The Unlawful Activities (Prevention) Act (UAPA) is an Indian law that was enacted in 1967 to effectively prevent unlawful activities that pose a threat to the sovereignty and integrity of India.

Key highlights of the UAPA

• Objective: The primary objective of the UAPA is to provide law enforcement agencies with effective tools to combat terrorism and other activities that threaten the security of the nation.
• Definition of Unlawful Activities: The act defines unlawful activities to include actions that intend to or support the cession of a part of the territory of India or disrupt the sovereignty and integrity of the country.
• Powers of Designation: The government has the authority to designate an organization as a terrorist organization if it believes that such an organization is involved in terrorism. This designation has significant legal consequences, including the freezing of assets.
• Powers of Arrest and Detention: The UAPA provides law enforcement agencies with powers of arrest and detention to prevent individuals from engaging in unlawful activities. The act allows for preventive detention to curb potential threats before they materialise.
• Banning of Terrorist Organizations: The government can proscribe organizations as terrorist organizations, making their activities illegal. This includes banning these organisations, freezing their assets, and taking other measures to curb their operations.
• Admissibility of Confessions: The UAPA allows for confessions made to police officers to be admissible in court, subject to certain safeguards. This provision has been a point of contention, with concerns about potential misuse and coercion.
• Designation of Individuals as Terrorists: In addition to organizations, the UAPA allows the government to designate individuals as terrorists. This designation carries legal consequences, including restrictions on travel and freezing of assets.
• Amendments and Stringency: Over the years, the UAPA has undergone several amendments to strengthen its provisions and make it more effective in dealing with emerging threats. However, these amendments have also been criticized for potential violations of civil liberties.
• International Cooperation: The UAPA allows for cooperation with foreign countries in matters related to the prevention of unlawful activities. This includes extradition of individuals involved in such activities.

3. Unlawful Activities (Prevention) Act (UAPA) and Human Rights

The Unlawful Activities (Prevention) Act (UAPA) and human rights lie in the impact the act can have on various fundamental rights guaranteed by the Constitution of India and international human rights standards.

The key points connecting the UAPA and human rights:

• The UAPA allows for preventive detention, which means individuals can be detained without formal charges based on suspicions of involvement in unlawful activities. This raises concerns about the right to liberty, as individuals may be deprived of their freedom without the presumption of innocence until proven guilty.
• The admissibility of confessions made to police officers under the UAPA raises issues related to the right against self-incrimination. There is a risk that such confessions might be obtained under duress or coercion, compromising the fairness of legal proceedings.
• Designating individuals as terrorists and proscribing organizations without due process may impinge on the right to a fair trial. This includes the right to be informed of charges, the right to legal representation, and the right to present a defense.
• The UAPA provides authorities with the power to proscribe organizations as terrorist organizations, limiting their activities. Critics argue that this may infringe upon the right to freedom of association, particularly when such designations are made without sufficient evidence or proper legal procedures.
• The potential for misuse of the UAPA to target individuals or organizations critical of the government raises concerns about freedom of expression. If the act is used to suppress dissent or stifle legitimate political or social activities, it can undermine this fundamental right.
• The UAPA grants authorities the power to intercept communications and conduct surveillance on individuals suspected of engaging in unlawful activities. This raises concerns about the right to privacy, as individuals may be subjected to intrusive surveillance without adequate safeguards.
• Human rights standards require that any restrictions on rights, such as those imposed by the UAPA, must be proportionate and necessary for achieving a legitimate aim. Critics argue that the broad scope of the UAPA may lead to disproportionate measures that unduly restrict individual rights.
• The UAPA's compatibility with international human rights standards, including the International Covenant on Civil and Political Rights (ICCPR), is a critical point of consideration. Ensuring that the act aligns with these standards is essential to upholding human rights principles.

4. Unlawful Activities (Prevention) Act (UAPA) and Article 22 of the Constitution

The Unlawful Activities (Prevention) Act (UAPA) and Article 22 of the Indian Constitution lie in how the UAPA's provisions for arrest and detention intersect with the constitutional safeguards provided under Article 22. 

• Article 22 provides certain protections to individuals who are arrested or detained. It outlines the rights of arrested individuals, emphasizing safeguards to prevent arbitrary or unlawful detention.
• Article 22(1) states that every person who is arrested and detained shall be informed, as soon as may be, of the grounds for such arrest. This provision ensures that individuals are aware of the reasons behind their arrest, preventing arbitrary or secret detentions.
• Article 22(1) also guarantees the right of an arrested person to consult and be defended by a legal practitioner of their choice. This ensures that individuals have access to legal assistance during the legal process, contributing to a fair and just legal system.
• The UAPA includes provisions for preventive detention, allowing authorities to detain individuals to prevent them from committing certain offences. However, Article 22(4) allows preventive detention only under specific circumstances, and certain safeguards must be followed, such as providing the detenu with the grounds for detention and an opportunity to make a representation against the detention.
• Article 22(4) further mandates that a person detained under a law providing for preventive detention must be afforded the earliest opportunity to make a representation against the detention. Additionally, the case of every person detained is required to be placed before an advisory board within three months.
• The UAPA allows for confessions made to police officers to be admissible in court, subject to certain safeguards. However, this provision has been a point of concern concerning Article 22, as confessions obtained under duress or coercion may violate the right against self-incrimination.
• Article 22(2) ensures the right to be brought before the nearest magistrate within 24 hours of arrest, excluding the time necessary for the journey. This provision aims to prevent prolonged detention without judicial oversight and contributes to the right to a speedy trial.

