DAILY CURRENT AFFAIRS BITS
TOPIC -1 – International Court of Justice (ICJ)
A group of 16 countries led by Vanuatu – an island country in the South Pacific Ocean, recently launched an effort to fight the problem of climate change at the United Nations (UN), and the group seeks an advisory opinion from the International Court of Justice (ICJ) on the issue of climate change.
About the International Court of Justice (ICJ):
- The ICJ, also known as the World Court, is the principal judicial organ of the UN.
- It was established in June 1945 by the Charter of the United Nations and began work in April 1946.
- The seat of the Court is at the Peace Palace in The Hague (Netherlands).
- Of the six principal organs of the United Nations, it is the only one not located in New York, United States.
- The hearings of the ICJ are always public.
- French and English are the official languages of the Court.
Powers and Functions:
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- The Court may entertain two types of cases: legal disputes between States submitted to it by them (contentious cases) and requests for advisory opinions on legal questions referred to it by United Nations organs and specialized agencies (advisory proceedings).
- Only States (which are members of the United Nations and other States which have become parties to the Statute of the Court or which have accepted its jurisdiction under certain conditions) may be parties to contentious cases.
- Advisory proceedings before the Court are only open to five organs of the United Nations and 16 specialized agencies of the United Nations family or affiliated organizations.
- The court’s judgments in contentious cases are final and binding on the parties to a case and without appeal.
- Unlike the Court’s judgments, advisory opinions are not binding.
- The ICJ decides disputes in accordance with international lawas reflected in international conventions, international custom, general principles of law recognized by civilized nations, judicial decisions, and writings of the most highly qualified experts on international law.
Composition:
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- The Court is composed of 15 judges, all from different countries, who are elected for terms of office of nine years by the United Nations General Assembly (UNGA) and the Security Council (UNSC).
- To be elected, a candidate must receive an absolute majority of the votes in both UNGA and UNSC.
- One-third of the composition of the Court is renewed every three years.
- Judges are eligible for re-election.
- Once elected, a member of the Court is a delegate neither of the government of his own country nor of any other State.
- Members of the Court are independent judges whose first task, before taking up their duties, is to make a solemn declaration in open court that they will exercise their powers impartially and conscientiously.
TOPIC -2 – What is the Anti-defection law?
Supreme Court recently said that legislators facing disqualification under the anti-defection law cannot participate in the floor test.
About Anti-defection law :
- It was introduced in India in 1985 through the 52nd amendment to the Constitution of India.
- This amendment added the Tenth Schedule to the Constitution, which lists out the provisions related to defection.
- It lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature based on a petition by any other member of the House.
- This schedule applies to both Central and State legislature.
- Aim: The main aim of this schedule was to prevent political defections and to strengthen democracy by bringing stability in politics and make members of parliament more responsible and loyal to their parties.
- Grounds of disqualification: A member of any state or central legislature can be disqualified from being a member if,
- He voluntarily gives up his membership of a political party.
- He disobeys the directions of his political party or votes or does not vote in the legislature contrary to the directions of his political
- After the election, he joins another political party.
- If a nominated member joins any political party after 6 months from the day, he becomes a member of the legislature.
Exemptions:
- Disqualification of a member is not applied in case of a merger, provided that this merger with or into another party shall be done with the consent of at least two-thirds of its legislator In such a scenario, neither the members who decide to merge nor the ones who stay with the original party will face disqualification.
- It exempts the speaker, chairman, and deputy chairman of various legislative houses from disqualification on the ground of defection.
Deciding authority:
- The decision to disqualify a member under the anti-defection law is taken by the presiding officer of the house. ( Speaker or Chairman accordingly).
- The law does not specify a time period for the Presiding Officer to decide on a disqualification plea.
- The decisions of the Speaker or Chairman in anti-defection cases are subject to judicial review.
- However, there can not be any judicial intervention until the Presiding Officer gives his order
TOPIC -3 – What is the Windsor Framework?
The UK Government recently reached a landmark deal with the European Union (Known as Windsor Framework) on post-Brexit trade rules that will govern Northern Ireland.
About Windsor Framework:
- The ‘Windsor Framework’ will replace the Northern Ireland Protocol.
What is Northern Ireland Protocol?
- Northern Ireland is a British-ruled province and part of the United Kingdom that shares a long porous border with Ireland, a member of the European Union.
- Trade over the open border when Britain left the EU was one of the most difficult parts of the Brexit negotiations which culminated in the Northern Ireland Protocol.
- The protocol is part of the Brexit deal, which sets Northern Ireland’s trade rules.
- It keeps Northern Ireland inside the EU’s single market for goods.
- It keeps the Irish land border open but means products arriving into Northern Ireland from the rest of the UK are subject to checks and controls.
- The checks made trade between Great Britain and Northern Ireland cumbersome.
- Features of Windsor Framework: The framework has two crucial aspects – the introduction of a two lanes system and the ‘Stormont Brake’.
The two lanes:
- Goods from Britain destined for Northern Ireland will travel through a new “green lane”, with a separate “red lane” for goods at risk of moving onto the EU.
