In News:

• UN parties agree on funding mechanism to fight impacts of climate disaster

About the News:

• United Nations Climate Change Conference (COP27) has recently clinched a breakthrough agreement to provide “loss and damage” funding for vulnerable countries hit hard by climate disasters.
• The funding will address the impacts on the lives and livelihoods of communities ruined by the very worst impacts of climate change.
• The package will help strengthen countries to cut greenhouse gas emissions besides boosting the support of finance, technology and capacity building needed by developing countries.
• The step is seen as the commitment of global parties to limit global temperature rise to 1.5 degrees Celsius above pre-industrial levels.

Loss and Damage mechanism:

• About: It is an outcome of the Conference of Parties (COP-27) to focus on new funding arrangements for Loss and Damages to parties particularly vulnerable to the adverse effects of climate change.
• Compensation mechanism: It will focus on establishing causal relations between the injurer and the victim since the adverse effects of climate change occur substantially later than greenhouse gas emissions causing them
• New committee: UN will create a new transitional committee to prepare elements relating to the operationalisation of the new funding arrangements to be adopted at COP28.

Major issues:

• Absence of clarity: The committee formed to identify and expand sources of funding lacks transparency on the source of funding for the new funding mechanism.
• Non-compliance: There is apprehension over non-compliance by developed countries for the new L and D fund as the climate finance commitment of mobilising $100 billion per year by 2020 is yet to materialise.
• Lack of teeth: The new funding arrangements will complement the existing arrangements thus diluting the demands by the Alliance of Small Island States (AOSIS) to set up a dedicated loss and damage response fund in addition to existing climate finance commitments.

Important outcomes of COP27:

• Technology: Launching of a new five-year work program at COP27 to promote climate technology solutions in developing countries.
• Mitigation: Launching of mitigation work programme for scaling up mitigation ambition and implementation until 2026 with periodical review for its extension.
• Nudge for SDG targets: Formal requests to governments to revisit and strengthen the 2030 targets in their national climate plans by the end of 2023 besides accelerating efforts to phasedown unabated coal power and inefficient fossil fuel subsidies.
• Energy crisis: Need for transforming energy systems for more secure, reliable, and resilient clean energy in the aftermath of unprecedented global energy crisis.

Source:

https://www.thehindu.com/opinion/op-ed/loss-and-damage-decisions-pitfalls-and-promises/article66196427.ece/amp/

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Prime Minister launched four digital court initiatives, to mark the Constitution Day celebrations in the Supreme Court on 26^th November.

About the News

• The Constitution of India was adopted by the Constituent Assembly on November 26, 1949, for ‘We the people of India’. The day began to be celebrated as Constitution Day in 2015.
• Prime Minister launched four new initiatives under the e-court project. The Project is an effort to provide services to litigants, lawyers and the judiciary through ICT enablement of courts.

What were the different e-court initiatives launched?

1. Virtual Justice Clock: It is an initiative to exhibit vital statistics of the justice delivery system at the Court level giving the details of the cases instituted, cases disposed and pendency of cases on a day/week/month basis at the Court level.
2. JustIS mobile App 2.0: It is a tool available to judicial officers for effective court and case management by monitoring the pendency and disposal of not only his court but also for individual judges working under them.
3. Digital court: Digital Court is an initiative to make the court records available to the judge in digitized form to enable the transition to a Paperless court.
4. S3WaaS Websites: S3WaaS Websites stands for iSecure, Scalable & Sugamya It is a framework to generate, configure, deploy and manage websites for publishing specified information and services related to district judiciary. It is a cloud service developed for the government which is multilingual, citizen-friendly and disability friendly.

What are the benefits of digitization of the judiciary?

