DAILY CURRENT AFFAIRS ANALYSIS

07^th December 2021

. No.	Topic Name	Prelims/Mains
1.	What is the Compensatory Afforestation Management and Planning Authority	Prelims & Mains
2.	All about Judicial & Police Custody	Prelims & Mains
3.	Laws in India against Dowry	Prelims & Mains
4.	About BR Ambedkar	Prelims & Mains
5.	Details of the NDPS Amendment Act 2021	Prelims & Mains
6.	About the Enforcement Directorate	Prelims & Mains
7.	What are PR Bonds	Prelims Specific
8.	About the Physella Acuta Snail	Prelims Specific

 

1 –  WHAT IS THE COMPENSATORY AFFORESTATION MANAGEMENT & PLANNING  AUTHORITY: 

Prelims Specific Topic

• Context:
• CAMPA, the Compensatory Afforestation Fund Management and Planning Authority, has so far distributed Rs. 48,606 crore to 32 states.
• Jharkhand and Maharashtra each received over 3,000 crore, followed by Chhattisgarh and Odisha, which received close to 5,700 crore apiece.
• How does CAMPA funding function and what are they:
• The Compensatory Afforestation Fund (CAF), a 54,000-crore tranche accumulated over a decade as environmental compensation from industry that has burned forest area for commercial purposes, now gets CAMPA funds.
• The mission statement of the CAMPA Fund is as follows:
• The CAF Act 2016, which came into effect more than a decade after the fund was proposed, established the Compensatory Afforestation Fund Management and Planning Authority.
• The management guidelines for the fund, on the other hand, were not finalised until late August.
• What is Compensatory Afforestation and How Does It Work:
• When forest land is diverted for non-forest purposes like as mining or industry, the user agency pays for forest planting on an equal quantity of non-forest land, or twice the area of degraded forest land if no such land is available.
• Funds are shared:
• According to the standards, the states should receive 90% of the CAF funds, while the federal government sould keep 10%.
• The funds can be used for things like catchment area treatment, assisted natural generation, forest management, wildlife protection and management, village relocation from protected areas, human-wildlife conflict management, training and awareness generation, supply of wood-saving devices, and other things.
• Source – The Hindu – 07/12/21 – Page Number 10

2 – ALL ABOUT JUDICIAL & POLICE CUSTODY:

GS I

Topic – Judiciary & Criminal Laws

• The Basic Idea:
• The act of apprehending someone for the purpose of providing protective care is referred to as “custody.”
• The terms “arrest” and “custody” do not mean the same thing. While every arrest does result in jail, the contrary is not true.
• When someone is arrested, their personal liberty is instantly jeopardised. It violates his right to liberty.
• Custody in police custody (Police Custody):
• When police receive information, a complaint, or a report about a crime, a police officer arrests the suspect involved in the incident and brings him to a police station to prevent him from committing more offences. This is referred to as “Police Custody.”
• It is the incarceration of a suspect in the custody of the police in a police station’s jail. During this confinement, which should not last longer than 24 hours, the investigating officer may question the subject.
• The investigating officer must bring the defendant to the appropriate judge within 24 hours, excluding travel time from the police station to the court.
• The judiciary’s custody (Judicial Custody):
• The accused is in the custody of the concerned Magistrate in judicial custody, whereas the accused is in the custody of the police in police custody.
• The accused is held in a police station lockup in the first case, but in the second case, the accused is imprisoned in a jail.
• The Cr.P.C. kicks in when a person is taken into custody by the police, and he or she must be presented before a Magistrate within 24 hours of the arrest.
• What Happens After Judicial Custody:
• Police can detain a person or place them in judicial custody.
• When a suspect is arrested, the first thing that happens to him is that he is placed in police custody. He is then taken before a magistrate and may be held in judicial custody or restored to police custody.
• What is the difference between police custody and judicial custody according to the CrPC:
• When a person suspected of committing a cognizable offence is seized and detained by the police, and then produced within 24 hours (excluding travel time from the arrest place), or when he surrenders himself to the nearest Magistrate.
• The Magistrate can then decide whether he should be released on bail or held in court or police custody.
• If the accused is a juvenile, his age must be determined, and he must appear before the Juvenile Justice Board if he is found to be a juvenile.
• Suspects in custody of the police or the courts are presumed to be suspects.
• A suspect does not become a criminal until a court finds him or her guilty and sentences him or her to prison for the crime reported.
• Deterrents are provided by these types of custodies.
• When a police officer has custody of a suspect, he or she has the ability to treat him or her whatever he or she deems fit.
• When a suspect is arrested by the police while the investigation is still underway, the suspect’s lawyer frequently asks for Bail or Judicial Custody.
• When a suspect is placed in judicial custody, he or she becomes the responsibility of the court.
• The investigating officer is not allowed to question the suspect while he or she is in judicial custody.
• However, if the court deems the interrogations are essential based on the evidence submitted to it, the court may approve them.

