INDUS WATER TREATY
1. Context
Delegations from India and Pakistan on Monday flew to Jammu and Kashmir’s Kishtwar district with neutral experts and began inspection of two power projects under the Indus Water Treaty (IWT)
2. The dispute over the hydel projects
- The notice appears to be a fallout of a longstanding dispute over two hydroelectric power projects that India is constructing one on the Kishanganga river, a tributary of Jhelum and the other on the Chenab.
- Pakistan has raised objections to these projects and dispute resolution mechanisms under the Treaty have been invoked multiple times. But a full resolution has not been reached.
- In 2015, Pakistan asked that a Neutral Expert should be appointed to examine its technical objections to the Kishanganga and Ratle HEPs.
- But the following year, Pakistan unilaterally retracted this request and proposed that a Court of Arbitration should adjudicate its objections.
- In August 2016, Pakistan approached the World Bank, which brokered the 1960 Treaty, seeking the constitution of a Court of Arbitration under the relevant dispute redressal provisions of the Treaty.
| Instead of responding to Pakistan's request for a Court of Arbitration, India moved a separate application asking for the appointment of a Neutral Expert, which is a lower level of dispute resolution provided in the Treaty. |
- India argued that Pakistan's request for a Court of Arbitration violated the graded mechanism of dispute resolution in the Treaty.
- In between, a significant event happened that had consequences for the Treaty.
- A Pakistan-backed terror attack on Uri in September 2016 prompted calls within India to walk out of the Indus Waters Treaty, which allows a significantly bigger share of the six river glasses of water to Pakistan.
- The Prime Minister had famously said that blood and water could not flow together and India has suspended routine bi-annual talks between the Indus Commissioners of the two countries.
3. Applications moved by Pakistan and India
- The World Bank, the third party to the Treaty and the acknowledged arbiter of disputes were, meanwhile faced with a unique situation of having received two separate requests for the same dispute.
- New Delhi feels that the World Bank is just a facilitator and has a limited role.
- On December 12, 2016, the World Bank announced a "pause" in the separate processes initiated by India and Pakistan under the Indus Waters Treaty to allow the two countries to consider alternative ways to resolve their disagreements.
- The regular meetings of Indus Waters Commissioners resumed in 2017 and India tried to use these to find mutually agreeable solutions between 2017 and 2022.
- Pakistan refused to discuss these issues at these meetings.
- At Pakistan's continued insistence, the World Bank, in March last year, initiated actions on the requests of both India and Pakistan.
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On March 31, 2022, the World Bank decided to resume the process of appointing a Neutral Expert and a Chairman for the Court of Arbitration.
In October last year, the Bank named Michel Lino as the Neutral Expert and Prof. Sean Murphy as Chairman of the Court of Arbitration.
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- They will carry out their duties in their capacity as subject matter experts and independently of any other appointments they may currently hold.
- On October 19, 2022, the Ministry of External Affairs said, " We have noted the World Bank's announcement to concurrently appoint a Neutral Expert and a Chair of the Court of Arbitration in the ongoing matter related to the Kishanganga and Ratle projects".
- Recognising the World Bank's admission in its announcement that "carrying out two processes concurrently poses practical and legal challenges".
- India would assess the matter that "India believes that the implementation of the Indus Water Treaty must be in the letter and spirit of the Treaty".
- Such parallel consideration of the same issues is not provided for in any provisions of the Treaty and India has been repeatedly citing the possibility of the two processes delivering contradictory rulings, which could lead to an unprecedented and legally untenable situation, which is unforeseen in Treaty provisions.
4. Dispute redressal mechanism
- The dispute redressal mechanism provided under Article IX of the IWT is graded.
- It's a 3-level mechanism.
- So, whenever India plans to start a project, under the Indus Water Treaty, it has to inform Pakistan that it is planning to build a project.
- Pakistan might oppose it and ask for more details. That would mean there is a question and in case there is a question, that question has to be clarified between the two sides at the level of the Indus Commissioners.
- If that difference is not resolved by them, then the level is raised. The question then becomes a difference.
