Get.Set.Law Monthly Magazine January 2024 PDF

Get.Set.Law Monthly Magazine January 2024 CURRENT AFFAIRS NEWS 1. Cancellation of Registration under FCRA The cancellation of Foreign Contribution Regulation Act, 2010 (FCRA) registrations for the Centre for Policy Research (CPR) and World Vision India (WVI) by the Ministry of Home Affairs...

Get.Set.Law Monthly Magazine January 2024 CURRENT AFFAIRS NEWS 1. Cancellation of Registration under FCRA The cancellation of Foreign Contribution Regulation Act, 2010 (FCRA) registrations for the Centre for Policy Research (CPR) and World Vision India (WVI) by the Ministry of Home Affairs (MHA) has triggered discussions on foreign contribution regulations in India. The MHA accused CPR of redirecting foreign donations to support protests and legal challenges against development projects, alleging misuse of funds and FCRA violations. WVI, which received the highest foreign donations among NGOs registered since 1986, had its registration revoked for alleged FCRA violations spanning 2012-13 to 2020-21. The FCRA, enacted in 1976, aims to regulate foreign donations to protect internal security and align with democratic principles. Amendments in 2010 and 2020 refined regulations, including Aadhaar requirements and a complete ban on domestic transfer of foreign funds. FCRA-registered NGOs are monitored by the Ministry of Home Affairs (led by Amit Shah as the Minister of Home Affairs), with recent amendments mandating disclosure of assets created using foreign funds. In India, NGOs can register as trusts, societies, or Section 8 companies under the Companies Act, 2013. The NGO- DARPAN platform fosters collaboration between NGOs and government bodies, promoting transparency and accountability. 3  2. Wild Life (Protection) Licensing (Addi- tional Matters for Consideration) Rules, 2024 The central government recently introduced the Wild Life (Protection) Licensing (Additional Matters for Consideration) Rules, 2024, amending the wildlife trade rules of 1983. These changes, effective from January 16, 2024, mark the first revision since 1983. Notable alterations include the retention of restrictions on Schedule I species, like tigers and elephants, with the provision for consultation. However, licensing restrictions for Schedule II species, which cover endangered mammals, birds, turtles, geckos, and snakes, have been removed without clear justification. The new rules outline factors for licensing consideration, including the applicant's capacity, source of supplies, existing licenses, and implications on wildlife. Concerns arose regarding the exclusion of Schedule II species, questioning if it aligns with the 2022 rationalization of schedules based on endangerment levels. The status of wildlife trade in India, with its rich biodiversity, highlights global demands, and India's position among the top countries for wildlife trafficking. The Wildlife (Protection) Act, 1972, provides a legal framework for species protection, habitat management, and trade regulation, with recent amendments reducing schedules to four and emphasizing protection levels. 4 3. Construction of the Ram Temple On January 22, 2024, the inauguration of the Ram temple in Ayodhya marked the culmination of a 200-year-old saga, profoundly impacting India's socio-political landscape. The temple, designed in the Nagara Style of Temple Architecture, spans 71 acres, showcasing traditional craftsmanship with pink sandstone. The timeline of the Ram Janmabhoomi Movement traces back to 1751, gaining momentum in the 19th century with tensions leading to the violent clash near the Babri Masjid in 1855. Legal battles ensued, culminating in the 1992 demolition of the Babri Masjid and subsequent legal proceedings. The Allahabad High Court verdict in 2010 divided the land, and in 2019, the Supreme Court awarded the disputed land for the Ram temple and allocated land for a mosque. The temple's uniqueness lies in its traditional construction, innovative anointment tradition, and sculptor's contribution. The Nagara Style of Temple Architecture, emerging in the 5th century CE, features towering shikharas and various modes like Valabhi, Phamsana, Latina, Shekhari, and Bhumija. The popularity of Shri Ram and the Ramayana outside India can be attributed to trade routes, cultural exchanges, and transmission of Indian culture by traders and communities. 5 4. Vijay Raghavan Panel on DRDO Functioning The nine-member Vijay Raghavan panel, established by DRDO's focus and expertise, questions its involvement the government, has recently submitted a in drone development, and advocates for the pivotal comprehensive report addressing concerns about the role of the Defence Technology Council (DTC) in functioning of the Defence Research and Development steering defense technology development. The creation Organisation (DRDO). The background reveals that a of a dedicated Department of Defence Science, Parliamentary Standing Committee (PSC) on Defence Technology, and Innovation is proposed to act as the and a CAG Report (December 2022) expressed secretariat for the DTC. Major issues related to DRDO concerns about significant delays in DRDO's mission include project timelines and cost overruns, lack of mode projects. The major recommendations of the Vijay synergy with the Armed Forces, challenges in Raghavan Committee include refocusing on research technology transfer to the private sector, and limited and development (R&D) and advising against transparency leading to negative public perception. involvement in productization and production cycles. The committee emphasizes narrowing 6 5. 