GS Analyst: Daily Current Affairs

Addressing the first meeting of the National Security Advisors (NSAs) of India and Central Asian countries, India seeks to focus on the challenge of terrorism, the situation in Afghanistan and the importance of regional connectivity projects.

• The Participants:
  • The NSAs of India, Kazakhstan, the Kyrgyz Republic, Tajikistan, and Uzbekistan participated in the meeting.
  • Turkmenistan was represented by its ambassador in New Delhi.
• Points discussed:
  • The participants called for reiterating strong support for a “peaceful, stable, and secure” Afghanistan.
  • The security officials also emphasized that the territory of Afghanistan should not be used for sheltering, training, planning, or financing any terrorist acts.
• Call for collective action:
  • The officials agreed that the expansion of terrorist propaganda, recruitment, and fund-raising efforts have serious security implications for the region.
  • The misuse of new and emerging technologies, arms and drugs trafficking, using terrorist proxies for cross-border terrorism, abuse of cyberspace to spread disinformation and unmanned aerial systems present new challenges in counter-terrorism efforts and call for collective action.

Significance of the meet:

• This is the first time that NSAs of Kazakhstan, Kyrgyzstan, Tajikistan, and Uzbekistan are in Delhi for a high-level security meeting, which flows from the India-Central Asia virtual summit that took place in January this year.
• The meeting also strongly called for the early adoption of the UN Comprehensive Convention on International Terrorism to effectively deal with the menace.

Why does Central Asia assume significance for India?

• Geostrategic location: Central Asia forms a part of India’s extended neighborhood. Its geographical proximity, strategic location, and historical linkages make it an important partner for New Delhi.
• Energy: Central Asia is significant for India as it has an abundance of oil and gas deposits.
• Global power hub: Strategically, Central Asia is emerging as the next high-stakes competition ground for global powers, hence, it would behoove India to pay closer attention.
• Significant transportation hub: Central Asia is a major transportation hub for gas and oil pipelines and multi-modal corridors connecting China, Russia, Europe, and the IOR.

Recent developments:

• India-Central Asia Dialogue: As a part of moving India’s engagement with the region forward, the first India-Central Asia Dialogue was held in Samarkand, Uzbekistan on 13 January 2019. The participants included India, the five Central Asian republics, and Afghanistan. The second India-Central Asia Dialogue was hosted virtually in October 2020.
• Connectivity Initiatives:
  • TAPI Pipeline: The long-delayed Turkmenistan-Afghanistan-Pakistan-India (TAPI) pipeline, backed by the Asian Development Bank (ADB), was first proposed in the mid-1990s and all four actors officially signed an intergovernmental agreement in 2010.
  • Chabahar port: The Chabahar port that was recently made partially operational gives New Delhi direct land access to CA.
  • International North–South Transport Corridor (INSTC): In the last few years, India has invested in projects such as the International North–South Transport Corridor (INSTC). India sees the INSTC as an import-export route to Russia, Europe, and Central Asia.
• Engagement with the region in 2020 saw a clear focus on issues of regional economic development, connectivity, and security — apart from the immediate need of dealing with the pandemic.
• Among the highlights was the announcement of an additional 1 billion USD Line of Credit extended by India for priority development projects in energy, healthcare, connectivity, IT, agriculture, education, etc.

The Wildlife (Protection) Amendment Bill, 2022, which seeks to strengthen the protection of endangered species and enhance punishment for illegal wildlife trade, has been passed in Rajya Sabha by a voice vote.

About Wildlife Protection Act 1972:

• Wildlife Act 1972 preserves the country’s wild animals, birds and plants in order to ensure ecological and environmental security.
• This act has laid down restrictions on hunting various kinds of animal species.
• It also includes provisions related to harvesting and various other ancillary matters connected thereto.
• It has six schedules which include a list of endangered species, a list of wild animals that are threatening human lives, a list of animals declared as vermin and a list of specified trade, plants, possession etc. which extend all over India.
• Various kinds of penalties have been laid down for the violation of the laws contained therein.

 Need for Amendment:

• India has been blacklisted by CITES once before, and if a second blacklisting were to happen — then India will no longer be able to trade in important plant specimens. This would affect the livelihood of a large section of Indian society that relies heavily on this trade.
• The rationalisation needed to be done because there were many discrepancies in the schedules and they were also ambiguous.
• Some species were listed under English names, others under scientific names, some under families and others under orders.
• Such a categorisation was very confusing for wildlife and forest officials on the ground to implement.

