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24th September 2024 (14 Topics)

24th September 2024

QUIZ - 24th September 2024

5 Questions

5 Minutes

Mains Issues

Context

A massive landslide in a remote fjord in Greenland created a wave so powerful that it sent vibrations through the Earth for nine days. This unusual event took place last September and was detected by seismic sensors around the world, sparking an investigation by scientists to trace its origin.

What happened?

  • Unlike typical earthquake vibrations, this signal lasted for nine days and exhibited characteristics not caused by earthquakes, leading to a collaborative investigation by researchers across multiple countries.
  • Scientists classified it as a "USO" — an unidentified seismic object.
  • Eventually, the source of the signal was traced to a massive landslide in Greenland’s remote Dickson Fjord.
  • The landslide occurred when a mountainside collapsed, bringing with it a large chunk of glacial ice. The force of the collapse triggered a gigantic 200-meter-high wave in the narrow Dickson Fjord. This wave became “trapped” in the fjord and moved back and forth, creating seismic signals that puzzled researchers.

What caused it?

After investigation, researchers discovered that this unusual signal was caused by a massive landslide in Greenland.

  • Landslide Event: A peak called Hvide Støvhorn This collapse created a huge avalanche of ice and rock, which then crashed into the nearby Dickson Fjord.
    • A huge amount of rock and ice, enough to fill 10,000 Olympic swimming pools, had plunged into the fjord. This caused a mega-tsunami with a wave 200 meters high.
    • The landslide also triggered a seiche, a back-and-forth wave in the fjord, which continued for nine days. The landslide’s immense powerwas due to the thinning of the glacier, caused by global warming.
  • Tsunami Generation: The force of the falling ice and rock displaced a large amount of water in the fjord, creating a mega-tsunami—a giant wave that reached about 200 meters high (almost three times the height of the Srirangam Temple).
  • Seismic Waves: As the landslide occurred and the mega-tsunami formed, it generated seismic waves that traveled across the globe, ringing out like a bell. These waves were recorded by seismic stations all over the world.
    • The seismic waves produced by this landslide were distinct from typical earthquake signatures. They exhibited a single frequency, akin to a plucked violin string, rather than the complex patterns associated with tremors.
    • These waves traveled globally, resonating for days, as the landslide's impact rang out like a gong, causing the Earth to vibrate.

The Seiche Effect

  • Inside the fjord, the waves reflected off the steep cliffs, causing a phenomenon called a seiche. This is when water oscillates back and forth, creating repeating waves. The waves continued to bounce around the fjord for over nine days, which matched the long-lasting seismic signal recorded.
  • Geographical Importance: The Dickson Fjord is a unique geographical feature—it's deep and U-shaped, which made the waves behave in this unusual way. Additionally, the warming climate is causing glaciers in the area to melt, which increases the risk of such landslides happening more frequently.

Mains Issues

Context

Recent violence between Israel and Hezbollah has led to significant casualties (at least 492 deaths) in Lebanon, marking one of the deadliest days since the 2006 conflict. The situation has escalated following attacks from both sides, with fears of broader regional conflict intensifying.

Background on Hezbollah and Israel Relations

  • Rocket Attacks: Following the assassination of a Hezbollah commander, the group retaliated by launching hundreds of rockets at Israel, which responded with airstrikes and increased military presence.
  • Military Warnings: The Israeli military has urged residents in southern Lebanon to evacuate as it prepares for an expanded campaign against Hezbollah, leading to a significant exodus of civilians.
  • Leadership Statements: Israeli officials maintain that they do not seek war but assert their right to defend their citizens, highlighting the presence of Hezbollah weapons stored in civilian areas.

Potential for Regional Escalation

  • Concerns of War: While both sides have not officially declared war, tensions remain high, with Israel's Prime Minister vowing to protect northern communities and respond decisively.
  • Pressure Dynamics: Analysts suggest that Hezbollah's actions may be aimed at pressuring Israel into negotiations with Hamas, particularly given the high casualties in Gaza since October 7.
  • Military Disparities: Despite Hezbollah's extensive arsenal, Israel's superior military capabilities may limit Hezbollah's ability to escalate the conflict effectively.