• Prevent delays in cases: The time consumed in summoning records from the lower courts to the appellate courts is one of the major factors that cause delays in cases.
• Ensure transparency and efficiency: Entire information related to a particular case would be available online to the attorneys, parties and the general public through the help of the internet.
• Increased traceability of Case files: This will reduce adjournments due to the traceability of affidavits which were stored electronically.
• Virtual hearing: Virtual hearing through video conferencing would assist witnesses and other parties to register their statements without travelling or fear of other parties.
• E-courts: It would help in the computerization of workflow management in courts helping to create a better court and case management

Source:

https://www.livelaw.in/top-stories/explained-which-are-the-4-e-court-initiatives-launched-by-prime-minister-on-constitution-day-215131

Image Source: 

https://www.nic.in/products/ecourts/-

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In news

The Indian industries have urged the government to encourage private-sector mining of critical rare earth minerals, to counter India’s reliance on China for imports and diversify sources of supply for these strategic raw materials.

Rare Earth Elements (REE)

• Rare earth elements are a group of seventeen chemical elements that occur together in the periodic table.
• The rare earth elements are all metals and have many similar properties, and that often causes them to be found together in geologic deposits.
• They are also referred to as "rare earth oxides" because many of them are typically sold as oxide compounds.
• Rare earth elements are not as "rare" as their name implies, as crustal abundance of few minerals are greater than the crustal abundance of gold.
• However, these metals are very difficult to mine because it is unusual to find them in concentrations high enough for economical extraction.

Current scenario of REE in India

• India has the world’s fifth-largest rare earth reserves, but it has been primarily relying on imports of these crucial minerals from China.
• India has 6% of the world’s rare earth reserves, but it only produces 1% of global output.
• The demand for rare earth, which contributes a total value of about $200 billion to the Indian economy, has surged with use of technology.
• Existing Bottlenecks for REE mining
  • The mining and extraction processes are capital-intensive, consume large amounts of energy, and release toxic by-products, an issue that has caused controversy in India.
  • Processed minerals usually take the form of a rare earth oxide (REO), which then needs to be converted into a pure metal before it can be used to manufacture anything, thereby demanding more value addition
  • Currently, REE production in India is conducted almost entirely by a government organisation (Indian Rare Earths Limited), which provides little incentive to global markets, and accounts for only a minuscule fraction of the world’s production.

Recommendations by Indian Industries

• The Government should set up an ‘India Rare Earths Mission’, manned by professionals, like the India Semiconductor Mission and make their exploration a critical component of the Deep Ocean Mission plan of the government.
• To reduce dependence on China, there is a need to build domestic capability and broad-base supply sources for such an important and strategic raw material.
• Such minerals should not be held captive to India’s civil nuclear programme, rather the public sector firm Indian Rare Earths Limited (IREL) should collaborate with private entities, to pursue other minerals.
• Rare earth minerals should be a part of the ‘Make In India’ campaign, as Developing a well carved out REE value chain would also be in sync with Atma Nirbhar Bharat programme.

Source:

India Rare Earths Mission’ to reduce reliance on China

Image source:

• https://geology.com/articles/rare-earth-elements/rare-earth-elements-periodic-table.gif
• https://twitter.com/_Tweets_Truth/status/1567574166026452993/photo/1
• https://nanthavictor.com/2016/10/19/india-not-realising-potential-of-rareearth-industry/

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Why in news?

• Recently, the Indian Space Research Organization (ISRO) in partnership with the Ministry of Earth Sciences (MoES) has launched Earth Observation Satellite-6 (EOS-6) from its First Launch Pad (FLP) at Satish Dhawan Space Centre (SDSC), Sriharikota.

About EOS-6

• It is the third-generation satellite in the Oceansat series. 
• It is a successor to the OceanSat-2 (1999) and IRS-P4 (2009) satellites.

Aim:

• To maintain the operational applications by ensuring the data continuity of ocean color and wind vector data.
• Some additional datasets, like sea surface temperature and more bands in the optical region for florescence and in the infrared region for atmospheric adjustments are supported to improve the applications.
• To create or enhance relevant algorithms and data products that can be used in well-established application fields and thereby enhance the utility of the mission.

Significance

• The launch of Oceansat-3 is remarkable since it is the first major ocean satellite launch from India since the commencement of the UN Decade of Ocean Science for Sustainable Development (UNDOSSD, 2021-2030).