Key provisions of the new Bill:

• There were 50 amendments to the Act proposed in the Bill.
• The words "protection of wild animals, birds and plants", mentioned under the Wild Life (Protection) Act, 1972 have been substituted with the words "conservation, protection and management of wildlife”.
• Rationalising schedules:
  • Currently, the Act has six schedules for specially protected plants (one), specially protected animals (four), and vermin species (one).
  • Bill reduces it to four by:
    • Reducing the number of schedules for specially protected animals to two (one for greater protection level)
    • Removes the schedule for vermin species
    • Inserts a new schedule for specimens listed in the Appendices under CITES (scheduled specimens).
• Obligations under CITES: The Bill authorises the central government to designate 
  • Management Authority: which grants export or import permits for the trade of specimens, and
• Scientific Authority: This gives advice on aspects related to the impact on the survival of the specimens being traded.
  • It prohibits any person from modifying or removing the identification mark of the specimen.
  • Every person possessing live specimens of scheduled animals must obtain a registration certificate from the Management Authority.
• Invasive alien species:
  • It empowers the central government to regulate or prohibit the import, trade, possession or proliferation of invasive alien species.
• Control of sanctuaries: The Present Act entrusts the Chief Wildlife Warden to control, manage and maintain all sanctuaries in a state. 
  • The Chief Wildlife Warden has been appointed by the state government.
  • The Bill specifies that the actions of the Chief Warden must be in accordance with the management plans for the sanctuary.
  • These plans will be prepared as per the guidelines of the central government, and as approved by the Chief Warden.
• Conservation reserves:
  • Under the Act, state governments may declare areas adjacent to national parks and sanctuaries as a conservation reserve, for protecting flora and fauna, and their habitat.
  • The Bill empowers the central government to also notify a conservation reserve.
• Surrender of captive animals:
  • The Bill provides for any person to voluntarily surrender any captive animals or animal products to the Chief Wildlife Warden.
  • No compensation will be paid to the person for surrendering such items. The surrendered items become the property of the state government.
  • Penalties: Bill has increased the fines for violating the provisions of the Act.

In order to address the transition from fossil fuel to non-fossil fuel capacity in India, the Energy Conservation (Amendment) Bill, 2022 has been introduced in Rajya Sabha.

Key Highlights of the Bill:

• The Bill amends the Energy Conservation Act, of 2001 to empower the central government to specify a carbon credit trading scheme. 
• Designated consumers may be required to meet a proportion of their energy needs from non-fossil sources.
• The Energy Conservation Code for buildings will also apply to office and residential buildings with a connected load of 100 kilowatts or above.
• Energy consumption standards may be specified for vehicles and ships.

Need for the Bill:

• For Action against Climate change: Efforts towards energy conservation and efficiency gains are among the key instruments envisaged for climate change mitigation.  
• To reduces, greenhouse gas emissions: Efforts on these fronts lower the energy generation requirement, and thereby reduce greenhouse gas emissions.

Key Features:

• Carbon credit trading: The Bill empowers the central government to specify a carbon credit trading scheme.  
  • Carbon credit implies a tradeable permit to produce a specified amount of carbon dioxide or other greenhouse emissions.
  • The central government or any authorised agency may issue carbon credit certificates to entities registered and compliant with the scheme.
• Obligation to use non-fossil sources of energy: The Act empowers the central government to specify energy consumption standards. 
  • The Bill adds that the government may require designated consumers to meet a minimum share of energy consumption from non-fossil sources.
  • Designated consumers include:

(i) Industries such as mining, steel, cement, textile, chemicals, and petrochemicals,

(ii) Transport sector including Railways, and

(iii) Commercial buildings, as specified in the schedule.

• Energy conservation code for buildings: The Act empowers the central government to specify Energy Conservation Code for buildings.  
  • The code prescribes energy consumption standards in terms of area.
  • The Bill amends this to provide for an ‘Energy Conservation and Sustainable Building Code’.
• Standards for vehicles and vessels:
  • Under the Act, energy consumption standards may be specified for equipment and appliances which consume, generate, transmit, or supply energy.
  • The Bill expands the scope to include vehicles (as defined under the Motor Vehicles Act, 1988), and vessels (including ships and boats).
• Composition of the governing council of BEE: The Act provides for the setting up of the Bureau of Energy Efficiency (BEE).
• These include:

(i) Secretaries of six departments,

(ii) Representatives of regulatory authorities such as the Central Electricity Authority, the Bureau of Indian Standards, and

(iii) Up to four members representing industries and consumers.  

Key Issues:

• Lack of proper classification: The Ministry of Power does not have the expertise to regulate carbon trading schemes. 
• Lack of Inclusion of market regulators: A further question is whether the market regulator for carbon credit trading should be specified in the Act.
• The flexibility of carbon certificates: The Bill does not specify whether these certificates will be interchangeable.
• Fails to address stakeholders’ needs: Designated consumers must meet certain non-fossil energy use obligations.  Given the limited competition among discoms in any area, consumers may not have a choice in the energy mix.

In a policy brief presented at the UN Biodiversity Conference (COP15) in Montreal, scientists have warned that many marine species may go extinct due to human activity before they are discovered.

About the 15th Conference of the Parties (COP15):

• The Conference of the Parties (COP) is the governing body of the Convention and advances implementation of the Convention through the decisions it takes at its periodic meetings.
• The Fifteenth meeting of the Conference of the Parties (COP 15) is held in two phases.
• Phase one took place virtually, from 11 to 15 October 2021 in Kunming, China.
• Phase two is an in-person meeting in Montreal, Canada, from 7 to 19 December 2022.
  
