EDITORIALS & ARTICLES
22nd June 2021
Narcotics Drugs & Psychotropic Substances Act
Recently, the Tripura High Court has highlighted that an oversight in drafting the 2014 amendments to the Narcotics Drugs and Psychotropic Substances Act, 1985 had unintentionally rendered a key provision of the Act i.e. Section 27A.
Section 27A of NDPS Act
- It prescribes the punishment for financing illicit traffic and harbouring offenders.
- It says that whoever indulges in financing, directly or indirectly, any of the activities or harbours any person engaged in any of the aforementioned activities, shall be punishable with rigorous imprisonment.
- The punishment shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees.
- It also provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.
Narcotics Drugs and Psychotropic Substances Act, 1985
- It is the principal legislation through which the state regulates the operations of narcotic drugs and psychotropic substances.
- It provides a stringent framework for punishing offences related illicit traffic in narcotic drugs and psychotropic substances through imprisonments and forfeiture of property.
Reasons for inoperability of Section 27A of NDPS Act
- The text of the provision says that offences mentioned under Section 2(viiia) sub-clauses i-v are punishable through Section 27A.
- The Section 2 (viiia) sub-clauses i-v, which is supposed to be the catalog of offences, does not exist after the 2014 amendment.
- If Section 27A penalises a blank list or a non-existent provision, it can be argued that it is virtually inoperable.
- The drafters missed amending the enabling provision in Section 27A to change Section 2(viii)a to Section 2(viii)b.
Key Highlights of 2014 Amendment to NDPS Act
- The amendment to NDPS Act was aimed at allowing for better medical access to narcotic drugs.
- The amendment essentially removed state-barriers in transporting, licensing drugs classified as “essential narcotic drugs”, and made it centralised.
- The amendment introduced a provision in Section 2 that defines essential narcotic drugs.
- It also provided a provision in Section 9 allowing the manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption and use of essential narcotic drugs.
- The amendment to add the definition of essential narcotic drugs re-lettered the old Section 2(viii)a that was the catalog of offences as Section 2(viii)b, and under the Section 2(viii)a, defined essential narcotic drugs.
Judicial viewpoint on Section 27A of NDPS Act
- The Law Ministry had argued that the court must overlook the omission and read the legislation as a whole.
- The criminal laws cannot be amended retrospectively because of the Article 20 of the Constitution of India.
- Article 20(1) says that no person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.
Delimitation in Jammu and Kashmir
Recently, the Union government’s invitation to 14 key political leaders from Jammu and Kashmir has led to speculation about possible scheduling of the Assembly elections.
- In 2020, the Prime Minister Shri Narendra Modi had said elections would be held in J&K after the delimitation process in the Union Territory was over.
Delimitation of Constituencies
- It is the act of redrawing boundaries of Lok Sabha and Assembly constituencies to represent changes in population and is done on the basis of the preceding Census.
- The delimitation in 2002, in which only boundaries of constituencies were readjusted, was completed in all states, except Arunachal Pradesh, Assam, Manipur and Nagaland.
- The objective is to provide equal representation for equal population segments, and a fair division of geographical areas, so that no political party has an advantage.
- The Delimitation Commission’s orders cannot be questioned before any court.
- There was no delimitation after the 1981 and 1991 Censuses.
- The reason was that there was a fallout of the provision that the ratio between the number of Lok Sabha seats in a state and the population of the state is same for all states.
- The objective is to redraw boundaries (based on the data of the last Census) in a way so that the population of all seats be the same throughout the State.
Delimitation of Jammu & Kashmir
- The delimitation exercises in J&K in the past have been slightly different from those in the rest of the country because of the region’s special status.
- The delimitation of Lok Sabha seats in J&K was governed by the Constitution of India.
- The delimitation of the state’s Assembly seats was governed by the Jammu and Kashmir Constitution and Jammu and Kashmir Representation of the People Act, 1957.
- The assembly seats in J&K were delimited in 1963, 1973 and 1995.
- The last exercise was conducted by the Justice (retired) K. K. Gupta Commission when the state was under President’s Rule and was based on the 1981 census.
- There was no census in the state in 1991 and no Delimitation Commission was set up by the state government after the 2001 census as the J&K Assembly passed a law putting a freeze on the fresh delimitation of seats until 2026.
Nipah Virus (NiV)
Recently, a cross-sectional survey by ICMR- National Institute of Virology has picked up samples with the presence of antibodies against the Nipah virus in some bat species from a cave in Mahabaleshwar.
- India has experienced four episodes of NiV outbreaks with CFR ranging from 65% to 100%.
- The first evidence of NiV infection was reported in Siliguri district, West Bengal in 2001, followed by Nadia district in West Bengal in 2007.
- The presence of NiV antibodies were detected in Mynaguri and Dubri district of Assam and Cooch Behar of West Bengal.