Understanding Hezbollah

  • Hezbollah, meaning “Party of God,” emerged during the Lebanese Civil War, backed by Iran, and opposes Israel and Western influence in the region.
  • Military Strength: Described as the world's most heavily armed non-state actor, Hezbollah possesses a vast array of rockets and military equipment, with estimates of around 130,000 rounds currently in its arsenal.
  • Political Role: Hezbollah has significant political influence in Lebanon, holding 13 seats in Parliament, but faces increasing opposition domestically amid economic struggles.
About Location (Lebanon
  • Lebanon is a country located in the Middle East, in the western part of the Asian continent.
  • It is situated on the eastern shore of the Mediterranean Sea.
  • Lebanon shares borders with several neighboring countries.
    • To the north and east, it is bounded by Syria
    • To the south, it shares a border with Israel
    • To the west, it is bordered by the Mediterranean Sea.

Mains Issues

Context

Indian cities are on the verge of a major transformation in transportation, with plans to invest a staggering Rs 3 trillion in metro rail projects between 2022 and 2027. This investment is not just about improving urban mobility; it has the potential to unlock significant economic growth and create thousands of jobs.

Impact of Public Transportation Investment

  • Research shows that investing in public transportation can generate returns of 5 to 7 times the initial investment. Recognizing this, the Government of India approved the National Transit Oriented Development (TOD) Policy and Metro Rail Policy in 2017. These policies promote TOD as a strategy for urban planning, encouraging mixed-use developments close to public transport.
  • Currently, 27 Indian cities are building metro systems, and many others are developing bus and rail networks to enhance public transport.

How will TOD address urban challenges?

  • As cities expand, job centers are increasingly located in suburban areas, making it difficult for public transport systems to keep up. This leads to longer commutes, congestion, and pollution from private vehicles.
    • For example, Bengaluru is one of the world’s most congested cities, costing the economy around Rs 38,000 crore annually (about 5% of the city’s GDP).
  • TOD offers a solution by promoting compact, mixed-use development. This approach integrates land use and transport, supporting sustainable modes like walking, cycling, and mass transit.
    • A recent study by WRI India highlights the importance of bringing jobs closer to transit stations to improve accessibility and productivity.

Key Findings from Bengaluru's Job Market

  • WRI India’s study focused on the Bengaluru Metropolitan Area (BMA), analyzing job distribution and proximity to the metro network. Here are some key insights:
  • There are about 200,000 registered enterprises in the BMA, employing nearly 6 million workers, primarily in the service sector.
  • Large enterprises (those with 100+ employees) make up only 2% of businesses but account for 60% of jobs.
  • Job densities are highest in central areas and tech hubs, like Whitefield and Electronic City, with densities reaching 58,000 to 109,000 jobs/sq. km.
  • Once the metro expansions are completed (totaling 172 km), it is projected that 28% of jobs in the BMA will be within 500 meters of a metro station, 59% within 1 km, and 85% within 2 km. However, many large job clusters remain disconnected, underscoring the need for better pedestrian infrastructure and feeder services.
Benefits of Job Clustering Near Transit
  • When businesses cluster near transit, they benefit from increased accessibility for both workers and customers.
  • This agglomeration leads to enhanced innovation, productivity, and competitiveness.
  • Additionally, businesses near metro stations often experience growth in local economic activity and real estate development.
Challenges to Business Location

Despite the benefits, there are hurdles for large businesses looking to establish themselves near metro stations:

  • Limited Property Availability: Inner-city areas have high property prices and small plot sizes, which can deter larger businesses.
  • Regulatory Hurdles: Development regulations and zoning laws can restrict higher-density development.
  • Market Saturation: Smaller businesses may struggle to compete with established ones in high-traffic areas.
Lessons from Global Cities
  • Cities like Hong Kong have successfully integrated jobs and transit, with 57% of jobs located within 500 meters of transit stations.
  • This efficient transport system contributes to high levels of transit use and low car ownership, resulting in increased economic output and reduced carbon emissions.