- That difference is to be resolved by another set mechanism, which is the Natural Expert.
- It is at this stage that the World Bank comes into the picture.
- In case the Neutral Expert says that they are not able to resolve the difference or that the issue needs an interpretation of the Treaty, then that difference becomes a dispute.
It then goes to the third stage the Court of Arbitration. - To Sum up, it's a very graded and sequential mechanism first Commissioner, then the Neutral Expert and only then the Court of Arbitration.
5. India's notice and its implications
- While the immediate provocation for the modification is to address the issue of two parallel mechanisms, at this point, the implications of India's notice for modifying the treaty are not very clear.
- Article XII (3) of the Treaty that India has invoked is not a dispute redressal mechanism.
- It is in effect, a provision to amend the Treaty.
- However, an amendment or modification can happen only through a "duly ratified Treaty concluded for that purpose between the two governments".
- Pakistan is under no obligation to agree to India's proposal.
- As of now, it is not clear what happens if Pakistan does not respond to India's notice within 90 days.
| The next provision in the Treaty, Article XII (4), provides for the termination of the Treaty through a similar process " a duly ratified Treaty concluded for that the purpose between the two governments". |
- India has not spelt out exactly what it wants to be modified in the Treaty.
- But over the last few years, especially since the Uri attack, there has been a growing demand in India to use the Indus Waters Treaty as a strategic tool, considering that India has the natural advantage of being the upper riparian state.
- India has not fully utilized its rights over the waters of the three east-flowing rivers Ravi, Beas and Sutlej over which India has full control under the Treaty.
It has also not adequately utilized the limited rights over the three west-flowing rivers Indus, Chenab and Jhelum which are meant for Pakistan. - Following the Uri attack, India established a high-level task force to exploit the full potential of the Indus Waters Treaty.
- Accordingly, India has been working to start several big and small hydroelectric projects that had either been stalled or were in the planning stages.
For Prelims & Mains
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For Prelims: Indus water treaty, World Bank, India and Pakistan, Ravi, Jhelum, Sutlej, Beas, Chennab, Court of Arbitration, Uri attack, Neutral Expert, hydel projects,
For Mains:
1. What is Indus Water Treaty and discuss India's recent notice and its implications (250 Words)
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Source: The Indian Express
GOODS AND SERVICE TAX (GST)
1. Context
On 22/06/2024, the GST council, which met for the first time since the formation of the new Union government, tweaked tax rates on some items, and took a series of steps to bring down litigation and ease compliance for taxpayers.
2. What is the Goods and Services Tax (GST)?
- The Goods and Services Tax (GST) is a value-added tax levied on the supply of goods and services at each stage of the production and distribution chain. It is a comprehensive indirect tax that aims to replace multiple indirect taxes imposed by the central and state governments in India.
- GST is designed to simplify the tax structure, eliminate the cascading effect of taxes, and create a unified national market. Under the GST system, both goods and services are taxed at multiple rates based on the nature of the product or service. The tax is collected at each stage of the supply chain, and businesses are allowed to claim a credit for the taxes paid on their inputs.
- The GST system in India came into effect on July 1, 2017, replacing a complex tax structure that included central excise duty, service tax, and state-level taxes like VAT (Value Added Tax), among others. The GST Council, consisting of representatives from the central and state governments, is responsible for making decisions on various aspects of GST, including tax rates and rules.
- GST is intended to create a more transparent and efficient tax system, reduce tax evasion, and promote economic growth by fostering a seamless flow of goods and services across the country. It has a significant impact on businesses, as they need to comply with the new tax regulations and maintain detailed records of their transactions for GST filing
3.Goods and Services Tax (GST) and 101st Amendment Act, 2016
The Goods and Services Tax (GST) in India was introduced through the 101st Amendment Act of 2016. This constitutional amendment was a crucial step in the implementation of GST, which aimed to create a unified and comprehensive indirect tax system across the country.
Here are some key points related to the 101st Amendment Act and GST:
- The 101st Amendment Act was enacted to amend the Constitution of India to pave the way for the introduction of the Goods and Services Tax.
