LINE OF ACTUAL CONTROL (LAC)
|
The eastern sector which spans Arunachal Pradesh and Sikkim,
The middle sector in Uttarakhand and Himachal Pradesh, and the western sector in Ladakh
|
- The alignment of the LAC in the eastern sector is along the 1914 McMahon Line, and there are minor disputes about the positions on the ground as per the principle of the high Himalayan watershed
- This pertains to India’s international boundary as well, but for certain areas such as Longju and Asaphila
- The line in the middle sector is the least controversial but for the precise alignment to be followed in the Barahoti plains.
- The major disagreements are in the western sector where the LAC emerged from two letters written by Chinese Prime Minister Zhou Enlai to PM Jawaharlal Nehru in 1959, after he had first mentioned such a ‘line’ in 1956.
- In his letter, Zhou said the LAC consisted of “the so-called McMahon Line in the east and the line up to which each side exercises actual control in the west”
- After the 1962 War, the Chinese claimed they had withdrawn to 20 km behind the LAC of November 1959
- During the Doklam crisis in 2017, the Chinese Foreign Ministry spokesperson urged India to abide by the “1959 LAC”
- India rejected the concept of LAC in both 1959 and 1962. Even during the war, Nehru was unequivocal: “There is no sense or meaning in the Chinese offer to withdraw twenty kilometres from what they call ‘line of actual control’
- LAC was discussed during Chinese Premier Li Peng’s 1991 visit to India, where PM P V Narasimha Rao and Li reached an understanding to maintain peace and tranquillity at the LAC.
- India formally accepted the concept of the LAC when Rao paid a return visit to Beijing in 1993 and the two sides signed the Agreement to Maintain Peace and Tranquillity at the LAC
- The reference to the LAC was unqualified to make it clear that it was not referring to the LAC of 1959 or 1962 but to the LAC at the time when the agreement was signed
- To reconcile the differences about some areas, the two countries agreed that the Joint Working Group on the border issue would take up the task of clarifying the alignment of the LAC
The LoC emerged from the 1948 ceasefire line negotiated by the UN after the Kashmir War. It was designated as the LoC in 1972, following the Shimla Agreement between the two countries. It is delineated on a map signed by DGMOs of both armies and has the international sanctity of a legal agreement.
The LAC, in contrast, is only a concept – it is not agreed upon by the two countries, neither delineated on a map or demarcated on the ground.
|
For Prelims: LAC, LOC For Mains: 1.What is this ‘line of control’? Is this the line China have created by aggression. Comment 2.What we know about the clash between Indian and Chinese soldiers in Arunachal Pradesh |
|
Previous Year Questions 1.The Line of Actual Control (LAC) separates (Karnataka Civil Police Constable 2020) A.India and Pakistan B.India and Afghanistan C.India and Nepal D.India and China Answer (D) 2.LAC (Line of Actual Control) is an effective border between India and ______. (SSC CHSL 2020) A.Pakistan B.Bhutan C.Sri Lanka D.China Answer (D) |
STUBBLE BURNING
1. Context
2. What is Stubble?
Stubble refers to the leftover plant material, mainly crop residues, that remains in the field after the primary crop has been harvested. This includes the stems, leaves, and other organic material that is left behind.
Stubble burning is a common agricultural practice where farmers set fire to crop residues, such as straw and stubble, that remain in the field after the main crop (usually paddy or wheat) has been harvested. This practice is typically used as a quick and cost-effective method to clear the field for the next planting season. Stubble burning is particularly prevalent in regions with mechanized farming, where machines like combine harvesters leave behind a significant amount of crop residues.
3. Stubble burning contributes to air pollution
When stubble is burned, it releases a variety of pollutants into the air, including particulate matter, carbon monoxide, nitrogen oxides, and sulfur dioxide. These pollutants can cause several health problems, including respiratory problems, heart disease, and cancer.
Stubble burning is a major contributor to air pollution in many parts of the world. In India, for example, stubble burning is responsible for up to 30% of the air pollution in Delhi during the winter months.
- Stubble burning generates fine particulate matter (PM2.5 and PM10) that can penetrate deep into the respiratory system, leading to respiratory problems and reduced air quality.
- The combustion of stubble releases carbon monoxide, which can have adverse health effects when inhaled, particularly in enclosed spaces.
- Stubble burning produces Volatile Organic Compounds (VOCs), which can react with other pollutants in the atmosphere, contributing to the formation of ground-level ozone, a major air pollutant.
- Burning stubble emits greenhouse gases like carbon dioxide (CO2) and methane (CH4), contributing to climate change.
- The combustion of crop residues can release various hazardous chemicals and pollutants, further deteriorating air quality.
