Daily Current Affairs for UPSC CSE
Topics Covered
- Climate Refugee
- AFSPA
- Heat waves
- Election of RS member
- Antarctica Bill
- Facts for Prelims
1 . Climate Refugee
Context : Union Ministers Bhupender Yadav and R.K. Singh parried questions from Opposition members in the Lok Sabha on how India planned to address emissions from its coal plants and whether it had a strategy in place to deal with climate refugees, saying the government had provisioned for these and was taking steps to source more of its energy from non-fossil fuel sources. Western nations have a historical responsibility to address the greenhouse gas emissions they have emitted. We have a national adaptation fund and national disaster resilience infrastructure fund to take care of potential climate refugees
Who are climate refugees?
- Climate refugees are people who are displaced within their country or outside it, due to the effects of climatological factors including extreme temperatures, widespread floods, droughts, rises in sea level, tsunamis, aggravating coastal erosion, desertification, and other natural calamities.
- The role of extreme weather events in the migration of the population began in India’s past. Scholars believe that climate change was a major cause of the end of many civilizations and at present, climate change is the most significant factor in the creation of climate refugees. The predictions of climate scientists and experts concerning climate change and its ill effects are coming true now.
- It has been reported that close to 1.5 million people are classified as internally displaced in India every year mostly due to climate change.
Does India have displacement laws to cater to the needs of climate refugees?
- In India people have been displaced due to unplanned developmental activities, such as the construction of dams, bridges and railways which have taken place without consideration of scientific and environmental implications. Various developmental activities do cause climate change and thereby result in the creation of climate refugees.
- The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is the law dealing with providing compensation in cases of acquisition of land by Government in order for developmental activities to take place in the state. Another piece of legislation which deals with rehabilitation in case of climate events is the Disaster Management Act, 2005, which prepares disaster plans, prevents or mitigates against effects of disasters, and coordinates and manages responses.
- However, these laws do not address the rehabilitation of climate refugees who are coming from other nations. Adding to the existing laws in order that they respond to the needs of climate refugees would be a great achievement from India’s side.
- India is not party to the 1951 Refugee Convention or its 1967 Protocol and does not have a national refugee protection framework. However, it continues to grant asylum to a large number of refugees from neighbouring States and respects UNHCR’s mandate for other nationals, mainly from Afghanistan and Myanmar. While the Government of India deals differently with various refugee groups, in general India shows respect towards the ideals and principles of UNHCR in dealing with refugees.
2 . AFSPA
Context : The Union Home Ministry has considerably reduced the “disturbed areas” under the Armed Forces (Special) Powers Act (AFSPA) in Assam, Manipur and Nagaland, Home Minister Amit Shah announced on Thursday.
About the News
- Areas under the AFSPA have been considerably reduced in these three States; it has not been completely removed.”
- The order, effective from April 1, would be applicable for six months.
- The Ministry constituted a committee on December 26 last to study if the AFSPA could be withdrawn from some areas in Nagaland after outrage against a botched Army ambush that led to the killing of 13 civilians at Oting in Mon district on December 4.
- In the State, the AFSPA was being removed from the jurisdiction of 15 police stations in seven districts but would remain active in 57 police stations in 13 districts. The decision was taken based on the committee’s recommendation.
- In Assam, the AFSPA was being removed completely from 23 districts and one district would be covered partially under it.
About AFSPA
- AFSPA gives armed forces the power to maintain public order in “disturbed areas”.
- They have the authority to prohibit a gathering of five or more persons in an area, can use force or even open fire after giving due warning if they feel a person is in contravention of the law.
- If reasonable suspicion exists, the army can also arrest a person without a warrant; enter or search a premises without a warrant; and ban the possession of firearms.
- Any person arrested or taken into custody may be handed over to the officer in charge of the nearest police station along with a report detailing the circumstances that led to the arrest.
About “disturbed area” and power to declare it?
- A disturbed area is one which is declared by notification under Section 3 of the AFSPA.
- 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. A suitable notification would have to be made in the Official Gazette.
- As per Section 3 , it can be invoked in places where “the use of armed forces in aid of the civil power is necessary”.
- The Ministry of Home Affairs would usually enforce this Act where necessary, but there have been exceptions where the Centre decided to forego its power and leave the decision to the State governments.
