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DAILY NEWS ANALYSIS

Monthly DNA

13 Jan, 2024

23 Min Read

Supreme Court Legal Services Committee (SCLSC)

GS-II : Governance Governance

Recently, Department of Justice have announced nomination of Supreme Court judge Justice BR Gavai as the Chairman of the Supreme Court Legal Services Committee (SCLSC).

  • Constituted under - Section 3A the Legal Services Authorities Act, 1987 which states that the Central Authority (NALSA) shall constitute the committee.

Legal Services Authorities Act was constituted in 1987 to give a statutory base to legal aid programmes and to provide free and competent legal services to eligible groups.

  • National Legal Services Authority (NALSA) was constituted in 1995 to monitor and evaluate the implementation of legal aid programmes and to lay down policies for making them available.
  • Objective – To provide free and competent legal services to the weaker sections of society, in cases falling under the top court’s jurisdiction.
  • Composition – It consists of a sitting SC judge, who is the chairman, along with other members possessing the experience and qualifications prescribed by the Centre.

Currently in 2024, SCLSC consists of chairperson and 9 members.

  • Selection criteria – Under Section 27 of the 1987 Act, the Centre is empowered to make rules in consultation with the CJI, by notification.
  • Rule 10 of the NALSA Rules, 1995, entails the numbers, experience, and qualifications of the SCLSC members.
  • AppointmentCJI nominates both the chairman and other members of SCLSC and appoints the Secretary to the Committee.
  • Powers of the Committee – It can appoint officers and other employees as prescribed by the Centre, in consultation with the CJI.

Free Legal Aid in India

  • Article 39A – The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid.
  • Article 14 – It entails right to equality and make it obligatory for the state to ensure equality before law.
  • Article 22(1) – It entails the rights to be informed of grounds for arrest which make it obligatory for the State to ensure a legal system that promotes justice based on equal opportunity.

The Committee for Implementing Legal Aid Schemes chaired by the then SC Justice PN Bhagwati started monitoring legal aid activities throughout India, thereby conceptualised the free legal aid in India.

Source:

Road Accidents and New HIT and RUN Law

GS-II : Governance Road accidents

Transporters and commercial drivers from States like Maharashtra, Chhattisgarh, West Bengal, and Punjab have staged protests against the recent legislation concerning hit-and-run incidents.

Road Accidents in India in 2022

  • India witnessed a year-on-year increase of 12% in road accidents and 9.4% in fatalities in the same year while there is a 5% global decrease in road crash deaths.
  • It registered the highest count of road crash fatalities, exceeding 1.68 lakh deaths.
  • An average of 462 deaths daily and 19 deaths every hour which amounts to nearly 1 death every 3 and a half minutes.
  • Over 50% of all road fatalities occurred on national and State highways, which form less than 5% of the total road network.
  • With only 1% of the world’s vehicles, India accounts for about 10% of crash-related deaths and incurs an economic loss of 5-7% of its GDP annually due to road crashes.

Principle underlying the law – It wants to prevent drivers from engaging in rash and negligent driving that may lead to death.

The National Crime Records Bureau (NCRB) recorded 47,806 hit and run incidents which resulted in the deaths of 50,815 people in 2022.

  • It creates a positive obligation on part of the offender to report such an incident to the police or magistrate
  • It enforces moral responsibility on the part of the offender towards the victim of a road accident.
  • Such conversion of moral responsibility into a legal duty is not new to cases pertaining to motor vehicle accidents.
    • For instance, Section 134 of the Motor Vehicles Act, 1988, requires the driver to take all reasonable steps to secure medical attention for the injured person unless it is not practicable on account of mob fury.

In the case of Rajesh Tyagi versus Jaibir Singh (2021), Delhi High Court had formulated that the offender fleeing from the spot as a significant factor for motor accidents claim.

  • Provision – Section 106 (2) of the Bharatiya Nyaya Sanhita, 2023.
  • Hit and Run – It is an offence for fleeing an accident spot and failing to report the incident to a police officer or a magistrate.

Section 304A of the Indian Penal Code, 1860 also covers provision on causing of death due to rash or negligent acts under

Penalty – It is up to 10 years in jail and Rs 7 lakh fine.

Section 106 (1) of the BNS applies to rash or negligent driving where if the driver reports the matter to the police, they shall incur a punishment of up to 5 years with a fine.

What are the concerns with the new law?

  • Primary concern – Severe punishment of imprisonment and a fine for the drivers.
  • Not aligned with the realities of road transport – It fails to consider
    • Driver’s challenging work conditions, including long driving hours and difficult roads.
    • The factors beyond the driver’s control, such as poor visibility due to fog.
    • The scenario of mob violence against drivers in the event that they stop to assist the injured at accident sites.

