Daily Prelims Notes 27 September 2023
- September 27, 2023
- Posted by: OptimizeIAS Team
- Category: DPN
Daily Prelims Notes
27 September 2023
Table Of Contents
- FAO report outlines sustainable ways to deal with livestock methane emissions
- India is running out of phosphorus. Does the solution lie in our sewage?
- Centre asks States to promote heat tolerant wheat seeds in the rabi season
- Indians continue to eat more salt than WHO recommendation
- Balsams in full bloom add to visual treat in Munnar
- Assessment of space situation done to ensure safety of AdityaL1
- Tackling the various myths within the field of microbiome research
- What is geospatial intelligence? A geographer explains the powerful melding of maps and data
- 70 Collegium proposals pending, Supreme Court says will monitor
- Law Panel ready reports on simultaneous poll
- Copyright infringement and when does it apply
- MHA extend disturb area status in Arunachal and Nagaland by 6 months
- Chinese research ship to visit Sri Lanka
- Prachand say No to Chinese Security doctrine
- When citizens take ownership of urban commons
- Ukraine offensive
1. FAO report outlines sustainable ways to deal with livestock methane emissions
Subject: Environment
Section: Climate change
Context: According to a new report by the Food and Agriculture Organization (FAO) of the United Nations about 32 per cent of global anthropogenic methane emissions result from microbial processes that occur during the enteric fermentation of ruminant livestock and manure management systems, while another 8 per cent comes from rice paddies. To tackle this, the Food and Agriculture Organization (FAO) of the United Nations suggested four strategies (discussed later) for better management of livestock.
The report, put together by a multidisciplinary team composed of 54 international scientists and experts of the Livestock Environmental Assessment and Performance Partnership, was released during FAO’s first ever ‘Global Conference on Sustainable Livestock Transformation’ from September 25-27, 2023.
Concept
- Methane is a short-lived greenhouse gas (GHG), which has an atmospheric lifetime of around a decade, as against the dominant GHG carbon dioxide, which affects the climate for hundreds of years. However, methane is more than 25 times as potent as carbon dioxide at trapping heat in the atmosphere.
- The Sixth Assessment Report of the Intergovernmental Panel on Climate Change had found that methane emissions from all anthropogenic activities currently contribute about 0.5 degrees Celsius to observed global warming, making their reduction an important pathway to achieve the Paris Agreement.
- Besides agrifood systems, other human activities that generate methane emissions include landfills, oil and natural gas systems, coal mines and more.
- Among ruminants, the highest daily emitters on a per animal basis are cattle, followed by sheep, goats and buffalo.
- Meat and milk from ruminant livestock provide an important source of protein and other nutrients for human consumption. By 2050, the global demand for animal products is projected to increase by 60-70 per cent, with developing countries accounting for the majority of this increase.
- The study noted four broad strategies in mitigating methane emissions: i) Animal breeding and management; ii) Feed management, diet formulation and precision feeding; iii) Forages and iv) Rumen manipulation.
- Improving feed efficiency increases animal productivity per unit of feed and may increase farm profitability depending on the cost of feed with respect to the revenues from meat and milk.
- It highlighted the importance of studies quantifying the effects of improved nutrition, health, reproduction and genetics to increase animal production and decrease methane emission intensity on a regional basis so that these measures are relevant and can be implemented.
2. India is running out of phosphorus. Does the solution lie in our sewage?
Subject :Geography
Section: Economic geography
Phosphorus fertilizer:
- Phosphorus is scarce fertilizer and exists only in limited quantities, in certain geological formations.
- Rock phosphate is the raw material used to manufacture most commercial phosphate fertilizers on the market.
- It also pollutes the environment. It doesn’t exist as a gas and can only move from land to water, where it leads to algal blooms and eutrophication. Due to the algal bloom water bodies become oxygen-starved, leading to fish deaths. The algal blooms are also toxic, causing respiratory issues, nausea, and other ailments to people exposed to them.
Geopolitics and the phosphorus game:
- Phosphorus as a fertilizer recognised by Guano (bird) droppings.
- The world’s largest reserves of phosphorus are in Morocco and the Western Sahara region. But here phosphorus coexists with cadmium, a heavy metal that can accumulate in animal and human kidneys when ingested. Removing cadmium is also an expensive process.
- Countries with phosphorus reserves: Morocco, Egypt, Tunisia, Algeria and China.
- Only six countries have substantial cadmium-free phosphorous reserves. Of them, China restricted exports in 2020 and many EU countries no longer buy from Russia.