Other EOS Series Launches

• EOS-01:For Agriculture, Forestry & disaster management support
• EOS-02:Technology demonstration satellite for agriculture, forestry, geology, hydrology etc. and forming the payload for SSLV-1.
• EOS-03:First Agile Earth Observation satellite in Geostationary orbit and used for near real-time imaging, quick monitoring of natural disasters, spectral signatures for agriculture, forestry etc.
• EOS-04: Radar Imaging satellite for high-quality images under all weather conditions (for agriculture, Forestry & Plantations, Soil Moisture & Hydrology and Flood Mapping.)
• EOS-05: Geostationary orbit Earth Observation Satellite.
• EOS-06: Earth Observation satellite for ocean-related services and advisories towards potential fishing zone forecast, ocean state forecast.

Content Source Link:

• https://www.livemint.com/news/india/isro-launches-earth-observation-satellite-from-sriharikota/amp-11669466089710.html,
• https://indianexpress.com/article/technology/science/pslv-c54-carrying-earth-observation-satellite-and-co-passenger-satellites-lifts-off-sriharikota-8291169/,
• https://www.india.com/science/isro-pslv-c54-mission-live-updates-oceansat-satellites-launch-sriharikota-5765645/

Image Source Link:

https://www.restec.or.jp/en/knowledge/sensing/sensing-4.html

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• Context: Right to religion does not include the right to convert: MHA to SC
• The right to freedom of religion has been given in Article 25 to Article 28 of the Indian constitution and is available to all persons-citizens as well as non-citizens.

• This article is the bedrock of secularism in India.
• The word ‘Religion’ is not defined in the constitution.
• Article 25 provides four types of freedom for religious activity.

• • Freedom of conscience
  • Right to profess
  • Right to practice
  • Right to propagate
• It does not include a right to convert another person to one’s own religion, hence, forcible conversions are not allowed because the ‘freedom of conscience’ is guaranteed to all persons alike.
• Article 25 covers religious beliefs (doctrines) and religious practices (rituals).
• Like other rights, the right to religious freedom is not an absolute right.
• There are reasonable restrictions; like public order, morality, health, and other provisions relating to fundamental rights.
• Article 28 helps to stop forcefully worshipping and attending religious instruction.
  • provision of Article 28(1) that no religious instruction shall be provided in any educational institution wholly maintained out of State funds.

Sources:

https://www.thehindu.com/news/national/right-to-religion-does-not-include-right-to-convert-mha-to-sc/article66197097.ece/amp/

Image source : yourquote.in

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Context: Uttarakhand HC stays construction in Nainital hamlet as Google Images shows shrinking green cover.

• The National Green Tribunal, established in 2010, as per the National Green Tribunal Act, is a specialised judicial body solely for the purpose of adjudicating environmental cases in the country.
• The Tribunal was set up as per recommendations of the Supreme Court, Law Commission and India’s international law obligations to develop national laws on the environment and implement them effectively.
• Decisions of the Tribunal are binding, and orders are enforceable as the powers vested are the same as in a civil court under the Code of Civil Procedure, 1908.
• The National Green Tribunal with a wide jurisdiction to deal with not only violations of environmental laws, but also to provide for compensation, relief and restoration of the ecology in accordance with the ‘Polluter Pays’ principle and powers to enforce the ‘precautionary principle.
• The Tribunal functions with the objective of disposing off the case within six months of filing.

Sources:

https://www.thehindu.com/news/national/other-states/uttarakhand-hc-stays-construction-in-nainital-hamlet-as-google-images-shows-shrinking-green-cover/article66196789.ece/amp/

Image source:

https://timesofindia.indiatimes.com/india/cases-on-the-rise-but-green-court-understaffed/articleshow/58475110.cms

https://www.downtoearth.org.in/coverage/tribunal-on-trial-47400

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• Context: Recently Supreme Court had struck down the National Judicial Appointments Commission, which gave the government an equal say in judicial appointments to the constitutional courts, in 2015.

