India’s Rohingya refugee children are not criminals

Why in the News?

Recently, tear gas shells were used in an enclosed space in a Rohingyas refugee detention or holding centre in Jammu and there are allegations that the explosion led to death of an infant.

• It reflects the poor treatment of Rohingya refugees who are living in harsh conditions in the detention camps.
• It has been 6 years since Rohingyas fled from Myanmar due to persecution.

Rohingya refugee crisis:

1. The Rohingya people are a Muslim minority group residing in the western state of Rakhine, Myanmar, formerly known as Arrakkan.
2. The Rohingya people are considered "stateless entities", as the Myanmar government does not recognise them as an ethnic group and people of Myanmar.
3. The Myanmar govt. has recognised only Boyingyas i.e., Christians, Sikhs, Jains & Buddhist as the proper Myanmar population.
4. Myanmar military launched a campaign of mass atrocities in 2017 against the Rohingya in Rakhine State due to sectarian issues.
5. The genocidal attacks against the community led to fleeing of more than 7,70,000 Rohingyas from the country.
6. Nearly one million fled to neighbouring Bangladesh and some travelled to Southeast Asian countries including Malaysia, Indonesia, Cambodia, Laos and Thailand 
7. The Rohingya of Myanmar are among the most persecuted people in the world.

Rohingyas in India:

1. Among the total Rohingya refugees, at least 20,000 of them are in India.
2. About 250 Rohingya refugees including women and children are confined to a particular holding centre in Jammu, which was a prison before.
3. Most of the refuges hold UNHCR cards that validate their identity as ‘a refugee seeking safety’.
4. ~500 Rohingya refugees are detained in various detention centres and jails across India. 

India laws lacking safeguards to refugees:

1. India does not have a domestic law or consistent policy on refugees and asylum seekers.
2. India is not a signatory to the 1951 Refugee Convention and its 1967 Protocol.
3. India has Foreigner’s Act, 1946 which governs foreigners including refugees who are seen as illegal immigrants.
   • Gives unchecked executive powers against foreigners.
   • There are no exceptions for vulnerable populations such as asylum seekers and refugees.
4. Even registered refugees of UNHCR are at risk of administrative detention under the Foreigners Act under sections dealing with criminal imprisonment and deportation among others.
   • This has led to detention of refugees in Indian jails and detention centres.
   • Many of those held in detention centres are children.
5. India has ratified UN Convention on the Rights of the Child (CRC) in 1992.
   • Article 6 of CRC states that every child has an inherent right to life, survival and development.
   • Holding children in detention camps shall result in violation of CRC.
     1. Holding children in detention facilities
     2. Denying them the freedom to access education or any other liberty
     3. It also goes against the right to life and personal liberty enshrined in the Constitution of India including foreigners.
6. Juvenile Justice (Care and Protection of Children) Act, 2015 which is for children who are in conflict with the law.
   • Rohingya refugee children are not in conflict with the law as they seek safety after fleeing for their lives. 

Way forward:

1. Rohingya children and their primary caregivers have to be released from detention to ensure that Rohingya refugee children do not die in a detention centre and their right to life and development is upheld.
2. Government of India’s internal guidelines (2011) on the detention and treatment of refugees:
   1. This has to be followed for all the other Rohingya refugees in India.
   2. It has provisions for releasing them from detention within six months subject to collection of biometric details, with conditions of local surety, good behaviour and reporting to the police every month.
3. The National Human Rights Commission ahs to work closely with the Office of the United Nations High Commissioner for Human Rights to appoint an ombudsman who shall be entrusted the duty to investigate refugee detention centres in India.

Need for Review of Basic Structure Doctrine

Why in the News?

Recently, former CJI and present Rajya Sahbha MP Ranjan Gogoi held that the “Basic Structure Doctrine” has “a very debatable jurisprudential basis”, raising a question of its review.