Cadmium absorption by crops:
- Crops absorb cadmium at different rates. But paddy crops are more susceptible to absorbing the cadmium from phosphorus fertilizer.
- Other grains, such as wheat, barley, and maize also absorb cadmium.
- The cadmium-laden fertilizers (as removing cadmium from phosphorus will make it expensive) when applied to the soil leads to bioaccumulation in our bodies. This accelerates heart disease.
- The uptake of cadmium by crops varies based on soil quality, climatic conditions, and the type and variety of crops grown.
- In 2018, the EU passed new legislation to regulate cadmium levels in fertilizers.
Indian scenario:
- India is the world’s largest importer of phosphorus followed by Germany, most of it from the cadmium-laden deposits of West Africa.
- India imported over 87.7 thousand metric tons of the element, with a value of nearly 161.34 million U.S. dollars.
- Vietnam is the largest exporter of phosphorus in the world.
- Di ammonium Phosphate (DAP):
- DAP is used as a fertilizer. When applied as plant food, it temporarily increases the soil pH, but over a long term the treated ground becomes more acidic than before, upon nitrification of the ammonium.
- It is incompatible with alkaline chemicals because its ammonium ion is more likely to convert to ammonia in a high-pH environment.
- DAP can be used as a fire retardant.
- Nano-DAP (Di-ammonium Phosphate) is an agri-input developed by the Indian Farmers Fertilizer Cooperative Limited (IFFCO).
- Composition: It comprises 8% nitrogen and 16% phosphorus, whereas the conventional granular bag contains 18% nitrogen and 46% phosphorus.
The phosphorus disposal problem:
- Only about a fifth of the phosphorus mined is actually consumed through food. Much of it is lost directly to water bodies as agricultural run-off, due to the excessive application of fertilizers.
- Most of the phosphorus that people consume ends up in the sewage along with nitrates. Most sewage in India is still not treated or treated only up to the secondary level.
- Nitrates can be digested by denitrifying bacteria and released safely as nitrogen gas into the atmosphere, while phosphorus remains trapped in the sediments and water column.
Finding phosphorus elsewhere:
- One solution is to reduce the use of chemical fertilizers through precision agriculture.
- Low-input agro-ecological approaches
- Mining urban sewage to produce high quality phosphorus.
- Almost two thirds of the phosphorus we consume leaves in our urine and the rest in faeces. Source-separating toilets can be a viable solution to produce phosphorus and other fertilizers like nitrogen and potassium.
- Recycling the nutrient-rich wastewater and sludge.
- Sludge-mining from STPs to recover nutrients.
Problems in producing phosphorus from sewages and waste waters:
- Incentives provided to farmers on fertilizers leads to their excessive usages.
- sewage is perceived to be an undignified activity.
Creating a circular water economy:
- Setting up STPs with phosphorus mining plants.
- Innovators need to lower the costs of sewage mining to be financially viable in India; regulators need to allow the use of urban-mined phosphorus in agriculture; and STPs need to be paid not based on discharge standards but on nutrient recovery.
3. Centre asks States to promote heat tolerant wheat seeds in the rabi season
Subject :Geography
Section: Economic geography
Context:
- The Centre has asked States to promote heat resilient and high yielding varieties of wheat among farmers in the background of 5% drop in monsoon this year.
Details:
- National Conference on Agriculture for Rabi Campaign 2023-24:
- Organized by: Department of Agriculture and Farmers Welfare
- Aim: Agro-ecological suitable and need based Crop Diversification to be promoted in the country.
- The conference was to review crop performance during the preceding crop seasons and fix crop-wise targets for the rabi season in consultation with State governments, and prepare a roadmap to ensure supply of critical inputs and facilitate adoption of innovative technologies to enhance production.
- Centre is targeting an increase in the coverage of area under heat-tolerant wheat varieties to 60% this season.
- Severe deficit in the reservoirs due to interrupted monsoon in Bihar, Andhra Pradesh, Tamil Nadu, Uttar Pradesh, West Bengal, Kerala, and Karnataka compared with the 10-year average.
- As per the third advance estimates (2022-23), the production of food grains in the country is estimated at 3,305 lakh tonnes, which is higher by 149 lakh tonnes than the previous season.
- Record production is estimated of rice, maize, gram, pulses, rapeseed, and mustard, oilseeds, and sugarcane. Total pulses and oilseeds production during 2022-23 is estimated at a record 275 and 410 lakh tonnes, respectively.
- The food grain production in the country had increased by 31% in the last eight years from 251.54 to 330.54 million tonnes.
