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DAILY CURRENT AFFAIRS, 13 AUGUST 2024

EARTHQUAKE

 

1. Context

After a 7.1-magnitude earthquake shook southern Japan on Thursday (August 8), the country’s meteorological agency issued its first-ever “megaquake advisory”

2. What is an Earthquake?

An earthquake is an intense shaking of the ground caused by movement under the earth’s surface. It happens when two blocks of the earth suddenly slip past one another, according to USGS. This releases stored-up ‘elastic strain’ energy in the form of seismic waves, which spreads through the earth and cause the shaking of the ground.

3. How do exactly Earthquakes Occur?

  • As we know, the earth’s outermost surface, crust, is fragmented into tectonic plates. The edges of the plates are called plate boundaries, which are made up of faults.
    The tectonic plates constantly move at a slow pace, sliding past one another and bumping into each other.
  • As the edges of the plates are quite rough, they get stuck with one another while the rest of the plate keeps moving.
  • Earthquake occurs when the plate has moved far enough and the edges unstick on one of the faults.
  • The location below the earth’s surface where the earthquake starts is called the hypocenter, and the location directly above it on the surface of the earth is called the epicenter.”

4. Earthquake waves

The release of energy during an earthquake generates waves which are called Earthquake Waves. Earthquake waves are basically of two types body waves and surface waves.
Body waves: They are generated due to the release of energy at the focus and move in all directions traveling through the body of the earth. Hence, the name body waves. The body waves interact with the surface rocks and generate a new set of waves called surface waves.
Surface waves: These waves move along the surface. The velocity of waves changes as they travel through materials with different densities. The denser the material, the higher the velocity. Their direction also changes as they reflect or refract when coming across materials with different densities.

There are two types of body waves. They are called P and S-waves.

P-waves or ‘primary waves’ move faster and are the first to arrive at the surface. The P-waves are similar to sound waves. They travel through gaseous, liquid, and solid materials.
P-waves vibrate parallel to the direction of the wave. This exerts pressure on the material in the direction of propagation. As a result, it creates density differences in the material leading to stretching and squeezing of the material.
S-waves or secondary waves arrive at the surface with some time lag. They can travel only through solid materials. This characteristic of the S-waves is quite important. It has helped scientists to understand the structure of the interior of the earth.
The direction of vibrations of S-waves is Perpendicular to the wave direction in the vertical plane. Hence, they create troughs and crests in the material through which they pass. Surface waves are considered to be the most damaging waves.

5. Measuring of Earthquakes

  • The earthquake events are scaled either according to the magnitude or intensity of the shock.
  • The magnitude scale is known as the Richter scale. The magnitude indicates the energy released during the quake. It is expressed in absolute numbers 0-10.
  • The intensity scale is named after Mercalli, an Italian seismologist. The intensity scale indicates the visible damage caused by the event. The range of intensity scale is from 1-12.

6. Turkey and Syria lie in a seismically active region

  • The region where the earthquake struck lies along a well-known seismic fault line called the Anatolia tectonic block that runs through northern, central, and eastern Turkey.
  • It is a seismically active zone-though not as active as, say, the Himalayan region which is one of the most dangerous regions in the world from the perspective of earthquakes.
  • Large earthquakes, of magnitude 5 or higher, have not been very frequent in recent years. According to USGS, only three earthquakes of magnitude 6 or more have happened in the region since 1970. The last major quake in this area came in January 2020.
  • The seismicity in this region is a result of interactions between the African, Eurasian, and Arabian plates. The Arabian plate is known to be pushing northward, which results in a slight westward movement for the Anatolian plate, where Turkey is located.
  • The earthquake happened around the near-vertical fault line on the eastern Anatolian block, close to the Syrian border.

7. Shallow Earthquakes cause much greater damage

  • Earthquakes in Turkey emerged from relatively shallow depths which made them devastating. The first earthquake, of magnitude 7.8, originated 17.9 km below the earth's surface.
  • All the subsequent ones, including one of 7.5 magnitudes, emerged from even closer to the surface.
  • Shallow earthquakes are generally more devastating because they carry greater energy when they emerge on the surface.
  • Deeper earthquakes lose much of their energy by the time they come to the surface. The deeper quakes spread farther though- the seismic waves move conically upwards to the surface even as they lose energy while traveling greater distances and hence cause less damage.

8. Can earthquakes be predicted?

  • An accurate prediction of an earthquake requires some sort of a precursory signal from within the earth that indicates a big quake is on the way.
  • Moreover, the signal must occur only before large earthquakes so that it doesn’t indicate every small movement within the earth’s surface. Currently, there is no equipment to find such precursors, even if they exist.
  • Theoretically, it is possible to offer a lead time of a few seconds between the time of the origin of the earthquake and the time it reaches the Earth’s surface.
  • Seismic waves travel significantly slower than the speed of light between 5 and 13 km
    per second. So if the earthquake is detected as soon as it is triggered, information about it can be related a few seconds ahead of it reaching the ground.
  • Such systems are already in use in some locations to issue alerts about earthquakes. However, these are not predictions. The alerts are issued post-event.
  • Attempts to find reliable predictors of earthquakes have not been fruitful so far. Scientists have been able to map the areas that are earthquake-prone, and are likely to generate earthquakes in the future, but there is no way to predict when.

For Prelims & Mains

For Prelims: Earthquake, Tectonic plates, Hypocenter, Epicenter, Body waves, Surface waves, P-waves or ‘primary waves’, S-waves or secondary waves, Richter scale, and Seismic waves.
For Mains: 1. What is an Earthquake? How do exactly Earthquakes Occur? Discuss the effects of Earthquakes.
 
