Publish FIRs online within 24 hours: SC :-
Upholding the right of an accused to information and putting a check on the authority of the police to deprive a person of his liberty, the Supreme Court recently ordered States and Union Territories to upload, on police or government websites, First Information Reports (FIRs) within 24 hours of their registration in police stations.
A Bench of Justices Dipak Misra and C. Nagappan directed the implementation of this step to usher in transparency in police work. It said an accused had every right to know what he was accused of. “Where liberty of a person is at stake and the criminal law is set in motion, the accused should have all the information,” the Bench observed.
It said access to the FIR would help the accused prepare his defence and “seek redressal of his grievances.”
The court order came on a writ petition by the Youth Bar Association of India earlier this year seeking such a direction to the Union government, States and UTs.
The Bench however exempted from publication FIRs in certain cases. These include cases of insurgency, child abuse, sexual offences and terrorism. The FIRs registered in these categories would continue to be away from the public eye owing to issues of privacy and national interest. The court agreed to a submission by Additional Solicitor General Tushar Mehta, for the Centre, that the list of such sensitive cases should be illustrative and not exhaustive.
The decision to not post the FIRs in such cases would be taken by a police officer not below the rank of a Deputy Superintendent of Police or the District Magistrate, either of whom would have to communicate the decision to the jurisdictional magistrate.
In case of complaint against such non-publication of FIRs, the Superintendent of Police in rural areas and Police Commissioner in metros, will form a committee of three officers, which will decide on the complaint in three weeks.
In areas where Internet access is limited, the Bench extended the deadline for publishing the FIR on websites to 48 hours, which can still further be stretched to a maximum of 72 hours. Accused persons cannot take advantage of delay in uploading of FIRs and seek anticipatory bail on that ground, the court specified.
The Delhi HC in its judgment on December 6, 2010, had upheld the right of the accused to get copies of FIRs even before the local Magistrate ordered the police to do so under Section 207 of the Code of Criminal Procedure.
ACs – Environmental Criminals ?
The now increasingly ubiquitous air-conditioner (AC) in our houses would easily make it to the list of the top environmental criminals.
Why?
Just consider these facts. In Delhi, a mere 1°C drop in temperature leads to a 400 MW drop in demand for electricity.
This is because ACs account for some 30 per cent of Delhi’s electricity demand and over 60 per cent of its peak demand, according to the data of the Bureau of Energy Efficiency (BEE).
In fact, the peak demand hour for electricity is changing. Now instead of evening—traditionally this is when people reach home and switch on lights—it is late afternoon. This is when the household and commercial electricity-usage hour is coinciding.
So it is ACs that determine electricity demand and will determine energy efficiency and security.
So how efficient are the ACs sold in India?
More importantly, if they are rated to be energy-efficient do they perform as efficiently?
Centre for Science and Environment (CSE) decided to find out by getting branded ACs rated five-star by BEE tested for performance. The tests reveal that there was a dip of 2.5 per cent in energy efficiency for every degree rise in temperature. In this way, a five-star AC performed worse than a one-star AC when temperature was 45°C.
Why does this happen?
Quite simply because we have adopted test standards that do not suit our temperatures. The International Organization for Standardization has three different standards for testing the performance of ACs: mild, cold and hot weather conditions.
India’s ISI standard has been derived from this, but by adopting mild weather conditions. This means ACs are rated for energy efficiency based on their performance in 35°C ambient temperature and 27°C inside.
The same machine is also tested under maximum (46°C) conditions, but this is not to determine its energy efficiency. In this way, when you buy your AC, remember BEE/BIS, which sets the standard, has only certified that it will work with certain efficiency when the temperature outside is 35°C.
This is when the National Building Code (NBC) data shows that out of the 60 cities surveyed, 41 cities, including Delhi, had temperatures over 35°C for 175 hours in a year—these are hours that determine peak loads.
This is bound to increase, with heat islands growing in cities because of concrete and micro-climatic changes. Clearly, the testing method needs to be changed.
But this is not all that determines the energy efficiency of ACs. In 2006, BEE started its energy standards and labelling programme.