4. About the Central Scheme for the Promotion of Agricultural Mechanisation for In-Situ Management of Crop Residue
The Central Scheme on Promotion of Agricultural Mechanisation for In-Situ Management of Crop Residue (AMICMR) is a scheme launched by the Government of India to promote the use of in-situ techniques for managing crop residue. In-situ techniques are those that are used to manage crop residue on the field, rather than burning it. Examples of in-situ techniques include:
- Mulching is the practice of covering the soil with a layer of organic material, such as straw or leaves. This can help to suppress weeds, retain moisture, and improve soil health.
- Zero tillage is the practice of planting crops without tilling the soil. This can help to prevent soil erosion and retain moisture in the soil.
- Direct seeding is the practice of planting seeds directly into the soil, rather than transplanting seedlings. This can help to reduce soil disturbance and prevent the spread of weeds.
The AMICMR scheme provides financial assistance to farmers to purchase machinery that can be used for in-situ management of crop residue. The scheme also provides training and extension services to farmers on how to use these techniques.
The AMICMR scheme is a promising initiative that could help to reduce air pollution caused by stubble burning. However, the scheme needs to be scaled up and made more widely available to farmers to have a significant impact.
5. Conclusion
Stubble burning is a major contributor to air pollution in many parts of the world. However, there are several alternatives to stubble burning, such as in-situ management of crop residue. In-situ management of crop residue is a more sustainable way to manage stubble, as it does not release pollutants into the air and has several benefits for soil health and crop yields.
|
For Prelims: Stubble burning, air pollution, particulate matter, carbon monoxide, nitrogen oxides, sulfur dioxide, PM2.5, PM10, Volatile Organic Compounds, ozone, carbon dioxide, methane, Climate Change, The Central Scheme on Promotion of Agricultural Mechanisation for In-Situ Management of Crop Residue,
For Mains:
1. Critically evaluate the effectiveness of the Central Scheme on Promotion of Agricultural Mechanisation for In-Situ Management of Crop Residue (AMICMR) in addressing the issue of stubble burning in India. (250 Words)
|
|
Previous Year Questions 1. In the cities of our country, which among the following atmospheric gases are normally considered in calculating the value of Air Quality Index? ( UPSC 2016)
Select the correct answer using the code given below: (a) 1, 2 and 3 only (b) 2, 3 and 4 only (c) 1, 4 and 5 only (d) 1, 2, 3, 4 and 5 Answer: B 2. Acid rain is caused by the pollution of the environment (UPSC 2013, 2022) (a) Carbon Dioxide and Nitrogen (b) Carbon Monoxide and Carbon Dioxide (c) Ozone and Carbon Dioxide (d) Nitrous Oxide and Sulphur Dioxide Answer:D 3. Biological Oxygen Demand (BOD) is a standard criterion for (UPSC 2017) (a) Measuring oxygen level in blood (b) Computing oxygen levels in forest ecosystems (c) Pollution assay in aquatic ecosystem (d) Assessing oxygen levels in high-altitude regions Answer: C 4. Consider the following: (UPSC 2019) 1. Carbon monooxide
2. Methane
3. Ozone
4. Sulphur dioxide
Which of the above are released into atmosphere due to the burning of crop/biomass residue? A. 1 and 2 only B. 2, 3 and 4 only C. 1 and 4 only D. 1, 2, 3 and 4 Answer: D 5. What is Particulate matter? (BPSC 2016) A. Solid residue B. Air pollutant C. Water pollutant D. Soil pollutant E. None of the above/More than one of the above Answer: B 6. Carbon monoxide is a poisonous gas because it: (OPSC OAS 2021) A. Binds to digestive hormones
B. Damages lungs
C. Destroys RBCs
D. Binds to haemoglobin
Answer: D 7. Consider the following statements: (UPSC 2019) 1. Agricultural soils release nitrogen oxides into environment.
2. Cattle release ammonia into environment.
3. Poultry industry releases reactive nitrogen compounds into environment.
Which of the statements given above is/are correct? A. 1 and 3 only B. 2 and 3 only C. 2 only D. 1, 2 and 3 Answer: D 8. In the context of WHO Air Quality Guidelines, consider the following statements: (UPSC 2022) 1. The 24-hour mean of PM2.5 should not exceed 15 μg/m³ and annual mean of PM2.5 should not exceed 5 μg/m³.