- Products coming into Northern Ireland through the green lane would see checks and paperwork significantly reduced.
- Red lane goods would still be subject to checks.
- Bans on certain products – like chilled sausages – entering Northern Ireland from Great Britain would be removed.
- Northern Ireland would also no longer have to follow certain EU rules, for example, on VAT and alcohol duties. The new agreement reduces the proportion of EU rules applied in Northern Ireland to less than 3%.
Stormont brake:
- Under this, the democratically elected Northern Ireland Assembly can oppose new EU goods rules that would have significant and lasting effects on everyday lives in Northern Ireland.
- The brake cannot be used for “trivial reasons” but reserved for “significantly different” rules
- Once the UK tells the EU the brake has been triggered, the rule cannot be implemented.
- It can only be applied if the UK and EU agree.
TOPIC -4 – Heritage Scheme
Recently one archaeologist from USA criticized Adopt a Heritage Scheme of India.
About Adopt a Heritage Scheme:
- The “Adopt a Heritage: Apni Dharohar, Apni Pehchaan” scheme was launched in 2017 on World Tourism Day
- It is a collaborative effort by the Ministry of Tourism, Ministry of Culture, Archaeological Survey of India.
- The project aims to encourage companies from public sector, private sector, corporate citizens, NGOs, individuals and other stakeholders to become ‘Monument Mitras’.
- They will take up the responsibility of developing and upgrading the basic and advanced tourist amenities at these sites as per their interest and viability in terms of a sustainable investment model under CSR.
- The Monument Mitras are selected by the ‘oversight and vision committee,’ co-chaired by the Tourism Secretary and the Culture Secretary.
- The oversight committee also has the power to terminate a memorandum of understanding in case of non-compliance or non-performance.
TOPIC -5 – What is new in RTI Act?
Recently, Madras HC said RTI Act will not apply to cooperative societies.
Why in News?
- The Madras High Court has set aside an order passed by Tamil Nadu State Information Commission directing a cooperative society to disclose information under the Right to Information (RTI) Act of 2005.
The Right to Information Act, 2005:
- The basic objective of RTI Act is to empower the citizens, promote transparency and accountability in the working of the Government.
- In view of it parliament passes an act called Right to Information (RTI) Act in June, 2005.
- Salient Features :
- All citizens possess the right to information.
- Applicabilty:
- All Central, State and local level bodies which are set up under the Constitution or under any other State or Central statue, which includes even bodies like the President, the legislature and the judiciary and all related Ministries, departments and agencies.
- Anybody owned, controlled or substantially financed or any non-Government organization substantially financed directly or indirectly by Government. This includes private bodies which receive funding from the Government.
- Exemption:
- Some bodies such as security or intelligence agencies
- It requires that PIOs shall provide information within 30 days but applications requesting information regarding a citizen’s life and liberty must be granted or refused within 48 hours.
TOPIC -6 – Pradhan Mantri Bhartiya Janaushadhi Kendras
Union Health Minister recently said that the number of Pradhan Mantri Bhartiya Janaushadhi Kendras (PMBKs) has increased to 9,082 as on January 31, 2023.
About Pradhan Mantri Bhartiya Janaushadhi Kendras (PMBKs):
- PMBKs are set up under Pradhan Mantri Bhartiya Janaushadhi Pariyojana, which was launched by the Department of Pharmaceuticals, Ministry of Chemicals and Fertilizers in November 2008.
- Objective: To provide quality medicines at affordable prices for all, particularly the poor, so as to reduce out-of-pocket expenses in healthcare.
- PMBKs provides generic drugs, which are available at lesser prices but are equivalent in quality and efficacy as expensive branded drugs.
- All therapeutic medicines are made available from Jan Aushadhi Stores.
- Jan Aushadhi stores also sell allied medical products commonly sold in chemist shops so as to improve the viability of running the Jan Aushadhi store.
- Pharmaceutical & Medical Devices Bureau of India (PMBI) has been established under the Department of Pharmaceuticals, Govt. of India, with the support of all the CPSUs for co-coordinating procurement, supply, and marketing of generic drugs through the PMBKs.
Who can open a Jan Aushadhi Kendra?
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- State Governments or any organization / reputed NGOs / Trusts / Private hospitals / charitable institutions / Doctors / Unemployed pharmacists/ individual entrepreneurs are eligible to apply for the new Jan Aushadhi Kendra.
- The applicants shall have to employ one B Pharma / D Pharma degree holder as Pharmacist in their proposed store.
TOPIC -7 – CE-20 cryogenic engine
ISRO recently conducted a flight test of cryogenic engine for the Chandrayan-3 mission.
About CE-20 cryogenic engine:
- It has been designed and developed by the Liquid Propulsion Systems Centre (LPSC) , a subsidiary of ISRO.
- It will power the Cryogenic Upper Stage of the LVM3 launch vehicle for the Chandrayaan-3 mission.
- It is the first Indian cryogenic engine to feature a gas-generator cycle.
- It is one of the most powerful upper-stage cryogenic engines in the world.
- This engine develops a nominal thrust of 186.36 kN in vacuum.
What is a Cryogenic stage?