Origin of AFSPA
- The Act came into force in the context of increasing violence in the Northeastern States decades ago, which the State governments found difficult to control.
- 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, 1958.
Currently AFSPA is applicable in following states:–
- Jammu & Kashmir & Ladakh
- Assam
- Nagaland
- Manipur (except Imphal Municipal Area)
- Three districts of Arunachal Pradesh and its eight police station areas bordering Assam
Why is the law controversial?
- AFSPA has often been criticised as a “draconian Act” for the unbridled power it gives to the armed forces and the impunity that security personnel enjoy for their actions taken under the law.
- Under AFSPA, the “armed forces” may shoot to kill or destroy a building on mere suspicion. A non-commissioned officer or anyone of equivalent rank and above may use force based on opinion and suspicion, to arrest without warrant, or to kill.
- He can fire at anyone carrying anything that may be used as a weapon, with only “such due warning as he may consider necessary”.
- Once AFSPA is implemented, “no prosecution… shall be instituted except with the previous sanction of the central government, in respect of anything done or purported to be done” under this Act.
- The Jeevan Reddy Committee formed in 2004 had recommended a complete repeal of the law. “The Act is a symbol of hate, oppression and an instrument of high handedness,” the body said.
How has this Act been received by the people?
- It has been a controversial one, with human rights groups opposing it as being aggressive.
- Manipur’s Irom Sharmila has been one if its staunchest opponents, going on a hunger strike in November 2000 and continuing her vigil till August 2016.
- Her trigger was an incident in the town of Malom in Manipur, where ten people were killed waiting at a bus stop.
What has Supreme Court said about AFSPA?
- In 2016, the Supreme Court delivered a stinging rebuke to the government over the continuation of AFSPA.
- The SC judgment clarified that the notion that the Act provides a free hand to security forces is flawed.
- Ruling on a petition filed by the Extra Judicial Execution Victims Families Association (EEVFAM), a representative platform of people in Manipur whose kin have allegedly been killed by security forces, the Court held that due process needs to be followed in civilian complaints reported from areas under the AFSPA and that the Act doesn’t provide blanket immunity to army personnel in anti-insurgency operations.
- The continuance of the Act in any region for extended periods symbolises, according to the apex court, “failure of the civil administration and the armed forces”.
- The apex court also ruled that over 1,500 cases of alleged fake encounters in Manipur, over the last 20 years, “must be investigated”.
Why has AFSPA been withdrawn now?
- The decision has come as the result of a combination of circumstances.
- Over the last two decades, various parts of the Northeast have seen a reduction in insurgencies, some of them up to 60 years old. A number of major groups were already in talks with the Indian government, and these talks received traction during the current regime.
- In Nagaland, all major groups — the NSCN(I-M) and Naga National Political Groups (NNPGs) — are at advanced stages of concluding agreements with the government.
- In Manipur, insurgency as well as heavy militarisation have been on the decline since 2012, when the Supreme Court started hearing a PIL on extra-judicial killings.
- In Nagaland, the killing of 14 villagers in Oting, Mon, is seen as having had a telling impact on reviving the demand to repeal AFSPA.
3 . Heat waves
What is Heat Wave
- A Heat Wave is a period of abnormally high temperatures, more than the normal maximum temperature that occurs during the summer season in the North-Western parts of India.
- Heat Waves typically occur between March and June, and in some rare cases even extend till July. The extreme temperatures and resultant atmospheric conditions adversely affect people living in these regions as they cause physiological stress, sometimes resulting in death.
The Indian Meteorological Department (IMD) criteria for Heat Waves
- Heat Wave need not be considered till maximum temperature of a station reaches atleast 40*C for Plains and atleast 30*C for Hilly regions
- When normal maximum temperature of a station is less than or equal to 40*C :- Heat Wave Departure from normal is 5*C to 6*C, Severe Heat Wave Departure from normal is 7*C or more
- When normal maximum temperature of a station is more than 40*C :- Heat Wave Departure from normal is 4*C to 5*C Severe Heat Wave Departure from normal is 6*C or more
- When actual maximum temperature remains 45*C or more irrespective of normal maximum temperature, heat waves should be declared.
Causes
- A heat wave is caused by a high pressure system that hovers over an area. It traps heat beneath it like an oven. High-pressure systems force air downward. Hot air on the ground cannot escape into higher levels. Without rising air, there are no rain or clouds. The sun just bakes the area until a new pressure system is strong enough to push the high-pressure system away.