- It added a new article, Article 246A, which confers concurrent powers to both the central and state governments to levy and collect GST
- The amendment led to the creation of the GST Council, a constitutional body consisting of representatives from the central and state governments. The council is responsible for making recommendations on GST rates, exemptions, and other related issues
- The amendment introduced a dual GST structure, where both the central government and the state governments have the power to levy and collect GST on the supply of goods and services
- For inter-state transactions, the 101st Amendment Act provides that the central government would levy and collect the Integrated Goods and Services Tax (IGST), which would be a sum total of the central and state GST
- The amendment also included a provision for compensating states for any revenue loss they might incur due to the implementation of GST for a period of five years
The 101st Amendment Act was a critical legislative step that provided the constitutional framework for the implementation of GST in India. It addressed the need for a unified tax system, simplifying the tax structure and promoting a common market across the country. The subsequent establishment of the GST Council has played a pivotal role in the ongoing management and evolution of the GST system in India
4. What are the different types of Goods and Services Tax (GST)?
In India, the Goods and Services Tax (GST) is structured into different tax rates based on the nature of the goods and services. As of my last knowledge update in January 2022, the GST rates are divided into multiple slabs. It's important to note that tax rates may be subject to changes, and new amendments could have been introduced since then. As of my last update, the GST rates are as follows:
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Nil Rate:
- Some goods and services are categorized under the nil rate, meaning they attract a 0% GST. This implies that no tax is levied on the supply of these goods or services.
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5% Rate:
- This is a lower rate, applicable to essential goods such as certain food items, medical supplies, and other basic necessities.
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12% Rate:
- Goods and services falling in this category attract a 12% GST rate. Items such as mobile phones, processed foods, and certain services fall under this slab.
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18% Rate:
- A higher rate of 18% is applicable to goods and services such as electronic items, capital goods, and various services.
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28% Rate:
- The highest GST rate of 28% is applied to luxury items, automobiles, and certain goods and services that are considered non-essential or fall into the luxury category.
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Compensation Cess:
- In addition to the above rates, some specific goods attract a compensation cess, which is levied to compensate the states for any revenue loss during the transition to GST. This is often applied to items like tobacco and luxury cars.
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Zero Rate:
- Certain categories of goods and services may be specified as "zero-rated," which means they are effectively taxed at 0%. This is different from the nil rate, as it allows businesses to claim input tax credit on inputs, capital goods, and input services.
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Exempt Supplies:
- Some goods and services may be exempt from GST altogether. This means that they are not subject to any GST, and businesses cannot claim input tax credit on related inputs
5.Central GST (CGST), State GST (SGST), Union territory GST (UTGST) and Integrated GST (IGST)
| Subject | Central GST (CGST) | State GST (SGST) | Union Territory GST (UTGST) | Integrated GST (IGST) |
|---|---|---|---|---|
| Levied by | Central Government | Respective State Governments | Union Territory Administrations | Central Government (on inter-state transactions) |
| Applicability | On intra-state supplies (within the same state) | On intra-state supplies (within the same state) | On intra-union territory supplies (within the same union territory) | On inter-state supplies (across states or union territories) |
| Rate Determination | Determined by the Central Government | Determined by the Respective State Government | Determined by the Union Territory Administration | IGST rate is a sum of CGST and SGST rates |
| Revenue Collection | Collected by the Central Government | Collected by the Respective State Government | Collected by the Union Territory Administration | Collected by the Central Government (on inter-state transactions) |
| Utilization of Revenue | Shared between Central and State Governments | Retained by the Respective State Government | Retained by the Union Territory Administration | Shared between Central and State Governments |
| Purpose | Part of the dual GST structure, meant to cover central taxes | Part of the dual GST structure, meant to cover state taxes | Applicable in union territories for intra-territory supplies | Applied to regulate and tax inter-state supplies |
| Input Tax Credit (ITC) | ITC available for CGST paid on inputs and services | ITC available for SGST paid on inputs and services | ITC available for UTGST paid on inputs and services | ITC available for both CGST and SGST paid on inputs |
| Tax Jurisdiction | Applies within a particular state | Applies within a particular state | Applies within a particular union territory | Applies to transactions across states and union territories |
| GSTN Portal for Filing Returns | Central GSTN portal | State-specific GSTN portals | UTGSTN portal | Integrated GSTN portal |
6.What are the benefits of Goods and Services Tax (GST) in India?
