Daily Prelims Notes 14 September 2023
- September 14, 2023
- Posted by: OptimizeIAS Team
- Category: DPN
Daily Prelims Notes
14 September 2023
Table Of Contents
- Two deaths reported in Kerala due to the Nipah Virus, health minister Mandaviya confirms
- Six of 9 planetary boundaries have been breached because of human activities: Study
- New CFR guidelines: Experts say regulations can undo India’s progress on forest governance
- ‘Planet wreckers’: 20 countries led by US to emit 90% carbon dioxide through 2050
- Light pollution disrupts marine organisms’ hormonal cycles, reproduction: Study
- The deadliest and strongest earthquakes in recorded history
- Transfer of personal data under the UN treaty will be under domestic laws: India
- For sickle cell patients, an elusive disability certificate
- Ian Wilmut, a British scientist who led the team that cloned Dolly the Sheep, dies at age 79
- ETFs, units of scheme to get tax exemption at IFSC
- UN convention to promote legal certainty in judicial sale of ships signed
- Phase III of E Courts in India
1. Two deaths reported in Kerala due to the Nipah Virus, health minister Mandaviya confirms
Subject: Science and technology
Section: Health
- Nipah virus infection in humans causes a range of clinical presentations, from asymptomatic infection (subclinical) to acute respiratory infection and fatal encephalitis.
- The case fatality rate is estimated at 40% to 75%. This rate can vary by outbreak depending on local capabilities for epidemiological surveillance and clinical management.
- Nipah virus can be transmitted to humans from animals (such as bats or pigs), or contaminated foods and can also be transmitted directly from human-to-human.
- Fruit bats of the Pteropodidae family are the natural host of Nipah virus.
- There is no treatment or vaccine available for either people or animals. The primary treatment for humans is supportive care.
- The 2018 annual review of the WHO R&D Blueprint list of priority diseases indicates that there is an urgent need for accelerated research and development for the Nipah virus.
Transmission of Nipah Virus
The Nipah virus can spread to people from:
- Direct contact with infected animals, such as bats or pigs, or their body fluids (such as blood, urine or saliva);
- Consuming food products that have been contaminated by body fluids of infected animals (such as palm sap or fruit contaminated by an infected bat); and
- Close contact with a person infected with NiV or their body fluids (including nasal or respiratory droplets, urine, or blood)
Diagnosis of Nipah Virus
- The laboratory testing can be conducted using real time polymerase chain reaction (RT-PCR) from throat and nasal swabs, cerebrospinal fluid, urine, and blood.
- The testing for antibodies is conducted using an enzyme-linked immunosorbent assay (ELISA).
What are Zoonotic Diseases?
- Zoonosis refers to the transmission of diseases between animals and humans.
- Such diseases are termed Zoonotic Diseases.
- Zoonotic diseases range from mild to severe, while in extreme cases can even be fatal.
- Zoonoses may be bacterial, viral, or parasitic, or may even involve unconventional agents for the transmission of the disease.
- WHO in 1959 defined Zoonoses as “those diseases and infections which are naturally transmitted between vertebrate animals and man.”
- World Zoonoses Day is observed every year on July 6 to create awareness on zoonotic diseases, how to prevent them, and what actions to take when exposed.
- COVID -19 is an example of a zoonotic disease which broke out in China’s Wuhan district in December 2019.
2. Six of 9 planetary boundaries have been breached because of human activities: Study
Subject :Environment
Section: Climate Change
Context:
- The world has breached six of the nine planetary boundaries necessary to maintain Earth’s stability and resilience, according to a new study.
Study findings:
- The findings are an update to the planetary boundaries framework, which was first launched in 2009, to define the environmental limits within which humanity can safely operate.
- The six boundaries include climate change, biosphere integrity (genetic diversity and energy available to ecosystems), land system change, freshwater change (changes across the entire water cycle over land), biogeochemical flows (nutrient cycles), and novel entities (microplastics, endocrine disruptors, and organic pollutants).
Research methodology and analysis:
- The planetary boundary for atmospheric carbon dioxide concentration and radiative forcing (represents the size of the energy imbalance in the atmosphere) should be at 350 parts per million (ppm) and 1 Watts per square meter (Wm−2), respectively. Currently, this has reached 417 ppm and is 2.91 W m−2.
- The global area of forested land has reduced from 75% to 60%.