Evolution of Basic Structure doctrine:

1. Shankari Prasad case (1951)
   1. The constitutional validity of the 1^st amendment to the constitution that curtailed the fundamental right (FR) of Right to property was challenged.
   2. Verdict:
      • Parliament can amend the Constitution under Article 368 including power to amend the FRs
      • The term ‘law’ under Article 13 includes only ordinary laws and not constitutional amendment acts (CAA). Hence, the Parliament can take away any of the FRs through a CAA and such a law will not be void under Article 13.
2. Golak Nath case (1967)
   1. The constitutional validity of the 17^th amendment act that inserted certain state acts into the Ninth Schedule was challenged.
   2. Verdict:
      • The Supreme Court reversed its earlier stand stating that FRs are given ‘transcendental and immutable’ position and hence cannot be taken away by the Parliament.
      • Article 13 includes CAA within the meaning of law and hence they can be held void for violation of any of the FRs.
3. Parliament introduced the 24^th CAA:
   1. Parliament has the power to take away or abridge any of the FRs under Article 368.
   2. Such CAA will not be considered to be a law under Article 13.
4. Kesavananda Bharati case (1973):
   1. The SC upheld the 24^th CAA, citing that Parliament has powers to abridge or take away any of the FRs.
   2. Doctrine of Basic structure was laid down:
      • The Constituent power of the Parliament under Art.368 cannot be used to alter the basic structure of the constitution.
5. Reiteration of the Basic Structure doctrine:
   1. Indira Nehru Gandhi case (1975)
      • 39^th CAA was invalidated which kept the election disputes involving the Prime Minister and the Speaker, outside the ambit of all courts.
      • This was beyond the power of the parliament as it affected the Basic structure of the constitution.
   2. Minerva Mills case (1980)
      • A provision of 42^nd CAA that amended Art 368 to give Parliament unlimited constituent powers and stated that no amendment shall be questioned on any grounds including contravention of FRs in any court of law.
      • This was held invalid as Judicial Review forms an integral part of basic Structure of the Constitution.

Significance of Basic Structure doctrine:

1. The judicial innovation has ensured that the power of amendment under Article 368 is not misused by Parliament.
2. Parliament cannot enjoy any right to repeal, abrogate or destroy the basic features of the constitution.
3. The Doctrine also ensures protection of democratic principles by preventing Parliament to acquire unlimited powers which can lead to an autocratic state.
4. Safeguards the identity of the constitution as the basic tenants of the constitution remains unaltered.

Need for a review of the Basic structure doctrine:

1. Areas off-limits to the executive gets longer. 
   • The absence of exclusive and definitive list on what constitutes BSD as the judiciary decides this on a case-by-case basis, it renders the expansion of areas off-limits to the executive.
2. There are sufficient countervailing forces of Indian politics with a watchful judiciary and an empowered legislature to provide control mechanisms:
   • Committee system to review laws
   • Accountability to two different electorates
   • Following different electoral cycles
3. The BSD freezes the capacity of political system to adapt to the Constitution to challenging times that are required to withstand the pressures emanating from the deeper layers of society and history. 
4. It puts a “cancel culture” thereby foreclosing debate which serves neither the cause of justice nor of democratic deepening and consolidation.

MCQ:

Which among the following forms the basic Structure of the Constitution?

1. 1. 1. 1. Independence of the judiciary
         2. Welfare state
         3. Free and fair elections
         4. Secularism
         5. Liberty of citizens

How many are correct?

1. Only 2
2. Only 3
3. Only 4
4. All five

Ans: b)

Secularism and Liberty of citizens have not been declared by the judiciary as basic structure of the constitution. Hence, option b) is correct.

Explanation:

Elements of Basic Structure Doctrine as declared by the judiciary:

1. The supremacy of the Constitution,
2. The rule of law
3. Effective access to Justice
4. Independence of the judiciary
5. Doctrine of separation of powers
6. Limited power of the Parliament to amend the Constitution
7. Sovereign democratic republic
8. The parliamentary system of government
9. The principle of free and fair elections
10. Welfare state
11. Free and fair elections
12. Federal character of the Constitution

El Niño comes with economic risks

Why in the News?

The month of August has been registered as the driest ever month which shall be aggravated by strengthening of El Niño which shall pose a serious food inflation challenge.

El Niño effect:

1. The phenomenon is marked by abnormal warming of the central and eastern equatorial Pacific Ocean waters towards Ecuador and Peru.

2. This shall lead to suppressed rainfall in India.
3. The August month has witnessed 30.7% below-normal rainfall after receiving 4.2% surplus during the first 2 months of the southwest monsoon season (June-September).
4. The Oceanic Niño Index (ONI) which measures the average sea surface temperature deviation from the normal in the east-central equatorial Pacific region touched 1 degree Celsius, twice the El Niño threshold of 0.5 degrees.
5. The US National Oceanic and Atmospheric Administration has predicted ONI to exceed 1.5 degrees Celsius in the coming months and strengthen through the 2023-24 winter.

