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Daily Current Affairs 17 May 2024 – IAS Current Affairs

Current Affairs 17 May 2024 focuses on the Prelims-Mains perspective. Major events are :


Digital Competition Bill 2024

Source: Indian Express
GS II: Government policies and interventions for development in various sectors and issues arising out of their design and implementation


Overview

Digital Competition Bill 2024
Image by rorozoa on Freepik
  1. News in Brief
  2. What are the features of Digital Competition Bill 2024?
  3. Competition Commission of India

Why in the News?

India has proposed a new digital competition law.

News in Brief

  • India has proposed a new digital competition law that could stop tech giants like Google, Facebook, and Amazon from self-preferencing their own services or using data gathered from one company to benefit another group company.
  • The draft law, called the Digital Competition Bill, 2024.
  • Also has provisions to set presumptive norms to curb anti-competitive practices before they take place, and promises to impose heavy penalties.
  • If this were to go into force, it could require big tech companies to make fundamental changes to their various platforms.
What are the features of Digital Competition Bill 2024?

This is an analysis of the Digital Competition Bill. 

What is the draft digital competition bill?

  • The emergence of ‘Big Tech’ companies over the last twenty years has spurred a widespread call for their regulation.
  • India is also addressing this issue.
  • The government established the ‘Committee on Digital Competition Law’ (CDCL) in 2023 to investigate and report on the necessity of a distinct law for regulating competition in digital markets.
  • Following over a year of discussions, the CDCL presented its report to the Indian Parliament in the second week of March 2024.
  • The report is accompanied by the Digital Competition Bill, 2024 (DCB). This draft is currently open for public consultation until May 15, 2024.

Key Features of Digital Competition Bill 2024

  • Ex-ante regulation
    • The current ex-post framework (intervening after an event occurs) under the Competition Act, 2002, does not facilitate timely redressal of anti-competitive conduct by digital enterprises.
    • Legislation should regulate only those enterprises that have a significant presence and the ability to influence Indian digital market.
  • Significant Digital Enterprises (SSDEs)
    • Certain features of digital markets allow digital enterprises to swiftly gain influence.
    • These features include
      • Collection of user data which can allow large incumbent enterprises to enter related markets
      • Network effects where the utility of a service increases when the number of users consuming the service increases
      • Economies of scale wherein incumbents can offer digital services at lower costs as compared to new entrants. 
    • Designating entities offering certain core digital services as SSDEs for ex-ante regulation, which are susceptible to market concentration.
      • These include search engines, social networking services, operating systems, and web browsers.
  • Penalties
    • Recommended that contraventions under the draft Bill should be addressed by imposing civil penalties.
    • For calculating the ceiling on penalties, the Committee recommended the use of global turnover of enterprises.
    • The Committee also recommended capping the penalty at 10% of the global turnover of SSDEs.
  • Enforcement
    • Empower the Director General, appointed under the 2002 Act, to investigate any contraventions when directed by the CCI.
    • CCI should bolster its technical capacity including within the Director General’s office for early detection and disposal of cases.
    • Constituting a separate bench of the National Company Law Appellate Tribunal for the timely disposal of appeals.
Competition Commission of India
  • The Competition Commission of India (CCI) is the chief regulatory body responsible for enforcing competition laws and promoting fair competition in India.
  • Established under the Competition Act, 2002
  • Aims to prevent practices that have an adverse effect on competition, promote and sustain competition in markets, protect the interests of consumers, and ensure freedom of trade carried out by other participants in markets in India.

Functions and Objectives

  • Preventing Anti-Competitive Practices: CCI investigates and takes action against anti-competitive agreements, abuse of dominant positions, and mergers and acquisitions that could potentially harm the competitive landscape.
  • Promoting Fair Competition: The CCI works to create a level playing field by promoting competition and curbing monopolistic practices, ensuring businesses operate under fair conditions.
  • Consumer Protection: One of the key objectives is to protect consumer interests by ensuring they have access to a wide range of goods and services at competitive prices.
  • Regulating Combinations: The CCI scrutinizes mergers and acquisitions to prevent combinations that may lead to a substantial reduction of competition in the market.

