UNLAWFUL ACTIVITIES (PREVENTION) ACT (UAPA)
1. Context
The Supreme Court held that bail should be granted if a case is made out for personal liberty even if the offence is one under the draconian Unlawful Activities Prevention Act (UAPA)
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
CRITICAL MINERALS
1. Context
India has started negotiating with the United Kingdom (UK) to expand critical minerals collaboration under the newlysigned UKIndia Technology Security Initiative (TSI).As part of these negotiations, the British High Commissioner to India, Lindy Cameron, met officials from the Ministry of Mines last week to explore ways to enhance cooperation
2. What are Critical Minerals?
Critical minerals are raw materials that are essential for economic and national security, but whose supply may be at risk due to geological scarcity, geopolitical issues, trade policy, or other factors
Critical minerals are typically defined by governments or organizations based on their importance to the economy and the potential risks to their supply
- Rare Earth Elements (REEs): neodymium, dysprosium, terbium
- Lithium
- Cobalt
- Graphite
- Gallium
- Indium
- Tungsten
- Platinum Group Metals (PGMs)
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3. Why are critical minerals important?
- Minerals such as copper, lithium, nickel, and cobalt, along with certain rare earth elements, are considered critical due to their essential role in the global transition to greener and cleaner energy sources.
- According to the International Energy Agency (IEA), the demand for lithium surged by 30% in 2023, with nickel, cobalt, graphite, and rare earth elements experiencing growth between 8% and 15%, collectively valued at $325 billion.
- The IEA's Global Critical Minerals Outlook 2024 report indicates that achieving the world's goal of limiting global warming to 1.5 degrees Celsius within a net-zero emissions framework will necessitate a significant increase in demand for these minerals.
- By 2040, copper demand is projected to rise by 50%, nickel, cobalt, and rare earth elements by 100%, graphite by 300%, and lithium by 800%, which is vital for battery production.
- Developing sustainable supply chains for these minerals is therefore crucial. In India, the absence of readily available reserves has led to complete import dependence for minerals such as lithium, cobalt, and nickel.
4. What is being done to spur production?
- Although India possesses natural reserves of several critical minerals, they remain largely unexplored and untapped. For example, despite holding 11% of the world's ilmenite deposits, which is the primary source of titanium dioxide used in numerous applications, India still imports a billion dollars' worth of titanium dioxide annually, as noted by former Mines Secretary Vivek Bharadwaj.
- Additionally, the "lucky" discovery of lithium reserves in the Union Territory of Jammu and Kashmir (J&K) by the Geological Survey of India (GSI) while exploring for limestone has raised hopes for achieving some level of self-sufficiency in lithium. Announced in February as India's first lithium find, these reserves are estimated at 5.9 million tonnes, prompting the government to expedite their extraction.
- Recognizing the risks of relying on a limited number of countries for these minerals and their processing, the central government amended the Mines and Minerals (Development and Regulation) Act, 1957 in August 2023 to allow mining concessions for 24 critical and strategic minerals.
5. Way Forward
The list of what's considered "critical" can vary by country and change over time based on technological developments and geopolitical situations. The management of critical minerals is an ongoing challenge that requires balancing economic needs, environmental concerns, and geopolitical realities
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For Prelims: Critical minerals, Ministry of Mines, carbon emissions, cleaner energy, lithium, cobalt, nickel, graphite, tin, copper, Selenium, Cadmium, Centre of Excellence on critical minerals, Australia's CSIRO, Geological Survey of India,
For Mains:
1. What are critical minerals? Discuss their significance for a country's economic development and national security. Explain how the identification of critical minerals helps in reducing import dependency and ensuring resource security. (250 Words)
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Previous Year Questions
1. With reference to the mineral resources of India, consider the following pairs: (UPSC 2010)
Mineral 90%Natural sources in
1. Copper Jharkhand
2. Nickel Orissa
3. Tungsten Kerala
Which of the pairs given above is/are correctly matched?
A. 1 and 2 only B. 2 only C. 1 and 3 only D. 1, 2 and 3
Answer: B
2. Recently, there has been a concern over the short supply of a group of elements called 'rare earth metals.' Why? (UPSC 2012)
1. China, which is the largest producer of these elements, has imposed some restrictions on their export.
2. Other than China, Australia, Canada and Chile, these elements are not found in any country. 3. Rare earth metals are essential for the manufacture of various kinds of electronic items and there is a growing demand for these elements.