It may be abused by law enforcement agencies to their detriment.

Against the principles of equality– An exception under 106 (1) of the BNS for doctors, where the punishment will be up to 2 years with a fine.

Other issues – There is no actual mention in the BNS about the fine being Rs 7 lakh.Despite increase in the quantum of punishment, the offence has not been made non-bailable.

Mismatch with existing provision – Section 161 of the Motor Vehicles (Amendment) Act, 2019, provides Rs 2 lakh compensation for victims of hit-and-run accidents and for grievous hurt it is Rs 50,000.Unlike Section 106 (2) of BNS, the compensation in this case is not recoverable from the drivers.

Road Accident Mitigation Measures Taken by the Ministry of Road Transport and Highways?

Education Measures:To create effective public awareness about road safety, the Ministry undertakes various publicity measures and awareness campaigns through social media, electronic media and print media.Further, Ministry implements a scheme to provide financial assistance to various agencies for administering Road Safety Advocacy.

Engineering Measures:Road safety has been made an integral part of road design at planning stage. Road Safety Audit (RSA) of all highway projects has been made mandatory at all stages.The Ministry has notified the mandatory provision of an airbag for the passenger seated on the front seat of a vehicle, next to the driver.

Enforcement Measures:The Motor Vehicles (Amendment) Act, 2019.Electronic Monitoring and Enforcement of Road Safety rules (specify the detailed provisions for placement of electronic enforcement devices (speed camera, body wearable camera, dashboard camera, etc)).

What are the Initiatives Related to Road Safety?

Global:

Brasilia Declaration on Road Safety (2015):The declaration was signed at the second Global High-Level Conference on Road Safety held in Brazil. India is a signatory to the Declaration.The countries plan to achieve Sustainable Development Goal 3.6 i.e., to halve the number of global deaths and injuries from road traffic accidents by 2030.

Decade of Action for Road Safety 2021-2030:The UN General Assemblyadopted resolution "Improving global road safety " with the ambitious target of preventing at least 50% of road traffic deaths and injuries by 2030.The Global Plan aligns with the Stockholm Declaration by emphasizing the importance of a holistic approach to road safety.The International Road Assessment Programme (iRAP): It is a registered charity dedicated to saving lives through safer roads.

India:

Motor Vehicles Amendment Act, 2019:The Act hikes the penalties for traffic violations, defective vehicles, juvenile driving, etc.It provides for a Motor Vehicle Accident Fund, which would provide compulsory insurance cover to all road users in India for certain types of accidents.It also provides for a National Road Safety Board, to be created by the Central Government.

The Carriage by Road Act, 2007:The Act provides for the regulation of common carriers, limiting their liability and declaration of the value of goods delivered to them to determine their liability for loss of, or damage to, such goods occasioned by the negligence or criminal acts of themselves, their servants or agents and for matters connected therewith or incidental thereto.

The Control of National Highways (Land and Traffic) Act, 2000:The Act provides for the control of land within the National Highways, right of way and traffic moving on the National Highways and also for removal of unauthorized occupation thereon.

National Highways Authority of India Act 1998:The Act provides for the constitution of an authority for the development, maintenance and management of NHs and for matters connected therewith or incidental thereto.

Sundar Committee Recommendations on Road Safety

  • Creation of the National Road Safety & Traffic Management Board, an apex body at the national level to promote road safety and traffic management in the country, to be constituted through an Act of the Parliament with members and experts drawn from various fields including road engineering, automobile engineering, traffic laws, medical care, etc.
  • Establishment of State Road Safety & Traffic Management Boards in each state and union territory, with similar functions and powers as the national board, to coordinate with the state governments and local authorities on road safety and traffic management issues.
  • Development of a National Road Safety Plan with specific targets, strategies, and action plans for reducing road accidents and fatalities, and enhancing road safety and traffic management.
  • Improvement of post-accident care and trauma management, and establishment of a national road accident database and information system, with standardized formats and protocols for data collection, analysis, and dissemination.
  • To provide flow of funds, the Committee has suggested earmarking of 1% of total proceeds of cess on diesel and petrol for Road Safety Fund.
  • The Committee has also dwelt upon other various issues like decriminalization of road accidents, insurance and dedicated highway police, etc.

Based on the recommendations of the Sundar Committee, the Union Cabinet approved the National Road Safety Policy in 2010.

