EDITORIALS & ARTICLES
28th June 2021
Challenging Gujarat Prohibition Act
Recently, the Gujarat Prohibition Act, 1949 is being challenged before the Gujarat High Court, more than seven decades after it came into effect as the Bombay Prohibition Act.
Gujarat Prohibition Act, 1949
Bombay Abkari Act, 1878
- The first hint at the prohibition of liquor was through the Bombay Abkari Act 1878.
- It dealt with levying of duties on intoxicants, among other things and aspects of prohibition via amendments made in 1939 and 1947.
Bombay Prohibition Act, 1949
- The government reconsidered the question of prohibition and it was decided to undertake and enforce a policy of “total prohibition” in the whole of the Province of Bombay on the basis of a four-year plan.
- It was stated that there were “many lacuna” in the Bombay Abkari Act 1878, from the point of view of the government’s decision to enforce prohibition.
- The government deemed it fit to remove the defects and bring within the orbit of the Act many offences which went unpunished under the law.
- It was considered to “overhaul the law relating to intoxicating drugs and narcotics and to embody the same into one legislative enactment,” leading to the birth of Bombay Prohibition Act, 1949.
Gujarat Prohibition Act, 1949
- Gujarat adopted the prohibition policy since 1960 and subsequently chose to enforce it with greater rigidity, but also made processes easier for foreign tourists and visitors to get liquor permits.
- In 2011, it renamed the Act as Gujarat Prohibition Act.
Issues associated with Gujarat Prohibition Act, 1949
- It highlighted that the debates were inconclusive and various members of the Constituent Assembly had taken a view that prohibition should not be there and thus the law has no constitutional prehistory to it.
- Right of privacy: It has been held as a fundamental right by the Supreme Court.
- The petitioners submit that any invasion by the state in an individual’s right to choice of food and beverage amounts to an unreasonable restriction and destroys the individual’s decisional and bodily autonomy.
- Ground of manifest arbitrariness: It highlighted while challenging sections pertaining to grant of health permits and temporary permits to out-of-state tourists on the basis that there is no intelligible differences in the classes.
- The petitioners submit that sometimes a change in the law precedes societal change and sometimes, a change in the law is the result in the social reality.
Arguments in favour of Gujarat Prohibition Act, 1949
- The law did not intend to create complete prohibition and had referred to constitutional debates emphasizing on prohibition so as to raise standards of health.
- In 2016, it was stated that the state government was committed to the ideals and principles of Mahatma Gandhi and firmly intends to eradicate the menace of drinking liquor.
- The repeal of Gujarat Prohibition law will open Pandora’s box, primarily on the ground that various research and studies have shown that alcohol tends to aggravate the sense of violence.
- It highlighted that though the petitioners say there is no harm in drinking alcohol in the privacy of their homes but most of the domestic violence crimes against women and children are committed behind closed doors.
- It is considered to be an attack on the constitutional obligation of the primary duty of the State as the guardian of the population to protect the health and lives of its people.
Constitutional provisions related to banning alcohol
- Article 47 states that it is the duty of the State to raise the level of nutrition and the standard of living of people and to improve public health.
- Article 47 also states that the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.
- Alcohol is a subject in the State List under the Seventh Schedule of the Constitution of India.
Accelerating Citizen-Centric Energy Transition
Recently, the Union Minister of State Power, New and Renewable Energy has launched “The India Story” booklet on Indian initiatives shaping energy transition.
Key Highlights
- India’s installed renewable energy capacity has increased by over two and a half times and stands at more than 141 Giga Watts (including large Hydro).
- The installed solar energy capacity has increased by over 15 times, and stands at 41.09 GW over the last 6 years.
- India’s renewable energy capacity is the 4th largest in the world with its annual renewable energy addition has been exceeding that of coal based thermal power since 2017.
- India has a very liberal foreign investment policy for renewables allowing 100% FDI through the automatic route in sector.
- India has established dedicated Project Development Cells (PDC) and Foreign Direct Investment (FDI) cells in all Ministries for handholding and facilitating domestic and foreign investors.
- A Renewable Energy Investment Promotion and Facilitation Board (REIPFB) Portal has also been developed to provide one-stop assistance and facilitation to the Industry and Investors for development of projects and bringing new investment.
