CONTENTS
- Forest (Conservation) Amendment Bill, 2023
- Nari Adalats
- Prevention of Money Laundering Act
- National Green Tribunal
- Farmers’ Distress Index
- SCORES Platform
- GSTN made the geocoding functionality live
- Solar Flare
Forest (Conservation) Amendment Bill, 2023
Context:
A Parliamentary committee, set up to examine proposed amendments to the Forest (Conservation) Act, 1980, has endorsed the amendment Bill in its entirety.
Relevance:
GS III: Environment and Ecology
Dimensions of the Article:
- Background on Forest Laws in India
- Key Features of the Forest (Conservation) Amendment Bill, 2023
- Positive Takeaway from the Forest Amendment Bill
- Criticism of the Forest Amendment Bill
Background on Forest Laws in India:
- The Indian Forest Act, 1927 was enacted to manage timber and other forest resources.
- It allows state governments to declare their forest land as reserved or protected forests.
- Land rights in such areas are subject to the provisions of the Act.
- The Forest (Conservation) Act, 1980 was introduced to prevent extensive deforestation.
- It mandates the approval of the central government for any diversion of forest land for non-forest purposes.
Increased pressure on forest land:
- The Standing Committee on Science and Technology, Environment and Forests (2019) highlighted the rising pressure on forest land due to factors like industrial demands, agriculture, and demand for forest produce.
Restrictions on forest land diversion:
- The 1980 Act imposes specific limitations on diverting forest land for non-forest purposes.
Forest (Conservation) Amendment Bill:
- This proposed bill seeks to modify the criteria for including and excluding forest land from the Act’s jurisdiction.
Key Features of the Forest (Conservation) Amendment Bill, 2023:
Inclusion of Land under the Act:
- The Bill includes two categories of land under the purview of the Act:
- (i) Land declared/notified as a forest under the Indian Forest Act, 1927 or any other law.
- (ii) Land not covered in the first category but notified as a forest on or after October 25, 1980, in a government record.
Exemption of Certain Types of Land:
- Certain types of land are exempted from the provisions of the Act, such as forest land along a rail line or a public road maintained by the government.
Approval Requirement for Assigning Forest Land:
- The Bill extends the requirement of prior approval from the central government to assign forest land to all entities, including those owned and controlled by the government.
- Prior approval is subject to terms and conditions prescribed by the central government.
De-reservation and Non-Forest Purposes:
- The Act restricts the de-reservation of forests or the use of forest land for non-forest purposes.
- The central government may grant approval to lift such restrictions.
- Non-forest purposes include using the land for horticultural crops or any purpose other than reafforestation.
- The Bill adds more activities to the list of exclusions from non-forest purposes, including zoos, safaris, ecotourism facilities, silvicultural operations, and other purposes specified by the central government.
Central Government’s Directions:
- The central government is empowered to issue directions for the implementation of the Act to any authority or organization recognized by the center, state, or union territory (UT).
Positive Takeaway from the Forest Amendment Bill:
Encouragement of Plantations and Carbon Sink:
- The amendments specifically encourage the practice of cultivating plantations on non-forest land, which can increase tree cover, act as a carbon sink, and contribute to India’s goal of being ‘net zero’ in emissions by 2070.
Infrastructure Development and Livelihood Opportunities:
- The amendments remove restrictions on creating infrastructure that aids national security and creates livelihood opportunities for communities living on the periphery of forests.
Criticism of the Forest Amendment Bill:
Dilution of Supreme Court Judgement:
- Some critics argue that the proposed amendments “dilute” the Supreme Court’s 1996 judgement in the Godavarman case, which extended protection to wide tracts of forests even if they were not recorded as forests.
- However, the Environment Ministry claims that the provisions in the Bill guard against such situations.
Opposition from Northeastern States:
- Several Northeastern states have expressed opposition to the Bill, raising concerns that large portions of forest land would be unilaterally taken away for defense purposes.
- It is important to note that the positive takeaways and criticisms reflect different perspectives on the Forest Amendment Bill.
-Source: The Hindu
Nari Adalats
Context:
The Centre is launching a unique initiative of setting up women-only courts – Nari Adalats – at the village level as an alternate dispute resolution forum for issues like domestic violence, property rights and countering the patriarchal system.
