INDUS WATER TREATY

1. Context

2. The dispute over the hydel projects

• The notice appears to be a fallout of a longstanding dispute over two hydroelectric power projects that India is constructing one on the Kishanganga river, a tributary of Jhelum and the other on the Chenab.
• Pakistan has raised objections to these projects and dispute resolution mechanisms under the Treaty have been invoked multiple times. But a full resolution has not been reached.
• In 2015, Pakistan asked that a Neutral Expert should be appointed to examine its technical objections to the Kishanganga and Ratle HEPs.
• But the following year, Pakistan unilaterally retracted this request and proposed that a Court of Arbitration should adjudicate its objections.
• In August 2016, Pakistan approached the World Bank, which brokered the 1960 Treaty, seeking the constitution of a Court of Arbitration under the relevant dispute redressal provisions of the Treaty.

• India argued that Pakistan's request for a Court of Arbitration violated the graded mechanism of dispute resolution in the Treaty.
• In between, a significant event happened that had consequences for the Treaty.
• A Pakistan-backed terror attack on Uri in September 2016 prompted calls within India to walk out of the Indus Waters Treaty, which allows a significantly bigger share of the six river glasses of water to Pakistan.
• The Prime Minister had famously said that blood and water could not flow together and India has suspended routine bi-annual talks between the Indus Commissioners of the two countries.

3. Applications moved by Pakistan and India

• The World Bank, the third party to the Treaty and the acknowledged arbiter of disputes were, meanwhile faced with a unique situation of having received two separate requests for the same dispute.
• New Delhi feels that the World Bank is just a facilitator and has a limited role.
• On December 12, 2016, the World Bank announced a "pause" in the separate processes initiated by India and Pakistan under the Indus Waters Treaty to allow the two countries to consider alternative ways to resolve their disagreements.
• The regular meetings of Indus Waters Commissioners resumed in 2017 and India tried to use these to find mutually agreeable solutions between 2017 and 2022.
• Pakistan refused to discuss these issues at these meetings.
• At Pakistan's continued insistence, the World Bank, in March last year, initiated actions on the requests of both India and Pakistan.

• They will carry out their duties in their capacity as subject matter experts and independently of any other appointments they may currently hold.
• On October 19, 2022, the Ministry of External Affairs said, " We have noted the World Bank's announcement to concurrently appoint a Neutral Expert and a Chair of the Court of Arbitration in the ongoing matter related to the Kishanganga and Ratle projects".
• Recognising the World Bank's admission in its announcement that "carrying out two processes concurrently poses practical and legal challenges".
• India would assess the matter that "India believes that the implementation of the Indus Water Treaty must be in the letter and spirit of the Treaty".
• Such parallel consideration of the same issues is not provided for in any provisions of the Treaty and India has been repeatedly citing the possibility of the two processes delivering contradictory rulings, which could lead to an unprecedented and legally untenable situation, which is unforeseen in Treaty provisions.

4. Dispute redressal mechanism 

• The dispute redressal mechanism provided under Article IX of the IWT is graded.
• It's a 3-level mechanism.
• So, whenever India plans to start a project, under the Indus Water Treaty, it has to inform Pakistan that it is planning to build a project.
• Pakistan might oppose it and ask for more details. That would mean there is a question and in case there is a question, that question has to be clarified between the two sides at the level of the Indus Commissioners.
• If that difference is not resolved by them, then the level is raised. The question then becomes a difference.
• That difference is to be resolved by another set mechanism, which is the Natural Expert.
• It is at this stage that the World Bank comes into the picture.
• In case the Neutral Expert says that they are not able to resolve the difference or that the issue needs an interpretation of the Treaty, then that difference becomes a dispute.
  It then goes to the third stage the Court of Arbitration.
• To Sum up, it's a very graded and sequential mechanism first Commissioner, then the Neutral Expert and only then the Court of Arbitration.

5. India's notice and its implications

• While the immediate provocation for the modification is to address the issue of two parallel mechanisms, at this point, the implications of India's notice for modifying the treaty are not very clear.
• Article XII (3) of the Treaty that India has invoked is not a dispute redressal mechanism.
• It is in effect, a provision to amend the Treaty.
• However, an amendment or modification can happen only through a "duly ratified Treaty concluded for that purpose between the two governments". 
• Pakistan is under no obligation to agree to India's proposal.
• As of now, it is not clear what happens if Pakistan does not respond to India's notice within 90 days.

• India has not spelt out exactly what it wants to be modified in the Treaty.
• But over the last few years, especially since the Uri attack, there has been a growing demand in India to use the Indus Waters Treaty as a strategic tool, considering that India has the natural advantage of being the upper riparian state.
• India has not fully utilized its rights over the waters of the three east-flowing rivers Ravi, Beas and Sutlej over which India has full control under the Treaty.
  It has also not adequately utilized the limited rights over the three west-flowing rivers Indus, Chenab and Jhelum which are meant for Pakistan.
• Following the Uri attack, India established a high-level task force to exploit the full potential of the Indus Waters Treaty.
• Accordingly, India has been working to start several big and small hydroelectric projects that had either been stalled or were in the planning stages.

