Current Affairs – December 18, 2024

{GS2 – MoCAFPD – Initiatives} Credit Guarantee Scheme for e-NWR-based Pledge Financing (CGS-NPF)

Context (PIB): Credit Guarantee Scheme for e-NWR-based Pledge Financing was launched.

The scheme allows farmers to secure loans using electronic Negotiable Warehouse Receipts (e-NWRs) after depositing their commodities in Warehousing Development and Regulatory Authority (WDRA) accredited warehouses.

Key Features of the Program

Administering Body: Ministry of Consumer Affairs, Food & Public Distribution (MoCAFPD).
Loan Coverage: Provides loans up to Rs 75 lakhs for agricultural purposes and up to Rs 200 lakhs for non-agricultural purposes.
Eligible Borrowers: Targeted beneficiaries include small and marginal farmers, women, SC/ST/PwD farmers, MSMEs, traders, Farmer Producer Organizations (FPOs), and farmer cooperatives.
Eligible Institutions: All scheduled and cooperative banks are eligible to participate.
Risks Covered: The scheme addresses credit and warehouseman risks.
Guarantee Coverage: It offers 85% coverage for loans up to Rs 3 lakh and 80% coverage for loans between Rs 3 lakh and Rs 75 lakh for small and marginal farmers, women, and SC/ST/PwD borrowers. It provides 75% coverage for other borrowers.

About e-NWR

It is a digital form of the traditional warehouse receipt, regulated by the Warehousing (Development and Regulation) Act of 2007.
It permits the transfer or sale of goods stored in a registered warehouse through endorsement.
Since 2019, WDRA has mandated the issuance of warehouse receipts in electronic format.

{GS2 – Policy – IC – Judiciary} Henderson Doctrine **

Context (IE): SC recently invoked the Henderson Doctrine in a contempt petition (Celir LLP vs. Mr. Sumati Prasad Bafna & Ors 2024), underscoring its importance in curbing repetitive litigation.

Henderson Doctrine: Requires comprehensive litigation addressing all issues from the same subject matter in one proceeding, barring re-litigation of claims that could have been raised earlier.

Need for Henderson Doctrine in Legal System

The Henderson Doctrine aligns with Constructive Res Judicata.
Preventing Re-Litigation Abuse: Prevents abuse of judicial resources by preventing parties from repeatedly raising the same issues under different guises.
Ensures courts do not become arenas for procedural exploitation.

Res Judicata: Prohibits re-litigation of matters already decided between the same parties by a competent court, ensuring the finality of decisions.
Constructive Res Judicata: Extends Res Judicata to matters that could have been raised in earlier suits but were omitted, preventing piecemeal litigation.

Important Judicial Precedents

Henderson v. Henderson (1843): Originating case emphasised the need for comprehensive litigation.
State of UP v. Nawab Hussain (1977): Established that a new suit could be barred under Constructive Res Judicata if the issue could have been raised earlier.
Workmen v. Board of Trustees of the Cochin Port Trust (1978): Highlighted the necessity of raising all issues in a single proceeding.

Benefits of Henderson Doctrine and Res Judicata

Judicial Economy: Reduces the backlog of cases by discouraging repetitive lawsuits.
Integrity of Legal Proceedings: Comprehensive presentation of claims, avoiding piecemeal litigation.
Finality in Litigation: Provides certainty and closure for litigants.
Application of Doctrine: The Henderson Doctrine reinforces Section 11 of CPC, ensuring finality in judgments and promoting judicial efficiency.
Discretionary Safeguards: Courts can apply remedial measures to protect against procedural abuse.
Protection Against Harassment: Prevents misuse of legal processes to harass parties.

Challenges and Criticisms

Rigidity in Application: Overly strict adherence may deny justice in genuine oversight cases.
Potential Misuse: Risk of being exploited to suppress legitimate claims.
Ambiguity in Interpretation: Courts face challenges in determining what constitutes claims that “should have been raised.”
Limited Scope in New Evidence: This does not address scenarios where new, significant evidence emerges after the original proceedings.

Recommendations and Way Forward

Balancing Flexibility and Finality: Ensure courts have discretion to consider genuine exceptions.
Enhanced Procedural Safeguards: Strengthen mechanisms to identify and deter vexatious litigation.
Judicial Training and Awareness: Train judges to apply the doctrine judiciously and fairly.
Legal Literacy: Promote awareness among litigants about the importance of comprehensive litigation.