Relevance:
GS II: Polity and Governance
Dimensions of the Article:
- What is Alternate Dispute Resolution (ADR)?
- About the Nari Adalats [women’s courts]
- Significance of Nari Adalats
What is Alternative Dispute Resolution (ADR)?
- The process by which disputes between the parties are settled or amicably resolved without the intervention of judicial institution and any trial is known as Alternative Dispute Resolution.
- The ADR mechanism offers to facilitate the resolution of matters of business issues and the others where it has not been possible to initiate any process of negotiation or arrive at a mutually agreeable solution.
- ADR offers to resolve all types of matters including civil, industrial, and family, etc where people are finding it difficult to settle.
- Generally, ADR uses a neutral third party who helps parties to communicate, discuss the differences and resolve the dispute.
- ADR enables individuals and groups to maintain co-operation, social order, and provides an opportunity to reduce hostilities.
Types of Alternative Dispute Resolution
Arbitration:
- The dispute is submitted to an arbitral tribunal which makes a decision (an “award”) on the dispute that is mostly binding on the parties.
- It is less formal than a trial, and the rules of evidence are often relaxed.
- Generally, there is no right to appeal an arbitrator’s decision.
- Except for some interim measures, there is very little scope for judicial intervention in the arbitration process.
Conciliation:
- A non-binding procedure in which an impartial third party, the conciliator, assists the parties to a dispute in reaching a mutually satisfactory agreed settlement of the dispute.
- Conciliation is a less formal form of arbitration.
- The parties are free to accept or reject the recommendations of the conciliator.
- However, if both parties accept the settlement document drawn by the conciliator, it shall be final and binding on both.
Mediation:
- In mediation, an impartial person called a “mediator” helps the parties try to reach a mutually acceptable resolution of the dispute.
- The mediator does not decide the dispute but helps the parties communicate so they can try to settle the dispute themselves.
- Mediation leaves control of the outcome with the parties.
Negotiation:
- A non-binding procedure in which discussions between the parties are initiated without the intervention of any third party with the object of arriving at a negotiated settlement to the dispute
- It is the most common method of alternative dispute resolution.
- Negotiation occurs in business, non-profit organizations, government branches, legal proceedings, among nations and in personal situations such as marriage, divorce, parenting, and everyday life.
Lok Adalats:
- The establishment of Lok Adalat system of dispute settlement system was brought about with the Legal Services Authorities Act 1987 for expediting the system of dispute settlement. In Lok Adalats, disputes in the pre-litigation stage could be settled amicably.
About the Nari Adalat [Women’s Court]:
- The Nari Adalat scheme is a part of the Sambal sub-scheme under Mission Shakti, which aims to strengthen women’s safety, security, and empowerment.
- It is initiated by the Ministry of Women and Child Development.
- The scheme will be launched as a pilot project in 50 villages each in Assam and Jammu and Kashmir (J&K).
- Over the next six months, it will be extended to the rest of the country.
Collaborative Implementation:
- The implementation of the scheme will be carried out in collaboration with the Ministry of Panchayati Raj, the Ministry of Rural Development, and Common Service Centers operated by the Ministry of Electronics and Information Technology (MeitY).
Inspiration from Parivarik Mahila Lok Adalats:
- The Nari Adalat scheme draws inspiration from the Parivarik Mahila Lok Adalats (People’s Court of Women), which were previously operated by the National Commission for Women (NCW) until 2014-15.
Key Features of Nari Adalats:
- Each village’s Nari Adalat will consist of 7-9 members called Nyaya Sakhis (legal friends).
- Half of the members will be elected representatives of the gram panchayat, while the other half will be women with social standing, such as teachers, doctors, and social workers, nominated by the villagers.
- The head of the Nari Adalat, known as the Mukhya Nyaya Sakhi (chief legal friend), will be selected from among the Nyaya Sakhis and typically serve for a six-month term.
- Although the Nari Adalat does not hold any legal status, its primary focus is on reconciliation, grievance redressal, and creating awareness of rights and entitlements.
Significance of Nari Adalats:
- Holistic Approach: The Nari Adalat will not only address individual cases but also take a holistic approach by raising awareness about social schemes and government initiatives. This helps in educating women about their rights and entitlements.