For Prelims & Mains

UNIFORM CIVIL CODE (UCC)

 

 

1. Context

A day after Uttarakhand Chief Minister Pushkar Singh Dhami said the State’s Uniform Civil Code (UCC) rules have been approved and will be implemented, the Congress on Tuesday said the 22^nd Law Commission had been wound up before it could submit its report on the UCC

 

2. 22nd law commission on UCC

• Underlining that the Uniform Civil Code is “neither necessary nor desirable at this stage”, the 21st Law Commission of India, in 2018, argued for reform of family laws of every religion through amendments and codification of certain aspects so as to make them gender-just
• In its ‘Consultation Paper on Family Law Reforms’, the Law Commission took a stand in favour of “equality ‘within communities’ between men and women” (personal law reform), “rather than ‘equality between’ communities” (UCC)
• According to the 22nd Law Commission Cultural diversity cannot be compromised to the extent that our urge for uniformity itself becomes a reason for threat to the territorial integrity of the nation
• women must be guaranteed their freedom of faith without any compromise on their right to equality

 

3. What is the Uniform Civil Code

• A UCC would provide for one law for the entire country, applicable to all religious communities, in their personal matters such as marriage, divorce, inheritance, adoption etc
• Currently, Indian personal law is fairly complex, with each religion adhering to its own specific laws
• Separate laws govern Hindus including Sikhs, Jains and Buddhist, Muslims, Christians, and followers of other religions
• Moreover, there is diversity even within communities. All Hindus of the country are not governed by one law, nor are all Muslims or all Christians
• For instance, in the Northeast, there are more than 200 tribes with their own varied customary laws
• The Constitution itself protects local customs in Nagaland. Similar protections are enjoyed by Meghalaya and Mizoram. Even reformed Hindu law, in spite of codification, protects customary practices
• The exception to this rule is the state of Goa, where all religions have a common law regarding marriages, divorces, and adoption

4. Constitution on UCC

• Article 44 of the Constitution lays down that the state shall endeavour to secure a UCC for citizens throughout the territory of India
• Article 44 is among the Directive Principles of State Policy. Directive Principles are not enforceable by court, but are supposed to inform and guide governance
• However, in some senses, Article 44 is unique in this manner. While Article 44 uses the words “state shall endeavour”, other Articles in the ‘Directive Principles’ chapter use words such as “in particular strive”; “shall in particular direct its policy”; “shall be obligation of the state
• The phrase “by suitable legislation” is absent in Article 44. All this implies that the duty of the state is greater in other directive principles than in Article 44

5. Uniform Code for Personal Law

Article 25 lays down an individual’s fundamental right to religion; Article 26(b) upholds the right of each religious denomination or any section thereof to “manage its own affairs in matters of religion”

Article 29 defines the right to conserve distinctive culture

An individual’s freedom of religion under Article 25 is subject to “public order, health, morality” and other provisions relating to fundamental rights, but a group’s freedom under Article 26 has not been subjected to other fundamental rights

6. Way forward

Over the next 30 days, the Law Commission will receive views of the public and stakeholders

The notice said the stakeholders concerned are at liberty to make submissions in the form of consultation/discussion/working papers on any of the issues pertaining to the UCC to the Member Secretary, Law Commission of India

After reviewing the submissions, the Law Commission will again make observations/recommendations regarding a UCC, which may or may not differ from the previous Commission’s observations

 

 

For Prelims: Unifrom Civil Code (UCC), DPSP, Fundamental rights, Law Commission For Mains: 1. What is the Uniform Civil Code? What are the challenges in implementing a Uniform Civil Code in a diverse country like India?

 

Previous Year Questions Q1. Consider the following provisions under the Directive Principles of State Policy as enshrined in the Constitution of India: (2012) Securing for citizens of India a uniform civil code Organising village Panchayats Promoting cottage industries in rural areas Securing for all the workers reasonable leisure and cultural opportunities Which of the above are the Gandhian Principles that are reflected in the Directive Principles of State Policy? (a) 1, 2 and 4 only (b) 2 and 3 only (c) 1, 3 and 4 only (d) 1, 2, 3 and 4 Answer (b) 2. A legislation that confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the matter of the application of law violates which one of the following Articles of the Constitution of India? (a) Article 14 (b) Article 28 (c) Article 32 (d) Article 44 Answer (a) Mains 1.Discuss the possible factors that inhibit India from enacting for its citizens a uniform civil code as provided for in the Directive Principles of State Policy. (2015)

Source: indianexpress

 

 

SMART CITIES MISSION

 

1. Context

Almost a decade has passed since the Indian government announced the concept of “smart cities” as the new lighthouses of urbanisation. The June 2015 announcement of 100 smart cities aimed to create models of urban development. However, these lighthouses of urbanity have now been relegated to the annals of India’s urbanisation history

 

2. What is Smart City Mission?

• The Smart Cities Mission aims at developing 100 cities, which were shortlisted, into self-sustainable urban settlements.
• The mission was launched on June 25, 2015, and was projected as one aimed at transforming the process of urban development in the country.
• Among its strategic components is ‘area-based development, which includes city improvement (retrofitting), city renewal (redevelopment), and city extension (greenfield development), plus a pan-city initiative in which ‘smart solutions’ are applied covering larger parts of the city.