Source: The Indian Express

COMPETITION COMMISSION OF INDIA

• The Competition Commission of India (CCI) is a regulatory authority established in India to promote and protect fair competition in the marketplace.
• It was established under the Competition Act, 2002, and became fully functional in 2009.
• The primary objective of the CCI is to prevent anti-competitive practices, ensure a level playing field for businesses, and promote consumer welfare
• The Competition Commission of India (within the Ministry of Corporate Affairs) has been established to enforce the competition law under the Competition Act, 2002.
• It should be noted that on the recommendations of Raghavan committee, the Monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act) was repealed and replaced by the Competition Act, 2002
• The Commission consists of a Chairperson and not more than 6 Members appointed by the Central Government
• It is the statutory duty of the Commission to eliminate practices having an adverse effect on competition, promote and sustain competition, protect the interests of consumers and ensure freedom of trade carried on by other participants, in markets in India as provided in the Preamble as well as Section 18 of the Act.
• The Commission is also mandated to give its opinion on competition issues to government or statutory authority and to undertake competition advocacy for creating awareness of competition law.
• Advocacy is at the core of effective competition regulation. Competition Commission of India (CCI), which has been entrusted with implementation of law, has always believed in complementing robust enforcement with facilitative advocacy. It is a quasi-judicial body.

• The Competition Act, 2002, as amended by the Competition (Amendment) Act, 2007, follows the philosophy of modern competition laws.
• The Act prohibits anti-competitive agreements, and abuse of dominant position by enterprises and regulates combinations (acquisition, acquiring of control and M&A), which causes or likely to cause an appreciable adverse effect on competition within India
• In accordance with the provisions of the Amendment Act, the Competition Commission of India and the Competition Appellate Tribunal have been established
• The government of India replaced Competition Appellate Tribunal (COMPAT) with the National Company Law Appellate Tribunal (NCLAT) in 2017
• The provisions of the Competition Act relating to anti-competitive agreements and abuse of dominant position were notified on May 20, 2009

The International Competition Network, which is a global body dedicated to enforcing competition law, has a simpler definition. The three common components of a cartel are:

• an agreement;
• between competitors;
• to restrict competition.

6. Way forward

CCI needs to revisit its definition of ‘relevant market’. In the age of digital world, defining relevant market has been a tough task for regulators world-wide. Technological developments like Web 3.0, AI, IoT, Blockchain and issues like data protection and privacy, search bias, platform neutrality, confidentiality, etc, have created a need for a robust competition law. Such a law should meet the demands of the technological era we live in.

 

 

For Prelims: Statutory board, Constitutional body For Mains: 1.Discuss the role and functions of the Competition Commission of India (CCI) in promoting and ensuring fair competition in the Indian market 2.Examine the challenges and limitations faced by the Competition Commission of India (CCI) in effectively regulating and promoting competition in the digital economy

 

Previous year Questions  1. Competition Commission of India is which kind of body? (RSMSSB Sanganak 2018) A. Statutory body B. Constitutional. C. Single Member D. Private Answer (A)

 

Source: indianexpress

 

CYCLONES

 

 

1. Context

A deep depression over the Bay of Bengal intensified into a cyclonic storm, named Remal, on Saturday evening and is likely to turn severe before making landfall between the coasts of West Bengal and Bangladesh

2. What is a Cyclone

• A cyclone is a low-pressure system that forms over warm waters. Essentially, it is a system of high-speed winds rotating around a low-pressure area, with the winds blowing counterclockwise in the Northern Hemisphere and clockwise in the Southern Hemisphere.
• According to the World Meteorological Organization, “Tropical cyclones are one of the biggest threats to life and property even in the formative stages of their development.
• Cyclonic winds move across nearly all regions of the Earth except the equatorial belt and are generally associated with rain or snow
• They include several different hazards that can individually cause significant impacts on life and property, such as storm surge, flooding, extreme winds, tornadoes and lighting.
• Combined, these hazards interact with one another and substantially increase the potential for loss of life and material damage.”
• Cyclones occur chiefly in the middle and high latitude belts of both hemispheres. In the Southern Hemisphere, where most of the terrestrial surface is covered by the oceans, cyclones are distributed in a relatively uniform manner through various longitudes
• Characteristically, they form in latitudes 30° to 40° S and move in a generally southeasterly direction, reaching maturity in latitudes around 60°. 
• Cyclones that form closer to the Equator (i.e., at latitudes 10° to 25° north and south over the oceans) differ somewhat in character from the extratropical variety. Such wind systems, known as tropical cyclones, are much smaller in diameter. 
• Whereas extratropical cyclones range from nearly 1,000 to 4,000 km (620 to 2,500 miles) across, tropical cyclones typically measure only about 100 to over 1,000 km in diameter.