Which of the statements given above is/are correct?
A. 1 only B. 2 and 3 only C. 1 and 3 only D. 1, 2 and 3
Answer: C
3. In India, what is the role of the Coal Controller's Organization (CCO)? (UPSC 2022)
1. CCO is the major source of Coal Statistics in Government of India.
2. It monitors progress of development of Captive Coal/Lignite blocks.
3. It hears any objection to the Government's notification relating to acquisition of coal-bearing areas.
4. It ensures that coal mining companies deliver the coal to end users in the prescribed time. Select the correct answer using the code given below:
A. 1, 2 and 3 B. 3 and 4 only C. 1 and 2 only D. 1, 2 and 4
Answer: A
4. Which of the following statements best describes the term 'Social Cost of Carbon'? It is a measure, in monetary value, of the (UPSC 2020)
A. long-term damage done by a tonne of CO2 emission in a given year.
B. requirement of fossil fuels for a country to provide goods and services to its citizens, based on the burning of those fuels.
C. efforts put in by a climate refugee to adapt to live in a new place.
D. contribution of an individual person to the carbon footprint on the planet Earth.
Answer: A
5. Direction: It consists of two statements, one labelled as ‘Statement (I)’ and the others as ‘Statement (II)’. You are to examine these two statements carefully and select the answer using the codes given below: (UPSC ESE 2018)
Statement (I): Green energy refers to one which does not harm the ecosystem of planet earth. Statement (II): All renewable energy is green energy.
A. Both Statement (I) and Statement (II) individually true and Statement (II) is the correct explanation of Statement (I)
B. Both statement (I) and Statement (II) are individually true, but Statement (II) is not the correct explanation of Statement (I)
C. Statement (I) is true, but Statement (II) is false
D. Statement (I) is false, but Statement (II) is true
Answer: C
6. Which type of battery is used in the recently launched world's first fully electric cargo ship by change? (Delhi Police Constable 2017)
A. Lead Acid B. Manganese C. Lithium ion D. Nickel metal hydride
Answer: C
7. White gold is an alloy of (UPSC CAPF 2022)
A. gold, nickel and palladium
B. gold, cobalt and palladium
C. gold, titanium and platinum
D. gold, magnesium and palladium
Answer: A
8. Graphene is frequently in news recently. What is its importance? (UPSC 2012)
1. It is a two-dimensional material and has good electrical conductivity.
2. It is one of the thinnest but strongest materials tested so far.
3. It is entirely made of silicon and has high optical transparency.
4. It can be used as 'conducting electrodes' required for touch screens, LCDs and organic LEDs. Which of the statements given above are correct?
A. 1 and 2 only B. 3 and 4 only C. 1, 2 and 4 only D. 1, 2, 3 and 4
Answer: C
9. Graphite and diamonds are__________. (WBCS Prelims 2020)
A. isotopes B. isomers C. isotones D. allotropes
Answer: D
10. Consider the following statements: (UPSC 2020)
1. Coal ash contains arsenic, lead and mercury.
2. Coal-fired power plants release sulphur dioxide and oxides of nitrogen into the environment. 3. High ash content is observed in Indian coal.
Which of the statements given above is/are correct?
A. 1 only B. 2 and 3 only C. 3 only D. 1, 2 and 3
Answer: D
11. Which of the following can be found as pollutants in the drinking water in some parts of India? (UPSC 2013)
1. Arsenic
2. Sorbitol
3. Fluoride
4. Formaldehyde
5. Uranium
Select the correct answer using the codes given below.
A. 1 and 3 only B. 2, 4 and 5 only C. 1, 3 and 5 only D. 1, 2, 3, 4 and 5
Answer: C
12. In the context of solving pollution problems, what is/are the advantage/advantages of the bioremediation technique? (UPSC 2017)
1. It is a technique for cleaning up pollution by enhancing the same biodegradation process that occurs in nature.
2. Any contaminant with heavy metals such as cadmium and lead can be readily and completely treated by bioremediation using microorganisms.