2. In a year, the highest levels of ozone pollution occur during the periods of inclement weather.
3. PM10 can penetrate the lung barrier and enter the bloodstream. 4. Excessive ozone in the air can trigger asthma.
Which of the statements given above are correct? A. 1, 3 and 4 B. 1 and 4 only C. 2, 3 and 4 D.1 and 2 only Answer: B 9. Which of the following is a VOC? (MP Vyapam Sub Engineer Mechanical 2022) A. Toulene B. Water C. Carbon dioxide D. Carbon monoxide Answer: A 10. Which of the following Volatile Organic Compounds (VOCs) are emitted from anthropogenic sources only? (UGC NET 2023) A. Isoprene
B. Benzene
C. Terpene
D. Methane
E. Toluene
1. A, B and C Only 2. B and E Only 3. A and C Only 4. C, D and E Only Answer: 2 11. Which one of the following is associated with the issue of control and phasing out of the use of ozone-depleting substance? (UPSC 2015) A. Bretton Woods Conference B. Montreal Protocol C. Kyoto Porotocol D. Nagoya Protocol Answer: B 12. The increasing amount of carbon dioxide in the air is slowly raising the temperature of the atmosphere, because it absorbs (UPSC 2012) A. the water vapour of the air and retains its heat
B. the ultraviolet part of the solar radiation
C. all the solar radiations
D. the infrared part of the solar radiation
Answer: D 13. Which of the following adds/add carbon dioxide to the carbon cycle on the planet Earth? (UPSC 2014) 1. Volcanic action
2. Respiration
3. Photosynthesis
4. The decay of organic matter
Select the correct answer using the code given below A. 1 and 3 only B. 2 only C. 1, 2 and 4 only D. 1, 2, 3 and 4 Answer: C 14. Which of the following statements are correct about the deposits of 'methane hydrate'? (UPSC 2019) 1. Global warming might trigger the release of methane gas from these deposits.
2. Large deposits of 'methane hydrate' are found in Arctic Tundra and under the seafloor.
3. Methane in atmosphere oxidizes to carbon dioxide after a decade or two.
Select the correct answer using the code given below: A. 1 and 2 only B. 2 and 3 only C. 1 and 3 only D. 1, 2 and 3 Answer: D 15. With reference to two non-conventional energy sources called 'coalbed methane' and 'shale gas' consider the following statements: (UPSC 2014) 1. Coalbed methane is the pure methane gas extracted from coal seams, while shale gas is a mixture of propane and butane only that can be extracted from fine-grained sedimentary rocks. 2. In India, abundant coalbed methane sources exist, but so far no shale gas sources have been found. 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: D Mains
1. Describe the key points of the revised Global Air Quality Guidelines (AQGs) recently released by the World Health Organisation (WHO). How are these different from its last update in 2005? What changes in India’s National Clean Air Programme are required to achieve revised standards? ( UPSC 2021)
|
NATIONAL HUMAN RIGHTS COMMISSION (NHRC)
- The National Human Rights Commission (NHRC) is a statutory body established in India in 1993 under the Protection of Human Rights Act, 1993.
- It serves as an autonomous public institution tasked with the protection and promotion of human rights across the country.
- The NHRC investigates complaints of human rights violations, conducts inquiries, and recommends remedial action to the government.
- It also plays a role in promoting awareness of human rights and providing education on related issues.
- The commission consists of a chairperson and several members appointed by the President of India, and it operates at both the central and state levels
- The National Human Rights Commission (NHRC) was established in India on October 12, 1993, under the Protection of Human Rights Act, 1993.
- This Act was enacted to fulfill the obligations India undertook by becoming a signatory to the Vienna Declaration and Programme of Action, which called for the establishment of national institutions for the promotion and protection of human rights.
- The NHRC was founded with the aim of addressing human rights violations and promoting awareness and respect for human rights across the country. It operates as an autonomous body, independent of the government, to ensure impartiality and effectiveness in its functioning.
- Since its inception, the NHRC has played a crucial role in investigating complaints of human rights violations, conducting inquiries, and making recommendations to the government for remedial action. It also engages in advocacy, education, and awareness programs to promote a culture of human rights in India.
- Over the years, the NHRC has evolved and expanded its scope to address various human rights issues, including those related to civil, political, economic, social, and cultural rights. It operates at both the central and state levels, with a chairperson and members appointed by the President of India.
- The NHRC's history is marked by its efforts to uphold the principles of justice, equality, and dignity enshrined in the Indian Constitution and international human rights instruments
The composition of the National Human Rights Commission (NHRC) includes a chairperson and several members appointed by the President of India. According to the Protection of Human Rights Act, 1993, the NHRC consists of:
-
Chairperson: The chairperson is appointed by the President of India and must be a retired Chief Justice of the Supreme Court or a serving or retired Judge of the Supreme Court.
-
Members: The NHRC can have up to four members, including a member who is or has been a Judge of the Supreme Court, a member who is or has been the Chief Justice of a High Court, and two other members who have knowledge or practical experience in matters relating to human rights.