- Feedback Mechanism: The Nari Adalats serve as a valuable feedback mechanism to assess the effectiveness of government schemes and programs related to women’s safety, security, and empowerment. This enables policymakers to make informed decisions and improve the implementation of these initiatives.
- Accessibility and Assistance: The Nari Adalats cater to the needs of all women and girls within the local community. They provide a platform for women to seek assistance, guidance, and justice in a supportive and inclusive environment.
- Empowerment and Awareness: By creating awareness about rights, entitlements, and legal provisions, the Nari Adalat scheme empowers women to assert themselves and stand up against injustices. It helps women become more informed about their legal options and assert their rights within their communities.
- Grievance Redressal: The Nari Adalats play a crucial role in addressing grievances and providing a platform for women to voice their concerns. They facilitate reconciliation and provide a space for dialogue, enabling resolution of conflicts and disputes in a fair and just manner.
-Source: The Hindu
Prevention of Money Laundering Act
Context:
The Central Government recently issued a notification to bring the Goods & Services Tax Network (GSTN) under the purview of the Prevention of Money Laundering Act (PMLA).
Relevance:
GS II: Polity and Governance
Dimensions of the Article:
- Prevention of Money Laundering Act (PMLA), 2002
- Recent Changes Made Under the PMLA
Prevention of Money Laundering Act (PMLA), 2002
- According to the Prevention of Money Laundering Act (PMLA) 2002, Money laundering is concealing or disguising the identity of illegally obtained proceeds so that they appear to have originated from legitimate sources.
- It is frequently a component of other, much more serious, crimes such as drug trafficking, robbery or extortion.
- Money laundering is punishable with rigorous imprisonment for a minimum of 3 years and a maximum of 7 years and Fine under the PMLA.
- The Enforcement Directorate (ED) is responsible for investigating offences under the PMLA.
- The Financial Intelligence Unit – India (FIU-IND) is the national agency that receives, processes, analyses and disseminates information related to suspect financial transactions.
- After hearing the application, a special court (designated under the Prevention of Money Laundering Act PMLA, 2002) may declare an individual as a fugitive economic offender and also confiscate properties which are proceeds of crime, Benami properties and any other property, in India or abroad.
- The authorities under the PMLA, 2002 will exercise powers given to them under the Fugitive Economic Offenders Act.
- These powers will be similar to those of a civil court, including the search of persons in possession of records or proceeds of crime, the search of premises on the belief that a person is an FEO and seizure of documents.
Recent Changes Made Under the PMLA
The Indian government has made several changes to the Prevention of Money-Laundering Act (PMLA) to plug loopholes and comply with Financial Action Task Force (FATF) regulations. Some of the key changes are:
- More disclosures for non-governmental organizations by reporting entities like financial institutions, banking companies, or intermediaries.
- Definition of “politically exposed persons” (PEPs) as individuals who have been entrusted with prominent public functions by a foreign country, which brings uniformity with a 2008 Reserve Bank of India (RBI) circular for Know Your Customer (KYC) norms and anti-money laundering standards for banks and financial institutions.
- Inclusion of practicing chartered accountants, company secretaries, and cost and works accountants carrying out financial transactions on behalf of their clients under the ambit of the money laundering law.
- Widening the list of non-banking reporting entities to allow 22 financial entities like Amazon Pay (India) Pvt. Ltd, Aditya Birla Housing Finance Ltd, and IIFL Finance Ltd. to verify the identity of their customers via Aadhaar under the ambit of the money laundering law.
The financial transactions covered under the money laundering law include buying and selling of any immovable property, managing client money, securities, or other assets, management of bank, savings, or securities accounts, organization of contributions for the creation, operation, or management of companies, creation, operation, or management of companies, limited liability partnerships, or trusts, and buying and selling of business entities.
-Source: The Hindu
National Green Tribunal
Context:
Recently, the National Green Tribunal (NGT) has imposed fines of about Rs 80,000 crore on States and UTs for non-compliance of sewage treatment and garbage disposal rules and for violating orders. The highest penalty has been imposed on Tamil Nadu followed by Maharashtra, MP and UP.
Relevance:
GS-III: Environment and Ecology
Dimensions of the Article:
- National Green Tribunal (NGT)
- Structure of National Green Tribunal
- Powers of NGT
- Challenges related to the NGT
National Green Tribunal (NGT)
- The NGT was established on October 18, 2010 under the National Green Tribunal Act 2010, passed by the Central Government.