- The Mustard Mission implemented for the last 3 years enhanced rapeseed & mustard production by 37% from 91.2 to 124.94 lakh tonnes.
Seed rolling plan:
- Preparation of Seed Rolling Plan is basically an exercise by which the states assess the seed requirement in different crops grown in and its suitable varieties (for Kharif and Rabi seasons) as per prescribed seed rate, the area under crop/variety, its seed replacement rate three years in advance.
- The second exercise is to identify different seed production agencies to which targets will be assigned in the preceding year to meet the seed requirement.
- The Seed Rolling Plan for FY 2023-24 is a statement of seed requirement for sowing of Kharif-2024 and Rabi 2024-25 crops and a statement of agency-wise seed production targets assigned in Kharif-2023 and Rabi 2023-24 to meet the seed requirement.
Source: TH
4. Indians continue to eat more salt than WHO recommendation
Subject :Science and tech
Section: Health
Context:
- The estimated mean daily salt intake in India stands at 8.0 g (8.9 g/day for men and 7.1 g/day for women) against the World Health Organisation (WHO) recommendation of up to 5 g daily.
Details:
- Survey done by ICMR.
- The study is based on a sample survey carried out as part of National NCD Monitoring Survey (NNMS) in India.
- Key findings:
- The salt intake was significantly higher in men, those in rural areas and overweight and obese respondents.
- The perception of the harmful effects of high salt intake and practices to limit intake was low in the study population.
- Salt intake was higher in employed people (8.6 gm) and current tobacco users (8.3 gm) and those with high blood pressure (8.5 gm).
- Recommendation:
- Reducing the intake is a beneficial and cost-saving way to reduce elevated blood pressure by 25% and advocates a 30% reduction in mean population salt intake by 2025.
Cardiovascular disease:
- Cardiovascular diseases account for an estimated 28.1 % of total deaths in India.
- In 2016, 1.63 million deaths were attributable to hypertension compared to 0.78 million deaths in 1990.
- Cardiovascular diseases (CVDs) are a group of disorders of the heart and blood vessels. They include:
- coronary heart disease – a disease of the blood vessels supplying the heart muscle;
- cerebrovascular disease – a disease of the blood vessels supplying the brain;
- peripheral arterial disease – a disease of blood vessels supplying the arms and legs;
- rheumatic heart disease – damage to the heart muscle and heart valves from rheumatic fever, caused by streptococcal bacteria;
- congenital heart disease – birth defects that affect the normal development and functioning of the heart caused by malformations of the heart structure from birth; and
- deep vein thrombosis and pulmonary embolism – blood clots in the leg veins, which can dislodge and move to the heart and lungs.
Source: TH
5. Balsams in full bloom add to visual treat in Munnar
Subject :Geography
Section: Places in news
Context:
- Balsams (genus Impatiens) are in full bloom in Munnar. Called Kasithumba and Onappovu locally, its small, pink flowers are a major attraction along the Devikulam stretch of the Kochi-Dhanushkodi National Highway.
Balsams:
- Balsams are also known as ‘touch-me-not’ because of the bursting of mature seeds and seed distribution.
- Of the 220 balsam species in India, 135 are found in the southern Western Ghats.
- More than 30 species of balsams in the Periyar Tiger Reserve.
- 46 balsam species spread from Munnar, Chinnar, Bison Valley and Eravikulam National Park.
- Anamudi, the highest mountain in the Western Ghats, and the surrounding high ranges are known for the diversity of wild balsams.
Humid habitats:
- The normal life cycle of balsams is from June to December.
- The plant mainly grows inside pockets of forest areas.
- With the loss of specific habitats, many species have become rare, threatened, or even extinct.
- This fleshy orophytic herb usually prefers humid habitats and completes the life cycle in the rainy season.
- Balsams are a major indicator species of climate change.
- The large-scale flowering of balsams indicates that microclimate is still active in the Munnar hill station.
Source: TH
6. Assessment of space situation done to ensure safety of AdityaL1
Subject :Science and Technology
Section: Space technology
Context:
- While the Indian Space Research Organisation’s (ISRO) Aditya-L1 spacecraft is on its way towards the Sun-Earth Lagrange’s Point 1 (L1), the space agency has done an assessment of the space situation around L1 to ensure safety of the spacecraft.
Space situation Assessment (SSA):
- SSA deals with the comprehensive knowledge of the space environment, assessment of any threats to space activities and the implementation of necessary mitigation measures to safeguard the space assets. SSA plays a crucial role in ensuring safe and sustainable space activities complying with domestic and international guidelines, standards and other norms.