3. Genetic engineering can be used to create microorganisms specifically designed for bioremediation.
Select the correct answer using the code given below:
A. 1 only B. 2 and 3 only C. 1 and 3 only D. 1, 2 and 3
Answer: C
13. Due to improper/indiscriminate disposal of old and used computers or their parts, which of the following are released into the environment as e-waste? (UPSC 2013)
1. Beryllium
2. Cadmium
3. Chromium
4. Heptachlor
5. Mercury
6. Lead
7. Plutonium
Select the correct answer using the codes given below.
A. 1, 3, 4, 6 and 7 only B. 1, 2, 3, 5 and 6 only
C. 2, 4, 5 and 7 only D. 1, 2, 3, 4, 5, 6 and 7
Answer: B
14. When was the Geological Survey of India (GSI) of India founded? (UPRVUNL Staff Nurse 2021)
A. 1851 B. 1951 C. 1871 D. 1931
Answer: A
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Source: The Hindu
INTERNATIONAL LABOUR ORGANISATION (ILO)
1. Context
With cotton still figuring in the list of commodities that are produced using practices such as child labour, the Confederation of Indian Textile Industry (CITI) has entered into an understanding with the International Labour Organisation (ILO) to create awareness, share technical knowhow and knowledge about better labour standards.These standards, which are part of ILO Fundamental Principles and Rights to Work (FPRW), will be tried on a pilot basis in major cottongrowing districts of Madhya Pradesh for one year starting in 2024
2. What is the International Labour Organisation (ILO)?
- The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. Founded in October 1919 under the League of Nations, it is one of the first and oldest specialised agencies of the UN
- The ILO has 187 member states: 186 out of 193 UN member states plus the Cook Islands. It is headquartered in Geneva, Switzerland, with around 40 field offices around the world, and employs some 3,381 staff across 107 nations, of whom 1,698 work in technical cooperation programmes and project
- Unlike other United Nations specialized agencies, the International Labour Organization (ILO) has a tripartite governing structure that brings together governments, employers, and workers of 187 member States, to set labour standards, develop policies and devise programmes promoting decent work for all women and men.
- The structure is intended to ensure the views of all three groups are reflected in ILO labour standards, policies, and programmes, though governments have twice as many representatives as the other two groups
3. What is the History behind the Establishment?
The establishment of the International Labour Organisation (ILO) in 1919 is rooted in the historical context of the early 20th century, marked by significant social, economic, and political changes.
Here is a detailed overview of the history behind its establishment:
- The late 18th and 19th centuries saw the rise of the Industrial Revolution, which brought about profound changes in the nature of work. While industrialization led to economic growth, it also resulted in poor working conditions, long hours, child labor, and inadequate wages for workers. The social consequences of these changes highlighted the need for labor reform.
- By the late 19th century, labor movements and social reformers across Europe and North America were advocating for better working conditions, workers' rights, and social justice. These movements were influential in shaping public opinion and policy towards labor issues.
- Before the ILO's establishment, there were several international congresses and conferences focused on labor issues. For instance, the International Association for Labour Legislation was founded in 1900, aiming to harmonize labor laws across countries. These early efforts demonstrated a growing recognition of the need for international cooperation on labor standards.
- The First World War (1914-1918) had devastating social and economic effects, exacerbating labor issues and highlighting the interconnectedness of nations. The war underscored the importance of international cooperation in promoting peace and social stability.
- Following the end of World War I, the Versailles Peace Conference was convened in 1919 to negotiate the terms of peace and to address the causes of conflict. One of the key issues recognized was the need for improved labor conditions to ensure lasting peace.
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Treaty of Versailles: The ILO was established as part of the Treaty of Versailles, which formally ended World War I. The inclusion of labor provisions in the treaty reflected the recognition that social justice and decent working conditions were essential for international peace and stability.
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Founding Principles: The ILO's Constitution, included in the Treaty of Versailles, was based on the belief that universal peace can only be established if it is based on social justice. It set forth several key principles:
- Labor should not be regarded merely as a commodity or article of commerce.
- The right to association and the right to collective bargaining should be recognized.
- Working conditions should be humane, ensuring adequate living wages, reasonable hours, and protection against sickness, disease, and injury.
- Special protection should be afforded to children, young persons, and women.
