News Snippet
News 1: Centre ‘doubles’ fertilizer subsidy as prices see a surge
News 2: Protests in Leh, Kargil for statehood as Ladakh completes 3 years as U.T.
News 3: India- USA defence ties
News 4: Legislator’s disqualification from Assembly
News 5: Panamaram heronry in Kerala set to get a new lease of life
News 6: Shrinking of rhino horn
News 7: Ethiopian government, Tigray agree to end fighting after 2 years
Other important news:
- Accused cannot be compelled to provide computer password
News 1: Centre ‘doubles’ fertilizer subsidy as prices see a surge
Background
Considering the huge increase in the prices of fertilizers in global market, the Centre has “doubled” the fertilizer subsidy for this rabi season. From the budget estimate of ₹21,000 crore of nutrient-based subsidy, the amount has been more than doubled.
Nutrient based subsidy
Ministry: Ministry of Chemicals and Fertilizers
The Nutrient Based Subsidy (NBS) Policy is being implemented w.e.f. 1.4.2010 by the Department of Fertilizers and under the said policy, a fixed amount of subsidy decided on annual basis, is provided on each grade of subsidized Phosphatic & Potassic (P&K) fertilizers depending on its Nutrient Content.
Benefits
- Total fertilizer subsidy for the rabi season, including ₹80,000 crore for urea, would be ₹1,38,875 crore and for both the rabi and kharif, the subsidy amount would be ₹2.25 lakh crore.
- This is the highest subsidy so far. Last year it was ₹1.65 lakh crore. Commercial prices had doubled due to the Ukraine-Russia conflict and the logistics issues due to pandemic the Centre decided to double the subsidy component too.
- While the requirement was 350 lakh tonnes, the production in the country was 250 lakh tonnes. Four new plants were coming up and nano urea would also replace the use of urea slowly.
News 2: Protests in Leh, Kargil for statehood as Ladakh completes 3 years as U.T.
Background
Ladakh’s twin districts of Kargil and Leh witnessed street protests to press for demands of statehood and special status under the Sixth Schedule of the Constitution, as the region completed three years of Union Territory (UT) status this month.
Hundreds of protesters raised slogans such as “Home Minister pay attention, we are not begging” and “Pay attention, we are demanding our rights” and marched on the streets.
On January 6, 2021, the Union Home Minister constituted a committee under Minister of State for Home G. Kishan Reddy to have a dialogue with the representatives from Ladakh “to find an appropriate solution to the issues related to language, culture and conservation of land in Ladakh”.
Demand for restoration of statehood
The KDA and Apex Body-Leh (ABL) have been jointly fighting for the restoration of statehood and special status on the lines of the rights granted to the tribal areas of Assam, Meghalaya, Tripura and Mizoram to safeguard local culture, language and demography.
The government issued a notification empowering the Lieutenant Governor (L-G) of Ladakh to make rules for recruitment to the Public Services Group-A and Group-B Gazetted posts.
News 3: India- USA defence ties
Background
Recently, a senior U.S. defence official said while stating that America is the best partner when it comes to sharing high-end technology and next-generation equipment while India diversifies its military arsenal ending heavy dependence on Russia. They want to be partner of choice for India.
Defence Technology Trade Initiative
According to the Office of the Under Secretary of Defense for Acquisition and Sustainment, DTTI came about to expedite the scope of cooperation on defence technology that become narrow due to the presence of differing bureaucratic processes and legal requirements. Essentially, DTTI is an initiative to provide “increased US senior level oversight and engagement to get beyond these obstacles.”
What are its aims?
While DTTI is not a treaty or law, it is a flexible mechanism to make sure that senior leaders from both countries are engaged consistently to strengthen the opportunities in the field of defence. Its central aims include strengthening India’s defence industrial base, exploring new areas of technological development and expanding U.S.-India business ties.