- National Green Tribunal Act, 2010 is an Act of the Parliament of India which enables creation of a special tribunal to handle the expeditious disposal of the cases pertaining to environmental issues.
- NGT Act draws inspiration from the India’s constitutional provision of (Constitution of India/Part III) Article 21 Protection of life and personal liberty, which assures the citizens of India the right to a healthy environment.
- The stated objective of the Central Government was to provide a specialized forum for effective and speedy disposal of cases pertaining to environment protection, conservation of forests and for seeking compensation for damages caused to people or property due to violation of environmental laws or conditions specified while granting permissions.
Structure of National Green Tribunal
- Following the enactment of the said law, the Principal Bench of the NGT has been established in the National Capital – New Delhi, with regional benches in Pune (Western Zone Bench), Bhopal (Central Zone Bench), Chennai (Southern Bench) and Kolkata (Eastern Bench). Each Bench has a specified geographical jurisdiction covering several States in a region.
- The Chairperson of the NGT is a retired Judge of the Supreme Court, Head Quartered in Delhi.
- Other Judicial members are retired Judges of High Courts. Each bench of the NGT will comprise of at least one Judicial Member and one Expert Member.
- Expert members should have a professional qualification and a minimum of 15 years’ experience in the field of environment/forest conservation and related subjects.
Powers of NGT
The NGT has the power to hear all civil cases relating to environmental issues and questions that are linked to the implementation of laws listed in Schedule I of the NGT Act. These include the following:
- The Water (Prevention and Control of Pollution) Act, 1974;
- The Water (Prevention and Control of Pollution) Cess Act, 1977;
- The Forest (Conservation) Act, 1980;
- The Air (Prevention and Control of Pollution) Act, 1981;
- The Environment (Protection) Act, 1986;
- The Public Liability Insurance Act, 1991;
- The Biological Diversity Act, 2002.
- This means that any violations pertaining ONLY to these laws, or any order / decision taken by the Government under these laws can be challenged before the NGT.
- Importantly, the NGT has NOT been vested with powers to hear any matter relating to the Wildlife (Protection) Act, 1972, the Indian Forest Act, 1927 and various laws enacted by States relating to forests, tree preservation etc.
Challenges related to the NGT
- Two important acts – Wildlife (Protection) Act, 1972 and Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 have been kept out of NGT’s jurisdiction. This restricts the jurisdiction area of NGT and at times hampers its functioning as crucial forest rights issue is linked directly to environment.
- Decisions of NGT have also been criticised and challenged due to their repercussions on economic growth and development.
- The absence of a formula-based mechanism in determining the compensation has also brought criticism to the tribunal.
- The lack of human and financial resources has led to high pendency of cases – which undermines NGT’s very objective of disposal of appeals within 6 months.
-Source: The Hindu
Farmers’ Distress Index
Context:
The Central Research Institute for Dryland Agriculture (CRIDA), an institution under the Indian Council of Agricultural Research (ICAR), is developing an Early Warning System called “Farmers’ Distress Index”, a first of its kind for India.
Relevance:
GS III: Agriculture
Dimensions of the Article:
- About Farmers’ Distress Index
- Significance
- Mitigating Farmers’ Distress through Interventions:
About Farmers’ Distress Index:
- The Farmers’ Distress Index aims to anticipate and prevent agrarian distress by providing early warnings and facilitating proactive interventions.
- It focuses on minimizing crop loss, income shock, and other forms of distress experienced by farmers.
Development Process of the Index:
- The index development involves multiple steps, including monitoring local newspapers, news platforms, and social media to identify instances of farmers’ distress.
- Telephonic interviews with small, marginal, and tenant farmers are conducted, using standardized questions to detect early signs of distress.
- The collected data is then mapped against seven indicators to assess the level of distress.
The Seven Indicators:
- Exposure to risks: Examining the farmers’ vulnerability to risks such as extreme climate events and market fluctuations.
- Debt: Assessing the farmers’ debt burden and their ability to repay loans.
- Adaptive capacity: Evaluating the farmers’ ability to adapt to changing circumstances and implement effective strategies.
- Landholding: Considering the size of land owned or operated by the farmers.