• The Government notified the National Judicial Appointments Commission Act, 2014 and the Constitution (Ninety-ninth Amendment) Act, 2014 replacing the collegium system for appointment of Judges in the Supreme Court and High Courts with NJAC inserting Art 124A in the Indian Constitution.
• Composition of NJAC

1. Chaired by CJI
2. 2 Senior most SC Judges
3. Union Minister of Law and Justice
4. Two eminent persons to be nominated by a committee of the Prime Minister of India, the Chief Justice of India, and the Leader of the Opposition in the House of the People, or if there is no Leader of the Opposition, then the Leader of the single largest Opposition Party in the House of the People
5. The Act provides that one of the eminent persons shall be nominated from amongst persons belonging to the Scheduled Caste, the Scheduled Tribes, Other Backward Classes, Minorities orWomen.

In 2015, the SC struck down NJAC calling it unconstitutional.

Source:

https://www.thehindu.com/news/national/unhappiness-over-njac-behind-govt-delay-on-collegium-recommendations-govt-needs-to-follow-the-law-of-the-land-sc/article66195526.ece/amp/

https://pib.gov.in/newsite/printrelease.aspx?relid=118224

https://indconlawphil.wordpress.com/tag/njac/#:~:text=On%20Article%20124A%2C%20which%20replaces,the%20present%20five%2Djudge%20bench.

Image source:

https://timesofindia.indiatimes.com/india/supreme-court-verdict-on-national-judicial-appointments-commission-government-surprised-mixed-reaction-from-legal-fraternity/articleshow/49416394.cms

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• Context: The protests opposing SilverLine Project have resurfaced in Kerala.
• What is it?

1. The proposed 45-km railway line will link Thiruvananthapuram in the south to Kasaragod in the north, covering 11 districts through 11 stations within four hours.
2. It is being executed by the Kerala Rail Development Corporation Limited (KRDCL).
3. KRDCL, or K-Rail, is a joint venture between the Kerala government and the Union Ministry of Railways created to execute big railway projects.

• Why is K-rail needed?

1. To be future-ready, the infrastructure needs updated technology.
2. Silverline project can take a significant load of traffic off, make travel faster for commuters and reduce congestion on roads.

• Concerns related to SilveLine Project

1. The area cuts through several wetlands, paddy fields and hills which are precious.
2. It will lead to the displacement of a huge number of families.

Source: 

https://indianexpress.com/article/explained/what-is-keralas-silverline-rail-project-government-recalled-officials-8294757/

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Why in news? Recently, Telangana scored a double win at the UNESCO Asia-Pacific Awards for Cultural Heritage Conservation.

About:

• Since 2000, the UNESCO Asia-Pacific Awards for Cultural Heritage Conservation programme has recognised the efforts of private individuals and organisations in restoring, conserving, and transforming structures and buildings of heritage value in the region.
• The awards give people a sense of pride and sense of ownership of their own heritage.
• In 2020, UNESCO highlighted the contribution of cultural heritage to sustainable development within the broader framework of the 2030 Agenda for Sustainable Development.

https://www.thehindu.com/news/national/telangana/telangana-scores-a-double-win-at-unesco-heritage-conservation-awards/article66186985.ece#:~:text=Telangana%20scored%20a%20double%20win,Domakonda%20Fort%20in%20Kamareddy%20district

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Why in news? The Supreme Court recently issued a notice to the Centre on a plea to grant legal recognition to same-sex marriages and alliances between members of the LGBTIQ+ community under the Special Marriage Act.

About:

• The Special Marriage Act, 1954 is an Act of the Parliament of India with provision for civil marriage for the people of India and all Indian nationals in foreign countries, irrespective of religion or faith followed by either party.
• It lays down the procedure for both the solemnization and registration of marriage.
• As per Section 5 of the Act Couples have to serve a notice with the relevant documents to the Marriage Officer 30 days before the intended date of marriage.

https://www.thehindu.com/opinion/editorial/same-rights-on-governments-response-to-appeals-to-allow-same-sex-marriage/article66195846.ece/amp/

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Why in news? Recently, Bharat Biotech’s COVID-19 intranasal vaccine iNCOVACC (BBV154) has received Central Drugs Standard Control Organisation (CDSCO) approval.