Energy Transition Initiatives in India
Electrification
- Deen Dayal Upadhyaya Gram Jyoti Yojana (DDUGJY): It aims to achieve universal village electrification and provide continuous power supply to rural India.
- It was implemented by the Ministry of Power through the Rural Electrification Corporation (nodal agency) and the power distribution companies.
- Pradhan Mantri Sahaj Bijli Har Ghar Yojana (SAUBHAGYA): It was launched in 2017 to provide universal electricity access to all homes by 31 March 2019.
- It envisions an overhaul of the power sector value chain i.e. covering generation, transmission, distribution, and energy efficiency to provide 24x7 power to all urban and rural households.
- One Nation One Grid: It aims to synchronise large volumes of renewables-based electricity with conventional grid-based power stations.
- It is being implemented by the Power Grid Corporation of India Limited (PGCIL).
- National Smart Grid Mission (NSGM) and Smart Metering initiative: The National Smart Grid Mission (NSGM) was set up in 2015 as an institutional mechanism for accelerating smart grid deployment in India.
Renewable Energy
- National Solar Mission (NSM): In 2015, India declared a target of 100 GW installed solar energy capacity by 2022, quintupling the National Solar Mission’s (NSM) earlier target to install 20 GW solar capacity by 2022.
- Wind Energy Revolution: It estimates India’s gross wind power potential to be 695 GW at a hub height of 120 m, with about 97 per cent coming from Andhra Pradesh, Gujarat, Karnataka, Madhya Pradesh, Maharashtra, Rajasthan, Tamil Nadu, and Telangana.
- Hydro Power: India is the fifth largest hydropower producer in the world with an installed capacity of 46.2 GW as of February 2021.
- Hydropower contributes 12.2 per cent of India’s total installed electricity capacity and is classified into large and small hydro power (SHP).
- National Biofuels Policy: It is an element of the Union Government’s five-point strategy to curb India’s oil and gas imports
- SATAT: The Sustainable Alternative towards Affordable Transportation (SATAT) scheme was launched in 2018 to promote compressed biogas (CBG) as a green transport fuel.
- It aims to set up 5,000 CBG plants by 2024 to produce 15 million metric tonnes per annum (MMTPA) of CBG.
- National Hydrogen Energy Mission (NHEM): It aims to make India a global manufacturing hub for hydrogen and fuel cell technologies across the value chain.
- Production-Linked Incentive (PLI) Scheme: It will provide funding over five years to improve India’s manufacturing capabilities, attract investment in core competency areas and cutting-edge technologies.
Energy Efficiency
- Unnat Jyoti by Affordable LEDs for All (UJALA): Its objectives were to promote efficient lighting, enhance awareness of efficient, cost saving equipment; and preserve the environment.
- It implemented by Energy Efficiency Services Ltd (EESL).
- Standards and Labelling (SnL): It was launched in 2006 to inform consumers about the energy and cost savings potential of adopting energy-efficient products available in the market.
Clean Cooking
- Pradhan Mantri Ujjwala Yojana (PMUY): It was launched in 2016 as an ambitious, centrally funded welfare scheme to provide below poverty line (BPL) households with clean cooking energy.
- It is implemented by the Ministry of Petroleum and Natural Gas (MoPNG) through its Oil Marketing Companies (OMCs) IOCL, BPCL and HPCL, and their distributor network.
Sustainable Agriculture
- Pradhan Mantri Kisan Urja Suraksha evam Utthaan Mahabhiyan Yojana (PM-KUSUM): It aims to provide financial aid to solarise an additional 1.5 million grid-connected agri-pumps and help 2 million farmers install standalone solar pumps.
- It aims to add 25,750 MW solar capacity by 2022.
Industrial Decarbonization
- Perform, Achieve and Trade (PAT): It is a multi-cycle flagship programme of the Bureau of Energy Efficiency (BEE).
- It was launched in 2008 by the Government of India under the National Mission for Enhanced Energy Efficiency (NMEEE).
- It is a market-based compliance mechanism aimed at accelerating energy efficiency improvements in energy-intensive industries.