- A third outbreak occurred in Kozhikode district of Kerala state in 2018 with 18 case fatalities, followed by another outbreak in the same state in 2019.
Key Highlights
- The new study focussed on detection of possible Nipah virus infection in Rousettus leschenaultii and Pipistrellus pipistrellus bats in Maharashtra.
- Blood, throat and rectal swab samples were collected onsite from anaesthetised bats and the throat and rectal swab specimens were collected from all the bats.
- The RNA was extracted from samples and Anti-NiV IgG antibodies were detected in a number of the samples.
- The cross-sectional survey was initiated to study the prevalence of NiV in bats of India by random sampling of P medius, R leschenaultii and P pipistrellus bats that have wide prevalence in India.
- The exposure of R leschenaultii bats to NiV warrants further investigation as roosting and breeding habitats of the Rousettus and Pteropus vary greatly.
- The NiV detection in P pipistrellus bats, an insectivorous species, and their role in virus spill-over to humans appears remote.
Nipah Virus
- The Pteropus medius bats, which are large fruit-eating bats, are the incriminated reservoir for NiV in India.
- It is a zoonotic virus which implies that it can spread between animals and people.
- The NiV is a member of the family Paramyxoviridae, genus Henipavirus.
- It is on the top-10 priority list pathogens identified by the World Health Organization.
- The infection with NiV is associated with encephalitis (swelling of the brain) and can cause mild to severe illness and even death.
- It was first discovered in 1999 following an outbreak of disease in pigs and people in Malaysia and Singapore.
Transmission of Nipah Virus
- The Nipah virus (NiV) can spread to people from:
- Direct contact with infected animals, such as bats or pigs, or their body fluids (such as blood, urine or saliva);
- Consuming food products that have been contaminated by body fluids of infected animals (such as palm sap or fruit contaminated by an infected bat); and
- Close contact with a person infected with NiV or their body fluids (including nasal or respiratory droplets, urine, or blood)
- The person-to-person spread of NiV is regularly reported in Bangladesh and India which is most commonly seen in the families and caregivers of NiV-infected patients, and in healthcare settings.
Diagnosis of Nipah Virus
- The laboratory testing can be conducted using real time polymerase chain reaction (RT-PCR) from throat and nasal swabs, cerebrospinal fluid, urine, and blood.
- The testing for antibodies is conducted using an enzyme-linked immunosorbent assay (ELISA).
Black Softshell Turtle
Recently, the Assam forest department and NGOs have been prompted to adopt a vision document to raise at least 1,000 black softshell turtles by 2030.
Black Softshell Turtle
- It is a rare freshwater turtle with Nilssonia nigricans as its scientific name.
- It is native to Bangladesh and India.
- It is listed as Critically Endangered under the IUCN Red List of Threatened Species.
- A few small remnant populations have been discovered inhabiting the Brahmaputra River basin of Northeast India.
- The majority of this species’ population resides amongst sacred temple ponds in its two native countries.
- In India, the population at the Nagsankar Temple is considered the country’s largest.
- It does not enjoy legal protection under the Indian Wildlife (Protection) Act, 1972.
- The hunting for meat and illegal trade are some of the reasons which pushed its population towards 'extinction in the wild' status.
NISHTHA Capacity Building Programme for EMRS Teachers and Principals
Recently, the Ministry of Tribal Affairs and NCERT came together on a joint mission for NISHTHA Capacity Building Programme for EMRS Teachers and Principals.
Key Highlights
- The capacity building program is aimed to build competencies among teachers and school principals and Improving Quality of School Education through Integrated Teacher Training.
- The participants were capacitated on 18 holistic and comprehensive modules covering different aspects of education.
- The Ministry is devising a plan to build a pool of Key Resource Persons from amongst all the batches of NISHTHA programs to be conducted in the coming months.
- The "Unbox Tinkering - ATL Teacher Training Program" was also organized in coordination with Atal Innovation Mission, NITI Aayog, IBM and Learning Links foundation.
NISHTHA Programme
- It is a National Initiative for School Heads' and Teachers' Holistic Advancement.
- It was launched by the Department of School Education and Literacy.
- It is a National Mission which aims to improve learning outcomes at the elementary level through an Integrated Teacher Training Programme.
- It is developed under the Centrally Sponsored Scheme of Samagra Shiksha in 2019-20.
- It aims to build competencies among all the teachers and school principals at the elementary stage.
- Its basic objective is to motivate and equip teachers to encourage and foster critical thinking in students.
Eklavya Model Residential Schools (EMRSs)
- It was started in 1997 to impart quality education to ST children in remote areas.
- It will enable ST children to avail of opportunities in high and professional educational courses and get employment in various sectors.
- Each school has a capacity of 480 students, catering to students from Class VI to XII.
- The grants were given for construction of schools and recurring expenses to the State Governments under Grants under Article 275 (1) of the Constitution.
- By 2022, every block with more than 50% ST population and at least 20,000 tribal persons, will have an EMRS.