3. Key Focus areas of the Smart City Mission

• Key focus areas of the scheme include the construction of walkways, pedestrian crossings, cycling tracks, efficient waste-management systems, integrated traffic management, and assessment.
• The scheme also assesses various indices to track urban development such as the Ease of Living Index, Municipal Performance Index, City GDP framework, Climate-smart Cities assessment framework, etc.

4. Integrated Command and Control Centre (ICCC)

• The Smart Cities Mission includes setting up ICCCs for each such city as a vital step.
• These ICCCs are designed to enable authorities to monitor the status of various amenities in real time.
• Initially aimed at controlling and monitoring water and power supply, sanitation, traffic movement, integrated building management, city connectivity and Internet infrastructure, these centres have since evolved to monitor various other parameters.
• The ICCCs are now also linked to the CCTNS (Crime and Criminal Tracking Networks and Systems) network under the Ministry of Home Affairs.
• The ICCC acts of a smart city acts as a “nerve centre” for operations management.
• It processes a complex and large pool of data sets at an aggregated level. For example, it is now the go-to source for integrated traffic management monitoring.
• The ICCC is the nodal point of availability of all online data and information relating to smart services included in a smart city, such as LED street lighting, CCTV surveillance cameras, air quality sensors, smart parking system, WiFi, electricity and water supply and billing, GIS, e-hospitals, property tax management, estate management, engineering systems, asset management systems, and other services.
• During the pandemic, they also served as war rooms for Covid-19 management.

5. How did the ICCCs help in the management of Covid-19?

• During the pandemic, they also served as war rooms for Covid-19 management.
• During the peak of the first wave, when countries were struggling to figure out ways of combating the virus, the government used the ICCCs as war rooms for managing the outbreak, with real-time surveillance and monitoring of districts across the country.
• Converted into war rooms, the smart cities ICCCs used the central data dashboard and provided information about the status of Covid-positive cases in various administrative zones of these cities, officials aware of the exercise said.
• The war rooms were also used for tracking people under quarantine and suspected Covid 19 cases.

6. Current Status of Smart Cities Mission

• The ambitious project, announced by Prime Minister Narendra Modi in 2015, had an initial deadline of 2021 for the first lot of 20 smart cities out of the 100 selected.
• Although the project was announced in 2015, the cities were selected over a period of two years between 2016 and 2018, each with a deadline of completion within five years from the time of their selection.
• On the recommendation of NITI Aayog, the timeline was extended last year until 2023 due to delays caused by the pandemic.
• According to current Ministry data, the SCM has so far covered over 140 public-private partnerships, 340 smart roads, 78 vibrant public places, 118 smart water projects and over 63 solar projects.

7. What's next?

• The Ministry of Housing and Urban Affairs has begun work to finalise its recommendation for providing ICCCs as a service to states and smaller cities.
• The Ministry aims to finalise an ICCC model and implement a pilot project across Six major states- Uttar Pradesh, Maharashtra, Karnataka, Madhya Pradesh, Rajasthan and Tamil Nadu.

Previous year Question

1. Which of the following statements is/are correct regarding Smart India Hackathon 2017? (UPSC 2017) 1. It is a centrally sponsored scheme for developing every city of our country into Smart Cities in a decade. 2. It is an initiative to identify new digital technology innovations for solving the many problems faced by our country. 3. It is a programme aimed at making all the financial transactions in our country completely digital in a decade. Select the correct answer using the code given below: A. 1 and 3 only B. 2 only C. 3 only D. 2 and 3 only Answer: B

 

For Prelims & Mains

 

For Prelims: Smart Cities Mission, Integrated Command and Control Centres (ICCCs), Greenfield development, Ease of Living Index, Municipal Performance Index, City GDP framework, Climate-smart Cities assessment framework, CCTNS (Crime and Criminal Tracking Networks and Systems), and NITI Aayog. For Mains: 1. What are Smart Cities? Examine their relevance in the urban development of India.(250 Words)

 Source: The Indian Express

 

DATA PROTECTION ACT 2023

 

1. Context 

The Ministry of Electronics and Information Technology on January 3, 2025, released the draft rules for implementing the Digital Personal Data Protection (DPDP) Act, 2023 — 16 months after the law was notified in August 2023. The Union government is currently soliciting feedback on the draft rules through a fiduciary framework that effectively precludes both public disclosure and the submission of counter-comments

2. key provisions of the act

• Consent: Individuals will have the right to give or withhold consent for the collection, use, and sharing of their personal data.
• Data minimization: Data fiduciaries (organizations that collect and process personal data) will be required to minimize the amount of personal data they collect and process.
• Data security: Data fiduciaries will be required to take appropriate measures to protect the security of personal data.
• Data breach notification: Data fiduciaries will be required to notify individuals and the government if there is a data breach.
• Right to access: Individuals will have the right to access their personal data and to request that it be corrected or deleted.
• Right to be forgotten: Individuals will have the right to request that their personal data be deleted if it is no longer necessary for the purpose for which it was collected.

3. The key benefits of the DPDP

• It will give individuals more control over their personal data.
• It will help to protect personal data from unauthorized access, use, and disclosure.
• It will promote the responsible use of personal data by organizations.
• It will help to build trust in the digital economy.

4. Scope and Application

• The proposed law covers the processing of digital personal data within India.
• It also applies to data processing outside India if it involves offering goods or services or profiling individuals in India.
• Data fiduciaries are required to maintain data accuracy, and security, and delete data once its purpose is fulfilled.