 

 

PC: Brittanica

 

3. Types of cyclones

3.1.Tropical Cyclones

Cyclones developed in the tropics region (the majority confined to 10⁰– 30⁰ N and S of the equator) are called tropical cyclones.

• tropical cyclones have a thermal origin, and they develop over tropical seas during certain seasons. Pre-existing low pressure, large sea surface with a temperature higher than 27° C, and the presence of the Coriolis force are a must for tropical cyclone formation.
  
  
• At these locations, the local convectional currents acquire a whirling motion because of the Coriolis force generated by the earth’s rotation. After developing, these cyclones advance till they find a weak spot in the trade wind belt.
  
  
• Tropical cyclones always originate in large water bodies.

3.2.Temperate Cyclone

Temperate cyclones (Mid-Latitude cyclones), also known as Extratropical cyclones, are active over the mid-latitudinal regions between 35° latitude and 65° latitude in both hemispheres.

• They have a dynamic origin and cyclone formation is due to frontogenesis (interaction of cold and warm fronts). When the warm-humid air masses from the tropics meet the dry-cold air masses from the poles and thus a polar front is formed as a surface of discontinuity. The cold air pushes the warm air upwards from underneath. Thus, a void is created because of the lessening of pressure. The surrounding air rushed in to occupy this void and coupled with the earth’s rotation, a temperate cyclone is formed. 
• Temperate cyclones can originate on both landmass or water.

4. How are cyclones named?

Cyclones that form in every ocean basin across the world are named by the regional specialised meteorological centres (RSMCs) and Tropical Cyclone Warning Centres (TCWCs). There are six RSMCs in the world, including the India Meteorological Department (IMD), and five TCWCs.

As an RSMC, the IMD names the cyclones developing over the north Indian Ocean, including the Bay of Bengal and the Arabian Sea, after following a standard procedure. The IMD is also mandated to issue advisories to 12 other countries in the region on the development of cyclones and storms.

 

 

For Prelims:  Indian and World Geography-Physical, Social, Economic Geography of India and the World For Mains: General Studies I: Important Geophysical phenomena such as earthquakes, Tsunami, Volcanic activity, cyclone etc., geographical features and their location-changes in critical geographical features and in flora and fauna and the effects of such changes

 

Previous Year Questions   1.Consider the following statements: (UPSC CSE 2020) 1. Jet streams occur in the Northern Hemisphere only. 2. Only some cyclones develop an eye. 3. The temperature inside the eye of a cyclone is nearly 10°C lesser than that of the surroundings. Which of the statements given above is/are correct? A. 1 Only B. 2 and 3 Only C. 2 Only D. 1 and 3 Only Answer (C) 2.In the South Atlantic and South-Eastern Pacific regions in tropical latitudes, cyclones do not originate. What is the reason? (UPSC Prelims GS1, 2015) (a) Sea surface temperatures are low (b) Inter-tropical Convergence Zone seldom occurs (c) Coriolis force is too weak (d) Absence of land in those regions Answer (a)   1.Tropical cyclones are largely confined to South China Sea, Bay of Bengal and Gulf of Mexico. Why? (GS-1, 2014) 2.The recent cyclone on the east coast of India was called “Phailin”. How are the tropical cyclones named across the world? (GS-1, 2013)

Source: indianexpress

 

HEATWAVE

 

1. Context

The IMD  issued its first heatwave warning for Assam in recent years. The northeastern region is experiencing extreme heat conditions and witnessing the country’s most severe departure from normal temperatures.

2. What is a Heat Wave?

• A heatwave is a period of abnormally high temperatures, a common phenomenon in India during the months of May-June and in some rare cases even extends till July.
• Indian Meteorological Department (IMD) classifies heat waves according to regions and temperature ranges. As per IMD, the number of heatwave days in India has increased from 413 over 1981-1990 to 600 over 2011-2020.
• This sharp rise in the number of heatwave days has resulted due to the increasing impact of climate change.
• The last three years have been La Niña years, which has served as a precursor to 2023 likely being an El Niño year. (The El Niño is a complementary phenomenon in which warmer water spreads west­east across the equatorial Pacific Ocean.)
• As we eagerly await the likely birth of an El Niño this year, we have already had a heat wave occur over northwest India.
• Heat waves tend to be confined to north and northwest India in El Niño years.

 

Image Source:News18

3. How do Heat waves Occur?

• Heat waves are formed for one of two reasons warmer air is flowing in from elsewhere or it is being produced locally.
• It is a local phenomenon when the air is warmed by higher land surface temperature or because the air sinking down from above is compressed along the way, producing hot air near the surface.
• First of all, in spring, India typically has air flowing in from the west­northwest. This direction of air­flow is bad news for India for several reasons.
• Likewise, air flowing in from the northwest rolls in over the mountains of Afghanistan and Pakistan, so some of the compression also happens on the leeward side of these mountains, entering India with a bristling warmth.
• While air flowing over the oceans is expected to bring cooler air, the Arabian Sea is warming faster than most other ocean regions.
• Next, the strong upper atmospheric westerly winds, from the Atlantic Ocean to India during spring, control the near-surface winds.
• Any time winds flow from the west to the east, we need to remember that the winds are blowing faster than the planet which also rotates from west to east.
• The energy to run past the earth near the surface, against surface friction, can only come from above. This descending air compresses and warms up to generate some heat waves.