Effects
- Heat stress causes dehydration and loss of body salt.
- It can also lead to failure in people with heart conditions.
- When the core body temperature rises beyond 104 F, organs fail. The gut leaks toxins into the body, creating an inflammatory response called heat stroke.
Conclusion
- Higher daily peak temperatures and longer, more intense heat waves are becomingly increasingly frequent globally due to climate change.
- India too is feeling the impact of climate change in terms of increased instances of heat waves which are more intense in nature with each passing year, and have a devastating impact on human health thereby increasing the number of heat wave casualties.
4 . Election Process of Rajya Sabha Member
Context : BJP gets its first RS member from Tripura
What is peculiar to the Rajya Sabha polls as far as the electorate is concerned?
- Only elected members of the State Legislative Assemblies can vote in a Rajya Sabha election. The legislators send a batch of new members to the Upper House every two years for a six-year term.
- A third of Members of Parliament in the Rajya Sabha (which is a permanent House and is not subject to dissolution), from each State retire once in two years and polls are held to fill up the vacancies.
- In addition, vacancies that arise due to resignation, death or disqualification are filled up through bypolls after which those elected serve out the remainder of their predecessors’ term.
- Voting is by single transferable vote, as the election is held on the principle of proportional representation. In other words, a bloc of MPs belonging to one or more parties can elect a member of their choice if they have the requisite numbers. This is to avoid the principle of majority, which would mean that only candidates put up by ruling parties in the respective States will be elected. The Delhi and Puducherry Assemblies elect members to the Rajya Sabha to represent the two Union Territories.
What is the voting process?
- Polling for a Rajya Sabha election will be held only if the number of candidates exceeds the number of vacancies. Since the strength of each party in the Assembly is known, it is not difficult to estimate the number of seats a party would win in the Rajya Sabha poll.
- For instance, if there are four seats to be filled up, and the ruling party and its allies command a two-thirds majority, and the Opposition a third, it will mean that the election will go three seats to one in favour of the ruling party. In many States, parties avoid a contest by fielding candidates only in respect to their strength. Where an extra candidate enters the fray, voting becomes necessary.
- Candidates fielded by political parties have to be proposed by at least 10 members of the Assembly or 10% of the party’s strength in the House, whichever is less. For independents, there should be 10 proposers, all of whom should be members of the Assembly.
What is Single transferable vote?
- A single transferable vote means electors can vote for any number of candidates in order of their preference. A candidate requires a specified number of first preference votes to win.
- Value of 1 vote : Each first choice vote has a value of 100 in the first round. To qualify, a candidate needs one point more than the quotient obtained by dividing the total value of the number of seats for which elections are taking place plus one. For instance, if there are four seats and 180 MLAs voting, the qualifying number will be 180/5= 36 votes or a value of 3,600. Normally, the results are clear after one round itself. The extra candidate is eliminated for want of enough first preference votes.
- Second round of counting : However, counting may go to the second round, if more than one candidate fails to get the specified number. In such a situation, the second preference polled by the candidates (in ballots where the first preference has gone to those already qualified) will be transferred to their kitty, but with a diminished value. The total value of the votes polled by the remaining candidates both as first and subsequent preferences would be used to decide the winner.
Why do not the Rajya Sabha polls have a secret ballot?
- The Rajya Sabha polls have a system of open ballot, but it is a limited form of openness. As a measure to check rampant cross-voting, which was taken to mean that the vote had been purchased by corrupt means, the system of each party MLA showing his or her marked ballots to the party’s authorised agent, before they are put into the ballot box, has been introduced.
- Showing a marked ballot to anyone other than one’s own party’s authorised agent will render the vote invalid.
- Not showing the ballot to the authorised agent will also mean that the vote cannot be counted. And independent candidates are barred from showing their ballots to anyone.
Why does not none of the above, or NOTA, apply to the Rajya Sabha polls?
- The Election Commission of India (ECI) issued two circulars, on January 24, 2014 and November 12, 2015, giving Rajya Sabha members the option to press the NOTA button in the Upper House polls.
- However, in 2018, the Supreme Court of India struck down the provision, holding that the ‘none of the above’ option is only for general elections held on the basis of universal adult suffrage, and cannot be applied to indirect elections based on proportional representation.