5. Enforcement and Penalties

• The bill allows entities violating its provisions to enter voluntary settlements with the data protection board.
• Repeat offences may lead to higher financial penalties.
• The highest penalty for failing to prevent a data breach is set at Rs 250 crore per instance, subject to interpretation by the data protection board.

6. Concerns with the Draft Bill

• The retained provisions from the November 2022 draft include wide-ranging exemptions for the central government and its agencies.
• The control of the central government in appointing members of the data protection board raises concerns.
• Protection of personal data of government functionaries under the bill may impact the Right to Information Act.

7. Expected Changes

• The bill may adopt a 'blacklisting' mechanism for cross-border data flows instead of a whitelisting approach.
• Global data flows would be allowed by default to jurisdictions, not on the specified 'negative list.'
• The provision on "deemed consent" may be reworded to be stricter for private entities while allowing government departments more leeway based on national security and public interest.

Image Source: Indian Express

8. Comparison with Other Countries

• The GDPR serves as the template for most data protection legislation worldwide, focusing on comprehensive data protection.
• The US model emphasizes individual liberty protection but has been criticized for being narrow in focus.
• China has recently implemented laws on data privacy and security, including the Personal Information Protection Law and Data Security Law.

9. The Way Forward

• The Digital Personal Data Protection Bill, if enacted, will have far-reaching implications for data protection in India.
• While concerns regarding exemptions and the data protection board persist, the bill aims to align with global standards and facilitate trade negotiations.
• The final version of the bill is expected to address key issues raised during public consultations and strike a balance between privacy and national interests.

For Prelims: data privacy law, Digital Personal Data Protection Bill 2022, Parliament's Monsoon Session, European Union, Digital India Bill, Indian Telecommunication Bill, non-personal data governance policy, Right to Information Act,  For Mains:  1. Analyze the provisions of the Digital Personal Data Protection Bill, 2022, and discuss its significance in India's technology regulatory framework. (250 Words)

 

 

 

Previous Year Questions   1. Which of the following adopted a law on data protection and privacy for its citizens known as 'General Data Protection Regulation' in April 2016 and started implementation of it from 25th May 2018? (UPSC 2019) A. Australia        B. Canada        C. The European Union        D. The United States of America   Answer: C   2. Read the following: (DSSSB TGT 2018) 1. In India, parliament has 4 sessions in a year. 2. Budget session is presided over by the Chairman of Rajya Sabha, that is the Vice-president of India. 3. During the monsoon session, the President of India addresses the Parliament. Select the correct code: A. Only 2            B. Only 1          C. Only 3              D. None of the above   Answer: D   3. There are usually three Parliamentary sessions in India, viz, the Budget session, the Monsoon session, and _______. (SSC CHSL 2018) A. the Autumn session        B. the Summer session C. the Winter session D. None of these   Answer: C   4. Which of the following is NOT a routine session of the Indian Parliament? (RRB JE 2019)  (HTET TGT Social Studies 2013 - 2014) A. Summer Session    B. Budget Session         C. Winter Session          D. Monsoon Session Answer: A   5. Find out the odd in relation to the Indian Parliament. (NTPC Tier I  2016)  A. Budget Session           B. Summer Session       C. Monsoon Session      D. Winter Session   1. A           2. C            3. D                     4. B   Answer: 4   6. The interval between two sessions of parliament must not exceed ________. (IB ACIO Grade II  2017) A. 3 months         B. 6 months           C. 4 months              D. 100 days   Answer: B   7. The period between the prorogation of a House and its reassembly in a new session is called ______ (SSC JE CE  2021) A. recess      B.  zero hour         C. quorum              D. question hour   Answer: A   8. In terms of Article 85(1), the President must summon each House of Parliament within _____ between the date of its last sitting in a session and the date of the first sitting in the next session. (DSSSB TGT 2018) A. Six months       B. Four and a half months      C. Four months         D.  Five months   Answer: A   9. In which session of the year, President addresses both the Houses of Parliament? (IB ACIO Grade II 2012) A. First session (Budget)         B. Second session (Monsoon) C. Third session (winter)         D. none of the above   Answer: A   10. Consider the following statements about European Union: (MPSC 2019) (a) It is a Political and Economic Union. (b) It was formally established by the Maastricht Treaty. (c) In 2007 Austria and Sweden became the members of European Union. (d) In 2012 the European Union received the Nobel Peace Prize. Which of the above statements are correct?  1. (a), (b), (c)             2.  (c), (d)       3.  (a), (b), (d)                 4. All above   Answer: 3   11. The headquarters of the European Union (EU) is at: (UKSSSC Forest Guard 2020)  A. Paris          B.  London       C. Berlin           D.  Brussels   Answer: D     12. Which among the following European Union countries is the first to officially recognize the State of Palestine? ( BPSC 2015) A. Sweden           B. Denmark            C.  Norway                  D.  Italy   Answer: A   13. Which of the following is/are the aim/aims of "Digital India" Plan of the Government of India? (UPSC 2018) 1. Formation of India's own Internet companies like China did. 2. Establish a policy framework to encourage overseas multinational corporations that collect Big Data to build their large data centres within our national geographical boundaries. 3. Connect many of our villages to the Internet and bring Wi-Fi to many of our schools, public places and major tourist centres. Select the correct answer using the code given below.   A. 1 and 2 only      B. 3 only          C. 2 and 3 only            D. 1, 2 and 3   Answer: B   14. In India, which one of the following is responsible for the implementation of the Government of India's policy in all matters concerning telecommunications? (CDS 2022) A.  Digital Communications Commission B. Telecom Regulatory Authority of India C. Telecom Advisory Committee D. Telecommunications Consultants India Limited   Answer: A   15. With reference to communication technologies, what is/are the difference/differences between LTE (Long-Term Evolution) and VoLTE (Voice over Long-Term Evolution)? (UPSC 2019) 1. LTE is commonly marketed as 3G and VoLTE are commonly marketed as advanced 3G. 2. LTE is data-only technology and VoLTE is voice-only technology. Select the correct answer using the code given below. A. 1 only     B. 2 only            C. Both 1 and 2            D. Neither 1 nor 2   Answer: D     16. Consider the following statements: (UPSC 2017) 1. National Payments Corporation of India (NPCI) helps in promoting the financial inclusion in the country. 2. NPCI has launched RuPay, a card payment scheme 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   Answer: C   17. Consider the following statements: (UPSC 2019)  1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review. 2. The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of the judiciary. 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   Answer: B   18. Which of the following statements are correct? (MPSC 2018) a. Parliament can increase a tax. b. Parliament cannot reduce a tax. c. Parliament can abolish a tax. d. Parliament cannot increase a tax. e. Parliament can reduce a tax. 1. a, c and e         2. b, c and d            3. c, d and e          D. c and d   Answer: 3   19. According to the Right to Information Act 2005, if a person seeks information that concerns the life and security of a person, it shall be provided within a period of _______ from the time of receipt of the request. (Kerala SET 2017) (UP Police SI  2017) A. 24 hours           B. 48 hours           C. 3 days            D.  7 days   Answer: B   20. The Right to Information Act was passed by parliament on  (TNPSC Group 4 2019)  A. 18 October 2005.        B. 12 May 2005         C. 25 October 2005       D. 12 October 2005   Answer: B   1.Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy. (GS2, 2017)