About:

• There is nothing such as emergency use approval in Indian rules, however the 2019 rules provide for “Accelerated Approval Process” in several situations that would include the one like the current pandemic.
• In such situations, there is a provision for granting approval to a drug that is still in clinical trials provided the product is of meaningful therapeutic benefit.
• Accelerated approval may also be granted to a new drug if it is intended for the treatment of a serious, or life-threatening condition, or disease of special relevance to the country, and addresses unmet medical needs.
• The approval granted to drugs or vaccines that are still in clinical trials is temporary, and valid only for one year.

https://www.thehindu.com/news/cities/Hyderabad/cdsco-nod-for-bharat-biotechs-covid-19-intranasal-vaccine-under-restricted-use/article66197173.ece/amp/ 

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Why in news? Recently, the Securities and Exchange Board of India (SEBI) has amended norms to bring buying and selling of mutual fund units under the ambit of insider trading rules.

About:

• Insider trading refers to the practice of purchasing or selling a publicly traded company’s securities while in possession of material information that is not yet public information.
• At present, insider trading rules are applicable to dealing in securities of listed companies or those proposed to be listed, when in possession of Unpublished Price Sensitive Information (UPSI).

https://economictimes.indiatimes.com/mf/mf-news/sebi-amends-norms-brings-in-buying-selling-of-mutual-funds-under-insider-trading-rules/articleshow/95761709.cms

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Why in news? Recently, The Uttar Pradesh government has decided to introduce the police Commissionerate system in Agra, Ghaziabad and Prayagraj.

About:

• Police Commissionerate system essentially splits a district in two parts from the point of view of policing.
• The part of the city that forms the large, urbanised settlement becomes a geographical area where the police responsibilities of District Superintendent of Police get transferred to the Commissioner of Police.
• For the rest of the district, however, both the District Magistrate, his subordinate magistrates and the District Superintendent of Police retain their police powers.

https://indianexpress.com/article/cities/lucknow/police-commissionerate-system-in-agra-ghaziabad-prayagraj-8290497/#:~:text=The%20Uttar%20Pradesh%20government%20has,the%20state%20Cabinet%20this%20Friday

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Why in news? Recently, Union Ministry of Agriculture and Farmers Welfare stated that it is open to taking pro-farmer changes in Pradhan Mantri Fasal Bima Yojana (PMFBY) in response to the recent climate crisis and rapid technological advances.

About:

• PMFBY was launched in 2016 and it replaced the National Agricultural Insurance Scheme (NAIS) and Modified National Agricultural Insurance Scheme (MNAIS).
• Farmers including sharecroppers and tenant farmers growing notified crops in the notified areas are eligible for coverage.
• PMFBY objective is to provide insurance coverage and financial support to the farmers in the event of failure of any of the notified crops because of natural calamities, pests & diseases.

https://www.livemint.com/news/india/farm-ministry-open-to-pro-farmer-changes-in-pmfby-in-response-to-climate-change-11669276795806.html

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Exam View:

In News: The Supreme Court (SC) observed that the rising rate of juvenile delinquency in India is a matter of concern and requires immediate attention.

Child sexual abuse is a multi-layered problem which negatively impacts children’s physical safety, mental health, well-being and behavioural aspects. Mobile and digital technologies have further amplified child abuse and exploitation. New forms of child abuse like online bullying, harassment and Child Pornography have also emerged.

According to the National Crime Records Bureau (NCRB), since it started recording these crimes in 2017, they had risen by over 700 per cent by 2019.

The Criminal Procedure Code lays the rules for the conduct of proceedings against any person who has committed an offence under any Criminal law.