Prelims Articles

Context

Ukraine has said the Crimean Bridge "must come down" as it accused Russia of flouting maritime laws at the Permanent Court of Arbitration. Russia’s war with Ukraine started when it seized Crimea in February 2014.

Crimea and the Russian link

  • The Kerch Bridge is Russia’s only physical connection to Crimea.
  • It stretches 19km (12 miles) from the region of Krasnodar Krai to the eastern side of the peninsula.
  • Russian President Vladimir Putin inaugurated it in 2018.
  • It consists of a separate roadway and railway, both supported by concrete stilts, which give way to a wider span held by steel arches at the point where ships pass between the Black Sea and the smaller Azov Sea.
  • Since Russia’s full-blown invasion of Ukraine in February 2022, it has been a vital conduit for men and materiel to Russia’s southern front.

Permanent Court of Arbitration (PCA) 

  • Set up in 1899, the PCA is the world’s oldest arbitral tribunal.
  • It resolves disputes between countries and private parties over contracts, special agreements and various treaties, such as the UN Convention on the Law of the Sea.

Prelims Articles

Context

Tamil Nadu Governor RN Ravi described secularism as a concept that came from distant lands in the West, which does not have a home in India. Secularism is a European concept, and it is not an Indian concept.

What is Secularism?

  • Secularism in India means equal status and treatment to all the religion.
  • The word ‘secular’ was added to the Indian Constitution’s preamble through the 42nd Amendment in 1976, although the idea of secularism was implicit from the start.
  • India was declared a secular State to differentiate it from Pakistan, whose raison d’être was a separate nation for Muslims.
  • The Preamble to our Constitution resolves to constitute India into a Secular Republic. So the Constitution of India stands for a Secular state. 
  • Secularism consists of three commitments:
    • Firstly, that there is no religion that the State identifies with
    • Secondly, that the people are free to follow religion of their choice
    • Thirdly, that the State does not discriminate between people following different religions

Prelims Articles

Context

As ethnic violence continues, the Centre and the Manipur government are set to review the scope of the Armed Forces Special Powers Act (AFSPA) in the northeastern State. 

What is AFSPA?

  • The Armed Forces (Special Powers) Act was enacted in 1958 to bring under control what the government of India considered ‘disturbed’ areas.
  • Under the Act, an area is declared as "disturbed"for the convenience of security forces.
    • The government (either the state or centre) considers those areas to be ‘disturbed’ “by reason of differences or disputes between members of different religious, racial, language or regional groups or castes or communities.”
  • Section (3) of the AFSPA Act empowers the governor of the state or Union territory to issue an official notification on The Gazette of India, following which the centre has the authority to send in armed forces for civilian aid.
  • Once declared ‘disturbed’, the region has to maintain status quo for a minimum of three months, according to The Disturbed Areas (Special Courts) Act, 1976.

Positives of AFSPA

Negatives of AFSPA

  • It is necessary tool to tackle unconventional threats posed by insurgent groups operating in remote and inaccessible terrain.
  • Withdrawal of AFSPA could embolden militant outfits and compromise the safety and security of both civilians and security personnel.
  • It shields security personnel from accountability for excesses committed in the course of their duties.
  • It leads to abuse of power and violations of fundamental rights.

Prelims Articles

Context

In recent weeks, the Indian government has made significant decisions aimed at protecting oilseed farmers.

Key-decisions taken by the Government

Import Duty Increases: The government raised the basic customs duty (BCD) on imported oils:

  • Crude Oils (like palm, soybean, and sunflower oil): Increased from 0% to 20%.
  • Refined Oils: Increased from 5% to 32.5%.
  • After including additional charges, the effective import duty on crude oils is now 5%, while refined oils face a 35.75% duty. This marks the first time since October 2021 that these duties have been reinstated, restoring protection for domestic growers against imports.

