NUCLEAR LIABILITY LAW IN INDIA
1. Context
The issues regarding India’s nuclear liability law continue to hold up more than a decade old plan to build six nuclear power reactors in Maharashtra’s Jaitapur, the world’s biggest nuclear power generation site under consideration at present.
2. What is the law governing nuclear liability in India?
- Laws on civil nuclear liability ensure that compensation is available to the victims for nuclear damage caused by a nuclear incident or disaster and set out who will be liable for those damages.
- The international nuclear liability regime consists of multiple treaties and was strengthened after the 1986 Chornobyl nuclear accident.
- The umbrella Convention on Supplementary Compensation (CSC) was adopted in 1997 to establish a minimum national compensation amount.
- The amount can further be increased through public funds, (to be made available by the contracting parties), should the national amount be insufficient to compensate for the damage caused by a nuclear incident.
- Even though India was a signatory to the CSC, Parliament ratified the convention only in 2016. To keep in line with the international convention, India enacted the Civil Liability for Nuclear Damage Act (CLNDA) in 2010, to put in place a speedy compensation mechanism for victims of a nuclear accident.
3. Convention on Supplementary Compensation (CSC)
- The Convention on Supplementary Compensation (CSC) has the objective to raise the amount of compensation through public funds to be made available by the Contracting Parties if the national amount is insufficient to pay the expenditures related to a nuclear disaster.
- Using an online calculator that implements the formula in Article IV of the CSC, users can determine the amounts that would need to be paid to the international fund in a variety of situations involving current and potential Contracting Parties to the CSC.
- Both the Paris Convention on Third Party Liability in the Field of Nuclear Energy and the Vienna Convention on Civil Liability for Nuclear Damage has an annex outlining standard civil liability norms that additional States may ratify provided that their domestic legal systems do (including any amendments to either).
4. Civil Liability for Nuclear Damage Act (CLNDA)
- On November 21, 2010, the Civil Liability for Nuclear Damage Act of 2010 was approved.
- The Act establishes legal liability for nuclear harm as well as rapid compensation for victims of nuclear disasters.
- The law specifies the experts who will assess claims of nuclear injury, sanction compensation, and provide financial assurance. Except for the central government, all operators must have insurance or financial security in place before they can perform their obligations.
- The operator’s liability is limited by law to 500 crore rupees. As per Section 6(1) of the CLND Act, each nuclear incident’s maximum liability shall not exceed the rupee equivalent of 300,000,000 SDRs (SDRs).
- At the current currency rate, which values 1 SDR at roughly Rs 87, 300 million SDRs are equivalent to approximately Rs 2610 crores.
- The operator’s maximum liability under Section 6(2) of the Act is Rs. 1500 crore. The Central Government will pay this deficiency of Rs. 1110 crores in accordance with Section 7(1)(a) of the CLND Act if the total liability exceeds Rs. 1500 crores.
- India would be able to accept international finance under the CSC for sums bigger than Rs 2610 crores if it becomes a party to the Convention. Section 7 (2) of the CLND Act provides that the Central Government may establish a “Nuclear Liability Fund” by charging such amount of levy from the operators, in such manner, as may be prescribed.
- The constitution of a Nuclear Liability Fund has been under consideration for some time. Such a Fund is proposed to be built up over 10 years by levying a small charge on the operators based on the power generated from existing and new nuclear plants.
- This is not expected to affect the consumer’s interests. The act outlines who may file a claim for compensation as well as the organizations responsible for calculating and disbursing compensation for nuclear harm. Any violations of the terms of the act could result in fines.
5. Why is the supplier liability clause an issue in nuclear deals?
- Foreign suppliers of nuclear equipment from countries as well as domestic suppliers have been wary of operationalizing nuclear deals with India as it has the only law where suppliers can be asked to pay damages.
- Concerns about potentially getting exposed to unlimited liability under the CLNDA and ambiguity over how much insurance to set aside in case of damage claims have been sticking points for suppliers.