Sustainable Transport
- Faster Adoption and Manufacturing of (Hybrid &) Electric Vehicles (FAME): It aims to accelerate the electrification of vehicles and promote eco-friendly transportation.
- Indian Railways Going Green: The Indian Railways has electrified 45,881 route kilometres (RKM), equivalent to 71 per cent of the total 64,689 RKM of broad-gauge routes.
- It is set to become the first large rail network in the world to achieve 100 per cent electrification by December 2023.
Climate Smart Cities
- Smart City Mission (SCM): It aims to promote cities offering core infrastructure, a clean and sustainable environment, and a decent quality of life to their citizens through smart solutions.
City Gas Distribution
- India’s CNG and PNG network: India’s city gas distribution (CGD) network contributes to around 19 per cent of India’s total natural gas consumption.
- It supplies compressed natural gas (CNG) to public and private vehicles through retail outlets and delivers piped natural gas (PNG) to domestic consumers.
Cooling Action
- India Cooling Action Plan (ICAP): India became one of the first countries to launch a comprehensive cooling action plan in 2019.
- It aims to address sustainable cooling requirements in residential and commercial buildings, cold chains, refrigeration, transport, and industry.
Skilling
- Skill Council for Green Jobs (SCGJ): It was set up in October 2015 through a joint initiative of the National Skill Development Corporation (NSDC), the Ministry of New and Renewable Energy (MNRE), and the Confederation of Indian Industry (CII).
- It aims to identify the skilling needs of manufacturers and service providers in the green business sector.
Global Initiatives
- International Solar Alliance (ISA): It is a global treaty-based, multilateral Organisation to facilitate the deployment of 1,000 GW of solar capacity and mobilising USD 1 trillion investment in the solar energy sector by 2030.
- Clean Energy Ministerial (CEM): It is a high level global forum meant to promote policies and programmes that advance clean energy technology, share lessons learned and best practices, and encourage the transition to a global clean energy economy.
- Mission Innovation (MI): It was launched in November 2015 at the UNFCCC Conference of Parties (COP) 21 in Paris by India, France, and the United States.
- It was instituted to catalyse action and investment in research, development, and demonstration (RD&D) to make clean energy affordable and accessible for all.
Prevention of Drone Attack
Recently, the need for an anti-drone system shielding critical installations in the country came under sharp focus after drone attack on an Indian Air Force (IAF) base in Jammu which is 14 km from the international border.
Anti-Drone System
- The Israeli anti-drone SMASH 2000 Plus systems are fitted on a rifle and can target drones flying at high speeds.
- The SMASH 2000 Plus anti-drone systems can be retrofitted onto an AK-47 or any other rifle of a similar make.
- The drone detection can be RF-based or via conventional radars tuned to detect drones or via electro-optic payloads that use thermal imaging.
- The DRDO has designated Bharat Electronics as the lead agency for development and production of much needed anti-drone system for the armed forces.
- The anti-drone system, which was deployed during 2020 Republic and Independence Day, has a range of over two to three kilometres with radar capability to pick up the drone and then use frequencies to jam the unmanned aerial vehicle.
- The anti-drone system can detect drones and other small flying objects, not just during the day but also at night.
Why India needs Anti-Drone System?
- The usage of drone technology by non-state actors represents a very major jump in the way the insurgency is playing out.
- It will also entail a new manner of counter-insurgency response all across India.
- The drones represent three aspects of risk to the Indian state i.e. privacy risk (illegal surveillance), penetration risk (drones are used to gather Intel), and security risk (to attack installations, smuggle contraband).
- It is very difficult to locate small drones and the ones operating them and it is required to deploy drone-detection technology and subsequent countermeasures to tackle this threat.
- The armed forces are carrying out drills with the Israeli anti-drone SMASH 2000 Plus systems which may be procured on an immediate basis.
Challenges in deploying Anti-Drone System
- Heterogenous Sensor Fusion: The variety of protocols used for communication between sensors poses a problem during their integration into a networked system.
- Energy Efficient Sensors: Power management considerations will always be towering as the employment of such systems is going to be all-day and all-night.
- Multiple Drone Detection and Localisation: Technical challenges will be compounded when trying to detect and localize swarms wherein it will not be necessary that all the drones are having a viable RF signature.
