AFSPA and the Northeast
Context:
The Centre significantly reduced the footprint of the Armed Forces Special Powers Act (AFSPA), 1958 in the Northeast, withdrawing it entirely from 23 districts in Assam, and partially from seven districts in Nagaland, six districts in Manipur, and one district in Assam.
- Once the decision is notified in the gazette, AFSPA remains in force in parts of these three states as well as in parts of Arunachal Pradesh and Jammu & Kashmir.
Relevance:
GS III- Government Policies and Interventions
Dimensions of the Article:
- Armed Forces Special Powers Act (AFSPA)
- AFSPA Acts in force
- Powers Given to an officer of the Armed Forces in a “disturbed” area under AFSPA
- After being in force for many years, why has AFSPA been withdrawn now?
- Why was AFSPA imposed on the Northeast in the first place?
- Arguments Against AFSPA
- Arguments in Favour of AFSPA
- Important Criticisms of AFSPA and commissions regarding AFSPA
- Supreme Court judgment on AFSPA
Armed Forces Special Powers Act (AFSPA)
- Armed Forces Special Powers Act (AFSPA), 1958 is an act of the Parliament of India that grant special powers to the Indian Armed Forces the power to maintain public order in “disturbed areas”.
- AFSPA is invoked when a case of militancy or insurgency takes place and the territorial integrity of India is at risk.
- Security forces can “arrest a person without warrant”, who has committed or even “about to commit a cognizable offence” even based on “reasonable suspicion”.
- It also provides security forces with legal immunity for their actions in disturbed areas.
- While the armed forces and the government justify its need in order to combat militancy and insurgency, critics have pointed out cases of possible human rights violations linked to the act.
- According to The Disturbed Areas (Special Courts) Act, 1976 once declared ‘disturbed’, the area has to maintain status quo for a minimum of 3 months.
- The Acts have received criticism from several sections for alleged concerns about human rights violations in the regions of its enforcement alleged to have happened.
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AFSPA Acts in force
It is effective in the whole of Jammu and Kashmir, Nagaland, Assam, Manipur (excluding seven assembly constituencies of Imphal) and parts of Arunachal Pradesh.
History of AFSPA Acts
- An AFSPA Act passed in 1958 was applicable to the Naga Hills, then part of Assam.
- In the following decades it spread, one by one, to the other Seven Sister States in India’s northeast (at present, it is in force in the States of Assam, Nagaland, Manipur, Changlang, Longding and Tirap districts of Arunachal Pradesh, and areas falling within the jurisdiction of the eight police stations of districts in Arunachal Pradesh bordering the State of Assam).
- Another one passed in 1983 and applicable to Punjab and Chandigarh was withdrawn in 1997, roughly 14 years after it came to force.
- An Act passed in 1990 was applied to Jammu and Kashmir and has been in force since.
Powers Given to an officer of the Armed Forces in a “disturbed” area under AFSPA
- After giving such due warning, Fire upon or use other kinds of force even if it causes death, against the person who is acting against law or order in the disturbed area for the maintenance of public order,
- Destroy any arms dump, hide-outs, prepared or fortified position or shelter or training camp from which armed attacks are made by the armed volunteers or armed gangs or absconders wanted for any offence.
- To arrest without a warrant anyone who has committed cognizable offences or is reasonably suspected of having done so and may use force if needed for the arrest.
- To enter and search any premise in order to make such arrests, or to recover any person wrongfully restrained or any arms, ammunition or explosive substances and seize it.
- Stop and search any vehicle or vessel reasonably suspected to be carrying such person or weapons.
- Any person arrested and taken into custody under this Act shall be made present over to the officer in charge of the nearest police station with least possible delay, together with a report of the circumstances occasioning the arrest.
- Army officers have legal immunity for their actions. There can be no prosecution, suit or any other legal proceeding against anyone acting under that law. Nor is the government’s judgment on why an area is found to be disturbed subject to judicial review.