 

Source: The Indian Express

 

BLOOD MONEY

 

 

1. Context

 

The death sentence awarded by a Yemen court to nurse Nimisha Priya from Kerala for murdering her business partner, and the subsequent debates and efforts surrounding her acquittal and repatriation, which involves monetary compensation paid to the victim’s family, have brought the focus back on ‘blood money’ and its implications.

 

2. What is a blood money?

 

 

• The concept of 'blood money,' also known as 'diya,' originates from Islamic Sharia law and is practiced in countries that integrate these principles into their legal frameworks. According to the doctrine of 'diya,' the perpetrator of a crime is required to compensate the victim or, in cases where the victim has died, their family.
• This compensation typically involves a specified amount of a valuable asset, often monetary. The practice is most commonly applied in instances of unintentional murder or culpable homicide.
• It may also be used in murder cases where the victim's family opts against retaliation through 'qisas,' a form of retribution under Sharia law. The primary objective of 'diya' is not to assign a monetary value to human life but to ease the suffering of the victim's family and mitigate their financial hardships.
• However, even when compensation through 'blood money' is agreed upon, the state and community retain the authority to impose additional punitive measures, including fines or other penalties.
• In Saudi Arabia, for example, traffic laws mandate the payment of 'blood money' to the heirs of road accident victims, alongside potential imprisonment for the offender. Such cases involve coordination between statutory law and Sharia, with police determining culpability and Sharia courts setting the amount of compensation.
• Workplace accidents, on the other hand, have predetermined compensation rates decided by a special committee. In 2022, there was discussion about reforming Saudi Arabia's 'blood money' laws to establish equal compensation for men, women, Muslims, and non-Muslims, although these reforms have not yet materialized.
• Similarly, in Iran, where the practice is stringently followed, 'blood money' varies based on religion and gender, with women's compensation traditionally set at half that of men's.
• In 2019, the Supreme Court upheld legislation aimed at equalizing 'blood money,' but its comprehensive implementation is still awaited.
• Pakistan also recognizes the practices of 'diya' and 'qisas,' having incorporated them into its legal system through the Criminal Laws (Amendment) Ordinance of 1991.
• In Yemen, compensation agreements can be reached between the parties involved, with judicial oversight ensuring fairness in the settlement

 

3. India's stand on 'diya'

 

