Current Affairs 01 October 2024

CONTENTS

1. Supreme Court Limits Pretrial Detention Under PMLA
2. Reforming UN Security Council
3. New Rice Variety Pusa-2090 to Help Reduce Stubble Burning
4. Lake Michigan
5. Peechi -Vazhani Wildlife Sanctuary
6. Garra zubzaensis and Psilorhynchus kosygini

 Supreme Court Limits Pretrial Detention Under PMLA

Context:

The Supreme Court of India has recently issued a ruling against the misuse of the Prevention of Money Laundering Act (PMLA), 2002, specifically critiquing its use to unjustly extend the incarceration of accused individuals. The court declared that constitutional courts would not sanction indefinite pretrial detention under this legislation, emphasizing the need for fairness and the protection of legal rights in the enforcement of anti-money laundering measures.

Relevance:

GS II: Polity and Governance

Dimensions of the Article:

1. Key Takeaways from SC’s Ruling on PMLA and Bail
2. Concerns Regarding India’s Bail System
3. Way Forward

Key Takeaways from SC’s Ruling on PMLA and Bail:

• Prima facie case & prolonged detention: Even if a prima facie case exists, the court may order the release of the accused if there is an undue delay in trial, leading to prolonged detention without a set timeline.
• Strict Provisions of PMLA: Section 45 of the PMLA should not be used to justify arbitrary or excessive detention of individuals.
• Conditions for Bail under Section 45 (PMLA, 2002):
  • Bail can only be granted if the accused can prove they are prima facie innocent.
  • The accused must convince the court that they will not commit any further offenses while on bail.
• Bail as a Principle: The Supreme Court reinforced that “bail is the rule, jail is the exception,” echoing a fundamental principle in India’s criminal law.
• Personal Liberty Concerns: The court noted that the high threshold for bail in cases involving the PMLA must not violate the accused’s personal liberty through indefinite detention.
• Delayed Trials & Stringent Bail Provisions: The ruling emphasized the issue of delayed trials, noting that harsh bail provisions under special laws (like PMLA, UAPA, and NDPS) must be balanced with constitutional rights.
• Fast-Tracking of Trials: The SC highlighted the need for expeditious trial processes, especially in cases where stringent laws are applied.
• Reference to KA Najeeb Case (2021): The court referenced its earlier judgment, affirming that prolonged delays in trials under UAPA laws can be grounds for granting bail.
• Fundamental Rights: The right to a speedy trial is tied to Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty. Prolonged detention without trial can violate these rights.
• Compensation for Wrongful Detention: Individuals who have suffered wrongful imprisonment may seek compensation for violations of their rights under Article 21, especially in cases where they are later acquitted after long periods of detention.

Concerns Regarding India’s Bail System

• Overcrowding of Undertrials:
  • Over 75% of prisoners in India are undertrials, and the prison occupancy rate stands at 118%, indicating a crisis of overcrowding and inefficiencies in the bail system that require urgent reform.
• Supreme Court’s Observation:
  • In the Satender Kumar Antil vs CBI case (2022), the Supreme Court recognized the shortcomings in the system, particularly in granting bail and dealing with undertrial prisoners.
• Presumption of Innocence:
  • The principle of ‘presumption of innocence’ is weakened due to prolonged undertrial detention. This legal principle affirms that individuals should be considered innocent until proven guilty.
• Data Gaps:
  • Critical data on undertrials, such as demographics, categories of offenses, and timelines for bail, as well as acceptance or rejection rates of bail applications, are not readily accessible.
• Arrests Justified as ‘Necessary’:
  • The justification for arrests often hinges on the belief that they are necessary to secure the accused’s presence in court, but this disproportionately affects marginalized groups.
• Disadvantaged Individuals Remain Unprotected:
  • Many arrested individuals, especially from disadvantaged communities, find themselves unprotected under the current system.
• Discretion in Granting Bail:
  • The power to grant bail is left to the discretion of the courts and varies based on the facts of each case, the nature of the offense, and the likelihood of the accused absconding or tampering with evidence.
• Compliance with Bail Conditions:
  • A significant number of undertrials remain in jail because they are unable to comply with stringent bail conditions.
• Challenging Bail Conditions:
  • Conditions like cash bonds, surety bonds, and proof of property ownership make it difficult for the poor to secure their release, as these assumptions favor those with financial means or social connections.