The Goods and Services Tax (GST) in India was implemented with the aim of bringing about significant reforms in the indirect tax structure. Several benefits have been associated with the introduction of GST.
Here are some key advantages:
- GST replaced multiple indirect taxes levied by the central and state governments, simplifying the tax structure. This streamlined system reduces the complexity of compliance for businesses
- GST eliminates the cascading effect of taxes, where taxes are levied on top of other taxes. With a seamless credit mechanism, businesses can claim input tax credit on the taxes paid on their purchases, leading to a more transparent and efficient system
- GST has facilitated the creation of a common national market by harmonizing tax rates and regulations across states. This has reduced trade barriers and promoted the free flow of goods and services throughout the country
- The GST system has incorporated technology-driven processes, including electronic filing and real-time reporting, making it harder for businesses to evade taxes. This has contributed to increased tax compliance
- The input tax credit mechanism under GST benefits manufacturers, as they can claim credits for taxes paid on raw materials and input services. This has a positive impact on the cost of production and enhances the competitiveness of Indian goods in the international market
- GST brings transparency to the taxation system. The online filing of returns and the availability of transaction-level data make it easier for tax authorities to monitor and track transactions, reducing the scope for corruption
- GST has replaced a complex system of filing multiple tax returns with a more straightforward mechanism. Businesses now need to file fewer returns, reducing the compliance burden
- The implementation of GST has contributed to an improvement in the ease of doing business in India. The unified tax system has made it simpler for businesses to operate across states and has reduced the paperwork and bureaucratic hurdles associated with tax compliance
- GST has led to the harmonization of tax rates across states and union territories, minimizing the tax rate disparities that existed earlier. This creates a more predictable tax environment for businesses
7.Goods and Services Tax (GST)-Issues and Challenge
- Despite the intention to simplify the tax structure, the multi-tiered rate system (0%, 5%, 12%, 18%, and 28%) and the inclusion of cess on certain goods have introduced complexity. The classification of goods and services under different tax slabs can be challenging, leading to disputes and confusion
- The successful implementation of GST relies heavily on technology. Issues such as technical glitches on the GSTN (Goods and Services Tax Network) portal, especially during the initial phases, have caused difficulties for businesses in filing returns and complying with regulations
- The compliance requirements for businesses under GST, including multiple returns filing, have been perceived as burdensome. Smaller businesses, in particular, may find it challenging to adapt to the new system and comply with the various provisions
- The transition from the previous tax regime to GST posed challenges, especially for businesses in terms of understanding the new tax structure, reconfiguring accounting systems, and ensuring a smooth transition of credits from the old tax system to the GST system
- The classification of certain goods and services into specific tax slabs has been a source of contention. Ambiguities in classification have led to disputes and litigations, with businesses seeking clarity on the applicable tax rates
- The implementation of GST has increased compliance costs for businesses due to the need for sophisticated IT infrastructure, the hiring of tax professionals, and efforts to ensure accurate reporting and filing
- Challenges related to availing and matching input tax credits have been reported. Timely matching of credits and resolving discrepancies can be cumbersome, leading to concerns about the seamless flow of credit across the supply chain
- The anti-profiteering provisions were introduced to ensure that businesses pass on the benefits of reduced tax rates to consumers. However, the implementation of anti-profiteering measures has been criticized for its complexity and potential for disputes
- The periodic changes in the GST return filing system have created challenges for businesses in adapting their processes. Delays and complexities in return filing can affect working capital management
8.Goods and Services Tax Council (GST Council)
The Goods and Services Tax Council (GST Council) is a constitutional body in India that makes recommendations on the Goods and Services Tax (GST). It was established under the Constitution (122nd Amendment) Act, 2016, which introduced the GST in India
The GST Council consists of the following members:
- The Union Finance Minister, who is the Chairperson of the Council.