Aditya L1 mission:
- Aditya-L1 is India’s first mission dedicated to studying the Sun. The spacecraft commenced its journey L1, on September 18 and is expected to reach L1 by January 2024.
- Aditya-L1 will operate in a halo orbit around the Sun-Earth L1 point, located approximately 1.5 million kilometers from Earth.
- Halo orbits are periodic, three-dimensional orbits around a Lagrange Point (L1, L2 or L3) and involve an out-of-plane motion component relative to the primary bodies. The orbit is large enough in size to be continuously viewed from Earth and would appear to form a halo around the Lagrange Points (here L1 for Aditya L1).
- There are currently four operational spacecraft at L1- WIND, Solar and Heliospheric Observatory (SOHO), Advanced Composition Explorer (ACE) and Deep Space Climate Observatory (DSCOVER).
- These spacecraft at L1 provide vital early warnings on adverse space weather events that help protect orbiting space assets and ground-based infrastructure.
Science Objectives of Aditya L1 mission:
- Study of Solar upper atmospheric (chromosphere and corona) dynamics.
- Study of chromospheric and coronal heating, physics of the partially ionized plasma, initiation of the coronal mass ejections, and flares
- Observe the in-situ particle and plasma environment providing data for the study of particle dynamics from the Sun.
- Physics of solar corona and its heating mechanism.
- Diagnostics of the coronal and coronal loops plasma: Temperature, velocity and density.
- Development, dynamics and origin of CMEs.
- Identify the sequence of processes that occur at multiple layers (chromosphere, base and extended corona) which eventually leads to solar eruptive events.
- Magnetic field topology and magnetic field measurements in the solar corona .
- Drivers for space weather (origin, composition and dynamics of solar wind .
7. Tackling the various myths within the field of microbiome research
Subject :Science and Technology
Section: Biotechnology
Context:
- According to an assessment published in Nature Microbiology, it is a myth that the microbes in our bodies outnumber our own cells 10 to one.
Details of the assessment study:
- Done by researchers from Israel and Canada.
- A 70 kg “reference man” to have 38 trillion bacterial cells and 30 trillion human cells.
The following are some claims that the assessment checked:
- Scientists had described and speculated on the benefits of bacteria inhabiting the gut, such as Escerichia coli and Bifidobacteria, as early as the late 19th and early 20th centuries itself.
- Joshua Lederberg, a Nobel laureate in medicine, was credited with the naming of the field in 2001. According to a June 2017 paper, Whipps J.M., Lewis K., and Cooke R.C. had used the term in 1988 to describe a community of microbes.
- The absolute microbial cells in one gram of human faeces have been exaggerated 10-to-100 fold. According to the authors, the actual number is around 10^10 to 10^12.
- It weighed about 200 grams.
- Mothers don’t pass their microbiomes to their children at birth. Some microorganisms are directly transferred during birth but they constitute a small fraction of the human microbiota.
- A microbe and its metabolite can be ‘good’ or ‘bad’. Diseases have been correlated with changes in the composition of the microbiome.
- While different bacteria in the human microbiome perform some common important functions, many functions are the preserve of a few species.
- Sequencing of microbes is biased from collecting samples to storing them, even in the choice of software to analyse sequence data.
What are microbiomes?
- The microbiome is the community of microorganisms (such as fungi, bacteria and viruses) that exists in a particular environment. In humans, the term is often used to describe the microorganisms that live in or on a particular part of the body, such as the skin or gastrointestinal tract.
Source: TH
8. What is geospatial intelligence? A geographer explains the powerful melding of maps and data
Subject: Science and Technology
Section: Space technology
Context:
- Geospatial intelligence has offered valuable insights to help governments and organizations protect communities from extreme weather events.
Geospatial intelligence:
- It is the collection and integration of data from a network of technologies, including satellites, mobile sensors, ground-control stations and aerial images.
- The data is used to produce real-time maps and simulations to help identify when, where and to what extent a threat is likely to emerge.
- Government officials, individuals or both can use this information to make informed decisions.
- Geospatial intelligence (GEOINT) is intelligence about the human activity on earth derived from the exploitation and analysis of imagery, signals, or signatures with geospatial information.
- The geospatial intelligence industry is projected to grow from a US$61 billion enterprise in 2020 to more than $209 billion in 2030.
Applications of Geospatial Intelligence:
- It contributes to emergency preparedness and response.