Way Forward

• Reforming Bail Conditions:
  • Simplify and reassess bail conditions to ensure accessibility, especially for economically disadvantaged individuals. Introduce alternatives such as community service in place of cash and surety bonds.
• Safeguards Against Arbitrary Arrests:
  • Implement guidelines and safeguards to prevent arbitrary arrests, especially for vulnerable populations. The police should be required to provide clear justifications for making arrests.
• Community-Based Supervision:
  • Develop alternative programs like community-based supervision, which could involve local organizations or social workers monitoring undertrials instead of relying solely on bail.
• Reformatory Facilities:
  • Petty criminals awaiting trial could be placed in reformatory facilities where they can participate in volunteer work or engage in productive activities, rather than being held in overcrowded prisons.
• Speedy Trials:
  • Speedy trials, as highlighted by the Supreme Court Committee on Prison Reforms chaired by Justice (retd) Amitava Roy, can help mitigate the issue of overcrowding.
• Improving Infrastructure:
  • The “Empirical Study to Evaluate the Delivery of Justice through Improved Infrastructure” recommends increasing courtroom space, providing basic furniture, and developing digital infrastructure, as well as increasing skilled manpower to reduce the number of undertrials.
• Clarifying Laws:
  • Clearly defining laws and explaining individuals’ rights and responsibilities can help prevent prolonged detention caused by misunderstandings or gaps in the legal system.

Reforming UN Security Council

Context:

As the United Nations nears its 80th anniversary in 2025, the G4 nations (India, Brazil, Germany, and Japan) have renewed their push for significant reforms of the UN Security Council (UNSC). Their call for change is backed by other plurilateral groups, including the L69 and C-10, which supports broadening the representation and improving the effectiveness of the UNSC.

Relevance:

GS II: International Relations

Dimensions of the Article:

1. G4, L69, and C-10 Groups Overview
2. United Nations Security Council

G4, L69, and C-10 Groups Overview:

L69 Group:

• The L69 Group consists of 42 developing nations from Asia, Africa, Latin America, the Caribbean, and the Pacific, including India.
• Its primary goal is to advocate for the expansion of both permanent and non-permanent UNSC membership, ensuring the Security Council reflects global realities and enhances accountability.
• The group calls for a review of the permanent membership composition every 15 years to adapt to changing global dynamics.
• Named after the “L.69” draft document introduced in 2007-08, the group initiated the Intergovernmental Negotiation (IGN) process to facilitate UNSC reforms.

C-10 Group:

• The Committee of Ten (C-10) consists of 10 African nations representing the African Union.
• Its main objective is to reform the UNSC, focusing on increasing African representation in line with the Common African Position based on the Ezulwini Consensus and the Sirte Declaration.
• The Ezulwini Consensus (2005) proposed 2 permanent seats with veto power and 5 non-permanent seats for Africa, aiming to ensure more democratic and representative UNSC processes.
• The Sirte Declaration (1999) established the African Union to address peace and security across the African continent, further strengthening Africa’s voice in global governance.

G4 Group:

• The G4 Group comprises Brazil, Germany, India, and Japan—countries aspiring to become permanent UNSC members.
• Formed in 2004, the group promotes UN Security Council Reforms to expand its permanent membership.
• The G4 members support each other’s bid for permanent UNSC membership, emphasizing mutual cooperation in the global diplomatic arena.

United Nations Security Council

• The Security Council is one of the six main organs of the United Nations.
• The Permanent Residence of UNSC in the UN Headquarters New York City, USA.
• Its primary responsibility is the maintenance of international peace and security.
• While other organs of the United Nations make recommendations to member states, only the Security Council has the power to make decisions that member states are then obligated to implement under the Charter- Hence, it is the only body of the UN with the authority to issue binding resolutions to member states.
• Resolutions of the Security Council are typically enforced by UN peacekeepers, military forces voluntarily provided by member states and funded independently of the main UN budget.

Membership

• It has 15 Members (5 as Permanent Members and 10 as Non- Permanent Members), and each Member has one vote.
• The Five permanent members are: China, France, Russian Federation, the United Kingdom, and the United States. Each of the Permanent Members has Veto Power over every decision of UNSC.
• The Ten non-permanent members are Elected for two-year terms by the General Assembly.
• Each year, the General Assembly elects five non-permanent members (out of ten in total) for a two-year term. The ten non-permanent seats are distributed on a regional basis.
• As per the rules of procedure, a retiring member is not eligible for immediate re-election and the election is held by secret ballot and there are no nominations.
• The presidency of the Council rotates monthly, going alphabetically among member states.