4. What is the Organisational Structure of ILO?
The International Labour Organisation (ILO) has a distinctive organizational structure designed to ensure representation and participation from governments, employers, and workers. This tripartite structure is central to its functioning and decision-making processes. Here's a detailed overview of the ILO's organizational structure:
International Labour Conference (ILC)
- Role: The ILC is the ILO's supreme decision-making body, often referred to as the "world parliament of labour."
- Functions: It meets annually to set the broad policies of the ILO, adopt international labor standards (Conventions and Recommendations), and approve the ILO's work program and budget.
- Composition: The ILC is composed of representatives from each member state, with a tripartite delegation:
- Government Delegates: Two representatives per member state.
- Employer Delegates: One representative per member state.
- Worker Delegates: One representative per member state.
5. What are the Functions of the ILO?
The International Labour Organisation (ILO) performs a wide range of functions aimed at promoting social justice and internationally recognized human and labour rights.
Here are the key functions of the ILO:
- The ILO develops and adopts international labour standards in the form of Conventions and Recommendations. These standards cover a wide array of labour issues, including workers' rights, working conditions, social protection, and occupational safety and health.
- Member states can ratify these Conventions, committing themselves to adhere to the standards. The ILO monitors compliance and provides guidance on implementation.
- The ILO promotes fundamental principles and rights at work, such as freedom of association, the right to collective bargaining, the elimination of forced and child labour, and the elimination of discrimination in employment.
- It provides technical assistance to countries to help them create and enforce laws and policies that uphold these rights.
- The ILO supports initiatives aimed at creating more and better jobs, especially for vulnerable groups such as youth, women, and persons with disabilities
- It promotes vocational training and skills development to enhance employability and adaptability in the labor market
- Encourages entrepreneurship and the development of small and medium-sized enterprises (SMEs) as a means to generate employment.
6.What are the Core Conventions of the ILO?
The International Labour Organisation (ILO) has identified eight Conventions as "fundamental" or "core" Conventions. These Conventions cover fundamental principles and rights at work and are considered crucial for ensuring decent work and social justice. The ILO's core Conventions are:
Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)
- Adoption: 1948
- Purpose: Protects the right of workers and employers to form and join organizations of their own choosing without prior authorization.
- Key Provisions: Ensures that workers and employers can organize freely and prohibits interference by public authorities.
2Right to Organise and Collective Bargaining Convention, 1949 (No. 98)
- Adoption: 1949
- Purpose: Provides protection against anti-union discrimination and promotes collective bargaining.
- Key Provisions: Protects workers from dismissal or prejudice due to union membership and activities, and promotes voluntary negotiation between employers and workers' organizations.
Forced Labour Convention, 1930 (No. 29)
- Adoption: 1930
- Purpose: Aims to suppress the use of forced or compulsory labor in all its forms.
- Key Provisions: Requires the abolition of all forms of forced or compulsory labor, with exceptions for military service, normal civic obligations, and certain emergencies.
Abolition of Forced Labour Convention, 1957 (No. 105)
- Adoption: 1957
- Purpose: Complements Convention No. 29 by prohibiting the use of any form of forced labor as a means of political coercion, labor discipline, punishment for participation in strikes, or discrimination.
- Key Provisions: Mandates the elimination of forced labor for political purposes, economic development, labor discipline, punishment for strikes, and racial, social, national, or religious discrimination.
Minimum Age Convention, 1973 (No. 138)
- Adoption: 1973
- Purpose: Establishes a minimum age for admission to employment to ensure that children are not employed in work that is harmful to their health or development.
- Key Provisions: Sets the general minimum age for employment at not less than the age of completion of compulsory schooling and, in any case, not less than 15 years (13 for light work, 18 for hazardous work).
Worst Forms of Child Labour Convention, 1999 (No. 182)
- Adoption: 1999
- Purpose: Urges immediate and effective measures to prohibit and eliminate the worst forms of child labor.
- Key Provisions: Defines the worst forms of child labor, including slavery, trafficking, forced labor, prostitution, and involvement in armed conflict. Calls for urgent action to eliminate these practices.
Equal Remuneration Convention, 1951 (No. 100)
- Adoption: 1951
- Purpose: Promotes equal remuneration for men and women workers for work of equal value.
- Key Provisions: Mandates the principle of equal pay for equal work, requiring member states to ensure that wage discrimination based on sex is eliminated.
