Current Affairs – July 16, 2024

{GS2 – Polity – IC – Citizenship} Section 9 of The Foreigners Act, 1946

• Context (IE): The Supreme Court declared Md Rahim Ali, an Assam resident and a citizen of India, overturning the decision of a Foreigners’ Tribunal in the state.
• Because of minor discrepancies in spellings and dates in the documents produced by Ali, the Foreigners’ Tribunal (FT) passed an ex parte order declaring him a foreigner.

• The judgment will alleviate many people’s anxieties following the enactment of The Citizenship (Amendment) Act, 2019 and the proposal to have a nationwide National Register of Citizens (NRC).
• The judgment made significant observations regarding Section 9 of The Foreigners Act of 1946.
• Section 9 imposes the burden of proof on the person alleged to be a foreigner.

Key elements of the Judgement

• The burden of proof will be discharged only after the state has shared the material on which the allegation is founded.
• The supply of this material is an integral part of the classic rule of natural justice, audi alteram partem, i.e., no one shall be condemned unheard.
• In the absence of the basic/ primary material, the authorities cannot initiate proceedings at their untrammelled or arbitrary discretion.

Basis of the Judgement

• Mukesh Singh vs State (2020): The Supreme Court said that even in cases of a reverse burden of proof, the initial burden, which exists on the prosecution, must be satisfied.
• Noor Aga vs State of Punjab (2008): The prosecution must first prove some basic facts, even in reverse burden of proof cases.
• Criminal jurisprudence: It is a settled principle of criminal jurisprudence that the more serious the offence, the stricter the degree of proof.

Foreigners’ Tribunals (FTs)

• Foreigners’ Tribunals were originally established under the Foreigners Act of 1946.
• Post-independence, they were recognised in 1964 by an executive order of the Home Ministry.
• Under Section 2(a) of the 1946 Act, “a foreigner means a person who is not a citizen of India”.
• Thus, it will apply only to persons against whom there is strong evidence of being a foreigner.
• Though applicable across India, FTs are currently operational only in Assam. In other states, local courts handle such cases under the Foreigners Act of 1946.
• Post 2019 amendment to the Foreigners (Tribunals) Order, state and central govts can establish FTs.

Concerns in Assam

• In 1997 and subsequent years, government officials declared about 3 lakh people in Assam Doubtful Voters (D voters) without any inquiry or notice.
• Paragraph 3(1) of Foreigners’ Tribunal Order of 1964 mandates mention of “main grounds” in notices.
• However, notices issued by FTs generally do not mention any grounds, and people have to defend themselves without knowing the charges.
• Until March 2019, 1.17 lakh people were declared foreigners, including 63,959 ex parte declarations.

Also refer to Citizenship Amendment Act (CAA), 2019.

{GS2 – Polity – IC – Judiciary} Gram Nyayalayas

• Context (TH): The Supreme Court has sought a full report from States and High Courts on the establishment and functioning of gram nyayalayas.

• Gram Nyayalayas are deemed a Court of Judicial Magistrate of First Class with civil and criminal jurisdiction to settle petty disputes at the village level.
• The creation of Gram Nyayalayas was first suggested by the Law Commission of India in 1986 in its 114th Report.

Gram Nyayalayas Act of 2008

• The Act provides for the establishment of Gram Nyayalayas at the intermediate Panchayat level or a group of contiguous Panchayats at the intermediate level in a district or where there is no Panchayat at the intermediate level in any State, for a group of contiguous Gram Panchayats.
• The State Governments are responsible for establishing Gram Nyayalayas in consultation with the respective High Courts. However, the Act does not make setting up of Gram Nyayalayas mandatory. 
• Gram Nyayalayas are to remain ‘mobile’ & conduct periodic visits to the villages within their jurisdiction.
• The Central Government meets the non-recurring expenditure on establishing Gram Nyayalayas subject to a ceiling of Rs. 18 lakhs.
• It is headquartered at intermediate Panchayat or any other place as notified by the State Government.