Source: The Indian Express
 

COLLISION AVOIDANCE SYSTEM (CAS)

 
 
 
1. Context
 
Most collision avoidance systems require two pieces of information: the locations of all the other vehicles and the location of this vehicle relative to those vehicles
 
2. What is a Collision Avoidance System(CAS)?
 
  • A collision avoidance system (CAS) is a safety technology designed to prevent or reduce the severity of collisions in vehicles, aircraft, or other moving objects. It uses sensors such as radar, lidar, cameras, or ultrasonic sensors to detect potential obstacles or hazards in the path of the vehicle or object.
  • When a possible collision is identified, the system can take various actions, including alerting the driver or operator, automatically applying the brakes, steering to avoid the obstacle, or taking other evasive measures.
  • These systems are commonly found in modern automobiles as part of advanced driver-assistance systems (ADAS), and in aviation, where they help prevent mid-air collisions between aircraft.
  • The goal of a collision avoidance system is to enhance safety by reducing human error and reacting faster than a human could in dangerous situations
3. Does CAS help land-based vehicles?
 
  • Vehicular traffic is an essential part of modern life, leading to the creation of numerous transportation options and their deployment in various environments. Today, we experience traffic not only on roads but also in the air, across water bodies, and even in space—a questionable indicator of progress.
  • Since it is not feasible to significantly reduce this traffic, collision avoidance systems (CAS) have been developed as a safety measure.
  • Consider two cars, referred to as the Front Car and the Back Car, both equipped with CAS devices. Typically, the Back Car monitors the speed of the Front Car, the distance between them, and its own speed.
  • If the gap between the two cars is predicted to decrease to a certain threshold within a specified time, the CAS may automatically engage the emergency brakes—such as those required in the European Union—without the driver's intervention.
  • To accomplish this, the CAS must be connected to the Back Car's braking system and capable of overriding the driver’s commands. It also needs to be linked to the car's speedometer and equipped with sensing technology like radar, lidar, or cameras with object recognition to track the Front Car
 
4. What is 'Kavach' System?
 
  • A recent series of train accidents in India has drawn attention to the slow rollout of ‘Kavach,’ the indigenous collision avoidance system (CAS) for Indian Railways. While Kavach shares the same basic functions as CAS in automobiles, the railway system's complexity makes its implementation more challenging.
  • Kavach consists of three key components: onboard systems, trackside infrastructure, and communication networks. These can be reclassified into three categories for clarity: computers, communications, and control.
  • Computers: There is a computer onboard each train, as well as two additional computers for station masters. One of these, known as the master computer, gathers and processes data from signals and interlocking points and sends its output to the locomotive computer. The other computer, the remote interface unit, also collects and processes information from various points on the railway network but transmits its data to the master computer rather than directly to the locomotive computer.
  • The locomotive computer receives data from two additional sources: (i) two Radio-Frequency Identification (RFID) readers mounted underneath the train, which scan RFID cards embedded in the tracks at fixed intervals to determine the train's location and track ID, and send this information to the onboard computer; (ii) communication between onboard computers of nearby locomotives.
  • Combined, this system enables communication between stations and train pilots, aids pilots in decision-making (even without visually spotting another train), regulates speed, issues alerts in areas with low visibility, and automatically applies emergency brakes when a collision is anticipated.
  • Communication: The remote interface unit transmits data to the master computer through fiber-optic cables. The master computer communicates with the locomotive computer via ultra-high frequency radio. The onboard computer uses GSM-Railway to interact with the overall network management system, which powers the Kavach CAS, and authenticates communications with nearby master computers and locomotive computers.
  • Control: Similar to cars, the onboard computer is linked to various parts of the locomotive, including the braking system and an alarm system to alert pilots. While operating the train, pilots use a specialized interface, such as a digital screen, to receive information from the computer and provide inputs. The station master has a similar interface with the capability to send emergency messages as needed
 
5. Does CAS help in ships and aircraft?
 
  • The Traffic Collision Avoidance System (TCAS) for aircraft also operates on a computer-communication-control framework similar to that used in trains. A crucial component of this system is the transponder, a device that responds when it receives a radio-frequency signal. By utilizing the transponders of other nearby aircraft, the host aircraft can generate a 3D view of the surrounding air traffic.
  • A key feature of aircraft CAS is the alert system. If another aircraft is detected to be on a potential collision course within 48 seconds, the system issues a traffic advisory, prompting the pilots to visually locate the other aircraft.
  • If the potential collision is less than 30 seconds away, the system escalates the alert, requiring the pilots to take action: they must report the situation to air traffic control and, if necessary, maneuver the aircraft to avoid the collision, even if this contradicts air traffic control’s instructions. Once the danger has passed, the pilots are expected to return the aircraft to its original course.
  • Additionally, aircraft may be equipped with radar altimeters to measure the distance to the ground, as well as systems to alert pilots to tall obstacles like towers and antennas.
  • Similar to aircraft and cars, ships use a combination of visual sightings and radar to avoid collisions. This process is supported by additional systems such as AIS (Automatic Identification System) and LRIT (Long Range Identification and Tracking). AIS involves land-based stations tracking data from transceivers on ships to determine their location, speed, and direction, and then transmitting this information back to the vessels.
  • LRIT requires ships on international voyages to report their location, local time, and onboard equipment status every six hours to the authorities of the country under whose flag they are sailing.
  • This data is then shared with other contracting governments and operators of search-and-rescue missions via the International LRIT Data Exchange, as mandated by the International Maritime Organization
6. Sattelites and CAS
 
