9 Jan 2024 : Daily Current Affairs

Daily Current Affairs

9 -January-2024

1. Supreme Court Strikes Down Gujarat’s Remission for 2002 Gangrape Convicts, Citing Jurisdictional Violations and Policy Inconsistencies

Topic: GS2 – Polity – Judiciary This topic is not much relevant in the context of Prelims but more for Mains in the context of judiciary’s role, the federal structure of governance, and the functioning of the criminal justice system.

Context:

Bilkis Bano was gangraped in 2002, during communal riots in Gujarat, leading to the conviction of 11 people. The Gujarat government allowed them an early release in 2022, even though they had served 14 years. The Supreme Court, however, overturned this remission and ordered the prisoners to turn themselves in within two weeks.

Lack of Jurisdiction by Gujarat Government:

• The Supreme Court, presided over by Justices BV Nagarathna and Ujjal Bhuyan, decided that Gujarat lacked the authority to hear requests for these prisoners’ remission.
• In 2004, the trial was moved from Gujarat to Mumbai because of worries about tampering with the evidence and an unfair trial setting.

Violation of Criminal Procedure Code:

• The Criminal Procedure Code’s Section 432 was cited by the court, which states that requests for remission must be filed to the government whose territory the applicant was found guilty—in this case, Maharashtra, not Gujarat.
• It was decided that the Gujarat government had usurped Maharashtra’s powers by going beyond its bounds.

Inappropriate Application of Policies:

• The court observed that, with the exception of remission for heinous crimes, the convicts were released in accordance with a 1992 Gujarat policy that had been replaced in 2014.
• The prisoners were wrongly treated under an outdated policy and had not complied with the trial court’s decision to pay a fine.

Suppression of Facts by Petitioner:

• When a prisoner requested an early release in 2022 on the grounds of the 1992 policy, the matter made its way to the Supreme Court.
• On Monday, the court’s ruling was overturned because the petitioner had concealed information about the cancellation of the policy and an earlier 2019 request to the Maharashtra government.

Future Remission Possibilities:

• In the future, the prisoners may request remission, but they must do so by approaching the Maharashtra government.
• The rights of victims and inmates’ requests for a second chance were highlighted by the court as having conflicting interests.
• The 2008 recommendations prescribe a minimum 28-year imprisonment for crimes against women and minors with extreme brutality; the outcome is dependent on the state’s remission policy.

Maharashtra Government’s Role:

• When one of the prisoners, Radheshyam Shah, approached Maharashtra in 2019, the judge suggested against an early release based on the 2008 standards.
• Any subsequent applications will be determined under the remission policy of the Maharashtra government.

Conclusion:

• The Supreme Court’s ruling emphasises the significance of jurisdiction in remission cases, emphasises the necessity of adhering to present rules, and stresses the fine line that must be drawn between providing victims with justice and offering convicted felons the chance at rehabilitation.

Legal Aspects of Remission and Release

Articles 72 and 161 of the Indian Constitution confer pardon and remission powers on the President and Governors, respectively. Chapter XXXII of the CrPC (Sections 432 to 435) outlines the procedures for remission, suspension, and commutation of sentences. Remission aims to address aspects not fully covered during court proceedings. Convicts can be released with or without conditions based on remission. Convicts serving life sentences become eligible for remission after completing 14 years of imprisonment. ·      Section 433A of the CrPC restricts the power of the President and Governors to commute death sentences to less than 14 years of life imprisonment. The remission process involves consultation between the state and the court, followed by an executive decision. The power of remission must be exercised fairly and without arbitrariness. The Supreme Court, in ‘State of Haryana v. Mahender Singh and Others’ (2007), underscored that remission should be assessed on a case-by-case basis, considering relevant factors. Remission, a product of good behavior, should not be viewed as an act of compassion but as a legal duty. Remission contributes to reformation while respecting constitutional principles.