These appointments aim to ensure the independence, expertise, and credibility of the NHRC in addressing human rights issues effectively. The members serve fixed terms as specified by the Act, and they collectively contribute to the commission's efforts to protect and promote human rights across the country
5.Appointment of NHRC Members
The appointment of members to the National Human Rights Commission (NHRC) follows a process outlined in the Protection of Human Rights Act, 1993. Here's an overview of the appointment procedure:
-
Selection Committee: A Selection Committee is constituted to recommend candidates for appointment as Chairperson and members of the NHRC. The Selection Committee is chaired by the Prime Minister of India and includes the following members:
- The Speaker of the Lok Sabha (House of the People) or the Deputy Speaker, in case the Speaker is unable to attend.
- The Minister in charge of the Ministry of Home Affairs in the Government of India.
- The Leader of the Opposition in the Lok Sabha.
- The Leader of the Opposition in the Rajya Sabha (Council of States) in the absence of the Leader of the Opposition in the Lok Sabha
- The NHRC is authorized to inquire into complaints of human rights violations received from individuals or groups. It can investigate violations committed by public servants or by any authority or person acting under the government's authority
- The Commission has the power to monitor human rights violations, including through suo moto action, where it can initiate an inquiry based on media reports, complaints, or its own knowledge
- Following investigations or inquiries, the NHRC can make recommendations to the concerned authorities for remedial action, prosecution, or compensation to victims of human rights violations
- The NHRC engages in activities to raise awareness about human rights issues through seminars, workshops, publications, and other educational programs
- It advises the government on policies and measures to promote and protect human rights effectively
- The NHRC can intervene in court proceedings related to human rights violations, either as a party or as amicus curiae (friend of the court)
- The Commission conducts research and studies on human rights issues to better understand the challenges and formulate appropriate responses
- Based on its findings and experiences, the NHRC can recommend legislative reforms to strengthen human rights protection in the country
- The NHRC collaborates with international human rights organizations and participates in international forums to promote human rights globally
- The NHRC has the authority to visit and monitor places of detention, such as prisons and juvenile homes, to ensure that inmates' human rights are respected
- The NHRC lacks direct enforcement authority. It can investigate human rights violations, make recommendations, and issue guidelines, but it cannot enforce its decisions or ensure their implementation. Its recommendations are non-binding, and compliance by government agencies or other authorities is voluntary.
- The process of investigation and resolution of complaints by the NHRC can be lengthy and time-consuming, leading to delays in providing justice to victims of human rights violations. This delay can undermine the effectiveness of the NHRC in addressing urgent and serious violations
- The NHRC operates with limited resources, including budgetary allocations and staffing. This constraint can affect its capacity to handle a large number of complaints effectively and conduct thorough investigations into human rights violations
- The NHRC's jurisdiction is limited to investigating human rights violations committed by public servants or authorities acting under the government's authority. It may not have jurisdiction over violations by non-state actors or in certain areas like the armed forces, where separate mechanisms exist
- There have been instances where political pressures or interference have affected the independence and impartiality of the NHRC. Political influence can hinder its ability to address human rights violations objectively and without bias
- Many people, especially in rural areas and marginalized communities, may not be aware of the NHRC's existence or how to access its services. This lack of awareness and accessibility can prevent victims of human rights violations from seeking redress through the commission
- Even when the NHRC makes recommendations for remedial action or compensation, there may be instances where these recommendations are not implemented fully or effectively by the concerned authorities
|
For Prelims: National Human Rights Commission
For Mains: Emerging Human Rights Challenges, Role and Functions of the National Human Rights Commission (NHRC)
|
|
Previous Year Questions
1.Other than the Fundamental Rights, which of the following parts of the Constitution of India reflect/reflects the principles and provisions of the Universal Declaration of Human Rights (1948)? (UPSC CSE 2020)
Select the correct answer using the code given below: (a) 1 and 2 only Answer: (d) 2.Consider the following: (UPSC CSE 2011)
Which of the above is/are Human Right/Human Rights under “Universal Declaration of Human Rights”? (a) 1 only Answer: (d)
1.Though the Human Rights Commissions have contributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty and powerful. Analysing theirstructural and practical limitations, suggest remedial measures. (UPSC CSE Mains GS 1 2021) |
POCSO ACT
1. Context
2. Development of Legislation Against Child Sexual Abuse in India
- The Constitution of India includes provisions to protect children's rights.
- India has ratified international instruments like the Convention on the Rights of the Child and the Protocol on the Sale of Children.
- India lacked specific legislation addressing child sexual abuse.
- Cases were tried under various provisions of the Indian Penal Code, which were deemed insufficient.
