Exam View: Sedition’s infamous origin; Kedarnath vs State of Bihar (1962) ; Countering 124A

Context: In its 279th Report, the Law Commission of India has recommended the retention of Section 124A of the Indian Penal Code which contains the Law of Sedition.

Background:

The Supreme Court of India:

• In 2022, it had ordered a stay on all existing proceedings and also on the registration of fresh cases (G. Vombatkere vs Union of India) under sedition upon the Union Government.
• The Court’s stay order was in consideration of the fact that this law was widely misused by the law enforcement authorities.

Decoding the editorial: Sedition

Infamous Origin

• Meaning:
  • Sedition is an offence against the government and not against the country.
  • The offence is in bringing or attempting to bring in hatred or contempt or excitement or attempting to excite disaffection towards the government established by law.
• Application: It was defined and applied in two different ways during the British period.
  • Disaffection: In the Queen Empress vs Bal Gangadhar Tilak 1897, the Bombay Court found Bal Gangadhar Tilak guilty of sedition for writing a couple of articles in Kesari, a Marathi weekly, invoking Shivaji, which was interpreted as exciting disaffection towards the British government.

• • Incitement to violence or disorder: The Niharendu Dutt Majumdar And Ors. vs Emperor was decided by the Federal Court. Acquitting the accused Majumdar, Sir Mauris Gwyer, Chief Justice, explained the law as: “Public disorder or the reasonable anticipation or likelihood of public disorder is thus the gist of the offence.”
  • Privy Council, the highest appellate court of that time, approved the law stated by Justice Stratchy in Tilak’s case.
    • Thus, sedition meant exciting or attempting to excite bad feelings towards the government. It was a very draconian law.

Post-independence era: Kedarnath vs State of Bihar (1962)

• The Court held that sedition is constitutionally valid for two reasons.
  • Sedition, though an offence against the government, is against the state because the government is a visible symbol of state and the existence of the state will be in jeopardy if the government is subverted.
  • Article 19(2) imposes restrictions in the interest of the security of the state which has wider amplitude and which includes the law on sedition.
• The Law Commission recommended incorporating the essence of that judgement.

Countering 124A

• Disaffection is a part of the democratic process and experience
  • In a democratic republic where people have the freedom to change a bad government, disaffection towards a government cannot be an offence.
  • Therefore, making it an offence directly conflicts with the fundamental rights of citizens.
  • One cannot expect citizens to have any affection towards a bad government.
• Sedition contained in Section 124A goes against Article 19(1)(a)
  • The Supreme Court, in Kedarnath, held that Section 124A is valid but can be invoked only when the words or gestures have a tendency to incite violence.
  • The Court was conscious of the fact that sedition, as a reasonable restriction on the right of speech and expression, was deleted from the draft Constitution by the Constituent Assembly.
  • Hence, sedition was not meant to be a reasonable restriction. But the Court wanted to retain sedition because it was worried about an imminent communist revolution in the country.
• It is unconstitutional
  • The Law Commission failed or did not want to see the fallacy in the Kedarnath judgement which equates government with state, which is illogical in the context of a democratic republic.
  • Therefore, its attempt to bring sedition within the framework of reasonable restriction under Article 19(2) is constitutionally impermissible.

The recommendation for the enhancement of punishment defies common sense when there is a universal demand for the scrapping of this law.

Source:

https://www.thehindu.com/opinion/lead/sedition-illogical-equation-of-government-with-state/article66942872.ece

In News: A report titled ‘Low-cost finance for energy transition’ by the International Renewable Energy Agency (IRENA), laid out a detailed strategy to access low cost finances for energy transition and ), has praised India’s achievement in rolling out “unprecedented” renewable energy capacity.

About the Report:

• This report, developed by IRENA in collaboration with the Ministry of New and Renewable Energy (MNRE) under the Energy Transition Working Group of India's G20 Presidency.
• It highlights the importance of low-cost finance in driving the deployment of critical technologies such as hydrogen, offshore wind and energy storage.