Source – The Hindu – 07/12/21 – Page Number 2

3 – LAWS IN INDIA AGAINST DOWRY:

GS II

Topic – Criminal Justice System of India

• Background:
• The Supreme Court (SC) recently broadened the scope of section 304B of the Indian Penal Code (IPC) by declaring that there is no one-size-fits-all approach to determining cruelty to women.
• The IPC’s Section 304B states:
• According to Section 304B, a woman must die of burns or other bodily injuries or “otherwise than under normal circumstances” within seven years of her marriage to prove a case of dowry death.
• In conjunction with a dowry demand, she should have been subjected to brutality or harassment by her husband or in-laws “soon before her death.”
• The Supreme Court’s Decision Highlights:
• Section 304B of the IPC must be considered in light of the legislative objective to prevent bride burning and dowry demand.
• When evaluating whether the time between the ruelty or harassment and the victim’s death comes within the criteria of “soon before,” the court should use its discretion.
• Establishing a “proximate and living link” between the cruelty and the victim’s death as a result of it is critical in reaching this determination.
• Over the years, courts have interpreted the phrase “soon before” in Section 304B as “immediately before.” A woman must have been harassed just before she died, according to this theory.
• Cruelty has a broad definition, spanning from physical to verbal to emotional abuse. As a result, there are no straitjacket equations that can be used to define exactly what the phrase “soon before” means.
• Furthermore, the provision’s language “other than under normal circumstances” necessitates a broad reading.
• Section 304-B of the IPC does not use a specific approach to classify death as homicidal, suicidal, or accidental.
• Furthermore, the accused should be fairly interrogated regarding the incriminating evidence against him.
• Other critical factors, such as the right to a speedy trial, must, however, be weighed.
• For nearly a decade, from 1999 to 2018, dowry killings accounted for 40 percent to 50 percent of all killings in the country.
• In 2019, 7,115 dowry deaths were reported under Section 304B of the Indian Penal Code.
• Source – The Hindu – 07/12/21 – Page Number 5

4 – ABOUT BR AMBEDKAR:

GS I

Topic – Modern Indian History

Basic details:

