12 August 2023 CNA
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TABLE OF CONTENTS
A. GS 1 Related B. GS 2 Related POLITY 1. Centre seeks to overhaul British-era criminal laws C. GS 3 Related ENVIRONMENT/DISASTER MANAGEMENT 1. Maui Wildfires D. GS 4 Related E. Editorials F. Prelims Facts 1. Luna-25 will not hamper function of Chandrayaan-3: Russian space agency 2. Tampara lake 3. Khalistan Tiger Force 4. Index of Industrial Production 5. Chinese military ship docks at Colombo port 6. US objects to Forbes acquisition G. Tidbits H. UPSC Prelims Practice Questions I. UPSC Mains Practice Questions
A. GS 1 Related
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B. GS 2 Related
1. Centre seeks to overhaul British-era criminal laws
Syllabus: Indian Constitution, Amendments, Significant provisions
Prelims: Criminal Laws in India
Mains: Amendments to Criminal Laws in India
Context:
- Union Home Minister Amit Shah introduced three Bills in the Lok Sabha to repeal the British-era Criminal Laws – the Indian Penal Code (IPC), the Indian Evidence Act (IEA), and the Code of Criminal Procedure (CrPC).
- The proposed legislation will bring about a “transformative change” in the Indian judicial system by prioritising the delivery of justice over punishment.
Read more about the Indian Evidence Act (IEA) in the link.
History of the Criminal Justice System
- From 1860 to 2023, the country’s criminal justice system functioned as per the laws made by the British.
- Lord Macaulay is said to be the chief architect of the codification of criminal laws in India.
Outdated Criminal Justice System
- Colonial Era Laws: The criminal justice system is a replica of the British colonial jurisprudence, which was designed with the purpose of ruling the nation and not serving the citizens.
- Ineffectiveness: The purpose of the criminal justice system was to protect the rights of the innocents and punish the guilty, but nowadays the system has become a tool for the harassment of the common people.
- Pendency of Cases: According to the Economic Survey, there are more than 3.5 crore cases pending in the judicial system, especially in district and subordinate courts, which leads to the actualization of the maxim “Justice delayed is justice denied.”
- Huge Undertrials: India has one of the world’s largest numbers of undertrial prisoners. According to NCRB Prison Statistics India, 67.2% of our total prison population comprises undertrial prisoners.
- Poor Investigation: Corruption, huge workload and accountability of police is a major hurdle in the speedy and transparent delivery of justice.
Need for Reforms in Criminal Laws
- Criminal law is considered to be the most apparent expression of the relationship between a state and its citizens.
- A hallmark of any civilized society lies in the maturity and the erudition of its Criminal Justice System.
- Criminal Law like every other law has to meet the pace at which society is evolving.
- The deviant minds, whom Criminal Law seeks to apprehend and bring to justice have also become sophisticated and nuanced in their modus operandi, the 21st Century ‘criminal mind’ is far more multi-dimensional than what perhaps Macaulay’s Code could envision and account for.
- Any State that seeks to ensure to its citizenry the sacrosanct right to life and personal liberty is duty-bound to develop and nurture a framework of efficient penal and procedural laws.
- It is a positive obligation of the State to protect society against breaches of peace and violation of public order.
- In the Indian context, the call for reforms in criminal laws has echoed repeatedly across temporal, geographical and political boundaries.
- The unconstitutionality, inconsistencies, bottlenecks, and inefficiencies in our criminal laws have been pointed out and lamented for too long.
Committees for Reforming Criminal Laws
- Malimath Committee Report: It was headed by Justice V.S. Malimath, former Chief Justice of the Karnataka and Kerala High Courts. This Committee began its work in 2000 and submitted its report in 2003. It suggested 158 changes in the CJSI but the recommendations weren’t implemented. The Committee had opined that the existing system “weighed in favour of the accused and did not adequately focus on justice to the victims of crime.”
- Madhav Menon Committee: It submitted its report in 2007. The four-member panel was set up to draft a national policy paper on the criminal justice system.