- The cryogenic stage is technically a very complex system due to its use of propellants at extremely low temperatures and the associated thermal and structural problems.
- It uses liquid fuels that are cooled to very low temperatures.
- A Cryogenic rocket stage is more efficient and provides more thrust for every kilogram of propellant it burns compared to solid and earth-storable liquid propellant rocket stages.
Chandrayaan-3 Mission:
- Chandrayaan-3 is India’s third moon mission and is a follow-on mission to Chandrayaan-2 to demonstrate end-to-end capability in safe landing and roving on the lunar surface.
- Chandrayaan-3 mission has three major modules — the Propulsion module, Lander module, and Rover.
- The mission is slated to be launched later this year by Launch Vehicle Mark 3 (LMV3) from the Satish Dhawan Space Centre at Sriharikota.
TOPIC -8 – First G- 20 Anti-Corruption Working Group Meeting (ACWG)
The First Anti-Corruption Working Group Meeting (ACWG) of G-20 is set to take place in Gurugram, Haryana, from 1st to 3rd March 2023.
About the first G- 20 ACWG Meeting:
- It is under India’s chairpersonship, and Italy is the co-chair country.
- Over 90 delegates from 20 member countries, 10 Invitee countries, and 9 International Organizations will engage in detailed deliberations on strengthening International Anti-corruption mechanisms.
- Focus areas:
- Enhancing the effectiveness of asset-tracing and identification mechanisms;
- Developing mechanisms for rapid restrain of illicit assets;
- Promoting effective use of open-source information and asset recovery networks;
- The theme of India’s G20 Presidency is – “VasudhaivaKutumbakam” or “One Earth. One Family, One Future”.
Background of ACWG:
- The G20 Anti-Corruption Working Group (ACWG) was set up in June 2010 at the Toronto Summit.
- G20 ACWG has been at the forefront of guiding the anti-corruption initiatives of G20 countries
- Primary Goal: To prepare “comprehensive recommendations for consideration by leaders on how the G20 could continue to make practical and valuable contributions to international efforts to combat corruption.”
- ACWG will explore the proactive sharing of information, improving the existing Mutual Legal Assistance framework and simplifying mechanisms for sharing of information between domestic law enforcement authorities in criminal matters.
- The ACWG actively works with the World Bank Group, OECD, UNODC, IMF, and FATF, as well as with Business 20 (B20) and the Civil Society 20 (C20).
TOPIC -9 – Grievance Appellate Committee (GAC)
The Ministry of Electronics and Information Technology recently launched the Grievance Appellate Committee (GAC) portal under the IT Rules, 2021.
About Grievance Appellate Committee (GAC):
- The GAC was one of the provisions in the recently amended Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
- GAC will look into user complaints regarding unsatisfactory grievance redressal by social media intermediaries.
- Three such bodies have been constituted of professionals from various fields.
- Each GAC will comprise three government-appointed, full-time members, including a chairperson.
- Any user aggrieved by a decision of a platform’s Grievance Officer can appeal to the GAC within 30 days of the receipt of communication from the Grievance Officer.
- The Committee has to dispose of the appeals within 15 days of receiving them.
- GAC’s decisions will be binding on the intermediary.
GAC portal:
- The GAC will be a virtual Digital platform that will operate only online and digitally — wherein the entire appeal process, from the filing of the appeal to the decision thereof, shall be conducted digitally through the new portal https://gac.gov.in.
- The new portal lists out detailed FAQs for the convenience of users.
- The appellants can track the status of their appeal through the Appellant Login window.
- GAC will upload its order on the portal, and the appellant will receive notification of the same by SMS and email
TOPIC -10 – QR-Code based Coin Vending Machine (QCVM)
RBI recently announced its plan to launch a pilot project to assess the functioning of QR-code based coin vending machines (QCVM).
About QR-Code based Coin Vending Machine (QCVM):
- QCVM is a cashless coin dispensation machine that would dispense coins with the requisite amount being debited from the customer’s account using United Payments Interface (UPI).
- It will eliminate the need for physical tendering of banknotes and their authentication.
- It will be launched with an aim to promote the distribution of coins and enhance the accessibility to coins.
- Customers will also have the option to withdraw coins in required quantity and denominations in QCVMs.
- The pilot project is planned to be initially rolled out at 19 locations in 12 cities across the country.
- These vending machines are intended to be installed at public places such as railway stations, shopping malls, and marketplaces to enhance ease and accessibility.
TOPIC -11 – Inji gramam Scheme
Kulathoor, an agrarian village near Thiruvananthapuram well known for its paddy and banana, is rooting for ginger.
- Ginger is mostly grown in Idukki district and in leased lands in Karnataka by Keralite farmers.
- Inji gramam project was launched in March 2022 under the Panchayat’s People’s Plan.
- ‘Inji gramam’ (Ginger village) is an initiative of the panchayat and Kulathoor Krishi Bhavan.
- The scheme is a pilot project in which 250 farmers of Kulathoor grama panchayat, were selected to cultivate ginger.
- Nearly 10 tonnes (10,000 kilograms) have been harvested from the first crop.
- Ginger – Ginger is a perennial aromatic rhizome.