  • An alternative to the transponder-based system for aircraft is the Automatic Dependent Surveillance-Broadcast (ADS-B) system. This technology gathers and processes information broadcasted by each aircraft through satellites to determine the relative position, heading, and speed of multiple aircraft. Similarly, ships can benefit from satellite-assisted Automatic Identification Systems (S-AIS) to track vessels that are out of range of land-based AIS stations.
  • The introduction of the U.S. Global Positioning System (GPS) revolutionized navigation and collision avoidance globally, with some countries enhancing it with their own systems to meet specific national requirements. For instance, India plans to use its NavIC satellite constellation to support road and railway traffic management.
  • In the Front Car + Back Car scenario, if the country has a GPS-tagged database of traffic elements like stop signs, turns, signals, and intersections, the CAS in the vehicles can be supplemented with GPS data.
  • Although civilian GPS accuracy is limited to about 10 meters, which is insufficient for collision avoidance systems, this limitation can be mitigated with differential GPS technology, which can enhance the accuracy to less than a meter
 
 
For Prelims: Automatic Train Protection (ATP) system, KAVACH System, Research Design and Standards Organisation (RDSO), Safety Integrity Level-­4 (SIL-­4) standards, Signal Passed at Danger (SPAD), Traffic collision avoidance system (TCAS), and Radio Frequency Identification (RFID).
For Mains: 1. The Indigenous train collision avoidance system also known as the automatic train protection system or Kavach, is to help the railways to achieve the goal of Zero Accidents. Comment.
 
Previous Year Questions

1.Consider the following communication technologies: (UPSC CSE 2022)

  1. Closed-circuit Television
  2. Radio Frequency Identification
  3. Wireless Local Area Network

Which of the above are considered Short-Range devices/technologies?

(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

Answer (d)

2.“Kavach” system introduced by Indian Railways is a/an ______(SSC CHSL Tier I 2023)

A.Insurance scheme for passengers

B.Automatic crossing system

C.Automatic Train Protection System

D.System to increase the speed of the trains

Answer (C)

Source: The Hindu

WAQF ACT

 
 
1. Context
 
On August 8 2024, the Union government introduced a Bill in the Lok Sabha to amend the 1995 Waqf Act (1995 Act). The proposed amendments seek to significantly reform the law by enhancing the Centre’s regulatory authority over waqf properties and, for the first time, permitting the inclusion of non-Muslim members in Waqf Boards. The draft legislation, proposed to be renamed the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 2024, is heralded by the government as a comprehensive overhaul aimed at enhancing “the efficiency of the administration and management of the waqf properties
 
2. India's Waqf Law
 
  • In Islamic law, a waqf refers to property dedicated to God for religious or charitable purposes. This can include any type of property, either movable or immovable, that is set aside for the benefit of the public, serving as an act of piety that enables Muslims to continue their charitable contributions even after death.
  • A waqf can be created through a formal document, or property may be recognized as waqf if it has been consistently used for religious or charitable purposes over time. The income generated from such properties is usually directed towards the upkeep of mosques, funding educational institutions, or aiding the needy.
  • Once a property is designated as waqf, it cannot be inherited, sold, or given away. Non-Muslims are also permitted to establish a waqf, provided the purpose aligns with Islamic values.
  • In India, waqfs are governed by the 1995 Act. The identification and delineation of waqf properties are carried out by a survey conducted by the State government.
  • A survey commissioner, appointed under this Act, identifies these properties through local inquiries, witness statements, and examination of public records. Once identified, the properties are listed in the State’s official gazette, and a record is maintained by the State Waqf Board.
  • Each waqf is managed by a mutawalli (caretaker) responsible for its administration. While waqfs are similar to trusts under the Indian Trusts Act of 1882, unlike trusts, waqfs cannot be dissolved by a Board
3. Functions and role of Waqf board
 
  • The 1995 Act creates Waqf Boards in each State, responsible for overseeing the management of waqf properties within their respective areas. These Boards are legally recognized entities, enabling them to initiate or face legal action.
  • Each State Waqf Board is led by a chairperson and includes one or two representatives from the State government, Muslim legislators, acknowledged Islamic scholars, and mutawallis (caretakers) of the waqfs.
  • The Act also requires the appointment of a full-time Chief Executive Officer for each Board, who must be a practicing Muslim and hold a rank equivalent to at least a Deputy Secretary in the State government.
  • The Waqf Board is empowered to manage waqf properties and undertake actions to reclaim lost assets. It also has the authority to approve the transfer of immovable waqf properties through sale, gift, mortgage, exchange, or lease, but such transactions require the consent of at least two-thirds of the Board members.
  • The 2013 amendments to the 1995 Act further enhanced the Board's powers, making it almost impossible to sell waqf properties, as neither the mutawalli nor the Board is permitted to sell such property.
  • In addition to the State Waqf Boards, the legislation also establishes the Central Waqf Council, a national advisory body under the Ministry of Minority Affairs.
  • This Council ensures consistent administration of waqf properties across the country and is chaired by the Union Minister of Minority Affairs.
  • The Council also advises the Union government on waqf-related matters, including policy formulation, implementation of waqf laws, and the resolution of inter-state disputes
4. Proposed Changes in the bill
 