- Ranbir Singh Committee: Committee for Reforms in Criminal Laws was set up by MHA in 2020.
Proposed Reforms
- The Bharatiya Nyaya Sanhita Bill, 2023, which replaces the IPC, prescribes capital punishment for mob lynching as the maximum sentence.
- It suggests 10-year imprisonment for sexual intercourse with women on the false promise of marriage.
- Govt has claimed that Sedition Law (Section 124A of the IPC) is being repealed.
- The Bill for the first time defines terrorism and offences such as separatism, armed rebellion against the government, and challenging the sovereignty of the country, which were earlier mentioned under different provisions of law.
- Provision for putting absconding criminals on trial in absentia.
- In cases of sexual violence against women, the video recording of statements of survivors has been made compulsory.
- Police have to inform about the status of a complaint in 90 days. If a case punishable by 7 years or more is to be withdrawn, then before doing so, the police must consult the victim.
- Community service is being introduced for specific crimes. The maximum limit of 180 days has been fixed to file a chargesheet. Police will get 90 days to file a chargesheet, another 90 days can be granted by the court, but it cannot exceed that.
- The government of the day will have to decide prosecution sanctions against police officers and civil servants within 120 days, or else it will be deemed to be permitted.
- Videography of search and seizure is being made compulsory and a chargesheet won’t be accepted without it.
- Forensic collection of evidence is compulsory in all crimes punishable by 7 years.
- A police officer will be designated in each police station who will certify to the relatives of an accused that she/he is in police custody.
- The death sentence can only be remitted to a life sentence, a life sentence can be remitted only up to seven years, and seven years imprisonment can be waived off only up to three years.
- Formal provision for ‘Zero FIR’ – this will enable citizens to lodge an FIR with any police station, no matter their jurisdiction.
Initial Criticism
- Section 150 of The Bharatiya Nyaya Sanhita Bill, 2023 deals with the offence of sedition. However, it does not use the word sedition but describes the offence as “endangering sovereignty, unity and integrity of India.”
Source: Byjusias
Source: Byjusias
Conclusion: The Bills will be sent to the Parliamentary Standing Committee on Home Affairs for a detailed review and discussion.
Nut Graf: An overhaul of the criminal laws was long overdue in the country owing to the colonial origins of the system. However, the pros and cons of the changes must be weighed and consulted with all stakeholders before making this huge transition.
C. GS 3 Related
Category: ENVIRONMENT/DISASTER MANAGEMENT
Syllabus: Environmental pollution and degradation, Disasters, Disaster Management
Prelims: Recent Wildfires
Mains: Causes and management of Wildfires
Context: A devastating wildfire swept through Maui, Hawaii, leading to destruction, fatalities, and evacuations.
- Maui is an island in the Central Pacific, part of the Hawaiian archipelago. The Hawaiian Islands are an archipelago of eight major volcanic islands, several atolls, and numerous smaller islets in the North Pacific Ocean, extending some 1,500 miles from the island of Hawaiʻi in the south to the northernmost Kure Atoll.
- Formation: The Hawaiian Islands were formed by a hot spot occurring in the middle of the Pacific Plate. While the hot spot itself is fixed, the plate is moving. So, as the plate moved over the hot spot, the string of islands that make up the Hawaiian Island chain was formed.
Source: worldatlas
Causes of forest fires
- Natural causes like lightning can set fires on trees which may be spread by wind. Sometimes, high atmospheric temperatures and dryness (low humidity) offer favourable circumstances for a fire to start.
- Man-made causes are usually the ones that become dangerous. Fire is caused when a source of fire like a naked flame, cigarette, electric spark, or any source of ignition comes into contact with inflammable material.
- Other human-led causes are land clearing and other agricultural activities, maintenance of grasslands for livestock management, extraction of non-wood forest products, industrial development, resettlement, hunting, negligence, and arson.
Source: NASA
Source: Forest Survey of India
Impact of forest fires
- Variations in the mineral composition and geochemical transformations that deplete soil health.
