SC modifies order on ESZ around protected forests

The Supreme Court on Wednesday, modified its judgment to have mandatory eco-sensitive zones (ESZ) of a minimum one kilometre around protected forests, national parks and wildlife sanctuaries across the country.

Mining within the national park and wildlife sanctuary and within an area of one kilometre from the boundary of such national park and wildlife sanctuary shall not be permissible

SC said that declaring ESZs will not hamper the day-to-day activities of the citizens

Eco Sensitive Zones

• The National Wildlife Action Plan (2002-2016) of the Ministry of Environment, Forest and Climate Change (MoEFCC) stipulated that state governments should declare land falling within 10 km of the boundaries of national parks and wildlife sanctuaries as eco-fragile zones or Eco-Sensitive Zones (ESZs) under the Environmental (Protection) Act, 1986.
• While the 10-km rule is implemented as a general principle, the extent of its application can vary. Areas beyond 10 km can also be notified by the Union government as ESZs, if they hold larger ecologically important “sensitive corridors”.
• Activities Around ESZs:
  • Prohibited Activities: Commercial mining, saw mills, industries causing pollution (air, water, soil, noise etc), establishment of major hydroelectric projects (HEP), commercial use of wood.
  • Regulated Activities: Felling of trees, establishment of hotels and resorts, commercial use of natural water, erection of electrical cables, drastic change of agriculture system, e.g., adoption of heavy technology, pesticides etc, widening of roads.
  • Permitted Activities: Ongoing agricultural or horticultural practices, rainwater harvesting, organic farming, use of renewable energy sources, adoption of green technology for all activities.
• Significance of ESZs:
  • Minimise the Impact of Development Activities:
    • To minimise the impact of urbanisation and other developmental activities, the areas adjacent to protected areas have been declared as Eco-Sensitive Zones.
  • In-situ Conservation:
    • ESZs help in in-situ conservation, which deals with conservation of an endangered species in its natural habitat, for example the conservation of the One-horned Rhino of Kaziranga National Park, Assam.
  • Minimise Forest Depletion and Man-Animal Conflict:
    • Eco-Sensitive Zones minimise forest depletion and man-animal conflict.
    • The protected areas are based on the core and buffer model of management, through which local area communities are also protected and benefitted.
  • Minimise the Negative Impact on the Fragile Ecosystems:
    • The purpose of declaring eco-sensitive zones around protected areas is to create some kind of a ''Shock Absorber'' for the protected area.
    • They also act as a transition zone from areas of high protection to areas involving lesser protection.
• Challenges Associated with ESZs:
  • Climate change:
    • Climate change has generated land, water and ecological stress on the ESZs.
      • For example, frequent forest fires or the Assam floods which badly affected the Kaziranga National Park and its wildlife.
  • Encroachment of Forest Rights:
    • Sometimes, execution of The Environmental Protection Act 1986 and the Wildlife Protection Act 1972 makes the authorities ignore forest communities'' rights and impact their life and livelihood.
      • It also includes dilution of rights provided to gram sabha for developmental clearances.
      • Recognition of forest rights and gram sabha’s consent were preconditions for considering proposals under The Forest Rights Act 2006 to divert forest land for non-forestry purposes – until the MoEFCC did away with them in 2022.

HC orders ‘triple tests’ for couple facing legal hurdles to have child through surrogacy

• The Karnataka High Court has evolved “triple tests” for considering the plea of a couple to have a child through altruistic surrogacy. It has suggested these to “iron out the creases” in the Surrogacy (Regulation) Act, 2021, which prohibits men above 55 years to have a child through surrogacy.
• The Act states that “surrogate mother should be genetically related” to the couple who wants to have a child through surrogacy “defeats both altruism and logic”. “Altruistic surrogacy should mean, surrogacy by an outsider. Therefore, the provision [genetically related] runs counter to the philosophy or principle behind the enactment.
• As the various legal issues on the Act are before the Supreme Court, the High Court has evolved the triple tests — genetic test, physical test, and economic test — which the petitioner-husband has to pass to become eligible to become a father through surrogacy.

