GS PAPER – II

Overhaul of Criminal Laws: Three New Bills

Why in news?

Recently, in a complete overhaul of colonial-era criminal laws, Union Home Minister introduced three Bills in Lok Sabha to replace the

• Indian Penal Code (IPC), 1860 from Bharatiya Nyaya Sanhita (BNS), 2023;
• The Code of Criminal Procedure, 1973 (originally enacted in 1898) from Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and the
• Indian Evidence Act, 1872 from Bharatiya Sakshya (BS) Bill, 2023.

Key Provisions of the three Bills:

• Revamping Sedition: The government had taken a “historic” decision to repeal the sedition law (IPC Section 124A). However, the new code, under Section 150, includes a provision within the category of “offences against the state.” This distinctly addresses the imposition of punishment — from seven years to life — for acts that endanger the sovereignty, unity, and integrity of India. And widens the ambit to include financial transactions and electronic communication.
• COMMUNITY SERVICE as an alternate form of punishment;
• Electronic filing of FIRs,
• Trials on video conferencing to ensure speedy justice.
• Mob Lynching: Recognising Hate crimes that involve murder by a mob as a special offence.
• Zero FIR: FIR that can be filed in any police station, regardless of the place where the crime is committed or the jurisdiction of the police station.
• Designated district and police station to Police to inform victims of the progress of the investigation within days.
• In sexual violence cases, the statement of the victim is to be recorded by a woman magistrate
• Crime Against women: 20 Years or life imprisonment for gangrape; where the victim is minor provision for life imprisonment or the death penalty.
• Terrorism defined for the first time in Bharatiya Nyaya Sanhita; New section relating to organised crime.
• SUMMARY TRIAL: Petty cases expedited by summary trial.
• NEW ‘DOCUMENTS’ IN PROPOSED EVIDENCE LAW: Electronic and digital record; Email, server logs, documents on computer; Phone or laptop messages; Website, locational evidence; Mail messages on digital devices.
• USE OF FORENSICS: Mandatory use of forensics in all states, Union Territories; Mandatory use of forensic experts in all offences punishable with 7 years or more; Necessary infrastructure in states/UTs to be created within 5 years.

GS PAPER – II

NGT’s direction on Tampara Lake

Why in news?

Recently, the National Green Tribunal, Eastern Zone, has directed the Odisha government not to go ahead with ‘illegal’ construction in and around Tampara Lake in Odisha.

• Tampara Lake is a designated Ramasar site and one of the largest picturesque freshwater lakes in the State.
• The lake water is blue and clear. There are dense forests on the banks of the lake. Many types of aquatic creatures are found in the lake, including fish, turtles, and crocodiles.

About NGT

• The National Green Tribunal (NGT) was established under the National Green Tribunal Act of 2010 to handle matters involving environmental protection, the preservation of forests, and other natural resources in an efficient and timely manner.
• Within six months after the application or appeal’s submission, the NGT is required to render a final decision.
• The NGT meets in five locations; New Delhi serves as its principal location, with the other four locations being Bhopal, Pune, Kolkata, and Chennai.
• The Chairperson is appointed by the Central Government in consultation with the Chief Justice of India (CJI).
• NGT Members are not eligible for reappointment.
• The NGT deals with civil cases under the following seven laws:
  • The Water (Prevention and Control of Pollution) Act, 1974,
  • The Water (Prevention and Control of Pollution) Cess Act, 1977,
  • The Forest (Conservation) Act, 1980,
  • The Air (Prevention and Control of Pollution) Act, 1981,
  • The Environment (Protection) Act, 1986,
  • The Public Liability Insurance Act, 1991 and
  • The Biological Diversity Act, 2002.

GS PAPER – II

SC COLLEGIUM FIRM ON TRANSFER OF 24 HC JUDGES

Why in News?

• The Supreme Court Collegium has recommended the transfer of 24 judges from High Courts across the country despite requests from several of them to reconsider its decision. While some judges urged the Collegium to rethink their transfers, others sought a shift to High Courts in neighboring States. A few gave the apex court body the names of cities they did not mind moving into.

Collegium’s Decision

• The Collegium has declined to retract any of the 24 proposed transfers. Many judges had asked for a reconsideration of the decision.
• One of them, Justice C. Sumalatha, a Telangana High Court judge who was proposed to be shifted to Gujarat, made a request to the Collegium to move her to either Andhra Pradesh or Karnataka. The Collegium suggested her for Karnataka.
• Similarly, Justice M. Sudheer Kumar, also from Telangana, was chosen for transfer to Calcutta High Court. But the judge urged the Collegium to move him to the Andhra Pradesh, Karnataka or the Madras High Courts. The Collegium has now suggested Madras for him.
• Similarly, Justice Narender G, who was picked for transfer from Karnataka to Orissa, urged the Collegium to retain him in Karnataka for three or four months, or in the alternative, shift him to Telangana, Madras or Andhra Pradesh. He has now been proposed for Andhra Pradesh.
• Three Calcutta High Court judges — Justices Bibek Chaudhuri, Lapita Banerji, Shekhar B. Saraf — were also denied relief.