Headed by

• Each Gram Nyayalaya will be headed by a Nyayadhikari, who must possess the qualifications of a Judicial Magistrate of the First Class.
• The State Government shall appoint S/he in consultation with the respective High Court.
• The Nyayadhikaris will strictly be a judicial officer and derive the same salary and powers as First Class Magistrates working under High Courts.

Jurisdiction

• It shall exercise the powers of both Criminal and Civil Courts and try such cases which are specified in the First Schedule and the Second Schedule to the Act.
• The First and Second Schedules can be amended by both the Central and State Governments as per their legislative competencies.

Settlement of disputes

• The Gram Nyayalaya is supposed to try to settle the disputes as far as possible by bringing about conciliation between the parties. For this purpose, it can use the appointed conciliators.

Judgement

• The judgment/order passed by the Gram Nyayalaya shall be deemed to be a decree, and to avoid delay in its execution, the Gram Nyayalaya shall follow a summary procedure.
• In both civil and criminal cases, Gram Nyayalayas are not bound by the provisions of the Indian Evidence Act. It shall be guided by the principles of natural justice, & subject to any rule made by the High Court.

Officers for assistance

• The State Government shall determine the nature and categories of the officers and other employees required to assist a Gram Nyayalaya and their salaries would be decided by State Government.

Language of proceedings

• The proceedings before the Gram Nyayalaya and its judgment shall, as far as practicable, be in one of the official languages of the State other than the English language.

Appeal

• Appeal in criminal cases shall lie to the Court of Session, which shall be heard and disposed of within six months from the filing date of such appeal.
• Appeal in civil cases shall lie to the District Court, which shall be heard and disposed of within six months from the date of filing of the appeal.

Plea bargaining

• A person accused of an offence may file an application for plea bargaining in Gram Nyayalaya in which such offence is pending trial.

Inspection of Gram Nyayalayas

• The High Court may authorize any judicial officer superior in rank to the Nyayadhikari to inspect the Gram Nyayalayas within his jurisdiction once every six months or such other period as the High Court may prescribe.

Significance of Gram Nyayalayas

• Reduced pendency of cases at the lower level.
• Simple and inexpensive justice through simplified procedural laws, inexpensive settlement of disputes, and doorstep delivery of justice, thus making the concept of ‘Participatory Justice’ a reality.
• Maintains social harmony through focus on alternative dispute resolution, such as conciliation.
• Maintaining an inclusive judiciary through appointment of social workers as conciliators.
• Ancient cultural legacy as it reflects India’s long held tradition of Panchayat-based justice in rural areas.

Challenges in the functioning of Gram Nyayalayas

• Non-cooperation of enforcement agencies & state functionaries to setup Gram Nyayalayas. As against a requirement of 6,000-odd gram nyayalayas, only 481 have been set up, of which only 309 are functional.
• Lack of infrastructure like buildings, office spaces, lack of manpower resources, regular cadre of Gram Nyayadhikari, etc.
• Dismal performance: The number of disputes settled by Gram Nyayalayas are negligible and most are referred to District forums by appeal, thus, increasing the burden of District Courts and delaying justice.
• Overlapping jurisdiction: Many states have established regular courts with concurrent jurisdiction at Taluk level thereby lessening the need for such institutions.
• Scarcity of candidates: The pool of eligible legal professionals willing to serve as Nyayadhikaris in remote rural areas is limited.
• Ensuring continuity and consistency through mobile courts: Regular movement may affect the consistency of proceedings and the ability to maintain records effectively.
• Defining boundaries: Clearly demarcating the jurisdiction of Gram Nyayalayas vis-à-vis other local courts is complex and can lead to confusion.

Way forward

• Mass awareness campaigns with the aim of sensitising stakeholders on the utility and benefits.
• Establishing permanent Gram Nyayalayas, making it mandatory for new judicial officers to serve in these institutions.
• Establishing a dedicated budget to ensure that these courts are properly funded and staffed.
• The consistency of legal interpretations between Gram Nyayalayas and higher courts must be maintained to avoid conflicting judgments.
• Streamlining the provisions for the transfer of cases & appeal process to prevent jurisdictional disputes.