- Suppliers have taken issue with two specific provisions in the law, Section 17(b) and Section 46. The latter clause goes against the Act’s central purpose of serving as a special mechanism enforcing the channeling of liability to the operator to ensure prompt compensation for victims.
- Section 46 provides that nothing would prevent proceedings other than those which can be brought under the Act, to be brought against the operator. This is not uncommon, as it allows criminal liability to be pursued where applicable.
- However, in the absence of a comprehensive definition of the types of ‘nuclear damage’ being notified by the Central Government, Section 46 potentially allows civil liability claims to be brought against the operator and suppliers through other civil laws such as the law of tort.
- While liability for operators is capped by the CLNDA, this exposes suppliers to unlimited amounts of liability.
6. What are the existing Projects in India?
- The Jaitapur nuclear project has been stuck for more than a decade the original MoU was signed in 2009 with EDF’s predecessor Areva.
- In 2016, EDF and NPCIL signed a revised MoU, and in 2018, both heads signed an agreement on the “industrial way forward” in the presence of Indian Prime Minister Narendra Modi and French President Emmanuel Macron.
- In 2020, the EDF submitted its techno-commercial offer for the construction of six nuclear power reactors. However, an EDF official said that the issue arising from India’s nuclear liability law remains an item on the “agenda for both countries”.
- Multiple rounds of talks have not yet led to a convergence on the issue. Other nuclear projects, including the nuclear project proposed in Kovvada, Andhra Pradesh, have also been stalled.
- Despite signing civil nuclear deals with several countries, including the U.S., France and Japan, the only foreign presence in India is that of Russia in Kudankulam which predates the nuclear liability law.
For Prelims: Convention on Supplementary Compensation (CSC), Civil Liability for Nuclear Damage Act (CLNDA), Paris Convention, Vienna Convention on Civil Liability for Nuclear Damage, Nuclear Liability Fund.
For Mains: 1. What is the Convention on Supplementary Compensation (CSC)? Discuss Why is the supplier liability clause an issue in nuclear deals? (250 Words)
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Source: The Hindu
UREA RULES IN INDIA
1. Context
In May 2015, the Centre made it mandatory to coat all indigenously manufactured and imported urea with neem oil.
This was followed by replacing 50 kg bags with 45 kg ones in March 2018 and the launch of the liquid "Nano Urea" by the Indian Farmers' Fertiliser Cooperative (IFFCO) in June 2021.
None of the above measures checking illegal diversion for non-agriculture use, smaller bags and increasing nitrogen use efficiency have succeeded in reducing urea consumption.
2. Key Points
- Sales of urea crossed a record 35.7 million tonnes (mt) in the fiscal year ended March 31, 2023.
- Consumption did dip in the initial two years after neem-coating was fully enforced from December 2015, seemingly making it difficult for the heavily subsidised fertiliser to be used by plywood, particle board, textile dye, cattle feed and synthetic milk makers.
- But that trend reversed from 2018-19. Urea sales in 2022-23 were about 5.1 mt higher than in 2015-16 and over 9 mt than in 2009-10, before the introduction of the so-called nutrient-based subsidy (NBS) regime in April 2010.
- All other fertilisers, barring single super phosphate (SSP), have registered much lower increases or even declines.
Image Source: The Indian Express
- Fertilisers are essentially food for crops. They like humans, need nutrients- Primary (N, P, K), Secondary (S, Calcium, magnesium) and micro (iron, zinc, copper, manganese, boron, molybdenum) for plant growth and grain yield. Chart and table show trends in their use and crop yields after usage.
3. The failure of NBS
- Under NBS, the government fixed a per-kg subsidy for each fertiliser nutrient: Nitrogen (N), Phosphorus (P), Potash (K) and Sulphur (S).
- This was as against the earlier product-specific subsidy regime.
