SC Examines Allegations of Rampant Misuse of PMLA
Context:
The Supreme Court is looking into allegations of metamorphosis of an anti-money laundering law, brought to sniff out drug money, into a potent weapon to raid rivals and deny rights.
- A three-judge Bench is holding back-to-back hearings on petitions filed by people from all walks of life and across the country complaining of the alleged subversion of the Prevention of Money Laundering Act (PMLA) by the government and the Enforcement Directorate (ED).
Relevance:
GS-III: Internal Security Challenges (Money Laundering),
GS II: Governance
Dimensions of the Article:
- Prevention of Money Laundering Act (PMLA), 2002
- Enforcement Directorate
- Functions of Enforcement Directorate
Prevention of Money Laundering Act (PMLA), 2002
- According to the Prevention of Money Laundering Act (PMLA) 2002, Money laundering is concealing or disguising the identity of illegally obtained proceeds so that they appear to have originated from legitimate sources.
- It is frequently a component of other, much more serious, crimes such as drug trafficking, robbery or extortion.
- Money laundering is punishable with rigorous imprisonment for a minimum of 3 years and a maximum of 7 years and Fine under the PMLA.
- The Enforcement Directorate (ED) is responsible for investigating offences under the PMLA.
- The Financial Intelligence Unit – India (FIU-IND) is the national agency that receives, processes, analyses and disseminates information related to suspect financial transactions.
- After hearing the application, a special court (designated under the Prevention of Money Laundering Act PMLA, 2002) may declare an individual as a fugitive economic offender and also confiscate properties which are proceeds of crime, Benami properties and any other property, in India or abroad.
- The authorities under the PMLA, 2002 will exercise powers given to them under the Fugitive Economic Offenders Act.
- These powers will be similar to those of a civil court, including the search of persons in possession of records or proceeds of crime, the search of premises on the belief that a person is an FEO and seizure of documents.
Enforcement Directorate
- The Directorate of Enforcement (ED) is a law enforcement agency and economic intelligence agency responsible for enforcing economic laws and fighting economic crime in India.
- It is part of the Department of Revenue, Ministry of Finance, Government Of India.
- It is composed of officers from the Indian Revenue Service, Indian Corporate Law Service, Indian Police Service and the Indian Administrative Service.
- The origin of this Directorate goes back to 1 May 1956, when an ‘Enforcement Unit’ was formed, in Department of Economic Affairs, for handling Exchange Control Laws violations under Foreign Exchange Regulation Act, 1947.
- In the year 1957, this Unit was renamed as ‘Enforcement Directorate’.
Functions of Enforcement Directorate
- The prime objective of the Enforcement Directorate is the enforcement of two key Acts of the Government of India namely, the
- Foreign Exchange Management Act 1999 (FEMA)
- the Prevention of Money Laundering Act 2002 (PMLA).
- The ED’s (Enforcement Directorate) official website enlists its other objectives which are primarily linked to checking money laundering in India.
- In fact this is an investigation agency so providing the complete details on public domain is against the rules of GOI.
- ED; investigates suspected violations of the provisions of the FEMA.
- Suspected violations includes; non-realization of export proceeds, “hawala transactions”, purchase of assets abroad, possession of foreign currency in huge amount, non-repatriation of foreign exchange, foreign exchange violations and other forms of violations under FEMA.
- ED collects, develops and disseminates intelligence information related to violations of FEMA, 1999. The ED receives the intelligence inputs from Central and State Intelligence agencies, complaints etc.
- ED has the power to attach the asset of the culprits found guilty of violation of FEMA.
- “Attachment of the assets” means prohibition of transfer, conversion, disposition or movement of property by an order issued under Chapter III of the Money Laundering Act [Section 2(1) (d)].
- To undertake, search, seizure, arrest, prosecution action and survey etc. against offender of PMLA offence.
- To provide and seek mutual legal assistance to/from respective states in respect of attachment/confiscation of proceeds of crime and handed over the transfer of accused persons under Money Laundering Act.
- To settle cases of violations of the erstwhile FERA, 1973 and FEMA, 1999 and to decide penalties imposed on conclusion of settlement proceedings.
Sri Ramanujacharya
Context:
President has expressed confidence that Srirama Nagaram, the venue of the Statue of Equality — the 216-ft pancha loha statue of poet saint Sri Ramanujacharya — would become a renowned spiritual destination for people from across the country and abroad.