- Affects the density and diversity of insects like grasshoppers, amphibians and other reptiles.
- Cause great havoc to the habitat of the wildlife species.
- Cause the release of large quantities of carbon dioxide, carbon monoxide and other fine particulate matter into the atmosphere causing air pollution.
- Attempting to clear weeds with fires has in some cases been a further catalyser of its growth and spread.
Also read Wildfires and Greenhouse Gas Emissions in Boreal Forests.
Management of forest fires:
- The Forest Survey of India along with state disaster management has chalked several forest fire management plans that operate at various levels.
- Classification of fire-prone areas into high, medium and low-risk areas.
- Taking account of the quantum of inflammable content i.e. fuel load (dry vegetation, history of forest fires and human activities).
- Operationalization of fire plans at the station, range, divisional and circle levels.
- Use of fire breaks or fire lines that are small areas of cleared ditches and counter fires that act as efficient barrier to reduce the intensity and further spread of fires
- Check on local community activities like during festivals peaking in summer, people setting forests on fire is common.
- Engaging local communities who can act as fire watchers of the fire gangs.
- Use of robust technology to map and detect forest fire, use of GIS, Satellite-based remote sensing like MODIS (Moderate Resolution Imaging Spectro-radiometer) and SNPP-VIIRS (Suomi-National Polar-orbiting Partnership – Visible Infrared Imaging Radiometer Suite).
National initiative for forest fire management:
- Forest fire prevention and management scheme – for states to deal with forest fires.
- National action plan for forest fires (NAPFF) 2018 – by informing and creating awareness among local communities and incentivizing them for helping in forest fire mitigation.
Conclusion:
The forests serve as efficient means to mitigate climate change serving as carbon sinks. However, their burning has turned them into carbon producers further negatively contributing to climate change. The forest department along with the local communities need to work in tandem to control this serious issue that has multiple adverse environmental impacts.
Nut Graf: Wildfires are caused naturally also but human-led actions are increasing their intensity and spread; it is imperative that the government along with NGOs, scientists, local communities and all other stakeholders take active preventive measures and spread awareness of this issue.
D. GS 4 Related
Nothing here for today!!!
E. Editorials
Nothing here for today!!!
F. Prelims Facts
1. Luna-25 will not hamper function of Chandrayaan-3: Russian space agency
- Both Russia’s lunar lander and India’s spacecraft are expected to reach the moon on August 23.
- Russia’s space agency Roscosmos, which launched the Luna-25, has said that its landing on the moon would not impede India’s Chandrayaan-3, which was launched on July 14, 2023, as the two missions have different landing areas and there was enough space on the Moon for everyone.
- Luna-25 is static, it will not move on the surface of the Moon. Luna-25’s landing on the Moon would take place in several stages.
- Launching Luna-25 onto the flight trajectory to the Moon will take 1 hour and 20 minutes. The duration of the flight from Earth to the Moon is five days. Stay in lunar orbit — from five to seven days, depending on the landing area. Three areas were selected for the lunar landing: the main one — to the north of the Boguslavsky crater and two reserve ones — to the south of the Manzinus crater and to the south of the Pentland-A crater.
- Chandrayaan-3 successfully entered the lunar orbit.
- According to the ISRO, there were six active lunar orbiters as of July 2023.
- “Currently, the only operating rover is China’s Yutu-2 rover released by Chang’e 4, which operates on the far side. From the available media sources, it is expected that Luna-25 of Russia with a lander and rover will be in a lunar orbit of 100 km by August 16, 2023, and will be landing on the south pole of the moon by August 21-23, 2023,” ISRO said on August 9.
- Roscosmos said that it has had no interaction with the ISRO on the Luna-25 project.
- However, it said that it is open to India’s participation in the International Scientific Lunar Station (ILRS) and also exploring the possibility of placing a Russian scientific payload on future Indian lunar exploration missions.
- The ILRS is a planned lunar base currently pursued by Roscosmos and the Chinese space agency.