Source:

Ministry of Fisheries and Animal Husbandry-Year review

GS-III : Economic Issues Fisheri

The Ministry was carved from the Ministry of Agriculture and Farmer’s Welfare in 2019.

  • Departments
    • Department of Fisheries
    • Department of Animal Husbandry and Dairying

Department of Fisheries

  • Fisheries sector plays an important role in the Indian economy as it contributes to the national income, exports, food and nutritional security as well as employment generation.
  • It is recognized as the ‘Sunrise Sector’ and is instrumental in sustaining livelihoods of around 30 million people in India particularly that of the marginalized and vulnerable communities.

Key Initiatives/Schemes

Institutes

  • The Department is responsible for the development of inland , marine and coastal fisheries and fishery institutes.

Name of the Institute

Headquarters

Fishery Survey of India

Mumbai

Central Institute of Fisheries Nautical and Engineering Training

Kerala

Central Institute of Coastal Engineering for Fishery

Bangalore

National Institute of Fisheries Post Harvest Technology and Training

Kochi

National Fisheries Development Board

Hyderabad

Coastal Aquaculture Authority

Chennai

Pradhan Mantri Matsya Sampada Yojana (PMMSY)

Flagship scheme to bring Blue Revolution through sustainable and responsible development of fisheries sector in India.

Aim - To double the income of fish farmers and fishers in the country

Launched - 2020

  • Components
    • Central Sector Scheme (CS) and
    • Centrally Sponsored Scheme (CSS).

Tenure- 5 years (from 2020-21 to 2024-25)

  • Artificial reef program- Implemented by Fishery Survey of India (FSI) and ICAR-Central Marine Fisheries Research Institute (CMFRI) to rejuvenate coastal fisheries.
  • Matsya Sampada Jagrukta Abhiyan- An outreach programme to reach fish farmers and 3477 coastal villages and ensures last mile connectivity.
  • Sagar mitras- Youth will be engaged in fisheries extension through the interface between the Government and fishers and act as first person of contact for any marine fisheries related demands/services of fishers.
  • Swath sagar plan- To modernize the fisheries sector including the promotion of Bio-toilets, insurance coverage for fishing vessels, fisheries management plan, e-trading and national IT based database.

Fisheries and Aquaculture Infrastructure Development Fund (FIDF)

  • Launch year- 2018
  • Tenure- 2018-19 to 2022-23
  • Aim- To achieve a sustainable growth of 8-9%, to augment the country’s fish production to the level of 20 million tonnes by 2022-23.
  • Nodal Implementing Agency - National Fisheries Development Board (NFDB), Hyderabad.
  • Nodal Loaning Entities - NABARD, National Cooperative Development Corporation and Scheduled Banks.
  • Lending rate of interest - Not lower than 5% per annum.
  • Period of repayment - 12 years inclusive of moratorium of 2 years on repayment of principal.

Kisan Credit Card (KCC)

  • KCC scheme was extended in 2018-19 to fisheries and animal husbandry farmers to help them meet their working capital requirements.
  • Kisan Rin portal- This digital platform offers a comprehensive view of farmer data, loan disbursement specifics, interest subvention claims etc.,

Pradhan Mantri Matsya Kisan Samridhi Sah-Yojana

  • Central Sector Sub Scheme- Under Pradhan Mantri Matsya Sampada Yojana (PMMSY)
  • Objective- To enhance the earnings and incomes of fishermen, fish vendors and micro & small enterprises engaged in fisheries sector.
  • The scheme focus on gradual formalization of the unorganized fisheries sector including digital inclusion, facilitating access to institutional financing, maintenance of job for women in fisheries sector etc.,

Multipurpose Seaweed Park

  • India’s 1st Fisheries Aquapark in form of Multipurpose Seaweed Park in Tamil Nadu was announced in the Union Budget 2021.
  • Model - Hub-and-spoke model
  • Objective - To promote the cultivation and conservation of seaweed.
  • To supply high quality seaweed planting materials, product innovation lab to develop new product lines, testing facility for quality testing of water and seaweed products, along with single window support for entrepreneurs and processors.

Major Fishing harbours

  • Chennai, Kochi, Paradip, Petuaghat and Vishakhapatnam

Sagar Parikrama Yatra

  • Aim- To solve the problems of fishermen and fish farmers by disseminating information about various government schemes.
  • Recent Sagar Parikrama Yatra Phase-X has emerged as a significant initiative to empower coastal communities and promote sustainable development in the fisheries sector.

Global Fisheries Conference India 2023

  • The event was organised at the Gujarat Science City, Ahmedabad.
  • The event is the 1st edition which was instrumental in getting varied stakeholders together on one platform and facilitate discussions for internal and international collaboration.