Mercury Measuring Devices Phasing Out

Source: United Nation
GS II: Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources


Overview

Mercury Measuring Devices Phasing Out
Image by Clker-Free-Vector-Images from Pixabay
  1. News in Brief
  2. What is the issue with Mercury-based instruments?
  3. How phasing out started?
  4. About Mercury

Why in the News?

Nations unite to eliminate mercury-containing medical devices.

News in Brief

  • Governments of Albania, Burkina Faso, India, Montenegro and Uganda have joined forces in a historic endeavour to tackle chemical pollution.
  • This marks a significant milestone as these nations unveil a US$ 134 million project to eliminate the use of mercury in medical devices.
  • Medical thermometers and sphygmomanometers (devices that measure blood pressure) are essential medical devices used widely in healthcare.
What is the issue with Mercury-based instruments?

  • Devices that historically have contained mercury are harmless as long as they remain intact.
  • When these devices break or are taken out of service, the mercury they contain can escape into the environment where it vaporizes, exposing healthcare workers and patients to harmful fumes.
  • Inhalation can cause damage to the lungs, kidneys and nervous system.
  • Waste generated can contaminate the immediate area of the spill, as well as a facility’s wastewater.
How phasing out started?

  • This is led by 
  • Implementation process nationwide strategies to phase out the import, export and manufacture of thermometers and sphygmomanometers.
    • Involve transforming procurement and supply chains, including alternatives, training of medical staff, building awareness among the public and training for improved waste management.
  • Advantages
    • Digital thermometers can be up to one-third cheaper than their mercury counterparts.
    • All maintaining the same level of clinical accuracy.
  • The target for phasing out
    • Phase out mercury-added thermometers and sphygmomanometers at a rate of 20% per year.
    • Reducing spillages by 23 350 kg.
    • Improving the lives of over 1.8 million people.
About Mercury

Mercury is a naturally occurring element that is found in air, water, and soil. Known for its liquid state at room temperature, mercury is used in various industrial processes and products. However, it is highly toxic and poses significant health and environmental risks.

Characteristics

  • Chemical Properties: Mercury, symbol Hg, has an atomic number of 80. It is unique among metals as it remains liquid at room temperature.
  • Forms of Mercury:
    • Elemental Mercury (Metallic Mercury): Found in thermometers, dental amalgams, and some electrical switches.
    • Inorganic Mercury Compounds: Used in industrial processes and some cosmetics.
    • Organic Mercury Compounds: Methylmercury is the most toxic form, accumulating in fish and marine life.

Sources

  • Natural Sources: Volcanic eruptions, weathering of rocks, and geothermal activities release mercury into the environment.
  • Human Activities:
    • Coal Combustion: Burning coal for energy is a major source of mercury emissions.
    • Gold Mining: Artisanal and small-scale gold mining uses mercury to extract gold, leading to significant releases.
    • Industrial Processes: Chlor-alkali plants, cement production, and waste incineration contribute to mercury pollution.
    • Products: Thermometers, fluorescent light bulbs, batteries, and dental fillings contain mercury.

Health Effects

  • Neurological Damage: Mercury exposure, particularly to methylmercury, can cause severe damage to the brain and nervous system. It is especially harmful to fetuses and young children, affecting cognitive functions and development.
  • Kidney Damage: Mercury can accumulate in the kidneys, leading to renal dysfunction.
  • Cardiovascular Problems: Some studies suggest that mercury exposure may increase the risk of cardiovascular diseases.
  • Other Health Issues: Symptoms of mercury poisoning include tremors, insomnia, memory loss, neuromuscular effects, headaches, and cognitive and motor dysfunction.

Environmental Impact

  • Bioaccumulation: Mercury bioaccumulates in the food chain, particularly in fish and shellfish, posing a risk to wildlife and humans.
  • Ecosystem Damage: Mercury pollution can harm terrestrial and aquatic ecosystems, affecting plant and animal life.
  • Water Contamination: Mercury released into water bodies can convert into methylmercury, contaminating fish and posing health risks to those who consume them.

