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New Ruling On Benami Law May Unearth Old Deals

stylish lining

Context: The Appellate Tribunal on Disputes in Benami Matters has ruled that “Held” used in the Benami Act 2016 also covers the proceeds of crime committed before 2016, and is currently being held or possessed by the beneficiary. 

News:

Tribunal Decision Regarding Benami Property:

  • The tribunal has decreed that the possession of a Benami property following the 2016 amendment to the Benami Act of 1988 would be considered a Benami transaction.
  • If higher courts uphold this interpretation, it may carry substantial consequences, potentially subjecting previous transactions to legislation that was previously invalidated by the Supreme Court. The avenue for challenging this ruling lies with both the High Court and the Supreme Court.

Benami Definition (2016 Act):

A benami transaction refers to a situation or agreement in which a property or assets, such as stocks, is ostensibly "transferred" to or is officially "held" by one individual, while the actual consideration for such property has been furnished or paid by another individual. Consequently, the individual holding the asset is not the genuine beneficial owner of the property.

Benami Transactions (Prohibition) Amendment Act 2016 :

1. Expanded Definition:

  • Introduced the concept of "held" in addition to "transferred" in defining benami transactions.

2. Increased Penalties:

  • Elevated the imprisonment term from 3 to 7 years.
  • Imposed fines up to 25% of the value of the benami property.

3. Confiscation of Property:

  • Instituted the confiscation of properties acquired through benami transactions.

4. Strengthened Administrative and Legal Procedures:

  •  Established designated officers for investigation and adjudication:
  •  Initiating Officer
  •  Approving Authority
  •  Administrator
  •  Adjudicating Authority
  •  Streamlined procedures and established an Appellate Tribunal for appeals.

5. Impact of the Legislation:

  • The income tax department issued numerous notices and initiated criminal prosecutions against companies and individuals.
  •  Properties were confiscated using the retrospective clause of the new law.

6. Supreme Court Judgment (August 2022):

  • Declared the retrospective application of the benami law as unconstitutional.

7. Present Tribunal Ruling:

  • Asserts that the existence of a transaction, demonstrated by the holding of an asset post-November 2016, would be considered a continuation of the offense under the law.

South china sea

stylish lining

Context: China showcased on Thursday fighter jets firing missiles in the South China Sea, as it held rival military exercises with the United States in the hotly contested waters.The drills follow tense standoffs between Beijing and Manila in disputed reefs that saw vessels from the two countries collide and Chinese ships blast water cannon at Philippine boats.

Significance of the South China Sea:

  1. Strategic Location:
    • The South China Sea is strategically located, bordered by China and Taiwan to the north, the Indo-Chinese peninsula to the west, Indonesia and Brunei to the south, and the Philippines to the east (known as the West Philippine Sea).
    • It is connected to the East China Sea through the Taiwan Strait and to the Philippine Sea through the Luzon Strait, both marginal seas of the Pacific Ocean.
  2. Trade Importance:
    • A vital global trade route, with approximately USD 3.37 trillion worth of trade passing through in 2016.
    • According to the Center for Strategic and International Studies (CSIS), 80% of global trade by volume and 70% by value occurs through sea routes, with 60% passing through Asia and one-third through the South China Sea.
    • China, as the world's second-largest economy, heavily depends on the South China Sea, with around 64% of its trade moving through this region. In contrast, only 14% of U.S. trade navigates these waters.
    • India relies on the South China Sea for about 55% of its trade.
  3. Fishing Ground:
    • The South China Sea serves as a significant fishing ground, offering a crucial SOURCE of livelihood and food security for millions of people in the region.

Major Disputes in the South China Sea:

Dispute Nature: The central issue in the South China Sea dispute revolves around competing territorial claims concerning land features, including islands and reefs, along with their associated territorial waters.

Key Features in Dispute:The primary contested island and reef formations include the Spratly Islands, Paracel Islands, Pratas, the Natuna Islands, and Scarborough Shoal.

  • Extent of Disputed Areas: There are approximately 70 disputed reefs and islets, with China, Vietnam, the Philippines, Malaysia, and Taiwan all involved in constructing over 90 outposts on these contested features.
  • China's Claims: China asserts dominance over up to 90% of the sea, as depicted by its "nine-dash line" map.The country has undertaken physical expansions of islands and erected military installations to strengthen its control.
  • Chinese Activities: China has been notably active in the Paracel and Spratly Islands, engaging in extensive dredging and artificial island-building, resulting in the creation of 3,200 acres of new land since 2013.Control over the Scarborough Shoal is maintained by China through a consistent Coast Guard presence.