Practice Question: Discuss the delicate balance between victims’ rights and convicts’ claims for a second chance, highlighting the significance the Bilkis Bano case in shaping the discourse on justice and rehabilitation. (200 words/12.5 m)

2. Odisha’s Cultural Bounty Recognized: Seven Unique Products Secure Geographical Indication Tags

Topic: Prelims  This topic is relevant for Prelims in the context of recognition of seven unique products which showcases the state’s cultural diversity

Context:

Seven Odisha products, highlighting the state’s rich culinary and cultural legacy, were awarded GI tags.

GI Tagging Process in India:

• GI tags are issued in India by the Ministry of Commerce and Industry’s Department for Promotion of Industry and Internal Trade.
• Interestingly, rather than being awarded to individual traders, the registration is given to a defined geographic region.
• Authorised dealers are given a unique GI number and are permitted to apply to sell GI-tagged products with the GI logo.
• The Geographical Indications of Goods (Registration and Protection) Act, 1999 imposes penalties on unregistered traders.

Seven GI-Tagged Products from Odisha:

• Kapdaganda Shawl: The Dongria Kondh tribe created the unique Kapdaganda shawl, which has red, yellow, and green thread embroidery. These shawls, which are worn by both genders, are significant as a formal commitment symbol during courtship.
• Koraput Kala Jeera Rice: This rice type, which has been grown using traditional techniques by tribal farmers in Koraput for over a millennium, is prized for its distinct black colour, aroma, and appearance resembling cumin seeds.
• Lanjia Saura Painting: These paintings, also known as Idital, are found on the mud walls of homes in the Rayagada district and are the product of the Lanjia Saura community. The artwork, which features people, plants, animals, birds, and celestial objects, is an expression of appreciation to the gods and the ancestors.
• Similipal Kai Chutney: This Mayurbhanj region specialty is prepared by hand-grinding red weaver ants. Because of its high protein, vitamin, and mineral content, the chutney is thought to strengthen immunity and fight against illness.
• Odisha Khajuri Guda Jaggery: This jaggery, called patali gur, is made in the Gajapati area from the sap of date palms. It has a distinct flavour that sets it apart from sugarcane jaggery and is dark brown in colour.
• Nayagarh Kanteimundi Brinjal: The Nayagarh district is home to this kind of brinjal, which is prized for its ability to withstand insects and cook more quickly. Records from the past indicate that it has been grown in the area for almost a century.
• Dhenkanal Magji Laddu: The Dhenkanal Magji laddu is a traditional sweetmeat in the Dhenkanal district that is produced from buffalo milk chhena. It originated in the Mandar-Sadangi area. Chhena is prepared in a certain way by draining its moisture, frying it, and then shaping it into balls.

Conclusion:

• This wide selection of GI-tagged goods offers customers a guarantee of authenticity and quality while showcasing the cultural and culinary diversity of Odisha.

Geographical Indication (GI) Tag

About: When a product has a definite geographical origin and is known for certain attributes, that origin is indicated by a Geographical Indication (GI). A sign that identifies a product as coming from a specific location is necessary for it to serve as a GI. Furthermore, the product’s attributes, features, or reputation ought to be primarily attributed to its country of origin. There is an obvious connection between the product and its original location of production because the attributes are dependent on the geographic location of production. It is applied to manufactured, natural, and agricultural products. Benefit of GI tag: No other manufacturer may use the name incorrectly to promote comparable goods after the GI protection is granted. Customers are additionally reassured about the product’s genuineness thanks to it. A third party is not permitted to use a registered Geographical Indication (GI) in any way to designate or present goods as coming from a certain geographic area. International Protection for GI: Under the Paris Convention for the Protection of Industrial Property, GI are protected internationally as a part of Intellectual Property Rights (IPRs). Adopted in 1883, the Paris Convention covers industrial property in its broadest meaning, encompassing trade names, patents, trademarks, industrial designs, utility models, service marks, and geographical indications in addition to the suppression of unfair competition. Additionally, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) of the World Trade Organisation (WTO) governs GI. GI Protection in India: Enacted in 1999, the Geographical Indications of Goods (Registration & Protection) Act became operative in 2003, following India’s accession to the World Trade Organisation (WTO). In India, the Act offers GI goods protection and registration. The Controller General of Patents, Designs, and Trademarks, who also serves as the Registrar of Geographical Indications, is in charge of carrying out this Act. Chennai is home to the Geographical Indications Registry for India. A geographical indicator can be registered for a maximum of ten years. It may be periodically extended for an additional ten years at a time.