Surrogacy (Regulation) Act, 2021

• Under the Surrogacy (Regulation) Act, 2021, a woman who is a widow or a divorcee between the age of 35 to 45 years or a couple, defined as a legally married woman and man, can avail of surrogacy if they have a medical condition necessitating this option.
• It also bans commercial surrogacy, which is punishable with a jail term of 10 years and a fine of up to Rs 10 lakhs.
• The law allows only altruistic surrogacy where no money exchanges hands and where a surrogate mother is genetically related to those seeking a child.
• Challenges:
  • Exploitation of the Surrogate and the Child:
    • One could argue that the state must stop the exploitation of poor women under surrogacy and protect the child’s right to be born. However, the current Act fails to balance these two interests.
  • Reinforces Patriarchal Norms:
    • The Act reinforces traditional patriarchal norms of our society that attributes no economic value to women’s work and, directly affecting the fundamental rights of the women to reproduce under Article 21 of the constitution.
  • Denies Legitimate income to Surrogates:
    • Banning commercial surrogacy also denies a legitimate source of income of the surrogates, further limiting the number of women willingly to surrogate.
    • Overall, this step indirectly denies children to the couples choosing to embrace parenthood.
  • Emotional Complications:
    • In altruistic surrogacy, a friend or relative as a surrogate mother may lead to emotional complications not only for the intending parents but also for the surrogate child as there is great deal of risking the relationship in the course of surrogacy period and post birth.
    • Altruistic surrogacy also limits the option of the intending couple in choosing a surrogate mother as very limited relatives will be ready to undergo the process.
  • No Third-Party Involvement:
    • In an altruistic surrogacy, there is no third-party involvement.
    • A third-party involvement ensures that the intended couple will bear and support the medical and other miscellaneous expenses during the surrogacy process.
    • Overall, a third party helps both the intended couple and the surrogate mother navigate through the complex process, which may not be possible in the case of altruistic surrogacy.

Surrogacy

• Surrogacy is an arrangement in which a woman (the surrogate) agrees to carry and give birth to a child on behalf of another person or couple (the intended parent/s).
• A surrogate, sometimes also called a gestational carrier, is a woman who conceives, carries and gives birth to a child for another person or couple (intended parent/s).
• Altruistic surrogacy:
  • It involves no monetary compensation to the surrogate mother other than the medical expenses and insurance coverage during the pregnancy.
• Commercial surrogacy:
  • It includes surrogacy or its related procedures undertaken for a monetary benefit or reward (in cash or kind) exceeding the basic medical expenses and insurance coverage.

Assisted Reproductive Technology

• ART is used to treat infertility. It includes fertility treatments that handle both a woman''s egg and a man''s sperm. It works by removing eggs from a woman''s body and mixing them with sperm to make embryos. The embryos are then put back in the woman''s body.
• In Vitro fertilization (IVF) is the most common and effective type of ART.
• ART procedures sometimes use donor eggs, donor sperm, or previously frozen embryos. It may also involve a surrogate carrier.
• Legal Provisions:
  • The ART (Assisted Reproductive Technology Act) Regulation 2021 provides a system for the implementation of the law on surrogacy by setting up of the National Assisted Reproductive Technology and Surrogacy Board.
  • The Act aims at the regulation and supervision of ART clinics and assisted reproductive technology banks, prevention of misuse, and safe and ethical practice of ART services.

Mahanadi row: experts question timing of Chhattisgarh’s release of water into river

A controversy has erupted over Chhattisgarh’s release of Mahanadi water into the lower catchment area of the river system.

Odisha has long been objecting to Chhattisgarh’s management of Mahanadi river water in the upper catchment area. During the past couple of decades, Chhattisgarh has built several barrages restricting flow of water in the lower catchment (Odisha).

The non-availability of water in Mahanadi during non-monsoon season has affected rabi crops and reduced drinking water availability.

According to Article 262, in case of disputes relating to waters:

• Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, or in, any inter-State river or river valley.
• Parliament may, by law provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint as mentioned above.

Mechanism

• The resolution of water dispute is governed by the Inter-State River Water Disputes Act, 1956.
  • According to its provisions, if a State Government makes a request regarding any water dispute and the Central Government is of opinion that the water dispute cannot be settled by negotiations, then a Water Disputes Tribunal is constituted for the adjudication of the water dispute.
• The act was amended in 2002, to include the major recommendations of the Sarkaria Commission.
  • The amendments mandated a one year time frame to setup the water disputes tribunal and also a 3 year time frame to give a decision.

Active River Water Dispute Tribunals in India

• Krishna Water Disputes Tribunal II (2004) – Karnataka, Telangana, Andra Pradesh, Maharashtra
• Mahanadi Water Disputes Tribunal (2018) – Odisha & Chattisgarh
• Mahadayi Water Disputes Tribunal (2010) – Goa,Karnataka, Maharashtra
• Ravi & Beas Water Tribunal (1986) – Punjab, Haryana, Rajasthan
• Vansadhara Water Disputes Tribunal (2010) – Andra Pradesh & Odisha.