  

Key Points from the conference:

• Undescribed Species: More than 90 percent of the marine species still await description.
• Unique Loss: It will be a unique loss as the unpredictable effects on global ecosystems will be unique due to these yet-to-be-found species.
• Deep-sea conservation: Without knowledge of these species, effective deep-sea conservation is impossible.
• Scaly-foot snail (Chrysomallon squamiferum): In 2019, it became the first deep-sea species listed as globally endangered due to the threat of deep-seabed mining.
• Conservation of deep-sea species: Conservation of deep-sea species found in 'areas beyond national jurisdiction' is challenging.
  • There is not yet an international framework to guide the implementation of conservation measures.
• Consequences to Humans: A loss of deep-sea biodiversity could bring unpredictable consequences for humans as well.

How many have been described so far?

• Nearly 28,000 deep-sea animal species have been described and named.
• An estimated 2.2 million other marine species, including deep-sea, are unknown to science.

Why knowledge about the undescribed species is important?

• The primary reason for this is that the knowledge of deep-sea species biodiversity is a first step to the effective protection of both the species and the ecosystem processes associated with them.

Deep Sea:

• The deep sea is defined as 200 to 11,000 metre depth and beyond.
• It is the world's largest habitat, covering more than half of the earth's surface.
• About 50% of the surface of the Earth is ocean deeper than 3,000 m.
• It is essential to global climate regulation by storing carbon dioxide and heat and by maintaining biodiversity.

Characterization of the Deep-Sea Environment

• Generally, everything below 200 m is considered to be the deep sea.
• light becomes scarce
• primary production is restricted

Species Living in such Environment:

• Biochemical difficulties due to the pressure and low temperatures are compensated by changes in enzyme structures.
  • These pressure-insensitive enzymes are slower.
  • A slower metabolism can create problems when external disturbances, such as those arising from human impact.

Adaptations of Deep-sea Animals

• Body Color: This is often used by animals everywhere for camouflage and protection from predators.
• Gigantism: This is the tendency for certain types of animals to become truly enormous in size.
• Long Lives: Many deep-sea organisms, including gigantic but also many smaller ones, have been found to live for decades or even centuries

Threats:

• Exposed to pollution
• Habitat destruction
• Global warming
• Ocean acidification
• Resource Depletion

In the Energy Summit 2022, organised at IIT Madras, the Australian Consul General for South India mentioned the cooperation between India and Australia to ensure a clean and sustainable environment for future generations as part of a comprehensive strategic partnership initiative.

Australia - India Centre for Energy' (AICE):

• It was launched during the Summit.
• It would work towards achieving UN Sustainable Development Goal 7, which seeks to ensure access to affordable, reliable, sustainable and modern energy for all and also specifically in strategic areas such as critical minerals, clean technology, education and innovation.
• India and Australia’s partnership is important to power the global transformation to a low-carbon future.

An important collaboration between India and Australia

• Economic Cooperation and Trade Agreement (ECTA): The recently-signed Economic Cooperation and Trade Agreement (ECTA) would further facilitate the sharing of low-emissions technological resources, as well as the critical minerals that play an important part in transitioning towards a net zero target.
• For Minerals: The MOU on Cooperation in the field of Mining and Processing of Critical and Strategic Minerals identifies specific areas where both sides will work together to meet the technological demands of the future economy.
• For Energy Transitions: India and Australia jointly decided to progress their Energy Dialogue, which will further cooperation in areas such as pumped hydro storage, cost-effective battery technologies, hydrogen and coal gasification, adoption of clean energy technology, fly ash management technologies, and solar forecasting and scheduling.

Recently, the Supreme Court (SC) suggested a less cumbersome process to appoint ad hoc judges in High courts and also mentioned including retired senior lawyers to act as ‘ad hoc judges’ in High Courts, to address the rising pendency of cases.

Who are ad hoc Judges of High Court?

• A judge ad hoc is a judge appointed by a special procedure for a specific case, or period only.
• Ad-hoc judges should generally have tenure of 2-3 years.
• Depending on the strength of the High Court and the problems it faces, they may appoint 2-5

Difference between ad hoc judges and acting judges:

• In case of absence of main judge, additional judge can act at the place of main judge.
• But ad hoc judge is temporary; he acts only at certain occasion in the absence of main judge.

Need to appoint ad hoc judges:

• Faster delivery of justice.
• For reducing pendency of cases in High Courts.
• As number of cases is far more in high court than in Supreme Court, hence to reduce the workload.
• To use experience of the senior judges.
  
  

Supreme Court suggestions for the position of ‘ad hoc’ judges:

• Guidelines for Appointment of an Ad-hoc Judge:The court orally outlined prospective guidelines for the appointment and functioning of an ad-hoc judge.
• Pendency beyond a Certain Limit:If in a particular jurisdiction, the pendency goes beyond a certain limit, say eight or 10 years, the Chief Justice may appoint a certain [retired] judge with expertise in those fields of laws as an ad hoc judge.
  • Theterm of such a judge could be extendable.
• Position:The appointment of ad-hoc judges would not be a threat to the services of other judges as the Ad-hoc judges will be treated as the junior most.
• Selection:The retired judges would be chosen on the basis of their expertise in a particular field of dispute and allowed to retire once the pendency in that zone of law was over