- The National Hurricane Center actively monitors the location, formation and trajectory of tropical cyclones.
- Detailed information on the timing, location and strength of a given hurricane helps officials distribute resources and personnel, as well as issue storm warnings and evacuation orders.
- Geospatial intelligence also provides valuable guidance for search-and-rescue and recovery efforts following a disaster.
- They helps first responders locate access points in the transportation network to rescue survivors, set up aid stations and provide emergency supplies.
- It is also used for environmental monitoring.
- Monitoring temperature, precipitation, snowpack and polar ice helps scientists and government officials anticipate and prepare for potential disturbances.
Military and civilian logistics:
- It has also made contributions in the Russian-Ukraine war.
- A commercial satellite imagery reported the 40-mile-long convoy of Russian ground forces heading toward Kyiv in February 2022.
- It is also used in transportation, logistics and global supply chains.
- GPS provides governments, businesses and people with detailed information on the time, location and destination of ships and cargo. This leads to greater efficiency and more consistent and reliable operations.
- Geospatial intelligence is also helping with the rollout of autonomous vehicles.
- The city planners and engineers are able to detect markings and features on the ground such as bicycle lanes and traffic direction. It helps planners build safer, smarter, more efficient and better-connected communities.
- It also helps in the development, implementation and evaluation of digital twins. Digital twins are virtual representations of real systems that mimic the systems’ characteristics and can be updated in real time to reflect changing conditions in the systems. They are useful in: decision making, modeling changes and predicting outcomes, simulating weather and terrain to evolve a strategy.
Source: TH
9. 70 Collegium proposals pending, Supreme Court says will monitor
Subject :Polity
Section: Judiciary
More about the news:
- The Supreme Court bench was hearing a plea by the Bengaluru Advocates Association seeking contempt of court proceedings against the government for alleged delay in the appointment of judges.
- The Supreme Court is concerned about the delay in appointing and transferring High Court judges.
- The Court has noted that 70 recommendations from the Collegium are still pending with the government.
- It plans to closely monitor this issue and will review it every 10-12 days until resolved
What is the collegium system:
- The ruling in the Third Judges Case, gave legal backing to the current system of appointment of judges and created the collegium of the CJI and four senior-most judges.
- The principal objective of the collegium is to ensure that the best available talent is brought to the Supreme Court Bench.
- The collegium system is not rooted in the Constitution or a specific law promulgated by Parliament.
- The SC collegium is headed by the incumbent CJI and comprises the four other senior most judges of the court at that time.
What the Constitution says:-
- Articles 124(2) and 217 of the Constitution deal with the appointment of judges to the Supreme Court and High Courts.
- The appointments are made by the President, who is required to hold “consultations” with “such of the judges of the Supreme Court and of the High Courts” as he may think is needed.
- For appointments other than the Chief Justice, “the Chief Justice of India shall always be consulted”.
Evolution of the system-
- The collegium system evolved out of a series of judgments of the Supreme Court that are called the “Judges Cases”.
- FIRST JUDGES CASE:
- In SP Gupta vs Union of India, 1981, the Supreme Court held that the concept of primacy of the CJI was not really rooted in the Constitution.
- The Constitution Bench also held that the term “consultation” used in Articles124 and 217 did not mean “concurrence” .
- Therefore though the President will consult these functionaries, his decision doesn’t have to concur with them.
- This judgment tilted the balance of power in favour of the executive.
- SECOND JUDGES CASE:
- In The Supreme Court Advocates-on-Record Association vs Union of India, 1993, a nine-judge Constitution Bench overturned the decision in SP Gupta, and devised a specific procedure called the ‘Collegium System’.
- The verdict in the case accorded primacy to the CJI in appointment and transfers, and ruled that the term “consultation” would not diminish the primary role of the CJI.
- The verdict said that the recommendation should be made by the CJI in consultation with his two senior most colleagues.
- It added that although the executive could ask the collegium to reconsider the matter, if the collegium reiterated the recommendation, the executive was bound to make the appointment.
- THIRD JUDGES CASE:
- In 1998, then President K R Narayanan issued a Presidential Reference to the Supreme Court under Article 143 of the Constitution over the meaning of the term “consultation”.
- The question was whether “consultation” required consultation with a number of judges in forming the CJI’s opinion, or whether the sole opinion of CJI could by itself constitute a “consultation”.
- In response, the SC laid down nine guidelines which has come to be the existing form of the collegium.
- The SC laid down that the recommendation should be made by the CJI and his four seniormost colleagues instead of two.