Relevance:
GS I- Art and Culture, History
Dimensions of the article:
- About Statue of Equality
- About Sri Ramanuja
- About Bhakti movement
About Statue of Equality
- It is being installed to mark the 1,000th birth anniversary of Sri Ramanuja.
- It is a 216-feet tall statue and was built of panchaloha, a combination of gold, silver, copper, brass and zinc, by the Aerospun Corporation in China and shipped to India.
- It is the second largest in the world in sitting position of the saint.
- The monument will be surrounded by 108 “Divya Desams” of Sri Vaishnavite tradition (model temples) like Tirumala, Srirangam, Kanchi, Ahobhilam, Badrinath, Muktinath, Ayodhya, Brindavan, Kumbakonam and others.
- The idols of deities and structures were constructed in the shape at the existing temples.
- The base building, which is 16.5 metres tall, has a meditation hall where a 54-inch statue of Sri Ramanuja made of 120 kg gold, representing the years he lived, will be inaugurated by President Ramnath Kovind by performing the first puja on February 13.
- The deity at the inner sanctorum is meant for daily worship by people.
About Ramanuja (c. 1017 – 1137 CE)
- Ramanuja, reformer and Vaishnavite saint was born at Sriperumbudur near modern Chennai.
- He preached Vishista Advaitavada (qualified monism).
- His philosophical foundations for devotionalism were influential to the Bhakti movement.
- According to him, God is Saguna Brahman (with attributes) and the creative process including all the objects in creation are real and not illusory as was held by Shankaracharya. Therefore, according to Ramanuja, God, soul, and matter are real. However, God is the inner substance and the rest are his attributes.
- In Vishista Advaitavada, the universe and Brahman are considered two equally real entities, as in dualism, but here the universe is not separate from Brahman but is formed out of Brahman. The Brahman is considered as a personal god with omniscient qualities who has created the world out of his own self. Thus, the world bears to Brahman the relation of the part to the whole, or the relation of a ‘qualified effect’ to the base (hence qualified monism).
- The difference between Dualism and Vishista Advaita is that “mankind enjoys higher status than in pure dualistic worship and is nearer to God”. In Vishista Advaita, both the world and Brahman are considered equally real; they are not considered to be two separate entities as in Dualism.
- Ramanuja advocated prabattimarga or the path of self-surrender to God. He invited downtrodden people to Vaishnavism and advocated salvation by Bhakti.
Important writings include:
- Vedarthasangraha (literally, “Summary of the Vedas meaning”),
- Sri Bhashya (a review and commentary on the Brahma Sutras),
- Bhagavad Gita Bhashya (a review and commentary on the Bhagavad Gita), and
- The minor works titled Vedantapida, Vedantasara, Gadya Trayam (which is a compilation of three texts called the Saranagati Gadyam, Sriranga Gadyam and the Srivaikunta Gadyam), and Nitya Grantham.
Bhakti Movement
- Bhakti movement took place in Tamil Nadu between the seventh and ninth centuries.
- Bhakti saints looked upon religion as love between the worshipped and worshipper.
- Bhakti was reflected in the emotional poems of the Nayanars (devotees of Shiva) and Alvars (devotees of Vishnu).
- A more effective method for spreading the Bhakti ideology was the use of local languages. The Bhakti saints composed their verses in local languages.
- They also translated Sanskrit works to make them understandable to a wider audience.
- Examples include Kabir, Surdas , Tulsidas, Shankaradeva, Chaitanya Mirabai.
Uniform Civil Code
Context
The Uttarakhand CM has promised a uniform civil code for the state if BJP is voted back to power.
Relevance:
GS II- Polity
Dimensions of the Article:
- What is Uniform Civil Code (UCC)?
- Positive aspects of Uniform Civil Code include
- Challenges in Implementing Uniform Civil Code Include
- Does India not already have a UCC for civil matters?
- How does the idea of UCC relate to the Fundamental Right to religion?
What is Uniform Civil Code (UCC)?
- The Uniform Civil Code (UCC) in India proposes to replace the personal laws based on the scriptures and customs of each major religious community in the country with a common set governing every citizen.
- The constitution has a provision for Uniform Civil Code in Article 44 as a Directive Principle of State Policy which states that “The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.”