Source: Swarajya
Source: Swarajya
2. Tampara lake
- The National Green Tribunal, Eastern Zone, has directed the Odisha government not to go ahead with ‘illegal’ construction in and around Tampara Lake, a designated Ramasar site and one of the largest picturesque freshwater lakes of the State.
- The NGT has issued the order after hearing a petition filed by the Wildlife Society of Orissa, an environmental pressure group, which alleged that the ongoing large-scale permanent construction work in Tampara Lake was illegal.
- It said the construction within the waterbody and its zone of influence were taken up without obtaining requisite permissions. The WSO had brought to its notice the non-implementation of wetland rules and the dysfunctional status of the grievance committee and State wetland authority to the extent that no meeting had been convened except once in the last six years.
- About Tampara lake
- Rich in fauna.
- Spread across 337.86 ha with a length of 5.8 km and a width of 670 metres in the Ganjam district, Tampara Lake supports at least 60 species of birds, 46 species of fishes, at least 48 species of phytoplanktons, and more than seven species of terrestrial plants and macrophytes. There is a patch of forest with a width of 2 km that separates the Bay of Bengal from the lake.
- As per submissions made by WSO, the wetland is an important habitat for vulnerable species such as Cyprinus carpio, common pochard (Aythya ferina), and river tern (Sterna aurantia).
- Tampara is already placed in the Wetland Atlas prepared by the Ministry of Environment, Forest and Climate Change in 2010.
- It was alleged that water sport activity including surfing, kayaking and scuba diving are in the offing in Tampara as part of efforts to make it an ecotourism hub. The permanent construction includes restaurants, hotels, Tampara resorts and cottages and concrete structures. They have been constructed within the water area and 50 metres of Tampara Lake.
- Even though Khalistani figures accused India of the killing of Khalistan Tiger Force (KTF) chief Hardeep Singh Nijjar, the Canadian police did not consider India to be involved in the act, according to a report.
- India was not mentioned when the Canadian law enforcement agencies listed potential threats to Nijjar’s life. The report said that, prior to his death, Nijjar had been advised to relocate and divert his routes to steer clear from getting targeted.
- Nijjar was killed on June 18 2023 in Canada’s Surrey city in British Columbia. The report says he was warned quite a few times by the Canadian Security Intelligence Service (CSIS) and the Royal Canadian Mounted Police (RCMP) but India did not figure in those briefings.
- India’s National Investigation Agency (NIA) had also announced an award of Rs.10 lakh in July 2022 for any disclosure that would have accelerated his detention.
4. Index of Industrial Production
- India’s industrial production growth declined to a three-month low of 3.7 per cent in June mainly due to poor showing by the manufacturing sector.
- The factory output growth measured in terms of the Index of Industrial Production (IIP) stood at 12.6 per cent in June 2022 on account of a lower base effect.
- IIP is an indicator that measures the changes in the volume of production of industrial products during a given period.
- It is compiled and published monthly by the National Statistical Office (NSO), Ministry of Statistics and Programme Implementation.
- It is a composite indicator that measures the growth rate of industry groups classified under:
- Broad sectors, namely, Mining, Manufacturing, and Electricity.
- Use-based sectors, namely Basic Goods, Capital Goods, and Intermediate Goods.
- Base Year for IIP is 2011-2012.
- The eight core industries of India represent about 40% of the weight of items that are included in the IIP. The Eight Core Sectors/Industries are:
- Electricity
- Steel
- Refinery products
- Crude oil
- Coal
- Cement
- Natural gas
- Fertilizers
5. Chinese military ship docks at Colombo port
- A Chinese warship that arrived in Colombo on 10th August 2023 will be docking at the Colombo Port until 12th August 2023 the Sri Lankan Navy has said, exactly a year after the visit of a Chinese vessel caused diplomatic tensions between New Delhi and Colombo.
- The Chinese People’s Liberation Army Navy warship Hai Yang 24 Hao is at the port of Colombo on a “formal visit”, according to a media statement from the Sri Lankan Navy. The 129-metre long-ship is manned by a crew of 138 members and is helmed by Commander Jin Xin.