- It was also held that even if two judges gave an adverse opinion, the CJI should not send the recommendation to the government.
10. Law Panel ready reports on simultaneous poll
Subject :Polity
Section: Elections
Context: The Law Commission of India is set to submit a report recommending simultaneous elections in the country.
More about the news:
- The Law Commission of India is preparing to submit a report advocating simultaneous elections in the country, possibly with tentative timelines for the 2024 and 2029 election cycles.
- The report is one of three from the 22nd Law Commission, with the others focusing on the minimum age of consent in the Protection of Children from Sexual Offences (POCSO) Act and proposing a law for online filing of First Information Reports (FIRs).
- A high-level committee led by former President Ram Nath Kovind is already examining simultaneous elections, citing national interest, and has sought input from the Law Commission and political parties.
- In 2018, the 21st Law Commission also recommended the ‘One Nation, One Election’ concept but suggested further discussion and examination before final recommendations.
- The 22nd Law Commission was established in February 2020 and had its term extended to August 31, 2024, with Justice Ritu Raj Awasthi as its chairperson, appointed in November 2022.
What is Simultaneous election:
- The concept of “One Nation, One Election” envisions a system in which all state and Lok Sabha elections must be held simultaneously.
- This will entail restructuring the Indian election cycle so that elections to the states and the center coincide.
- This would imply that voters will vote for members of the LS and state assemblies on the same day and at the same time.
What is the history holding of Simultaneous Election in India:
- Simultaneous elections have previously been conducted in India in 1952, 1957, 1962 and 1967.
- Soon after, this norm was discontinued following the dissolution of some Legislative Assemblies between 1968 -69.
- Since then, the Indian Electoral system holds polls to Centre and states separately.
What are the Constitutional challenges involved:
- The Indian Constitution provides for the dissolution of the legislature if the ruling party loses majority by passing a vote of no confidence.
- Clause (2) of Article 83, Article 172(1) of Indian constitution deals with the term of Lok Sabha and State Assemblies respectively.
- Through Articles 85(2)(b) and 174(2)(b) these Houses can be dissolved ahead of the scheduled expiry of the term of five years
- However, there is no provision for extension of the term unless a proclamation of Emergency is in operation.
- Bringing the terms of all the Houses to sync with one another necessarily calls for either extending the terms of several of the Houses or curtailing of terms or a combination of both, that too by two to three years in some cases.
- In such a case, simultaneous elections could not be held within the existing framework of the Constitution.
- These could be held together through appropriate amendments to:
- The Constitution,
- The Representation of the People Act 1951, and
- The Rules of Procedure of Lok Sabha and state Assemblies.
- Since it will affect federal character, at least 50% of the states will require to ratify the constitutional amendments.
Some facts about Law Commission of India:
- Law Commission of India is neither a constitutional body nor a statutory body, it is an executive body established by an order of the Government of India.
- The Commission is established for a fixed tenure and works as an advisory body to the Ministry of Law and Justice.
- Its membership primarily comprises legal experts. It plays a crucial role in legal reforms and the development of the Indian legal system.
- The first Law Commission was established in 1955, and since then, there have been several subsequent commissions.
- The Law Commission operates under the Law Commission Act, 1956.
- Composition: The Commission consists of a chairman, who is typically a retired judge of the Supreme Court of India or a retired Chief Justice of a High Court, and other members, including legal experts and scholars.
- Role and Functions: The primary function of the Law Commission is to examine and review the existing laws of the country, suggest reforms, and make recommendations for new legislation. It also conducts research, studies, and consultations on various legal issues referred to it by the government.
- The Commission conducts in-depth research on legal matters, examines specific subjects, and prepares detailed reports with recommendations for legal reforms. These reports cover a wide range of topics, including civil and criminal laws, family laws, constitutional law, administrative law, and other legal areas.
11. Copyright infringement and when does it apply
Subject :Polity
Section: Legislation in news
Context: The Delhi High Court has issued summons to an Instagram account called People of India , in a copyright infringement suit filed by the storytelling platform Humans of Bombay.
What is Copyright and its Infringement:
- “Copyright” refers to the right given by the law to creators of literary, dramatic, musical, and artistic works and producers of cinematograph films and sound recordings.
- It is a bundle of rights that includes rights of reproduction, communication to the public, adaptation, and translation of a work.
- The Copyright Act 1957 aims to safeguard creative works, which are considered to be the creator’s intellectual property (IP).
- A copyrighted work will be considered “infringed” only if a substantial part is made use of without authorisation.