- A child sexual abuse racket was exposed in Goa during the 1990s.
- The state government responded by enacting a law in 2003 to promote child rights.
- The Special Expert Committee under Justice VR Krishna Iyer drafted the Children's Code Bill, presenting a comprehensive framework for child rights in India.
- In 2005, the Department of Women and Child Development prepared a draft bill to address different offenses targeted against children.
- Published by the Ministry of Women and Child Development.
- Covered 13 states with a sample size of 12,447 children, 2,324 young adults, and 2,449 stakeholders.
- Found that 50.76% of children surveyed reported experiencing one or more forms of sexual abuse.
- Boys reported a higher overall percentage of sexual abuse than girls, contrary to prevailing perceptions.
- In September 2010, the Ministry of Women and Child Development prepared a draft bill.
- After several revisions, it came into force as the POCSO Act on Children's Day (November 14, 2012).
3. Analysis of POCSO Act Trials and Case Characteristics
- Acquittals and Convictions: Analysis shows that 43.44% of trials under the POCSO Act end in acquittals, while only 14.03% end in convictions. For every one conviction, there are three acquittals, indicating a significant disparity.
- State-wise Disparity in Acquittals and Convictions: Acquittals are significantly higher than convictions in all states studied. Examples: In Andhra Pradesh, acquittals are seven times more than convictions, and in West Bengal, acquittals are five times more than convictions. Kerala has a relatively lower gap, with acquittals constituting 20.5% and convictions constituting 16.49% of total disposals.
- Relationship Between Victim and Accused: Out of 138 examined judgments, only 6% of cases involved accused who were strangers to the victim. In 44% of cases, the relationship between the victim and accused was unidentified. Known acquaintances constituted 22.9% of the accused, family members accounted for 3.7%, and cases with prior romantic relationships made up 18%.
- Age Distribution of Victims and Accused: Among the 138 cases studied, 5.47% of victims were under 10 years, 17.8% were between 10-15 years, and 28% were between 15-18 years. The age of the victim was unidentified in 48% of cases. Age details of accused individuals were not identified in 63.6% of cases. Identified age ranges of accused: 11.6% between 19-25 years, 10.9% between 25-35 years, 6.1% between 35-45 years, and 6.8% above 45 years.
- Offenses and Severity: Penetrative sexual assault (31.18%) and aggravated penetrative sexual assault (25.59%) collectively account for over half of all POCSO cases. These offenses carry the most stringent punishments under the POCSO Act.
4. Analysis of POCSO Case Disposal and Pendency
- Delayed Disposal: On average, it takes 509.78 days for a POCSO case to be disposed of, exceeding the one-year stipulated timeframe under the Act.
- Increase in Pending Cases: The pendency of POCSO cases had been gradually increasing over the years. Notably, there was a sharp rise in pending cases between 2019 and 2020, attributed to the impact of the COVID-19 pandemic.
- Reasons for Delay: Slow pace of police investigation and delays in depositing samples with Forensic Science Laboratories were identified as primary reasons for case delays.
- Transfers of Cases: 22.76% of cases were disposed of through transfers from one court to another. One-fifth of the cases in the dataset ended in transfers, indicating administrative mismanagement or wrongful appreciation of facts by the police.
- Increasing Transfer Trend: The percentage of transfers out of total disposals was around 8% in 2013 but rose to a little over 19% in 2019 and a concerning 42% in 2020. This trend is seen as problematic due to the time wasted as cases are transferred between courts.
5. POCSO Trials and Case Statistics in India
- Delhi's POCSO Trials and Case Length: Delhi has the highest number of POCSO trials in the country, with 13.54 cases per 100,000 population in 2018. However, Delhi also had the highest average case length in 2020, at 1,284.33 days.
- Average Time for Convictions: Chandigarh and West Bengal are the only states where the average time taken for convictions is within one year. States like Chhattisgarh, Haryana, Kerala, Sikkim, Chandigarh, and the NCT of Delhi have a higher reporting of POCSO cases.
- Districts with the Highest Number of POCSO Trials: The five districts with the highest number of POCSO trials (pending and disposed of) are Namchi (Sikkim), New Delhi, Central Delhi, Medak (Telangana), and West Garo Hills (Meghalaya).
- Pendency and Disposal Rates: Uttar Pradesh has the highest pendency, with 77.77% of the total POCSO cases filed between November 2012 and February 2021 pending. Tamil Nadu has the highest disposal percentage at 80.2%.
- Districts with Highest Pendency Percentages: The five districts with the highest pendency percentages include Lucknow, Hardoi, Budaun, and Allahabad in Uttar Pradesh and Howrah in West Bengal.