- Ginger is propagated from seed rhizomes.
- It takes 8 to 10 months to harvest the crop.
- Poultry manure, cow dung and dry leaves are used as manure.
TOPIC -12 – MeitY launches GAC
The Ministry of Electronics & Information Technology (MeitY) launched the Grievance Appellate Committee, a faceless dispute resolution mechanism.
- Grievance Appellate Committee (GAC) is a faceless (online) dispute resolution mechanism.
- GAC makes digital platforms (big and small), accountable to Digital Nagriks (users).
- Act – The GAC was one of the provisions in the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
- GAC aims to ensure a Safe, trusted and accountable internet for Indian users.
- So far, 3 such bodies have been constituted comprising of professionals from various fields.
- Composition – The GAC is a 3-member committee.
- It consists of a chairperson and 2 whole-time members appointed by the Central Government.
- In which one will be a member ex-officio and two will be independent members.
- Process – The users may file their appeal through the GAC’s online platform.
- The users can also track their appeal through the appellant login window in the platform.
- GACs can also be accessible through the Common Service Centres (CSCs).
- Function – The GAC deals with the appeals of users aggrieved by decisions of Grievance Officers of social media intermediaries and other intermediaries.
- All the decisions of GAC will be uploaded on website and accessible to the public.
- Duration – The users can file an appeal with the GACs within a period of 30 days from the date of receipt of communication from the intermediary’s Grievance Officer.
- This Committee will subsequently endeavour to address the user’s appeal within a period of 30 days.
TOPIC -13 -Proton Beam Therapy
Cancer patients in India face twin challenges in accessing proton beam therapy (PBT)
- Proton beam therapy (PBT) represents a very sophisticated form of modern radiation therapy.
- PBT offers the highest degree of precision and efficacy in cancer treatment.
- The PBT is considered a viable alternative to radiation for treating solid tumours, especially for head and neck cancers.
- Unlike radiation which uses X-rays, PBT uses protons to tackle cancer.
- While radiation can prove toxic to the whole body, protons can destroy cancer cells precisely by targeting tumours, thus saving adjoining organs.
- PBT in India – Currently there are 42 PBT machine installations in the U.S., followed by Europe (35), Japan (26), China (7), Taiwan (3) and South Korea (2) and India has only one.
- Apollo Hospital in Chennai is the only centre in the whole of South and West Asia offering the PBT.
- Government Initiative – Indian government to install a PBT unit in the All India Institute of Medical Sciences (Jhajjar) – Shelved.
- The foundation stone was laid for PBT unit at the National Hadron Beam facility of Tata Memorial Hospital in Navi Mumbai in 2014.
TOPIC -14 -Sunabeda Wildlife Sanctuary
The strawberry harvest is done by farmers who live in one of the 56 villages in the tropical deciduous forest of the Sunabeda Wildlife Sanctuary.
- The Sunabeda plateau is largely a grass-covered plateau 3,000 feet above sea level, along the Odisha-Chhattisgarh border
- The Sunabeda wildlife sanctuary is in Nuapada district, Odisha adjoining Udanti and Sitanadi Sanctuaries of Chhatisgarh State.
- The sanctuary houses canyons and 11 waterfalls apart from diverse wildlife.
- The sanctuary forms the catchment area of the Jonk, Sunder and Indra rivers.
- Fauna – Tigers, swamp deer, leopards, gaurs, sloth beer, barking deer, common langur and rhesus monkeys.
- Birds – The sanctuary is home to vultures, hill mynah, patridge, and pea fowls.
- It forms a migration link for wild buffaloes across the two states of Odisha and Chhatisgarh.
- The Chuktia Bhunjia tribes lives inside the sanctuary.
Chuktia Bhunjia tribe
- Chuktia Bhunjia tribe is one of 13 PVTGs found in Odisha.
- The Chuktia Bhunjia Development Agency (CBDA) works for the development of the tribe, especially in livelihood programmes.
TOPIC -15 -Methane Global Tracker Report
The International Energy Agency (IEA) released their annual Methane Global Tracker Report.
- According to the International Energy Agency’s (IEA) annual Methane Global Tracker report, the fossil fuel companies have done almost nothing to curb the emissions despite their pledge to do so.
- The report shows that some progress is being made but that emissions are still far too high and not falling fast enough.
- But fossil fuel companies failed to take any substantial action regarding the issue.
The fossil fuel companies emitted 120 million metric tonnes of methane into the atmosphere in 2022, only slightly below the record highs seen in 2019.
- Findings – The energy sector accounts for around 40% of the total average methane emissions from human activity.
- More than 260 billion cubic metres (bcm) of natural gas (mostly composed of methane) is wasted through flaring and methane leaks globally.
- 80% of the available options to curb the release of methane could be implemented by the fossil fuel industry at net zero cost.
- Ultimately, reducing 75% of the wastage of natural gas could lower global temperature rise by nearly 0.1 degree Celsius by mid-century.
- Methane – Methane (CH4) is a hydrocarbon.
- Methane is a greenhouse gas, which is responsible for 30% of the warming since preindustrial times, second only to carbon dioxide.