- In cases of infringement, the copyright owner can take legal action against any person who infringes on or violates their copyright and is entitled to remedies such as injunctions, damages, etc.
What is Passing Off:
- Passing-off is a form of unfair trade competition, involving one party trying to gain from another’s established reputation in a trade or business through deception.
- To assert a ‘passing off’ claim, evidence of deception, misrepresentation, or harm to the mark owner’s goodwill and reputation is essential.
- For e.g If a brand logo is intentionally altered in a way that’s not immediately noticeable to consumers, it doesn’t require identical products for infringement. Instead, it hinges on proving similarity in the rival traders’ goods, as established in the Cadila Healthcare vs. Cadila Pharmaceuticals (2001) case.
What is Intellectual Property (IP):
- IP refers to creations of the mind, such as inventions, literary and artistic works, designs and symbols, names and images used in commerce.
- IP is protected in law enabling people to earn recognition or financial benefit from what they invent or create.
- By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.
What are the different types of Intellectual Property (IP):
- Copyright, Patents, Trademarks, Industrial designs, Geographical indications (GI) and Trade secrets.
What are various Governing regulations:
- The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international legal agreement, which establishes minimum standards for the regulation by national governments of different forms of IP.
- IP rights in India are governed under the The Trade Marks Act 1999, The Patents Act 1970 (amended in 2005), The Copyright Act 1957, The Designs Act 2000, The GI of Goods (Registration and Protection) Act 1999, etc.
12. MHA extend disturb area status in Arunachal and Nagaland by 6 months
Subject :Polity
Section: Legislation in news
Context: The Union Home Ministry has extended the disturbed area status in parts of Arunachal Pradesh and Nagaland under the Armed Forces (Special Powers) Act, 1958 for another six months
More about the news:
- The Union Home Ministry extended for another six months the disturbed area status in parts of Arunachal Pradesh and Nagaland under the Armed Forces (Special Powers) Act, 1958.
- According to two separate notifications, the decisions have been taken after review of the law-and-order situation in both the states.
What is Armed Forces (Special Powers) Act, 1958.
- Armed Forces (Special Powers) Act (AFSPA), 1958 is an act of India that grants special powers to the Indian Armed Forces to maintain public order in “disturbed areas”.
- The Central Government, or the Governor of the State or administrator of the Union Territory can declare the whole or part of the State or Union Territory as a disturbed area.
- The Act in its original form was promulgated by the British in response to the Quit India Movement in 1942.It was then titled the Armed Forces (Special Powers) Ordinance, 1942.
- After Independence, Prime Minister Jawaharlal Nehru decided to retain the Act, which was first brought in as an ordinance and then notified as an Act in 1958.
What are different Provisions of AFSPA,1958:
- Under Section 3, the Central Government or the Governor of the State or administrator of the Union Territory can declare the whole or part of the State or Union Territory as a disturbed area.
- An area can be disturbed due to differences or disputes between members of different religious, racial, language or regional groups or castes or communities.
- Section 4 gives the Army powers to search premises and make arrests without warrants, to use force even to the extent of causing death, destroy arms/ammunition dumps, fortifications/shelters/hideouts and to stop, search and seize any vehicle.
- Section 6 stipulates that arrested persons and the seized property are to be made over to the police with the least possible delay.
- Section 7 offers protection of persons acting in good faith in their official capacity.
- The prosecution is permitted only after the sanction of the Central Government.
What is the current status of AFSPA
- Assam was the first state to come under the AFSPA in 1958.
- Currently, AFSPA is in place in the entire UT of Jammu & Kashmir, eight districts of Assam, certain areas of Manipur, Arunachal Pradesh & Nagaland.
What are the recommendations of various committees on AFSPA:
- In November 2004, the Central government established a five-member committee led by Justice B P Jeevan Reddy to assess the provisions of the act in the northeastern states.
- The committee proposed the repeal of AFSPA and suggested incorporating suitable provisions into the Unlawful Activities (Prevention) Act, 1967.
- Additionally, the 5th report of the Second Administrative Reforms Commission (ARC) on public order recommended AFSPA’s repeal.
- Conversely, the Supreme Court affirmed AFSPA’s constitutionality in the Naga People’s Movement of Human Rights v. Union of India case (1998).
13. Chinese research ship to visit Sri Lanka
Subject :Polity
Section: Legislation in news
Context: A Chinese research ship is going to dock on Sri Lanka’s Colombo port in October
More about the news:
- A vessel named ‘Shi Yan 6’, a scientific research vessel, with a 60-member crew, is going to land on Sri Lankan port.