- Identification Friend or Foe (IFF): The IFF shall always remain challenging with the use of drones for all unethical purposes by non-state actors.
Laws regulating drone movement in India
- General Rules for Flying a Drone in India
- All drones except those in the Nano category must be registered and issued a Unique Identification Number (UIN).
- A permit is required for commercial drone operations (except for those in the Nano category flown below 50 feet and those in the Micro category flown below 200 feet).
- Drone pilots must maintain a direct visual line of sight at all times while flying.
- Drones cannot be flown more than 400 feet vertically.
- Drones cannot be flown in areas specified as “No Fly Zones”.
- India’s No Permission, No Takeoff Policy
- The drone pilots are required to request permission to fly via a mobile app, which will automatically process the request and grant or reject it.
- If a drone pilot tries to fly without receiving permission from the Digital Sky Platform, he or she will simply not be able to take off.
- All drone operators will register their drone and request permission to fly for each flight through India’s Digital Sky Platform.
- Unmanned Aircraft System (UAS) Rules, 2021
- It requires all persons associated with the Drone ecosystem to undertake a registration in the capacity of an authorised UAS Importer, authorised UAS Manufacturer, authorised UAS Trader, authorised UAS Owner or authorised UAS Operator.
- To be eligible to apply for said authorizations, the applicant needs to be:
- An individual who is a citizen of India and has attained at least 18 years of age; or
- A company or a body corporate –
- Registered and having its principle place of business within India; and
- The chairman and at least two-thirds of directors of which are citizens of India; and
- The substantial ownership and effective control of which vests in Indian nationals as specified in Schedule XI of the Aircraft Rules, 1937
- A firm or an association of persons or body of individuals or a local authority or any legal entity, whether incorporated or not, which has its principal place of business in India, Central and State Government or an agency thereof.
- It provides for a new certification requirement in the form of a ‘Certificate of Manufacture and Airworthiness’ which is required to be obtained by an authorised UAS Manufacturer / UAS Importer.
- It does not permit any UAS to be used, operated, or transferred in India unless it has been registered with the DGCA and has a certificate of conformance.
- The authorised UAS Operators will be permitted to operate UAS, except Nano category UAS, only upon obtaining a UAS Operator Permit (“UAOP”) from the DGCA.
Attorney General of India
The central government has extended the term of K.K. Venugopal as Attorney General (AG) for one more year.
- This is the second time the Centre has extended his tenure. Venugopal received his first extension of term in 2020.
- Venugopal was appointed the 15th AG of India in 2017. He succeeded Mukul Rohatgi who was AG from 2014-2017.
- He would be in command of the government’s legal defence in several sensitive cases pending in the Supreme Court, which includes the challenge to the abrogation of Article 370 of the Constitution and the Citizenship Amendment Act.
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- The Attorney General (AG) of India is a part of the Union Executive. AG is the highest law officer in the country.
- Article 76 of the Constitution provides for the office of AG of India.
- Appointment and Eligibility:
- AG is appointed by the President on the advice of the government.
- S/he must be a person who is qualified to be appointed a judge of the Supreme Court, i.e. s/he must be a citizen of India and must have been a judge of some high court for five years or an advocate of some high court for ten years or an eminent jurist, in the opinion of the President.
- Term of the Office: Not fixed by the Constitution.
- Removal: Procedures and grounds for the removal of AG are not stated in the Constitution. S/he holds office during the pleasure of the President (may be removed by the President at any time).
- Duties and Functions:
- To give advice to the Government of India (GoI) upon such legal matters, which are referred to her/him by the President.
- To perform such other duties of a legal character that are assigned to her/him by the President.
- To appear on behalf of the GoI in all cases in the Supreme Court or in any case in any High Court in which the GoI is concerned.
- To represent the GoI in any reference made by the President to the Supreme Court under Article 143 (Power of the President to consult the Supreme Court) of the Constitution.
- To discharge the functions conferred on her/him by the Constitution or any other law.
- Rights and Limitations:
- S/he has the right to speak and to take part in the proceedings of both the Houses of Parliament or their joint sitting and any committee of the Parliament of which s/he may be named a member, but without a right to vote.