Article 44 is one of the Directive Principles of State Policy. These, as defined in Article 37, are not justiciable (not enforceable by any court) but the principles laid down therein are fundamental in governance.
Fundamental Rights are enforceable in a court of law. While Article 44 uses the words “state shall endeavour”, other Articles in the ‘Directive Principles’ chapter use words such as “in particular strive”; “shall in particular direct its policy”; “shall be obligation of the state” etc.
Article 43 mentions “state shall endeavour by suitable legislation”, while the phrase “by suitable legislation” is absent in Article 44. All this implies that the duty of the state is greater in other directive principles than in Article 44.
Positive aspects of Uniform Civil Code include
- UCC will divest religion from social relations and personal laws and will ensure equality in terms of justice to both men and women regardless of the faith they practice.
- There will be uniform laws for all Indians with regard to marriage, inheritance, divorce etc.
- It will help in improving the condition of women in India as Indian society is mostly patriarchal
- Informal bodies like caste panchayats give judgements based on traditional laws. UCC will ensure that legal laws are followed rather than traditional laws.
- It can help in reducing instances of vote bank politics. If all religions are covered under same laws, politicians will have less to offer to communities in exchange of their vote.
Challenges in Implementing Uniform Civil Code Include
- Implementation of UCC might interfere with the principle of secularism, particularly with the provisions of Articles 25 and 26, which guarantee freedom relating to religious practices.
- Conservatism by religious groups, which resist such changes as it interferes with their religious practices.
- It is difficult for the government to come up with a uniform law that is accepted by all religious communities. All religious groups- whether majority or minority have to support the change in personal laws.
- Drafting of UCC is another obstacle. There is no consensus regarding whether it should be a blend of personal laws or should be a new law adhering to the constitutional mandate.
Does India not already have a uniform code in civil matters?
- Indian laws do follow a uniform code in most civil matters — Indian Contract Act, Civil Procedure Code, Sale of Goods Act, Transfer of Property Act, Partnership Act, Evidence Act, etc.
- States, however, have made hundreds of amendments and, therefore, in certain matters, there is diversity even under these secular civil laws. Recently, several states refused to be governed by the uniform Motor Vehicles Act, 2019.
- If the framers of the Constitution had intended to have a Uniform Civil Code, they would have given exclusive jurisdiction to Parliament in respect of personal laws, by including this subject in the Union List. But “personal laws” are mentioned in the Concurrent List.
- In 2020, the Law Commission concluded that a Uniform Civil Code is neither feasible nor desirable.
How does the idea of a Uniform Civil Code relate to the fundamental right to religion?
- Article 25 lays down an individual’s fundamental right to religion; Article 26(b) upholds the right of each religious denomination or any section thereof to “manage its own affairs in matters of religion”; Article 29 defines the right to conserve distinctive culture. An individual’s freedom of religion under Article 25 is subject to “public order, health, morality” and other provisions relating to fundamental rights, but a group’s freedom under Article 26 has not been subjected to other fundamental rights.
- In the Constituent Assembly, there was division on the issue of putting Uniform Civil Code in the fundamental rights chapter.
- The matter was settled by a vote. By a 5:4 majority, the fundamental rights sub-committee headed by Sardar Vallabhbhai Patel held that the provision was outside the scope of Fundamental Rights and therefore the Uniform Civil Code was made less important than freedom of religion.
Modernisation of Police Forces Scheme
Context:
The Government under the leadership of Prime Minister has approved continuation of umbrella scheme of Modernisation of Police Forces (MPF) for the period 2021-22 to 2025-26.
- This scheme comprises all relevant sub-schemes that contribute to modernization and improvement with a total Central financial outlay of Rs.26,275 crore.
Relevance:
GS II- Polity and Governance
Dimensions of the Article:
- About Modernisation of Police Forces scheme
- Salient Features of the scheme
About Modernisation of Police Forces scheme:
- Police’ and ‘law and order’ fall under the category of subjects within the domain of the State as per Entry 2 of List II of the VIIth Schedule in the Constitution of India.
- Thus, the principal responsibility for managing these subjects lies with the State Governments.
- However, the States have not been able to fully modernize and equip their police forces upto the desired level due to financial constraints.
- It is in this context that the Ministry of Home Affairs (MHA) has been supplementing the efforts and resources of the States, from time to time, by implementing the Scheme for Modernisation of State Police Forces (MPF Scheme) since 1969-70.