Discrimination (Employment and Occupation) Convention, 1958 (No. 111)
- Adoption: 1958
- Purpose: Aims to eliminate discrimination in employment and occupation.
- Key Provisions: Prohibits discrimination on the basis of race, color, sex, religion, political opinion, national extraction, or social origin, and promotes equal opportunity and treatment in employment.
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For Prelims: GS III- Economy, ILO
For Mains: GS-III: Economy
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Source: Indianexpress
ECO SENSITIVE ZONE(ESZ)
1.Context
The Centre’s expert panel — tasked with finalising the extent of eco-sensitive areas (ESA) in the Western Ghats — has received submissions broadly based on old ground truthing surveys carried out by states governments
2. Eco-Sensitive Zone
- As per the National Wildlife Action Plan (2002-2016), issued by the Union Ministry of Environment, Forest and Climate Change, land within 10 km of the boundaries of national parks and wildlife sanctuaries is to be notified as eco-fragile zones or Eco-Sensitive Zones (ESZ).
- While the 10-km rule is implemented as a general principle, the extent of its application can vary.
- Areas beyond 10 km can also be notified by the Union government as ESZs, if they hold larger ecologically important “sensitive corridors.”
1.1 Eco-Sensitive Zone (ESZ)
- The Eco-Sensitive Zone (ESZ) are areas in India notified by the Ministry of Environment, Forest and Climate Change (MoEFCC), GoI around Protected Areas, National Park and Wildlife sanctuaries.
- Purpose:
- To create some kind of "shock absorbers" to the protected areas by regulating and managing the activities around such areas.
- Therefore, these areas act as a buffer for protected areas and reduce developmental pressures around a wildlife sanctuary or national park.
- They also act as a transition zone from areas of high protection to areas involving lesser protection.
- Range:
- All identified areas around Protected Areas and wildlife corridors to be declared as ecologically fragile under the Environment (Protection) Act, 1986 (National Wildlife Action Plan, 2002-2016).
- Eco-sensitive Zone could go up to 10 Kms around Protected Areas.
- In cases where sensitive corridors, connectivity and ecologically important patches, crucial for landscape linkage, are even beyond 10 Kms width.
- Further, Eco-sensitive zones may not be uniform all around and they could be variable in width and extent.
- Prohibited activities:
- Activities like industries which cause pollution Commercial mining, sawmills, the establishment of major hydroelectric projects (HEP), commercial use of wood, Tourism, discharge of effluents or any solid waste or production of hazardous substances are all prohibited.
- Regulated activities:
- Activities like the felling of trees, establishment of hotels and resorts, commercial use of natural water, erection of electrical cables, drastic change of agriculture system, e.g. adoption of heavy technology, pesticides etc., widening of roads.
- Permitted activities:
- Activities like ongoing agricultural or horticultural practices, rainwater harvesting, organic farming, use of renewable energy sources, and adoption of green technology for all activities are permitted.
3. Reasons for the creation of an ecologically sensitive zone
- According to the guidelines issued by the Environment Ministry on February 9, 2011, ESZs are created as “shock absorbers” for the protected areas, to minimize the negative impact on the “fragile ecosystems” by certain human activities taking place nearby. Furthermore, these areas are meant to act as a transition zone from areas requiring higher protection to those requiring lesser protection.
- The guidelines also state that the ESZs are not meant to hamper the daily activities of people living in the vicinity, but are meant to guard the protected areas and “refine the environment around them”.
- To do so, the guidelines list the activities prohibited in an ESZ, such as commercial mining, saw mills, commercial use of wood, etc., apart from regulated activities like the felling of trees. Lastly, there are permitted activities like ongoing agricultural or horticultural practices, rainwater harvesting, and organic farming, among others.
Judgement of Supreme Court
- On June 3, a three-judge bench of the Supreme Court heard a PIL which sought to protect forest lands in the Nilgiris in Tamil Nadu, but was later expanded to cover the entire country.
- In its judgment, the court while referring to the 2011 guidelines as “reasonable”, as reported by Live Law, directed all states to have a mandatory 1-km ESZ from the demarcated boundaries of every protected forest land, national park and wildlife sanctuary.
- It also stated that no new permanent structure or mining will be permitted within the ESZ.