- Linking subsidy to nutrient content was intended to promote balanced fertilisation by discouraging farmers from applying too much urea, di-ammonium phosphate (DAP) and muriate of potash (MOP).
- These are fertilisers with high content of a single nutrient: Urea (46 per cent N), DAP (46 Per cent P plus 18 per cent N) and MOP (60 per cent K).
- NBS was expected to induce product innovation, besides more use of complex fertilisers (having lower concentrations of N, P, K and S in different proportions) and SSP (containing only 16 per cent P but also 11 per Cent S).
- However, the data reveals a worsening nutrient imbalance, with urea consumption rising by over a third since 2009-10.
- This has been largely courtesy of its maximum retail price (MRP) going up by a mere 16.5 per cent from Rs 4, 830 to Rs 5, 628 per tonne post the introduction of NBS.
- In the last year, the Narendra Modi Government has also brought back price controls on DAP with companies not allowed to charge more than Rs 27, 000 per tonne.
- It has led to the sales of both fertilisers soaring in 2022-23 at the expense of NPKS complexes and SSP.
4. The cost of imbalanced fertilisation
- Fertilisers are essentially food for crops. They, like humans, need nutrients primary (N, P, K), Secondary (S, Calcium, magnesium) and micro (iron, zinc, copper, manganese, boron, molybdenum) for plant growth and grain yield.
- During the Green Revolution, scientists bred semi-dwarf crop varieties that did not bend or fall over ("lodge") when their earheads were heavy with well-filled grains.
- These could "tolerate" fertiliser application and produce more grain with higher doses.
- Over time, though, crop yield response to fertiliser use has more than halved: 1 kg of NPK nutrients yielded 12.1 kg of cereal grains in India during the 1960s, but only 5 kg during the 2010s.
- The underlying reason has been the disproportionate application of N by farmers.
- It has established a decline in nitrogen use efficiency (NUE) itself.
- NUE refers to the proportion of N applied mainly through urea that is utilised by crops to produce harvested yields.
- Singh, in 2022 the paper has estimated the NUE in India to have fallen from 48.2 per cent in 1962-63 to 34. 7 per cent in 2018.
- The 34.7 per cent of NUE was below the global average of 45. 3 and 53. 3 per cent for North America in 2018.
- Simply put, when Indian farmers are applying 100 kg of N, hardly 35 kg is now being utilised, with the balance of 65 kg unavailable to the plant.
- Some of the unutilised N may convert into organic form and become part of the soil nitrogen pool.
- This soil's organic nitrogen may then undergo mineralisation (reconvert into inorganic ammonium form) and become available to the subsequent crops.
- The remaining unutilised N, however, escapes from the soil-plant system through hydrolysis (breakdown of urea into ammonia gas and its release into the atmosphere) and nitrification (below-the-ground leaching after conversion into nitrate).
5. The Way forward
- If applying more urea is counterproductively manifested in diminishing crop yield response to fertilisers and a rising share of applied N getting lost through ammonia volatilization or leaching into the groundwater as nitrate the obvious solution is to reduce its consumption and promote products containing other nutrients in desired (crop and soil specific) combinations.
- There are two approaches to cutting urea consumption.
- The first is raising prices. The current per-tonne MRP is Rs 5, 628 for urea, Rs 27, 000 for DAP and Rs 34, 000 for MOP are nowhere compatible with a 4:2:1 NPK use ratio generally considered ideal for Indian soils.
- But since increasing urea prices is not politically easy, a second approach is to improve NUE enabling farmers to harvest the same or more grain yields with fewer bags.
- The government should make the incorporation of urease and nitrification inhibitors compulsory in urea.
- These are chemical compounds that inhibit the activity of urease (a soil enzyme that breaks down urea into ammonium and further to ammonia) and nitrifying bacteria (that convert ammonium to nitrate), making more N available to the crops.
- The government can bear a part of the cost of these chemicals, which are proprietary formulations of global plant nutrient solutions companies such as Koch and BASF.