Issues

• Protracted proceedings and extreme delays in dispute resolution.
  • For example, in the case of Godavari water dispute, the request was made in 1962, but the tribunal was constituted in 1968 and the award was given in 1979 which was published in the Gazette in 1980.
  • The Cauvery Water Disputes Tribunal, constituted in 1990, gave its final award in 2007.
• Opacity in the institutional framework and guidelines that define these proceedings; and ensuring compliance.
• Though award is final and beyond the jurisdiction of Courts, either States can approach Supreme Court under Article 136 (Special Leave Petition) under Article 32 linking issue with the violation of Article 21 (Right to Life).
• The composition of the tribunal is not multidisciplinary and it consists of persons only from the judiciary.
• The absence of authoritative water data that is acceptable to all parties currently makes it difficult to even set up a baseline for adjudication.
• The shift in tribunals'' approach, from deliberative to adversarial, aids extended litigation and politicisation of water-sharing disputes.
• The growing nexus between water and politics have transformed the disputes into turfs of vote bank politics.
  • This politicisation has also led to increasing defiance by states, extended litigations and subversion of resolution mechanisms.
  • For example, the Punjab government played truant in the case of the Ravi-Beas tribunal.
• Too much discretion at too many stages of the process.
  • Partly because of procedural complexities involving multiple stakeholders across governments and agencies.
  • India’s complicated federal polity and its colonial legacy.

The Inter-State River Water Disputes (Amendment) Bill, 2017

• In order to further streamline the adjudication of inter-State river water disputes, the Inter-State River Water Disputes (Amendment) Bill, 2017 was introduced in Lok Sabha in March 2017 by amending the existing ISRWD Act, 1956.
• The Bill envisages to constitute a standalone Tribunal with permanent establishment and permanent office space and infrastructure so as to obviate the need to set up a separate Tribunal for each water dispute which is invariably a time consuming process.
• In the proposed Bill, there is a provision for establishment of a Dispute Resolution Committee (DRC) by the Central Government for resolving amicably, the inter-State water disputes within a maximum period of one year and six months.
• Any dispute, which cannot be settled by negotiations shall be referred to the Tribunal for its adjudication.
• The dispute so referred to the Tribunal shall be assigned by the Chairperson of the Tribunal to a Bench of the Tribunal for adjudication.
• Under the Bill, the requirement of publication of the final decision of tribunal in the official gazette has been removed.
• The Bill adds that the decision of the bench of the tribunal will be final and binding on the parties involved in the dispute
• The Bill also calls for the transparent data collection system at the national level for each river basin and a single agency to maintain data bank and information system.
• The proposed amendments in the Bill will speed up the adjudication of water disputes referred to it.
• The Bill was referred to Parliamentary Standing Committee on Water Resources for examination.
• The Standing Committee has submitted its recommendation on the Bill, accordingly, the Ministry has prepared draft Cabinet Note for Official Amendments to Inter-State River Water Disputes (Amendment) Bill, 2017.

Mahanadi River

• The Mahanadi River system is the third largest of peninsular India after Godavari and Krishna, and the largest river of Odisha state.
• The catchment area of the river extends to Chhattisgarh, Madhya Pradesh, Odisha, Jharkhand and Maharashtra.
• Its basin is bounded by the Central India hills on the north, by the Eastern Ghats on the south and east and by the Maikala range in the west.
• Source:
  • It rises from a place near Sihawa, near Raipur in the state of Chhattisgarh to the south of Amarkantak.
• Major Tributaries:
  • The Seonath, the Hasdeo, the Mand and the Ib joins Mahanadi from left whereas the Ong, the Tel and the Jonk joins it from right.
• Mahanadi River Dispute:
  • The Central Government constituted Mahanadi Water Disputes Tribunal in 2018.
• Major Dams/Projects on Mahanadi:
  • Hirakud Dam: This is the longest dam of India.
  • Ravishankar Sagar, Dudhawa Reservoir, Sondur Reservoir, Hasdeo Bango and Tandula are other major projects.
• Urban Centres :
  • Three important urban centres in the basin are Raipur, Durg and Cuttack.
• Industries:
  • Mahanadi basin, because of its rich mineral resource and adequate power resource, has a favourable industrial climate.
    • Iron and Steel plant at Bhilai
    • Aluminium factories at Hirakud and Korba
    • Paper mill near Cuttack
    • Cement factory at Sundargarh.
  • Other industries based primarily on agricultural produce are sugar and textile mills.
  • Mining of coal, iron and manganese are other industrial activities.

Nobel Prize of Asia

• The Dalai Lama receives the 1959 Ramon Magsaysay Award in person from members of the Ramon Magsaysay Award Foundation at his residence in Dharamsala
• The award was the first international recognition given to the spiritual leader for his exceptional leadership of the Tibetan community’s courageous fight in safeguarding their sacred religion, which serves as the foundation of their culture and way of life.

Ramon Magsaysay Award

• The Ramon Magsaysay Award is an annual award that recognizes individuals and organizations in Asia who demonstrate exceptional courage, integrity, and service to their communities.