- The Union Minister of State in charge of revenue or any other Minister of State nominated by the Union Government.
- One Minister from each state, nominated by the Governor of that state.
- The Chief Secretary of each state, ex-officio.
- If the President, on the recommendation of the Council, so directs, one representative of each Union territory which has a legislature, to be nominated by the Lieutenant Governor of that Union territory.
- Three to seven members (other than Ministers) to be nominated by the Union Government, of whom at least one member shall be from the field of economics and another from the field of chartered accountancy, legal affairs or public finance
9. Way forward
It's important to note that the composition and structure of the GST Council may evolve over time, and there might have been changes since my last update in January 2022. To obtain the latest and most accurate information about the GST Council and its members, it is recommended to refer to official government sources or recent announcements by the relevant authorities
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For Prelims: Economic and Social Development and Indian Polity and Governance
For Mains: General Studies II: Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein
General Studies III: Inclusive growth and issues arising from it |
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Previous Year Questions
1.Which of the following are true of the Goods and Services Tax (GST) introduced in India in recent times? (UGC Paper II 2020)
A. It is a destination tax
B. It benefits producing states more
C. It benefits consuming states more
D. It is a progressive taxation
E. It is an umbrella tax to improve ease of doing business
Choose the most appropriate answer from the options given below:
A.B, D and E only
B.A, C and D only
C.A, D and E only
D.A, C and E only
Answer (D)
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Source: Indianexpress
RAIN SHADOW EFFECT
1. Context
After the deficient monsoon last year, the Maharashtra government declared many parts of the State to be drought-hit. The impact of the deficiency manifested across the region this summer as wells ran dry and officials brought tankers to provide drinking water and water for irrigation. This situation is in sharp contrast with the State’s coastal areas, where rainfall has often been in excess, leading to severe flooding. Marathwada’s predicament is shaped by its location, topography, soil type, agricultural practices, and crop choices.
2. What is a Rain Shadow Effect?
A rain shadow region is an area that receives significantly less rainfall than the surrounding areas due to the presence of a mountain range that blocks prevailing winds. Here's how it works:
- Moist Air Ascends: Moist air carried by winds approaches a mountain range.
- Orographic Lift: As the air rises over the mountains, it cools and condenses, leading to precipitation on the windward side of the range.
- Dry Air Descends: After releasing most of its moisture on the windward side, the now-dry air descends on the leeward side of the mountains.
- Warming and Drying: As the air descends, it warms and its relative humidity decreases, resulting in much drier conditions.
Marathwada is situated in the rain shadow area of the Western Ghats. When moist winds from the Arabian Sea meet the mountains, they ascend and cool, leading to substantial rainfall (2,000-4,000 mm) on the western side. However, by the time these winds pass over the Ghats and descend into Western Maharashtra and Marathwada, they have lost most of their moisture, resulting in significantly drier conditions in Marathwada (600-800 mm)
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Examples
This phenomenon creates a dry area known as a rain shadow on the leeward side of the mountain range. Examples of rain shadow regions include:
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3. How does the Rain Shadow effect affect Agricultural Crops?
The rain shadow effect can have a significant impact on agricultural crops due to its influence on local climate and precipitation patterns.
Here are several ways the rain shadow effect affects agriculture:
- Areas in the rain shadow receive much less rainfall than the windward side of the mountain range. This limited water supply can make it challenging to grow crops that require consistent and substantial moisture
- Farmers in rain shadow regions often rely more heavily on irrigation to provide water for their crops. This can increase production costs and place pressure on local water resources, especially in arid regions
- The type of crops that can be grown in rain shadow regions is often restricted to those that are drought-resistant or require less water. Crops such as millet, sorghum, and certain legumes might be favoured over water-intensive crops like rice or sugarcane
- The dry conditions in rain shadow regions can lead to poorer soil quality. Without adequate rainfall, soils may become dry and less fertile, requiring more soil management practices such as the use of fertilizers and organic matter to maintain productivity
- The variability and often limited rainfall in rain shadow areas increase the risk of crop failure due to drought. This unpredictability can make farming more challenging and risky
- The need for additional resources to manage water scarcity, such as irrigation infrastructure and soil amendments, can increase the cost of farming. This can impact the economic viability of agriculture in rain shadow regions, potentially leading to lower agricultural incomes and economic hardship for farmers
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Marathwada Region
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4. What Causes Rain Shadow Effect?