- Nano Urea is also primarily aimed at boosting NUE.
- The ultra-small size of its particles (20-50 nanometers, as against 1-4 millimetres for normal prilled/ granular urea; 1 min= 1 million nm) is said to allow easier penetration through the stomatal pores of leaves.
- IFFCO Claims that a single 500 ml Nano Urea bottle containing just 4 per cent N can effectively replace " at least" one 45 kg bag of regular 46 per cent N urea.
- Nano Urea's limitation is that a liquid fertiliser can only be sprayed after the crop has developed leaves.
- It cannot replace normal urea for basal application at sowing time or even for the early crop growth stages.
- Farmers are used to broadcasting fertilisers (uniformly spreading over the field).
- If the government wants to promote Nano Urea (for foliar application directly to the leaves), it may have to subsidise the cost of spraying.
For Prelims: Nano Urea, Indian Farmers' Fertiliser Cooperative, nutrient-based subsidy, single super phosphate,
For Mains:
1. Sales of nitrogenous fertiliser have scaled new highs despite measures to check its use. What is the reason for this, what consequences can it have for crop yield, and what are some possible solutions? (250 Words)
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Previous Year Questions
1. Why does the Government of India promote the use of 'Neem-coated Urea' in agriculture? (UPSC 2016)
A. Release of Neem oil in the soil increases nitrogen fixation by the soil microorganisms
B. Neem coating slows down the rate of dissolution of urea in the soil
C. Nitrous oxide, which is a greenhouse gas is not at all released into the atmosphere by crop fields
D. It is a combination of a weedicide and a fertilizer for particular crops
Answer: B
2. Urea is (UPPSC 2017)
1. A nitrogen-containing organic compound
2. A nitrogen-containing in-organic compound
3. A plant hormone
4. An Endergonic compound
Answer: 1
3. Urea is transported by: (MPSC 2014)
A. Plasma + Blood
B. Blood + O2
C. RBC + CO2
D. WBC + Saliva
Answer: A
4. Which one of the following statements about fertilizers is not correct? (NDA 2022)
A. Urea is a phosphorus-containing fertilizer.
B. Application of fertilizer to the soil increases the fertility of the soil.
C. Urea can be prepared by the action of ammonia and carbon dioxide under high pressure and at high temperatures.
D. Urea contains more nitrogen than other fertilizers.
Answer: A
5. With reference to chemical fertilizers in India, consider the following statements: (UPSC 2020)
1. At present, the retail price of chemical fertilizers is market-driven and not administered by the Government.
2. Ammonia, which is an input of urea, is produced form natural gas.
3. Sulphur, which is a raw material for phosphoric acid fertilizer, is a by-product of oil refineries.
Which of the statements given above is/are correct?
A. 1 only B. 2 and 3 only C. 2 only D. 1, 2 and 3
Answer: B
6. Urea, a commonly used nitrogen-based fertiliser, is prepared by the reaction between ammonia and ______. (SSC CGL 2022)
1. carbon dioxide
2. hydrogen
3. oxygen
4. sulphur
Answer: 1
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Source: The Indian Express
SUDAN CONFLICT
1. Context
Around 530 Indians have been evacuated from Sudan so far with 250 people taken to Jeddah in Saudi Arabia via an Indian Air Force (IAF) aircraft and 278 on an Indian Navy Ship Sumedha.
2. About Sudan Conflict
- Sudan's military and its paramilitary forces have been involved in a fierce battle against each other since April 15, leaving at least 420 people dead and more than 3, 700 wounded.
- The clashes follow months of heightened tension between the Army Chief Lt Gen Abdel Fattah al-Burhan and the Rapid Support Force (RSF) head Gen Mohamed Hamdan Dagalo, also known as Hemetti.
- Both generals are at loggerheads as they fight for control of Sudan's major institutions.