Key Highlights of the Report:

Cost trends and investments in both renewable power generation technologies

• The period 2010-2022 witnessed a dramatic reduction in the cost of generating electricity from solar photovoltaic (PV), onshore wind, offshore wind and concentrating solar power (CSP).
• This cost reduction was driven by a virtuous cycle of policies that supported deployment, reducing costs and leading to more countries adopting renewable energy.
• Today, onshore wind and utility-scale solar PV are typically the lowest-cost sources of new electricity generation.
• Costs have also fallen for critical energy transition technologies like offshore wind, hydrogen electrolysers, heat pumps and batteries, although the reduction is not as significant as for solar PV.
• In 2010, 88 GW of renewable energy (RE) was added at a cost of USD 221 billion. However in 2021, three times that level of new RE capacity was commissioned, but with the investment of only USD 353 billion.

The Energy Transition: A 1.5°C Pathway

• Share of RE in final energy consumption needs to increase to 80% from the current 17-18%.
• Electricity production through renewables should increase to 90%, of which solar and wind would make up two-thirds of this generation.
• Green hydrogen produced from renewable sources has a key role in challenging sectors like industry and shipping.
• CO₂ removal and storage through carbon capture and storage (CCS), and carbon capture, utilisation and storage (CCUS) or negative emission measures such as bioenergy with carbon capture and storage (BECCS), direct-air capture, reforestation and afforestation, among others.

Low-Cost Finance for Renewable Power:

• Domestic financial markets are critical sources of capital for financing the energy transition since they provide diversified funding sources, access to local equity capital and corporate bond markets, and much-needed local-currency financing to avoid currency risk and help mitigate macroeconomic shocks.
• Governments can set conditions for the private sector to build & finance a viable pipeline of transition–oriented projects.

Innovative Frameworks to Accelerate Deployment of Low-Carbon Technologies:

• Along with economies of scale as markets grow, innovation is one of the main levers available to reduce technology costs, accelerate market penetration and unlock financial resources.
• Effective innovation frameworks incorporate coordinated policies and actions to drive innovations in four areas i.e. enabling technologies, business models, market design and system operation.

Recommendations for the G20 members for their policy-making process:

• The fossil fuel price shock of 2022 has reinforced the need for countries to stay on course in the energy transition and to scale up the deployment of renewables.
• Countries should provide a range of policy incentives (economic, financial and regulatory as appropriate to a country’s situation) to facilitate the development and deployment of the next set of critical technologies for the energy transition.
• Countries should build upon the lessons learnt from the success of solar PV and onshore wind.
• The role of the public sector is crucial to unlocking low-cost private sector capital for the energy transition.
• Knowledge exchange is vital and G20 members should take the opportunity to exchange knowledge and best practices.

Source:

https://mc-cd8320d4-36a1-40ac-83cc-3389-cdn-endpoint.azureedge.net/-/media/Files/IRENA/Agency/Publication/2023/May/IRENA_Low_cost_finance_energy_transition_2023.pdf?rev=02ba5ca271cc40e7a0c9d76586fd209f

In News: Kerala government launches KFON scheme in an attempt to reduce the digital divide in the state.

About Kerala Fibre Optical Network (KFON):

• KFON is a Kerala government scheme to provide high-speed broadband internet access to all households and government offices in Kerala
• It is an optical fibre cable network spanning 30,000 kms with 375 Points-of-Presence across the state shared with service providers, including cable operators.
• While government offices will directly benefit from KFON, individual households will need to rely on local internet service providers.
• It is part of the state's commitment to making internet access a basic right and is expected to accelerate Kerala's journey towards being a knowledge-based economy and boost e-governance.
• The network promises internet speeds ranging from 10 Mbps to 10 Gbps and aims to improve mobile phone call quality.
• In the first stage, connectivity will be provided to 30,000 government offices and 14,000 below poverty line (BPL) families.
• At present, the major services provided under KFON includes leasing of dark fibre, internet leased line, fibre to the home, Wi-Fi hotspots, internet protocol television, OTT, and cloud hosting.

https://indianexpress.com/article/explained/kfon-kerala-scheme-internet-connectivity-for-all-explained-8648744/

In News: Physicists of Large Hadron Collider (LHC) at CERN have detected a rare decay of the Higgs boson into a Z boson particle and a photon.