In 2010, energy-efficiency standards for ACs, set in terms of the energy-efficiency ratio, were made mandatory and the last revision was in 2014. What is shocking is that Indian AC standards remain way below global benchmarks.
The specious argument is that we are a poor country, and so, I assume, we should continue to be swamped with outdated technologies by Indian and multinational companies. Last heard BEE was “revising” these standards upwards but the revision is delayed. So the AC energy-efficiency standard, which was to expire in 2016, is now notified by BEE to continue till 2018.
Worse, when BEE “certifies” that an AC is star-rated, it does this based on the manufacturer’s self or third party efficiency report. Amazing trust! Amazing regulations!
This is not all in the AC story. The usage of these machines has to do with us and our idea of comfort. According to NBC, thermal comfort lies in the temperature zone between 25°C and 30°C, with optimal conditions at 27.5°C.
What is never told is what will happen to the energy efficiency of our machines and their operating cost if we crank down temperatures.
CSE’s study found that running ACs at low temperatures of 20°C has huge energy penalties—2 per cent drop in the energy efficiency ratio for every degree temperature lowered below the 27.5°C optimal comfort level. In this way, the performance of a five-star AC becomes equal to that of a two- or three-star AC when we run it at 20°C, normal for most of us.
This is also because comfort is determined, not just by what we set AC temperature at, but also by the amount of ventilation we have and, of course, the clothes we wear. If you work your air-conditioner with a conventional room fan your comfort goes up, simply because there is more breeze, hence more thermal comfort.
But who designs modern buildings with ventilation? This is the age of sealed and centrally air-conditioned buildings. Fans are considered not-so-cool. In lifestyles we have been sold as modern, it is the wow factor that works and we over-cool our spaces and then wear climate-inappropriate clothes—suits and ties in summers.
If we are really cool then let’s get AC maths and our clothes right. That is the real energy game-changer.
Maharashtra gives reserved forests status to mangroves
Maharashtra has notified 15,087.6 hectares of mangroves across the state as reserved forest, becoming the first state in the country to do so. The notification, however, comes over a decade after Bombay High Court asked the state government to declare mangroves as forests in 2005.
As per a Forest Survey of India report of 2013, mangroves constitute around 462,800 hectares or 0.14 per cent of India’s land area, with Sundarbans in West Bengal accounting for almost half of it. As per the report, six of Maharashtra’s districts have mangrove cover: Mumbai city, Mumbai suburbs, Raigarh, Ratnagiri, Sindhudurg and Thane. Raigarh has the largest mangrove cover at 6,200 hectares.
Mangroves are a salt-tolerant plant community found in tropical and sub-tropical regions that receive high rainfall. Increasing industrial activity in coastal areas are negatively affecting mangrove forests, making their conservation essential, said a Forest Survey of India report.
Google Think-tank and Counter ISIS’s Online Propaganda
Few months ago , a noted scholar , observed that , that propaganda can not be stopped, instead what is needed is not to stop the propaganda which is technically impossible , but the bast way forward to stop terrorist recruitment propaganda is to do counter propaganda.It is best to beat them in their own game technically than to play hide and seek under the veil of law.
Although tech firms have been labouring for years to counter ISIS’ digital propaganda machine, the latter has set a new standard for aggressive online recruitment. Twitter has suspended several accounts only to see them arise again while other services like YouTube and Facebook have fought an endless war of content removal to keep the group’s videos offline. Entering this scenario to help is Jigsaw, the Google-owned tech incubator and think tank, recently known as Google Ideas.
Jigsaw has been working over the past year to advance a new program which will use a blend of Google’s search advertising algorithms and YouTube’s video platform to target aspiring ISIS recruits in order to deter them from joining the group.
The program, termed the Redirect Method and about to be launched in a new phase this month, places advertising alongside results for any keywords and phrases that Jigsaw has determined people attracted to ISIS commonly search for.However to persuade the people already drawn into ISIS, instead of creating anti-ISIS messages Jigsaw curates them from YouTube.
In the previous two months, more than 300,000 people were drawn to the anti-ISIS YouTube channels. The viewers spent more than twice as long watching the most effective playlists than the best estimates of how long people view YouTube as a whole.