International Efforts and Regulations

  • Minamata Convention on Mercury: An international treaty adopted in 2013 to protect human health and the environment from anthropogenic emissions and releases of mercury and mercury compounds. The convention includes measures to control the production, import, and export of mercury, reduce its use in products and processes, and address mercury-containing waste.
  • Global Mercury Partnership: UNEP leads this initiative to protect human health and the environment from mercury through collaborative actions and projects.

Key Measures and Initiatives

  • Reducing Mercury Emissions: Implementing cleaner technologies and practices in industries and power plants to reduce mercury emissions.
  • Phasing Out Mercury Products: Developing and promoting mercury-free alternatives for products and processes.
  • Public Awareness and Education: Increasing awareness about the risks of mercury exposure and promoting safe practices.
  • Monitoring and Research: Enhancing the monitoring of mercury levels in the environment and conducting research to better understand its impacts.

Global Report on Internal Displacement 2024

Source: Down to Earth
GS III: Conservation, environmental pollution and degradation, environmental impact assessment


Overview

  1. About the Report
  2. India and South Asia in the report
  3. How to reduce the number?

Why in the News?

Global Report on Internal Displacement 2024 (GRID-2024) released the report on internally displaced people.

About the Report

  • Global Report on Internal Displacement 2024 (GRID-2024) released by the Geneva-based Internal Displacement Monitoring Centre (IDMC).
  • In 2023, the number of internally displaced people increased to 75.9 million, from 71.1 million in the preceding year.
  • Internal displacement: The number of forced movements of people within the borders of their country recorded during (a) year.
  • Reason for Internal Displacement
    • The GRID records internal displacements due to conflict violence and disasters.
    • In 2018 a trend of disasters particularly weather-related ones was the reason.
  • The highest figure since data became available due to conflict.
    • Sudan, Syria, the Democratic Republic of the Congo (DRC), Colombia and Yemen host nearly half of the world’s internally displaced people.
    • Israel Palestine forced millions of people to flee in 2023.
  • Disaster-induced internal displacement population was 7.7 million by the end of 2023
    • Displacement due to weather-related disasters came down by a third in 2023.
    • One-fourth of it was caused by earthquakes.
    • With significant events across six continents.
    • High-income countries, such as Canada and New Zealand, reported their highest figures ever.
    • Storms and floods led to fewer displacements across most of Asia.
    • South Asia reported 3.7 million internal displacements, of which disasters caused 3.6 million.
Global Report on Internal Displacement 2024
Internal Displacement
India and South Asia in the report

  • India reporting its lowest displacement in recent years.
  • Internal displacements (movements): India had almost 67,000 displaced by conflict and 528,000 displaced by disaster issues.
  • Internally displaced people (IDPs): 613,000 due to conflict and 90,000 due to disaster.
  • Displacement due to Disaster
    • The Indian subcontinent, cyclone Biparjoy formed in the Arabian Sea in early June causing evacuation of western India and three storms, causing widespread flooding across Guja – rat and Rajasthan and triggering 105,000 displacements as it moved inland.
    • Over 100,000 Hit by Floods in 20 Districts of Assam, 22 June 2023
  • Displacement due to Violence
    • The vast majority were the result of an increase in communal violence in India’s north-eastern state of Manipur.
How to reduce the number?

  • Facilitating the return, local integration, or resettlement of displaced individuals and addressing their vulnerabilities is crucial.
  • To prevent new and repeated displacement and resolve ongoing crises, governments must enhance conflict resolution, peacebuilding, disaster risk reduction, poverty alleviation, and climate action efforts.
  • Enhanced data collection to inform prevention and response strategies, as well as to monitor progress towards solutions, will significantly increase the effectiveness of these interventions.

Supreme Court limits ED’s power to arrest PMLA accused

Source: The Hindu
GS II: Constitution of India and Indian polity (Structure, organisation and functioning of the Executive and the Judiciary Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity)


Overview

Supreme Court limits ED’s power to arrest PMLA accused
Photo by Bermix Studio on Unsplash
  1. News in Brief
  2. Highlights of the judgement
  3. Prevention of Money Laundering Act

Why in the News?