6. Gaps in Implementation
- Absence of Support Persons: According to the study, "support persons" are not appointed in most POCSO cases. The Supreme Court highlighted that in 96% of cases, victims were not provided with a support person.
- Role of support Persons: A support person can be an individual or organization working in child rights or protection, an official from a children's home or shelter home. or a staff member of the District Child Protection Unit (DCPU). Their role is to guide and support the victim throughout the legal process.
- Insufficient Designated POCSO Courts: The analysis reveals that not all districts have designated POCSO courts. As of 2022, 408 POCSO courts have been established in 28 states under the Government's Fast Track Special Court Scheme.
- Lack of Special Public Prosecutors: There is a shortage of special public prosecutors specifically appointed to handle POCSO cases. Even when appointed, they are often engaged in non-POCSO cases, leading to a lack of dedicated focus on POCSO matters.
|
For Prelims: Protection of Children from Sexual Offences (POCSO), Convention on the Rights of the Child, and the Protocol on the Sale of Children, Children's Code Bill, 2000, Child Abuse Report (2007).
For Mains: 1. Critically analyze the findings of the analysis on convictions, acquittals, victim-accused relationships, and offense patterns in POCSO cases in India. (250 words).
|
Previous year Question
|
1. In India, the Protection of Children from Sexual Offences (POCSO) Act, ____ is a comprehensive law to provide for the protection of children from the offenses of sexual assault, sexual harassment, and pornography, while safeguarding the interests of the child. (SSC CGL 2021)
A.2012
B. 2006
C. 2010
D. 2008
Answer: A
|
EXCLUSIVE ECONOMIC ZONE (EEZ)
An Exclusive Economic Zone (EEZ) is a maritime zone that extends beyond a country's territorial sea and is established by coastal nations according to the United Nations Convention on the Law of the Sea (UNCLOS). The EEZ provides a sovereign state with certain rights regarding the exploration and use of marine resources within that zone.
Key features of an EEZ include:
-
Resource Rights: The coastal state has the exclusive rights to explore, exploit, conserve, and manage natural resources found in the waters, seabed, and subsoil within the EEZ. This includes resources like fish, oil, gas, and minerals.
-
Sovereign Rights: The nation holds sovereign rights for the purpose of exploring, exploiting, conserving, and managing natural resources, both living (like fish) and non-living (such as oil and gas) within the EEZ.
-
Jurisdiction: The coastal state has the authority to regulate various activities within the zone, including scientific research, environmental protection, and the construction of artificial islands or structures for economic purposes.
An EEZ typically extends up to 200 nautical miles (370 kilometers) from the coastline, but it can be modified based on specific geographical conditions or agreements between neighboring countries. It's important to note that while coastal states have rights within their EEZs, other nations have the freedom of navigation and overflight through these zones, as well as the right to lay submarine cables and pipelines in accordance with international law
.png)
3.Rights of the country in the EEZ
Within their Exclusive Economic Zone (EEZ), countries have specific rights granted by international law, primarily defined by the United Nations Convention on the Law of the Sea (UNCLOS).
Some of these rights include:
- The coastal state has the exclusive right to explore and exploit natural resources, both living (like fish) and non-living (such as oil, gas, and minerals), within its EEZ
- Nations can conduct various economic activities, including fishing, mining, and the extraction of oil and gas, subject to their own regulations and in compliance with international agreements and environmental conservation principles
- Coastal states have the right to conduct scientific research and surveys related to marine ecosystems, resources, and environmental factors within their EEZ
- Countries are responsible for the conservation and management of the marine environment within their EEZ, ensuring that activities carried out do not harm the ecosystem or endanger marine life
- The coastal state has regulatory jurisdiction over the EEZ, allowing it to establish and enforce laws related to customs, immigration, sanitation, and other matters concerning economic activities and environmental protection within this zone
- Nations can construct artificial islands, installations, and structures for economic purposes within their EEZ, provided they comply with international regulations and environmental safeguards
- While coastal states have exclusive rights to the resources within their EEZ, other countries have the freedom of navigation and overflight through these zones for purposes like shipping, laying cables, and conducting military activities, as permitted by international law
Territorial Waters
The territorial waters of a nation encompass all water regions under its authority, consisting of internal waters, the territorial sea, contiguous zone, the Exclusive Economic Zone (EEZ), and potentially extending to the continental shelf.