Jigsaw picked more than 1,700 keywords that activated ads leading to the anti-ISIS playlists. The selected terms are believed to be the ones searched by the most committed ISIS recruits including phrases like “jihad in Syria” along with names of extremist leaders who had preached ISIS recruitment. The ads, however, took a light-touch approach, with phrases like “Is ISIS Legitimate?” or “Want to Join ISIS?” rather than obvious anti-ISIS messages.
Redirect Method, is not meant to track potential ISIS recruits for arrest, the main intention being education. Jigsaw in that sense is fighting the battle of countering the jihadi indoctrination to prevent the rise of recruits in ISIS
A heart-shaped grassland in the heart of India
The Indian Remote Sensing (IRS) satellites, put into orbit since 1988 by Indian Space Research Organization (ISRO), have been used extensively in monitoring and management of natural resources.
IRS satellite images, at times, bring out captivating appearance of landforms reiterating the beauty of our country. One such image is of LISS-4 picture that reflects a ‘heart’ shaped landscape amidst the swaying grasslands of Kanha National park in the Mandla district of Madhya Pradesh.
Kanha National Park became a Tiger Reserve in 1974 and consists of open grasslands which sprung up in fields of abandoned villages. The area has many species of grass, some of which are important for the survival of Barahsingha(Stag).
Kanha is home to more than one thousand species of flowering plants, which, one should ideally have the pleasure of seeing in real between November to June when the National Park welcomes its human visitors.
Grassland are known by myriad names across the world – prairies (US Mideast), pampas (South America), steppes (Central Eurasia), savannas (Africa) and so on.
A land where grass is the most dominant vegetation is a designated area that transitions between the forests and the desert; primarily a land, which receives neither too much nor too little rainfall. Open and fairly flat, grasslands are of two types: tropical and temperate. Tropical grasslands are warm all year round but the temperate ones are more dry and windy.
In India grasslands are found at various altitudes and in many geographical regions under disparate climatic conditions. Each of these grasslands has their own distinct characteristics. The most widespread are Imperata grasslands. The majority of the grass species found in India belong to Andropogoneae (30 per cent), Paniceae (15 per cent), and Eragrosteae (9 per cent) sub-groups. Home to some of the most endangered and endemic species including antelopes, tigers, bears, Indian leopard and bustard, India’s grasslands also abound in a large variety of bamboo.
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The United Nations has shaped so much of global co-operation and regulation that we wouldn’t recognise our world today without the UN’s pervasive role in it. So many small details of our lives – such as postage and copyright laws – are subject to international co-operation nurtured by the UN.
In its 75th year, however, the UN is in a difficult moment as the world faces climate crisis, a global pandemic, great power competition, trade wars, economic depression and a wider breakdown in international co-operation.
Still, the UN has faced tough times before – over many decades during the Cold War, the Security Council was crippled by deep tensions between the US and the Soviet Union. The UN is not as sidelined or divided today as it was then. However, as the relationship between China and the US sours, the achievements of global co-operation are being eroded.
The way in which people speak about the UN often implies a level of coherence and bureaucratic independence that the UN rarely possesses. A failure of the UN is normally better understood as a failure of international co-operation.
We see this recently in the UN’s inability to deal with crises from the ethnic cleansing of the Rohingya Muslims in Myanmar, to civil conflict in Syria, and the failure of the Security Council to adopt a COVID-19 resolution calling for ceasefires in conflict zones and a co-operative international response to the pandemic.
The UN administration is not primarily to blame for these failures; rather, the problem is the great powers – in the case of COVID-19, China and the US – refusing to co-operate.
Where states fail to agree, the UN is powerless to act.
Marking the 75th anniversary of the official formation of the UN, when 50 founding nations signed the UN Charter on June 26, 1945, we look at some of its key triumphs and resounding failures.
Five successes
1. Peacekeeping
The United Nations was created with the goal of being a collective security organisation. The UN Charter establishes that the use of force is only lawful either in self-defence or if authorised by the UN Security Council. The Security Council’s five permanent members, being China, US, UK, Russia and France, can veto any such resolution.
The UN’s consistent role in seeking to manage conflict is one of its greatest successes.