Impact on Crops:

1. The South-west monsoon with adequate rainfall is crucial for
   1. kharif season crops, mostly sown in June-July and harvested over September-October. 
   2. fill up dam reservoirs
   3. recharge groundwater tables
   4. provide water for the crops cultivated during the rabi (winter-spring) season.
2. The water levels in 146 major reservoirs have been 21.4% lower than a year ago and 6.1% below the last 10 years average in this month.

3. The dry weather in August can affect yields of the already-planted Kharif crops which are now in vegetative growth stage. 
4. The upcoming rabi season crops which are largely dependent on water in the underground aquifers and reservoirs will be affected due to the strengthening of El Nino.

Economic risks involved:

1. In 2022, when public wheat stocks fell to their lowest its effect on inflation was offset by sufficient availability of rice.
2. But currently, there is pressure on both rice and wheat stocks, besides El Niño whose effects are still unfolding.
3. The rice and wheat stocks in government warehouses stands at 65.5 million tonnes (mt) currently, a six-year-low and retail food inflation in July stands at 11.5% year-on-year.
4. El Niño effects can increase the worry if inflation becomes persistent and broad-based.

Improving the domestic availability and prevention of hoarding and unscrupulous speculation is necessary to off-set the economic risks associated with possible strengthening of El Niño.

PM Vishwakarma Yojana

Why in the News?

The Union Govt. has called on a meeting with states and bank officials to discuss the implementation of PM Vishwakarma scheme.

Vishwakarma Yojana:

1. The scheme seeks to support traditional artisans and craftsmen which is to be implemented under three ministries:
   • Ministry of MSME
   • Ministry of Skill development
   • Ministry of Finance
2. The scheme has been launched for a period of five years up to 2027-28 financial year.
3. It is aimed at benefiting individuals skilled in traditional craftsmanship particularly from the OBC community.
4. Beneficiaries
   • The beneficiaries of the scheme shall include Weavers, goldsmiths, blacksmiths, laundry workers, barbers, and such families covering 18 traditional trades across rural and urban areas and is projected to reach out to 30 lakh artisan families.
5. To nurture the “Guru-Shishya parampara”.
   • It fosters to strengthen and nurture the “guru-shishya parampara” (teacher-pupil tradition) or family-based practice of traditional skills by artisans and craftspeople working with their hands and tools.
6. Integration with wider market with the aid of digital technology
   • The scheme outlays to improve the quality and reach of products and services of artisans and craftspeople.
   • Enhancing the “Vishwakarmas” (craftspeople) integration with the domestic and global value chains.
7. Recognition and Financial support
   • These artisans and craftspeople will be provided recognition through PM Vishwakarma certificate and identity card along with a collateral-free credit support of up to Rs 1 lakh (in the first tranche) and Rs 2 lakh (in the second tranche) at a concessional interest rate of 5%.
8. Improvisation of Skill-set
   • Upgrade their skill-set by providing training for 4-5 days and give incentives for digital transactions and marketing support.
   • A stipend of Rs 500 will be provided for skill-training and Rs 1,500 to purchase modern tools

The issues that the scheme seeks to address:

1. Unorganised production base
2. Limited market opportunities
3. Low education of the artisans
4. Outdated production methods and lack of modernization efforts
5. Lack of funding
6. Lack of quality raw materials
7. Lack of market linkages
8. Dominance of middlemen
9. Information asymmetry to understand market needs
10. High production cost

New Opportunities lying ahead:

1. Emerging demand for crafts-goods in developed countries such as USA, Canada, Britain, France, Germany, Italy etc.
2. Rising demand and usage of handicrafts products in fashion industry.
3. Development of sectors like Retail, Real Estate that offers great requirements of handicrafts products.
4. Developing of domestic and international tourism sector.
5. e-Commerce and Internet are emerged as promissory distribution channels to market and sell the craft products

MCQ:

Statement 1: The PM Vishwakarma scheme is implemented by Ministry of skill development and Ministry of Rural Development.

Statement 2: The scheme is applicable both to rural areas and urban areas.

Which among the following are correct?

1. Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I
2. Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-I
3. Statement-I is correct but Statement-II is incorrect
4. Statement-I is incorrect but Statement-II is correct

Ans: d)

Explanation:

The scheme which seeks to support traditional artisans and craftsmen which is to be implemented under three ministries:

• • Ministry of MSME
  • Ministry of Skill development
  • Ministry of Finance

Hence, statement 1 is incorrect.

The scheme is applicable both to rural areas and urban areas. Hence, statement 2 is correct.

Himalayan blunders that are ravaging the Himalayas

Why in the News?

The States in the Himalayan region have been experiencing extreme climate events in recent times leading to large scale damage to lives and property led by steady environmental depredation.

• Blocked roads after a landslide at Chamoli
• Sinking in Joshimath in Uttarakhand
• Road caving in Chamba in Himachal
• Accidents on the Char Dham routes
• Deaths on the all-weather road

Flawed developmental paradigm institutionalised in an eco-fragile region:

1. Bypassing rules
   1. As per law, a project of >100 km needs environmental clearance to start the project.
   2. Chardham Mahamarg Vikas Pariyojna was unveiled in 2016 as a massive infrastructure project of 900 kilometre of road widening to double-laning with a paved shoulder in Garhwal region and a short stretch of Kumaon in Uttarakhand. 
   3. This massive project was split into 53 small projects, each less than 100 km long, thus by-passing environmental impact assessment (EIA) requirements.
   4. The Bhagirathi Eco Sensitive Zone (BESZ), a protected site under the Environment Protection Act, 1986 extending more than 100km was given a hasty approval of the zonal master plan (ZMP) and the mandatory and detailed EIA was not performed.
2. Overburdening the fragile areas beyond its carrying capacity.
   1. The Uttarakhand government increased the carrying capacity of all the Char Dhams including for the Gangotri shrine (i.e., BESZ) was increased to 9,000 passenger carrying units per day.
   2. This is in contrast to the BESZ notification calling for a “regulation of vehicular traffic”.
   3. This reflects ignoring all scientific rationale to boost the tourism sector and justify the excessively road widening by the government.
3. Adoption of one size fits all approach to environment clearance especially for the ecologically sensitive areas by the Ministry of Environment, Forest and Climate Change is an issue. This has not further environmental interests but economic interest.
4. With an increase in vehicular movement and episodes of forest fires, black carbon deposits (carbon plus soot), Gangotri glacier has become the fastest receding glacier.
   1. Black carbon absorbs more light and emits infra-red radiation that increases the temperature contributing to faster melting of glaciers in the Himalayas.

Way Forward:

1. Upgradation of roads to an intermediate road width in BESZ is required to have minimal environmental impact and to arrive at a sustainable solution.
2. Conservation of the Gangotri glacier by regulating the vehicular movement in the region which can also aid in Ganga’s rejuvenation.

Fort Kochi-Vypeen undersea tunnel is a National asset

Why in the News?

The Kerala government’s ambitious project of constructing a coastal highway from Thiruvananthapuram to Kasargode is underway.

The proposed Highway:

1. It is a coastal highway running over a distance of about 623 km at a cost of ₹6,500 crore from Thiruvananthapuram to Kasargode in Kerala.
2. It shall pass through 9 coastal districts of the state.
3. The highway on reaching Kochi shall pass through a deep shipping channel of Kochi Port which shall connect Fort Kochi and the 27 km-long Vypeen island through an undersea tunnel.

The undersea tunnel- a national Asset:

1. The total length of the tunnel shall be about 2.6 km.
2. Dedicated corridors for vehicles, cyclists and pedestrians for the smooth flow of traffic akin to modern tunnels can be planned.
3. The total costs may involve up to ₹1,500 crore and its life span has been estimated to be about 100 years or more.
4. The proposed tunnel that would start from Puthuvypeen and emerge at Fort Kochi beach will minimise land acquisition requirements.
5. It shall become the first tunnel under a deep shipping channel in India.
6. The undersea tunnel will pass through the territory of the Cochin Port Authority and becomes an integral part of the coastal highway network. Thus, it makes Central government to be the appropriate agency to meet the cost as the tunnel.
7. It shall also act as an important link for seamless transportation along the proposed coastal highway so as to
   1. Reduce the traffic congestion
   2. Provide an effective alternative to the national transportation network
   3. Help transport men and material across Kerala through the shortest route, thus saving time, energy, and fuel.
   4. serve as a hotspot for tourist attraction.
   5. Increase revenues of the government by way of toll charges immediately after commissioning., as users will have to pay enhanced toll charges for a faster, safer and well-organised transport system.
8. It also serves the purposes of:
   1.  Effective alternative mode of transportation in city limits.
   2.  Ensuring public safety and enhancement of the public transport system.
   3. Enhancement of quality of life in Kochi, given that Kochi is the fastest growing and the most progressive among the emerging urban conglomerations in India.