Support for Soybean Farmers

  • Alongside the duty increase, the government has authorized several states—including Maharashtra, Madhya Pradesh, Karnataka, and Telangana—to procure soybeans at a minimum support price (MSP) of ?4,892 per quintal.
  • This move has helped stabilize prices in wholesale markets, where soybean prices have risen from ?4,200-4,300 to ?4,600-4,700 per quintal in the past month.

Fact box:

Edible oil production

  • India imports over 70% of its edible oil needs, with more than half of this coming from palm oil, primarily sourced from Indonesia, Malaysia, and Thailand. The insufficiency in edible oil is negatively impacting FOREX.
  • India is the 4th largest oilseeds producer in the world. It has 20.8% of the total area under cultivation globally, accounting for 10% of global production.
  • The country produces groundnut, soybean, sunflower, sesamum, niger seed, mustard and safflower oilseeds.
  • Largest oilseed-producing states in India include Andhra Pradesh, Gujarat, Haryana, Karnataka, Madhya Pradesh, Maharashtra, Rajasthan, Tamil Nadu, Uttar Pradesh, West Bengal.
  • Important Missions
    • Mission Palm Oil: It is a special campaign carried out by the central government with a focus on the Northeast, and inaugurated the first oil mill under this mission.
    • National Mission for Edible Oils - Oil Palm (NMEO-OP): Launched in 2021, the mission is committed to escalating oil palm cultivation and elevating Crude Palm Oil production to 11.20 lakh tonnes by 2025-26.
  • Government Bodies
    • Directorate of Oilseeds Development (DOD): DOD was formed in the year 1942 and is responsible for supervising the Oilseed Development Programmes and Oil Palm Development Programmes across the country and in the designated states of Andhra Pradesh, Kerala, Tamil Nadu, and Karnataka.
    • Indian Oilseeds and Produce Export Promotion Council (IOPEPC): IOPEPC was formed in 1956. Its primary aim is to promote and protect India’s export trade in commodities like oilseeds, vegetable oil and oilcake.
PYQ

Q1. Consider the following statements: (2018)

  1. The quantity of imported edible oils is more than the domestic production of edible oils in the last five years.
  2. The Government does not impose any customs duty on all the imported edible oils as a special case.

Which of the statements given above is/are correct?

  1. 1 only
  2. 2 only 
  3. Both 1 and 2
  4. Neither 1 nor 2

Solution: (a)

Prelims Articles

Context

The non-banking financial companies (NBFC) sector in India continues to show strong performance under the scale-based regulations (SBR) framework, demonstrating improved asset quality and diversified funding sources, according to recent insights from the Reserve Bank of India (RBI).

Key Highlights from RBI's Review

  • Credit Growth and Asset Quality: As of December 2023, the NBFC sector has maintained double-digit credit growth, with a low delinquency ratio.
    • The gross non-performing asset (GNPA) ratio has significantly improved, dropping from 4% for government NBFCs and 10.6% for non-government NBFCs in December 2021 to 2.4% and 6.3%, respectively, by December 2023.
  • Profitability Metrics: The sector has seen a consistent rise in profitability, reflected in improved return on assets (RoA) and return on equity (RoE).
  • Prompt Corrective Action (PCA) Framework: The extension of PCA norms to government-owned NBFCs, effective from October 1, 2024, aims to enhance financial discipline. Key areas of focus will be capital adequacy and asset quality.
  • Diversification of Funding: With increasing risk weights on bank lending, NBFCs are diversifying their funding sources to lessen reliance on bank borrowings. This strategy is vital for maintaining financial stability.
  • Growth in Retail Credit: There has been robust growth in secured retail credit, particularly in areas such as gold loans, vehicle loans, and housing loans, alongside expansion in the industrial and service sectors.