Supreme Court ruled that the Enforcement Directorate (ED) loses the authority to arrest an accused once a special court takes cognisance of a charge sheet filed under the Prevention of Money Laundering Act (PMLA).

News in Brief

  • Judgment that limits ED’s power to execute arrests and emphasises the inviolability of personal liberty.
  • Once cognisance is taken of the offence punishable under Section 4 of the PMLA, the special court is seized of the matter.

Highlights of the judgement

  • After the cognisance is taken, ED and other authorities named in Section 19 cannot exercise the power of arrest of the accused shown in the complaint.
  • SC held that a person summoned by a designated special court under the PMLA, is presumed to be not in custody.
  • ED would have to separately apply for the custody of a person once he appears in court.
  • ED would have to show specific grounds that necessitated custodial interrogation.
  • Relief to the Accused
    • An accused, who appears in a special court pursuant to its summons, could be exempted from personal appearance in the future.
    • If an accused does not appear after a summons is served, the special court could issue a bailable warrant followed by a non-­bailable one.

Section 45 of PMLA Act Twin Condition
Bail can be considered for a money laundering accused if two conditions are met: There should be prima facie satisfaction that the accused didn’t commit the offence and that they are unlikely to commit any offence while on bail.

Prevention of Money Laundering Act

The Prevention of Money-Laundering Act, 2002 (PMLA) is an Indian legislation enacted to combat the criminal offence of money laundering. Here are some key points about the act:

  • Objective: The PMLA aims to prevent money laundering and provide for the confiscation of property derived from or involved in money laundering activities.
  • Offence of Money Laundering: The act defines the offence of money-laundering and prescribes punishments for those involved in such activities.
  • Attachment, Adjudication, and Confiscation:
    • The act allows for the attachment of property involved in money laundering.
    • Adjudicating Authorities are established to determine cases related to money laundering.
    • Properties confiscated under this chapter are vested in the Central Government.
    • The management of confiscated properties is also addressed.
  • Obligations of Reporting Entities:
    • Banking companies, financial institutions, and intermediaries are required to maintain records.
    • Enhanced due diligence measures are prescribed.
    • The act empowers the Director to impose fines.
  • Summons, Searches, and Seizures:
    • The act provides for powers related to survey, search, seizure, and arrest.
    • It also addresses the retention of property and records.
  • Appellate Tribunal and Special Courts:
    • The Appellate Tribunal hears appeals related to the act.
    • Special Courts are designated to try offences under the act.
  • Reciprocal Arrangements and Procedure for Attachment and Confiscation:
    • The act allows for agreements with foreign countries.
    • It outlines procedures for attachment and confiscation of property.

Digital Arrest

Source: Times of India
GS III: Challenges to internal security through communication networks, role of media and social networking sites in internal security challenges, basics of cyber security


Overview

Digital Arrest
Image by Riki32 from Pixabay
  1. News in Brief
  2. What is Digitial Arrest?
  3. About Indian Cybercrime Coordination Centre (I4C)

Why in the News?

With the cases of extortion and ‘digital arrest’ frauds on the rise, the Indian Cyber Crime Coordination Centre (I4C) working under the Union Ministry of Home Affairs issued an advisory asking the citizens to be alert about such frauds.

News in Brief

  • The police across the country, including Telangana, have been receiving complaints from victims of such frauds.
  • The law enforcement agencies suspect this to be an organised online economic crime.
  • It is learnt to be operated by cross-border crime syndicates.
What is Digitial Arrest?

digital arrest is a deceptive tactic employed by cybercriminals to exploit people under the guise of law enforcement or investigative agencies.

How it works?