{GS3 – DM – Floods} River Embankments in Assam

• Context (IE): The construction of embankments in the Brahmaputra basin to manage changing flood patterns leads to disastrous consequences.

• Assam’s request for embankments dates back to 1950, inspired by American and Chinese dykes.
• The Garg committee warned against the construction, citing potential ecological and hydrological risks.

Issues and Concerns

• Alters natural river flow and ecosystems, affecting aquatic life (Golden mahseer and various catfish’s breeding is affected) and biodiversity (habitat destruction and displacement of one-horned rhino).
• Siltation (the accumulation of sediment) reduces river depth and hinders navigation.
• It caused social displacement and restricted community access to rivers.
• It initially protected crops and properties but has fundamentally changed river-land connections.
• Requires continuous reinforcement due to changing river dynamics and climate.
• The National Flood Commission is concerned about exacerbation and breach risks.

Alternatives

• Floodplain Restoration: Removing levees to restore floodplains and reduce downstream flood heights.
• Natural Water Retention: Afforestation, wetland restoration, and retention ponds to regulate river flows.
• Realignment: Gradually moving flood defences inland & controlled flooding of low-lying areas.
• Raised Buildings and Floating Structures: Construct buildings on stilts or use floating structures in flood-prone areas.
• Green Infrastructure: Integrating green roofs, permeable pavements & rain gardens to absorb rainwater.
• Channel Widening and Deepening: Enlarging river channels to increase floodwater capacity.
• Dredging and Desilting: Removing sediment from river channels and reservoirs to improve water flow.

Way Forward

• Ecologically Sustainable Solutions like Netherlands’ Room for the River projects (floodplain expansion).
• Integrated sediment management strategies, like the US’s Missouri River restoration project.
• Adopt community-centric approaches. For example, Kenya’s Tana River Delta Conservation Project.
• Adopt management practices that can adapt to changing river and climate conditions. For example, Australia’s Murray-Darling Basin Plan.

{GS3 – Envi – Air Pollution} Impact of air pollution on pollinators

• Context (TH): Pollinators – including bees and some moths and butterflies – experienced a 39% decline in foraging efficiency after exposure to elevated air pollution levels.

Key Findings

• Beneficial insects – such as bees and wasps – are more affected by air pollution due to their reliance on scent-based communication.
• Air pollutants can chemically alter the scent trails or interfere with insects’ ability to detect them, essentially disrupting their sensory landscape.
• Plant-eating aphids and other pests were not significantly impacted as they rely less on long-distance scent cues and more on direct contact or visual cues.
• Among air pollutants, ozone and Nitrogen oxides emerged as particularly harmful to beneficial insects, reducing their ability to thrive and carry out their roles in the ecosystem by 35%.
• Air pollutant concentrations have an insignificant impact on the behaviour of invertebrates, indicating that even low levels of pollution are damaging.

{GS3 – IS – Laws} The Maharashtra Special Public Security (MSPC) Bill, 2024

• Context (IE): The Maharashtra government has introduced the MSPC Bill, 2024, to combat Naxalism by asserting that Naxal front organisations operate in cities and provide support to armed Naxal cadres.

Key Provisions

• Declaring Organizations Unlawful: This law grants the government the power to label organizations “unlawful” if it suspects them of supporting unlawful activities.
• Definition of Unlawful Activity: Unlike existing laws, criteria for unlawful activity are broadly defined, raising concerns over potential misuse.
• Punishments: Up to 7 years imprisonment and ₹5 lakh fine.
• Property Seizure: Allows authorities to seize properties suspected of facilitating unlawful activities.

Need for the Bill

• Increasing Presence of Naxalism: Naxalism is extending into urban centres via front organisations, providing logistical support and safe havens for armed cadres.
• Inadequacy of Existing Laws: Evolving Naxal strategies in urban areas necessitates new legislation.
• Experience of Other States: Chhattisgarh, Telangana, Andhra Pradesh, and Odisha are enacting similar laws to ban Naxal front organisations.
• Legal and Procedural Streamlining: Delays and hurdles under current laws like UAPA in obtaining prosecution sanctions necessitate such laws.
• Public Order and Security Concerns: The naxal attack on Police in the Gadchiroli district resulted in the deaths of 15 security personnel and one civilian driver.