- Protection of persons acting in good faith under this Act from prosecution, suit or other legal proceedings, except with the sanction of the Central Government, in exercise of the powers conferred by this Act.
After being in force for many years, why has AFSPA been withdrawn now?
- The decision has come as the result of a combination of circumstances.
- Over the last two decades, various parts of the Northeast have seen a reduction in insurgencies, some of them up to 60 years old. A number of major groups were already in talks with the Indian government, and these talks received traction during the current regime.
- In Nagaland, all major groups — the NSCN(I-M) and Naga National Political Groups (NNPGs) — are at advanced stages of concluding agreements with the government.
- In Manipur, insurgency as well as heavy militarisation have been on the decline since 2012, when the Supreme Court started hearing a PIL on extra-judicial killings.
- In Nagaland, the killing of 14 villagers in Oting, Mon, is seen as having had a telling impact on reviving the demand to repeal AFSPA.
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Why was AFSPA imposed on the Northeast in the first place?
- When the Naga nationalist movement kicked off in the 1950s with the setting up of the Naga National Council — the predecessor of the NSCN — Assam police forces allegedly used force to quell the movement.
- As an armed movement took root in Nagaland, AFSPA was passed in Parliament, and subsequently imposed on the entire state.
- In Manipur, too, it was imposed in 1958 in the three Naga-dominated districts of Senapati, Tamenglong and Ukhrul, where the NNC was active.
- It was imposed in the 1960s in the Kuki-Zomi dominated Manipur district of Churachandpur, which was under the sway of the Mizo insurgent movement, and extended to the rest of the state in 1979, when groups in the Meitei-dominated Imphal Valley groups began an armed insurgency.
- As secessionist and nationalist movements started sprouting in other Northeastern states, AFSPA started being extended and imposed.
Arguments Against AFSPA
- Symbol of Hatred: The Jeevan Reddy Committee, which was founded in 2004, criticised AFSPA as a symbol of hatred, persecution, and a tool of oppression.
- Immunity to Security Forces: AFSPA has been dubbed a “draconian Act” for the unrestricted authority it grants the military forces and the impunity that security officers have for their acts performed under the law. Under AFSPA, the “armed forces” have the authority to shoot to kill or demolish a structure based solely on suspicion.
- Human Rights Issue: The AFSPA’s activities have been criticised because people have died as a result of them. It’s been a contentious issue, with human rights organisations condemning it as being too forceful.
- Prolonged continuation: Despite a nearly 25-year ceasefire accord, the Union Government has been chastised for renewing the “disturbed region” tag on Nagaland every year to keep the AFSPA alive.
- Concerns of AFSPA in Manipur: Many protests over suspected extrajudicial executions by the security forces have taken place in Manipur throughout the years. The bullet-riddled body of Thangjam Manorama, who was reportedly raped and killed by a group of Assam Rifles troops in 2004 sparked outrage across the state. Irom Sharmila, often known as the Iron Lady of Manipur, is a towering figure who is well-known for her 16-year hunger strike in protest of AFSPA atrocities.
Arguments in Favour of AFSPA
- The AFSPA is described as a law that takes a straightforward approach to control criminal activity in disturbed areas.
- Fascist techniques and all groups, private and public, that engage in violence and attempt to pressure the government by organised violence must be controlled. As a result, the AFSPA is vital.
Important Criticisms of AFSPA and commissions regarding AFSPA
- When India presented its second periodic report to the United Nations Human Rights Committee in 1991, members of the UNHRC asked numerous questions about the validity of the AFSPA.
- They questioned the constitutionality of the AFSPA under Indian law and asked how it could be justified in light of Article 4 of the International Covenant on Civil and Political Rights, ICCPR.
- In 2012, the UN asked India to revoke AFSPA saying it had no place in Indian democracy.
- The Act has been criticized by Human Rights Watch as a “tool of state abuse, oppression and discrimination”.