Non-Banking Financial Companies (NBFCs)

  • NBFCs are financial institutions that provide various banking services but do not hold a banking license.
  • In India, NBFCs are regulated by the Reserve Bank of India (RBI) and must comply with specific regulatory norms.
  • They primarily raise funds through public deposits, borrowings from banks, and capital markets.
  • No Deposit Insurance: Unlike banks, deposits made in NBFCs are not insured by the Deposit Insurance and Credit Guarantee Corporation (DICGC).
  • They play a crucial role in the financial system, offering services such as: Loans and Credit, Investment Services, Financial Leasing, Microfinance, Insurance and Asset Management

Prelims Articles

Context

A small asteroid named 2024 PT5 is set to become a temporary “mini-moon” of Earth. It will be captured by our planet's gravitational pull and orbit for a short time (September 29, 2024- November 25, 2024).

About the Asteroid

  • Size: Estimated to be about 37 feet in diameter, but could range from 16 to 138 feet.
  • Discovery: First spotted on August 7, 2023, by NASA's Asteroid Terrestrial-impact Last Alert System (ATLAS).
  • Distance: It will orbit Earth at a safe distance of 6 million miles, roughly 10 times farther than the Moon.

Characteristics of Mini-Moons

  • Temporary Visitors: 2024 PT5 is classified as a mini-moon, a type of asteroid that can temporarily orbit Earth.
  • Duration: These mini-moons can stay for varying lengths of time—some for weeks, like 2024 PT5, while others may linger for years.
  • Future Returns: After its brief stay, 2024 PT5 is expected to make another close flyby in January 2025, with potential returns as a mini-moon in 2055 and 2084.

Prelims Articles

Context

The Indian Army is making significant strides in logistics capabilities, particularly in high-altitude areas, with the introduction of 100 robotic mules and new high-altitude tents. These innovations were showcased at the Himtech symposium in Leh.

Robotic Mules

  • The Army has procured 100 robotic mules as part of an emergency procurement initiative.
  • The robotic mule is designed for diverse environments and can operate in extreme temperatures, ranging from -40 to +55 degrees Celsius.
  • These robotic mules are crucial for enhancing logistical support in remote and rugged terrains, especially following tensions with China in Eastern Ladakh.
  • Key features include:
    • High endurance: Can navigate obstacles, climb stairs, and cross rivers.
    • Payload capacity: Able to carry up to 15 kg.
    • Advanced sensing: Equipped with electro-optics and infrared for object recognition.

Innovative High-Altitude Tents (Peak Pods)

  • The Army is also evaluating a new tent called Peak Pods, designed for extreme cold environments. Developed by DTECH 360 Innovations, these tents can maintain an internal temperature of 15°C even when external temperatures drop to -40°C.
  • Key highlights include:
    • Sustainable design: No fuel or electricity is needed for heating.
    • Unique features: Includes an inbuilt bio-toilet, making it a comprehensive solution for soldiers in high-altitude conditions.
  • The Peak Pods have undergone trials in various locations, including Leh, Daulat Beg Oldie, and Durbuk, showing promising results for future deployment.

Prelims Articles

Context

India has confirmed its first case of a new strain of mpox, known as clade 1b, which has prompted a public health emergency alert from the World Health Organization (WHO). This variant is highly transmissible and is linked to recent outbreaks in Africa.

About Mpox

  • The WHO declared mpox a public health emergency in August 2023 due to its spread, particularly the more dangerous clade 1b variant.
  • Mpox is a viral infection caused by the monkeypox virus, a species of the genus Orthopoxvirus.
  • There are two variants of mpox that are distinct in nature that influence the severity of the disease and its impact on affected populations.
  • Symptoms: Previously known as monkeypox, mpox can lead to painful skin lesions and other symptoms, including: Fever, Muscle aches, Swollen lymph nodes, Body lesions
  • If untreated, mpox can be serious and potentially deadly.
  • Transmission of Mpox: Mpox spreads from animals to humans and can also be transmitted between people through:
  • Close contact, including skin-to-skin interaction
  • Sexual contact
  • Breathing or talking closely with an infected person

What is clade 1b?