{GS2 – Polity – Laws} Legal Framework Regulating Will

Context (IE | IE): The dispute over fashion designer Rohit Bal’s alleged Will raises questions about the legal framework under the Indian Succession Act 1925.

Elements of a Valid Will

Sound Mind and Majority: The testator must have a sound mind, not a minor one (Section 59).
Unprivileged Will Requirements: Signed by the testator or someone directed by them; Attested by two witnesses in the testator’s presence (Section 63).

Freedom from Coercion: The Will must be free of fraud, coercion or undue influence; otherwise, it is void (Section 61).
Last Will Prevails: If multiple Wills exist, the one executed last is valid.

Legal Framework Governing Wills

Indian Succession Act 1925: Governs testamentary succession for Hindus, Sikhs, Buddhists, and Jains.
Indian Evidence Act 1872: Requires at least one attesting witness to prove the Will in court.

Grounds for Challenging a Will

Non-compliance with Legal Requirements: Lack of proper signature, witness or other legal formalities.
Suspicious Circumstances: Include unfair property distribution or undue influence as outlined in H. Venkatachala Iyengar vs. B. N. Thimmajamma (1958) case.
Active Role by Beneficiary: Active involvement of the main beneficiary in drafting the Will can lead to suspicion, as seen in Kavita Kanwar v. Pamela Mehta (2020) case.

Challenges in Legal Battles Over Wills

Proving Authenticity: Establishing compliance with all legal requirements.
Countering Suspicion: Addressing allegations of coercion or undue influence.
Executor’s Responsibility: Ensuring lawful execution and representation in disputes.

Context (PIB): Northern Coalfields Limited (NCL), part of Coal India in Singrauli, Madhya Pradesh, has started the ‘CHARAK’ scheme. This is a CSR project aimed at improving health.

The scheme aims to provide free treatment at NCL’s dedicated hospitals or empanelled hospitals across the country for patients suffering from identified life-threatening diseases, especially those from economically weaker sections in the Singrauli region.
Eligibility Criteria: Residents of Singrauli and Sonbhadra districts with an annual family income below Rs. 8 Lakhs from all sources are eligible for benefits under this scheme.
Diseases Covered: It covers a range of diseases, including Tuberculosis (TB), HIV, Cardiovascular diseases, Organ Transplants, Multisystem disorders, Connective Tissue disorders, sudden vision loss, etc.

{GS3 – Envi – Degradation} Arctic Tundra: Carbon Emissions Surpass Absorption

Context (IE): The Arctic tundra, a frozen biome storing carbon for millennia, has become a source of greenhouse gases (GHGs) like CO₂ and CH₄, per USA’s NOAA Arctic Report Card, 2024.

Arctic Tundra’s Carbon Storage

Carbon Sequestration Process: Plants absorb CO₂ through photosynthesis. Due to extreme cold, organic matter decomposes slowly, trapping carbon in permafrost.
Permafrost Storage: Permafrost, ground frozen for at least two years, traps organic remains for thousands of years, preventing CO₂ release.
Carbon Storage: Arctic soils store 1.6 trillion metric tons of carbon — double the atmospheric carbon.

Reasons for Increased Carbon Emissions

Accelerated Arctic Warming: Arctic warming at four times the global rate; 2024 was the second-warmest year since 1900.
Rising temperatures activate soil microbes, breaking down organic matter and releasing CO₂ and CH₄.
Increased Global GHG: Persistent rise in fossil fuel emissions and deforestation causing permafrost thawing, projected at 41.6 billion tons CO2 in 2024.
Frequent Wildfires: Increased wildfire events in the Arctic; 2024 was the second-highest year for wildfire emissions, following the worst year 2023.
Wildfire Smoke Impact: Emitted smoke contributes to GHG levels and accelerates permafrost thawing.

Impacts of Arctic Tundra Emissions

Climate Change: Release of methane, a more potent GHG than CO2, accelerates adverse climate effects.
Global Warming: Transition from carbon sink to carbon source intensifies global warming.
Thawing Permafrost: Decomposition due to microbial activity releases stored carbon.

Way Forward

Global Emission Reductions: Aggressive cuts in GHG emissions to limit climate change impacts, Reducing fossil fuel dependency and promoting renewable energy.
Monitoring and Reporting: Expansion of Arctic monitoring programs like NOAA’s Arctic Report Card.
Wildfire Mitigation: Improved management strategies to limit wildfire-induced emissions.