A key component of this role is peacekeeping. The UN under its second secretary-general, the Swedish statesman Dag Hammarskjöld – who was posthumously awarded the Nobel Peace prize after he died in a suspicious plane crash – created the concept of peacekeeping. Hammarskjöld was responding to the 1956 Suez Crisis, in which the US opposed the invasion of Egypt by its allies Israel, France and the UK.
UN peacekeeping missions involve the use of impartial and armed UN forces, drawn from member states, to stabilise fragile situations. “The essence of peacekeeping is the use of soldiers as a catalyst for peace rather than as the instruments of war,” said then UN Secretary-General Javier Pérez de Cuéllar, when the forces won the 1988 Nobel Peace Prize following missions in conflict zones in the Middle East, Africa, Asia, Central America and Europe.
However, peacekeeping also counts among the UN’s major failures.
2. Law of the Sea
Negotiated between 1973 and 1982, the UN Convention on the Law of the Sea (UNCLOS) set up the current international law of the seas. It defines states’ rights and creates concepts such as exclusive economic zones, as well as procedures for the settling of disputes, new arrangements for governing deep sea bed mining, and importantly, new provisions for the protection of marine resources and ocean conservation.
Mostly, countries have abided by the convention. There are various disputes that China has over the East and South China Seas which present a conflict between power and law, in that although UNCLOS creates mechanisms for resolving disputes, a powerful state isn’t necessarily going to submit to those mechanisms.
Secondly, on the conservation front, although UNCLOS is a huge step forward, it has failed to adequately protect oceans that are outside any state’s control. Ocean ecosystems have been dramatically transformed through overfishing. This is an ecological catastrophe that UNCLOS has slowed, but failed to address comprehensively.
3. Decolonisation
The idea of racial equality and of a people’s right to self-determination was discussed in the wake of World War I and rejected. After World War II, however, those principles were endorsed within the UN system, and the Trusteeship Council, which monitored the process of decolonisation, was one of the initial bodies of the UN.
Although many national independence movements only won liberation through bloody conflicts, the UN has overseen a process of decolonisation that has transformed international politics. In 1945, around one third of the world’s population lived under colonial rule. Today, there are less than 2 million people living in colonies.
When it comes to the world’s First Nations, however, the UN generally has done little to address their concerns, aside from the non-binding UN Declaration on the Rights of Indigenous Peoples of 2007.
4. Human rights
The Human Rights Declaration of 1948 for the first time set out fundamental human rights to be universally protected, recognising that the “inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world”.
Since 1948, 10 human rights treaties have been adopted – including conventions on the rights of children and migrant workers, and against torture and discrimination based on gender and race – each monitored by its own committee of independent experts.
The language of human rights has created a new framework for thinking about the relationship between the individual, the state and the international system. Although some people would prefer that political movements focus on ‘liberation’ rather than ‘rights’, the idea of human rights has made the individual person a focus of national and international attention.
5. Free trade
Depending on your politics, you might view the World Trade Organisation as a huge success, or a huge failure.
The WTO creates a near-binding system of international trade law with a clear and efficient dispute resolution process.
The majority Australian consensus is that the WTO is a success because it has been good for Australian famers especially, through its winding back of subsidies and tariffs.
However, the WTO enabled an era of globalisation which is now politically controversial.
Recently, the US has sought to disrupt the system. In addition to the trade war with China, the Trump Administration has also refused to appoint tribunal members to the WTO’s Appellate Body, so it has crippled the dispute resolution process. Of course, the Trump Administration is not the first to take issue with China’s trade strategies, which include subsidises for ‘State Owned Enterprises’ and demands that foreign firms transfer intellectual property in exchange for market access.
The existence of the UN has created a forum where nations can discuss new problems, and climate change is one of them. The Intergovernmental Panel on Climate Change (IPCC) was set up in 1988 to assess climate science and provide policymakers with assessments and options. In 1992, the UN Framework Convention on Climate Change created a permanent forum for negotiations.
However, despite an international scientific body in the IPCC, and 165 signatory nations to the climate treaty, global greenhouse gas emissions have continued to increase.