PYQ: Which of the following has/have been accorded ‘Geographical Indication’ status? (2015) Banaras Brocades and Sarees Rajasthani Daal-Bati-Churma Tirupathi Laddu Select the correct answer using the code given below: (a) 1 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2 and 3 Ans: (c)

3.Aditya-L1 Triumphs: Enters Halo Orbit for Uninterrupted Solar Observations at First Lagrangian Point

Topic: GS3 – Science and Technology- Developing new technology- Space This topic is relevant for both Prelims and Mains in the context of India’s Space Endeavours.

Context:

Four months after launch, the Sun-studying spacecraft Aditya-L1 has made it into the halo orbit around the L1 point in the Earth-Sun system. The corona, eruptions, and solar atmosphere can all be observed continuously from this point.

Importance of Studying the Sun:

• Heat and light are produced by the Sun’s nuclear fusion reactions at its core, which are necessary for maintaining life on Earth.
• Comprehending the photosphere, chromosphere, and corona of the Sun is vital in order to appreciate the diverse energy sources and their effects.

Solar Eruptions and their Impact:

• There are serious repercussions from solar emissions, which include X-rays, UV and intense UV radiation, and the steady stream of charged particles that make up the Solar Wind.
• Space weather is influenced by solar flares and coronal mass ejections (CMEs), which can disrupt satellite communication networks and result in outages of electricity on Earth.

Aditya-L1’s Mission Significance:

• Positioned 1.5 million kilometres from Earth towards the Sun at the first Lagrangian point (L1), Aditya-L1 is equipped with seven instruments to monitor charged particles and radiations.
• The mission is crucial because it can alert people of solar eruptions in advance, allowing them to take preventative action to reduce disruptions.

Understanding L1 and Its Role:

• L1, the first Lagrangian point, is a unique place where the centrifugal force and the gravitational forces from the Sun and Earth balance one other out.
• Aditya-L1 can stay largely steady in the Earth-Sun system by being positioned precisely at L1.
• Aditya-L1’s position is stable with respect to the Sun and Earth even though it is in orbit because of the subtle interaction of gravitational forces.
• Complex Orbit and Stability Challenges:
• Although Aditya-L1 is supposed to be stationed at L1, it is really in a complex orbit to prevent instability.
• It takes around 178 days for this orbit, which is almost perpendicular to the line between the Sun and Earth, to complete one full orbit around L1.
• Aditya is carefully positioned in this orbit to prevent it from drifting away because the point L1 is naturally unstable.

Other Missions at L1:

• The Solar and Heliospheric Observatory (SOHO) and LISA Pathfinder are two of the missions that are currently positioned in the vicinity of the L1 point.
• L1 is a prime site for tracking celestial bodies, offering important new understandings of celestial mechanics.

Conclusion:

• An important milestone in solar research has been reached with Aditya-L1’s successful entry into the halo orbit, which has allowed for ongoing studies and advanced our knowledge of solar events and their possible effects on Earth.

What are Lagrange Points?

About: Lagrange points are special positions in space where the gravitational forces of two large orbiting bodies, such as the Sun and the Earth, balance each other out. This means that a small object, such as a spacecraft, can stay at these points without using much fuel to maintain its orbit. There are five Lagrange Points, each with distinct characteristics. These points enable a small mass to orbit in a stable pattern amid two larger masses. Lagrange Points in the Sun-Earth System: L1: L1 is considered the most significant of the Lagrange points for solar observations. The main benefit of having a satellite in the halo orbit around the L1 is being able to watch the Sun continually without being obscured by occultation or eclipses. It is currently home to the Solar and Heliospheric Observatory Satellite (SOHO). L2: Positioned directly ‘behind’ Earth as viewed from the Sun, L2 is excellent for observing the larger Universe without Earth’s shadow interference. The James Webb Space Telescope orbits the Sun near L2. L3: Positioned behind the Sun, opposite Earth, and just beyond Earth’s orbit, it offers potential observations of the far side of the Sun. L4 and L5: Objects at L4 and L5 maintain stable positions, forming an equilateral triangle with the two larger bodies. They are often used for space observatories, such as those studying asteroids. Note: L1, L2, and L3 points are unstable, meaning that a small perturbation can cause an object to drift away from them. Therefore, satellites orbiting these points need regular course corrections to maintain their positions