News 4: Legislator’s disqualification from Assembly
Background
Two Uttar Pradesh legislators were convicted on criminal charges in recent days, but only one of them has been disqualified and his seat declared vacant by the State’s Legislative Assembly secretariat. Azam Khan, the Samajwadi Party MLA for Rampur, was sentenced to a three-year jail term, for making an inflammatory speech in 2019.
As disqualification upon conviction on a criminal charge, accompanied by a prison sentence of two years and more is immediate, the Assembly secretariat declared his seat vacant.
However, there has been no such response in regard to Vikram Singh Saini, MLA from Khatauli, after he was sentenced to two years’ imprisonment in connection with the Muzaffarnagar riots of 2013.
When does conviction attract disqualification?
Section 8 of the Representation of the People Act (RPA), 1951, contains provisions aimed at decriminalising electoral politics. There are two categories of criminal cases that attract disqualification upon conviction.
In the first category are offences that entail disqualification for a period of six years upon any conviction. If the punishment is a fine, the six-year period will run from the date of conviction, but if there is a prison sentence, the disqualification will begin on the date of conviction, and will continue up to the completion of six years after the date of release from jail.
Major IPC offences are included under this head:
- making speeches that cause enmity between groups (Sec.153A) and
- doing so in a place of worship (Sec.505),
- bribery and personation during elections and other electoral offences,
- offences relating to rape and cruelty to women by husband and latter’s relatives.
Besides, serious provisions of special laws such as the Protection of Civil Rights Act, Customs Act, Unlawful Activities (Prevention) Act etc are among the category of offences that entail disqualification regardless of the quantum of punishment. Laws for prevention of Sati, corruption, terrorism and insult to national flag and national anthem etc are also part of this group.
All other criminal provisions form a separate category under which mere conviction will not entail disqualification. A sentence of at least two years in prison is needed to incur such disqualification.
Is there legal protection for legislators against disqualification?
Under Section 8(4) of the RPA, legislators could avoid immediate disqualification until 2013. The provision said that with respect to a Member of Parliament or a State legislator the disqualification will not take effect for three months.
If within that period, the convicted legislator files an appeal or revision application, it will not take effect until the disposal of the appeal or application. In other words, the mere filing of an appeal against conviction will operate as a stay against disqualification.
In Lily Thomas vs. Union of India, the Supreme Court struck down clause (4) as unconstitutional, thus removing the protection enjoyed by lawmakers.
Can the disqualification be removed?
The Supreme Court has the power to stay not only the sentence, but also the conviction of a person. In some rare cases, conviction has been stayed to enable the appellant to contest an election.
However, the SC has made it clear that such a stay should be very rare and for special reasons. The RPA itself provides a remedy through the Election Commission. Under Sec. 11 of the Act, the EC may record reasons and either remove, or reduce the period of, a person’s disqualification.
The EC exercised this power for Sikkim Chief Minister P.S. Tamang, who served a one-year sentence for corruption, and reduced his disqualification so as to contest a byelection and remain in office.
UPSC Prelims 2020 question
Consider the following statements:
- According to the Constitution of India, a person who is eligible to vote can be made a minister in a state for six months even if he/she is not a member of that state.
- According to the Representation of People Act,1951, a person convicted of a criminal offence and sentenced to imprisonment for five years is permanently disqualified from contesting an election even after his release from prison.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer – Option d (Official UPSC Answerkey)
News 5: Panamaram heronry in Kerala set to get a new lease of life
Background
The Panamaram heronry, the largest breeding ground of herons in Kerala’s Malabar region, is set to get a fresh lease of life, thanks to the intervention of the Kerala State Biodiversity Board (KSBB) and the Panamaram grama panchayat.
Panamaram heronry
The heronry, formed on a sandbank on the Panamaram river, is a breeding ground for nine species of waterbirds.
The site is also the only location in State where the cattle egret breeds. A few years ago birds like lesser whistling duck, jacanas, and moore bred on the wetlands near the site. However, human intervention has left a negative impact on the avian habitat.