4. Impacts of heat waves in India

• The frequent occurrence of heat waves also adversely affects different sectors of the economy.
• For instance, the livelihood of poor and marginal farmers is negatively impacted due to the loss of working days.
• Heatwaves also have an adverse impact on daily wage workers' productivity, impacting the economy.
• Crop yields suffer when temperatures exceed the ideal range.
• Farmers in Haryana, Punjab, and Uttar Pradesh have reported losses in their wheat crop in the past rabi season. Across India, wheat production could be down 6-7% due to heat waves.
• Mortality due to heat waves occurs because of rising temperatures, lack of public awareness programs, and inadequate long-term mitigation measures.
• According to a 2019 report by the Tata Center for Development and the University of Chicago, by 2100 annually, more than 1.5 million people will be likely to die due to extreme heat caused by climate change.
• The increased heat wave will lead to an increase in diseases like diabetes, circulatory and respiratory conditions, as well as mental health challenges.
• The concurrence of heat and drought events is causing crop production losses and tree mortality. The risks to health and food production will be made more severe by the sudden food production losses exacerbated by heat-induced labor productivity losses.
  These interacting impacts will increase food prices, reduce household incomes, and lead to malnutrition and climate-related deaths, especially in tropical regions.

5. How does air mass contribute to heat waves?

• The other factors that affect the formation of heat waves are the age of the air mass and how far it has traveled.
• The north northwestern heatwaves are typically formed with air masses that come from 800-1600 km away and are around two days old.
• Heat waves over peninsular India on the other hand, arrive from the oceans, which are closer (around 200-400km) and are barely a day old. As a result, they are on average less intense.

6. Way ahead for Heat waves

• Identifying heat hot spots through appropriate tracking of meteorological data and promoting timely development and implementation of local Heat Action Plans with strategic inter-agency coordination, and a response that targets the most vulnerable groups.
• Review existing occupational health standards, labor laws, and sectoral regulations for worker safety in relation to climatic conditions.
• Policy intervention and coordination across three sectors health, water, and power are necessary.
• Promotion of traditional adaptation practices, such as staying indoors and wearing comfortable clothes.
• Popularisation of simple design features such as shaded windows, underground water storage tanks, and insulating house materials.
• Advance implementation of local Heat Action Plans, plus effective inter-agency coordination is a vital response that the government can deploy in order to protect vulnerable groups.

For Prelims & Mains

For Prelims: Heat Wave, India Meteorological Department (IMD), El Nino, Equatorial Pacific Ocean, La Nina, Malnutrition, Heat Action Plans. For Mains: 1. Examine the various adverse impacts caused by heat waves and how India should deal with them.

 

Previous Year Questions   1.What are the possible limitations of India in mitigating global warming at present and in the immediate future? (UPSC CSE 2010) 1. Appropriate alternate technologies are not sufficiently available. 2. India cannot invest huge funds in research and development. 3. Many developed countries have already set up their polluting industries in India. Which of the statements given above is/are correct? (a) 1 and 2 only (b) 2 only (c) 1 and 3 only (d) 1, 2 and 3 Answer (a) India faces challenges in addressing Global Warming: Developing and underdeveloped nations lack access to advanced technologies, resulting in a scarcity of viable alternatives for combating climate change. Being a developing nation, India relies partially or entirely on developed countries for technology. Moreover, a significant portion of the annual budget in these nations is allocated to development and poverty alleviation programs, leaving limited funds for research and development of alternative technologies compared to developed nations. Analyzing the statements provided: Statements 1 and 2 hold true based on the aforementioned factors. However, Statement 3 is inaccurate as the establishment of polluting industries by developed countries within India is not feasible due to regulations governing industrial setup Mains 1.Bring out the causes for the formation of heat islands in the urban habitat of the world. (UPSC CSE Mains GS 1 2013)

 

Source: The Hindu

 

CASTE CENSUS

 

1. Context

There is an ongoing debate around the quota for SC/STs

2. Caste Census

• The socio-economic and caste census (SECC) was conducted in 2011 for the first time since 1931.
• SECC is meant to canvass every Indian Family, both in rural and urban India, and ask about their economic status to allow central and state authorities to come up with a range of indicators of deprivation, permutations, and combinations that could be used by each authority to define a poor or deprived person.
• It is also meant to ask every person their specific caste name to allow the government to re-evaluate which caste groups were economically worse off and which were better off.
• SECC has the potential to allow for a mapping of inequalities at a broader level.

3. Takeaways from Bihar Survey

According to data released by Development Commissioner Vivek Singh, Bihar’s total population now stands at a little over 13.07 crore, up from 10-odd crore in the 2011 Census. The EBCs make up 36.01% of this, and OBCs an additional 27.13%. The survey also found that Yadavs, the main vote base of the RJD, are the largest group, accounting for 14.27% of the total population.
The Dalits, or Scheduled Castes, account for 19.65%, higher than expected, while STs comprise 1.68%.

4. History of Caste Census

The caste census is the demand to include the caste-wise tabulation of India's population in the upcoming exercise.