About Higgs Boson Decay:

• The Higgs boson is a subatomic particle that carries the force associated with the Higgs field, believed to be present throughout the universe.
• The Higgs boson is responsible for the mass of other particles and the stronger the interaction between a particle and the Higgs boson, the greater its mass.
• The boson particles can decay into lighter particles, and the decay pathways are predicted by the Standard Model.
• This decay process provides valuable information about the properties of the Higgs boson and the nature of our universe.
• Detecting the decay of the Higgs boson helps validate the predictions of the Standard Model and search for potential gaps in our understanding of particle physics.
• The rarity of the decay pathway makes it challenging to observe, requiring a significant number of Higgs bosons to be created and detected.
• Overall, studying the decay pathways of the Higgs boson will go a long way in contributing to our understanding of fundamental particles and the forces that shape the universe.

https://www.thehindu.com/sci-tech/science/higgs-boson-z-boson-photon-lhc-standard-model-test/article66933432.ece

In News: India achieves over 90% self-sufficiency in dals (pulses) on the wave of increased chana (chickpea) production.

About Atmanirbhar in Pulses Compared to Edible Oil:

• India has recently made substantial progress in achieving self-sufficiency in pulses while remaining significantly import-dependent in edible oil.
• The country has achieved over 90% self-sufficiency in pulses, primarily due to increased production of chana (chickpea).
• In contrast, India's vegetable oil imports have surged over the years, reaching a value of $20,837.70 million (Rs 167,269.99 crore) in 2022-23.
• Out of the 24-25 million tonnes of cooking oil consumed annually, only 9-10 million tonnes are domestically produced, while the rest is imported.
• India's pulses imports have declined from 6.61 mt in 2016-17 to 70 mt and 2.52 mt in 2021-22 and 2022-23 respectively.
• Domestic pulses production has increased from 19.26 mt in 2013-14 to 50 mt in 2022-23, contributing to self-sufficiency.
• Government interventions such as a 60% import duty on chana, minimum support prices (MSP) adequate stocking and availability of imports have helped to mitigate potential inflation in pulses.
• Overall, while India has made significant strides towards self-sufficiency in pulses, however greater focus is needed to achieve similar results in the edible oil sector.

https://indianexpress.com/article/explained/explained-economics/how-india-has-become-relatively-atmanirbhar-in-pulses-compared-to-edible-oil-8645756/

Why in news? Punjab and Himachal Pradesh are gearing up for a face-off over the Shanan Power Project.

About:

• The Shanan hydroelectric plant, commissioned in 1932, the powerhouse was constructed as per a 99-year lease executed between Raja Jogendra Sen, the then king of Mandi, and Col BC Batty, Chief Engineer of the Punjab Government, in 1925.
• It is located in Joginder Nagar in the Mandi district of Himachal Pradesh.
• The project harnesses the power of the Uhl River, a tributary of the Beas River, and generates 110 MW of electricity.
• The project consists of a dam, a powerhouse, a reservoir and a network of canals and tunne
• The project is also a source of irrigation and drinking water for the surrounding areas.
• The lease agreement will expire in March 2024, and both Himachal Pradesh and Punjab are claiming their rights over the project.

https://www.hindustantimes.com/cities/chandigarh-news/the-power-battle-between-punjab-and-himachal-pradesh-101686131180224.html

Why in news? Recently, A photo appeared to show four of the beleaguered wrestlers posing with wide smiles for a selfie in the van, had been manipulated using an Artificial Intelligence tool to add smiles to the wrestlers’ faces.

About:

• The term deepfake originated in 2017, when an anonymous Reddit user called himself “Deepfakes.”
• This user manipulated Google’s open-source, deep-learning technology to create and post pornographic videos.
• Deepfake technology is a method for manipulating videos, images, and audio utilizing powerful computers and deep learning.
• It is basically hyper-realistic digital falsification.
• It is used to generate fake news and commit financial fraud among other wrongdoings.
• Deep learning is a part of Deep synthesis.
  • Deep synthesis is defined as the use of technologies, including deep learning and augmented reality, to generate text, images, audio and video to create virtual scenes.
• It overlays a digital composite over an already-existing video, picture, or audio; cybercriminals use Artificial Intelligence technology.
• Deepfakes surpass traditional photo editing techniques by leveraging machine learning algorithms.
• Deepfakes have been used to create manipulated content, such as fake videos of political figures and false disaster images.

https://www.thehindu.com/opinion/op-ed/dealing-with-deepfakes/article66933977.ece

Why in news? Recently, A study conducted by the University of Exeter shows that the public is aware of and accepts the use of bacteria-killing viruses, known as phage therapy, as an alternative to antibiotics.