Functions and Powers of UNSC

Under the United Nations Charter, the functions and powers of the Security Council are:

• to maintain international peace and security in accordance with the principles and purposes of the United Nations;
• to investigate any dispute or situation which might lead to international friction;
• to recommend methods of adjusting such disputes or the terms of settlement;
• to formulate plans for the establishment of a system to regulate armaments;
• to determine the existence of a threat to the peace or act of aggression and to recommend what action should be taken;
• to call on Members to apply economic sanctions and other measures not involving the use of force to prevent or stop aggression;
• to take military action against an aggressor;
• to recommend the admission of new Members;
• to exercise the trusteeship functions of the United Nations in “strategic areas”;
• to recommend to the General Assembly the appointment of the Secretary-General and, together with the Assembly, to elect the Judges of the International Court of Justice.

-Source: The Hindu

New Rice Variety Pusa-2090 to Help Reduce Stubble Burning

Context:

To address the persistent issue of farm fires in Punjab and Haryana, the government is promoting the adoption of new rice varieties. Pusa-2090 has been identified as a viable alternative to the popular Pusa-44 due to its similar yield potential. Crucially, Pusa-2090 can be harvested in early to mid-October, which is earlier than traditional varieties. This earlier harvest timing is key as it eliminates the need for stubble burning—a practice typically done to quickly clear fields before the sowing of wheat—thereby contributing to environmental conservation and reducing air pollution.

Relevance:

GS III: Agriculture

Dimensions of the Article:

1. PUSA-44: A Paddy Variety with Implications
2. Overview of Pusa-2090
3. Key Facts about the Indian Council of Agricultural Research (ICAR)

PUSA-44: A Paddy Variety with Implications

Development: PUSA-44 is a paddy variety that was developed in 1993 by the Indian Council of Agricultural Research (ICAR).

Widespread Adoption:

• By the end of the 2010s, PUSA-44 had gained immense popularity among farmers in Punjab, covering a substantial portion, approximately 70 to 80%, of the paddy cultivation area.
• Farmers have reported significantly higher yields with PUSA-44, producing nearly 85 to 100 quintals per acre, compared to the average yield of 28 to 30 quintals per acre with other varieties.

Concerns Surrounding PUSA-44:

• Longer Duration: PUSA-44 is a long-duration paddy variety, taking around 160 days to mature, which is 35 to 40 days longer than other varieties. This extended growth period necessitates 5-6 additional cycles of irrigation.
• Groundwater Depletion: Given Punjab’s severe groundwater depletion issue, the government aims to conserve one month of irrigation water by banning this variety.
• Stubble Burning: PUSA-44 exacerbates the problem of stubble burning in the state. It generates approximately 2% more stubble than shorter-duration varieties, posing a significant environmental concern when cultivated on a large scale.

Overview of Pusa-2090

• Pusa-2090 is a recently developed, short-duration paddy variety by the Indian Agricultural Research Institute (IARI), designed as a potential substitute for the Pusa-44 variety.
• It is the result of a cross between Pusa-44 and CB-501 (an early-maturing Japonica rice line). Pusa-2090 matures in 120-125 days, similar to PR-126, but offers a higher yield of about 34-35 quintals per acre, aligning it with the yield of Pusa-44.

Key Benefits

• High Tillers and Grain Count: Pusa-2090 maintains a high number of tillers (grain-bearing branches) and grains per panicle, comparable to Pusa-44 and outperforming PR-126.
• Resilience Against Lodging: It features a robust culm (stem), reducing susceptibility to lodging (falling over due to strong winds or heavy rains), and responds well to nitrogen application.
• Water Efficiency: The shorter growth duration of Pusa-2090 helps conserve water, requiring 5-6 fewer irrigations compared to Pusa-44, which typically needs 29-30 irrigations.

Can Pusa-2090 Replace Pusa-44?

• Comparable Yield: Pusa-2090 shows only a slight reduction in yield compared to Pusa-44, producing nearly as much grain.
• Early Maturity: Its early maturity, similar to PR-126, allows farmers to harvest sooner, enabling better preparation for subsequent crops without delay.
• Water-Saving Benefits: Pusa-2090 is an attractive alternative for farmers seeking both high yields and efficient water use.
• Post-Pusa-44 Era: Following the ban on Pusa-44, farmers are considering Pusa-2090 as a strong alternative in the region.
• Milling Quality: Apart from yield, the milling quality of rice plays a crucial role. For instance, PR-126 is not favored by millers due to its low rice recovery rate of 63%, which is below the government-mandated standard of 67%.
• Market Potential: If Pusa-2090 can match the grain quality of Pusa-44, it may gain wider acceptance among millers.