  • Scam Scenario
    • Online fraudsters typically call potential victims and claim that they have sent or are the intended recipients of a parcel containing illegal goods, drugs, fake passports, or other contraband items.
    • In some cases, the criminals contact relatives or friends of the target and inform them that the target has been involved in a crime or accident and is in their custody.
    • To convey authenticity, these criminals often use pictures or identities of police personnel.
    • They demand money from the target for a “compromise” and closure of the case.
  • Digital Arrest Process
    • In certain cases, victims are “digitally arrested.”
    • They are forced to stay visible over platforms like Skype or other video conferencing tools until their demands are met.
    • Cybercriminals may create studio setups resembling police stations or government offices and wear uniforms similar to those of law enforcement agencies.
    • Victims across the country have reported losing large sums of money to these criminals.
  • Government Action
    • The Indian government, in collaboration with Microsoft, has blocked over 1,000 Skype IDs used for online intimidation, blackmail, and extortion.
    • The Ministry of Home Affairs coordinates the response to cybercrime through the Indian Cyber Crime Coordination Centre (I4C) and has taken steps to curb these fraudulent activities.
    • Also working to block SIM cards, mobile devices and “mule” accounts used by the cybercriminals.
    • Home Ministry is working with other ministries and their agencies, RBI, and other organisations to combat these criminal activities.
    • I4C has also posted infographics and videos on its social media platform Cyberdost, and on its handles on X (Twitter), Facebook, Instagram, etc., to increase awareness.
Indian Cybercrime Coordination Centre (I4C)

The Indian Cybercrime Coordination Centre (I4C) is a government initiative established by the Ministry of Home Affairs (MHA) in New Delhi to address cybercrime in India in a coordinated and effective manner. It serves as a framework and ecosystem for Law Enforcement Agencies (LEAs) to deal with cybercrime comprehensively.

Key points about I4C

  • Purpose and Role
    • I4C acts as the nodal point to curb cybercrime in the country.
    • It focuses on improving coordination between various LEAs and stakeholders to tackle cybercrime issues for citizens.
    • The centre provides a comprehensive approach to dealing with cyber threats.
  • Components
    • National Cybercrime Threat Analytics Unit (TAU): This unit analyzes cyber threats and trends to enhance prevention and response efforts.
    • National Cybercrime Reporting Portal: Citizens can report cyber crimes through this portal, which facilitates efficient handling of complaints
    • Platform for Joint Cybercrime Investigation Team: Enables collaboration among different agencies for effective investigations.
  • Recent Initiatives
    • National Conference on Cyber Safety & National Security: Held in June 2022, this conference aimed to enhance awareness and cooperation in combating cybercrime.
    • Launch of Cyber Pravaha Newsletter: The first edition of the I4C newsletter, “Cyber Pravaha,” shares precise information related to cybercrime with law enforcement agencies and other stakeholders.
    • Workshops with State/UT LEAs: Joint Cybercrime Coordination Teams (JCCTs) share experiences and challenges to prevent cybercrime
  • Safe Practices to Prevent Cybercrime
    • Avoid pop-ups, unknown emails, and suspicious links.
    • Use strong password protection and two-factor authentication.
    • Regularly install updates and back up your files.
    • In case of cyber fraud, call the Cybercrime helpline.

Longest Internet Shutdowns India

Source: Scroll
GS III: Internal Security


Overview

Longest Internet Shutdowns India
Image by storyset on Freepik
  1. News in Brief
  2. What is the impact of Internet Shutdowns in India?
  3. How Internet Shutdowns India Legally Justified?
  4. Anuradha Bhasin vs. Union of India case
  5. Way Forward

Why in the News?

India recorded the highest number of internet shutdowns for a sixth straight year in 2023.

News in Brief

  • A report released by a Virtual Private Network tracker ‘Top 10VPN’ highlighted that internet.
  • A total of 116 internet shutdowns were ordered by the Indian government in the previous calendar year.
  • 283 state-sanctioned shutdowns globally.
  • 65 of the 116 internet shutdowns in 2023 were in response to communal violence.
What is the impact of Internet Shutdowns in India?

  • Internet shutdowns in India, which involve the suspension of internet services in certain regions or across the country.
  • They have become a significant tool employed by authorities.
  • However, these shutdowns come with far-reaching consequences across various sectors.