- Normal rate of extinction should be less than 10 extinctions per million species-years, but it is greater than 100 extinctions per million species-years.
- Over 10 percent of the genetic diversity of plants and animals may have been wiped out over the last 150 years.
- Human impacts on blue and green water were calculated to be 18.2 per cent and 15.8 per cent, respectively, which is higher than the boundary of 10.2 per cent and 11.1 per cent, respectively.
- Flow of nutrients such as nitrogen and phosphorus:
- Changing nutrient availability has huge consequences for biodiversity and water quality.
- In addition, reactive nitrogen [includes oxides of nitrogen (NOx), ammonia (NH3), and nitrous oxide (N2O)] can lead to the production of potent greenhouse gasses that worsen climate change.
- Stratospheric ozone depletion, aerosol loading and ocean acidification were found to be within the planetary boundary.
- Aerosols are minute particles from combustion processes, biomass burning, and plant/microbial materials suspended in the air. They also trap hear and increases the global temperature.
Net primary production (NPP) of an ecosystem:
- This is estimated by the gross productivity minus energy lost in respiration. It the net energy stored in the plants. This energy serves as food for the animals that feed on plants. It is measured as the amount of organic matter produced in a community in a given time.
- It is equal to the difference between the amount of carbon produced through photosynthesis and the amount of energy that is used for respiration.
3. New CFR guidelines: Experts say regulations can undo India’s progress on forest governance
Subject :Environment
Section: Environment laws
Context:
- The new guidelines issued by the Union Ministry of Tribal Affairs (MoTA) for conservation, management and sustainable use of community forest resources (CFR) on September 12, 2023, disempower Gram Sabhas (village assemblies) and shift control to the government.
Details:
- MoTA issued fresh guidelines to “improve coordination” at the field level and ensure implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 or Forest Rights Act (FRA), 2006 in short.
- The MC Saxena committee was set up in 2019 for preparation of CFR guidelines, but its recommendations were never accepted.
Key feature of the new guidelines:
- Formation of the District Level Committee (DLC) which entrusts Gram Sabhas or the community about who has rights over forest resources.
- Earlier multiple functionaries, authorities and departments were involved in entrusting these rights under Section 3(1)(i) and Section 5 of FRA.
- Section 5 underlines duties by empowering the holders of forest rights, Gram Sabhas and village level institutions for protection of wildlife, forests and biodiversity and ensuring that all neighboring catchment areas, water sources and ecologically sensitive areas are well protected.
- It also specifies that the habitat of tribals and other traditional forest dwellers should be protected from any destruction that would harm their culture and natural heritage.
- The section guarantees that decisions are taken by the Gram Sabha to regulate access to CFR and prevent any activity that would cause harm to wildlife, forests and biodiversity.
What is a Community Forest Resource?
- The Community Forest Resource (CFR) area is common forest land that has been traditionally protected and conserved for sustainable use by a particular community.
- The community uses it to access resources available within the traditional and customary boundary of the village, and for seasonal use of landscape in the case of pastoralist communities.
- Each CFR area has a customary boundary with identifiable landmarks recognised by the community and its neighbouring villages.
- It may include forest of any category – revenue forest, classified & unclassified forest, deemed forest, DLC (District Level Committee) land, reserve forest, protected forest, sanctuary and national parks etc.
What are Community Forest Resource Rights?
- The Community Forest Resource rights under Section 3(1)(i) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (commonly referred to as the Forest Rights Act) provides for recognition of the right to “protect, regenerate or conserve or manage” the community forest resource.
- These rights allow the community to formulate rules for forest use by itself and others and thereby discharge its responsibilities under Section 5 of the FRA.
- CFR rights, along with Community Rights (CRs) under Sections 3(1)(b) and 3(1)(c), which include rights over non-timber forest products, ensure sustainable livelihoods of the community.
- Once CFRR is recognised for a community, the ownership of the forest passes into the hands of the Gram Sabha instead of the forest department.
- Effectively, the Gram Sabha becomes the nodal body for management of the forests.
- These rights give authority to the Gram Sabha to adopt local traditional practices of forest conservation and management within the community forest resource boundary.
- In 2016, the Odisha government was the first to recognise Community Forest Resources (CFRs) inside the Simlipal National Park.