  • The definition of ‘waqf’ has been revised under the new Bill. Now, only lawful property owners who have practiced Islam for at least five years are permitted to establish waqf properties through formal deeds.
  • This change eliminates the concept of ‘waqf by use,’ which allowed a property to be considered waqf based on its usage, even if the original deed was contested. Historically, waqf properties were often designated orally until formal documentation became more common.
  • To prevent fraudulent claims of waqf status, the Bill stipulates that any government property identified or declared as waqf, either before or after the enactment of this Act, will not be recognized as waqf property. The law also allows widows, divorced women, and orphans to benefit from waqf proceeds.
  • The responsibility for surveying waqf properties, previously handled by survey commissioners under the 1995 Act, will now be transferred to district collectors or officers of equivalent rank under the new Bill.
  • To enhance the accuracy of waqf property records, the Bill proposes the establishment of a centralized registration system. All information regarding waqf properties must be uploaded to this portal within six months of the law’s enactment, and any new waqf property registrations must be submitted through this portal to the Waqf Boards.
  • Additionally, the Bill removes section 40, which previously allowed waqf tribunals to determine whether a property qualifies as waqf. Instead, the district collector is now designated as the final authority on such matters.
  • Once a decision is made, the collector must update the revenue records and report to the State government. Importantly, the Bill states that the disputed property cannot be treated as waqf property until the collector submits a final report, meaning the Waqf Board cannot take control of the land until the government resolves the issue.
  • One of the most debated provisions in the Bill is the proposal to include non-Muslims in key waqf institutions, such as the Central Waqf Council, State Waqf Boards, and waqf tribunals.
  • The Bill authorizes the Centre to appoint three Members of Parliament (two from the Lok Sabha and one from the Rajya Sabha) to the Central Waqf Council without requiring them to be Muslims. Previously, under the 1995 Act, these MPs had to be from the Muslim community.
  • The new Bill also mandates that State Waqf Boards must include two non-Muslims and two women as members. The composition of waqf tribunals has been altered from a three-member body to a two-member body, consisting of a district judge and an officer of joint secretary rank to the State government.
  • The proposed law requires tribunals to resolve disputes within six months, with a possible six-month extension.
  • Furthermore, the Bill gives the Centre the authority to “direct the audit of any waqf at any time by an auditor appointed by the Comptroller and Auditor-General of India, or by any officer designated by the Central Government for that purpose.”
  • The Waqf Boards are required to audit their accounts annually, selecting auditors from a panel formed by the State governments. Mutawallis who fail to maintain proper accounts will face penalties.
  • The proposed law also allows courts to intervene in waqf disputes by removing the finality of waqf tribunal decisions, enabling aggrieved parties to appeal directly to the relevant High Court. This measure aims to increase judicial oversight and reduce instances of arbitrary power exercised by Waqf Boards or tribunals
5. Way forward
 
Following its introduction in Parliament, the Bill was sent to a joint parliamentary committee for further examination after the Congress-led INDIA bloc opposed the proposed legislation in its current form.
In March of the previous year, the Union government informed the Delhi High Court that nearly 120 petitions challenging various provisions of the 1995 Act are currently pending in courts across the country
 
 
 
 
For Prelims: Waqf board, Amendment process in Parliament
 
For Mains: GS II - Indian Governance
 
 
Source: The Hindu
 
KAVACH SYSTEM
 

1. Context

With the large-scale installation set to begin soon, this follows the approval of the advanced Kavach version 4.0 by the Research Designs and Standards Organisation (RDSO) 

2. What is Kavach System?

  • The KAVACH is an indigenously developed Automatic Train Protection (ATP) system by the Research Design and Standards Organisation (RDSO) in collaboration with the Indian industry.
  • The South Central Railway facilitated the trials to achieve safety in train operations across Indian Railways. It is a state­ of­ he­art electronic system with Safety Integrity Level-­4 (SIL-­4) standards.
  • It is meant to protect by preventing trains from passing the signal at Red (which marks danger) and avoiding collision.
  • It activates the train’s braking system automatically if the driver fails to control the train as per speed restrictions. In addition, it prevents the collision between two locomotives equipped with functional Kavach systems.
  • The system also relays SoS messages during emergencies. An added feature is
    the centralized live monitoring of train movements through the Network Monitor System.
  • ‘Kavach’ is one of the cheapest, SIL­4 certified technologies where the probability of error is 1 in 10,000 years. 
Source: The Hindu

3. The key feature of Kavach

  • One of its features is that by continuously refreshing a train's movement information, it can send out triggers when a loco pilot jumps signal, called Signal Passed at Danger (SPAD).
  • The devices also continuously relay the signals ahead to the locomotive, making it useful for loco pilots in low visibility, especially during dense fog.
  • It includes the key elements from already existing and tried and tested systems like the European Train Protection and Warning System, and the indigenous Anti Collison Device.
  • It will also carry features of the high-tech European Train Control System Level-2 in the future.
  • The current form of Kavach adheres to the highest level of safety and reliability standard called Safety Integrity Level 4.

4. How does Kavach work on Railway systems?

  • The Traffic collision avoidance system (TCAS), with the help of equipment on board the locomotive and transmission towers at stations connected to Radio Frequency Identification (RFID) tags, helps in two ­way communication between the station master and loco­pilot to convey any emergency message.
  • The instrument panel inside the cabin helps the loco­pilot know about the signal in advance without visual sighting and the permissible speeds to be maintained.
  • If a red signal is jumped and two trains come face to face on the same line, the technology automatically takes over and applies sudden brakes.
  • Additionally, the hooter activates by itself when approaching a level crossing which serves as a big boon to loco­pilots during fog conditions when visibility is low.

5. Kavach deployment strategy

  • Kavach implementation is being taken up in a focused manner by the Railway board.
  • The priority is the High-Density Routes and the New Delhi­Mumbai and New Delhi­Howrah Sections, as they have higher chances of accidents because the trains run closer to each other.
  • The second priority lines are the Highly Used Networks, the third ones are other Passenger High-Density Routes and the final priority is of course to cover all other routes.
  • The RDSO has approved three firms -Medha Servo Drives, HBL, and Kernex -for providing Kavach equipment with two more being in the pipeline.
  • Glitches about the vulnerability of a vehicle crossing a closed level crossing, stray cattle or boulders on track, radio communication issues in tunnels, and ghat sections have been tackled.