• Bhimrao Ambedkar was born in Mhow, Central Province, in the year 1891.
• He is known as the Father of the Indian Constitution and was India’s first Law Minister.
• He was the Chairman of the Drafting Committee for the new Constitution.
• He was a well-known politician who fought for the rights of Dalits and other socially backward groups.
• Contributions:
• He spearheaded the Mahad Satyagraha against Hindus challenging the Municipal Board’s decision in March 1927.
• In 1926, the Mahad Municipal Board of Maharashtra issued an order to open the tank to all communities. The Mahad tank had previously been off-limits to the untouchables.
• He was present at all three Round Table Conferences.
• The Poona Pact, struck in 1932 by Dr. Ambedkar and Mahatma Gandhi, abandoned the idea of separate electorates for the poor (Communal Award).
• However, seats reserved for the poor in provincial legislatures were increased from 71 to 147, and they now account for 18% of the total in the Central Legislature.
• His recommendations to the Hilton Young Commission resulted in the formation of the Reserve Bank of India (RBI).
• Electoral and Appointment Processes: In 1936, he was elected to the Bombay Legislative Assembly as a representative (MLA).
• He was elected to Viceroy’s Executive Council as a Labour member in 1942.
• Ambedkar accepted Prime Minister Nehru’s invitation to join India’s first Cabinet as Minister of Law in 1947.
• Buddhist conversion:
• Due to differences over the Hindu Code Bill, he resigned from the ministry in 1951.
• He converted to Buddhism. He died on the 6th of December 1956. (Mahaparinirvan Diwas).
• Chaitya Bhoomi, B R Ambedkar’s memorial, is located in Mumbai.
• He was awarded the Bharat Ratna, India’s highest civilian honour, in 1990.
• Among the important works are:
• Mooknayak (1920), Bharat in Bahishkrit (1927), Janata Samatha (1929)
• Books:
• Caste extinction
• Who is more powerful: Karl Marx or Gautama Buddha?
• Why Did the Untouchables Become Untouchables?
• Buddha and the Dhamma of the Buddha
• ‘Hindu Women’s Organizations’ is a collection of Hindu women’s organisations. Bahishkrit Hitkarini Sabha’s Rise and Fall (1923)
• Independent Labor Party (1936)
• Scheduled Castes Federation (1942)
• The Importance of Bhimrao Ambedkar in Today’s World:
• Caste-based inequality still occurs in India.
• While reservation has given Dalits a political identity and allowed them to form their own political parties, they still trail behind in social (health and education) and economic aspects.
• There has been an upsurge in polarisation and politicisation among communities.
• To save the Indian Constitution from permanent damage, Ambedkar’s concept of constitutional morality must take precedence above religious morality.
• Source – The Hindu – 07/12/21 – Page Number 2

5 – DETAILS OF THE NDPS AMENDMENT BILL 2021:

GS II

Topic – Government Policies & Interventions for the Vulnerable Sections of the Population:

• Context:
• The Narcotic Drugs and Psychotropic Substances (Amendment) Bill, 2021, was recently tabled in the Lok Sabha.
• Its goal is to replace a law that took effect on September 30th of this year.
• What is the objective of the Bill:
• The bill was introduced by the government to address an omission that rendered Section 27 of the Act ineffective, which punishes those who finance unlawful trade.
• The Act was revised in 2014 to make it simpler to get narcotic opioids for medical purposes, but the criminal provision was not changed.
• In June 2021, the Tripura High Court found a fault in the Act and directed the Union Home Ministry to change the requirements of Section 27.
• What prompted you to make this change:
• The drafting error was uncovered after an accused filed a special court appeal in Tripura, claiming that he could not be charged since Section 27 A refers to a blank list. The Tripura High Court then requested that the law be changed by the Centre.
• What had gone wrong was this:
• The oddity surfaced in 2014, when the Narcotic Pharmaceuticals and Psychotropic Substances (NDPS) Act was updated to facilitate medical access to narcotic pharmaceuticals by removing state prohibitions on exporting and licencing “essential narcotic drugs.”
• Prior to the 2014 modification, the term “illicit traffic” was defined in sub-clauses I to (v) of clause (viiia) of Section 2 of the Act.
• After inserting a new clause (viiia) in section 2 defining “essential narcotic drugs,” the Narcotic Drugs and Psychotropic Substances (Amendment) Act of 2014 renamed this clause (viiib).
• Section 27A of the NDPS Act, on the other hand, did not make any inadvertently consequential changes.
• The following are some of the Bill’s critics:
• Because it relates to offences that occurred before 2014, few commentators believe the Bill infringes on a citizen’s fundamental rights.
• It also violates Article 21’s fundamental rights because an offence can be punished if a law is in effect at the time the offence is committed.
• NDPS Act:
• Manufacturing, possessing, selling, buying, transporting, storing, and/or using any narcotic substance or psychotropic chemical is prohibited.
• The NDPS Act has been updated three times since then: in 1988, 2001, and 2014.
• The Act applies to the entire country of India, as well as all Indian citizens living abroad and all crew members on Indian-registered ships and planes.
• To combat the problem of drug trafficking, the Indian government has implemented a number of policy and other measures:
• On August 15, 2020, the ‘Nasha Mukt Bharat Abhiyaan,’ or ‘Drugs-Free India Campaign,’ began in 272 districts across the country that had been designated as the most vulnerable based on data from various sources.
• The 2018-2025 National Action Plan for Drug Demand Reduction has begun to be implemented by the Ministry of Social Justice and Empowerment (NAPDDR).
• The Narco-Coordination Centre was formed by the government in November 2016. (NCORD).
• The “National Fund for Control of Drug Misuse” was formed by the government to cover the costs of fighting illicit drug trafficking, rehabilitating addicts, and educating the public about drug addiction, among other things.
• Source – The Hindu – 07/12/21 – Page Number 9