Objectives
- The objective of the scheme is to gradually reduce the dependence of the State Governments on the Army and the Central Armed Police Forces to control internal security and law and order situations by equipping the State Police Forces adequately and strengthening their training infrastructure.
- The focus of the scheme is to strengthen police infrastructure at cutting edge level by construction of secure police stations, training centres, police housing (residential), equipping the police stations with the required mobility, modern weaponry, communication equipment and forensic set-up etc.
Funding Pattern
Under the Scheme, the States are grouped into two categories, namely Category ‘A’ and Category ‘B’ for the purpose of funding.
- Category ‘A’ States, namely, J&K and 8 North Eastern States including Sikkim will be eligible to receive financial assistance on 90:10 Centre: State sharing basis.
- The remaining States will be in Category ‘B’ and will be eligible for financial assistance on 60:40 Centre: State sharing basis.
Salient Features of the scheme are:
- Provision has been made under the Scheme for internal security, law and order, adoption of modern technology by Police, assisting States for narcotics control and strengthening the criminal justice system by developing a robust forensic set-up in the country.
- The Scheme for modernization of State police forces has a Central outlay of Rs.4,846 crore.
- To develop operationally independent high-quality forensic sciences facilities in States/Union Territories for aiding scientific and timely investigation through modernization of resources.
- A central Scheme for Modernisation of Forensic Capacities with outlay of Rs.2,080.50 crore has been approved.
- Central outlay of Rs.18,839 crore has been earmarked for security related expenditure for the Union Territories of Jammu & Kashmir, insurgency affected North Eastern States and Left Wing Extremism (LWE) affected areas.
- With the implementation of ‘National Policy and Action Plan’ for combating LWE, the LWE violence incidents have come down drastically.
- To further pursue this accomplishment, six LWE related schemes with Central outlay of Rs.8,689 crore have been approved. These schemes include Special Central Assistance (SCA) to Most LWE Affected Districts & Districts of Concern to consolidate the gains.
- For raising of India Reserve Battalions/Specialised India Reserve Battalions, Central outlay of Rs.350 crore has been approved.
- Central sector scheme of ‘Assistance to States & Union Territories for Narcotics Control with outlay of Rs.50 crore has been continued.
-Source: The Hindu
Why Australia Has Listed Koalas As Endangered Species
Context:
Once found in abundance, Australia’s much-loved koalas have now been officially classified as ‘endangered’ after widespread bushfires, drought and land clearing destroyed much of their eucalyptus-rich habitat.
- Australia’s environment minister announced that the government was upgrading the conservation status of the marsupials from ‘vulnerable’ to ‘endangered’ in Queensland, New South Wales and the Australian Capital Territory, based on the recommendation of the threatened species scientific committee.
Relevance:
GS III- Environment
Dimensions of the Article:
- Australia’s Koala population
- Why did the Australian government finally declare Koalas endangered?
Australia’s Koala population
- According to fossil records, Koala species have inhabited parts of Australia for at least 25 million years, a WWF report states.
- But today, only one species remains — the Phascolarctos cinereus.
- They are found in the wild in the southeast and eastern sides of Australia — in coastal Queensland, New South Wales, South Australia and Victoria.
- Since Europeans first settled in the region, the Koala population has faced widespread habitat loss, particularly due to agriculture and the construction of urban settlements.
- They survive on a strict diet of up to a kilogram of eucalyptus leaves every day.
- Due to the low nutritional value of these leaves, koalas tend to sleep for extended periods, often up to 18 hours a day, to conserve energy.
Why did the Australian government finally declare Koalas endangered?
- Australia’s Koala population has been on the road to extinction for over two decades now.
- During the catastrophic 2019 bushfires in Australia, now known as the ‘Black Summer’, an estimated 60,000 koalas were impacted, with vast swathes of their habitat being blackened and rendered unliveable.
- More than 12 million acres of land were destroyed across New South Wales alone.
- Another major threat is the spread of chlamydia, a sexually transmitted disease known to cause blindness and cysts in the koalas reproductive tract.
- In 2020, a parliamentary inquiry in NSW found that Koalas would be extinct in the state by 2050 unless the government took urgent action.
- Late last month, Australia’s Prime Minister Scott Morrison announced that the government will be spending a record $35 million over the next four years towards the conservation and recovery of the koala population.