About:

• It is a treatment approach that uses bacteriophages, which are viruses that infect and kill specific bacteria.
• The method involves using these viruses to target and destroy bacterial infections, serving as an alternative to antibiotics.
• Phages are highly specific in their action, targeting only the specific bacteria they are programmed to attack, which can potentially reduce the risk of antibiotic resistance.

Bacteriophages

• These are viruses that infect bacteria and use them as hosts for their replication.
• They are highly diverse and can target different types of bacteria.
• It was discovered by Frederick Willian Twort in 1915 (Great Britain) and Felix d’Herelle in 1917 (France)

https://medicalxpress.com/news/2023-05-aware-bacteria-killing-viruses-alternative-antibiotics.html

Why in news? NATO has sent 700 more of its peacekeeping troops to Kosovo, to establish peace in the Kosovo-Serbia conflict.

About:

• Many Serbs consider Kosovo the birthplace of their nation.
• The Kosovo-Serbia conflict stems from Kosovo’s declaration of independence from Serbia in 2008, which Serbia does not recognize.
• Tensions arise from historical, ethnic, and political factors, leading to sporadic clashes and disputes.

Serbia:

• Serbia is a small land-locked country in the Balkan region (in eastern Europe).
• It shares borders with Bosnia-Herzegovina, Bulgaria, Croatia, Hungary, North Macedonia, Montenegro, Romania and Albania.
• Rivers: Danube, Sava and Tisa etc.
• Highest Point: Daravica
• Capital City: Belgrade

Kosovo:

• Kosovo is a small landlocked region that lies to Serbia’s southwest, sharing borders with North Macedonia, Albania, and Montenegro.
• It is located between the Mediterranean Sea and mountainous regions of Southeast Europe, on the Balkan Peninsula.
• Kosovo is a region where Serbs and Albanians, representing different ethnicities and religious backgrounds, have been living for centuries.
• Kosovo has a population of 1.8 million people, with 92% Albanians, 6% Serbians, and the rest comprising Bosniaks, Gorans, Turks, and Roma.
• Serbs are primarily Eastern Orthodox Christians, while Albanians in Kosovo are predominantly Muslim. Other minority groups include Bosnians and Turks. Serbs form the majority in Serbia, while Albanians are the majority in Kosovo.

https://www.thehindu.com/news/international/explained-why-is-there-trouble-in-kosovo-again/article66939379.ece

Why in news? A huge Soviet-era dam (Kakhovka Dam) on the Dnipro River that separates Russian and Ukrainian forces in southern Ukraine was breached recently, unleashing floodwaters across the war zone.

About:

• The Kakhovka Dam was built in 1956 as part of the Soviet Union’s ambitious project to harness the Dnipro River for irrigation, power generation and navigation.
• The dam was 30 meters tall and 3.2 kilometers long, held 18 cubic kilometers of water.
• The dam also supplied water to the Crimean Peninsula, which Russia annexed in 2014, and to the Zaporizhzhia Nuclear Power Plant, which is under Russian control.
  • Crimea is a peninsula in Eastern Europe, on the northern coast of the Black Sea, almost entirely surrounded by the Black Sea and the smaller Sea of Azov.

https://indianexpress.com/article/explained/explained-global/kakhovka-dam-ukraine-russia-war-8648412/

Why in news? Recently, Varunastra was successfully test-fired with a live warhead against an undersea target, by the Indian Navy.

About:

• It is indigenously designed and developed ship-launched anti-submarine torpedo.
• It was designed and developed by Vizag-based Naval Science and Technological Laboratory (NSTL) under the DRDO.
• It is manufactured by Bharat Dynamics Ltd (BDL) With a maximum speed of 40 knots and a maximum operating depth of 600 m, has a long range with multi-manoeuvering capabilities.
• It features advanced capabilities such as low drift navigational systems, acoustic homing, and autonomous guidance algorithms.

Torpedo:

• A torpedo is a self-propelled underwater weapon designed to target and destroy enemy vessels or submarines.
• It is typically cylindrical in shape and equipped with explosives, propulsion systems, and guidance mechanisms.

https://www.financialexpress.com/business/defence-varunastra-torpedo-to-enhance-indian-navys-anti-submarine-warfare-capabilities-know-all-about-its-powerful-features-here-3117020/