18th Annual Status of Education Report 2023 Recently, NGO Pratham released the 18th Annual faced by elementary education in India, such as school Status of Education Report (ASER) 2023 titled ‘Beyond infrastructure, the shift towards private schools, teacher Basics,' focusing on students' activities, basic and shortage, and social divides. Recommendations for applied reading and math abilities, and digital enhancing basic education include increased funding, awareness and skills. ASER is an annual citizen-led teacher recruitment and training, addressing dropout survey in rural India, conducted since 2005, providing rates, infrastructure development, focusing on quality representative estimates of enrollment and learning education, and robust monitoring and evaluation. levels. ASER 2023 highlights enrollment rates,various aspects, vocational including training, basic The report concludes with an overview of government abilities, language and arithmetic skills, digital initiatives related to education, including the National awareness, and foundational numeracy skills. It Programme on Technology Enhanced Learning, Sarva emphasizes the need for government efforts to bridge Shiksha Abhiyan, PRAGYATA, Mid Day Meal Scheme, gaps in foundational literacy and numeracy skills, Beti Bachao Beti Padhao, PM SHRI Schools, and the suggesting initiatives for the 14-18 age group. The National Education Policy (NEP) 2020, with a focus on report also delves into issues increased public investment in education. 7  6. World Economic Forum 2024 The World Economic Forum (WEF) is hosting its Annual Meeting from January 15 to January 19, 2024, in Davos, Switzerland. The WEF, founded in 1971 by Klaus Schwab, is headquartered in Geneva and serves as the International Organization for Public-Private Cooperation. It brings together leaders from various sectors to shape global, regional, and industry agendas. Initially known as the European Management Forum, WEF has evolved its focus from management to economic and social issues, becoming the World Economic Forum in 1987. The organization is primarily funded by partnering corporations with substantial turnovers. The Annual Meeting in Davos is a prominent event, gathering around 3,000 participants to discuss global issues across various sessions. Throughout its history, WEF has been a platform for key diplomatic moments, including meetings between North and South Korea, discussions on German reunification, and significant milestones in South African politics. WEF also publishes influential reports such as the Global Competitiveness Report and the Global Gender Gap Report. 8 7. Multidimensional Poverty - NITI Aayog The NITI Aayog has recently released a Discussion points. Approximately 24.82 crore people have escaped Paper titled 'Multidimensional Poverty in India since multidimensional poverty in the last nine years. Uttar 2005-06', which highlights that 24.82 crore people Pradesh, Bihar, Madhya Pradesh, and Rajasthan have have escaped multidimensional poverty in the last nine recorded the sharpest decline in the number of people years. The paper utilizes data from National Family classified as poor based on the MPI. Uttar Pradesh saw Health Surveys (NFHS) conducted in 2005-06, 2015- the largest decline, with 5.94 crore people escaping 16, and 2019-21 to analyze long-term poverty trends. multidimensional poverty, followed by Bihar, Madhya The National Multidimensional Poverty Index (MPI) Pradesh, and Rajasthan. The Severity of Deprivation measures deprivations across three equally weighted (SoD) declined at a slightly lower rate between 2015- dimensions: Health, Education, and Standard of Living, 16 and 2019-21 compared to 2005-06 and 2013-14. represented by 12 Sustainable Development Goals- Reduction in deprivation was faster after 2015-16 in aligned indicators. These include aspects like Nutrition, terms of the reduction in the share of MPI poor out of Child and Adolescent mortality, Maternal Health, Years the total population. India is likely to achieve of Sustainable Development Goals (SDG) Target 1.2, schooling, School Attendance, Cooking fuel, Sanitation, aiming to reduce poverty in all its dimensions well Drinking water, Electricity, Housing, Assets, and Bank before 2030. Accounts. NITI Aayog, which stands for the National Institution for Key Highlights of the Multidimensional Poverty Index Transforming India, replaced the Planning Commission in India Since 2005-2006 include an overall decline in in 2015. It focuses on a 'Bottom-Up' approach and Multidimensional Poverty:from 29.17% in 2013-14 to 'Cooperative Federalism' and engages in various 11.28% in 2022-23, marking a decrease of 17.89% initiatives and indices to promote development and governance in the country. 