National Fish Farmer’s Day

  • It is celebrated on 10th July every year to commemorate the remarkable achievements of the Indian fisheries sector.

G-20 Agriculture Working Group

  • The 1st meeting of the group showcased the development in the Fisheries and Aquaculture Sector which discussed on themes such as inclusive agricultural value chains and food systems.

Report Food Disease Mobile App

  • It has been developed by ICAR-National Bureau of Fish Genetic Resources (NBFGR), Lucknow and launched under the National Surveillance Programme for Aquatic Animal Diseases.
  • The app can be used by the farmers to report disease cases in finfish, shrimps and molluscs on their farms to the field level-officers and fish health experts and get scientific advice for quickly addressing the disease problems on their farms.

Other initiatives

  • World Food India
  • Special Campaign 3.0
  • Run for Unity programme

Department of Animal Husbandry and Dairying

  • It is responsible for livestock production, preservation, protection from diseases and improvement of stocks and dairy development.

Sector

Significance

Livestock

Contributes 30.19% in 2021-22 from 24.38% in 2014-15 to agriculture and allied sector

Dairy

The single largest agricultural commodity contributing 5% of the national economy.

Egg

As per FAO data, India ranks 2nd in the production

Meat

As per FAO data, India ranks 5th in the production

Key Initiatives/Schemes

Rashtriya Gokul Mission

  • Launch year- 2014
  • Aim- To genetically improve the cattle population and promote and conserve indigenous cattle breeds.
  • Accredited Agent for Health and Extension of Livestock Production: Help in artificial insemination and in preventing the livestock from infectious diseases.
  • E-Pashu Haat- An e-market portal connecting breeders and farmers to provide quality- disease free bovine germplasm.
  • Pashu Sanjivni- An Animal Wellness Programme with the provision of animal health cards along with Unique ID identification.
  • Gokul Gram- Establishment of integrated indigenous cattle centres.
  • Gopalan Sangh- Establishment of breeder’s societies
  • National Digital Livestock Mission- Established by National Dairy Development Board (NDDB), to improve the productivity, control diseases, ensure quality livestock both for domestic and export markets.
  • National Kamdhenu Breeding Centres- Established as Centres of Excellence.
  • DNA based genomic selection
    • INDUSCHIP- Developed by NDDB for selection of elite animals of indigenous breeds
    • BUFFCHIP- Developed for genomic selection of buffalos which is 1st time in the world
  • Progeny Testing Programme- Implemented for Gir, Shaiwal indigenous breed of cattle and Murrah, Mehsana indigenous breed of buffalo.
  • Sex sorted semen production- Introduced for production of only female calves up to 90% accuracy with subsidy of Rs 750 or 50% of the cost of sorted semen on assured pregnancy to farmers.
  • Rashtriya Pashudhan Vikas Yojana- Rashtriya Gokul Mission is continued under this umbrella scheme from 2021 to 2026.
  • Gopal Ratna award is given to farmers and Kamadhenu award to breeders’ societies.

Dairy Processing and Infrastructure Development Fund

  • Objectives
    • Modernization of milk processing plants and machinery
    • Creation of additional infrastructure for processing more milk
    • Bringing more efficiency in dairy processing plants and dairy institutions
  • Implementing agency
    • National Dairy Development Board (NDDB)
    • National Cooperative Development Corporation (NCDC)
  • Financial assistance- by NABARD

National Program for Dairy Development

  • Aim- To strengthen infrastructure for the production of high-quality milk as well as for the procurement, processing, and marketing of milk and milk products.

Statutory Bodies

Statutory Body

Headquarters

About

National Dairy Development Board (NDDB)

Anand, Gujarat

Premier institution to accelerate the pace of dairy development on cooperative lines in the country.

It launched Operation Flood in 1970

Veterinary Council of India

New Delhi

Responsible for regulating veterinary practices as well as for maintaining uniform standards of veterinary education

Animal Welfare Board of India

Tamil Nadu

Advisory body on animal welfare laws and promotes animal welfare in the country

National Livestock Mission

  • Launch year- 2014-15
  • Objective- Sustainable development of livestock sector, focusing on improving availability of quality feed and fodder, risk coverage, effective extension, improved flow of credit and organization of livestock farmers / rearers etc.,
  • Sub-missions
    • Sub-Mission on Breed Development of Livestock & Poultry
    • Sub-Mission on Feed and Fodder development
    • Sub-Mission on Extension and Innovation