PYQ: Discuss India’s achievements in the field of Space Science and Technology. How the application of this technology has helped India in its socio-economic development? (200 words/12.5m) (UPSC CSE (M) GS-3 2016)

Practice Question: Examine the significance of Aditya-L1’s recent entry into the halo orbit around the first Lagrangian point (L1) in the Earth-Sun system. (150 words/10 m)

4. Supreme Court Upholds Rule of Law Over Personal Liberty in Bilkis Bano Case

Topic: GS2 – Polity – Judiciary This topic is relevant for both Prelims and Mains in the context of Supreme Court’s recent emphasis on the rule of law.

Context:

The Gujarat government’s decision to offer remission to the convicted in the Bilkis Bano case was overturned by the Supreme Court, raising important constitutional issues pertaining to individual liberty under Article 21. While recognising the value of individual freedoms, the court also addressed the general issue of whether the rule of law should take precedence over them.

Rule of Law Concept and Its Significance:

• The court clarified how the rule of law functions as a check on executive lawlessness, stressing that an official or administrator cannot detain or arrest a person without a legislative order.
• The rule of law, sometimes known as “a government of laws and not of men,” ensures judicial intervention when the state fails to carry out its obligations, serving as a protection against the exploitation of the legal system.

Role of Judiciary and Equality Before Law:

• The court underlined the judiciary’s duty to protect the rule of law, saying that violating this duty would be the same as rejecting equality as required by Article 14.
• It emphasised the judiciary’s crucial role in maintaining the rule of law, averting a situation in which courts apply the idea unevenly, putting democracy in jeopardy.

Compassion vs. Rule of Law:

• Rejecting appeals for sympathy and compassion in favour of preserving individual freedom, the court argued that democracy cannot exist without the rule of law.
• It emphasised the judiciary’s duty as a lighthouse in sustaining this essential ideal and underlined that it must protect the rule of law without fear, favour, affection, or malice.

Deterrent Effect of Rule of Law:

• The court emphasised how the fear of facing justice and the rule of law serve as deterrents against people who have no qualms about taking lives in order to further their own agendas.
• The court’s ruling upheld the rule of law and rejected the inmates’ request for protection of their liberty.

Historical References and Dissenting Opinions:

• Citing Justice VR Krishna Iyer’s remarks on the finest hour of the rule of law disciplining life and Justice HR Khanna’s dissenting opinion in ADM, Jabalpur vs. Shivakant Shukla (1976), the ruling drew on historical perspectives on the rule of law to emphasise how the rule of law opposes arbitrariness. 

Conclusion:

• The Supreme Court’s decision offers a thorough examination of the rule of law and its importance in a democratic society in addition to addressing the particulars of the Bilkis Bano case.

What are the constitutional articles regarding the Rule of Law?

Article 14: This is the primary article in the constitutional scheme of things. This guarantees the right to equality before the law and equal protection of the laws. Article 19: This guarantees the right to freedom of speech and expression, assembly, association, and movement, subject to reasonable restrictions. Article 21: This guarantees the right to life and personal liberty, and provides that no person shall be deprived of these rights except according to procedure established by law. Article 32: This provides for the right to constitutional remedies, which means that individuals have the right to approach the Supreme Court for the enforcement of their fundamental rights. Article 50: This directs the State to separate the judiciary from the executive, in order to ensure the independence of the judiciary.

Practice Question: Examine the Supreme Court’s recent judgment in the Bilkis Bano case, emphasizing the rule of law over personal liberty. Discuss the constitutional principles underpinning the rule of law and its centrality in a democratic society. (200 words/12.5 m)

5. India, Maldives discuss spat as Israel embassy also joins the controversy.

Topic: GS2 – International Relations – India and its neighbourhood Relevant for UPSC as it involves diplomatic tensions between India and the Maldives, impacting bilateral relations and regional dynamics.