Territorial Sea
The territorial sea is a concept in international law that refers to the belt of coastal waters extending from a country's baseline (usually the low-water line along the coast) outwards for up to 12 nautical miles (22.2 kilometers), as recognized by the United Nations Convention on the Law of the Sea (UNCLOS)
Contiguous Zone
The contiguous zone is an area of water that extends beyond a country's territorial sea, stretching up to 24 nautical miles (44.4 kilometers) from the baseline. In this zone, a coastal state can exert limited control for the purpose of preventing or punishing infringements of its customs, fiscal, immigration, or sanitary regulations within its territory or territorial sea. While it allows for certain enforcement measures, it doesn't grant full sovereignty, unlike the territorial sea
5. India and Exclusive Economic Zone (EEZ)
- India has an Exclusive Economic Zone (EEZ) that extends up to 200 nautical miles (370 kilometers) from its coastline.
- Within this zone, India holds exclusive rights for exploring, exploiting, conserving, and managing natural resources, both living and non-living, such as fish, oil, gas, minerals, and other marine resources.
- The EEZ of India is significant, offering opportunities for economic activities like fishing, offshore energy exploration, scientific research, and environmental protection.
- India exercises jurisdictional control over this zone, regulating various activities and safeguarding the marine environment in accordance with international laws, including the United Nations Convention on the Law of the Sea (UNCLOS).
- Additionally, while India has exclusive rights to the resources within its EEZ, other nations have the freedom of navigation and overflight through these waters, respecting India's sovereign rights and complying with international laws and agreements.
|
For Prelims: Exclusive Economic Zone (EEZ), UNCLOS, Contigous Zone
For Mains: General Studies II - International Law and Governance regarding EEZ
|
|
Previous Year Questions
1.With reference to the United Nations Convention on the Law of Sea, consider the following statements: (UPSC CSE 2022)
1. A coastal state has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from baseline determined in accordance with the convention.
2. Ships of all states, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea.
3. The Exclusive Economic zone shall not extend beyond 200 nautical miles from the baseline from which the breadth of the territorial sea is measured.
Which of the statements given above are correct?
A.1 and 2 only
B.2 and 3 only
C.1 and 3 only
D.1, 2 and 3
Answer (D)
|
PANCHAYAT RAJ INSTITUTIONS
- Panchayati Raj Institutions (PRIs) play a pivotal role in promoting grassroots democracy and decentralised governance across rural India. These bodies, which represent the foundation of local self-governance, were formally recognised and empowered through the 73rd and 74th Constitutional Amendments in 1992, granting constitutional status to panchayats in rural areas and municipalities in urban regions.
- However, the concept of local governance in India is not new—it has deep roots in the country's ancient traditions, with references found in the Vedas, Kautilya’s Arthashastra, the Mauryan period, and other historical texts.
- Throughout India’s history, especially before and after gaining independence, the Panchayati Raj system has seen various transformations. During British rule, decentralisation efforts began with Lord Mayo’s 1870 resolution, which supported devolving financial and administrative powers to local levels for village and town development.
- This was further advanced by Lord Ripon in 1882, whose reforms laid the groundwork for local self-government by suggesting that smaller administrative units be managed by local boards.
- The Royal Commission on Decentralisation in 1909, led by Sir Henry William, evaluated the operations of these boards and highlighted major shortcomings like limited representation and insufficient authority.
- The commission’s recommendations eventually influenced the Government of India Act of 1919. Post-independence, there was a renewed focus on decentralised governance to strengthen local self-rule.
- On November 25, 1948, K. Santhanam, a Gandhian and a member of the Constituent Assembly, urged the Drafting Committee’s Chairman to incorporate provisions that supported this vision.
- Consequently, the Indian Constitution included Article 40 under the Directive Principles of State Policy in Part IV. This article directs the state to facilitate the establishment of village panchayats and to empower them appropriately so that they may function as effective units of self-governance
- The Community Development Programme, launched during India's First Five-Year Plan (1951–55), served as an early foundation for the later establishment of Panchayati Raj Institutions.
- In the years following independence, the country confronted multiple socio-economic issues such as food shortages, widespread poverty, and high unemployment. This programme was introduced as a strategy to promote rural development by encouraging active participation from all sections of rural society.
- Even before this initiative, India had experimented with several rural development efforts. Noteworthy examples include the Sriniketan Institute of Rural Reconstruction started by Rabindranath Tagore in 1922, Dr. Spencer Hatch’s Marthandam Project conducted through the YMCA in Kanyakumari, Tamil Nadu, and the Firka Development Scheme introduced by T. Prakasam in 1946 in the Madras Presidency.
- The Community Development Programme aimed to improve agriculture (through land reforms and distribution of fertilisers and pesticides), expand irrigation (like well construction), build infrastructure such as roads, and control the spread of diseases. However, the programme fell short of expectations. Key obstacles included limited community involvement, excessive bureaucratic procedures, and widespread corruption.