Animal Husbandry Infrastructure Development Fund

  • Announced under Atma Nirbhar Bharat Abhiyan stimulus package.
  • Aim- To incentivize investments by individual entrepreneurs, private companies, MSME, Farmers Producers Organizations (FPOs) and Section 8 companies to establish
    • Dairy processing and value addition infrastructure
    • Meat processing and value addition infrastructure and
    • Animal Feed Plant

Livestock Health and Disease Control Programme

  • Aim- To improve the animal health sector through prophylactic vaccination programmes against various diseases of livestock and poultry, capacity building, disease surveillance and strengthening of veterinary infrastructure.
  • Mobile Veterinary Units (MVUs)- 1 MUV is provided approximately for 1 lakh livestock population at strategic locations to provide service within targeted time.
  • Classical Swine Fever Control Program (CSF-CP)- Classical Swine Fever is a highly contagious viral diseases of pigs and the program is implemented with 100% central assistance.

Livestock Census and Integrated Sample Survey Scheme

  • It is a Centrally sponsored scheme with two components
    • Livestock Census
    • Integrated Sample Survey Scheme
  • Livestock Census
    • Aim- To provide information on livestock population species-wise and breed-wise along with age, sex-composition etc., up to household level in rural and urban areas.
    • Livestock census started in 1919 till now 20 livestock census has been conducted.
    • Tablet computers were introduced for the first time in the 20th livestock census, the next census will be conducted in 2024.

Integrated Sample Survey Scheme-

  • Aim- To bring about the estimates of major livestock products such as milk, egg, meat and wool.
  • Published- Annually in the Basic Animal Husbandry Statistics.
  • eLISS- A specialised software through which data is entered into the tablets by the field workers.

Animal Health Support System for One Health

  • The project focus on upgrading the laboratory, veterinary hospital/dispensary infrastructure and work towards strengthening disease surveillance and reporting using One Health approach.
  • Tenure- 2022-23 to 2026-27
  • Implementation states- Assam, Karnataka, Madhya Pradesh, Maharashtra and Odisha.

% of funding

Given by

50%

Central funding under Livestock Health and Disease Control Programme

50%

World Bank

Source:

Effects of industries on Dahej

GS-III : Biodiversity & Environment Biodiversity & Environment

Industrial pollution has destroyed local fisheries in Dahej near Bharuch, Gujarat.

Dahej

  • Location - Near the ancient port site of Barygaza (near today’s Bharuch) on the Gulf of Khambhat, Gujarat.
  • Economic importance - It began to be developed as a Special Economic Zone (SEZ) in 1990.
  • It is one of the four Petroleum, Chemical and Petrochemicals Investment Regions (PCPIR) in the country.

Ecological significance - The freshwater of the Narmada enters the saline waters of the Gulf of Khambhat in Dahej.

  • Many types of sea life including shrimp, bumla, salmon, boi, makul are found here.
  • It is also the breeding ground of the Hilsa (‘palwa’ in Gujarat) fish.

Gujarat has the longest coastline in the country (1,600 km) and an Exclusive Economic Zone covering an area of 0.214 million square kilometres.

Effects of industries on Dahej

  • Dahej is witnessing the increasing stench of chemicals in the air, turbid sea water and decreasing of fish population.
  • The Gujarat Ecology Commission, in its environmental strategy for the year 2014-2019, found Bharuch district to be critically polluted in terms of industrial waste.

Source:

Education and Research Network (ERNET)

GS-III : S&T R&D

  • The Education and Research Network is an autonomous scientific society of the Ministry of Electronics and Information Technology.
  • ERNET was established in 1986 to provide a networking infrastructure for the research and education community with its headquarters are in New Delhi.

ERNET's mandate is to support the needs of academic and research institutions through consultancy, project management, training, and other value-added services.

Source:

Kuppa Pumped Hydro Storage Project

GS-III : Economic Issues Energy

  • NHPC Limited and Gujarat govt sign MoU for Rs.4,000 crore in the proposed 750 MW Kuppa Pumped Hydro Storage Project in Chhota Udaipur, Gujarat.
  • It aims to utilize pumped hydro storage projects for energy storage and addressing.

It is a part of “Vibrant Gujarat” initiative.

Source:

North India's 1st Biotech Industrial Park

GS-III : S&T S&T

  • North India’s 1st industrial biotech park inaugurated in Jammu and Kashmir’s Kathua recently.
  • Biotech Parks offer facilities to scientists and small and medium-sized enterprises (SMEs) for technology incubation, demonstration, and pilot plant studies.

The parks are established to facilitate product advancement and innovation through the development of biotechnology industrial clusters.

Source:

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