Outline

  • India, being one of the world’s largest digital economies, has experienced numerous internet shutdowns over the past decade.
  • The rationale behind these shutdowns typically involves maintaining public order, preventing misinformation, or ensuring national security.
  • However, the implications of such measures are profound, impacting economic activities, education, healthcare, and civil liberties.

Economic Impact

  • Internet shutdowns in India have substantial economic repercussions.
  • According to a report by the Indian Council for Research on International Economic Relations (ICRIER), India lost approximately $2.8 billion due to internet shutdowns between 2012 and 2017.
  • The e-commerce sector, heavily reliant on internet connectivity, suffers significant losses during shutdowns.
  • For example, during the 2019 internet shutdown in Jammu and Kashmir, the region experienced an economic loss of over $2.4 billion.
  • Freelancers, small businesses, and the tourism industry were especially hard-hit.
  • A single-day shutdown can push up to 379 people into unemployment in India, according to estimates from the Internet Society’s NetLoss Calculator1.

Educational Disruption

  • The education sector is severely affected by internet shutdowns, especially during the COVID-19 pandemic, when online learning became the norm.
  • In 2019, the shutdown in Jammu and Kashmir led to prolonged educational disruptions, affecting students’ access to online classes, study materials, and examinations.
  • This digital divide exacerbates educational inequalities, particularly in remote areas where internet access is already limited.

Healthcare Implications

  • Access to healthcare services is also hampered during internet shutdowns.
  • Telemedicine services, which became crucial during the pandemic, are disrupted, affecting patients in need of medical consultations and remote diagnoses. In Jammu and Kashmir, the internet shutdown hindered healthcare providers’ ability to coordinate and deliver timely care, impacting overall public health outcomes.

Impact on Civil Liberties

  • Internet shutdowns raise significant concerns regarding civil liberties and human rights.
  • Freedom of expression and the right to information are compromised during such periods.
  • The shutdowns also impede journalists’ ability to report news, limiting the public’s access to vital information. 
How Internet Shutdowns India Legally Justified?

Public Order and Security

  • The primary justification for internet shutdowns is to maintain public order and security.
  • Authorities argue that shutting down internet services prevents the spread of misinformation, incitement to violence, and disruption of law and order during sensitive situations (such as protests, communal tensions, or civil unrest).
  • Section 144 of the Code of Criminal Procedure (CrPC) empowers local magistrates to impose restrictions on gatherings and communication to prevent potential violence or disorder.
  • Internet shutdowns are often implemented under this provision.

Telecom Suspension Rules (2017)

  • The Indian government issued the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. These rules provide a legal framework for internet shutdowns.
  • According to these rules, authorities can order the suspension of telecom services (including internet) in the interest of public safety or during emergencies. The decision is usually made by the district magistrate or higher-ranking officials.

Precedents and Court Orders

  • Courts have upheld the government’s right to impose restrictions on communication networks under certain circumstances.
  • In the Anuradha Bhasin vs. Union of India case (2020), the Supreme Court ruled that internet shutdowns must adhere to the principles of necessity and proportionality.
    • Shutdowns should be the last resort and must be time-bound and narrowly tailored.
Anuradha Bhasin vs. Union of India case

Background:

  • The case was heard by the Supreme Court of India.
  • The petitioners were Anuradha Bhasin, the Executive Editor of Kashmir Times, and Ghulam Nabi Azad, a senior politician.

Key Points from the Judgment:

  • On January 10, 2020, the Supreme Court declared access to the internet a fundamental right under the Indian Constitution.
  • The court emphasized that government-imposed restrictions on internet access must be:
    • Temporary: Shutdowns should not be indefinite.
    • Limited: They should be narrowly tailored to address specific concerns.
    • Lawful: Shutdowns must adhere to existing legal provisions.
    • Necessary: They should be the last resort.
    • Proportionate: The impact on citizens’ rights should be balanced against security concerns.
Way Forward

  • Policy Review: The government should review existing policies regarding internet shutdowns and develop guidelines that balance security concerns with the need to protect economic activities and civil liberties.
  • Transparency: Authorities should ensure transparency and accountability in the decision-making process for internet shutdowns. This includes clear communication of the reasons and expected duration of shutdowns.
  • Technological Solutions: Investing in technologies that can help manage misinformation and public order without resorting to complete shutdowns can be a more effective and less disruptive approach.
  • Judicial Oversight: Greater judicial oversight can help ensure that internet shutdowns are used only when absolutely necessary and in a manner that minimizes harm to the public.