- S/he enjoys all the privileges and immunities that are available to a member of Parliament.
- S/he does not fall in the category of government servants. S/he is not debarred from private legal practice.
- However, s/he should not advise or hold a brief against the GoI.
- Solicitor General of India and Additional Solicitor General of India assist the AG in fulfillment of the official responsibilities.
- Corresponding Office in the States: Advocate General (Article 165).
FATF Retains Pakistan on Grey List
The Financial Action Task Force (FATF) decided to retain Pakistan on “increased monitoring list’.
- “Increased monitoring list” is another name for the Grey List.
- The FATF had issued the 27-point action plan after placing Pakistan on the ‘Grey List’ in June 2018. The action plan pertains to curbing money laundering and terror financing.
- During the October-2020 Plenary, due to the Covid-19 pandemic, Pakistan was given an extension for full compliance with the 27-point action plan till February 2021.
- It had then not fully complied with 6 of the 27 directives.
- In February 2021, FATF acknowledged Pakistan’s significant progress in combating terrorism, however it was still to fully comply with three of the 27-point action plan.
- The three points pertained to effective steps in terms of financial sanctions and penalties against the terror funding infrastructure and the entities involved.
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- The FATF said Pakistan had failed to take appropriate action against UN-designated terrorists such as 26/11 accused Hafiz Saeed and JeM chief Masood Azhar. However, Pakistan has completed 26 of the 27 action items.
- The FATF encourages Pakistan to continue to make progress to address as soon as possible the one remaining Countering Finance of Terrorism (CFT)-related item by demonstrating that Terror Financing investigations and prosecutions target senior leaders and commanders of UN-designated terrorist groups.
- In addition, the FATF has handed down another 6-point list of tasks mainly on money laundering actions to be completed as well.
- Pakistan is expected to amend its Money-Laundering Act, crackdown on Designated Non-Financial Businesses and Professions (DNFBPs) like real estate agencies and gemstone traders, confiscate and freeze assets of money laundering entities and monitor businesses for proliferation financing, with sanctions for non-compliance.
- Significance:
- In Pakistan's case, the FATF has taken cognisance of the inaction against several banned organisations involved in raising funds for terror activities and those linked to global terrorists like Jaish-e-Mohammed chief Masood Azhar and Lashkar-e-Taiba’s Hafiz Saeed and its operations chief Zaki-Ur Rahman Lakhvi.
- On several occasions, India has also raised the involvement of elements within Pakistan in a number of terror cases, including the 26/11 Mumbai and Pulwama attacks.
- Perpetual containment of Pakistan on the grey list of FATF would further pressurise Pakistan to take adequate measures to prevent such terrorist attacks on India from its soil.
- Unlike the next level “blacklist”, greylisting carries no legal sanctions, but it attracts economic strictures and restricts a country’s access to international loans.
- Pakistan’s Foreign Minister had estimated a loss of $10 billion annually to the Pakistani economy for every year Pakistan has been on the greylist.
Financial Action Task Force
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- It is an inter-governmental body established in 1989 during the G7 Summit in Paris.
- The FATF assesses the strength of a country’s anti-money laundering and anti-terror financing frameworks, however it does not go by individual cases.
- Objectives:
- To set standards and promote effective implementation of legal, regulatory and operational measures for combating money laundering, terrorist financing and other related threats to the integrity of the international financial system.
- Headquarters:
- Its Secretariat is located at the Organisation for Economic Cooperation and Development (OECD) headquarters in Paris.
- Member Countries:
- The FATF currently has 39 members including two regional organisations — the European Commission and Gulf Cooperation Council. India is a member of the FATF.
- Lists under FATF:
- Grey List:
- Countries that are considered safe haven for supporting terror funding and money laundering are put in the FATF grey list.
- This inclusion serves as a warning to the country that it may enter the blacklist.
- Black List:
- Countries known as Non-Cooperative Countries or Territories (NCCTs) are put in the blacklist.
- These countries support terror funding and money laundering activities.
- The FATF revises the blacklist regularly, adding or deleting entries.
- Sessions: The FATF Plenary is the decision making body of the FATF. It meets three times per year.
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