6. Significance of the Kavach System

  • The Kavach system will help prevent accidents on rail tracks like collisions of trains.
  • Once the system is activated, all trains within a 5-km range will halt to protect trains on adjacent tracks.
  • Currently, the loco-pilots or assistant loco-pilots have to look out for caution signs and signals. It will only cost Rs 50 lakh per kilometer to operate in comparison to about Rs 2 crore worldwide.
  • It will also include stationary equipment to gather signaling inputs and relay them to a central system to enable seamless communication with the train crew and stations.
For Prelims: Automatic Train Protection (ATP) system, KAVACH System, Research Design and Standards Organisation (RDSO), Safety Integrity Level-­4 (SIL-­4) standards, Signal Passed at Danger (SPAD), Traffic collision avoidance system (TCAS), and Radio Frequency Identification (RFID).
For Mains: 1. The Indigenous train collision avoidance system also known as the automatic train protection system or Kavach, is to help the railways to achieve the goal of Zero Accidents. Comment.
Source: The Hindu
 

CITIZENSHIP AMENDMENT ACT (CAA)

 
 
 
 
1. Context 
 
Twenty Sikhs from Afghanistan, part of the first group of Afghan Sikhs who had applied for citizenship online nearly 100 days ago, have been accorded citizenship under the Citizenship Amendment Act (CAA), 2019 in the past one week in New Delhi
 
 
2. About the Citizenship Amendment Act 2019

The Citizenship Amendment Act (CAA) of 2019 is a controversial piece of legislation enacted by the Government of India on December 12, 2019. The act amends the Citizenship Act of 1955 to provide a pathway to Indian citizenship for certain religious minorities from neighbouring countries.

Key features of the Citizenship Amendment Act include

  • Eligibility Criteria: The CAA grants eligibility for Indian citizenship to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian migrants who arrived in India from Afghanistan, Bangladesh, and Pakistan on or before December 31, 2014, and have faced religious persecution on their home countries.
  • Exclusion of Muslims: Notably, the CAA excludes Muslims from its purview, leading to criticisms of religious discrimination and accusations of violating the secular principles enshrined in the Indian Constitution.
  • Criticism and Protests: The Citizenship Amendment Act sparked widespread protests across India, with critics arguing that the act undermines the secular fabric of the nation and discriminates against Muslims. Protesters also raised concerns about the potential marginalisation of Muslim communities and the exclusionary nature of the legislation.
  • Support from Government: The government defended the Citizenship Amendment Act, asserting that it aims to provide refuge and protection to persecuted religious minorities from neighbouring countries. The government argued that the act does not infringe upon the rights of Indian Muslims and is in line with the country's secular ethos.
  • Legal Challenges: Several petitions challenging the constitutional validity of the Citizenship Amendment Act were filed in the Supreme Court of India. The court has heard arguments from both sides and is expected to deliver its judgment on the matter.
 
3. The current status of the Citizenship Amendment Act, of 2019
  • The Ministry of Home Affairs (MHA) on March 11 notified the Citizenship Amendment Rules, 2024 that would enable the implementation of the Citizenship Amendment Act (CAA) passed by the Parliament in 2019.
  • Though the legislation facilitates citizenship to undocumented people belonging to Hindu, Sikh, Buddhist, Parsi, Christian and Jain communities from Pakistan, Bangladesh and Afghanistan, the rules state that the applicants will have to provide six types of documents and specify “date of entry” in India.

 

4. The concerns associated with the Citizenship Amendment Act, of 2019

The Citizenship Amendment Act (CAA) of 2019 has sparked various concerns and criticisms, both domestically within India and internationally. 

  • One of the primary concerns regarding the CAA is its exclusion of Muslims from the list of religious minorities eligible for citizenship under the act. Critics argue that this selective approach based on religion goes against the secular principles enshrined in India's constitution and promotes religious discrimination.
  • The CAA's focus on granting citizenship based on religious identity raises concerns about the secular nature of India's democracy. Critics argue that the act undermines the inclusive and pluralistic ethos of the country by favouring specific religious communities.
  • Opponents of the CAA fear that the act, coupled with other proposed policies like the National Register of Citizens (NRC) and National Population Register (NPR), could have implications for the demographic composition of India. They raise concerns about the marginalisation and exclusion of certain communities, particularly Muslims, and the potential for statelessness among vulnerable populations.
  • The constitutionality of the Citizenship Amendment Act has been challenged in the Supreme Court of India. Critics argue that the act violates the fundamental rights guaranteed by the Indian Constitution, including the right to equality and non-discrimination.
  • The implementation of the CAA has led to social and political polarization within India. The act has become a contentious issue, leading to protests, debates, and divisions along religious and ideological lines.
  • The CAA has also attracted international attention and scrutiny, with concerns raised by human rights organizations and foreign governments regarding religious freedom, minority rights, and the potential impact on vulnerable communities.
 

5. The Indian ideas and rules of citizenship in the Constitution before the Citizenship Amendment Act (CAA), 2019

Before the enactment of the Citizenship Amendment Act (CAA) in 2019, the principles and rules of citizenship in India were primarily governed by the Constitution of India, which came into effect on January 26, 1950. The Constitution lays down the framework for citizenship and enshrines certain fundamental rights and principles related to citizenship. 