- If the existing ESZ goes beyond a 1-km buffer zone or if any statutory instrument prescribes a higher limit, then such extended boundary shall prevail, the court, as per the Live Law report, said.
4. Protests by the people
- Protests erupted across the high ranges of Kerala in response to the apex court’s directions. Due to the high density of human population near the notified protected areas, farmer’s groups and political parties have been demanding that all human settlements be exempt from the ESZ ruling.
- Alex Ozhukayil, the chairman of Kerala Independent Farmers’ Association (KIFA) claimed that the court’s decision would severely impact the livelihoods of farmers.
- He said, “The total extent of the wildlife sanctuaries in Kerala is eight lakh acres. If one km of ESZ is demarcated from their boundaries, around 4 lakh acres of human settlements, including farmlands, would come within that purview. This is a matter of sheer survival of lakhs of people.”
- The ruling Left Democratic Front and the Congress-led United Democratic Fund have both called for strikes in Idukki and Wayanad districts over the past weeks to oppose the 1-km order.
- Before the SC judgment, the Kerala state government had stated during an expert committee meeting of the Union Environment Ministry in March that all human settlements should be excluded from the buffer zones.
- The Kerala state government had proposed that for some national parks, such as the Thattekad Bird Sanctuary, the extent of the ESZ area should be reduced from the proposed uniform 1 km to an ESZ ranging from zero to 1 km in the eastern and south-eastern side of the national park.
- This was because the villagers occupying the densely populated settlements in these areas believed that the ESZ would restrict their agricultural and related activities.
4. Other similar challenges
- Developmental activities:
- Activities such as the construction of dams, roads, and urban and rural infrastructures in the ESZ, create interference, negatively impact the environment and imbalance the ecological system.
- Blatant violations:
- To cater to the increasing demand for eco-tourism, the land around parks and sanctuaries are being cleared through deforestation, displacement of local people etc.
- Failing to recognize the rights of forest communities and curbing poaching of animals, environmental legislations undermine the ESZs in favour of developmental activities.
- Climate change:
- Biodiversity and climate change are interconnected, for example, the rise in global temperature has generated land, water and ecological stress on the ESZs.
- Tourism-related Pollution:
- As the pressure of tourism is rising, the government is developing new sites and gateways to the ESZ. The tourists leave behind garbage such as plastic bags and bottles etc. which leads to environmental degradation.
- Local communities:
- Slash and burn techniques used in agriculture, the pressure of increasing population and the rising demand for firewood and forest produce, etc. exerts pressure on the protected areas.
5. Earlier protests
- This is not the first time that Kerala has faced such protests.
- In 2013, hartals first erupted in Idukki and Wayanad after the Kasturirangan committee report recommended that 60,000 km of the Western Ghats, covering 12 of Kerala’s 14 districts, be notified as ecologically sensitive areas.
8. Distribution of major ECZ in India
9.Way Forward
A decade after Sariska became a tiger reserve in 1978, Rajasthan issued mining leases inside the reserve to many who had obtained no-objection certificates (NOCs) from the then field director of Sariska, even though he did not have any authority to issue such NOCs
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For Prelims: Current events of national and international importance, General issues on Environmental Ecology.
For Mains: GS-II, GS-III: Government policies and interventions, Conservation, environmental pollution and degradation, environmental impact assessment.
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Previous Year Questions
1.In which one among the following categories of protected areas in India are local people not allowed to collect and use the biomass? (UPSC CSE 2012) (a) Biosphere Reserves (b) National Parks (c) Wetlands declared under Ramsar Convention (d) Wildlife Sanctuaries Answer (b) In National Parks, the primary focus is on the conservation of wildlife and biodiversity. Human activities such as grazing, logging, and collecting forest products are strictly prohibited. This is different from Wildlife Sanctuaries and Biosphere Reserves, where certain activities by local communities may be permitted under specific regulations. Wetlands declared under the Ramsar Convention focus on the conservation and sustainable use of wetland resources, often allowing for regulated human activity |
Source: Indianexpress
PREVENTION OF MONEY LAUNDERING ACT (PMLA)
1. Context
On August 9 2024, the Supreme Court delivered a landmark judgment in Manish Sisodia’s case holding that a speedy trial is a fundamental right within the broad scope of Article 21 of the Constitution, which includes the right to live with dignity
2. Why is the PMLA verdict under review?
The PMLA verdict is under review because of several concerns raised by petitioners and legal experts about the constitutionality of the law and the extent of the powers granted to the Enforcement Directorate (ED).