The rain shadow effect is caused by the following process:
- When moist air masses, typically coming from large bodies of water like oceans or seas, move inland and encounter a mountain range, they are forced to rise due to the topography
- As the air ascends the windward side of the mountains, it cools and expands due to the lower atmospheric pressure at higher altitudes. This cooling causes the moisture in the air to condense and form clouds, leading to precipitation on the windward side of the mountain range
- The condensation and precipitation (rain or snow) occur primarily on the windward side, resulting in a wetter climate with substantial rainfall
- After the air mass has lost much of its moisture on the windward side, it crosses over the mountain peak and begins to descend on the leeward side. As it descends, the air warms and its relative humidity decreases
- The descending, warmer air on the leeward side creates much drier conditions because it no longer contains much moisture. This dry area is known as a rain shadow
5. Way Forward
In a low-rainfall region, managing water demand includes practising water-efficient irrigation, cultivating drought-resistant crops, and diversifying livelihoods. Marathwada must also shift to other high-value, low-water-using crops, while sugarcane production must move to Uttar Pradesh, Bihar, and West Bengal
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For Prelims: Southwest Monsoons, El Nino, La Nina
For Mains: GSI, GS III-Rain Shadow effects on Agriculture and Crop Pattern
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Previous Year Questions
1. Rain shadow effect is associated with (UPSC NDA 2015)
A.Cyclonic rainfall
B.Orographic rainfall
C.Convectional rainfall
D.Frontal rainfall
Answer (B)
The rain shadow effect is directly associated with orographic rainfall, which occurs when moist air is lifted over a mountain range, causing the air to cool and condense, leading to precipitation on the windward side and dry conditions on the leeward side
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Source: The Hindu
HOOCH
1. Context
The death of 57 people and hospitalisation of dozens following the consumption of illicit liquor in the village of Karunapuram in Tamil Nadu’s Kallakurichi district is a tragedy that could have been avoided
2. What is a Hooch?
"Hooch" is a slang term for illicitly produced or illegally distributed alcoholic beverages. The term is often used to describe homemade or bootleg alcohol, which is typically made without government regulation or quality control, and can sometimes be unsafe to drink due to the unregulated production process. The word "hooch" is believed to have originated from "hoochinoo," a term used by indigenous people in Alaska to describe a type of homemade liquor. Over time, the term evolved and became widely used to refer to any illegal or homemade alcoholic drink
3. How is Hooch produced?
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Preparation:
- Mixing: Sugar is dissolved in water to create a sugary solution. If fruits or grains are used, they are often mashed or cooked to release their sugars.
- Sterilization: The mixture is sometimes boiled to kill any unwanted bacteria or wild yeast.
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Fermentation:
- Adding Yeast: Once the mixture is at an appropriate temperature, yeast is added.
- Fermenting: The mixture is left in a sealed container with an airlock to ferment for several days to weeks. During this time, the yeast converts the sugar into alcohol and carbon dioxide.
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Distillation:
- Initial Product: The fermented liquid, called "wash" or "mash," contains a relatively low concentration of alcohol.
- Heating: The wash is heated in a still. Alcohol has a lower boiling point than water, so it evaporates first.
- Condensation: The alcohol vapour is collected and condensed back into liquid form, which is then collected as "hooch."
4. What are the effects of spurious liquor?
Spurious liquor, often referred to as fake or adulterated alcohol, can have severe and sometimes fatal effects on health.