  • Citizenship by Birth: According to Article 5 of the Indian Constitution, any person born in India on or after January 26, 1950, but before July 1, 1987, was automatically considered a citizen of India by birth, regardless of the nationality of their parents.
  • Citizenship by Descent: Individuals born outside India on or after January 26, 1950, but before July 1, 1987, were eligible for Indian citizenship if either of their parents was a citizen of India at the time of their birth.
  • Citizenship by Registration: The Constitution provides provisions for certain categories of persons to acquire Indian citizenship through registration. This includes persons of Indian origin who have resided in India for a specified period and meet other criteria prescribed by law.
  • Citizenship by Naturalization: Foreigners who have resided in India for a specified period and fulfilled other conditions prescribed by law were eligible to apply for Indian citizenship through naturalization.
  • Citizenship by Incorporation of Territory: Any territory that became part of India through accession or merger automatically conferred Indian citizenship on its inhabitants as per the provisions of the Constitution.
  • Fundamental Rights: The Constitution guarantees certain fundamental rights to all citizens of India, regardless of their religion, ethnicity, or place of birth. These rights include the right to equality, freedom of speech and expression, freedom of religion, and the right to life and personal liberty.
  • Citizenship Act, 1955: This act, enacted based on the Constitution's provisions, outlined ways to acquire Indian citizenship. Here are the main routes:

    • Birth: Being born in India (with some limitations) granted citizenship.
    • Descent: Children born to Indian parents abroad could become citizens.
    • Registration: People of Indian origin residing in India for seven years could register.
    • Naturalization: Foreigners meeting specific residency requirements could apply for naturalization.

The Indian Constitution before the Citizenship Amendment Act (CAA) of 2019 outlined principles of citizenship that were based on inclusivity, equality, and non-discrimination, with provisions for acquiring citizenship through birth, descent, registration, naturalization, and territorial incorporation. The CAA introduced amendments to these principles, particularly regarding eligibility for citizenship based on religious identity.

 

6. Section 6A of the Citizenship Act

Section 6A is a special provision inserted into the Indian Citizenship Act, 1955, in 1985, as part of the Assam Accord. It deals with the citizenship of people who migrated to Assam from Bangladesh:

  • It applies to people who entered Assam on or after January 1, 1966, but before March 25, 1971.
  • It grants citizenship to these people if they can prove that they were "ordinarily resident" in Assam on March 24, 1971.
  • People who claim citizenship under Section 6A must apply to a Foreigners Tribunal. The Tribunal will then decide whether or not to grant them citizenship based on the evidence they provide.

 

7. What does NRC mean?

  • NRC stands for the National Register of Citizens. It is a register maintained by the Government of India containing names and certain relevant information for the identification of Indian citizens in the state of Assam.
  • The purpose of the NRC is to create a list of genuine Indian citizens residing in Assam and identify individuals who are not legal residents of the state.
  • The NRC process in Assam has its origins in the Assam Accord of 1985, which aimed to address the issue of illegal immigration from Bangladesh and determine the citizenship status of individuals living in Assam.
  • The NRC process requires individuals to provide documentary evidence to prove their citizenship based on criteria set by the government.
  • The NRC process involves extensive documentation and verification to establish citizenship status, and it has been a contentious issue due to its impact on individuals' rights and concerns about exclusion and discrimination.
  • The implementation of the NRC in Assam has led to debates, legal challenges, and social tensions regarding citizenship and immigration issues in India.
 

8. What is NPR?

  • NPR stands for the National Population Register. It is a register of usual residents of India, which includes both citizens and non-citizens who have resided in a local area for at least six months or intend to stay for the next six months or more.
  • The NPR is prepared at the local, sub-district, district, state, and national levels under the provisions of the Citizenship Act, 1955, and the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003.
  • The main purpose of the NPR is to create a comprehensive identity database of residents in India. It collects demographic and biometric information to establish the identity of individuals and households.
  • The data collected in the NPR includes details such as name, age, gender, marital status, occupation, educational qualification, address, and other relevant information.
  • The NPR process involves house-to-house enumeration and collection of data by government officials or designated enumerators. The data collected is used for various purposes, including government planning, policy formulation, and social welfare schemes.
  • It's important to note that the NPR is distinct from the National Register of Citizens (NRC). While the NPR focuses on creating a comprehensive database of residents, the NRC specifically deals with determining the citizenship status of individuals, particularly in the state of Assam, based on documentary evidence.
  • The NPR has been a topic of discussion and debate in India, with concerns raised about privacy, data security, and potential misuse of information.

 

9. The difference between the NRC, NPR and CAA 

 

Term Description Purpose Focus
NRC (National Register of Citizens) Register of Indian citizens in Assam Identify legal residents and non-citizens Citizenship status in Assam
NPR (National Population Register) Register of usual residents (citizens and non-citizens) Create a comprehensive identity database Residents of India for planning purposes
CAA (Citizenship Amendment Act) Law providing path to citizenship for religious minorities Grant citizenship based on religion and persecution

Specific religious minorities facing persecution

 

10. Is NPR connected to NRC?

The NPR (National Population Register) is connected to the NRC (National Register of Citizens) in the sense that the data collected during the NPR exercise can be used as a basis for the NRC verification process, especially in the context of Assam.

  1. Data Collection: The NPR involves collecting demographic and biometric information about residents of India, including both citizens and non-citizens who have lived in a local area for at least six months or intend to stay for the next six months or more. This data includes details such as name, age, gender, address, marital status, educational qualification, occupation, etc.

  2. Verification: The data collected during the NPR process can be used as a basis for verifying citizenship during the NRC process, particularly in Assam. In Assam, the NRC process requires individuals to provide documentary evidence to prove their citizenship based on certain criteria. The data from NPR can be cross-referenced during this verification process.

  3. Identification: The NPR data can help identify individuals who are considered genuine Indian citizens and those who may be considered doubtful citizens or non-citizens. This identification is crucial for the NRC process, especially in states like Assam where illegal immigration has been a longstanding issue.