Specific Concerns
- The PMLA's retrospective application, allowing for the prosecution of offences committed before the law's enactment, has been challenged as violative of the fundamental right against ex post facto laws.
- The PMLA places the burden of proof on the accused to establish innocence, a departure from the general principle of criminal law that presumes innocence until proven guilty.
- Critics argue that the PMLA's provisions are overly broad and draconian, giving the ED excessive powers to arrest, detain, and seize assets without adequate judicial oversight.
- The PMLA's lack of adequate safeguards against arbitrary actions and misuse of power has raised concerns about the potential for abuse of authority by the ED.
- The PMLA's provisions have been criticized for potentially infringing upon fundamental rights such as the right to personal liberty, the right to property, and the right against self-incrimination.
3. Money laundering
- Money laundering is the illegal process of making large amounts of money.
- This money is generated by criminal activity but may appear to come from a legitimate source.
- Criminal activities include drug trafficking, terrorist funding, illegal arms sales, smuggling, prostitution rings, insider trading, bribery and computer fraud schemes that produce large profits.
3.1. Different stages in money laundering
Generally, money laundering is a three-stage process:
- Placement: The crime money is injected into the formal financial system.
- Layering: Money injected into the system is layered and spread over various transactions and book-keeping tricks to hide the source of origin.
- Integration: Laundered money is withdrawn from the legitimate account to be used for criminal purposes. Now, Money enters the financial system in such a way that the original association with the crime is disassociated. The money now can be used by the offender as legitimate money.
All three sources may not be involved in money laundering. Some stages could be combined or repeated many times.
3.2. Impact of Money Laundering on Economic Development
Money laundering can have a significant impact on economic development by:
- When money laundering occurs, it can undermine public confidence in banks and other financial institutions. This can lead to increased risk aversion and a decline in investment, which can hamper economic growth.
- Money laundering can distort economic activity by directing funds away from legitimate businesses and into criminal enterprises. This can lead to inefficient allocation of resources and slower economic growth.
- Money laundering can facilitate corruption by providing a means to conceal the proceeds of corrupt activities. This can weaken governance and undermine the rule of law, further hindering economic development.
- Money laundering can also lead to a loss of tax revenue, as criminals seek to evade taxes on their illicit gains. This can deprive governments of much-needed funds for essential services, such as education and healthcare.
- Money laundering is often used to finance organized crime groups, which can lead to an increase in violence and instability.
- Money laundering can also be used to finance terrorist activities, posing a serious threat to international security.
- Money laundering can also have a direct impact on individuals and businesses, who may lose money or be victims of fraud as a result of this crime.
4. Prevention of Money-Laundering Act, 2002 (PMLA)
The Prevention of Money-Laundering Act, 2002 (PMLA) is a comprehensive legislation enacted by the Indian Parliament to combat money laundering and other financial crimes. It aims to prevent the use of proceeds of crime, particularly those derived from drug trafficking, organized crime and corruption, from being laundered and utilized to finance further criminal activities or to gain legitimacy.
4.1. Key Features of the PMLA
- The PMLA prohibits the process of money laundering, defined as the act of concealing or disguising the proceeds of crime.
- The PMLA empowers the Enforcement Directorate (ED), the designated agency for investigating money laundering cases, to attach and seize property derived from or involved in money laundering.
- The PMLA provides for the confiscation of property that is involved in money laundering, even if it is not in the possession of the accused person.
- The PMLA grants the ED extensive powers to conduct searches, make arrests, and detain individuals suspected of money laundering.
- The PMLA facilitates international cooperation in combating money laundering through mutual legal assistance treaties and other mechanisms.
4.2. Significance of the PMLA
The PMLA has played a crucial role in strengthening India's anti-money laundering framework and enhancing its global standing in combating financial crimes. It has enabled the investigation and prosecution of numerous money laundering cases, leading to the recovery of substantial illicit funds.
4.3. Challenges in Implementing the PMLA
Despite its significance, the implementation of the PMLA has faced certain challenges, including:
- The PMLA and other laws, such as the Narcotics Drugs and Psychotropic Substances Act, have overlapping jurisdictions, which can lead to confusion and delays in investigations.