- The research ship aims to carry out oceanography, marine geology and marine ecology tests.
- The Chinese research vessel is expected in the island country in October to carry out research along with Sri Lanka’s National Aquatic Resources Research and Development Agency (NARA)
What happened last year:
- India expressed concerns over a Chinese ballistic missile and satellite tracking ship, Yuan Wang 5, docking at Sri Lanka’s Hambantota port for a week.
- Initially, Sri Lanka postponed the ship’s arrival due to Indian objections but later allowed it.
- India feared the ship’s surveillance range could cover several Indian ports, potentially compromising security. China argued that the ship’s activities were lawful and non-threatening. This incident strained India-Sri Lanka relations, reminiscent of a previous controversy when Sri Lanka permitted a Chinese nuclear-powered submarine to dock in 2014.
Some facts about Hambantota Port:
- Hambantota port is located right in the middle of vital energy supply lines in the Indian Ocean, connecting the Middle East and East Asia.
- Hambantota port is a deep-water port in the southern tip of Sri Lanka
- Hambantota International Port Group is a Public Private Partnership and a Strategic Development Project between the Government of Sri Lanka and China Merchants Port Holdings (CMPort).
- This port was given to China by Sri Lanka on a 99-year lease after Sri Lanka failed to repay Chinese loans.
14. Prachand say No to Chinese Security doctrine
Subject :Polity
Section: Legislation in news
Context: Nepal says ‘no’ to China’s Global Security Initiative.
More about the news:
- Nepal, during Prime Minister Pushpa Kamal Dahal Prachanda’s visit to Beijing, declined to join China’s Global Security Initiative (GSI) but agreed to advance cross-border connectivity projects.
- The joint statement emphasized support for China’s Global Development Initiative (GDI) and the Belt and Road Initiative (BRI).
- While Nepal refrained from endorsing GSI, it showed willingness for some security cooperation, such as joint boundary inspections and law enforcement collaboration.
- Both nations also highlighted various infrastructure projects, including a cross-border railway from Lhasa to Kathmandu. This indicates Nepal’s intent to collaborate on development but remain cautious regarding security cooperation with China.
- The Nepali supports the Global Development Initiative (GDI) proposed by China, and will consider to join the Group of Friends of the GDI
- Additionally, Nepal gifted China unicorn rhinos as a symbol of friendship.
What is Global Security Initiative (GSI):
- The Global Security Initiative (GSI), a China-led framework aiming to restore stability and security in Asia, appears to be more of a counter-narrative to U.S. leadership rather than a genuine attempt to establish a sustainable security order.
- It was stated that the five major pillars to implement GSI would be:
- Mutual respect
- Openness and inclusion
- Multilateralism
- Mutual benefit
- Holistic approach
What are the key principles of Global Security Initiative (GSI):
- China held that the Global security initiative is envisaged to uphold the principle of “indivisible security”. The principle of “indivisible security” means that no country can strengthen its own security at the expense of others.
- This initiative would build an Asian security model of mutual respect, openness and integration.
- It would oppose the destruction of the international order under the banner of so-called rules.
- It will also oppose the dragging of the world under the cloud of the new cold war.
- This initiative will oppose the use of the Indo-Pacific strategy to divide the region and create a new Cold War, and the use of military alliances to put together an Asian version of NATO.
Global Development Initiative (GDI)
The Global Development Initiative is a global initiative proposed by China in 2021. It is regarded as another important public good and cooperation platform provided by China to the world.
President Xi talked about eight priority areas for cooperation: (i) poverty alleviation, (ii) food security, (iii) COVID-19 and vaccines, (iv) financing for development, (v) climate change and green development, (vi) industrialisation, (vii) digital economy, and (viii) connectivity.
Group of Friends aims to seek greater complementarity between the GDI and the 2030 Agenda, support UN work in the field of development, and help developing countries fight the pandemic and implement the 2030 Agenda.
15. When citizens take ownership of urban commons
Subject : Environment
Section: Ecosystem
Urban commons are public spaces or spaces of public interest that, through the direct care and management from the communities, challenge the traditional mechanisms of public authorities and market, providing new social and cultural responses.
The urban commons is a relatively new concept developed over the last decade but has its roots in the long historical and intellectual lineage ranging from the enclosure movement in England to the classic essay Hardin 1968 to the Nobel prize-winning work Ostrom 1990, including many examples of community-governed common pool resources.
Subject :IR
Section: Places in news
Context: Ukraine launched a counter offensive against the invading Russian troops.