Criticisms

• Repression: Declaring organisations unlawful could suppress dissent and peaceful activism.
• Lack of Transparency: Unclear processes for designation and vague defining of unlawful activity.
• Fundamental Rights Violations: Property seizures and arrests without due process.
• Curbing Civil Liberties: Risks restricting freedoms of speech, expression, association, and assembly, potentially labelling peaceful protests as unlawful.
• Legal Challenges: Similar laws in other states have faced scrutiny for overly broad definitions.
• Hasty Introduction: Timing just before elections raises suspicions about political motives.

Comparison with UAPA

Read more > Unlawful Activities (Prevention) Act (UAPA)

{GS3 – S&T – IPR – GI} Magji Ladoo

• Context (IE): Magji Ladoo, a traditional sweet from Odisha, was awarded the GI tag.

  

  Credits: IE

Tracing the Origins of Magji Ladoo

• The Magji Ladoo is believed to have originated in the Kalahandi district from the culinary-skilled tribe of Majhis.
• The origin of the Magji Ladoo is traced back to 1300-1400 AD, when Sridhar Swami, a saint residing at the 8th-century Kapilas shrine, is said to have offered it to revered Chaitanya Mahaprabhu.
• It is traditionally made with buffalo milk cheese, sugar, and cardamom.

Significance of Magji Ladoo

• Odia culture: It is part of festive occasions like Diwali, Durga Puja, Sankranti, and weddings.
• Chappan bhog: It is part of “chappan bhog” (56 food offerings) presented to the deity in Jagannath Puri.

Also, refer to GI tags.

{GS3 – S&T – Space} Cave on the Moon

• Context (IE | TH): A cave on Moon was discovered for the first time. Researchers analysed radar measurements by NASA’s Lunar Reconnaissance Orbiter and compared the results with lava tubes on Earth.

Credits: BBC

• The cave is accessible from Mare Tranquillitatis pit, which was created by the collapse of a lava tube.
• The cave is estimated to be at least 130 feet (40 metres) wide and tens of yards (metres) long.
• It is near Sea of Tranquillity, close to Apollo 11’s landing site and visible to the naked eye from Earth.

• Such places could serve as a natural shelter for astronauts, protecting them from cosmic rays, solar radiation, and micrometeorite strikes.

NASA’s Lunar Reconnaissance Orbiter

• LRO (Lunar Reconnaissance Orbiter) was a U.S. orbiter mission to the Moon launched in 2009. LRO continues to orbit the Moon.
• LRO created a high-resolution 3D map of the Moon as part of a program to identify future landing sites and resources, including deposits of water ice shadowed in polar craters.
• LRO carried out the first laser communication demonstration with a lunar satellite.

{GS3 – S&T – Tech} 100 years of ECG

• Context (TH): 2024 marks the centenary of the first human electroencephalography (EEG), produced by German physiologist Hans Berger.

About EEG

• EEG stands for electroencephalography. ‘Electro’ pertains to electricity; ‘encephalo’ refers to the brain; and ‘graphy’ is a suffix meaning to show or to represent.
• An EEG test measures electrical activity in the brain that is due to the movement of electrically charged particles such as ions.

Credits: Cleveland Clinic

• During an EEG test, electrodes are placed on the scalp.
• The electrodes attach to a machine that monitors the electrical signals that the brain cells (neurons) make to communicate with each other. The activity of the brain cells shows up as wavy lines on an EEG.

Uses

• It is the reference standard — i.e. the best test available — to diagnose epilepsy.
• It can reveal the effects of anaesthesia, sleeping patterns, neurological activity during a coma, and availability of oxygen. It can also confirm brain death.
• In research, scientists use EEG for neuroscience, cognitive psychology, neurolinguistics, and neuromarketing studies and to develop brain-computer interfaces.