While the NPR data can be used as a tool for verification during the NRC process, it's important to note that the NPR itself is not the same as the NRC. The NPR focuses on creating a comprehensive population database for administrative and planning purposes, while the NRC specifically deals with determining citizenship status, particularly in Assam, based on documentary evidence and verification.

 

11. Who are ‘Citizens’?

In general terms, citizens are individuals who hold citizenship in a particular country. Citizenship is a legal status that grants individuals certain rights, privileges, and responsibilities within the nation-state to which they belong. The concept of citizenship varies across different countries, but some common characteristics of citizenship include.

  1. Legal Recognition: Citizens are legally recognized members of a country or state. They are entitled to the protection of the state and have access to its legal system.
  2. Rights and Privileges: Citizens typically enjoy certain rights and privileges that non-citizens may not have, such as the right to vote, the right to work and reside in the country, access to social services, and the right to participate in the political process.
  3. Responsibilities: Along with rights and privileges, citizenship also entails certain responsibilities, such as obeying the laws of the country, paying taxes, serving on juries if called upon, and sometimes participating in military service.
  4. National Identity: Citizenship often involves a sense of national identity and belonging to a particular community or nation. This can include shared cultural, historical, and linguistic ties that bind citizens together.
  5. Acquisition and Loss: Citizenship can be acquired through birth (jus soli or jus sanguinis), naturalization, or descent from a citizen parent. It can also be lost or renounced voluntarily or involuntarily, depending on the laws of the country.
 
12. The Way Forward
 
By adopting the strategies, stakeholders can work towards addressing concerns related to the Citizenship Amendment Act, promoting inclusivity, protecting minority rights, and upholding democratic values in India's citizenship policies and practices.
 
 
For Prelims: Citizenship Amendment Act, Minorities, Secularism, NPR, NRC, 
For Mains: 
1. The Citizenship Amendment Act (CAA) of 2019 has sparked significant controversy in India. Critically examine the Act's provisions, highlighting the key concerns and potential implications. In your opinion, does the CAA violate the secular principles enshrined in the Indian Constitution? (250 words)
2. Considering the debates surrounding the CAA, critically analyze the concept of citizenship in India. How has the concept evolved, and what are the challenges in defining and managing citizenship in a diverse democracy like India? (250 words)
 
 
Previous Year Questions

Consider the following statements: (2018)

1. Aadhaar card can be used as a proof of citizenship or domicile.
2. Once issued, the Aadhaar number cannot be deactivated or omitted by the Issuing Authority.

Which of the statements given above is/are correct?

(a) 1 only       (b) 2 only          (c) Both 1 and 2           (d) Neither 1 nor 2

 

2. What is the position of the Right to Property in India? (UPSC  2021)

(a) Legal right available to citizens only
(b) Legal right available to any person
(c) Fundamental Rights available to citizens only
(d) Neither Fundamental Right nor legal right

 

3.  With reference to the Delimitation Commission, consider the following statements: (UPSC 2012)
1. The orders of the Delimitation Commission cannot be challenged in a Court of Law.
2. When the orders of the Delimitation Commission are laid before the Lok Sabha or State Legislative Assembly, they cannot effect any modifications in the orders.
Which of the statements given above is/are correct? 
A. 1 only             B. 2 only           C. Both 1 and 2               D. Neither 1 nor 2
 
 
4. Barak Valley in Assam is famous for which among the following? (MSTET 2019)
A.  Bamboo Industry
B. Petroleum Production
C. Cottage Industries
D. Tea Cultivation
 
 
5. Which one of the following is an important crop of the Barak Valley? (Karnataka Civil Police Constable 2019)
A. Sugarcane           B.  Jute            C. Tea                    D. Cotton
 
 
6. Under Assam Accord of 1985, foreigners who had entered Assam before March 25, _____ were to be given citizenship.  (DSSSB JE & Section Officer 2022)
A. 1954           B. 1971         C.  1981           D. 1966
 
Answers: 1-D, 2-B, 3-C, 4-D, 5-B, 6-B
 
Source: The Indian Express
 

SEBI

1. Context 

New York-based Hindenburg Research has released a new set of documents to substantiate its accusation that the ongoing investigation into insider trading and other stock market violations by the Adani Group by India’s financial regulator — the Securities and Exchange Board of India (SEBI) — is compromised

2. Need for Review

  • The Central Premise of the proposal is to ensure timely disclosure of significant events that may have a bearing on the price of a scrip.
  • SEBI notes that while regulatory actions against non-disclosure of events do act as a deterrent for listed entities to withhold details of material events or information, timely disclosure is still very important.
  • SEBI also seeks to ensure unverified rumours do not shake investor confidence and affect decision-making.
  • Listed entities have sought that the regulator institute a certain uniformity in its guidance for disclosures to help them better determine what constitutes a material event or information.
  • In a related context, the market regulator pointed to provisions that require companies to put forth specific and adequate replies to all rumour verification queries raised by the exchanges.
  • This could be concerning certain information circulating on social media or any other platform.
  • It proposes entities should confirm or deny any such reported event or information.

3. Proposed Disclosures

  • The Proposed measures are directed towards preventing any false market sentiment or impact on the securities of a company.
  • Recognising the "growing influence" of print, television and digital news media, it argues that companies to keep and ensure that any rumours are verified or refuted.
  • Thus, it is proposed that the top 250 listed entities, based on market capitalisation at the end of the previous assessment year, would have to deny or refute such rumours.
It proposes companies disclose all information whose expected impact in terms of value exceeds 2 per cent of either its turnover or net worth as per the last audited financial statement or 5 per cent of the three-year average of the absolute value of profit/ loss after tax.
 