- But this was not always the case. Burhan and Hamdan joined forces to oust authoritarian President Omar al-Bashir in 2019.
- One reason, according to experts, for their fallout is the growing ambitions of Hamdan to lead Sudan.
- In recent years, he has amassed vast amounts of wealth, making his RSF stronger and a significant challenger to Burhan's army.
3. Rapid Support Forces in Sudan
- Although formally established in 2013, the RSF can trace its roots to the Janjaweed militias a group of Arab tribes primarily based in western Sudan, including the contentious region of Darfur.
- They were first armed and organised in the early 1980s to help government expand its influence in neighbouring civil-war-torn Chad.
- Janjaweed militias, who called themselves horsemen, came into global prominence in 2003 when they helped the Sudanese government quell a rebellion by peasants in Darfur.
- While the military attacked by using air force and heavy weapons, Janjaweed perpetrated violence against the rebels and civilians in isolated areas.
- Men were mutilated and murdered, women raped and children kidnapped. Fields and houses were destroyed, wells poisoned and valuable goods seized.
- According to the United Nations, an estimated 300, 000 people were killed in the conflict between 2003 and 2008 and 2.5 million more were displaced.
- In 2007, the United States government led by President George Bush declared that violence in Darfur was "genocide" perpetrated by the government and its allied forces, including the Janjaweed militias.
- Subsequently, the International Criminal Court opened investigations into the genocidal violence, indicting Sudan's then-President Bashir, on charges of genocide and crimes against humanity in 2009.
- Despite the backlash, Janjaweed continued to grow, helping Bashir rule the country with an iron fist.
- The President gave the group an institutional veneer, as per NYT, in 2013, when it became the Rapid Support Forces (RSF) and Hamdan was appointed as its head.
- In the following years, RSF carried out brutal violence across Sudan, including committing war crimes in Darfur in 2014 and 2015 when civilians were displaced, raped, looted and killed.
- In 2019, the forces killed more than 100 people in the country's capital, Khartoum, during a protest against al-Bashir.
- Hundreds of unarmed civilians were injured and many more were sent to jail.
4. Strength of RSF
- RSF soon after its formal constitution began to expand owing to its proximity to Bashir.
- It became his praetorian guard, tasked with protecting the president from any coup attempt by the army.
- Then, in 2015, the paramilitary forces along with Sudan's Army began supplying troops to fight in the war in Yemen to support Saudi Arabia and the United Arab Emirates troops.
- In return, Hamadan received money and weapons.
- Two years later, the forces partnered with the Russian mercenary Wagner Group to mine the vast gold reserves in Sudan.
- This further helped RSF and Hammad expand their political, economic and political influence resulting in a conflict with the country's army chief Burhan.
- The estimated RSF numbers between 70, 000 and 1, 50, 000 fighters and its members include former military and intelligence officers.
- The forces have also recruited more fighters from Sudan's east and north in an attempt to widen their support.
For Prelims: Sudan, Rapid Support Forces, International Criminal Court,
For Mains:
1. Who are the Rapid Security Forces? Discuss their role in escalating the Sudan Conflict. (250 Words)
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Previous Year Questions
1. Consider the following pairs:
Region often in news Country
1. Chechnya Russian Federation
2. Darfur Mali
3. Swat Valley Iraq
Which of the above pair is/are correctly matched? (UPSC 2014)
A. 1 only B. 2 and 3 only C. 1 and 3 only D. 1, 2 and 3
Answer: A
2. Very recently, in which of the following countries having lakhs of people either suffered from severe famine/acute malnutrition or died due to starvation caused by war/ethnic conflicts? (UPSC 2018)
1. Angola and Zambia
2. Morocco and Tunisia
3. Venezuela and Colombia
4. Yemen and South Sudan
Answer:4
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Source: The Indian Express
WORLD MALARIA DAY 2023
1. Context
World Malaria Day 2023 will be marked under the theme “Time to deliver zero malaria: invest, innovate, implement”.
