DAILY CURRENT AFFAIRS ANALYSIS
23rd December 2021
|1.||Details of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Rights Act)||Prelims & Mains|
|2.||About the Anti Conversion Bill of Karnataka||Prelims & Mains|
|3.||Details of the Sessions of Parliament||Prelims & Mains|
|4.||About the Public Interest Litigation||Prelims & Mains|
|5.||About the Armoured Engineer Reconnaissance Vehicles||Prelims & Mains|
1 – DETAILS OF THE SCHEDULED TRIBES AND OTHER TRADITIONAL FOREST DWELLERS (RECOGNITION OF RIGHTS ACT):
- Topic à Environmental Conservation related issues
- The Forest Rights Act is comprised of the following provisions:
- Traditional forest dwelling groups’ rights are legally recognized under the 2006 Act.
- Under the Act, citizens have the following rights:
- Land that is being farmed by tribals or forest dwellers as of December 13, 2005, subject to a maximum of 4 hectares; ownership is only for land that is really being cultivated by the concerned family as of December 13, 2005, meaning no new lands are granted.
- Use rights – grazing lands, pastoralist routes, and other small forest products (including ownership).
- Relief and development rights include the right to rehabilitation in the event of illegal eviction or forced displacement, as well as the access to basic amenities, subject to forest preservation regulations.
- To conserve forests and wildlife, forest management rights are granted.
- Criteria for eligibility:
- To qualify as a Forest Dwelling Scheduled Tribe (FDST) and be eligible for acknowledgment of rights under the Forest Rights Act (FRA), the applicant/s, who could be “members or community,” must meet three qualifications, according to Section 2(c) of the FRA:
- Must be a Scheduled Tribe in the area where the right is claimed; and have lived in the forest or forests land for the majority of their lives prior to December 13, 2005; and rely on the forest or forests land for bona fide livelihood needs.
- Two conditions must be met in order to qualify as an Other Traditional Forest Dweller (OTFD) and be eligible for recognition of rights under the FRA:
- Prior to 13-12-2005, they have lived primarily in the forest or on forest land for three generations (75 years).
- For genuine livelihood needs, rely on the forest or forest area.
- The procedure for recognizing rights is as follows:
- The gram sabha, or village assembly, will first pass a resolution indicating who should be recognized as having rights to particular resources.
- After that, the resolution is screened and accepted at the sub-division (or taluka) level, and then at the district level.
- Three government officials (from the Forestry, Revenue, and Tribal Welfare departments) and three elected members of the local body make up the screening committees.
- Appeals are also heard by these panels.
- Source – The Hindu – 23/12/21 – Page Number 7
2 – ABOUT THE ANTI CONVERSION BILL OF KARNATAKA:
Topic – Polices and Interventions of the Government
- The state of Karnataka has produced an anti-conversion bill that appears to be fashioned after a similar law passed by Uttar Pradesh.
- According to the Bill’s text, this new rule, like the one in Uttar Pradesh, aims to punish persons who convert or attempt to convert others by “fraudulent means” or marriage.
- The Karnataka Protection of Right to Freedom of Religion Bill, 2021, has the following highlights:
- Anyone convicted of illegally converting another person faces a minimum sentence of three to five years in prison and a fine of Rs 25,000.
- If the individual who was ‘illegally converted’ is a minor or a woman, or belongs to the Scheduled Castes or Scheduled Tribes, the punishment is harsher: a three-year minimum sentence and a ten-year maximum sentence, as well as a Rs 50,000 fine.
- The accused person faces three to ten years in prison and a fine of Rs 1 lakh in cases of’mass conversion.’
- An appropriate court would compel the accused to pay compensation to the “victim of conversion,” which can be up to Rs 5 lakh and must be paid in addition to the fine imposed by the legislation.
- There is a lengthy process in place for people who desire to change to another religion voluntarily, and this also applies to interfaith marriages.
- Challenges to come:
- In another BJP-ruled state, Gujarat, several of the clauses that the Karnataka government wants to introduce under its anti-conversion laws were delayed. Gujarat’s government also passed an upgraded anti-conversion law in 2020.
- However, in August 2021, the Gujarat High Court blocked some of the clauses, including one that places the burden of proof on people who engage into an interfaith marriage.
- The requirements, according to the Gujarat High Court, go against an individual’s freedom to choice and liberty as guaranteed by the Indian Constitution.