Right to Property in India

Source: Hindustan Times
GS II: Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources


Overview

Right to Property in India
Photo by Towfiqu barbhuiya on Unsplash
  1. News in Brief
  2. Highlights of the Verdict
  3. Right to Property
  4. Way Forward

Why in the News?

Supreme Court underscored the constitutional safeguards required before the State can acquire private property


  • Highlighting the necessity of adhering to fair procedures and upholding the rights of property owners under the Indian Constitution.
  • The authority of law is not just the power of eminent domain.
  • It includes procedural safeguards to ensure fairness and transparency, underscored the bench, clarifying without a proper procedure, even with compensation, compulsory acquisition would be unconstitutional.

Highlights of the Verdict

  • The court stated that following proper procedures is crucial under Article 300A when the government takes private property for public use and compensates the owner.
  • Deprivation of any person’s immovable property must follow a fair procedure of law, a principle enshrined in Article 300A

Article 300A Constitution of India: No person shall be deprived of his property save by authority of law.
Constitution 44th Amendment Act, 1978 made a separate Article 300A in Chapter IV of Part XII. Article 31 dealt with the property right was repealed and replaced by Article 300A.

  • The court outlined seven fundamental procedural rights that must be observed before any valid acquisition of property.
  • Law does not end with the mere presence of a legislation which empowers the State to deprive a person of his property
    • Instead nature, characteristics, provisions and procedures provided in such legislation must necessarily be considered.
Right to Property in India

Seven Fundamental Procedural Rights

  1. Duty of State to inform the owners that it intends to acquire his property – right to notice;
  2. Duty of State to hear objections – right to be heard;
  3. Duty of State to inform its decision on acquisition – right to a reasoned decision;
  4. Duty of State to demonstrate that acquisition is for a public cause – acquisition only for a public purpose;
  5. Duty of State to restitute and rehabilitate – right to fair compensation;
  6. Duty of State to conduct the process of acquisition efficiently and within prescribed timelines – right to an efficient conduct; and
  7. Conclusion of the proceedings – the right of conclusion.

Fundamental Right

  • Initially, the right to property was considered a fundamental right under Article 19(1)(f) and Article 31 of the Indian Constitution.
  • Article 19(1)(f) guaranteed Indian citizens the right to acquire, hold, and dispose of their properties, while Article 31 protected against property deprivation.
  • This changed with the 44th Amendment to the Constitution in 1978.
    • The amendment removed the right to property as a fundamental right and introduced Article 300A.
    • This new article recognized property as a constitutional right but not a fundamental right.

Land Acquisition Act, 2013

  • The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013, governs land acquisition in India.
  • It aims to ensure fair compensation, transparency, and adequate rehabilitation of affected persons.
Way Forward

  • Strengthening Legal Frameworks: Continuous review and strengthening of land acquisition laws can ensure better protection of property rights.
  • Enhanced Transparency: Increasing transparency in property acquisition processes can build public trust and reduce disputes.
  • Fair Compensation Mechanisms: Developing robust mechanisms to assess and provide fair compensation can ensure justice for property owners.

Recipe for a Livable Planet Report

Source: World Bank
GS III: Conservation, environmental pollution and degradation, environmental impact assessment


OverviewRecipe for a Livable Planet Report

  1. News in Brief
  2. Key Facts in Recipe for a Livable Planet Report
  3. India in Recipe for a Livable Planet Report

Why in the News?

World Bank recently released a liveable planet report. 