Here are some of the key effects:
- Methanol Poisoning: Spurious liquor often contains methanol, a toxic substance that can cause:
- Nausea and vomiting
- Headaches
- Abdominal pain
- Blurred vision or blindness
- Seizures
- Coma or death in severe cases
- Organ Damage: Chronic consumption of spurious liquor can lead to long-term damage to vital organs such as the liver, kidneys, and heart.
- Neurological Effects: Adulterated alcohol can cause neurological damage, leading to confusion, poor coordination, and cognitive impairment.
- Respiratory Issues: Acute poisoning can result in respiratory distress or failure.
- Cardiovascular Problems: Can cause irregular heartbeats, high blood pressure, and other cardiovascular issues.
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Constitution about Spurious Liquor
Intoxicating liquors are listed under List II (State List) of the seventh schedule of the Indian Constitution. This means that the regulation and control over intoxicating liquors, including production, distribution, and sale within a state, fall under the jurisdiction and legislative authority of the state governments in India
The prohibition of intoxicating drinks and drugs that are harmful to health in India is primarily addressed under Article 47 of the Indian Constitution. This article is located in Part IV (Directive Principles of State Policy), which outlines the principles for the state to follow in governance and policy-making. Article 47 specifically directs the state to endeavor to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health. It emphasizes the state's duty to improve public health and promote the well-being of its citizens by implementing measures to reduce the consumption of harmful substances
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5. Advantages and Disadvantages of Liquor ban
| Advantages of Alcohol Ban | Disadvantages of Alcohol Ban |
| Public Health Benefits: | Economic Impact: |
| Reduced alcohol-related diseases and disorders. | Loss of revenue from alcohol sales and taxes |
| Decreased incidents of alcohol-related incidents | Potential increase in illicit alcohol production |
| Lower burden on healthcare and emergency services | Impact on businesses such as bars and restaurants |
| Social Benefits: | |
| Reduction in domestic violence and crime | Social Implications: |
| Improved public safety and security | Potential for underground alcohol market |
| Promotes healthier lifestyles and family stability | Cultural and social impact on traditional practices |
| Psychological Benefits: | Limited personal freedom and choice |
| Reduction in alcohol addiction and dependency | Potential for civil unrest or resistance |
| Better mental health outcomes in communities |
6. Way Forward
Implementing an alcohol ban involves balancing public health and social considerations with potential economic and cultural impacts, which can vary significantly based on local context and enforcement strategies
Source: The Hindu
UNLAWFUL ACTIVITIES (PREVENTION) ACT (UAPA)
1. Context
Jammu and Kashmir Director General of Police (DGP) R R Swain on Sunday said those found assisting militants in J&K should be tried by investigating agencies under the Enemy Agents Ordinance, 2005. The law is more stringent than the Unlawful Activities (Prevention) Act (UAPA) and has the punishment of either a life term or a death sentence
2. About Unlawful Activities (Prevention) Act (UAPA)
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.
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For Prelims: Unlawful Activities (Prevention) Act, Article 22, Terrorism
For Mains:
1. Discuss the key provisions of the Unlawful Activities (Prevention) Act (UAPA) and analyze how they may impact fundamental human rights. Elaborate on the balance between national security concerns and the protection of individual rights. (250 Words)
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Previous Year Questions 1. Under Article 22 of the Constitution of India, with the exception of certain provisions stated there in, what is the maximum period for detention of a person under preventive detention? (MPSC 2014) A. 2 months B. 3 months C. 4 months D. 6 months
2. Article 22 of the Constitution ensures (CTET 2016) A. Right not to be ill-treated during arrest or while in custody B. Right to Constitutional Remedies C. Right against Exploitation D. Right to Education Answers: 1-B, 2-A Mains 1. Indian government has recently strengthed the anti-terrorism laws by amending the Unlawful Activities(Prevention) Act, (UAPA), 1967 and the NIA Act. Analyze the changes in the context of prevailing security environment while discussing scope and reasons for opposing the UAPA by human rights organizations. (UPSC 2019) |
Source: The Indian Express