4. ‘Planet wreckers’: 20 countries led by US to emit 90% carbon dioxide through 2050
Subject :Environment
Section: Climate Change
Context:
- Just 20 countries in the world, led by the United States, would be responsible for nearly 90 per cent of the carbon dioxide emissions through 2050, found a new analysis by research organization Oil Change International.
Details:
- The reason for such a massive share is the new oil and gas extraction and fracking wells planned by these countries between 2023 and 2050.
- Five countries in the global north — the United States, Canada, Australia, Norway and the United Kingdom — would contribute the majority(51%) of emissions through 2050.
- Top20 countries include: Russia, China, Iran, Brazil, UAE, Iraq, Turkmenistan, Saudi Arabia, Guyana, Qatar, Argentina, Mexico, Nigeria, India and Kazakhstan.
- If these 20 countries heed the call from United Nations (UN) Secretary-General Antonio Guterres to end new licensing and new extraction, they could help prevent 173 Gt of further CO2 pollution.
- The USA alone accounted for more than a third of planned global oil and gas expansion through 2050.
- Nearly 60 percent of the fossil fuels in existing fields and mines must stay in the ground to keep global temperature rise to 1.5°C.
What do the other reports say?
- Another report by Climate Action Tracker released at the Bonn Climate Change Conference in June 2023 noted that the world’s largest fossil fuel-producing countries have neither committed to end oil and gas production nor set a global target for renewable energy.
- the first global stocktake technical synthesis report released by the United Nations Framework Convention on Climate Change warned that the world is “not on track” to meet the long-term goal of limiting global temperatures to 2 degrees Celsius.
UN Climate summit:
- Held in: New York, USA on 20 Sept 2023.
- Goal: The summit would accelerate action by governments, businesses, finance, local authorities and civil society.
Oil Change International:
- Oil Change International is a research, communication, and advocacy organization focused on exposing the true costs of fossil fuels and facilitating the coming transition towards clean energy.
- Oil Change International contributes to the greater movement in a number of important ways:
- Oil Change brings unique industry expertise that allows us to research and release timely, hard-hitting, campaign-relevant investigations countering corporate arguments for oil, gas and coal development;
- Oil Change engages in domestic and international policy forums to push a shift of public finances away from fossil fuels and towards clean energy;
- Oil Change provides experience and leadership in organizing resistance to the political influence of the fossil fuel industry, particularly in the United States.
5. Light pollution disrupts marine organisms’ hormonal cycles, reproduction: Study
Subject :Environment
Section: Pollution
Context:
- A recent study by Cornell University, United States, argued that we should broaden our outlook to consider light pollution’s influence on coastal marine ecosystems, affecting everything from whales to fish, corals and plankton.
Details:
- Marine organisms that evolved over millions of years to adapt to natural light now face an ever-increasing flood of light from anthropogenic sources along the coasts.
- Artificial light can easily wash out the glow of moonlight and starlight, which are important cues for marine organisms.
- This disrupts their hormonal cycles, inter-species behaviour and reproduction.
Impact of artificial light on turtles:
- Compared to prior technologies, LEDs often emit more short-wavelength light and can pierce deep into the water.
- Artificial light at night is harmful to sea turtles in two ways.
- Females trying to find a quiet, dark spot to lay their eggs avoid light and may end up not coming ashore at all.
- The hatchlings head toward inland lights instead of moonlight on the water and then die of dehydration or starvation.
Light Pollution:
- Light pollution can be defined as the introduction by humans, directly or indirectly, of artificial light into the environment.
- Avoidable light pollution refers to light flow emitted at night by artificial light sources which are inappropriate in intensity, direction and/or spectral range, unnecessary to carry out the function they are intended for, or when artificial lighting is used in particular sites, such as observatories, natural areas or sensitive landscapes.
Types of Light pollution:
- Light trespass: When unwanted light enters one’s property, for instance, by shining over a neighbor’s fence.
- Over-illumination: It is the excessive use of light.
- Glare: Glare is often the result of excessive contrast between bright and dark areas in the field of view.
- Blind glare: describes effects such as that caused by staring into the Sun. It is completely blinding and leaves temporary or permanent vision deficiencies.
- Disability glare: describes effects such as being blinded by an oncoming cars lights, or light scattering in fog or in the eye reduces contrast, as well as reflections from print and other dark areas that render them bright, with significant reduction in sight capabilities.