4.1 Caste census in Colonial Era:

• The First Census conducted in 1871 included questions about caste. This data was then used to divide and conquer India.
• It first privileged Brahmins are interpreters of Indian culture and then targeted them as the root of caste-based oppression and inequality.
• This classification was also a source of anti-Brahmin movements of the 20th century.
• Every census until 1931 had data on caste.
• The practice was stopped by the British with the 1941 Census, citing financial constraints. The Indian government did not pick up the dropped parameter.

4.2 Caste data published in the Census post-independence:

• Since the first exercise in independent India in 1951, India has published separate data on Scheduled Castes (SC) and Scheduled Tribes (ST).
• The Census does not include data on other castes.
• The Government of India had decided on the policy of official discouragement of Caste.
• It was decided that in general, no race/caste/tribe inquiries should be made and such enquires should be restricted to the Scheduled Castes and Tribes notified by the President of India in pursuance of Articles 341 and 342 of the Constitution.

5. Importance of Caste Census

5.1 Promote Rational Decision Making

• A caste census, which will generate exhaustive data will allow policymakers to develop better policies, and implementation strategies, and will also enable a more rational debate on sensitive issues.

5.2 Promotes Democratic Policymaking

• Advocates of its inclusion believe that the activity will be a pro-poor exercise that will help plan better and more targeted welfare schemes in the country.
• A caste census would bring forward a large number of issues that any democratic country needs to pay attention to.
• For instance, this census will reveal information regarding caste-based marginalization, deprivation, the kind of jobs pursued by a caste, etc.
• So, the caste census is nothing but the collection of data that is necessary for any democratic policymaking.

5.3 The rationale for the Reservation Policy

• Some proponents also suggest that a Caste Census will also help reservation policymakers have a more accurate idea of the affirmative action needed.
• While this data is currently available for SC and ST populations, the OBC population is estimated widely as per the number noted by the Mandal Commission at 52%.
• The Justice Rohini Committee was appointed in 2017 to look into the sub-categorization of the OBC communities; however, in the absence of data, there can be no data bank or any proper sub-categorization.
• All commissions have had to rely on data from the last caste census (1931). There have been substantive demographic changes since then and therefore, the data has to be updated.

5.4 Constitutional Mandate

• Indian Constitution also favors conducting a caste census.
• Article 340 mandates for appointment of a commission to investigate the conditions of socially and educationally backward classes and make recommendations as to the steps that should be taken by the governments.

6. Last Cast Census and redundancy

• A separate Socio-Economic and Caste Census (SECC) was conducted by the Ministry of Rural Development in rural areas and the Ministry of Housing & Urban Poverty Alleviation in urban areas in 2011.
• It was the largest exercise of the listing of castes and has the potential of finding inequalities at a broader level.
• SECC was a tool to identify beneficiaries of state support and it is open for use by Government departments to grant and/ or restrict benefits to households.
• However, the SECC data excluded caste data and was published by the two ministries in 2016.
• The raw caste data was handed over to the Ministry of Social Justice and Empowerment.
• The ministry formed an Expert Group under the Former NITI Aayog Vice-Chairperson Arvind Pangaria for the classification and categorization of data.
• The Pubic data eventually released gave numbers of different castes in India but not the population-wise data as was the demand.
• Only the details of the economic conditions of the people in rural and urban households were released. The caste data has not been released till now.
• The Centre says that an analysis of the data showed "that the caste enumeration...was fraught with mistakes and inaccuracies" and "is not reliable".

7. Way Forward

• A Caste census without data integrity would be much worse. Instead of going behind the caste bases census, the government can subclassify the Backward classes like in Tamilnadu, Andhra Pradesh, West Bengal, etc. This will provide the benefit to intended beneficiaries.
• Since the government has already appointed Justice G Rohini's panel on the sub-categorization of OBCs. The panel has to fast-pace the sub-classification process.
• The Government can use technologies like Artificial Intelligence and machine learning to assess the SECC data and condense them into meaningful categories and some important caste-based information. This will provide the necessary time to analyze the need for a caste census.

 

For Prelims: Socio-economic and caste census (SECC), Mandal Commission, Justice G Rohini's Commission, NITI Aayog, Article 341 and Article 342. For Mains: 1. General Studies II: Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes; mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.

 

Source: The Hindu

 

EU's AI CONVENTION

 

 

1. Context

 

 

The global governance of Artificial Intelligence (AI) is increasingly complex, as countries adopt various approaches to regulate AI within their borders, including legislation and executive orders. Despite numerous experts advocating for a global treaty to address these challenges, significant obstacles hinder its realisation.

 

2. Europe's AI Convention

 

• Although numerous ethical guidelines, 'soft law' tools, and governance principles are documented globally, none are binding or likely to result in a global treaty.
• Additionally, there are no ongoing negotiations for an AI treaty at the international level.
• In this context, the Council of Europe (COE) made a significant move by adopting the Framework Convention on Artificial Intelligence and Human Rights, Democracy, and the Rule of Law, also known as the 'AI Convention'.
• The COE, an intergovernmental organisation established in 1949 with 46 member states, has created this comprehensive convention to address AI governance and its connections to human rights, democracy, and the responsible use of AI. The framework convention will be open for signature on September 5, 2024.

