23 Aug 2023: UPSC Exam Comprehensive News Analysis

B. GS 2 Related

Category: POLITY

1. Causing floods is a terrorist offence in law proposed to replace the Indian Penal Code

Syllabus: Legal framework and anti-terror laws.

Mains: Internal security challenges, anti-terrorism legislation, constitutional provisions related to law enforcement.

Context:

The proposed Bharatiya Nyaya Sanhita Bill (BNS) introduces causing “floods” as a terrorist offence, seeking to replace the Indian Penal Code. This move raises concerns about procedural safeguards.

Bharatiya Nyaya Sanhita Bill (BNS) Proposal

• BNS Bill classifies causing “floods” as a terrorist offence, aiming to replace British-era Indian Penal Code.
• Terrorism is defined as a separate offence for the first time within general law in contrast with the Unlawful Activities (Prevention) Act, 1967, which focused on terrorist activities.

Definition and Scope of Terrorism

• Section 111 (6) (a) of the Bill defines “terrorist” as a person involved in various activities, including causing floods.
• The Bill, introduced on August 11 during the Monsoon Session of Parliament, has been referred to the Parliamentary Committee on Home Affairs for examination.

Lack of Procedural Safeguards

• The proposed law lacks procedural safeguards against false implications in terrorism and organised crime, just as is the case with UAPA and the Maharashtra Control of Organised Crime Act (MCOCA).
• UAPA is known for its draconian provisions and has led to 4,690 arrests (2018-2020) with only 3% convictions.

Missing Safeguards and Implications

• The proposed law bypasses safeguards and any police officer can register FIR labelling an individual as a terrorist.
• MCOCA and UAPA require senior police officer approval for FIRs, specific investigative ranks, and government sanctions for court cognizance. Similar safeguards are missing in the proposed law.

Real-World Case and Controversy

• The 2022 flood incident in Silchar, Assam led to criminal case registration; floods claimed over 120 lives.
• The Assam CM attributed floods to human action; accusations against one particular community led to social media uproar (“flood jihad”).

Proposed Punishment and Safeguard Comparison

• Section 111 proposes minimum five-year imprisonment and the death penalty for terrorist offences.

Nut Graf: The BNS Bill’s inclusion of flood-related offences as terrorism triggers debates on safeguards. Experts highlight contrasts with existing laws, while a real-world incident in Silchar adds controversy.

E. Editorials

Category: SCIENCE AND TECHNOLOGY

1. Understanding the failure of Luna 25

Syllabus: GS-3, Awareness in the fields of IT, Space, Computers, robotics, nano-technology, bio-technology and issues relating to intellectual property rights.

Mains: Luna 25 and Chandrayaan 3 Missions 

Background

• The Russian space agency just launched its Luna 25 spacecraft aboard a Soyuz 2 rocket. 
• However, Roscosmos said that Luna 25 experienced a fault and landed on the moon’s surface the day before, thereby terminating the mission.

About Luna 25

• The Luna 25 was originally known as the Luna-Glob, but the name was modified to make the mission part of the Luna series.
• The objective was to provide Russia’s guaranteed access to the moon’s surface — a reference to the moon’s rising prominence as a spaceflight destination. 

Significance

• In contrast to the Artemis Accords, which were headed by the United States, Russia and China are jointly in charge of the International Lunar Research Station (ILRS). However, Russia has not carried out a successful interplanetary mission in 34 years.
• According to some observers, Russia planned Luna 25 to be a display of the country’s economy, including the spaceflight sector.

Failure of Luna 25

• According to Roscosmos, the spacecraft had a technical fault that caused it to operate outside of the parameters set for the mission.
• According to reports, as Luna 25 attempted to change its circular orbit around the moon to a lower pre-landing orbit, it applied more power than was necessary, sending it careening to the moon’s surface. 
• Roscosmos lost touch with Luna 25 while it was completing this move, implying that the manoeuvre knocked it out of lunar orbit. 

Reasons why Luna 25 and Chandrayaan 3 Missions are not in a race

• The Luna 25 and Chandrayaan 3 missions were launched at the same time and were both intended to try soft landings on the moon within a few days of each other. 
• However, the launch vehicle, the mass of the spacecraft, the earth-moon trajectory, and the availability of sunlight at a given point on the moon all influence these mission parameters. 
• While Roscosmos has been working on Luna 25 since the early 2010s, Chandrayaan 3 has been in development since 2019. 
• Both expeditions were additionally hampered by the COVID-19 epidemic. 
• Roscosmos and the Indian Space Research Organisation (ISRO) have previously collaborated; the former is also assisting in the training of Indian astronauts for the Gaganyaan mission.
• As a result, Luna 25 and Chandrayaan 3 could not have competed.