Context:

The MEA summons the Maldivian envoy amid a verbal spat over disrespectful remarks by three Deputy Ministers. Israel intervenes, praising Lakshadweep’s tourism potential. Diplomatic efforts ongoing to address tensions.

What is the recent controversy between India – Maldives?
Negative Comments from Maldivian Officials:

• Three Maldivian deputy ministers made derogatory remarks about PM Modi and Lakshadweep on social media, accusing India of promoting tourism in Lakshadweep as a threat to Maldives’ tourism industry.
• Some Maldivian social media users joined the criticism, expressing concerns about Lakshadweep becoming an alternative to Maldives.

Maldivian Government’s Response:

• The Maldivian government distanced itself from the ministers’ comments and suspended them.
• President Muizzu emphasized the importance of maintaining good relations with India.

Indian Reaction:

• Indian netizens launched a counter-offensive on social media, defending Lakshadweep and criticizing the Maldivian ministers’ remarks.
• Some Indians called for a boycott of Maldives as a tourist destination.
• The Indian government summoned the Maldivian High Commissioner to express its displeasure over the ministers’ comments.

Importance of India – Maldives Relations

Historical and cultural ties: Shared ancient links, Buddhism, and strong cultural exchanges create a bedrock for cooperation. Strategic location: Maldives sits in the Indian Ocean, a key maritime highway and gateway to the West Asia. Stability in Maldives is crucial for India’s maritime security. Economic partnership: India is a major trade partner and source of investment for Maldives, supporting tourism and infrastructure development. Counter-terrorism and security: Both nations collaborate in preventing piracy, drug trafficking, and terrorism in the region. Climate change and environmental cooperation: Shared concerns about rising sea levels and environmental protection require collective action. Regional and international cooperation: Maldives and India work together on regional forums like SAARC and BIMSTEC, and collaborate on global issues like climate change. People-to-people ties: Strong educational and tourism exchanges foster close understanding and friendship between the populations. Shared vision for the Indian Ocean: Both countries desire a peaceful and prosperous Indian Ocean region, free from external interference.

PYQ: Discuss the political developments in Maldives in the last two years. Should they be of any cause of concern to India?(UPSC CSE (M) GS-2 2013)

Practice Question: Analyze the multifaceted significance of India-Maldives relations for both nations, highlighting key strategic, economic, and cultural pillars. (150 words/10 m)

 

6. I have to form Bench to hear plea against collegium system: CJI.

Topic: GS2 – Judiciary – Functioning Significant for UPSC as it involves the debate over judicial appointments, the role of the NJAC, and critiques of the collegium system.

Context:

Chief Justice Chandrachud indicates forming a Supreme Court Bench to hear a petition against the collegium system, advocating for the revival of the National Judicial Appointments Commission and criticizing the collegium system as nepotistic.

What is the collegium system?
Definition:

• A system for appointment of judges to higher courts in India, where a committee of senior judges recommends candidates for vacant positions.

Advantages:

• Judicial independence:Protects judges from political interference in appointments and promotes judicial independence.
• Meritocracy: Aims to ensure selection based on competence and seniority, fostering judicial quality.
• Collegiality: Promotes consultation and consensus among judges in the selection process.
• Transparency: Recent reforms have increased transparency in the selection process.

Challenges:

• Lack of diversity:Overrepresentation of certain communities and social backgrounds among judges.
• Opacity in initial stages:Lack of transparency in the initial shortlist can raise concerns about bias.
• Accusations of nepotism:Potential for favoritism towards judges from the same court or background.
• Accountability concerns:Limited avenues for external scrutiny and accountability of the process.
• Political tensions:Potential for friction between the judiciary and the government over appointments.

PYQ: Critically examine the Supreme Court’s judgement on ‘National Judicial Appointments Commission Act, 2014’ with reference to appointment of judges of higher judiciary in India. (150 words/10m) (UPSC CSE (M) GS-2 2017)

Practice Question: Critically analyze the collegium system for appointment of judges in India. Discuss its merits and demerits, and suggest potential reforms for ensuring a more transparent and representative selection process.(250 words/15 m)

7. South Korea superconductivity claim revived with new data.

Topic: GS3 – Science and Technology – Developing new Technology Critical for UPSC as it involves potential breakthrough in room-temperature superconductivity, impacting technology, energy, and scientific advancements.