 

3. What is a Framework Convention?

 

• A ‘framework convention’ is a legally binding treaty that outlines broad commitments and objectives, setting mechanisms to achieve them.
• It delegates the task of establishing specific targets to subsequent agreements, known as protocols.
• For example, the Convention on Biological Diversity is a framework convention, while the Cartagena Protocol on Biosafety is a protocol under it that addresses living modified organisms.
• This approach is beneficial because it provides flexibility while encoding core principles and processes for achieving objectives.
• Parties to the convention can determine how to meet these objectives based on their capacities and priorities.
• The AI convention could catalyze negotiating similar conventions at the regional level elsewhere.
• Additionally, since the U.S. is a member of the COE, the convention could indirectly influence AI governance in the U.S., which is significant given the country's status as a hub of AI innovation.

 

4. The Scope of the AI Convention

 

Article 1 of the convention states: "The provisions of this Convention aim to ensure that activities within the lifecycle of artificial intelligence systems are fully consistent with human rights, democracy, and the rule of law."

Article 3 further elaborates: "The scope of this Convention covers the activities within the lifecycle of artificial intelligence systems that have the potential to interfere with human rights, democracy, and the rule of law as follows:

a. Each Party shall apply this Convention to the activities within the lifecycle of artificial intelligence systems undertaken by public authorities or private actors acting on their behalf.

b. Each Party shall address risks and impacts arising from activities within the lifecycle of artificial intelligence systems by private actors in a manner conforming with the object and purpose of this Convention."

 

 

5. National Security and the AI Convention

 

• The exemptions in Articles 3.2, 3.3, and 3.4 of the AI convention are broad, addressing the protection of national security interests, research, development and testing, and national defence.
• Consequently, military applications of AI are not covered by the convention. While this exclusion is concerning, it is a pragmatic decision given the current lack of consensus on regulating military AI applications.
• The exemptions in Articles 3.2 and 3.3, though broad, do not entirely exclude the convention's applicability regarding national security and testing.
• The 'General Obligations' of the convention focus on the protection of human rights (Article 4), the integrity of democratic processes, and respect for the rule of law (Article 5).
• Although disinformation and deep fakes are not specifically addressed, parties to the convention are expected to take measures against them under Article 5.
• Furthermore, Article 22 indicates that parties can exceed the specified commitments and obligations.

 

6. The Necessity of the AI Convention

 

• The AI convention does not introduce new or substantive human rights specific to AI. Instead, it emphasizes that existing human and fundamental rights, protected by international and national laws, must also be safeguarded in the application of AI systems.
• The convention primarily places obligations on governments, expecting them to implement effective remedies (Article 14) and procedural safeguards (Article 15).
• Overall, the convention adopts a comprehensive approach to mitigating risks that AI systems pose to human rights and democracy.
• Implementing the convention will undoubtedly face challenges, especially since AI regulation regimes are still developing and technology continues to advance faster than policy.

7. Way Forward

 

Global cooperation is essential. Countries must engage in international forums to harmonize AI regulations and standards, based on the AI convention. Regional frameworks should be developed. The convention can guide regions to create frameworks that address local challenges while aligning with core principles. Nationally, robust frameworks are crucial. Countries need to implement clear regulations and safeguards to protect human rights and democracy in the AI era.

 

For Prelims: Artificial Intelligence, EU's AI convention, Council of Europe For Mains:  1. The rise of AI raises concerns about job displacement and potential biases in algorithms. How can these issues affect India and discuss how they be addressed while fostering innovation in the field of AI? (250 words)

 

 

Previous Year Questions   1. With the present state of development, Artificial Intelligence can effectively do which of the following? (UPSC 2020) 1. Bring down electricity consumption in industrial units. 2. Create meaningful short stories and songs. 3. Disease diagnosis. 4. Text-to-Speech Conversion. 5. Wireless transmission of electrical energy. Select the correct answer using the code given below: A. 1, 2, 3, and 5 only   B. 1, 3, and 4 only  C. 2, 4, and 5 only    D. 1, 2, 3, 4 and 5 Answer: D

Source: The Hindu

VIRUPAKSHA TEMPLE

 

 

1. Context 

 

Recent, Heavy rains caused damage to a portion of the Virupaksha temple complex at Hampi, a historical site in Karnataka. The damaged area is the temple's pavilion, known as the saalu mantap. Conservationists have expressed concern about the incident and the need for continued protection and preservation efforts at the site.

 

 

2. Historical Significance of the Virupaksha Temple

 

• The Virupaksha temple holds significant historical importance, particularly due to its association with the Vijayanagara Empire (1336 to 1646), a powerful kingdom of its time.
• Founded during the 14th century by Harihara I of the Sangama dynasty, the temple underwent extensive expansion during the reign of the Vijayanagara rulers. It became a prominent centre for religious and cultural activities under their patronage.
• The temple is renowned for its Dravidian architecture, characterized by grand gopurams (gateways), towering shikhara over the sanctum sanctorum, intricate carvings, and pillared halls. The gopuram is adorned with carvings depicting deities, mythological scenes, and animals.
• At its core, the temple houses the Shiva lingam, the principal object of worship. Additionally, it featured pavilions where traders sold articles used in worship, and devotees sometimes camped under these pavilions.
• Hampi, where the temple is located, served as the capital city of the Vijayanagara Empire and is a testament to the empire's grandeur. Recognized by UNESCO as a World Heritage Site, the Group of Monuments at Hampi stands as evidence of the last "great Hindu empire" of South India.