Supreme Court judgment on AFSPA
1997 judgment on AFSPA
- In Naga People’s Movement for Human Rights vs Union of India 1997, a Constitution Bench ruled that the ability to use deadly force under Section 4(a) of the AFSPA should only be used in “certain circumstances.”
- A 1997 Supreme Court judgment advocated “caution and use of minimum force against our own people” in AFSPA regions.
Extra-Judicial Execution Victim Families Association (EEVFAM) case 2017
- The Supreme Court addressed the extrajudicial executions in 2016, clarifying that the bar under Section 6 of the AFSPA does not offer officers “complete immunity” from any investigation into their alleged misconduct.
- The government received severe criticism from the Supreme Court in 2016 for the continuance of AFSPA.
Dip in Chilika Lake’s Dolphin Population
Context:
The dolphin population along Odisha’s coast and in its waterbodies has increased but the number of Irrawaddy dolphins in Chilika lake has fallen.
- Months after undertaking a census in different waterbodies and off the coast of Odisha, the Principal Chief Conservator Forest (Wildlife) has provided data, recorded across the State’s Wildlife Divisions, on the number of dolphins, which have overall gone up from 544 in 2021 to 726 in 2022.
Relevance:
Prelims, GS-III: Environment and Ecology (Species in news, Conservation of Ecology and Environment, Protected Areas in News)
Dimensions of the Article:
- About Chilika Lake
- Threats to Chilika Lake ecosystem
- About Irrawaddy dolphins
- Steps taken to protect Dolphins
About Chilika Lake
- Chilika Lake is a brackish water lagoon, spread over the Puri, Khurda and Ganjam districts of Odisha state on the east coast of India.
- It is situated at the mouth of the Daya River, flowing into the Bay of Bengal.
- It is the largest coastal lagoon in India and the second largest brackish water lagoon in the world after The New Caledonian barrier reef.
- In 1981, Chilika Lake was designated the first Indian wetland of international importance under the Ramsar Convention.
- It has been listed as a TENTATIVE UNESCO World Heritage site.
- It is the largest wintering ground for migratory birds on the Indian sub-continent, hosting over 160 species of birds in the peak migratory season.
- Birds from as far as the Caspian Sea, Lake Baikal, Aral Sea and other remote parts of Russia, Kirghiz steppes of Kazakhstan, Central and southeast Asia, Ladakh and Himalayas come here.
- Geological evidence indicates that Chilika Lake was part of the Bay of Bengal during the later stages of the Pleistocene period (1.8 million to 10,000 years BP).
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Threats to Chilika Lake ecosystem
- Over the years, the Chilika lake ecosystem of the lake encountered several problems and threats such as:
- Siltation due to littoral drift and sediments from the inland river systems
- Shrinkage of water surface area
- Choking of the inlet channel as well as shifting of the mouth connecting to the sea
- Decrease in salinity and fishery resources
- Proliferation of freshwater invasive species and
- An overall loss of biodiversity with decline in productivity adversely affecting the livelihood of the community that depended on it
- Fights between fishermen and non-fishermen communities about fishing rights in the lake and consequent court cases
About Irrawaddy dolphins
- Irrawaddy dolphins (Orcaella brevirostris) are found in coastal areas in South and Southeast Asia, and in three rivers: the Irrawaddy (Myanmar), the Mahakam (Indonesian Borneo) and the Mekong (China).
- The IUCN Red List classifies the Irrawaddy dolphins as ‘Endangered’.
- The total population of these aquatic mammals in the world is estimated to be less than 7,500 and more than 6,000 Irrawaddy dolphins have been reported from Bangladesh.
- Dolphin distribution in Chilika is considered to be the highest single lagoon population.
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Steps taken to protect Dolphins
- Setting up of the Conservation Action Plan for the Gangetic Dolphin (2010-2020), which has identified threats to Gangetic dolphins and impact of river traffic, irrigation canals and depletion of prey-base on dolphin populations.
- Gangetic dolphins have been included in Schedule -I of the Wildlife Protection Act, 1972, which means they have the highest degree of protection against hunting.