  • These strains are:
    • clade 1b (The Central African (Congo Basin) strain)
    • clade 2 ( West African strain)
  • The clade 1b strain is known for its higher virulence, leading to more severe symptoms and complications.
  • Patients infected with the Central African strain are at greater risk of experiencing serious health issues, including a higher mortality rate of up to 10%.

Editorials

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Context

In 2024, India’s Neighbourhood First Policy faces significant challenges, notably from recent political developments in Sri Lanka, rising cross-border terrorism from Pakistan, and political instability in Bangladesh and Nepal. The situation highlights growing instability in India's neighboring regions, raising concerns for India’s security and diplomatic strategy.

Setbacks in Sri Lanka and Bangladesh

  • Election Outcomes in Sri Lanka: The election of Anura Kumara Dissanayake represents a shift from mainstream politics, potentially destabilizing India-Sri Lanka relations. His government may pursue radical economic policies, affecting Indian investments and projects in Sri Lanka.
  • Political Unrest in Bangladesh: The anti-government student movement in Bangladesh has escalated into broader unrest against Prime Minister Sheikh Hasina. Accusations of corruption have fueled resentment toward India, complicating India’s diplomatic standing in the region and potentially reviving radical elements.
  • Security Concerns in Northeast India: The combination of ethnic conflict in Manipur and instability in neighboring Myanmar and Bangladesh poses a serious security threat to India’s Northeast. The interlinked crises could create a volatile situation, affecting India's eastern border.

Economic Interdependence and Diplomatic Strategies

  • India's Economic Ties with Sri Lanka: Despite political turmoil, strong economic interdependence exists between India and Sri Lanka, evidenced by significant Indian aid during Sri Lanka's economic crisis.
  • Maldives as a Diplomatic Template: India’s experience in managing relations with a hostile regime in the Maldives suggests a potential approach for dealing with Sri Lanka.
  • Need for Comprehensive Neighbourhood Strategy: India must avoid viewing relations with neighbors as isolated events. A comprehensive strategy should be developed that addresses each country's unique circumstances while promoting regional economic integration and collaborative efforts on challenges like climate change.

Recommendations for Future Engagement

  • Engagement Beyond Ruling Parties: India's past focus in Bangladesh has limited its influence. A broader engagement strategy should include all political factions, particularly given the growing anti-Indian sentiment.
  • Monitoring Emerging Political Trends: The unexpected rise of the NPP in Sri Lanka underscores the importance of anticipating political shifts. India must enhance its diplomatic outreach to emerging leaders and parties to maintain influence in the region.
  • Leveraging India’s Role as Regional Leader: India should position itself as a growth engine for its neighbors, facilitating regional transport and communication networks. This leadership role can enhance its standing and effectiveness in addressing regional issues collectively.
Practice Question

Q. Analyze the implications of recent political developments in Sri Lanka and Bangladesh on India’s Neighbourhood First Policy. What strategies should India adopt to enhance its diplomatic relations and ensure regional stability?

Editorials

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Context

The Supreme Court of India dismissed a public interest litigation (PIL) aimed at halting defence exports to Israel amid allegations of war crimes in Gaza. The Court declined to intervene, citing that foreign policy matters fall outside its jurisdiction, raising significant normative issues about India’s defence exports.

Legal Gap in India’s Defence Export Policy

  • Lack of IHL Compliance Assessment: India's legal framework does not require an evaluation of a recipient country’s compliance with international humanitarian law (IHL) before exporting defence equipment. Unlike the U.K. and EU, Indian law lacks explicit provisions to assess the risk of IHL violations.
  • Existing Legal Framework: The Indian Foreign Trade Act and the Weapons of Mass Destruction Act allow the government to regulate arms exports based on national security and international obligations. However, there is no specific requirement to consider IHL compliance of the importing country.
  • Supreme Court's Role: Historically, the Supreme Court has incorporated international law into domestic law to fill legislative gaps. Given the current legal context, the Court could provide a framework that aligns arms exports with IHL obligations, rather than categorizing it solely as a foreign policy issue.