- Chinese authorities had sought permission for the vessel’s visit earlier, but Sri Lanka delayed permission because of resistance from India.
- However, when contacted, Sri Lankan officials said India had not raised any concern over the PLA warship’s visit, through official channels.
- “India is fully aware of the vessel’s visit and has not expressed any concern over it. India and Sri Lanka are on the same page,” a Ministry of Defence spokesman stated.
6. US objects to Forbes acquisition
- Former U.S. National Intelligence Council chair has written to the U.S. Treasury Department, asking it to stop a consortium that includes India-based SUN Group from buying a controlling stake in Forbes magazine, citing national security concerns.
- The consortium had already dropped SUN Group as its lead investor. The consortium was concerned about SUN Group’s Vice Chair Shiv Khemka’s links to Russia [and President Vladimir Putin] and the issues that could cause with U.S. regulators. Forbes was hoping to close a deal by the end of March for $800 million.
- A letter reported that The SUN Group has links, with the Chinese government, with the Chinese State Council, allegedly owning 70% of a gold mine in Russia, one of SUN Group’s assets.
G. Tidbits
Nothing here for today!!!
H. UPSC Prelims Practice Questions
Q1. Which of the following Ramsar sites in India is not a freshwater lake but a brackish lake?
- Deepor Beel
- Loktak Lake
- Sambhar Lake
- Tampara Lake
CHECK ANSWERS:-
Answer: c
Explanation: Sambhar Lake is the only brackish water lake among the listed Ramsar sites.
Q2. With reference to the Unlawful Activities (Prevention) Act (UAPA), which of the following statements is/are incorrect?
- UAPA is a preventive detention law under Article 22 of the Indian Constitution.
- It has a provision for a maximum period of judicial custody of up to 180 days.
Select the correct answer using the code given below:
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
CHECK ANSWERS:-
Answer: a
Explanation: Statement 1 is incorrect as UAPA is not a preventive detention law under Article 22. It allows for the arrest and detention of a person for up to 180 days if there are reasonable grounds to believe that the person is involved in an unlawful activity.
Preventive detention laws allow the government to detain a person without charge or trial, for a limited period of time, in order to prevent them from engaging in activities that are considered a threat to national security or public order.
Q3. Which space agency recently launched the Luna-25 spacecraft?
- NASA
- European Space Agency (ESA)
- Indian Space Research Organisation (ISRO)
- Russian Federal Space Agency (Roscosmos)
CHECK ANSWERS:-
Answer: d
Explanation: The Luna-25 spacecraft was launched by the Russian Federal Space Agency (Roscosmos).
Q4. With reference to the Index of Industrial Production (IIP) in India, which of the following statements is/are correct?
- It provides a measure of the specific output of each industrial sector.
- IIP is published annually by the National Statistical Office (NSO).
Select the correct answer using the code given below:
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
CHECK ANSWERS:-
Answer: d
Explanation: IIP is a composite indicator of industrial activity and doesn’t measure specific outputs of individual sectors. It is calculated and published by the NSO every month.
Q5. Consider the following statements about wildfires:
- Wildfires can spread across large distances by carrying embers and sparks through the wind.
- They are caused solely by natural causes like lightning.
- Its spread depends on the arrangement of land, available fuel, and weather conditions.
How many of the statements given above are incorrect?
- Only one
- Only two
- All three
- None
CHECK ANSWERS:-
Answer: a
Explanation: Wildfires can be caused by both natural factors like lightning and human activities. They can indeed spread through wind-carried embers and sparks.
I. UPSC Mains Practice Questions
- India’s criminal justice laws are in dire need of reforms. Evaluate. (250 words, 15 marks) (GS-2; Polity)
- What factors contribute to wildfires? Examine a few recent wildfires around the world and discuss prevention and mitigation measures. (250 words, 15 marks) (GS-3; Environment and Disaster Management)
Read the previous CNA here.
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