- They are also one among the 21 species identified under the centrally sponsored scheme, “Development of Wildlife Habitat”.
Genome Editing Technology
Context:
The central government paved the way for easy introduction of genome edited crops. The government has clearly distinguished such crops from genetically modified crops and has prescribed relatively easier norms for their introduction.
Relevance:
GS III- Science and Technology
Dimensions of the Article:
- What is genome editing?
- How is gene editing different from GMO development?
- Regulatory issues which have prevented wider adoption of this technique
What is genome editing?
- A decade ago, scientists in Germany and the US discovered a technique which allowed them to ‘cut’ DNA strands and edit genes.
- For agriculture scientists this process allowed them to bring about desired changes in the genome by using site directed nuclease (SDN) or sequence specific nuclease (SSN).
- Nuclease is an enzyme which cleaves through nucleic acid — the building block of genetic material.
- Advanced research has allowed scientists to develop the highly effective clustered regularly interspaced palindromic repeat (CRISPR) -associated proteins based systems.
- This system allows for targeted intervention at the genome sequence.
- This tool has opened up various possibilities in plant breeding.
- Using this tool, agricultural scientists can now edit genome to insert specific traits in the gene sequence.
Depending on the nature of the edit that is carried out, the process is divided into three categories —
- SDN 1: It introduces changes in the host genome’s DNA through small insertions/deletions without introduction of foreign genetic material.
- SDN 2 : In this case, the edit involves using a small DNA template to generate specific changes.
* Both these processes do not involve alien genetic material and the end result is indistinguishable from conventionally bred crop varieties.
- SDN 3: The process involves larger DNA elements or full length genes of foreign origin which makes it similar to Genetically modified organisms (GMO) development.
How is gene editing different from GMO development?
- Genetically modified organisms (GMO) involves modification of the genetic material of the host by introduction of a foreign genetic material.
- In the case of agriculture, soil bacteria is the best mining source for such genes which are then inserted into the host genome using genetic engineering.
- For example, in case of cotton, introduction of genes cry1Ac and cry2Ab mined from the soil bacterium Bacillus Thuringiensis (BT) allow the native cotton plant to generate endotoxins to fight pink bollworm naturally.
- BT Cotton uses this advantage to help farmers naturally fight pink bollworm which is the most common pest for cotton farmers.
- The basic difference between genome editing and genetic engineering is that while the former does not involve the introduction of foreign genetic material, the latter does.
- Before the advent of genetic engineering, such variety improvement was done through selective breeding which involved carefully crossing plants with specific traits to produce the desired trait in the offspring. Genetic engineering has not only made this work more accurate but has also allowed scientists to have greater control on trait development.
Regulatory issues which have prevented wider adoption of this technique
- Across the world, GM crop has been a topic of debate, with many environmentalists opposing it on the grounds of bio safety and incomplete data.
- In India, the introduction of GM crops is a laborious process which involves multiple levels of checks.
- The Genetic Engineering Appraisal Committee (GEAC), a high power committee under the Ministry of Environment, Forest and Climate Change, is the regulator for introduction of any GM material and in case of agriculture multiple field trials, data about biosafety and other information is necessary for getting the nod before commercial release of any GM crop.
- Till date the only crop which has crossed the regulatory red tape is Bt cotton.
- Scientists both in India and across the world have been quick to draw the line between GM crops and genome edited crops.
- The latter, they have pointed out, has no foreign genetic material in them which makes them indistinguishable from traditional hybrids.
- Globally, European Union countries have bracketed genome edited crops with GM crops. Countries like Argentina, Israel, US, Canada, etc have liberal regulations for genome edited crops.
World Energy Transitions Outlook 2022
Context:
The International Renewable Energy Agency(IRENA) has released a report titled “World Energy Transitions Outlook 2022”.
Relevance:
GS III- Indian Economy
Dimensions of the Article:
- Key findings of the World Energy Transitions Outlook 2022
- What steps should be taken to move towards clean energy?