• India’s formal legal system does not recognize provisions for granting or receiving ‘blood money.’ However, it includes a mechanism known as ‘plea bargaining,’ which allows the accused to negotiate with the prosecution.
• Although this concept is not directly comparable to ‘blood money,’ it provides a structured process where the defendant agrees to plead guilty to an offense in exchange for concessions from the prosecutor. These concessions may involve either a reduced charge or a lighter sentence.
• In cases of charge-related concessions, the accused may plead guilty to a lesser offense or one of several charges, leading to the dismissal of the remaining charges. In sentence-related concessions, the guilty plea can result in a punishment less severe than the one prescribed for the offense in question. Plea bargaining was formally introduced in India through the Criminal Law (Amendment) Act, 2005, which added Chapter XXI A to the Code of Criminal Procedure, 1973.
• Unlike the broader scope of ‘blood money,’ plea bargaining in India is subject to various restrictions. It applies only to offenses punishable by imprisonment of less than seven years and cannot be used if the accused has a prior conviction for a similar offense.
• Additionally, it is unavailable for crimes against women, children under the age of 14, heinous offenses like murder or rape, and crimes involving socio-economic issues or civil rights violations. The provision also requires the accused to voluntarily plead guilty without coercion.
• However, similar to the compensation element in ‘blood money,’ plea bargaining under Section 265E may provide for the victim to receive compensation. Furthermore, just as Islamic countries are exploring ways to make ‘blood money’ more inclusive, discussions in India have also focused on refining the plea bargaining system to enhance its effectiveness.
• Despite its introduction, the use of plea bargaining in India has been limited. Experts have raised concerns that prolonged trials and judicial delays might compel even innocent accused individuals to plead guilty under this provision, highlighting the need for careful application and reform of the system

 

4. History of Concept 'blood money'

 

Striking parallels to the concept of 'diya' can be found in the historical legal traditions of various cultures worldwide.

In ancient Ireland, the Brehon laws of the seventh century AD outlined systems known as ‘Éraic’ (body price) and ‘Log nEnech’ (honor price). These laws rejected capital punishment as a means of justice, favoring instead the resolution of disputes through compensation. Under Éraic, the amount of compensation was determined by the gravity of the offense, while Log nEnech took the victim’s social status into account when deciding the payment amount.

Similarly, early Welsh law recognized the concept of ‘Galanas,’ which mandated compensation based on the victim's status. In cases of murder, payment of a 'blood fine' was typically obligatory, except when the killing could be justified or excused by specific circumstances. A comparable concept known as ‘Wergeld’ emerged in early medieval Germany. Like 'blood money,' this system formalized compensation for crimes, particularly in cases involving personal harm or death, reflecting similar principles of restitution over retribution

 

Source: The Hindu

 

ANTIVENOMS

 

 

1. Context

 

A landmark 2020 study by researchers from Canada, India, and the U.K. estimated that between 2001 and 2014, a staggering 1.2 million snakebite deaths and three-times as many cases of disability occurred in India

 

2. What are Antivenoms?

 

• Antivenoms, also known as antivenins, are critical medicines designed to treat snakebites. They are developed by introducing small doses of venom into animals, typically horses, which stimulate the production of antibodies as part of their immune reaction. These antibodies are then used to create antivenoms.
• Snake venom is among nature’s most potent weapons, consisting of a highly specialized mix of toxic proteins evolved to immobilize, and sometimes digest, prey or defend against threats.
• When a snakebite delivers a significant amount of venom, its toxins can cause severe damage to the human body. Haemotoxins attack blood cells and disrupt coagulation, neurotoxins interfere with nerve signals and induce paralysis, and cytotoxins break down tissue around the bite. Without timely medical care, these effects can often be fatal.
• Antivenoms play a crucial role in countering venom’s effects. They neutralize venom toxins by binding to them, enabling the body’s natural systems to safely eliminate the toxins over time. However, for treatment to be effective, it is essential to identify the snake species responsible for the bite and estimate the venom’s quantity.
• In India, polyvalent antivenoms (PVAs) are used to target multiple snake species. However, their effectiveness can vary against rarer species. Advancing treatment options requires a deeper understanding of venom’s complexity and the processes involved in producing antibodies

 

3. How does antivenom work?

 

• The creation of antivenom showcases a blend of human innovation, the resilience of animals, and the principles of immunology, tracing its origins to the groundbreaking work of French physician Albert Calmette in the 1890s. Calmette pioneered the use of horses in antivenom production, a method still in practice today.
• The process begins with trained experts capturing healthy, mature venomous snakes from the wild and extracting their venom through a procedure known as “milking.” This venom is then used to immunize horses by administering gradually increasing doses over several weeks.
• The amount of venom injected is carefully regulated: insufficient doses elicit a weak immune response, while excessive doses may harm the horse.
• As the horses' immune systems respond, they produce antibodies specifically designed to neutralize the toxins in the venom. These antibodies are highly specialized, akin to a lock-and-key mechanism, targeting the exact toxins introduced.
• This process is similar to how humans build immunity to familiar pathogens, such as those causing the flu or common colds, through repeated exposure or vaccination. Once the horses have developed a strong immune response, the antibodies are extracted from their blood, purified, and formulated into antivenom.
• In India, several companies, including Bharat Serums and Vaccines, Haffkine Bio-pharmaceutical Corporation, and ViNS Bioproducts, produce antivenom using this method. A vital part of this process is the contribution of the Irula tribe in Tamil Nadu.
• Renowned for their expertise in safely capturing snakes and extracting venom in controlled conditions, the Irular people provide a reliable supply of high-quality venom. Their skills are indispensable to the antivenom production chain, ensuring its continuity and effectiveness

 

4. How Common Snakebites are in India?

 