  • To avoid information asymmetry, SEBI has proposed that the listed entities need to also disseminate any communication with regards to the company made by its directors, promoters, key managerial personnel or senior management individually and not through the company.
  • It recognises that it is difficult for an investor to keep track of multiple newsworthy announcements from diverse avenues.
  • To this effect, it proposes that companies inform about any rating actions, even if it was not requested by the company or if a request was withdrawn.
Further, companies also need to disclose any actions initiated by a regulatory, statutory, enforcement or judicial authority against any of its directors, key managerial personnel, senior management, promoter or subsidiary about the entity.
These may include investigation, suspension, imposition of penalty or fine, settlement of proceedings, debarment, sanctions, warnings, search, seizure and default on the payment of fines, penalties and dues among others.
 
  • The mentioned measure would thus prevent information asymmetry as it would streamline access to verified information.

4. Material Importance

  • The material importance of key personnel, senior management and directors to investors.
  • They instil confidence in the functioning and affairs of the company.
  • To this effect, it proposes that entities inform the exchange about their resignations within seven days.
  • Along similar lines, companies must also disclose if the MD/CEO is not available to discharge their duties for greater than a month.

5. Are timelines being revised?

  • The regulator observed that there was a need for quicker disclosure of material events since information permeates very fast on social media and digital media.
  • It makes a note of several instances where the disclosures were made only after the news had already circulated in the media.
  • At times, the information was disclosed only after the exchange raised a query to the company.
  • Therefore, SEBI proposes that disclosures about events or information emanating from within the company be made within twelve hours instead of the existing mandate of twenty-four hours.
  • To cut-off remains unchanged for events emanating from external occurrences.
  • Moreover, all decisions taken in Board of Directors meetings are to be disclosed within thirty minutes from when it concludes.
  • Companies must also inform two days in advance if any investor or analyst meeting is scheduled.
6. SECURITIES AND EXCHANGE BOARD OF INDIA

6.1. Background

  • Before SEBI came into existence, the Controller of Capital Issues was the regulatory authority; it derived authority from the Capital Issues (Control) Act, of 1947.
  • In April 1988 the SEBI was constituted as the regulator of capital markets in India under a resolution of the Government of India.
  • Initially SEBI was a non-statutory body without any statutory power.
  • It became autonomous and given statutory powers by SEBI Act 1992.

6.2. Structure of SEBI

  • SEBI Board consists of a Chairman and several other whole-time and part-time members.
  • SEBI also appoints various committees, whenever required to look into the pressing issues of that time.
  • Further, a Securities Appellate Tribunal (SAT) has been constituted to protect the interest of entities that feel aggrieved by SEBI’s decision.
  • SAT consists of a Presiding Officer and two other
  • It has the same powers as vested in a civil court. Further, if any person feels aggrieved by SAT’s decision or order can appeal to the Supreme Court.

6.3. Aims associated with SEBI

  • To protect the interests of investors in securities and to promote the development of, and regulate the securities market.
  • It is the regulator of the securities and commodity market in India owned by the Government of India.

6.4. Functions

  • SEBI is primarily set up to protect the interests of investors in the securities market.
  • It promotes the development of the securities market and regulates the business.
  • SEBI provides a platform for stockbrokers, sub-brokers, portfolio managers, investment advisers, share transfer agents, bankers, merchant bankers, trustees of trust deeds, registrars, underwriters, and other associated people to register and regulate work.
  • It regulates the operations of depositories, participants, custodians of securities, foreign portfolio investors, and credit rating agencies.
  • It prohibits insider trading, i.e. fraudulent and unfair trade practices related to the securities market.
  • It ensures that investors are educated on the intermediaries of securities markets.
  • It monitors substantial acquisitions of shares and take-over of companies.
  • SEBI takes care of research and development to ensure the securities market is efficient at all times.

6.5. Powers of SEBI

  • Quasi-Judicial: SEBI has the authority to deliver judgements related to fraud and other unethical practices in terms of the securities market. This helps to ensure fairness, transparency, and accountability in the securities market. 
  • Quasi-Executive: SEBI is empowered to implement the regulations and judgements made and to take legal action against the violators. It is also authorized to inspect Books of accounts and other documents if it comes across any violation of the regulations. 
  • Quasi-Legislative: SEBI reserves the right to frame rules and regulations to protect the interests of the investors. Some of its regulations consist of insider trading regulations, listing obligations, and disclosure requirements. These have been formulated to keep malpractices at bay. Despite the powers, the results of SEBI’s functions still have to go through the Securities Appellate Tribunal and the Supreme Court of India.

6.6. Other Powers and Functions of SEBI

  • SEBI is a quasi-legislative and quasi-judicial body which can draft regulations, conduct inquiries, pass rulings and impose penalties.
  • It functions to fulfil the requirements of three categories –
    • Issuers By providing a marketplace in which the issuers can increase their finance.
    • Investors By ensuring the safety and supply of precise and accurate information.
    • Intermediaries By enabling a competitive professional market for intermediaries.
  • By Securities Laws (Amendment) Act, 2014, SEBI is now able to regulate any money pooling scheme worth Rs. 100 cr. or more and attach assets in cases of non-compliance.
  • SEBI Chairman has the authority to order “search and seizure operations”. SEBI board can also seek information, such as telephone call data records, from any persons or entities concerning any securities transaction being investigated by it.
  • SEBI perform the function of registration and regulation of the working of venture capital funds and collective investment schemes including mutual funds.
  • It also works for promoting and regulating self-regulatory organizations and prohibiting fraudulent and unfair trade practices relating to securities markets.

For Prelims 

For Prelims: SEBI, SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015, market rumours,
 
Source: The Hindu
 
 

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