- Methane is 80 times more potent at warming than carbon dioxide.
- Carbon dioxide remains in the atmosphere for much longer than methane, but methane is roughly 25 times more powerful at trapping heat in the atmosphere.
- Methane cuts are among the cheapest options to limit near-term global warming.
TOPIC -16 -Attukal Pongala
| The annual Pongala festival is celebrated in the month of February-March is going to take place in Kerala.
About the festival:
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TOPIC -17 -India’s first DNA vaccine for Dengue
| In a significant development in DNA vaccination research, India’s first and only DNA vaccine candidate for dengue has shown promising results.
About:
How a DNA vaccine works?
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TOPIC -18 -Proton beam therapy
To access the proton beam therapy (PBT), there are not enough facilities offering the treatment, and the cost is also very high.
What is proton beam therapy?
- Proton therapy, also called proton beam therapy, is a type of radiation therapy.
- It uses protons rather than x-rays to treat cancer.
- A proton is a positively charged particle. At high energy, protons can destroy cancer cells.
- Like x-ray radiation, proton therapy is a type of external-beam radiation therapy.
- Proton beam therapy enables a dose of high energy protons to be precisely targeted at a tumour, reducing the damage to surrounding healthy tissues and vital organs which is an advantage in certain groups of patients or where the cancer is close to a critical part of the body such as the spinal cord.
DAILY EDITORIAL BITS
EDITORIAL – 1 – International courts and climate change
Context
- Vanuatu – an island country in the South Pacific Ocean, recently led a draft UN resolution requesting an advisory opinion from the International Court of Justice (ICJ) on state’s legal obligation for climate action.
- The article however put emphasis to exercise caution while seeking such advisory opinions as these may turn out to be double-edged swords depending on the kind of verdict delivered.
More about the Draft Resolution
- The draft resolution requests the ICJ’s opinion on legal obligations of states to ensure the protection of the climate system based on a number of global treaties and principles of international law.
- These include the UN Charter, the UN climate convention, the Paris Agreement and the UN Convention of the Law of the Sea (UNCLOS).
- It also asks ICJ to lay out legal consequences for the countries that “by their acts and omission” have caused significant harm to the climate system.
- The resolution thus aims to establish the legal avenues for climate justice for present and future generations.
- It was prepared with a broad coalition of 16 countries, including Angola, Bangladesh, Germany, Mozambique, New Zealand, Portugal and Vietnam and a number of small island states.
What was the Need for Draft Resolution?
- Vanuatu is facing sea level rise and increasingly powerful cyclones that periodically cripple its economy and threaten its population of just over 3 lakh people.
- As emissions rise and the world remains off track to meet its climate goals, overheating is threatening the archipelago’s ecology, livelihoods and infrastructure.
- Earlier this year, in its updated 2030 climate plan, Vanuatu set out $178 million worth of measures it wants to take to respond to loss and damage.
- For example, including affordable micro-insurance, essential healthcare, relocation of communities away from threats.
- The international community has fallen short of delivering concrete solutions and acting together on the issue of climate change.
- For instance, the recently concluded 27th UN Climate Change Conference (COP-27) failed to resolve differences of nations on critical issues such as reducing greenhouse gas emissions.
Jurisdiction of ICJ
- The ICJ has two types of jurisdictions as follows:
- Contentious jurisdiction: It refers to resolving legal disputes between consenting states and decisions given under it are binding.
- Advisory jurisdiction: Under this, the UN General Assembly (UNGA), the Security Council (SC) and other specialized bodies of the organization can request the ICJ for an opinion on a legal question.
- The ICJ’s advisory opinions are non-binding, yet they carry normative weight and clarify international law on a relevant issue.
- Thus, ICJ’s advisory opinion on climate change could be a powerful way of driving countries globally to take stronger climate action.
- It will also strengthen vulnerable countries’ position in international negotiations and come handy in climate-related litigation at the national level.
What are the Legal Questions Posed by Vanuatu’s Draft Resolution?
- What are the international law obligations of countries toward the protection of the climate system from anthropogenic emissions of greenhouse gases for the present and future generations?
- The ICJ while answering this question may not only interpret and clarify the existing international environmental treaties but also use the general and customary international law (CIL) to fill the gaps in these treaties.
- For instance, the ICJ can use the ‘no-harm’ principle where states are under an obligation that activities within their jurisdiction do not damage other countries to clarify ambiguous terms in the Paris Agreement.
- The ICJ while clarifying legal consequences of violating international obligations seek to determine the price that states should pay for not honouring their international legal obligations on climate change.
- However, the connection between funding and the historical responsibility of developed countries in emissions is yet to be determined.
- There is little clarity on which countries will provide the funding to financially assist vulnerable developing countries.
- The ICJ can thus predictably elaborate on the legal principles that might help the operationalization of the ‘loss and damage’ fund that was agreed at COP-27 of the UN climate negotiations.
- Loss and damage refer to costs the rich and developed countries, who are majorly responsible for industrial emissions, should pay to poorer nations that have made negligible contribution to pollution but are more vulnerable to extreme climate events.
What are the Other Advisory Options Sought?