Does cross-voting attract disqualification?
- No. The Supreme Court, while declining to interfere with the open ballot system, ruled that not voting for the party candidate will not attract disqualification under the antidefection law.
- As voters, MLAs retain their freedom to vote for a candidate of their choice.
- However, the Court observed that since the party would know who voted against its own candidate, it is free to take disciplinary action against the legislator concerned.
Can a legislator vote without taking oath as a member of the Assembly?
- While taking oath as a member is for anyone to function as a legislator, the Supreme Court has ruled that a member can vote in a Rajya Sabha election even before taking oath as legislator.
- It ruled that voting at the Rajya Sabha polls, being a non-legislative activity, can be performed without taking oath. A person becomes a member as soon as the list of elected members is notified by the ECI, it said. Further, a member can also propose a candidate before taking oath.
5 . Antarctica Bill
Context : Nearly 40 years after India first signed the Antarctic Treaty, the government has brought in a draft Indian Antarctic Bill, 2020. Earth Sciences Minister Dr Jitender Singh tabled the draft Bill in Lok Sabha
What is the Antarctica Bill?
- The draft bill is the first domestic legislation with regard to Antarctica in India.
- Twenty-seven countries including Argentina, Australia, Belarus, Belgium, Canada, Chile, Columbia, Finland, France, Germany, Italy, Japan, Republic of Korea, the Netherlands, New Zealand, Norway, Peru, Russian Federation, South Africa, Spain, Sweden, Turkey, Ukraine, United Kingdom, United States of America, Uruguay and Venezuela already have domestic legislations on Antarctica.
- While India has been sending expeditions to Antarctica for the past 40 years, these expeditions have been circumscribed by international law. The Bill now puts into place a comprehensive list of regulations related to Antarctica, for such scientific expeditions, as well as for individuals, companies and tourists.
- The Ministry has explained that it expects activity in Antarctica to increase in the coming years, making the enforcement of a domestic set of protocols essential.
- A domestic legislation will further provide more validity to the Antarctic Treaty, and subsequent protocols, of which India is a signatory
- The most significant part of the Bill is extending the jurisdiction of Indian courts to Antarctica, for crimes on the continent by Indian citizens, or foreign citizens who are a part of Indian expeditions. So far there was no recourse for crimes committed during an expedition, including crimes against the environment.
What is the Antarctica Treaty?
- The Antarctic Treaty was signed in 1959 by 12 countries — Argentina, Australia, Belgium, Chile, French Republic, Japan, New Zealand, Norway, Union of South Africa, USSR, the UK of Great Britain and Northern Ireland and the US of America, and came into force in 1961.
- The Treaty covers the area south of 60°S latitude.
- The objectives of the treaty are to demilitarize Antarctica and establish it as a zone used for peaceful research activities and to set aside any disputes regarding territorial sovereignty, thereby ensuring international cooperation.
- Currently, 54 nations are signatories to the Antarctic Treaty, but only 29 nations have a right to vote at the Antarctic Treaty Consultative Meetings – this includes India.
- India signed the Antarctic Treaty in 1983 and received consultative status the same year.
- The Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR) was set up in 1980 for the protection and preservation of the Antarctic environment and, in particular, for the preservation and conservation of marine living resources in Antarctica.
- The Protocol on Environmental Protection to the Antarctic Treaty was signed in 1991 and came into force in 1998. It designates Antarctica as a “natural reserve, devoted to peace and science”.
What are the main provisions of the Bill?
- While the most significant provision of the Bill remains the extending of jurisdiction of Indian courts to Antarctica, and the investigation and trial for crimes committed on the Arctic continent, the Bill is a comprehensive document of regulations, particularly keeping in mind environmental protection and the fragile nature of the region.
- The Bill introduces an elaborate permit system for any expedition or individual who wishes to visit the continent. These permits will be issued by a Committee that will be set up by the government. The Committee will comprise of the Secretary Earth Sciences ministry and will also have officials from Defence, Ministry of External Affairs, Finance, Fisheries, Legal Affairs, Science and Technology, Shipping, Tourism, Environment, Communication and Space ministries along with a member from the National Centre for Polar and Ocean Research and National Security Council Secretariat and experts on Antarctica.
- The permits can be cancelled by the Committee if deficiencies are found or activities in contravention of the law are detected.