- Irrigation facilities: Analyzing the availability and access to irrigation systems.
- Mitigation strategies: Examining the presence of measures or initiatives taken to mitigate agricultural risks.
- Socio-psychological factors: Assessing the psychological well-being and social support systems of farmers.
Interpreting the Index:
- The Farmers’ Distress Index assigns a value between 0 and 1 to indicate the level of distress.
- Values ranging from 0 to 0.5 represent low distress, 0.5 to 0.7 indicate moderate distress, and values above 0.7 signify severe distress.
- In cases of severe distress, the index helps identify the specific indicator contributing the most to farmers’ distress.
Significance
- The index enables various entities, including government bodies and non-governmental agencies, to receive early warnings about impending farmers’ distress.
- It facilitates proactive interventions to address the distress and minimize its impact on farmers and the agricultural sector.
Mitigating Farmers’ Distress through Interventions:
- Based on the severity of distress indicated by the Farmers’ Distress Index, different agencies can implement interventions to prevent income shocks and support affected farmers.
- Proposed solutions include direct money transfer and mid-term release of claims under government crop insurance schemes in case of crop failures.
- For example, under the Pradhan Mantri Fasal Bima Yojana (PMFBY), insurance claims are typically processed after a full survey is completed. However, if the index predicts severe distress in the upcoming weeks, the government can provide interim relief under the scheme to alleviate immediate financial burdens for farmers.
- These interventions aim to provide timely support and ensure that farmers receive necessary assistance during periods of distress, helping them sustain their livelihoods and recover from agricultural setbacks.
-Source: Down To Earth
SCORES Platform
Context:
A total of 3,079 complaints against companies and market intermediaries have been disposed of through the Securities and Exchange Board of India’s (SEBI) SCORES platform recently.
Relevance:
GS III: Indian Economy
Dimensions of the Article:
- About SCORES Platform
- Types of Complaints Not Covered by SCORES Portal
- Securities and Exchange Board of India (SEBI)
About SCORES Platform:
- SCORES is a centralized grievance redress system launched by SEBI in June 2011.
- It is a web-based platform that allows investors to lodge and track complaints online.
- The system enables market intermediaries and listed companies to receive and redress investor complaints.
- All complaint-related activities, from lodging to closure by SEBI, are conducted online in an automated environment.
- Complainants can view the status of their complaints online.
Scope of Complaints:
- Complaints can be lodged on SCORES for issues covered under various acts and regulations, including:
- SEBI Act
- Securities Contract Regulation Act
- Depositories Act
- Companies Act, 2013
Entities Handled by SEBI:
- SEBI handles complaints against various entities, including:
- Listed companies / registrar & transfer agents
- Brokers / stock exchanges
- Depository participants / depository
- Mutual funds
- Portfolio Managers
- Other entities such as KYC collective investment schemes, merchant bankers, credit rating agencies, foreign institutional investors, etc.
Types of Complaints Not Covered by SCORES Portal:
- Bank deposits and banking, including issues related to non-banking financial companies (NBFCs) – RESERVE BANK OF INDIA (RBI)
- Fixed deposits with manufacturing companies, unlisted companies, and matters related to company mismanagement, financial performance, shareholders’ interest, etc. – MINISTRY OF CORPORATE AFFAIRS
- Insurance companies, brokers, agents, and insurance products and services – INSURANCE REGULATORY AND DEVELOPMENT AUTHORITY (IRDA)
- Commodities – FORWARD MARKETS COMMISSION
- Pension funds – PENSION FUND REGULATORY AND DEVELOPMENT AUTHORITY (PFRDA)
- Monopoly and anti-competitive practices – COMPETITION COMMISSION OF INDIA (CCI)
- Housing finance companies – NATIONAL HOUSING BANK
Securities and Exchange Board of India (SEBI):
- Securities and Exchange Board of India (SEBI) is the regulatory authority for the securities market in India.
- It was established in 1988 and received statutory powers in 1992 through the SEBI Act.
- SEBI’s primary objective is to protect the interests of investors and promote the development and regulation of the securities market.
- It regulates various entities including stock exchanges, brokers, sub-brokers, portfolio managers, depositories, custodians, and investment advisers.
- SEBI formulates rules and regulations to govern the securities market and ensures compliance by market participants.