- The Commission of Small Island States on Climate Change and International Law (COSIS), comprising countries like Antigua and Barbuda and Tuvalu, has also sought the advisory opinion of the International Tribunal for the Law of the Sea (ITLOS).
- ITLOS is a Hamburg-based self-governing judicial body established by the 1982 UNCLOS.
- ITLOS has been requested to determine the specific obligations of the countries under UNCLOS about preventing, controlling, and reducing pollution of the marine environment.
- This is because the challenges of ocean warming, sea level rise and ocean acidification are all linked to the marine environment.
Conclusion
- As part of a multi-pronged approach to save planet, the role of international courts should be welcomed. Developed countries and groupings like the G-20 should also support these laudable initiatives of the SID states.
- Environment and climate sustainability being important themes of G-20, India, as its president, should take a lead given its relentless emphasis on LiFE (developing environment-friendly lifestyle) campaign.
EDITORIAL – 2 -India-Britain exchange scheme
Context
Ahead of the G-20 foreign ministers’ meeting in New Delhi, the external affairs minister announced UK-India 2030 Roadmap, which aims to bolster the two countries’ ties in defence and security, trade and investment.
- Britain has also announced UK’s first Tech Envoy to the Indo-Pacific region, who will boost ties with India as a priority.
About
The Young Professionals Scheme:
- Under the scheme, the U.K. will offer about 3,000 degree-holding Indians in the 18–30-year age group places to work in the U.K. for up to two years.
- The scheme will commence in early 2023. Both India and UK will allow young professionals in their Countries to hold degree programs.
- India is the first country to benefit from such a scheme, highlighting the strength of the UK-India Migration and Mobility Partnership agreed upon last year.
- Objective: The Young Professionals Programme is a recruitment initiative aiming to improve geographical representation, and promote gender parity in the Organization at the international level.
| Significance: This landmark migration scheme will enable the brightest and best in both countries to benefit from new opportunities. |
India-UK ties on Skill development:
- Education: Education is an essential plank of the India-UK bilateral relationship. Over the last 10 years, the relationship has grown substantially with the introduction of bilateral mechanisms such as the India-UK Education Forum UK-India Education and Research Initiative (UKIERI).
- Indian Students: UK has traditionally been a favourite destination for international students.
| At present, there are approximately 20,000 Indian students pursuing Undergraduate and Postgraduate courses in the UK. |
Other Government Initiatives to attract International students:
- HEFA (Higher Education Finance Agency) is a welcome step in providing finance to premier educational institutions to create high-quality infrastructure and innovation ecosystems.
- Student Insurance Schemes: Contrary to popular opinion, many students who study abroad are not from wealthy families; they take expensive loans to finance their education.
- The aspiration to secure better exposure and the future can render them prone to difficulties.
- A mandatory student insurance scheme, as well as responsibility for the welfare of students in the foreign country, should be incorporated into agreements to secure the interests of students who also spend considerably in the host country
EDITORIAL – 3 -IEA’s annual report
Context
Recently, the International Energy Agency (IEA) released its report for the year 2022, setting an alarm for global carbon emitters.
About
Key findings of the report:
- Around 40% of all average human activity-related methane emissions come from the energy industry.
- The greenhouse gas is also released throughout the drilling, extraction, and transportation processes through leaks from valves and other equipment.
- By applying well-known procedures like leak detection and repair programmes and updating leaky equipment, emissions in the oil and gas sector can be reduced by over 75%.
- Ultimately reducing 75 per cent of the wastage of natural gas could lower global temperature rise by nearly 0.1 degree Celsius by mid-century.
- For industries: 80 per cent of the available options to curb the release of methane could be implemented by the fossil fuel industry at net zero cost.
About Methane:
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Initiatives to tackle Methane emissions:
- National Action Plan on Climate Change (NAPCC): The NAPCC was established in 2008 with the goal of raising awareness of the threat posed by climate change and the means to counter it
- ‘HaritDhara’ (HD): The HaritDhara (HD) anti-methanogenic feed supplement was created by the Indian Council of Agricultural Research (ICAR). It can increase milk output while reducing the methane emissions from cattle by 17 to 20%.
- India Greenhouse Gas Program: The India GHG Program is an industry-led voluntary framework to quantify and manage greenhouse gas emissions.
- It is run by the non-profit organisation WRI India, the Confederation of Indian Industry (CII), and The Energy and Resources Institute (TERI).
- Bharat Stage-VI: India changed its emission standards from Bharat Stage-IV (BS-IV) to Bharat Stage-VI (BS-VI).
- Global Methane pledge: About 100 nations joined forces in a voluntary pledge to reduce methane emissions by at least 30% from the levels in 2020 by 2030 at the Glasgow climate conference (UNFCCC COP 26) in 2021.
EDITORIAL – 4 -Regulating online sale of drugs
Context
Recently, the Ministry of Health has asked the pharma giants to ban the sale of online drugs/medicines, after the All India Organisation of Chemists and Druggists (AIOCD), a powerful lobby of over 12 lakh pharmacists, threatened to launch a country-wide agitation against the government.