Sanctions on Russia and Impact on Lunar Mission

• Currently, NASA and the European Space Agency are assisting ISRO in tracking Chandrayaan 3 around the moon. Their antennas will keep in touch with the ‘Vikram’ lander as it seeks a smooth landing. 
• However, once Russia invaded Ukraine, it lost the trust of many countries throughout the world, prompting economic sanctions. 
• In other words, Roscosmos could only communicate with Luna 25 while it was directly above Russia. 
• One less-noticed repercussion was that Russia lost its ability to employ satellite tracking systems run by governments all around the world. 

Way Forward

Russia is lagging behind in terms of travelling to the moon. Prior to the ILRS, Russia collaborated with NASA to create a near-moon space station. However, even before it left the partnership in 2021, its function in the firm was shown to be quite small.

Roscosmos has already scheduled Luna missions 26 and 27 as part of the first phase of operations, which includes technology demonstration and site selection for future lander missions, under the ILRS. 

Nut Graf: The failure of Luna 25 and Western sanctions will have an influence on the launch of Russia’s future Luna missions, restricting Russia’s involvement in interplanetary missions.

Category: ENVIRONMENT AND ECOLOGY

1. On protecting the biodiversity of the northeast

Syllabus: GS-3, Conservation, environmental pollution and degradation, environmental impact assessment.

Mains: Vulnerable Biodiversity of Northeast India and Environment Laws

Background

• In the recent case of Cleanliness of Umiam Lake vs. State of Meghalaya (2023), the division Bench of the Chief Justice held that “the natural beauty of the State should not be destroyed in the absence of any other employment opportunities and in the name of promoting tourism.”
• The Meghalaya High Court was deliberating on a Public Interest Litigation (PIL) over the cleanliness of Umiam Lake. 
• The Meghalaya Water Bodies (Preservation and Conservation) Guidelines, 2023, were criticized by the court for failing to address the “most serious aspect of buildings and construction mushrooming around water bodies.”

Vulnerable Biodiversity of Northeast India 

• Northeast India is a green belt region due to its immense natural resources such as oil, natural gas, minerals, and freshwater. 
• Some of the most significant biodiversity hotspots include the Garo-Khasi-Jaintia highlands and the Brahmaputra river.
• Despite the northeast’s economic backwardness, deforestation, floods, and existing industries are wreaking havoc on the region’s ecology. 
• According to the Ministry of Development of the North-eastern Region’s environmental assessment of the North East Rural Livelihood Project, “Northeast India lies within an ecologically fragile, biologically rich region, highly prone to climatic changes, located in trans boundary river basins.” Deforestation, mining, quarrying, and shifting farming are all threatening the regions’ biodiversity and fauna.

Environmental Laws and Government role

• Environmental offences have been classified as “public nuisance” in the Indian Penal Code (IPC), 1860. 
• The Sixth Schedule of the Constitution restricts the State’s power over issues falling under the District Councils’ purview, notably the use of property, by granting the District Councils autonomy. In many cases, District Councils do not impose any restrictions for the preservation and conservation of land, particularly surrounding bodies of water. 
• Environmental litigation erupted as a result of PILs and judicial activism fostered by Articles 32 and 226 of the Constitution. 
• The implementation of rigorous restrictions and the application of harsh fines by judicial and quasi-judicial authorities of the state frequently saves these regions’ ecologically delicate flora and wildlife.
• The North East Industrial Development Scheme (NEIDS), 2017’s ‘Negative List’ is a step in the right direction. If an entity does not meet environmental criteria, it will not be eligible for any NEIDS incentives and will be placed on the “negative list.”
• Similarly, the ‘Act Fast for Northeast’ strategy should cover not only “trade and commerce” but also “environment and ecology” preservation in the region. 

Conclusion

Central and state governments must improve infrastructure, generate money, and create jobs through long-term policy. Aiming for a 10-trillion-dollar economy while failing to safeguard India’s ecology is a futile objective. The government should investigate the possibility of developing consistent environmental law that addresses environmental challenges at all levels of government.

Nut Graf: Fostering tourism, executing building projects, and expanding infrastructure are all methods for a state to earn cash and provide job possibilities. Some of them, though, come at a high environmental cost.