- It oversees the issuance and trading of securities, such as equities, bonds, and derivatives.
- SEBI promotes transparency and fair practices in the securities market through disclosure requirements and corporate governance norms.
- It enforces regulations against market manipulation, insider trading, and fraudulent activities to maintain market integrity.
- SEBI conducts investigations and takes enforcement actions against violations of securities laws.
- The Investor Education and Protection Fund (IEPF) is managed by SEBI to promote investor awareness and protection.
- SEBI works in collaboration with other regulatory bodies and international organizations to strengthen the securities market ecosystem.
-Source: Business Standards
GSTN Made the Geocoding Functionality Live
Context:
Recently, the Goods and Services Tax Network (GSTN) made the geocoding functionality live for all states and union territories.
Relevance:
GS III: Indian Economy
Dimensions of the Article:
- About Geocoding
- About Goods and Services Tax Network
About Geocoding:
- Geocoding is the process of converting an address or description of a location into geographic coordinates.
- It is used to ensure the accuracy of address details and streamline the address location and verification process.
- The implementation of geocoding has been introduced in the GSTN (Goods and Services Tax Network) records.
- The GST Network has already geocoded 1.8 crore principal places of businesses.
- The geocoding functionality is available for various types of taxpayers, including normal taxpayers, composition taxpayers, SEZ units, SEZ developers, input service distributors, and casual taxpayers.
- It is applicable to taxpayers who are active, cancelled, or suspended.
- Geocoding is a one-time activity, and once the address is submitted, revisions are not allowed.
- Taxpayers who have already geocoded their address through new registration or core amendment will not have access to the geocoding functionality.
About Goods and Services Tax Network (GSTN):
- GSTN is a nonprofit non-government company registered under Section 8 of the Companies Act, 2013.
- It serves as the IT backbone for the implementation of the Goods and Services Tax (GST) in India.
- GSTN provides shared IT infrastructure and services to both the central and state governments, as well as taxpayers and other stakeholders.
- The company is responsible for developing and maintaining the technological infrastructure for the smooth functioning of the GST system.
- It facilitates various functions, including taxpayer registration, return filing, tax payment, and invoice matching.
- Private players hold a 51% equity stake in the GSTN, while the Central and State governments collectively hold a 49% equity stake.
- The involvement of private players ensures the efficient management and operation of the GSTN, leveraging their expertise in the IT sector.
-Source: Indian Express
Solar Flare
Context:
Recently, an X-class solar flare was emitted by the Sun, causing disruptions in radio communications in certain areas. The flare has been classified as an X1.0 flare by NASA.
Relevance:
GS III: Science and Technology
Dimensions of the Article:
- About Solar flares
- Impacts
About Solar flares
- Solar flares are magnetic plasma ejected from the Sun’s surface during the release of magnetic energy associated with sunspots.
Classification:
- Solar flares are classified on a logarithmic scale similar to the Richter scale.
- The class denotes the strength of the flare, and the number that comes after it signifies their strength at a finer scale. Each class is divided into 9 subdivisions.
Categories of Solar Flares:
X-class Flares (Big):
- These are the most powerful solar flares.
- They have the potential to cause radio blackouts worldwide and long-lasting radiation storms in the upper atmosphere.
- X-class flares are the largest and most impactful category.
M-class Flares (Medium-Sized):
- These solar flares are of medium intensity.
- They can cause brief radio blackouts, primarily affecting Earth’s polar regions.
- Minor radiation storms may follow an M-class flare.
C-class Flares:
- C-class flares are smaller in size compared to X- and M-class flares.
- They generally have minimal consequences and do not cause significant disturbances on Earth.
A-class Flares:
- A-class flares are the smallest solar flares.
- They are often near background levels and have negligible effects on Earth.
Impacts:
Solar flares can have significant impacts on various technological systems, including:
- Radio Communications: They can disrupt or even completely black out radio communication systems, especially those that operate in the high-frequency bands.
- Electric Power Grids: They can cause power outages and damage to transformers and other electrical equipment.
- Navigation Signals: They can disrupt GPS signals, which are used for navigation by aircraft, ships, and other vehicles.
- Spacecraft and Astronauts: They can pose risks to spacecraft and astronauts by exposing them to high levels of radiation, which can damage equipment and harm human health.
-Source: Down To Earth