6 – ABOUT THE ENFORCEMENT DIRECTORATE:

GS II

Topic – Statutory & Non-Statutory Bodies

• Basic information about the Enforcement Directorate:
• It is a multidisciplinary organisation entrusted with enforcing two specific fiscal laws: the Foreign Exchange Management Act (FEMA) of 1999 and the Prevention of Money Laundering Act (PMLA) of 2002. (PMLA)
• Background:
• The Department of Economic Affairs formed a “Enforcement Unit” on May 1, 1956, to handle Exchange Control Law breaches under the Foreign Exchange Regulation Act of 1947 (FERA ’47).
• In 1957, this unit was renamed the ‘Enforcement Directorate.’ Administrative supervision of the Directorate was transferred from the Department of Economic Affairs to the Department of Revenue in 1960.
• For four years (1973–1977), the Directorate was also under the administrative control of the Department of Personnel and Administrative Reforms.
• Powers:
• The Directorate is in charge of enforcing two statutes:
• FEMA is a civil law having quasi-judicial powers that is used to investigate and punish people found guilty of violating the Exchange Control Laws and Regulations.
• The PMLA is a criminal statute that permits authorities to conduct investigations in order to find, provisionally attach/confiscate assets obtained through Scheduled Offenses, and arrest and punish money launderers.
• Composition:
• Apart from hiring individuals directly, the Directorate also deputises officers from various investigative agencies, including Customs and Central Excise, Income Tax, and the Police.
• There are also the following features:
• Cases of fugitive/s from India are being processed under the Fugitive Economic Offenders Act of 2018.
• Sponsor cases of preventative detention under the 1974 Conservation of Foreign Exchange and Prevention of Smuggling Activities Act in cases of FEMA violations (COFEPOSA).
• Special-jurisdiction courts:
• The Central Government designates one or more Sessions Courts as Special Courts for the trial of a crime punishable under section 4 of the PMLA (in consultation with the Chief Justice of the High Court) (s). “PMLA Court” is another name for the court.
• Any appeal against a PMLA court order can be lodged directly with the jurisdiction’s High Court.
• Source – The Hindu – 07/12/21 – Page Number 4

7 – WHAT ARE PR BONDS:

Prelims Specific Topic

• The term “no cost bail” refers to a Personal Recognizance (PR) bond, which is also known as an Own Recognizance (OR) bond.
• With this type of bond, a person is freed from custody without having to post bail.
• They must, however, appear in court as scheduled and sign a release form expressing this assurance in writing.
• The individual is then released from custody on the condition that they appear in court and follow any court-imposed conditions of release.
• Source – The Hindu – 07/12/21 – Page Number 8

8 – ABOUT THE PHYSELLA ACUTA SNAIL:

Prelims Specific Topic

• Physella acuta is a small, air-breathing freshwater snail that relates to the Physidae family of aquatic gastropod mollusks. It is left-handed or sinistral.
• This snail is also known as the European physa, tadpole snail, bladder snail, and acute bladder snail.
• Physa acuta, Physa heterostropha, and Physa integra are various names for Physella acuta.
• Source – The Hindu – 07/12/21 – Page Number 5