About
About the e-pharmacy culture in India:
- In the past eight years, the market penetration of e-pharmacies has seen single-digit growth from 3% to 5%.
- The concept of e-pharmacy has boomed during the COVID times when medicines were needed at doorsteps.
| After, these e-pharmacies gave competition to retail and physical stores, the Ministry of Health in early February 2023 pulled up at least twenty companies including Tata-1mg, Flipkart, Apollo, PharmEasy, Amazon and Reliance Netmeds, by issuing them a show cause notice, for selling medicines online. |
Prospects and Benefits of E-pharmacy:
- Economic Potential: At present, e-Pharmacy is at its nascent stage in India, but like other e-commerce categories, it has the potential to be a very large industry segment in the near future.
- According to the Federation of Indian Chambers of Commerce and Industry (FICCI), the online pharmacy model could account for 5-15% of the total pharma sales in India.
- The major factors driving the growth of the sector are a large population with unmet medical needs, increasing internet penetration in both urban and rural areas and changing consumer needs.
Benefits to consumers:
- Increased Convenience: E-pharmacy enables consumers to order medicines in a convenient manner, from their mobile or computer.
- Increased Access: Online platforms can aggregate supplies, making otherwise hard-to-find medicines available to consumers across India. Further, e-Pharmacies also enable access to rural areas where there is a limited presence of retail pharmacies.
- Improved drug information and patient Awareness: E-pharmacies have the technology infrastructure to provide value-added information to consumers, such as drug interactions, side effects, medicine reminders, and information on cheaper substitutes
- Affordability: The e-pharmacy model reduces working capital, overhead costs, and trade margins for pharmacists. This finally translates into a cost advantage for consumers.
Issues with E-pharmacies in India:
- Regulatory issues: Medicines come under the purview of the Drugs and Cosmetics Act, of 1940. However, the current Drugs and Cosmetics Act, of 1940 doesn’t explicitly deal with e-pharmacies.
- Thus, there is no clear-cut guidelines to regulate, control and monitor e-pharmacies in India.
- Promotion of self-medication: There are concerns that e-pharmacies will encourage self-medication or irrational use of medicines which is already a common practice in India
- Misuse:
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- Prescriptions submitted to e-pharmacies may be fake, and it could be difficult to verify their authenticity.
- There are concerns that scheduled drugs can be reordered and misused by consumers leading to drug abuse and other criminal activities.
- Fake/Illegal sites and substandard medicines: There are concerns over fake or illegal sites coming up thus undermining consumer interest. Further, there are concerns over substandard and counterfeit drugs being sold.
- Effect on retail sellers: The growth of e-pharmacies has given rise to concerns among retail sellers that their business would be adversely affected as they would not be able to compete with the discounted pricing provided by online platforms.
- Privacy issues: There are medical privacy concerns associated with the online transactions of drugs as the patient’s medical history could be leaked.
Draft rules for E-pharmacy 2018:
- Definition of E-pharmacy: “business of distribution or sale, stock, exhibit or offer for sale of drugs through a web portal or any other electronic mode”
- Mandatory Registration: The draft rules make it mandatory for e-pharmacy businesses to register with the Central Licensing Authority
- Data Localization: It mandates e-pharmacy portals to be established in India through which they are conducting their business and the data generated has to be kept localised.
- Privacy: It states that the details of the patient should be kept confidential and not to be disclosed to any third party except the central government or the state government concerned.
- Prescriptions: For carrying out the sale of prescription drugs (i.e. drugs listed under Schedule H, H1 of the Drugs and Cosmetic Rules) a prescription by a Registered Medical Practitioner has to be uploaded by the customer.
- Prohibition on sale of certain drugs: The sale of drugs covered by the Narcotic Drugs and Psychotropic Substances Act, 1985, tranquillizers and drugs listed under Schedule X has been prohibited.
| Note: Schedule X drugs include narcotics and psychotropic substances. |
- Prohibition on Advertisement: Advertisement of drugs is prohibited on any media for any purpose by an e-pharmacy.
- Compliance with the IT Act: E-pharmacies have to comply with the provisions of the Information Technology Act, 2000 (IT Act) and Rules.
- 24*7 helpline: The rules state that complete information on the medicines will have to be provided by the e-pharmacy holders and a 24/7 helpline should be made available.
EDITORIAL – 5 – Grievance Appellate Committee (GAC) portal: To report unresolved social media complaints goes live
Why in News?
- Marking a shift in how social media content is moderated in India, the Ministry of Electronics and Information Technology (MeitY) launched the Grievance Appellate Committee (GAC) portal under the IT Rules, 2021.
- This will allow people, who are dissatisfied with complaints to social media companies on content takedown requests, to be heard by one of three Committees constituted by the government.
What is the Background in which the Portal Launched?
- The IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 were amended last year to require social media companies to respect the rights accorded to the citizens under the Indian Constitution (Articles 14, 19 and 21).
- The initial proposal had stemmed from users’ complaints about being de-platformed or being removed from a social media site, without companies giving them an adequate avenue of hearing.
- Three Committees were formed to receive complaints to put these amendments into action.
- The IT Rules already require platforms to have a process for accepting complaints against content and appeals against takedowns from users.