2. About Malaria Disease
- Malaria is a life-threatening disease caused by parasites transmitted to people through the bites of infected female Anopheles mosquitoes.
- According to the World Health Organisation (WHO), in 2020, there were an estimated 241 million malaria cases worldwide, leading to approximately 627,000 deaths, with the majority of the cases and deaths occurring in sub-Saharan Africa.
3. History & Significance of World Malaria Day in India
- The observance of the Day in India can be traced back to 2007 when the first Malaria Day was observed on 25th April.
- The day was declared by the National Vector Borne Disease Control Program (NVBDCP) to coincide with the anniversary of the establishment of the World Health Organisation (WHO).
- Since then, Malaria Day has been observed annually in India with a different theme the day that reflects the need of the hour.
- The day is marked by various activities including health camps, awareness drives, and educational programs aimed at increasing knowledge and awareness about malaria and its prevention and control.
- India has made progress in reducing the burden of malaria over the years. According to the World Malaria Report 2020, India accounted for about 88% of the malaria cases in the South-East Asia region in 2019, a decline of about 18% from 2018.
- However, there is still a long way to go, and the observance of Malaria Day in India remains an important reminder of the need to continue the fight against this disease.
4. Malaria vaccine research in India
- Understanding the dynamics of vaccine-induced immunity and pre-existing immunity during disease is absolutely essential.
- Controlled Human Malaria Infection (CHMI) studies have the potential to fast-track initial assessments of vaccine efficacy, and also facilitate the first clinical evaluation of vaccines involving fewer adult subjects.
- It is not surprising that across the world many countries have developed the capacity to conduct highly safe CHMI studies.
- Although basic malaria research is being carried out in many academic institutions in India, it has not been possible to set up a human challenge model anywhere in the country.
- Scientists at the International Centre for Genetic Engineering and Biotechnology (ICGEB), New Delhi, have successfully developed and produced two experimental recombinant blood-stage malaria vaccines against P. falciparum and P. vivax and carried out Phase I first-in-man clinical trials in India.
- Based on the encouraging results of Phase I(a) trial with the P. vivax vaccine, Phase 2(a) involving efficacy assessment by controlled human malaria infection has been completed in collaboration with scientists at Oxford University.
- Needless to say, if the CHMI model was available in India, these completely indigenous efforts would have greatly facilitated the progress of these and other malaria vaccines, developed in India.
5. Key Challenges Faced by India
India faces several challenges in its efforts to control and eliminate malaria. Some of the major challenges are:
- Vector control: Malaria is primarily spread by the Anopheles mosquito. Controlling the mosquito population through the use of insecticides and mosquito nets is a key strategy for malaria control. However, resistance to insecticides and the lack of adequate resources for vector control programs are major challenges in India.
- Access to healthcare: Many people in India do not have access to adequate healthcare facilities, especially in rural areas. This makes it difficult to detect and treat malaria cases, leading to increased morbidity and mortality.
- Diagnostics: Rapid and accurate diagnosis of malaria is crucial for effective treatment and control. However, the availability of diagnostic facilities, especially in remote and hard-to-reach areas, remains a challenge in India.
- Climate change: Climate change is expected to exacerbate the problem of malaria in India. Changes in temperature and rainfall patterns can create favorable conditions for the breeding of mosquitoes, leading to an increase in malaria transmission.
- Lack of public awareness: Many people in India are not aware of the risks associated with malaria and the preventive measures they can take. Lack of awareness leads to low adherence to preventive measures such as the use of mosquito nets and the timely seeking of medical care when symptoms appear.
6. Education & Awareness
Education and awareness can play a significant role in reducing the burden of malaria in India. Here are some ways in which education and awareness can help:
- Understanding the causes of malaria: Education can help people understand the causes of malaria and the ways in which the disease is transmitted. This can help people to take appropriate preventive measures such as using mosquito nets, avoiding mosquito bites, and keeping their surroundings clean.