- A Planning Commission review revealed that the initiative failed to benefit small artisans and disproportionately favored regions with established irrigation and large landholders
- In response to the shortcomings of earlier rural development efforts, the government established a committee in 1957 led by Balwant Rai Mehta to propose reforms. The committee recommended devolving administrative authority across multiple levels—from villages up to districts.
- It introduced a three-tier framework comprising Village Panchayats at the base, Panchayat Samitis at the intermediate (block or taluk) level, and Zilla Parishads at the district level. Rajasthan was the first state to adopt this model on October 2, 1959, followed by Andhra Pradesh in November of the same year.
- Despite these steps, issues persisted in the implementation and effectiveness of the system. To address these, another committee was set up in 1977 under the leadership of Ashok Mehta during the Janata Party’s rule—the first non-Congress government. This committee suggested replacing the three-tier model with a two-tier arrangement consisting of Mandal Panchayats at the grassroots and Zilla Parishads at the district level.
- The Ashok Mehta Committee also emphasized the need to reserve seats for Scheduled Castes and Scheduled Tribes in proportion to their population to ensure their fair representation.
- A key recommendation was allowing political parties to participate in Panchayati Raj governance. However, these proposals saw limited execution, mainly due to challenges like financial constraints and the complexity of ensuring uniformity in a diverse nation.
- In the years that followed, various other committees were set up to periodically review the state of Panchayati Raj Institutions. These included the Hanumantha Rao Committee (1983), G.V.K. Rao Committee (1985), L.M. Singhvi Committee (1986), P.K. Thungan Committee (1989), and Harlal Singh Kharra Committee (1990)
- Starting in the late 1980s, the government made multiple efforts to constitutionally empower the Panchayati Raj Institutions. Although constitutional amendment bills were introduced in 1989, 1990, and 1991, it was only during Prime Minister P.V. Narasimha Rao’s administration that success was achieved. In December 1992, both Houses of Parliament passed the constitutional amendment, which was subsequently ratified by 17 state legislatures.
- This historic development led to the inclusion of two new sections in the Indian Constitution: Part IX, dedicated to 'The Panchayats,' and Part IX-A, addressing 'The Municipalities.' As per the Ministry of Panchayati Raj's Annual Report for 2024–25, the country currently has 2,55,397 gram panchayats, 6,742 block-level panchayats, and 665 zilla (district) panchayats.
- To measure how effectively Panchayati Raj Institutions are functioning across states, the government developed the Panchayat Devolution Index. This index evaluates local governance performance based on criteria like financial management, transparency, institutional capacity, and more.
- Initially based on a concept by V.N. Alok and Laveesh Bhandari in 2004, the index focused on three key aspects: Functions, Finances, and Functionaries (the 3Fs). It was later expanded to include Capacity Building, Accountability, and Institutional Framework.
- In the most recent edition of the Panchayat Devolution Index, Karnataka emerged as the leading state, with Kerala, Tamil Nadu, and others following closely.
- The Ministry of Panchayati Raj released these rankings based on research conducted by the Indian Institute of Public Administration (IIPA). The findings also highlighted persistent issues such as limited financial independence, funding shortages, lack of transparency, human resource gaps, challenges in conducting elections, and updating electoral rolls.
- To improve the operational efficiency of Panchayats, the Ministry also launched the e-Gram Swaraj platform. However, low levels of digital literacy among stakeholders have limited the platform’s effectiveness.
- Such barriers continue to impede the full potential of Panchayati Raj Institutions in executing government-led socio-economic development initiatives at the grassroots level
|
For Prelims: Panchayat Raj institutions, Local Governance
For Mains: GS II - Indian Polity & Governance
|
Previous year Question1. Consider the following statements: (UPSC 2016)
1. The minimum age prescribed for any person to be a member of Panchayat is 25 years.
2. A Panchayat reconstituted after premature dissolution continues only for the remainder period.
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
2. In areas covered under the Panchayat (Extension to the Scheduled Areas) Act, 1996, what is the role/power of Gram Sabha? (UPSC 2012)
1. Gram Sabha has the power to prevent the alienation of land in the Scheduled Areas.
2. Gram Sabha has the ownership of minor forest produce.
3. Recommendation of Gram Sabha is required for granting a prospecting license or mining lease, for any minerals in the Scheduled Areas.
Which of the statements given above is/are correct?
A. 1 only
B. 1 and 2 only
C. 2 and 3 only
D. 1, 2 and 3
Answer: B
3.The Government enacted the Panchayat Extension to Scheduled Areas (PESA) Act in 1996. Which one of the following is not identified as its objective? (UPSC 2013)
A. To provide self-governance
B. To recognize traditional rights
C. To create autonomous regions in tribal areas
D. To free tribal people from exploitation
Answer: C
|