Alai Darwaza

1. Alai Darwaza, one of the four gates to the Qutub complex housing Quwwat-ul-Islam Mosque was built by Alauddin Khilji in 1311 AD. The other three gates were not completed because of Alauddin’s death.
2. The mosque was commissioned by Qutb-ud-din Aibak and partly expanded by Shamsuddin Altamash later. They were expanded further under the Khiljis.
3. Alai Darwaza was the first building to employ Islamic principles of construction and ornamentation.
4. The construction employed the first use of marble and red sandstone together.
5. It also became the first construction with a true dome i.e., dome built on principles of arcuate (curved or arched) architecture.
6. The gate is significant for the use of local symbols such as lotus buds used as decorative elements on its entrances.
7. The gate employed the use of traditional Turkish art for the very first time in India.

MCQ:

Consider the following statements:

1. Alai Darwaza was built by Alauddin Khilji.
2. Alai Darwaza is one of the four gates of the Qutub complex
3. The Qutub Minar and Iron pillar of Vikramaditya are present in the Qutub complex.

How many among the given options are correct?

1. Only 1
2. Only 2
3. Only 3
4. None

Ans: c) All 3 are correct statements.

Explanation:

Alai Darwaza, one of the four gates to the Qutub was built by Alauddin Khilji in 1311 AD. Hence, Statement 1 is correct.

Alai Darwaza is one of the four gates of the Qutub complex and the only completed gate of the complex as the other three were not completed due to Alauddin Khilji’s death. Hence, Statement 2 is correct.

The Qutub complex consists of:

• Qutub Minar, the main minaret
• Alai Darwaza
• Quwat-ul Islam Mosque
• Iron Pillar of Vikramaditya
• Alai Minar
• Alauddin Khilji’s Tomb and Madarsa
• Tomb of Iltutmish

Hence, Statement 3 is also correct.

Echolocation

1. A technique in which animals or devices emits sound waves, and listens for their reflections by objects in their surroundings.
2. The sound waves emitted will be in the nature of high-frequency sound pulses, often beyond the range of human hearing. 
3. Bats due to their poor eyesight uses this ability to hunt and navigate in the dark, while dolphins use it to locate objects and communicate underwater. 
4. This technique is also used to create devices like sonar and radar.
   1. SONAR- ‘Sound navigation and ranging’, widely used for underwater navigation, communications.
   2. RADAR- ‘Radio detection and ranging’ – is used in aviation, weather forecasting, and military applications, to detect and track objects by bouncing radio waves off them.
5. Recently, this technique is employed in smartphone apps to help people with visual impairments navigate their environment better.

MCQ:

Consider the following options:

1. Whales
2. Bats
3. Tenrec
4. Tawny oilbirds
5. swiftlets

How many among above employ the technique of ‘echolocation’?

1. Only 2
2. Only 3
3. Only 4
4. All five

Ans: d)

Explanation:

Bats, Dolphins, Whales and some birds, such as the tawny oilbirds, swiftlets and the tenrec (from Madagascar) use echolocation to hunt or navigate.

B20 Summit

1. The Business 20 (B20) is an event which is part of the G20 Summit which is meant to express common views from the international business community.
2. The main purpose is to develop recommendations and issue relevant commitments from the business leaders and business organizations to deal with present issues.
3. B20 are gathered in 12 working groups which are co-chaired by a company CEO and a President of business organization to elaborate concrete recommendations.
4. These proposals will be presented to the Head of State and Government and taken into account in the G20 final conclusions.
5. Some of the priorities of B20 includes:
   1. Economic policies
   2. Anti-corruption
   3. Financial regulation
   4. Trade and Investment
   5. Energy
   6. Global governance
   7. Development and Food Security.