3. Causes of the Virupaksha Temple Pavilion Collapse

 

• The collapse of the Virupaksha temple pavilion was attributed to the deteriorating condition of its stone pillars.
• ASI officials pointed to natural phenomena, particularly prolonged rainfall, as the primary cause of the pillars' deterioration.
• Only three meters of the 19-meter-long pavilion, consisting of four pillars, are damaged due to heavy rain.
• The entire pavilion was set for restoration, and these pillars lacked strong foundations.
• However, as per estimation, thought the pillars would last at least for another four to five years. But it collapsed very early These stone pillars were subject to very heavy rains in the past, and the foundation of the pavilion also lost its strength gradually, leading to the collapse.

 

4. Restoration of the Virupaksha Temple by ASI

 

• The Archaeological Survey of India (ASI) is undertaking the restoration of the Virupaksha temple, which is one of the 57 monuments in Hampi under its protection.
• Before commencing restoration work, ASI digitally documented all the monuments under its control. The restoration process began in 2019, with the first phase completed between 2019-20 and the second phase between 2022-22. The pavilion was scheduled for restoration at a later stage.
• Following the collapse of a portion of the pavilion, ASI has initiated the dismantling of the entire structure and prioritized restoration work. A committee comprising senior archaeologists, conservationists, and engineers has been formed by the Hampi Circle of ASI to assess the damage and restoration requirements of the monuments. The aim is to protect the monuments and prevent further damage.
• The committee will review and document the monuments to determine the extent of damage and classify repair works as major or minor repairs. A final report detailing the monument's assessment and restoration requirements, along with funding proposals, will be submitted to the Director General of ASI.

 

5. Challenges in Monument Restoration

 

• Restoring monuments poses several challenges for ASI officials, including funding limitations, logistical constraints, and a shortage of human resources.
• Despite receiving Rs 8 crore in the last financial year from the Central government for monument restoration in the Kalyan Karnataka region, securing adequate funding remains an ongoing challenge.
• Additionally, the restoration of stone pillars requires sourcing the same type of stone used initially and employing time-consuming traditional methods.
• Restoring the dismantled pavilion will cost approximately Rs 50 lakhs and take three to four months to complete.
• Moreover, broader concerns about the preservation of heritage sites, such as the Virupaksha temple, have been highlighted by UNESCO.
• Constant worship at the temple has led to numerous additions and alterations, while the growth of modern shops, restaurants, and the surrounding bazaar has adversely impacted its setting.
• Furthermore, the asphalting of roads over ancient pathways poses a threat to the site's integrity.
• Managing the tensions between modern uses and heritage preservation requires careful consideration and sensitivity.

 

6. Way Forward

 

By implementing the recommendations, all stakeholders can work together to ensure that the Virupaksha temple and the entire Hampi complex are preserved for future generations. This will require a commitment to sustainable practices, innovative solutions, and a collaborative approach that integrates the needs of both the past and the present.

 

 

For Prelims: Virupaksha Temple, Hampi, UNESCO World Heritage Sites, Vijayanagara Empire, Archaeology Survey of India  For Mains:  1. The recent damage to the Virupaksha temple pavilion highlights the challenges of preserving India's rich historical heritage. Discuss the historical significance of the Vijayanagara Empire and the architectural features of the Virupaksha temple. How can a balance be achieved between preserving these monuments and catering to the needs of the local community and tourism? (250 words)

 

 

Previous Year Questions   1. Khajuraho, 'the City of the Gods' a UNESCO World Heritage Site, the name of which was first referred in the 11th century CE by (WBCS Prelims 2021) A. Ibn Battuta    B. Ibn Sina    C. Abu Rihan Alberuni     D. Omar Khayyam   2. With reference to Indian history, who among the following is a future Buddha, yet to come to save the world? (UPSC 2018) A. Avalokiteshvara      B. Lokesvara       C. Maitreya      D.  Padmapani   3. The UNESCO World Heritage Site, “MahabodhiVihar” is situated in which Indian state? (SSC MTS 2017) A. Madhya Pradesh        B.  Himachal Pradesh           C. Bihar         D. Maharashtra   4. One of the heritage sites according to UNESCO is the_____.  (MP Police Constable 2017)  A. Kesavnath Temple at Ujjain  B. Bhojapur  C. Jahaz Mahal at Mandu    D. Khajuraho Monuments   5. Which one among these sites of Madhya Pradesh is NOT declared as a World Heritage Site by UNESCO? (MP Vyapam Sub-Engineer Electrical 2016) A. Chanderi, Ashoknagar                  B. Khajuraho Group of Monuments C. Buddhist Monuments, Sanchi       D. Rock Shelters, Bhimbetka   6. According to Portuguese writer Nuniz, the women in Vijayanagara Empire were experts in which of the following areas? (UPSC 2021) 1. Wrestling 2. Astrology 3. Accounting 4. Soothsaying Select the correct answer using the code given below. A. 1, 2, and 3 only  B. 1, 3, and 4 only  C. 2 and 4 only   D. 1, 2, 3 and 4   7. With reference to Indian history, consider the following statements: (UPSC 2022) 1. The Dutch established their factories/warehouses on the east coast on lands granted to them by the Gajapati rulers. 2. Alfonso de Albuquerque captured Goa from the Bijapur Sultanate. 3. The English East India Company established a factory at Madras on a plot of land leased from a representative of the Vijayanagara Empire. Which of the statements given above is correct? A. 1 and 2 only  B. 2 and 3 only  C. 1 and 3 only   D. 1, 2 and 3   8. Regarding Indian history, which of the following is/are correct? (UPSC 2021) 1. Arcot Nizamat emerged from Hyderabad state. 2. The Kingdom of Mysore emerged from the Vijayanagara Empire. 3. The kingdom of Rohilkhand was formed from the territories conquered by Ahmad Shah Durrani Select the correct answer using the code given below.  A. Papers 1 and 2  B. 2 only  C. 2 and 3    D. 3 only   Answers: 1-C, 2-C, 3-C, 4-D, 5-A, 6-4, 7-B, 8-B   Mains   1. The rock-cut architecture represents one of the most important sources of our knowledge of early Indian art and history. Discuss. (UPSC  2020) 2. Safeguarding the Indian Art Heritage is the need of the moment. Discuss. (UPSC  2019)