• India is home to over 300 snake species, with more than 60 of them being venomous, varying from mildly to highly toxic. The "Big Four" snakes — the Indian cobra (Naja naja), common krait (Bungarus caeruleus), Russell’s viper (Daboia russelii), and saw-scaled viper (genus Echis) — are responsible for the majority of snakebite fatalities. Venom from these four species is used in the production of polyvalent antivenoms (PVAs) in India.
• However, this approach leaves other venomous species, such as the king cobra, monocled cobra, banded krait, Sochurek’s saw-scaled viper, hump-nosed viper, and various pit vipers, uncovered by existing PVAs. This gap means that victims bitten by these snakes often receive ineffective treatment, leading to severe or even fatal outcomes.
• A pivotal 2020 study conducted by researchers from Canada, India, and the U.K. estimated that between 2001 and 2014, India experienced a staggering 1.2 million deaths and three times as many cases of permanent disability due to snakebites. The study also revealed that one in 250 Indians is at risk of succumbing to a snakebite before turning 70.
• These alarming statistics highlight a complex interplay of ecological, social, and systemic issues. Rural communities, particularly agricultural workers, face the greatest risk, especially during the monsoon season when snake activity increases.
• Additionally, rapid and often unregulated urbanization, inadequate waste management, and urban flooding have heightened human-snake encounters, leaving even urban populations increasingly vulnerable

 

Why are antivenoms hard to get?   India holds the distinction of being the world's largest producer and consumer of antivenoms. Despite this, access to timely medical treatment remains a significant challenge, especially for people in remote regions who must travel long distances to reach healthcare facilities that stock antivenoms. Even when antivenoms are available, issues such as improper administration and inadequate medical infrastructure worsen the situation. Delays in treatment are often caused by logistical barriers, unequal access to healthcare, and the influence of superstitions and cultural practices in many areas. Additionally, antivenoms require transportation under cold storage conditions, but rural India often lacks the necessary infrastructure and reliable power supply. As a result, facilities that operate with limited resources may store antivenoms improperly, leading to their degradation and reduced effectiveness. The high cost of antivenom production further restricts accessibility for economically disadvantaged populations. This disparity emphasizes the urgent need for innovative, targeted solutions and research to address these challenges effectively

 

 

5. How are antivenoms are changing?

 

• Future advancements in antivenom production offer significant promise. Researchers are leveraging recombinant DNA technology to develop lab-engineered, synthetic antivenoms that are free of animal-derived proteins, enhancing both safety and efficacy.
• Additionally, computer-designed proteins are speeding up the development process by enabling researchers to optimize antibodies for specific clinical applications.
• For instance, on January 15, a team of researchers from Denmark, the U.K., and the U.S., led by 2024 Nobel laureate David Baker, successfully utilized Artificial Intelligence (AI) to design synthetic antivenoms.
• These breakthroughs signal the potential for greater effectiveness, wider availability, and a move away from the traditional century-old methods of antivenom production.
• Region-specific antivenoms also represent a promising direction. Research led by Karthik Sunagar at the Indian Institute of Science, Bengaluru, has highlighted the variations in venom composition across species and geographic regions.
• By mapping these toxin profiles, scientists are working toward creating tailored antivenoms for more precise treatments.
• Furthermore, innovations like portable venom-detection kits and rapid diagnostic tools are helping to ensure antivenoms are used more effectively. With sustained investment in research, public awareness, and infrastructure improvements, India can make significant strides in addressing its snakebite crisis, paving the way for a future where tragedies like Mayuri’s become a rarity

 

For Prelims: Snakebites, antivenom, non Communicable diseases   For Mains: GS III - Science & Technology

 

 

Source: The Hindu

 

 

ETHANOL BLENDING

1. Context

India has the advantage of achieving carbon neutrality through bioethanol and renewable energy-based electrification but the government needs to create a mechanism to make prices of bioethanol fuel more affordable to make it economically viable for users

 

2. Ethanol

• Ethanol, also known as ethyl alcohol, is a type of alcohol commonly used as a biofuel and a key ingredient in alcoholic beverages.
• It is a clear, colorless liquid with a characteristic odor and a slightly sweet taste.
• Ethanol has a wide range of applications and is produced through the fermentation of sugars by yeast or other microorganisms.

3. Ethanol Blending

• Ethanol blending refers to the practice of mixing ethanol with gasoline or other fuels to create a blended fuel.
• Ethanol is a biofuel derived from renewable sources such as sugarcane, corn, or other plant materials.
• It is commonly used as an additive to gasoline in various parts of the world to reduce greenhouse gas emissions and promote cleaner fuel options.
• In the context of transportation, the most common form of ethanol blending is with gasoline, creating a blend known as ethanol-gasoline blend or gasohol.
• The most common ethanol-gasoline blends are E10 and E15, indicating the percentage of ethanol in the mixture. For example, E10 contains 10% ethanol and 90% gasoline, while E15 contains 15% ethanol and 85% gasoline.

4. Benefits of Ethanol blending

• Ethanol is considered a renewable fuel because it is derived from plant materials that absorb carbon dioxide during their growth. When blended with gasoline, ethanol can help reduce the carbon footprint of transportation fuels, as it emits fewer greenhouse gases compared to pure gasoline.
• By blending ethanol with gasoline, countries can reduce their reliance on imported fossil fuels and promote energy security.
• Ethanol has a higher octane rating than gasoline, which can improve engine performance and increase fuel efficiency.
• Ethanol production often relies on agricultural feedstocks, providing economic benefits to farmers and rural communities.
• Ethanol-gasoline blends can help reduce harmful pollutants such as carbon monoxide and volatile organic compounds, contributing to improved air quality.
• Mixing 20 percent ethanol in petrol can potentially reduce the auto fuel import bill by a yearly $4 billion, or Rs 30,000 crore. 
• Another major benefit of ethanol blending is the extra income it gives to farmers. Ethanol is derived from sugarcane and also foodgrains. Hence, farmers can earn extra income by selling their surplus produce to ethanol blend manufacturers.