- It will be on par with Navodaya Vidyalaya and will have special facilities for preserving local art and culture besides providing training in sports and skill development.
National Council of Educational Research and Training (NCERT)
- It is an autonomous organisation set up in 1961 by the Government of India.
- It aims to assist and advise the Central and State Governments on policies and programmes for qualitative improvement in school education.
- The major objectives of NCERT and its constituent units are to:
- Undertake, promote and coordinate research in areas related to school education;
- Prepare and publish model textbooks, supplementary material, newsletters, journals and develops educational kits, multimedia digital materials, etc.;
- Organise pre-service and in-service training of teachers; develop and disseminate innovative educational techniques and practices;
- Collaborate and network with state educational departments, universities, NGOs and other educational institutions;
- Act as a clearing house for ideas and information in matters related to school education; and
- Act as a nodal agency for achieving the goals of Universalization of Elementary Education.
Changes to the Consumer Protection (E-commerce) Rules, 2020
Recently, the Department of Consumer Affairs, Government of India has sought comments /suggestions on proposed amendments the Consumer Protection (E-Commerce) Rules, 2020.
Need for changes in E-commerce rules
- It is required to curb e-commerce entities’ dominant position in the market.
- There was increased incidence of the ban on misleading users by manipulating search results.
- The government also seeks to ban ‘flash sales’ on e-commerce platforms if such sales are organised by fraudulently intercepting the ordinary course of business using technological means.
- It is required to purify e-commerce landscape of the country which has been greatly vitiated by various e-commerce global companies.
Proposed amendments to Consumer Protection (E-commerce) Rules, 2020
- It proposed that every e-commerce entity which intends to operate in India must register itself with the Department for Promotion of Industry and Internal Trade (DPIIT).
- The new draft proposed the appointment of chief compliance officer and resident grievance officer.
- The e-commerce entities are also required to provide information not later than 72 hours of the receipt of an order from a government agency for prevention, detection and investigation and prosecution of offences under any law.
- The government has proposed a ban on ‘mis-selling’ of goods and services offered on such platforms.
- The proposed amendment defines ‘flash sale’ as that organised by an e-commerce entity at significantly reduced prices, high discounts or any other such promotional offers for a predetermined period of time.
- The e-commerce entities should ensure that such registration number and invoice of orders are displayed prominently to their users in a clear and accessible manner on their platform.
- The E-commerce entities offering imported goods/services will also have to mention the name and details of the importers and the country of origin.
Present position of e-commerce entities in India
- The e-commerce entities are registered under the Companies Act, Indian Partnership Act or Limited Liability Partnership Act and not separately with DPIIT.
- An e-commerce entity means any person who owns, operates or manages digital or electronic facility or platform for electronic commerce, but does not include a seller offering his goods or services for sale on a marketplace e-commerce entity.
WHO M-Yoga App
Recently, the Prime Minister of India had launched the ‘WHO M-Yoga’ App on the occasion of 7th International Day of Yoga.
- The Ministry of AYUSH and the World Health Organization (WHO) had jointly undertaken a project in 2019, focusing on mobile-Yoga.
- It envisaged the concept of the ‘Be Healthy, Be Mobile’ (BHBM) under the United Nations Sustainable Development Goals to achieve Universal Health Coverage by 2030.
- The Be Healthy, Be Mobile (BHBM) initiative is a global partnership led by WHO.
- It supports the scale up of mobile health (m-Health) technology within the scope of the National Health system to combat non-communicable diseases (NCDs).
WHO M-Yoga App
- It is a work of collaboration between the World Health Organisation (WHO) and Ministry of AYUSH.
- It can be used as a daily yoga companion for people aged 12-65 years.
- It is available in French, English and Hindi.
- It provides 10, 20 and 45 minutes of audio and video clips for learning and practising different asanas.
- The mYoga app is mainly divided into two sections i.e. a learning tab and a practice tab.
- The learning tab is meant for those users who are completely new to Yoga.
- It features a sequential set of videos that help watchers learn the various yoga asanas with proper technique.
- The practice session is aimed at users who have learned the asanas and are practising.
Significance of WHO M-Yoga App
- It will provide many videos of Yoga training and practice based on common Yoga protocol in many languages.
- It will help in spreading Yoga world over and will contribute to the efforts of ‘One World, One Health’.
- The m-Yoga project focused on four areas:
- Common Yoga Protocol for General Wellness;
- Yoga for mental health and resilience;
- Yoga for Adolescents; and
- Yoga for pre – Diabetics
International Yoga Day
- The idea of an International Yoga Day was proposed by Prime Minister Narendra Modi in 2014 in the United Nations General Assembly Meeting.
- In 2014, the United Nations proclaimed 21 June as the International Day of Yoga by resolution 69/131.
- It aims to raise awareness worldwide of the many benefits of practicing yoga.
- The theme for 2021 International Yoga Day is ‘Yoga for well-being’.
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