- Discomfort glare: does not typically cause a dangerous situation in itself, and is annoying and irritating at best. It can potentially cause fatigue if experienced over extended periods.
- Clutter: Clutter refers to excessive groupings of lights. Groupings of lights may generate confusion, distract from obstacles (including those that they may be intended to illuminate), and potentially cause accidents. Clutter is particularly noticeable on roads where the street lights are badly designed, or where brightly lit advertising surrounds the roadways.
- Skyglow: refers to the “glow” effect that can be seen over populated areas. It is the combination of all light reflected from what it has illuminated escaping up into the sky and from all of the badly directed light in that area that also escapes into the sky, being scattered (redirected) by the atmosphere back toward the ground.
Impact of light pollution:
- Wastes Energy and Money: Lighting that emits too much light or shines when and where it’s not needed is wasteful. Wasting energy has huge economic and environmental consequences.
- Disrupting the ecosystem and wildlife: Plants and animals depend on Earth’s daily cycle of light and dark rhythm to govern life-sustaining behaviors such as reproduction, nourishment, sleep and protection from predators.
- Scientific evidence suggests that artificial light at night has negative and deadly effects on many creatures including amphibians, birds, mammals, insects and plants.
- Ex: A study has now shown how nocturnal dung beetles are forced to search for cues in their immediate surroundings when they can no longer navigate using natural light from the night sky.
- The effect of light in the form of fire or lamps attracting migratory and non-migratory birds at night, especially when foggy or cloudy, has been known since the 19th century and was and still is used as a form of hunting. The reasons for disorientation of birds through artificial night lighting are not well known. Experts suggest that the navigation of birds using the horizon as orientation for the direction is disrupted by lighting and sky glow.
- Harming human health: Like most life on Earth, humans adhere to a Circadian Rhythm — our biological clock — a sleep-wake pattern governed by the day-night cycle. Artificial light at night can disrupt that cycle.
Reduction of Light Pollution
- Reducing light pollution implies many things, such as reducing sky glow, reducing glare, reducing light trespass, and reducing clutter.
- The method for best reducing light pollution, therefore, depends on exactly what the problem is in any given instance. Possible solutions include:
- Utilizing light sources of minimum intensity necessary to accomplish the light’s purpose.
- Turning lights off using a timer or occupancy sensor or manually when not needed.
- Improving lighting fixtures, so that they direct their light more accurately towards where it is needed, and with less side effects.
- Adjusting the type of lights used, so that the light waves emitted are those that are less likely to cause severe light pollution problems.
- Evaluating existing lighting plans, and re-designing some or all of the plans depending on whether existing light is actually needed.
6. The deadliest and strongest earthquakes in recorded history
Subject :Geography
Section: Physical geography
Deadliest and strongest earthquake in the world:
- A powerful earthquake of magnitude 6.8 struck Morocco capital Marrakech recently.
- Significant earthquake events database is maintained by the National Centres for Environmental Information (NCEI) in the USA.
- The deadliest earthquake in terms of magnitude came in 1960 in Puerto Montt, Chile with a magnitude of 9.5.
- The deadliest earthquake in terms of death and damage came in Shaanxi, China in 1556, causing a death toll of 8.3 lakh.
India:
- The Bhuj earthquake (7.6 magnitude) was the deadliest earthquake in India with a death toll of more than 20000 people.
- In terms of magnitude, the strongest earthquake in India came in Andaman and Nicobar Islands in 1941 and 1897 Assam earthquake. Both were of magnitude 8.
Other major earthquakes in India:
- Cutch Earthquake (1819) which was 8 magnitude
- Assam Earthquake (1897) of magnitude 8.
- Bihar-Nepal Earthquake (1934) of 8 magnitude
- Koyna Earthquake (1967) of 6.5 magnitude
- Uttarkashi (1991) of 6.6 magnitude
- Killari (1993) of 6.4 magnitude
- Bhuj (2001) of 7.7 magnitude
- Jammu Kashmir (2005)
Seismic waves:
- Seismic waves are the vibrations from earthquakes that travel through the Earth and are recorded on instruments called seismographs.
- Seismographs record a zigzag trace that shows the varying amplitude of ground oscillations beneath the instrument.
Measurement of earthquake:
- Two scales are used widely to measure the earthquake:
- The Mercalli scale bases its measurement on the observed effects of the earthquake and describes its intensity. It is a linear measurement. It measures the intensity of earthquake on a scale of 1-12.