- While India does not carry out commercial fishing in the area, since every country has an allotted quota, the Bill now provides for this activity. However, strict guidelines are in place in accordance with international law.
- Like fishing, while India does not carry out any tourism activity in the region, and very few Indian tourists visit Antarctica, when they do, they do so through foreign tour operators. Antarctica receives a number of tourists from foreign countries. The Bill now enables Indian tour operators to operate in Antarctica, although, like for commercial fishing, this is circumscribed by strict regulations.
- The Bill further enlists elaborate standards for environmental protection as well as waste management.
What are the prohibitions?
- The Bill prohibits drilling, dredging, excavation or collection of mineral resources or even doing anything to identify where such mineral deposits occur — the only exception is for scientific research with a granted permit.
- Damaging of native plants, flying or landing helicopters or operating vessels that could disturb birds and seals, using firearms that could disturb the birds and animals, remove soil or any biological material native to Antarctica, engage in any activity that could adversely change the habitat of birds and animals, kill, injure or capture any bird or animal have been strictly prohibited.
- The introduction of animals, birds, plants or microscopic organisms that are not native to Antarctica are also prohibited. Extraction of species for scientific research needs to be done through a permit. The central government can also appoint an officer to carry out inspections.
What is the penalty system that has been introduced?
- The draft Bill proposes the setting up of a separate designated court to try crimes committed in Antarctica.
- The Bill further sets high penal provisions — the lowest penalty comprising an imprisonment between one-two years and a penalty of Rs 10-50 lakh. Extraction of any species native to Antarctica, or introduction of an exotic species to the continent can draw imprisonment of seven years and a fine of Rs 50 lakh.
- For dumping of nuclear waste or a nuclear explosion, the imprisonment can range between 20 years to life imprisonment with a fine of Rs 50 crore.
6 . Facts for Prelims
Difference between GMO and Genetic Engineering
- Genetically modified organisms (GMO) involves modification of the genetic material of the host by introduction of a foreign genetic material. In the case of agriculture, soil bacteria is the best mining source for such genes which are then inserted into the host genome using genetic engineering. For example, in case of cotton, introduction of genes cry1Ac and cry2Ab mined from the soil bacterium Bacillus Thuringiensis (BT) allow the native cotton plant to generate endotoxins to fight pink bollworm naturally. BT Cotton uses this advantage to help farmers naturally fight pink bollworm which is the most common pest for cotton farmers.
- The basic difference between genome editing and genetic engineering is that while the former does not involve the introduction of foreign genetic material, the latter does. In the case of agriculture, both the techniques aim to generate variants which are better yielding and more resistant to biotic and abiotic stress. Before the advent of genetic engineering, such variety improvement was done through selective breeding which involved carefully crossing plants with specific traits to produce the desired trait in the offspring. Genetic engineering has not only made this work more accurate but has also allowed scientists to have greater control on trait development.
FASTER
- ‘FASTER’, an abbreviation of ‘Fast and Secured Transmission of Electronic Records’, a digital platform formally launched by Chief Justice of India (CJI) N.V. Ramana
- The platform would be used by the court officials to instantly to send e-copies of the orders through a secured electronic communication channel to intended parties. FASTER would aid the cause of quick and effortless justice.
Igla-S
- Igla-S systems are Man portable air defence systems (MANPADS) recently procured from Russia under emergency procurement
Centralized Public Grievance Redress and Monitoring System (CPGRAMS) of DARPG
- The Department of Administrative Reforms and Public Grievances (DAR&PG), is the nodal agency of the Government of India in-charge of policy making, monitoring and coordinating departments for public grievances.
- The Allocation of Business Rules, 1961 delineated the mandate for the same. These rules have allocated work relating to (i) redress of public grievances (in general) and (ii) grievances pertaining to Central Government agencies, to the DAR&PG.
- Centralized Public Grievance Redress And Monitoring System (CPGRAMS) is an online web-enabled system over NICNET developed by NIC, in association with Directorate of Public Grievances (DPG) and Department of Administrative Reforms and Public Grievances (DARPG). CPGRAMS is the platform based on web technology which primarily aims to enable submission of grievances by the aggrieved citizens from anywhere and anytime (24×7) basis to Ministries/Departments/Organizations/State Governments who scrutinize and take action for speedy and favorable redress of these grievances.
- Tracking grievances is also facilitated on this portal through the system generated unique registration number.