Amrit Dharohar Capacity Building Scheme

stylish lining

Context: Ministry of Tourism conducted training in Bhitarkanika National Park, Odisha under Amrit Dharohar Capacity Building Scheme

About the scheme:

  • Under this initiative, IITTM, an autonomous body under MoT, in collaboration with MoEFCC will build the capacity of local community members around different Ramsar sites in order to strengthen nature tourism at these sites and provide alternative livelihood to the local community.
  • With the help of State Forest Deptt., a total of 30 participants have been identified from the local communities located around Sultanpur Bird Sanctuary to impart this training and subsequently certify them as nature-guides.

Amrit Dharohar scheme

  • The Amrit Dharohar Scheme is a collaborative initiative of the Ministry of Tourism (MoT) in conjunction with the Ministry of Environment, Forest & Climate Change (MoEFCC).
  • The primary goal of the Amrit Dharohar Scheme is to enhance the capabilities of local community members around various Ramsar sites. This effort is led by the Indian Institute of Tourism & Travel Management (IITTM), an autonomous body under MoT.
  • The scheme holds significance as it aims to fortify nature tourism at these designated sites while concurrently offering alternative livelihood opportunities to the local community.
  • The Indian Institute of Tourism & Travel Management (IITTM) is responsible for executing the Amrit Dharohar Scheme.
  • The Ministry of Tourism and Ministry of Environment, Forest & Climate Change have identified five priority sites for the initial phase of the scheme. These sites include Sultanpur (in Haryana), Bhitarkanika and Chilika (in Odisha), and Yashwant Sagar and Sirpur (in Madhya Pradesh). Training programs for local communities, falling under the Alternative Livelihood Programme (ALP), will be initiated at these locations.

Bhitarkanika National Park:

  • Bhitarkanika National Park is situated over an extensive area of 672 square kilometers in Orissa, India.
  • It stands as the second largest mangrove ecosystem in India.
  • The national park is essentially a network of creeks and canals, inundated by the waters from rivers Brahmani, Baitarani, Dhamra, and Patasala, creating a distinctive ecosystem.
  • Due to its proximity to the Bay of Bengal, the soil in the region is enriched with salts. The vegetation and species in the sanctuary predominantly belong to the tropical and subtropical intertidal regions.
  • Known as the breeding ground for Salt Water Crocodiles.
  • Gahirmatha Beach, forming the eastern boundary, houses the largest colony of Olive Ridley Sea Turtles.
  • Bagagahana, or the heronry near Surajpore creek, is a distinctive phenomenon where thousands of birds gather for nesting. Aerial acrobatics performed before mating create a remarkable spectacle.
  • Home to eight varieties of Kingfisher birds, a rare occurrence in the region.

International Braille Day

stylish lining

Context: In commemoration of International Braille Day, various National institutions and Comprehensive Regional Centers under the Department of Empowerment of Persons with Disabilities organized extensive awareness programms focused on Braille literacy.

About:

  • International Braille Day is observed on 4th January annually to promote awareness regarding the significance of Braille as a communication medium for individuals who are visually impaired or partially sighted.
  • This day commemorates the birth anniversary of Louis Braille, the French educator who invented the Braille script in 1809.

Braille Script Description:

Communication for the Blind:

  • Braille serves as a tactile reading and writing system primarily used by individuals who are blind.
  • Dot Arrangements: - It is composed of arrangements of dots forming letters of the alphabet, numbers, and punctuation marks.

Development History:

  • The creation of Braille can be traced back to the late 1820s, credited to Louis Braille, a young Frenchman.
  • Braille originated from the modification of a system called night writing, initially designed for military applications.

Disabled population in India:

Statistics:

According to the 2011 Census in India, out of a total population of 121 crore, around 2.68 crore individuals are classified as 'Disabled,' constituting 2.21% of the total population. Of the 2.68 crore, 1.5 crore are males, and 1.18 crore are females. A majority (69%) of the disabled population resides in rural areas.

Constitutional Frameworks for Disabled in India:

Article 41 of the Directive Principles of State Policy (DPSP) mandates the state to make effective provisions for securing the right to work, education, and public assistance in cases of unemployment, old age, sickness, and disablement. The subject of 'relief of the disabled and unemployable' is specified in the state list of the Seventh Schedule of the constitution.

Right of Persons with Disabilities Act 2016:

  • The Right of Persons with Disabilities Act 2016 is a replacement for the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
  • The term "Person with disability" is described as an individual with long-term physical, mental, intellectual, or sensory impairments. These impairments, when interacting with barriers, impede their full and effective participation in society on an equal basis with others.
  • The act introduces the term "Person with benchmark disability," representing an individual with not less than 40% of a specified disability. The specified disability may or may not be defined in measurable terms. Certification by the appropriate authority is required for this classification.
  • - Disability is defined based on an evolving and dynamic concept, reflecting a recognition of the diverse nature of impairments and their impact on societal participation.

 

 

 

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