- The Richter scale measures the seismic waves, or the energy released, causing the earthquake and describes the quake’s magnitude. It is logarithmic. It measures earthquake magnitude in a scale of 0-10.
For details of Earthquake: https://optimizeias.com/earthquake/
7. Transfer of personal data under the UN treaty will be under domestic laws: India
Subject :IR
Section: International Organisation
India’s Data Transfer Stance in U.N. Cyber Crime Convention
- India insists on personal data transfers aligning with its domestic laws during U.N. treaty negotiations.
- Emphasizes national sovereignty and integrity over international laws.
- Expected ratification of the convention at the U.N. General Assembly in 2024.
The Digital Personal Data Protection Act
- Enacted in August, it regulates personal data processing in India.
- Requires firms to disclose data processors’ identities.
- Exempts data sharing for lawful interception, prioritizing national security.
Proposed Changes and Data Transfer Conditions
- India proposed removing a clause encouraging data transfer arrangements in treaty negotiations.
- Agreement reached on transferring personal data with prior written authorization and safeguards.
- Each state party must designate a 24/7 point of contact for aiding investigations and legal proceedings under the convention.
UN Cybercrime Treaty:
- Since May 2021, UN member states have been negotiating an international treaty on countering cybercrime.
- If adopted by the UN General Assembly, it would be the first binding UN instrument on a cyber issue.
- The treaty aims to provide a global legal framework for international cooperation in preventing, investigating, and prosecuting cybercrime.
Cybercrime Categories:
- Cybercrime is categorized into two types:
- cyber-dependent crimes
- cyber-enabled crimes.
- Cyber-dependent crimes can only be committed using Information and Communication Technologies (ICTs). For example, ransomware attacks.
- Cyber-enabled crimes are traditional crimes transformed by digital technologies, such as online banking scams and identity theft.
Treaty Process:
- In December 2019, the UN established an open-ended ad hoc committee (AHC) to develop a comprehensive international convention on countering the use of ICTs for criminal purposes.
- Negotiations began in early 2022, with six negotiating sessions planned.
- Civil society and the private sector have also played a role in shaping the convention through statements, consultations, and side events.
Main Areas of Disagreement:
- Key areas of disagreement include the scope of the treaty, human rights safeguards, capacity-building, harmonization with existing efforts, and the relevance of gender to the treaty.
- Differences in perspectives exist between countries advocating for a broad approach to criminalization and those favoring a narrower focus.
8. For sickle cell patients, an elusive disability certificate
Subject :Science and technology
Section: Health
Introduction:
- The issuance of permanent disability certificates for Sickle Cell Disease (SCD) patients aged 5 and above has faced significant delays, entangled in bureaucratic complexities for nearly three years.
Ministry Roles:
- Health Ministry:
- Responsible for defining criteria and regulations for disability certificates.
- Social Justice and Empowerment Ministry:
- Issues disability certificates, vital for accessing treatments and benefits.
- Tribal Affairs Ministry:
- Advocates for the issuance of certificates to SCD patients, predominantly found in tribal populations, who endure chronic anemia, painful episodes, and organ damage due to the disease.
The SCD Epidemic:
- SCD is a genetic blood disorder characterized by misshapen red blood cells.
- The Union government has set a goal to eliminate SCD in India by 2047.
- Current SCD patients face a predicament as they are only eligible for disability certificates with a three-year validity, despite the disease’s lifelong and progressive nature.
- Currently, the government’s primary focus on disease detection.
- A massive screening project for seven crore tribal individuals in 17 States and Union Territories is underway.
Evolution of Certificate Validity:
- Initially, SCD patients could only obtain one-year disability certificates, leading to complaints about the renewal process.
- In 2020, the Tribal Affairs Ministry engaged in discussions with the Department of Empowerment of Persons with Disabilities (DEPwD) to explore the possibility of permanent disability certificates.
- The DEPwD extended the certificate validity to three years, requiring a minimum 25% disability.
Parliamentary Committee Recommendation:
- In a recent report, the Parliamentary Standing Committee on Empowerment of Women recognized SCD as a “lifelong illness” and recommended issuing permanent disability certificates for patients aged five and above.
- As an alternative, they suggested extending the validity of temporary certificates to five years if permanent certificates prove unfeasible.