5. What is E20 Fuel?

• E20 fuel is a type of blended fuel that contains 20% ethanol and 80% gasoline.
• It is an ethanol-gasoline blend, similar to other common blends like E10 (10% ethanol) and E15 (15% ethanol).
• The percentage of ethanol in the blend is denoted by the "E" followed by the percentage of ethanol content.
• E20 fuel is considered a higher ethanol blend compared to E10 and E15, which are more widely available in various countries.
• The use of E20 is part of efforts to promote renewable fuels and reduce greenhouse gas emissions from the transportation sector.

6. Significance of E20 fuel

• Reduced Greenhouse Gas Emissions: Ethanol is derived from renewable plant sources, and blending it with gasoline can help reduce the carbon footprint of transportation fuels, contributing to efforts to combat climate change.
• Energy Security: By using more domestically produced ethanol, countries can reduce their dependence on imported fossil fuels and enhance energy security.
• Improved Engine Performance: Ethanol's higher octane rating can enhance engine performance and increase fuel efficiency in certain vehicles.
• Support for Agriculture: Ethanol production often relies on agricultural feedstocks, supporting farmers and rural economies.

7. Challenges in Ethanol Blending Programme

While ethanol blending in transportation fuels offers various benefits, there are several challenges that countries may face in implementing and sustaining a successful ethanol blending program. Some of these challenges include:

• Infrastructure and Distribution: Establishing the necessary infrastructure for blending and distributing ethanol-gasoline blends can be a significant challenge. This includes ensuring that fuel stations have the proper storage facilities and compatible pumps to dispense blended fuels.
• Compatibility with Vehicles: Not all vehicles are designed to run on high ethanol blends like E20 or E85. Older vehicles or vehicles from certain manufacturers may not be compatible with these blends, leading to potential engine damage or decreased performance.
• Fuel Quality and Standards: Maintaining consistent fuel quality is essential to prevent engine damage and ensure consumer confidence. Governments and fuel suppliers must adhere to strict quality standards and monitor the blending process to avoid issues with fuel performance.
• Feedstock Availability and Cost: The production of ethanol relies on agricultural feedstocks, such as corn, sugarcane, or other biomass. The availability and cost of these feedstocks can vary, affecting the overall cost of ethanol production and blending.
• Land Use and Food Security Concerns: Utilizing agricultural land for ethanol production can raise concerns about competing with food production and potentially impacting food security in some regions.
• Competing Uses for Ethanol: Ethanol has various applications beyond fuel blending, such as in the production of alcoholic beverages, pharmaceuticals, and industrial chemicals. Competing uses can influence the availability and cost of ethanol for blending.

8. National Biofuel Policy

• India has a National Policy on Biofuels, which was first introduced in 2009 and later revised in 2018.  The policy aims to promote the use of biofuels to reduce the country's dependence on fossil fuels, enhance energy security, promote sustainable development, and mitigate greenhouse gas emissions.
• The policy encourages the blending of biofuels with conventional fossil fuels to create biofuel blends. It focuses on the production and utilization of first-generation biofuels like ethanol and biodiesel, as well as advanced biofuels made from non-food feedstock.
• The policy sets targets for blending biofuels with conventional fuels in the transportation sector. For instance, the policy aimed for a 20% ethanol blending in petrol and a 5% biodiesel blending in diesel by 2030.
• The policy emphasizes the development and promotion of second-generation biofuels, which are produced from non-food feedstock, such as agricultural residues, waste, and non-edible oils. This helps avoid competition with food crops and ensures sustainability.
• The policy supports research and development initiatives in the biofuels sector, aimed at improving production processes, enhancing feedstock availability, and developing cost-effective technologies for biofuel production.
• The policy focuses on creating a robust supply chain for biofuels, from feedstock cultivation and collection to biofuel production, distribution, and marketing. This helps in ensuring a smooth and efficient supply of biofuels across the country.

For Prelims: Ethanol Blending, E20 fuel, Greenhouse Gas Emission, National Policy on Biofuels, Food Security, and Gasoline. For Mains: 1. Discuss the benefits and challenges of ethanol blending in transportation fuels as a strategy to reduce greenhouse gas emissions and promote renewable energy sources. (250 Words).

 

Previous year Question 1. According to India's National Policy on Biofuels, which of the following can be used as raw materials for the production of biofuels? (UPSC 2020) 1. Cassava 2. Damaged wheat grains 3. Groundnut seeds 4. Horse gram 5. Rotten potatoes 6. Sugar beet Select the correct answer using the code given below: A. 1, 2, 5, and 6 only B. 1, 3, 4, and 6 only C. 2, 3, 4, and 5 only D. 1, 2, 3, 4, 5 and 6 Answer: A

Source: The Indian Express