- However, companies’ decisions in response to these appeals, will now ultimately be subject to the GACs’ orders.
- According to experts, this is a case of substantive statutory provisions being formulated through the process of subordinate legislation without any parliamentary debates.
- The MeitY has indicated that it is working on a “Digital India Bill” to give a firmer statutory backing to the IT Rules and other digital lawmaking.
Why is the GAC Portal Launched and How will it Operate?
- Looked over by 3 grievance appellate committees (GACs), the portal (gac.gov.in) is an extension of the government’s views, policies and vision about creating easier ways of the grievance redressal of Digital Nagrik.
- Anyone aggrieved by a decision of the grievance officer (of a social media platform) will be allowed to file an appeal to the GAC within a period of 30 days.
- The GAC will have to deal with the appeal and resolve it within a month of the receipt of the appeal.
- The first panel, which will look into complaints related to national security, will be chaired by the chief executive officer of the Indian Cyber Crime Coordination Centre under the Ministry of Home Affairs.
- The second panel will focus on complaints related to fake news and misinformation and will be chaired by the joint secretary in charge of the Policy and Administration Division in the Ministry of Information and Broadcasting.
- The third panel will be chaired by Kavita Bhatia, a senior scientist at the MeitY and will be responsible for handling complaints that do not fall under the ambit of the other two committees.
- GACs can also seek assistance from people who may have adequate expertise and experience in a subject matter while dealing with users’ appeals.
- The GACs will adopt an “online dispute resolution mechanism” where the entire appeal process, from its filing to the final decision, will be done online.
EDITORIAL – 6 – Right Against Self-Incrimination
Why in news?
- Earlier, a special CBI judge had granted CBI Sisodia’s custody on the grounds that he had failed to provide satisfactory answers during investigation.
- The court had rejected Sisodia’s arguments that he had a right against self-incrimination.
What is an individual’s right against self-incrimination?
- Background:
- The right against self-incrimination has its origins in Roman law, and evolved as a distinct right in the English jurisprudence.
- The Fifth Amendment in the United States Constitution says “No person shall be compelled in any criminal case to be a witness against himself”
- About:
- A declaration or an act that occurs during an investigation where a person or witness incriminates themselves either explicitly or implicitly is known as self-incrimination.
- In simpler words, it is the act of implicating or exposing one’s own self to criminal prosecution.
- This right is based on the Latin maxim that ‘No one is obligated to blame himself’.
- Right against Self-incrimination in India
- Article 20(3) in Part III (Fundamental Rights) of the Indian Constitution says, “No person accused of any offence shall be compelled to be a witness against himself”.
- The right to be presumed innocent until proven guilty, and the right to remain silent in an interrogation essentially flow from this constitutionally guaranteed right against self-incrimination.
- This right also ensures that police cannot coerce anyone to confess to a crime, and obtain a conviction based on that confession.
How does the right against self-incrimination apply in criminal cases?
- The onus of proving the case against the accused beyond reasonable doubt is on the state.
- Hence, a person cannot be compelled to testify against himself or share information that might go against him in a trial.
- To be a witness is different from furnishing evidence
- In The State of Bombay versus Kathi Kalu Oghad case, SC ruled that obtaining photographs, fingerprints, signatures, and thumb impressions would not violate the right against self-incrimination of an accused.
- The court distinguished “to be a witness” from “furnishing evidence”.
- In 2019, SC ruling in Ritesh Sinha versus State of Uttar Pradesh broadened the parameters of handwriting samples to include voice samples.
- SC held that this would not violate the right against self-incrimination.
- Narcoanalysis test and collection of DNA
- In Selvi v State of Karnataka, the apex court held that a narcoanalysis test without the consent of the accused would amount to violation of the right against self-incrimination.
- However, obtaining a DNA sample from the accused is permitted.
News Summary:Right Against Self-Incrimination
- Recently, the CBI told the special court that it would need custody of the Delhi Deputy CM since he was evasive during the interrogation.
- This was opposed by the accused on the ground that Indian Constitution granted him the right against self-incrimination. Hence, this cannot be a ground for remand.
- In the order granting remand, judge of the special court sought to differentiate between giving legitimate answers and protecting the right against self-incrimination.
- The judge did not elaborate on what would be counted as “legitimate” answers.
On what grounds did the SC refused to hear Sisodia’s plea?
- The SC refused to hear a plea by Delhi Deputy CM Manish Sisodia seeking bail in the excise policy case after a Delhi court remanded him in CBI custody till March 4.
- The apex court disapproved of Sisodia approaching it directly under Article 32 of the Constitution when the remedy of moving the High Court under Section 482 of the CrPC was available to him.
- Article 32 deals with the ‘Right to Constitutional Remedies’.
- This article affirms the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred in Part III (Fundamental Right) of the Constitution.
- SC was of the view that the present case pertains to the Prevention of Corruption Ac It does not involve the infringement of Fundamental Right.
- Hence, the remedy of moving the High Court under Section 482 of the CrPC was available to the accused and the accused can not approach SC directly under Article 32.
- Section 482 CrPC – No provision in the CrPC can limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.