due to agricultural expansion and infrastructural development, and predation by free-ranging dogs and other animals.
Conservation Efforts:
- Conservation initiatives like “Project Bustard” have been launched in India to protect the Great Indian Bustard and its habitat.
- Efforts include raising awareness, implementing conservation programs, and establishing breeding facilities to increase the population of this critically endangered species.