News in Brief

  • Outlines a strategic framework to address the agrifood system’s significant contribution to climate change.
  • It highlights the urgent need to shift attention to this sector to achieve net zero emissions.
  • The report highlights that accelerating research and development, along with policy incentives, is essential to realizing this potential and advancing sustainability goals.
  • The report: Recipe for a Livable Planet: Achieving Net Zero Emissions in the Agrifood System.
Key Facts in Recipe for a Livable Planet Report

  • Recipe for a Livable Planet is the first comprehensive global roadmap for mitigating the agrifood system’s contributions to climate change.
  • Aim: The report demonstrates how the agricultural system responsible for producing the world’s food can reduce greenhouse gas emissions while still providing sustenance globally.

Greenhouse Gas Emissions

  • Agrifood is a big contributor to climate change.
  • It contributes a third of global greenhouse gas emissions.
  • Thus averaging around 16 gigatons annually.
  • As compared to all the world’s heat and electricity emissions it is one-sixth.
  • It has an impact on climate change by drawing carbon from the atmosphere through ecosystems and soils.

Cost of cutting agrifood emissions

  • Annual investments will need to increase by 18 times to $260 billion a year to halve current agrifood emissions by 2030.
  • This estimate will put the world on track for net-zero emissions by 2050.
  • Previous estimates show that the benefits in health, economic, and environmental terms could be as much as $4.3 trillion in 2030, a 16 to 1 return on investment costs.

How can different countries contribute?

  • High-income countries
    • Adopting renewable resources of energy, especially for the agri-food sector.
    • Shifting to sustainable diet practices.
    • Supporting the low-income countries in contributing to achieving net zero emission in the agri-food sector.
  • Middle-income countries
    • Seize three-quarters of current cost-effective opportunities to lower emissions.
    • These nations can achieve this by reducing emissions from livestock and rice, investing in soil health, and minimizing food loss and waste.
  • Low-income countries
    • Since it needs support from High-income countries and world organisations they should focus on green growth.
    • Preserving and restoring forests can be a cost-effective way.
    • Converting forests to croplands or pastures made Low-income countries over half of agrifood emissions.

Big Opportunity highlighted

  • This reduced emission will help to make the food supply more secure.
  • Helps our food system better withstand climate change.
  • Also, ensure vulnerable people are not harmed by this transition.
  • Making these investments would lead to more than $4 trillion in benefits, from improvements in human health, food and nutrition security, better quality jobs and profits for farmers, to more carbon retained in forests and soils.
Recipe for a Livable Planet Report 3
Recipe for a Livable Planet Report: Seven of the Top 10 Agrifood System Emitters Are Middle-Income Countries
India in Recipe for a Livable Planet Report

  • In the top 3 countries
    • India is among the top 3 countries in GHG emission in agrifood systems.

      Recipe for a Livable Planet Report 2
      Recipe for a Livable Planet Report: WHO
    • It is along with China and Brazil
  • What is the reason for India’s largest GHG for agrifood?
    • India’s large population makes it one of the world’s largest agrifood greenhouse gas
      (GHG) emitters.
    • Since its vegetarian diets mitigate this.
    • India has roughly four times the population of the United States but emits only 30 per cent more GHG.
    • Each emits much less than the global average per person.
    • India has a larger share of vegetarians than any other country worldwide.
  • Where does emission come from?
    •  Sixty per cent of India’s agrifood system emissions come from the farm gate.
    • India’s livestock sector is highly inefficient, with its emission intensity per unit of both milk and meat among the highest worldwide.
    • Rice production is among the lowest in the world, generating less than 1 kilogram of carbon dioxide equivalent per kilogram.

How can India mitigate emissions?

  • Methane Emission
    • India should reduce methane emissions.
    • Intermittent irrigation and promoting varieties that emit less methane provide mitigation opportunities.
  • Reduce Food Waste
    • As per Food Waste Index Report 2021, Indian households generate 50 kg of food waste per capita per year.
    • India has high rates of food loss and waste.
    • Reducing food loss and waste will reduce GHG emissions.
  • International Finance and support
    • Support from Governments, businesses, civil society groups, and international Organizations all have roles to play in scaling climate action.
    • Technical support to realise its agrifood mitigation potential.
      • Facilitate global action
      • Provide scientific knowledge
      • Assist governments in climate action
      • Shape policies and recommendations

Recipe for a Livable Planet Report 4


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