News 6: Shrinking of rhino horn
Background
The horns of rhinoceroses may have become smaller over time from the impact of hunting, according to a recent study which analysed artwork and photographs of the animal spanning more than five centuries.
Findings
We found evidence for declining horn length over time across species, perhaps related to selective pressure of hunting, and indicating a utility for image-based approaches in understanding societal perceptions of large vertebrates and trait evolution,” said the study, authored by scientists from the Universities of Helsinki and Cambridge, as well as the RRC.
Five species face threat
Rhinos have long been hunted for their horns. The five surviving rhino species are threatened by habitat loss and hunting.
The study found that the rate of decline in horn length was highest in the critically endangered Sumatran rhino and lowest in the white rhino of Africa, the most commonly found species in the wild and in captivity.
This observation follows patterns seen in other animals, such as tusk size in elephants and horn length in wild sheep, which have been driven down by directional selection due to trophy hunting, the study said.
Rhinos
Rhinos once roamed many places throughout Europe, Asia, and Africa and were known to early Europeans who depicted them in cave paintings. At the beginning of the 20th century, 500,000 rhinos roamed Africa and Asia.
By 1970, rhino numbers dropped to 70,000, and today, around 27,000 rhinos remain in the wild. Very few rhinos survive outside national parks and reserves due to persistent poaching and habitat loss over many decades. Three species of rhino—black, Javan, and Sumatran—are critically endangered.
Habitat – Tropical and subtropical grasslands, savannahs and shrublands, tropical moist forests, deserts and shrublands
Role of Rhinos
Rhinos share their habitat with a multitude of other plant and animal species. The protection of rhinos also helps protect the ecosystems on which they depend, as well as other species, including elephants, buffalo, large carnivores, and antelopes that share their habitat.
Threats
Poaching: Poaching, driven by consumer demand for rhino horn primarily in Asia, poses the biggest threat to rhinos.
ILLEGAL WILDLIFE TRADE
Although international trade in rhino horn has been banned under the Convention on International Trade in Endangered Species of Fauna and Flora (CITES)—a global agreement between governments to follow rules to monitor, regulate, or ban international trade in species under threat—since 1977, demand has remained high and continues to fuel rhino poaching in both Africa and Asia.
News 7: Ethiopian government, Tigray agree to end fighting after 2 years
Background
Ethiopia’s warring sides agreed to a permanent cessation of hostilities in a 2-year conflict, but enormous challenges lie ahead, including getting all parties to lay down arms or withdraw. The African Union envoy said that both parties have agreed on “orderly, smooth and coordinated disarmament.”
Conflict
The parties in the conflict in Ethiopia’s northern region of Tigray have agreed to cease hostilities, a conflict which has displaced millions and left hundreds of thousands facing famine.
The war which broke out in 2020, pits regional forces from Tigray against Ethiopia’s army and its allies, who include forces from other regions and from neighbouring Eritrea.
Ethiopia
It is a landlocked country in Horn of Africa. It is the 2nd most populous country in African continent after Nigeria.
Capital – Addis Ababa
Currency – Birr
Other important news
Accused cannot be compelled to provide computer password
A Delhi court has said that an investigating officer in a CBI case has no right to be provided with the computer password of the accused without his consent since it may interfere with his right to privacy.
Special Judge Naresh Kumar Laka dismissed the CBI application seeking password and user ID of the computer of the accused, observing that he “cannot be compelled to give such information and in this regard he is protected by Article 20(3) of the Constitution of India as well as Section 161(2) of CrPC.”
Article 20(3)
- Article 20(3) of the Constitution provides that no person accused of any offence shall be compelled to be a witness against himself, while Section 161 (2) of the CrPC stipulates that no person shall answer questions which “would have a tendency to expose him to a criminal charge or to a penalty or forfeiture”.
- The court said that the said computer system may contain private data of the accused and if it is revealed to the investigating agency, it may interfere with his right of privacy.
- “But the power of the IO to get opened/decrypted/accessed the data of the said computer system with the help of specialised agency or person has not been denied,” the court said.
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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.