International Law on Arms Trade

  • Arms Trade Treaty (ATT): The Arms Trade Treaty prohibits states from exporting arms if there’s knowledge they may be used for war crimes. While crucial, India is not a signatory, rendering the ATT non-binding, though some provisions may reflect customary international law.
  • Obligations Under IHL: India is bound by Common Article 1 of the Geneva Conventions, which mandates states to ensure respect for IHL. This includes a duty not to supply arms if there is an expectation that they will be used in violation of IHL.
  • Implication for Indian Law: When aligning the WMDA and FTA with IHL obligations, a clear duty emerges for India to refrain from exporting weapons to countries likely to use them for IHL violations. A revision of these laws could enhance India’s credibility as a responsible arms exporter.

Recommendations for Policy Improvement

  • Amending Domestic Laws: It is essential for India to amend the WMDA and FTA to incorporate assessments of a recipient country’s IHL compliance. This would align India’s arms export practices with its international obligations and ethical considerations.
  • Enhancing Credibility: Implementing such assessments would not only strengthen India’s legal framework but also bolster its reputation as a responsible member of the international arms trade community.
  • Long-term Strategic Benefits: By ensuring compliance with IHL, India can position itself favorably in global defence markets, fostering trust and cooperation with other nations that prioritize humanitarian law in arms trade.
Practice Question

Q. Discuss the implications of India's current legal framework on defence exports in relation to international humanitarian law, and suggest amendments to enhance compliance and accountability in arms trade.

Editorials

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Context

The introduction of Section 107 in the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has drawn attention due to its provisions regarding the attachment and forfeiture of properties deemed "proceeds of crime." This marks a significant shift from previous regulations under the Prevention of Money Laundering Act (PMLA) and the Criminal Procedure Code (CrPC).

Powers of Attachment and Forfeiture

  • Unrestricted Police Authority: Section 107 allows police officers, upon approval from higher officials, to request the attachment of property suspected to be derived from criminal activity. This differs from the PMLA, which requires documented justification for such actions.
  • Timing of Attachment: The BNSS permits property attachment during an ongoing investigation, whereas the PMLA stipulates that attachment should occur post-investigation. This expedites the process but raises concerns about due process.
  • Disposal of Attached Property: If a court identifies attached property as proceeds of crime, it orders distribution to affected parties without awaiting the trial’s conclusion. This could lead to rapid disposal, bypassing essential legal safeguards.

Legal and Procedural Concerns

  • Lack of Definitions and Guidelines: Section 107 does not define "proceeds of crime," creating ambiguity. Furthermore, there are no clear guidelines for District Magistrates on identifying claimants for the property, potentially leading to arbitrary disposals.
  • Constitutional Implications: Article 300A of the Constitution asserts that no one can be deprived of property without lawful authority. The BNSS may contravene this principle by enabling property disposal without comprehensive trials.
  • Potential for Abuse: The expedited process for property attachment and disposal raises the risk of wrongful deprivation of property rights. Critics argue that this undermines justice and fairness, essential tenets of the legal system.

Legislative Intent and Challenges

  • Empowerment of State Authorities: The legislative intent behind Section 107 seems to empower state agencies for quicker resolution of property linked to crime, contrasting with the centralized PMLA. However, this raises practical issues regarding its implementation.
  • Identification Challenges: Determining rightful claimants to the proceeds of crime is complex for investigators, particularly in cases involving organized crime or terrorism. The lack of a defined process could lead to misallocation of assets.
  • Need for Comprehensive Revisions: For the BNSS to serve its intended purpose effectively, it requires significant revisions. Establishing clearer definitions, guidelines, and procedural safeguards will help ensure that the law is just, fair, and reasonable.
Practice Question

Q. Critically analyze the implications of Section 107 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, on property rights and the due process of law in India. What reforms would you recommend to address the identified legal and procedural challenges?

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