- Recognizing the symptoms of malaria: Education can help people recognize the symptoms of malaria early on, which can improve the chances of successful treatment. This can also help in preventing the spread of the disease.
- Promoting preventive measures: Education can help people understand the importance of preventive measures such as using mosquito repellents, wearing long-sleeved clothes, and keeping the surroundings clean.
- Dismissing myths and misconceptions: There are many myths and misconceptions surrounding malaria in India. Education can help dispel these myths and provide accurate information about the disease.
- Encouraging community involvement: Education and awareness can encourage community involvement in the prevention and control of malaria. This can include initiatives such as community clean-up drives, distribution of mosquito nets, and organizing awareness campaigns.
For Prelims: World Malaria Day, World Health Organisation (WHO), Sub-Saharan Africa region, Controlled Human Malaria Infection (CHMI), International Centre for Genetic Engineering and Biotechnology (ICGEB), Female Anopheles mosquitoes, National Vector Borne Disease Control Program (NVBDCP), World Malaria Report 2020. |
Previous year Question
1. Widespread resistance of the malarial parasites to drugs like chloroquine has prompted attempts to develop a malarial vaccine to combat malaria. Why is it difficult to develop an effective malaria vaccine? (UPSC 2010)
A. Malaria is caused by several species of plasmodium
B. Man does not develop immunity to malaria during natural infection
C. Vaccines can be developed only against bacteria
D. Man is only an intermediate host and not the definitive host
Answer: B
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Source: The Indian Express
Protection of children from sexual offences (POSCO) Act
1.Context:
Terming the allegations of sexual harassment against Wrestling Federation of India (WFI) president and BJP MP Brij Bhushan Sharan Singh “serious” in nature, the Supreme Court Tuesday issued a notice to Delhi Police on a petition filed by seven wrestlers seeking registration of an FIR against him.
2.Key Points:
- Law fails to make room for consensual relationships or validated marriages in some communities
- Most tribal people do not keep their birth certificates, most people get married when they attain certain age and usually have children before they reach the legal age of marriage
- Tribal boys are being arrested in the hospitals when they admit pregnant wives for delivery
- Hindu laws are products of unification and codification of the customs of the majority people who follow Hinduism, but they are not inclusive or universal
- Tribal communities follow diverse practices, some of which are for survival and adoption, polyandry is practised by the gallons in Arunachal Pradesh, where brothers can't afford the high bride price to marry the same women
- Many tribal communities in the Nilgiris usually get girls married off early when they hit puberty
- Many tribal people don't aware of the existence of such a law or the correct age for the marriage
- Till date, 50 such cases have been filed against the tribal boys in Nilgiri district, youth are being in judicial custody often don't know the reasons for their arrest
- Tribal people have made substantial headway in education because of the targeted awareness campaigns, similar campaigns have to be done in the POSCO Act too
- Because of this rising issue in the Wayanad district of Kerala, the Kerala government made a short film to create an awareness
3.About POSCO Act:
- It was enacted to protect the children from sexual offences, harassment, and pornography for safeguarding the well-being of children
- Act defines a child as -"any person whose age is below 18 years age" and it's gender-neutral
- It defines different forms of sexual abuse, including penetrative or non-penetrative assault, as well as sexual harassment and pornography
- It deems sexual assault will be "aggravated" under certain circumstances, such as an abused child is mentally ill or when abuse is committed by a person in a position of trust or authority like a family member, police officer, teacher, or doctor
- This act assigns policemen as a child protector in the Investigation Process
- Under section 45, powers to make rules are vested with Central Government
- Section 42A of the Act provides any inconsistencies with provisions of any other law, POSCO will override such provisions
- Section 29 of the Act says when the person is prosecuted for committing an offence of sexual assault against a minor, the special court saying "shall presume" the accused guilty
Source:indianexpress