Context:

The article discusses a preprint study by Chinese and Japanese scientists claiming signs of near-room-temperature superconductivity in LK-99 (copper-substituted lead apatite), addressing challenges and controversies in the field.

Background:

• Scientists from China and Japan report finding a sign of superconductivity in copper-substituted lead apatite, previously at the center of controversy over similar claims.
• The study is described in a preprint paper uploaded on January 2, still pending peer review.

Meissner Effect:

• The observed sign of superconductivity is the Meissner effect, where certain materials expel magnetic fields from their bulk when they become superconductors.
• The material in question is LK-99, a copper-substituted lead apatite.

Types of Superconductors:

• Superconductors exhibit properties at extremely low temperatures or high pressures.
• Scientists aim to discover a room-temperature and pressure (RTP) superconductor for practical applications.

Advantages of RTP Superconductor:

• Potential applications include zero-loss electricity transmission, medical diagnostics, computing, power generation, and advanced electronic circuits.

New Study on LK-99:

• Researchers report a potential sign of near-RTP superconductivity in LK-99 (copper-substituted lead apatite).
• Study continues despite previous failures to find signs of superconductivity, utilizing a “state of the art” approach in synthesizing LK-99 samples.

Experimental Approach:

• Researchers applied a slowly strengthening magnetic field to LK-99 samples and observed the hysteresis loop in direct current measurements.
• The hysteresis loop provides information about the material’s superconducting states under varying conditions.

Results and Challenges:

• LK-99 samples may have a critical temperature of around -23 degrees C, suggesting near-room-temperature superconductivity.
• Challenges include small portions of superconducting material in samples and interference from cuprous sulphide affecting molecular structure analysis using X-rays.

Conclusion:

• The study suggests the possibility of room-temperature superconductivity in LK-99 but acknowledges challenges and the need for further research and synthesis techniques.

8. Exploring India’s diverse cultural heritage through GI tags.

Topic: GS3 – Indian Economy – Intellectual Property Rights Critical for UPSC: GI tags showcase cultural diversity, economic significance, and regional uniqueness, reflecting India’s rich heritage and trade.

Context:

The article discusses the recent awarding of Geographical Indications (GI) tags to 17 diverse products across India, ranging from handicrafts to agricultural goods. It highlights the significance, application process, and state-wise distribution of GI tags.

 Geographical Indications (GI) Tags Overview:

• GI tags signify specific geographical origin, unique qualities, or reputation of products.
• Products range from handicrafts to agricultural goods, reflecting cultural diversity.

Applying for GI Tags:

• Traders, associations, or organizations can apply.
• Applicants must prove uniqueness with historical records and detail the product-making process.

Diverse GI Tags in India:

• Over 500 GI tags across 34 product classes, including chemicals, food, handicrafts, etc.
• Raw materials for products need not originate from the region (except for agricultural tags).

State-wise Distribution of GI Tags:

• Every Indian state has at least one GI tag.
• Tamil Nadu leads with 61 GI tags, followed by Uttar Pradesh (56), Karnataka (48), Kerala (39), and Maharashtra (35).

Categories of GI Tagged Products:

• Handicrafts dominate, with over half of the GI tags.
• Products categorized into five major types: Handicrafts, Agricultural, Natural Goods, Manufactured, and Foodstuffs.

Examples of GI Tagged Items:

• Agra’s leather footwear, Kanpur’s saddles, Lucknow’s Chikankari embroidery are among UP’s GI tags.
• Coimbatore’s wet grinder receives a GI tag under the “manufactured” category.

Cultural Richness and Heritage:

• Tamil Nadu, Uttar Pradesh, Karnataka, Kerala, and Maharashtra have significant numbers of GI tags.
• Varanasi offers 11 unique crafts, Mysuru has 10, and Thanjavur showcases paintings and bobblehead dolls.

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