Juvenile Justice (Care and Protection of Children) Act, 2015:

Juvenile Justice (Care and Protection) Amendment Act 2021:

• The amendment provides strength to the provision of protection and adoption of children. There are many adoption cases pending before the court and to make proceedings of the court faster now the power is transferred to the district magistrate.
• Amendment provides that the district magistrate has the authority to issue such adoption orders.
• It addresses several concerns that were flagged by the National Commission for Protection of Child Rights (NCPCR).
• It highlights that many Child Care Institutions (CCIs) were not registered, and some have no toilets and drinking water.
• Serious offences included offences for which maximum punishment is imprisonment of more than seven years, and minimum punishment is not prescribed or is less than seven years.

 Concerns Associated with the Juvenile Justice Amendment Act, 2021:

• Section 86 of the JJ Act: Crimes under a special law, with punishment between three to seven years, have been reclassified as non-cognisable.
• Imbalance in power: While the victims themselves are unable to directly report them due to the imbalance in power, most such crimes are reported to the police by either parents or child rights bodies and Child Welfare Committees (CWC).
• The Grievance redressal powers under the Act have been taken away from the judiciary: It has been given to the executive. It seeks to take away the role of judges who are specialized authorities in dealing with the nuances of the law.
• Serious crimes under the special law: It would make reporting an offence to the police even more difficult.
• Lack of awareness: Parents of these Children are mostly daily wage labourers, and are either unaware of how to, or not inclined to report the crimes to the police.
• Centralizing all powers with respect to child rehabilitation in one authority (DM): It may lead to delays and may have wider repercussions on child welfare.

Juvenile Justice Laws should be made more easier for the victim, their parents and other social organizations to get the necessary support and ensure that their child returns to a normal life. This should be done in addition to addressing the procedural loopholes and ensuring rapid delivery of justice.

Way Forward:

To ensure safety of the Childrens, District Administration should work in close coordination with all five arms – CWC, JJ Board, CCI, district child protection units and special juvenile police units.

Specific training in child protection rules should be imparted, as district magistrates usually are not trained or equipped to deal with these specific laws.

Along with addressing the procedural lacunae and ensuring faster delivery of justice, there is a need to ease reporting capacity of victims through parents or independent civil society organisations that will provide the necessary support to the victim and ensure that the child returns to a normal life.

Correctional home: The fundamental premise of juvenile justice law is that a juvenile offender who lacks such maturity should not be sent to a criminal court to be tried for the commission of an offence, and instead, should be sent to a correctional home for reform and rehabilitation. Conversely, therefore, should the offender have such maturity, he/she must be prosecuted before the criminal court, tried and, if found guilty, punished.

 The age of the juvenile offender alone cannot, therefore, justify a blanket immunity from the criminal process — rather, the question of such immunity must be assessed on a case-by-case basis depending on the maturity of such offender.

https://indianexpress.com/article/opinion/columns/offender-vs-offence-juvenile-justice-bill-8293489/

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Background

Households in Bihar’s parched tourist sites of Rajgir, Gaya and Bodhgaya, will soon get piped drinking water, under Har Ghar Gangajal project of state government.

About Har Ghar Ganga Jal Project:

• The project is part of ambitious Jal, Jeevan Hariyali scheme and it takes care of drinking water supply round the year. The project is about converting flood water into drinking water.
• A Hyderabad-based company has been engaged to implement the project which will “lift, store, treat and supply” the water.
• Mechanism of functioning:
  • An intake pump house has been built at Hathidah near Patna to draw out the Ganga flood water via pumps and transfer it to three storage reservoirs through a network of pipelines
  • These three storage reservoirs are located at Rajgir , Tetar, and Gaya.
  • Water will be pumped from these reservoirs to three water treatment plants in Rajgir Manpur, and Gaya.
  • A pipeline network with a length of 151 km was laid with different diameters. One railway over the bridge and four bridges are also part of the project.
• The project addresses the twin problems of floods and drinking water shortage in areas with a lower water table by using water lift technology.

Source: 

https://indianexpress.com/article/cities/patna/bihar-to-bring-ganga-to-parched-towns-by-tapping-its-flood-water-8288461/

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