{Prelims – Envi – Species} Feral Horses

Context (ITNE): The National Green Tribunal has notified the Centre and others about the feral horses in the Dibru-Saikhowa National Park in Assam.

The Dibru Saikhowa National Park in Assam is the only place in India with a population of feral horses.
Feral horses have survived in the wild for about 80 years and were believed to be descendants of war horses from World War II or China’s Przewalski’s horse (IUCN status: EN) species.
Feral horses are not covered under the Wildlife Protection Act of 1972, and hence, they are not legally recognised as wild animals.
Feral horses mostly prefer grassy river flats, forests and woodlands. They use open areas where predators can be seen from a distance. They are found within a 5–6 km range of water sources.
The Feral horse is not a true wild horse; The Takhi is the only true wild horse left in the world.
Australia has the largest population of feral horses in the world.

Source: mongabay

{Prelims – In News} Diabetes Biobank

Context (TH): India sets up its first diabetes biobank in Chennai. The repository contains blood samples of diabetes, including Type 1, Type 2, and gestational diabetes.

Set up by: A joint collaboration of the Indian Council of Medical Research (ICMR) and Madras Diabetes Research Foundation (MDRF), Chennai.
Diabetes biobank could help in the identification of novel biomarkers for early diagnosis and the development of personalised treatment strategies.
It will also support longitudinal studies to track the progression of diabetes and its complications over time, leading to better management and prevention strategies.

{Prelims – In News} Khiamniungan Tribe

Context (EM): The Nagaland Tourism Department has formally apologised for omitting the Khiamniungan Tribe’s name in the Heritage Guide Map displayed during the Hornbill Festival 2024.

The Khiamniungan tribe is one of the major tribes among the Nagas, inhabited in India and Myanmar.
The nomenclature of the tribe ‘ Khiamniungan’ is a compound word formed by three words: ‘Khiam’ means water, ‘Niu’ means great and ‘Ngan’ means source. Thus, Khiamniungan means ‘source of great water or river’.
Festivals of Khiamniungan tribe
- Tsokum: Celebrated in September or the first part of October, invokes blessings for a rich harvest. It includes dancing, singing, cleaning, road repair, and outdoor cooking and eating.
- Khaotzao Sey Hok-ah sumai: Marks the end of all agricultural activities for the year. It is a time to rest and thank God for a bountiful harvest and triumph over adversities throughout the year.
- Miu: The Khiamniungan people traditionally practised jhum cultivation (slash and burn agriculture) and celebrated the Miu festival at the time of sowing. They offer prayers for a good harvest.
Language: Patsho Khiamniungan. Music Instrument: Log Drum.

{Prelims – Sci – Chemistry} Hydroxymethanesulphonate *

Context (TH): A study reveals that aerosol particles in supercooled states during extreme winters enable the formation of hydroxy–methane–sulphonate (HMS), a component of PM2.5 particles.

HMS is a secondary aerosol, a byproduct formed through the chemical interaction of formaldehyde and sulfur dioxide in the presence of liquid water, particularly in aerosol particles.

Factors that Promote Formation

Very low temperatures: Supercooling in extremely low temperatures (less than 30^o C) allows water to remain liquid, a site for HMS formation.
Sulphate (SO₂^4-) and ammonium (NH₄⁺): This comes from sulphur dioxide and other pollutants (mostly from sulphur fuels). At normal temperature, Ammonium ions in gaseous form balance the Sulphate ions. However, at lower temperatures, Ammonium ions cannot escape the liquid aerosol particles, providing a fertile site for HMS.

Environmental Impacts

Air pollution: HMS is a component of fine particulate matter (PM2.5), which worsens air quality.
Influences cloud formation: It affects the formation and properties of clouds, which can alter weather patterns and climate.
Radiative properties: Changes in cloud properties can influence the Earth’s radiative balance, potentially impacting climate change.

Particle Pollution

Particle pollution, also known as particulate matter (PM), is a mixture of solid particles and liquid droplets suspended in the air.
Categories of PM:
- PM10 to 2.5: Particles with diameters ranging from 2.5 to 10 micrometres (µm).
- PM2.5: Ultrafine particles with diameters less than 2.5 µm, capable of penetrating deep into the lungs, reducing lung function, aggravating asthma, etc.