Under the Paris Agreement, even if every country meets its greenhouse gas emission targets we are still on track for ‘dangerous warming’. Yet, no major country is even on track to meet its targets; while emissions will probably decline this year as a result of COVID-19, atmospheric concentrations of greenhouse gases will still increase.
This illustrates a core conundrum of the UN in that it opens the possibility of global cooperation, but is unable to constrain states from pursuing their narrowly conceived self-interests. Deep co-operation remains challenging.
Five failures of the UN
1. Peacekeeping
During the Bosnian War, Dutch peacekeeping forces stationed in the town of Srebrenica, declared a ‘safe area’ by the UN in 1993, failed in 1995 to stop the massacre of more than 8000 Muslim men and boys by Bosnian Serb forces. This is one of the most widely discussed examples of the failures of international peacekeeping operations.
On the massacre’s 10th anniversary, then UN Secretary General Kofi Annan wrote that the UN had “made serious errors of judgement, rooted in a philosophy of impartiality”, contributing to a mass murder that would “haunt our history forever”.
If you look at some of the other infamous failures of peacekeeping missions – in places such as Rwanda, Somalia and Angola – it is the limited powers given to peacekeeping operations that have resulted in those failures.
2. The invasion of Iraq
The invasion of Iraq by the US in 2003, which was unlawful and without Security Council authorisation, reflects the fact that the UN is has very limited capacity to constrain the actions of great powers.
The Security Council designers created the veto power so that any of the five permanent members could reject a Council resolution, so in that way it is programmed to fail when a great power really wants to do something that the international community generally condemns.
In the case of the Iraq invasion, the US didn’t veto a resolution, but rather sought authorisation that it did not get. The UN, if you go by the idea of collective security, should have responded by defending Iraq against this unlawful use of force.
The invasion proved a humanitarian disaster with the loss of more than 400,000 lives, and many believe that it led to the emergence of the terrorist Islamic State.
3. Refugee crises
The UN brokered the 1951 Refugee Convention to address the plight of people displaced in Europe due to World War II; years later, the 1967 Protocol removed time and geographical restrictions so that the Convention can now apply universally (although many countries in Asia have refused to sign it, owing in part to its Eurocentric origins).
Despite these treaties, and the work of the UN High Commission for Refugees, there is somewhere between 30 and 40 million refugees, many of them, such as many Palestinians, living for decades outside their homelands. This is in addition to more than 40 million people displaced within their own countries.
While for a long time refugee numbers were reducing, in recent years, particularly driven by the Syrian conflict, there have been increases in the number of people being displaced.
During the COVID-19 crisis, boatloads of Rohingya refugees were turned away by port after port. This tragedy has echoes of pre-World War II when ships of Jewish refugees fleeing Nazi Germany were refused entry by multiple countries.
And as a catastrophe of a different kind looms, there is no international framework in place for responding to people who will be displaced by rising seas and other effects of climate change.
4. Conflicts without end
Across the world, there is a shopping list of unresolved civil conflicts and disputed territories.
Palestine and Kashmir are two of the longest-running failures of the UN to resolve disputed lands. More recent, ongoing conflicts include the civil wars in Syria and Yemen.
The common denominator of unresolved conflicts is either division among the great powers, or a lack of international interest due to the geopolitical stakes not being sufficiently high. For instance, the inaction during the Rwandan civil war in the 1990s was not due to a division among great powers, but rather a lack of political will to engage.
In Syria, by contrast, Russia and the US have opposing interests and back opposing sides: Russia backs the government of the Syrian dictator Bashar al-Assad, whereas the US does not.
5. Acting like it’s 1945
The UN is increasingly out of step with the reality of geopolitics today.
The permanent members of the Security Council reflect the division of power internationally at the end of World War II. The continuing exclusion of Germany, Japan, and rising powers such as India and Indonesia, reflects the failure to reflect the changing balance of power.
Also, bodies such as the IMF and the World Bank, which are part of the UN system, continue to be dominated by the West. In response, China has created potential rival institutions such as the Asian Infrastructure Investment Bank.
Western domination of UN institutions undermines their credibility. However, a more fundamental problem is that institutions designed in 1945 are a poor fit with the systemic global challenges – of which climate change is foremost – that we face today.