Key findings of the World Energy Transitions Outlook 2022
Transition to Clean Energy:
- The current crisis of high fossil fuel costs, energy security concerns, and the urgency of climate change highlights the urgent need to transition to a clean energy system as quickly as possible.
- However, the energy transition is far from complete, and anything less than aggressive action in the coming years will significantly reduce, if not completely destroy, our chances of meeting our climate targets.
Benefits of the transition to Clean Energy
- Around 80% of the world’s population lives in net energy importers. As a result, by diversifying supply alternatives and decoupling economies from huge swings in fossil fuel prices, the transition to renewable energy would make these countries less reliant on energy imports.
- Investing in the clean energy transition will create 85 million jobs worldwide in renewables and other transition-related technologies between now and 2030, bringing socioeconomic and welfare advantages. These job increases will far outnumber the 12 million jobs lost in the fossil fuel industry.
What steps should be taken to move towards clean energy?
- To begin with, renewables will need to scale up dramatically across all sectors, from 14% of total energy today to around 40% in 2030.
- Second, the G20 and G7 countries’ top energy consumers and carbon polluters must take the lead and implement ambitious domestic and international plans and investments.
- Third, for a more inclusive and equal world, climate finance, knowledge transfer, and aid from wealthy countries will need to rise.
- Fourth, electrification of end-use sectors (such as electric automobiles and heat pumps) is considered as a crucial driver of progress in the energy transition.
National Pension Scheme
Context:
Many states are attempting to reinstate the Old Pension Scheme while discontinuing the National Pension System (NPS).
Relevance:
GS II- Government Policies and Interventions
Dimensions of the Article:
- What is the old pension scheme or the Defined Pension Benefit Schemes?
- What is the National Pension System (NPS)?
What is the old pension scheme or the Defined Pension Benefit Schemes?
- The scheme assures life-long income, post-retirement.
- Usually the assured amount is equivalent to 50% of the last drawn salary.
- The Government bears the expenditure incurred on the pension.
- The scheme was discontinued in 2004.
What is the National Pension System (NPS)?
- The BJP-led Union government under Prime Minister Atal Bihari Vajpayee took a decision in 2003 to discontinue the old pension scheme and introduced the NPS.
- The scheme is applicable to all new recruits joining the Central Government service (except armed forces) from April 1, 2004.
- On introduction of NPS, the Central Civil Services (Pension) Rules, 1972 was amended.
- It is a scheme, where employees contribute to their pension corpus from their salaries, with matching contribution from the government.
- The funds are invested in earmarked investment schemes through Pension Fund Managers.
- At retirement, they can withdraw 60% of the corpus, which is tax-free and the remaining 40% is invested in annuities, which is taxed.
- It can have two components — Tier I and II.
- Tier-II is a voluntary savings account that offers flexibility in terms of withdrawal, and one can withdraw at any point of time, unlike Tier I account. Private individuals can opt for the scheme.
- Any employee from public, private and even the unorganised sectors can opt for this. Personnel from the armed forces are exempted. The scheme is open to all across industries and locations.
The other eligibility criteria for opening an NPS account:
- Must be an Indian citizen.
- Must be between the ages of 18 and 65.
- Must be KYC compliant.
- Must not have a pre-existing NPS account.
What were the changes introduced in 2019?
- In 2019, the Finance Ministry said that Central government employees have the option of selecting the Pension Funds (PFs) and Investment Pattern in their Tier-I account.
- The default pension fund managers are the LIC Pension Fund Limited, SBI Pension Funds Pvt. Limited and UTI Retirement Solutions Limited in a predefined proportion.
Regulatory authority
- The Pension Fund Regulatory and Development Authority (PFRDA) is the regulator for NPS.
- PFRDA was set up through the PFRDA Act in 2013 to promote old age income security by developing pension funds to protect the interest of subscribers to schemes of pension funds.
What is the subscriber base?
- As on February 28, there were 22.74 lakh Central government employees and 55.44 lakh State government employees enrolled under the NPS.