Procedure of transfer of HC judge:

• Article 222 of the Constitution makes provision for the transfer of a Judge (including Chief Justice) from one High Court to any other High Court.
• The initiation of the proposal for the transfer of a Judge should be made by the Chief Justice of India (CJI).
• The opinion of the CJI “is determinative”.
• CJI is expected to take into account the views of the Chief Justice of the High Court from which the Judge is to be transferred and Chief Justice of the High Court to which the transfer is to be affected.
• The views of one or more Supreme Court Judges who are in a position to offer his/their views are also taken into account.
• In the case of transfer of a Chief Justice, only the views of one or more knowledgeable Supreme Court Judges need to be taken into account.
• The views on the proposed transfer of a Judge or a Chief Justice of the High Court should be expressed in writing and should be considered by the CJI and the four senior most Judges of the Supreme Court.
• The proposal once referred to the Government, the Union Minister of Law, Justice and Company Affairs would submit a recommendation to the Prime Minister who will then advise the President as to the transfer of the Judge concerned.
• After the President approves the transfer, the notification will be gazetted and the judge remains transferred.

GS PAPER – II

SC COLLEGIUM FIRM ON TRANSFER OF 24 HC JUDGES

Why in news?

• China had objected to the use of non-UN languages like Sanskrit in any of the G-20 texts being negotiated. Reports said that China was the only country objecting to the use of the phrase.

Centre’s defense

• Defending the use of the Sanskrit term Vasudhaiva Kutumbakam (The world is one family) in its G-20 logo, the Ministry of External Affairs said it uses only the “English version” of the phrase — “One Earth, One Family, One Future” — in its summary documents and outcome statements.
• The theme of India’s G-20 Presidency in English is One Earth, One Family, One Future. This is based on civilisational ethos of Vasudhaiva Kutumbakam which has received widespread support and permeates many of the initiatives that India has brought on to the G-20 agenda.
• The G-20 letterhead during the Indian Presidency contains the term in the Devanagari script as well as English.

Chinese Opposition

• Media reports had said that China was the only country objecting to the use of the phrase, and even Russia, which has consistently opposed the language in G-20 text with regard to Ukraine, has not joined in the Chinese position on it.

Vasudhaiva Kutumbakam

• Vasudhaiva Kutumbakam is a Sanskrit phrase found in Hindu texts such as the Maha Upanishad, which means “The World Is One Family”. Vedic tradition mentions “Vasudhaiva Kutumbakam” meaning all living beings on the earth are a family.

Importance in Indian Foreign Policy

• It has been used to broadly convey India’s ideal and liberal concept of global norms, themes of globalization, or global commons.

GS PAPER – III

Luna 25 : Russian Spacecraft to Moon

Why in news?

Recently, Russiam space agency Roscosmos launched its first moon-landing spacecraft, Luna 25 in 47 years in a bid to be the first to land on the lunar south pole, an area believed to hold water.

• A Soyuz-2.1b rocket booster with a Fregat upper stage and the lunar landing spacecraft Luna-25 launched from a launchpad at the Vostochny Cosmodrome in Amur region, Russia.
• Luna-25, roughly the size of a small car, will also test the nation’s independence in space after the Ukraine war severed nearly all of the space ties with the West.
• ROSCOSMOS said that it’s landing on the moon would not impede India’s Chandrayaan-3, which was launched on July 14, 2023, as the two missions had different landing areas.

Do You Know?

• The Soviet Luna 1 space probe is regarded as the first spacecraft to reach the Moon, it passed it by, 3,725 miles above its surface in 1959.
• Russia and China are collaborating on their own future Moon base, the International Lunar Research Station.

GS PAPER – III

Legionella bacteria

Why in news?

Recently Britain removed migrants from a residential barge after Legionella bacteria was found in the water supply.

• The Bibby Stockholm barge is located at Portland Port, near Poole, Britain.

About the Legionella bacteria:

• Legionella is a group of pathogenic gram-negative bacteria that includes the species L. pneumophila and causes Legionellosis, as well as the pneumonia like disease known as Legionnaires’ disease and the mild flu known as Pontiac fever.

Legionnaires’ disease:

• A pneumonia-like condition known as legionellosis can range in severity from mild febrile sickness to a serious and occasionally fatal form of pneumonia.
• Symptoms: It had a temperature, stomach and muscular aches, and shortness of breath.
• Spread: Through the inhalation of polluted aerosols from contaminated water etc.
• Treatment: Although there are medications for the condition, there is yet no vaccination.

Do You Know?

• Gram-negative bacteria are bacteria that do not retain the crystal violet stain used in the Gram-staining method.