- There have been concerns about the lack of adequate safeguards against arbitrary actions and misuse of power under the PMLA.
- The ED faces resource constraints in terms of manpower and infrastructure, which can hamper its ability to effectively investigate and prosecute money laundering cases.
5. About the Directorate of Enforcement
- The Directorate of Enforcement (ED) is an agency in India that primarily deals with the enforcement of economic laws and regulations to combat money laundering, foreign exchange violations, and financial fraud.
- The ED is part of the Department of Revenue under the Ministry of Finance, Government of India.
- The Directorate of Enforcement was established on 1st May 1956, as the "Enforcement Unit" within the Department of Economic Affairs.
- Its primary focus was on preventing and detecting violations of the Foreign Exchange Regulation Act (FERA) of 1947.
- Over the years, the agency's role expanded, and in 1999, the Enforcement Directorate was established as a separate entity under the Ministry of Finance.
- The enactment of the Prevention of Money Laundering Act (PMLA) in 2002 further broadened its jurisdiction, giving it the power to investigate cases related to money laundering.
- Since its establishment, the ED has played a crucial role in combating economic offences and ensuring compliance with economic laws in India.
- It has been involved in several high-profile cases, including those related to financial scams, money laundering by influential individuals, and cross-border financial crimes.
- The ED collaborates with various domestic and international agencies, including financial intelligence units, law enforcement agencies, and Interpol, to gather information, share intelligence, and effectively coordinate efforts to combat economic offences.
5.1. Functions and Roles of ED
- Enforcing Economic Laws: The primary function of the ED is to enforce two key economic laws in India: the Prevention of Money Laundering Act (PMLA) and the Foreign Exchange Management Act (FEMA). It ensures compliance with these laws and investigates money laundering, foreign exchange violations, and economic fraud cases.
- Money Laundering Investigations: The ED investigates cases involving money laundering, which is the process of concealing the origins of illegally obtained money to make it appear legitimate. It identifies and seizes properties and assets derived from illicit activities and prevents their further use.
- Foreign Exchange Violations: The ED is responsible for investigating cases related to violations of foreign exchange laws and regulations. It monitors and controls foreign exchange transactions to maintain the stability of the Indian rupee and prevent illegal activities such as smuggling and illegal money transfers.
- Financial Frauds: The ED also investigates and takes action against financial frauds, including bank frauds, Ponzi schemes, and other fraudulent activities affecting the Indian financial system. It works closely with other law enforcement agencies, such as the Central Bureau of Investigation (CBI), to tackle complex financial crimes.
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For Prelims: Prevention of Money Laundering Act, ED, CBI, Foreign Exchange Management Act,
For Mains:
1. Critically evaluate the Prevention of Money Laundering Act, 2002 (PMLA) in its effectiveness in combating money laundering in India. (250 Words)
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Previous Year Questions
1. Which one of the following is not correct in respect of Directorate of Enforcement? (CDS 2021)
A. It is a specialized financial investigation agency under the Department of Revenue, Ministry of Finance.
B. It enforces the Foreign Exchange Management Act, 1999.
C. It enforces the Prevention of Money Laundering Act, 2002.
D. It enforces the Prohibition of Benami Property Transaction Act, 1988.
2. The Prevention of Money Laundering Act, 2002 become effective since which one of the following dates? (UKPSC RO/ARO 2012)
A. July 2002 B. August 2003 C. July 2004 D. July 2005
3. FEMA (Foreign Exchange Management Act) was finally implemented in the year (UPPSC 2013)
A. 1991 B. 1997 C. 2000 D. 2007
4. The Foreign Exchange Regulation Act was replaced by the ______ in India. (SSC Steno 2020)
A. Foreign Exchange Currency Act
B. Foreign Exchange Finances Act
C. Foreign Exchange Funds Act
D. Foreign Exchange Management Act
5. "Central Bureau of Intelligence and Investigation" is listed in the __________ list given in the Seventh Schedule of the Constitution of India. (SSC CGL 2017)
A. Union B. State C. Global D. Concurrent
Answers: 1-D, 2-D, 3-C, 4-D, 5-A
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Source: The Indian Express