- Because comparable provisions are included in the Karnataka Bill as well, the bill is in violation of constitutional rights.
- Source – The Hindu – 23/12/21 – page Number 15
3 – DETAILS OF THE SESSIONS OF PARLIAMENT:
Topic – Indian Parliament
- What does the Constitution say about parliamentary sessions:
- Article 85 stipulates that no more than six months must pass between two sessions of Parliament.
- Please note that the Constitution makes no provision for when or how long Parliament shall meet.
- A maximum of six months must elapse between two sessions of Parliament. As a result, the Parliament should convene at least twice a year.
- The time between a House’s first sitting and its prorogation is referred to as a “session” of Parliament.
- Who will call a meeting of the Parliament:
- In practice, the Cabinet Committee on Parliamentary Affairs, which is made up of senior ministers, sets the dates for parliament’s sessions, which are subsequently communicated to the president.
- As a result, the executive branch, led by the prime minister, will have the authority to advise the president to call a special session of parliament.
- What is the significance of a Parliamentary Session:
- When Parliament meets determines when laws are made.
- Furthermore, only when both Houses are in session can a complete examination of the government’s operations and discourse on national problems take place.
- A well-functioning democracy requires predictability in the operation of Parliament.
- Source – The Hindu – 23/12/21 – Page Number 1
4 – ABOUT THE PUBLIC INTEREST LITIGATION:
Topic – Indian Constitution
- About the Public Interest Litigation (PIL):
- The term ‘public interest litigation’ comes from American law, where it was created to provide legal representation to previously underrepresented groups such as the poor, racial minorities, unorganized consumers, and citizens concerned about environmental issues, among others.
- Public Interest Litigation (PIL) is a type of lawsuit brought in a court of law to safeguard “public interest” issues such as pollution, terrorism, road safety, and construction dangers, among others. Any issue that affects the general public’s interest can be resolved by filing a Public Interest Litigation in a court of law.
- There is no definition of public interest lawsuit in any statute or act. Judges have interpreted it to mean that the intent of the general public is taken into account.
- The authority provided to the public by courts through judicial activism is known as public interest litigation.
- The following are some of the issues that are considered in PILs:
- Bonded It’s all about the workers.
- Children that have been neglected
- exploitation of casual workers and non-payment of minimum wages
- Women’s atrocities
- Pollution of the environment and disruption of the ecological equilibrium
- Adulteration of food
- Heritage and cultural preservation
- Hussainara Khatoon vs. State of Bihar (1979), the first known case of PIL, focused on the inhumane circumstances of jails and under trial detainees, and resulted in the release of almost 40,000 under trial prisoners.
- Source – The Hindu – 23/12/21 – Page Number 3
5 – ABOUT THE ARMOURED ENGINEER RECONNAISSANCE VEHICLES:
Prelims Specific Topic:
- At an occasion in Pune, these next-generation vehicles were admitted into the Army’s Corps of Engineers.
- Defence Research and Development Organisation designed the indigenous Armoured Engineer Reconnaissance vehicle (DRDO).
- Ordnance Factory Medak collaborated with Bharat Electronics Limited, Pune, to produce it.
- The Indian Army has placed an order for 53 AERVs.
- Individual engineering formations will be deployed with these vehicles, primarily on the Western front.
- The vehicle’s importance:
- The vehicle can conduct reconnaissance of water impediments and marshy patches in order to carry out engineering operations. It can also conduct reconnaissance and offer real-time updates to force commanders. It will contribute to the Indian Army’s existing “engineer reconnaissance capabilities.” In any future conflict, vehicles would be a game-changer in supporting mechanized operations.
- About the Armoured Engineer Reconnaissance Vehicles (AERV):
- The AERV was created by adapting the BMP-II amphibious infantry fighting vehicle.
- The vehicle was created to satisfy the tactical and combat needs of military engineers conducting terrestrial and underwater surveys in challenging terrains.
- It will largely be utilized to build assault bridges for offensive and defensive operations in desert, flat, and riverine locations.
- A laser range finder and other technological equipment have been installed in place of the revolving town’s tower.
- It also comprises of ‘equipment measuring water currents & soil densities’ which are required for engineering columns for constructing bridges.
- Source – The Hindu – 23/12/21 – Page Number 5