 

Source: The Indian Express

COST INFLATION INDEX (CII)

 

 

1. Context

 

Long-term capital gains liability on the sale or transfer of any capital asset, such as land, property, trademarks and patents is expected to be lower this year as the Cost Inflation Index (CII) for 2024-25 has been fixed at 363, a rise of 4.3% from 348 for FY24

 

2. What is Cost Inflation Index (CII)?

 

• The Cost Inflation Index (CII) is a measure used in India to adjust the purchase price of assets for inflation, primarily for calculating long-term capital gains tax.
• It is determined by the Central Board of Direct Taxes (CBDT) and is used to index the cost of acquisition, improvement, or transfer of a capital asset to reflect the effect of inflation over the years.
• The indexation helps reduce the overall tax burden on the seller by accounting for inflationary increases in asset prices

• The global economy is ever-changing and consistently evolving. One significant indicator of this change is the diminishing purchasing power of money, driven by a continuous rise in the prices of goods and services.
• This decline in money's value, which subsequently raises the cost of living for individuals, is termed inflation.
• The Cost Inflation Index (CII) is a tool employed to estimate the annual increase in an asset’s value due to inflation.
• This index is determined by the Central Government and published in its official gazette to measure inflation. It is updated annually by the government and is specified under Section 48 of the Income Tax Act, 1961

3. What is the Purpose of CII?

 

The primary purpose of the Cost Inflation Index (CII) is to account for inflation when calculating long-term capital gains tax on the sale of assets in India.

Here are the key objectives of CII:

• Adjusting for Inflation: CII helps in adjusting the historical cost of assets to reflect current inflation rates, ensuring that the calculation of capital gains is based on the real value of money rather than nominal values.

• Reducing Tax Burden: By indexing the cost of acquisition and improvement of an asset, taxpayers can reduce their taxable capital gains. This effectively lowers the amount of capital gains tax they need to pay.

• Fair Taxation: CII ensures a fairer taxation system by taking into account the erosion of purchasing power over time. This prevents taxpayers from being taxed on the inflationary increase in asset values rather than the actual real gains.

• Encouraging Investment: By mitigating the impact of inflation on capital gains tax, CII can encourage long-term investment in assets, as investors are assured that inflationary effects will not disproportionately increase their tax liabilities.

• Compliance with Tax Laws: The use of CII is mandated under Section 48 of the Income Tax Act, 1961. It ensures taxpayers comply with the legal provisions for calculating capital gains tax in a standardised manner.

​

What Does a Base Year in CII Mean?   In the context of the Cost Inflation Index (CII), the base year is a specific year chosen by the government to serve as a reference point for measuring inflation. The index for the base year is set to a standard value, typically 100, and subsequent values of the CII reflect the inflationary increase relative to this base year. Here's what the base year signifies: Reference Point: The base year acts as a fixed reference point against which all other years are compared to measure the rate of inflation. It provides a consistent starting point for calculating the index. Standardization: By setting a specific base year, the government standardizes the way inflation is measured over time, ensuring consistency in how the cost of assets is indexed. Calculation of Indexed Cost: The base year is crucial for calculating the indexed cost of acquisition and improvement of assets. The formula for indexing involves the CII of the year of sale, the year of purchase or improvement, and the CII of the base year. For example: Indexed Cost=(Cost of Acquisition×CII of the Year of Sale)/CII of the Year of Acquisition or Base Year

 

 

4. Way Forward

The choice of base year can impact the capital gains calculations significantly. A more recent base year would mean less indexing over fewer years, whereas an older base year would provide a longer duration for indexing and potentially a higher inflation adjustment

The government can reset the base year periodically to reflect more current economic conditions. For instance, the base year for CII was shifted from 1981 to 2001, and changes like these help in making the index more relevant to current economic scenarios

 

Source: The Hindu