9. Ian Wilmut, a British scientist who led the team that cloned Dolly the Sheep, dies at age 79
Subject :Science and technology
Section: Biotechnology
Context:
- Ian Wilmut, the British scientist known for cloning Dolly the Sheep, passed away at the age of 79 on September 11, 2023.
- Wilmut’s work at the University of Edinburgh’s Roslin Institute ignited global debates about the ethics of cloning.
Dolly’s Cloning Milestone
- Achieved a groundbreaking milestone by cloning a lamb, Initially designated as “6LL3“, later named Dolly, after Dolly Parton.
- Using the nucleus of an adult sheep’s cell.
- The first successful attempt at making a mature adult cell behave like a cell from a newly fertilized embryo, creating a genetically identical animal.
- It was part of a broader project aimed at engineering genetically modified sheep capable of producing therapeutic proteins in their milk.
- Unfortunately, Dolly was euthanized around six years after her birth due to an incurable lung tumor.
Scientific Impact and Recent Developments
- Dolly’s birth inspired scientists worldwide to clone various animals, including dogs, cats, horses, and bulls.
- It also led to discussions about the potential cloning of humans and extinct species.
- In recent years, scientists have explored using gene editing and cloning to potentially resurrect the woolly mammoth.
Wilmut’s Later Work
- An embryologist by training, shifted his focus to using cloning techniques to generate stem cells for regenerative medicine.
- In his later years, he dedicated his research to Parkinson’s disease after being diagnosed with the condition.
Notable cloned Animals
Name | Species | Country | Year of Cloning | Description |
Dolly | Sheep | Scotland | 1996 | First cloned mammal. |
CC (Copy Cat) | Domestic Cat | USA | 2001 | First cloned domestic cat. |
Snuppy | Dog (Afghan Hound) | South Korea | 2005 | First cloned dog. |
Prometea | Horse (Haflinger mare) | Italy | 2003 | First cloned horse. |
Taishan | Giant Panda | China | 2016 | Cloned giant panda. |
Elizabeth Ann | Black-Footed Ferret | USA | 2021 | First cloned U.S. endangered species. |
Samrupa | Buffalo | India | 2009 | India’s first cloned buffalo calf. |
Garima | Buffalo | India | 2009 | Successful cloned buffalo; lived over two years. |
Garima-2 | Buffalo | India | 2010 | Produced seven normal buffalo calves. |
Shresth | Buffalo | India | 2010 | Provided semen for genetic multiplication. |
Indian Cow (Ganga) | Cow (Gir breed) | India | 2023 | Cloned female calf from the indigenous Gir cow breed, contributing to conservation. |
10. ETFs, units of scheme to get tax exemption at IFSC
Subject: Economy
Section: Capital market
In News: Government expands the list of securities that will be eligible for tax exemption on a recognised stock exchange in an International Financial Services Centre (IFSC).
Key Points:
- In general any capital gain on transfer/sale of securities or other assets attracts capital gains tax as per the Income tax act, unless otherwise exempted.
- Under Income Tax Act, any sale of bonds or depository receipt, rupee denominated bonds of an Indian company and derivatives by a non-resident on IFSC exchanges is tax exempt if the sale is paid in foreign currency.
Changes:
- Now units of a exchange traded fund (ETF) scheme, investment trust and that of an exchange traded fund are now eligible for exemption as well.
- The new fund regime provides for funds to be set up as investment trust. The change brings units issued by such trusts under capital gains exemption.
- Similarly, ETFs listed and traded on the stock exchanges in GIFT City would now qualify for capital gains tax exemption.
Impact of the change:
- These changes would further expand the scope of incentives available for funds and stock market trading in IFSC.
- The notification widens the relaxation for units of ETFs, REITs and InvITs as several such funds are looking to get listed at IFSC.
- The move may give a boost to the setup of REITs and In- VITs as well as launch of ETFs at IFSC,
Capital gains Capital gain is the profit one earns on the sale of an asset like stocks, bonds or real estate. It results in capital gain when the selling price of an asset exceeds its purchase price. It is the difference between the selling price (higher) and cost price (lower) of the asset. Exchange-traded fund (ETF)
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11. UN convention to promote legal certainty in judicial sale of ships signed
Subject: IR
Section: International conventions
Key Points:
- In a significant development, 15 countries, including China, Saudi Arabia, Singapore and Switzerland, signed the UN Convention on the International Effects of Judicial Sales of Ships.