• Established in 1957, the award was named after the late Philippine President Ramon Magsaysay, who was known for his honest leadership and dedication to public service. The award is often referred to as the “Nobel Prize of Asia” and is administered by the Ramon Magsaysay Award Foundation, based in Manila, Philippines.

• The award is given in six categories, namely government service, public service, community leadership, journalism, creative arts, and peace and international understanding. Recipients of the award receive a certificate, a medal, and a cash prize.

  Name	Year of Award	Category
  Vinoba Bhave	1958	Community Leadership
  Jayaprakash Narayan	1965	Public Service
  Mother Teresa	1962	Peace and International Understanding
  Satyajit Ray	1992	Journalism, Literature, and Creative Communication Arts
  M.S. Swaminathan	1986	Public Service
  Arvind Kejriwal	2006	Emergent Leadership
  Shanta Sinha	2003	Community Leadership
  Rajendra Singh	2001	Community Leadership
  Kulandei Francis	2012	Community Leadership
  Bezwada Wilson	2016	Emergent Leadership
  Ravish Kumar	2019	Journalism, Literature, and Creative Communication Arts.

India calls UN system ‘anachronistic’

In a speech at the UNSC this week, the Indian Permanent Representative called the UN Charter “anachronistic”, adding that it has failed in handling the COVID-19 pandemic, the Ukraine war, terrorism and climate change.

India also called for expanding the Security Council’s permanent membership and hit out at the “veto power” given to the “P-5” of the U.S., the U.K., France, Russia and China.

This is the first time India has specifically criticised giving the veto to the P-5, clarifying its stand that in any expansion of the Security Council, the veto must be given to all members, or none.

UNSC:

• The Security Council was established by the UN Charter in 1945. It is one of the six principal organs of the United Nations.
  • The other 5 organs of the United Nations are—the General Assembly (UNGA), the Trusteeship Council, the Economic and Social Council, the International Court of Justice, and the Secretariat.
• Its primary responsibility is to work to maintain international peace and security.
• The council is headquartered at NewYork.
• Members:
  • The council has 15 members: the five permanent members and ten non-permanent members elected for two-year terms.
    • The five permanent members are the United States, the Russian Federation, France, China and the United Kingdom.
    • India, for the eighth time, has entered the UNSC as a non-permanent member last year (2021) and will stay on the council for two years i.e 2021-22.
  • Each year, the General Assembly elects five non-permanent members (out of ten in total) for a two-year term. The ten non-permanent seats are distributed on a regional basis.
  • The council''s presidency is a capacity that rotates every month among its 15 members.
• Voting Powers:
  • Each member of the Security Council has one vote. Decisions of the Security Council on matters are made by an affirmative vote of nine members including the concurring votes of the permanent members. A "No" vote from one of the five permanent members blocks the passage of the resolution.
  • Any member of the United Nations which is not a member of the Security Council may participate, without vote, in the discussion of any question brought before the Security Council whenever the latter considers that the interests of that member are specially affected.
• India in the UNSC:
  • India took active part in the formulation of the Universal Declaration of Human Rights (UDHR) in 1947-48 and raised its voice passionately against racial discrimination in South Africa.
  • India has played its part in formulating decisions on several issues such as admitting former colonies to the UN, addressing deadly conflicts in the Middle East and maintaining peace in Africa.
  • It has contributed extensively to the UN, particularly for the maintenance of international peace and security.
    • India has taken part in 43 Peacekeeping missions with a total contribution exceeding 160,000 troops and a significant number of police personnel.
  • India''s population, territorial size, Gross Domestic Product (GDP), economic potential, civilisational legacy, cultural diversity, political system and past and ongoing contributions to UN activities make India’s demand for a permanent seat in the UNSC completely rational.

Centre tells States to scrap levies on power generation

• The Centre issued a terse warning to States against resorting to tax levies on electricity generation, including through imposition of a water cess, noting that there were no provisions in the Constitution that enabled States to do so.
• Any tax/duty on generation of electricity, which encompasses all types of generation... is illegal and unconstitutional,” - the Power Ministry
• Some States have imposed taxes/duties... under the guise of levying a cess on the use of water for generating electricity. However, though the State may call it a water cess, it is actually a tax on the generation of electricity - the tax is to be collected from the consumers of electricity who may happen to be residents in other States

What does the constitution say?

• Entry-53 of List-II (State List) authorizes states to put taxes on consumption or sale of electricity in its jurisdiction. This does not include the power to impose any tax or duty on the generation of electricity.
• Article 286 of the constitution explicitly prohibits states from imposing any taxes or duties on supply of goods or services or on both where the supply takes place outside the state.
• Articles 287 and 288 prohibit the imposition of taxes on consumption or sale of electricity consumed by the central government or sold to the central government for consumption by the government or its agencies.
• Any imposition of tax on the non-consumptive use of water of these rivers for electricity generation is in violation of provisions of the Constitution