Key Facts about the Indian Council of Agricultural Research (ICAR)

• Autonomous Organization: ICAR is an autonomous organization operating under the Department of Agricultural Research and Education (DARE), Ministry of Agriculture and Farmers Welfare, Government of India.
• Former Name: ICAR was formerly known as the Imperial Council of Agricultural Research.
• Establishment: It was established on 16 July 1929 as a registered society under the Societies Registration Act, 1860. Its establishment was in response to the recommendations of the Royal Commission on Agriculture.
• Apex Body: ICAR serves as the apex body responsible for coordinating, guiding, and managing research and education in various fields of agriculture, including horticulture, fisheries, and animal sciences, across India.
• National Agricultural System: ICAR oversees a vast network of agricultural institutions, including 113 ICAR institutes and 71 agricultural universities, making it one of the largest national agricultural systems globally.
• Headquarters: The headquarters of ICAR is located in New Delhi, India.

-Source: Indian Express

Lake Michigan

Context:

Researchers recently surveyed the bottom of Lake Michigan after spotting strange circles on the lakebed in 2022, and new observations show the circles are craters.

Relevance:

Facts for Prelims

Lake Michigan

• Size and Ranking: Lake Michigan is the third largest among the Great Lakes of North America and the only one situated entirely within the United States.
• Global Standing: It is the fourth largest freshwater lake by surface area and the fifth largest lake globally.
• Dimensions: The lake stretches 321 miles (517 km) from north to south and has a maximum width of 118 miles (190 km).
• Drainage Basin: Lake Michigan has a drainage basin covering an area of 45,600 square miles (118,095 square km).
• Connection to Lake Huron: It is directly linked to Lake Huron through the Straits of Mackinac, which helps maintain water level equilibrium between the two lakes, making them behave like a single lake.
• River Inflows: Numerous rivers flow into Lake Michigan, including the Fox-Wolf, Grand, St. Joseph, and Kalamazoo rivers, which are part of the lake’s extensive drainage basin.
• Natural Habitats: Lake Michigan supports diverse natural habitats such as tallgrass prairies, savannas, and contains the largest freshwater sand dunes in the world.
• Biodiversity: The lake is home to a rich variety of flora and fauna, including several rare and endangered species like the Hine’s Emerald Dragonfly and the Dwarf Lake Iris.

-Source: The Hindu

Peechi -Vazhani Wildlife Sanctuary

Context:

A female elephant recently died due to apparent electrocution near a tribal colony close to the Peechi wildlife sanctuary in Kerala’s Thrissur district.

Relevance:

Facts for Prelims

Peechi-Vazhani Wildlife Sanctuary

• Location: Situated in Thrissur District, Kerala.
• Establishment and Area: Covering an area of 125 square kilometers, the sanctuary was established in 1958.
• Catchment Area: It lies within the catchment areas of both the Peechi and Vazhani Dams.
• Forestry Link: This sanctuary is a part of the Palapilli-Nelliampathy forests and forms the northern boundary of the Chimmini Wildlife Sanctuary.

Vegetation and Terrain

• Forest Types: The sanctuary is home to tropical evergreen, tropical semievergreen, and moist deciduous forests.
• Terrain: The landscape is undulating with altitudes ranging from 100 to 914 meters, the highest point being Ponmudi.

Flora

• The sanctuary hosts more than 50 species of orchids, numerous rare medicinal plants, and trees with high commercial value like teak and rosewood.

Fauna

• The sanctuary supports a diverse wildlife population, including over 25 species of mammals. It is home to carnivores like leopards, tigers, and foxes, along with herbivores like elk, deer, barking deer, spotted deer, gaur, and elephants.

-Source: The Hindu

Garra zubzaensis and Psilorhynchus kosygini

Context:

Researchers have recently discovered two new fish species namely Garra zubzaensis and Psilorhynchus kosygini, of torrent minnows in the pristine rivers of Nagaland.

Relevance:

Facts for Prelims

About New Fish Species:

The new fish species described here are torrent minnows, belonging to the genus Psilorhynchus under the family Psilorhynchidae. Torrent minnows are freshwater species usually found in fast-flowing streams with strong currents such as rivers and mountain streams.

Garra zubzaensis:

• Location: Discovered in the Zubza River, a tributary of the Brahmaputra River in Kohima district.
• Habitat: The river’s gravel, cobbles, and sandy substrate offer a perfect environment for these benthic species.
• Adaptations: Garra zubzaensis is well-suited for living in fast-flowing rocky streams. They use their gular discs (sucker-like structures) to cling to surfaces and feed.

Psilorhynchus kosygini:

• Location: Found in the Tepuiki River, a tributary of the Barak River in Nagaland’s Peren district.
• Genus Origin: Psilorhynchus kosygini belongs to a genus primarily found in South Asia and Southeast Asia.
• Habitat: This species thrives in the shaded, fast-flowing waters of the Tepuiki River, favoring its gravelly and rocky substrate.

-Source: The Hindu