Why this agreement is important?
- Maritime transport plays a leading role in international trade, and it is estimated that more than 90 per cent of global traded goods are transported by sea. This makes the ship a vital asset.
- However, matters related to international shipping are often afflicted with legal difficulties arising from lack of international harmonisation.
- Due to lack of harmonisation judicial sales are often stuck in legal issues, due to this judicial sales of the ships don’t receive proper valuation.
What is the agreement?
- It aims to promote legal certainty and predictability at the international level by creating a uniform regime for the international effects of ‘judicial’ sales of ships.
- The Beijing Conventionon the Judicial Sale of Ships, as it is now known, was developed by the United Nations Commission on International Trade Law (UNCITRAL) to address the problem of bona fide new owners, find themselves dealing with previous creditors laying claim to the ship as security for a loan.
- The convention establishes a harmonised regime for giving international effect to judicial sales.
- By ensuring legal certainty to the title that the purchaser acquires in the ship as it navigates internationally, the convention is designed to maximise the price that the ship is able to attract in the market and the proceeds available for distribution among creditors, and to promote international trade.
- The International Maritime Organisation (IMO) said it was supporting the establishment of the convention by acting as the repository for these notices and certificates of judicial sale.
- Information on pending and completed judicial sales of ships will be accessible online via a dedicated module on IMO’s Global Integrated Shipping Information System (GISIS) platform.
- With the Convention on the International Effects of Judicial Sales of Ships having now been adopted, the IMO is encouraging member states to ratify the agreement.
Judicial Sale It is a forced sale of property authorized or required by a court of law in order to satisfy a debt etc. UNCITRAL The United Nations Commission on International Trade Law (UNCITRAL) (established in 1966) is a subsidiary body of the General Assembly of the United Nations with the general mandate to further the progressive harmonization and unification of the law of international trade. International Maritime Organisation (IMO)
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12. Phase III of E Courts in India
Subject: Schemes
Section: Governance
The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has approved the eCourts Project Phase III as a Central Sector Scheme spanning four years (2023 onwards) with financial outlay of Rs.7210 crore.
E-Courts Project:
- The e-Courts project was conceptualized on the basis of the “National Policy and Action Plan for Implementation of Information and Communication Technology (ICT) in the Indian Judiciary – 2005”submitted by e-Committee, Supreme Court of India with a vision to transform the Indian Judiciary by ICT enablement of Courts.
- The e-Courts Mission Mode Project, is a Pan-India Project, monitored and funded by the Department of Justice, Ministry of Law and Justice, Government of India for the District Courts across the country.
- eCourts Mission Mode Project is the prime mover for improving access to justice using technology. As part of the National eGovernance Plan, the e-Courts Project is under implementation since 2007 for ICT enablement of the Indian Judiciary the Phase II of which has concluded in 2023. Phase III of the e-Courts Project in India is rooted in philosophy of “access and inclusion”.
- Taking the gains of Phase-I and Phase-II to the next level, the e-Courts Phase-III aims to usher in a regime of maximum ease of justice by moving towards digital, online and paperless courts through digitization of the entire court records including legacy records and by bringing in universalization of e-Filing/ e-Payments through saturation of all court complexes with e-Sewa Kendras. It will put in place intelligent smart systems enabling data-based decision making for judges and registries while scheduling or prioritizing cases. The main objective of the Phase-III is to create a unified technology platform for the judiciary, which will provide a seamless and paperless interface between the courts, the litigants and other stakeholders.
- The Centrally Sponsored Scheme of eCourts Phase III is being implemented under the joint partnership of Department of Justice, Ministry of Law & Justice, Government of India and eCommittee, Supreme Court of India, in a decentralized manner through the respective High Courts to develop a judicial system that would promote ease of justice by making the system more accessible, affordable, reliable, predictable, and transparent for all stakeholders.
The following are the functions of e-Courts Project:
- To provide efficient & time-bound citizen-centric services delivery as detailed in e-Court Project Litigant’s Charter.
- To develop, install & implement decision support systems in courts.
- To automate the processes to provide transparency in the accessibility of information to its stakeholders.
- To enhance judicial productivity, both qualitatively & quantitatively, to make the justice delivery system affordable, accessible, cost-effective, predictable, reliable and transparent.