9 8. Swachh Survekshan Awards The Swachh Survekshan Awards 2023 were recently door-to-door waste collection, 98% source segregation, conferred by the President of India at Bharat and 100% remediation of dumpsites. Mandapam, New Delhi, hosted by the Ministry of Maharashtra claimed the cleanest state award with Housing and Urban Affairs (MoHUA). Indore and Surat 89.24% door-to-door waste collection and 67.76% were jointly awarded the cleanest city title. Indore has source segregation. The bottom five states in retained this position for the 7th consecutive year, while Surat claimed the top spot for the first time. This is the cleanliness first instance since 2016 of two cities sharing the top were Arunachal Nagaland, Pradesh, Mizoram, Rajasthan, prize in the annual awards. Key parameters in and Tripura. evaluation included door-to- door waste collection, The Swachh Survekshan, conducted by MoHUA since source segregation, cleanliness of public areas, clean 2016, is the world's largest urban sanitation and water bodies, and citizens' feedback on city cleanliness. cleanliness survey. It aims to foster healthy competition Indore and Surat achieved 100% among cities and improve service delivery and cleanliness. 10 9. Website Blocking by the Government The reply to a Right to Information (RTI) application has the interest of sovereignty, integrity, defence, security, revealed a significant increase in website blocking friendly relations with foreign states, public order, or orders in India from 2013 to October 2023. In 2013, investigating any offence. the Union government issued 62 website blocking Website blocking is driven by concerns related to orders. By October 2023, the number of website national security, public order, and adherence to blocking orders had grown to 6,954. These orders are legal regulations. It aims to counter threats such as issued under Section 69A of the Information terrorism, hate speech, or the dissemination of illegal Technology (IT) Act, 2000. The IT Act governs activities content. However, it raises concerns about Freedom of related to the use of computer resources in India. Expression, and the need to balance national interests Section 69 empowers the Central and State with citizens' rights to express opinions. governments to issue directions for intercepting, monitoring, or decrypting information in 10. Concerns over new Hit and Run Law The recent protests by transporters and commercial The countrywide truckers' strike has been called off drivers, particularly against Section 106 (2) of the after the government assured that it would consult Bharatiya Nyaya Sanhita, 2023, highlight concerns stakeholders before implementing the contentious law about the severity of penalties for hit-and-run incidents. against hit-and-run. The government has committed to While the government aims to address road safety and consulting with transporters and commercial drivers to accountability, protesters argue that the law lacks address their concerns and possibly make amendments to Section 106 (2) of the Bharatiya Nyaya Sanhita, 2023. nuance and may disproportionately affect drivers. 11 11. 2023 - Warmest Year on Record 2023 emerged as the warmest year on record, temperatures beyond the 1.5°C threshold, which is a surpassing the previous record set in 2016. The global critical target mentioned in international climate average temperature in 2023 was 1.48°C warmer than agreements. the average of the 1850-1900 pre-industrial level. This The onset of El Niño in 2023 played a role in increase in temperature indicates the continued impact of climate change on the Earth's climate system. exacerbating temperature extremes. El Niño is a natural climate Approximately 50% of days in 2023 were more than phenomenon characterized by the warming of surface 1.5°C warmer than the pre-industrial baseline. This waters in the eastern Pacific Ocean. It can influence signifies a substantial number of days experiencing weather patterns globally, contributing to higher temperatures. 12. Supreme Court Verdict on Article 370 In January 2023, Hindenburg Research, a US-based Court expressed skepticism about the reliability of the firm, made serious allegations against the Adani group. Hindenburg report, stating that it appeared aimed at These included accusations of stock manipulation, influencing the market through selective and distorted accounting fraud, and the use of improper tax havens information. and shell companies. Various petitions were filed, SEBI was instructed to utilize its investigative authority seeking a court- monitored investigation into the to determine if the short-selling actions mentioned in allegations. Concerns were raised about the the Hindenburg report violated laws, leading to investor implications for national security and the economy. The harm. The Court directed an expedited completion of petitioners argued that SEBI, the market regulator, SEBI's investigation within three months. might not be sufficiently competent or independent to In March 2023, the Supreme Court had formed the conduct a fair and impartial probe. Justice Sapre Committee to probe potential regulatory The Supreme Court ruled in favor of the Adani group failures after investors suffered significant losses and following Hindenburg Research's allegations against the SEBI, rejecting the transfer of the investigation to other Adani Group. bodies. The court emphasized that the power to transfer an investigation must be exercised only in exceptional circumstances and with cogent justifications. The 12 13. 16th Finance Commission being Constituted The creation of the Sixteenth Finance Commission is in financing Reviewing disaster management accordance with Article 280(1) of the Constitution of arrangements under the Disaster Management Act, India. This article empowers the President to constitute 2005. a Finance Commission to address various fiscal matters. Making recommendations for improvements in the Dr. Arvind Panagariya, a former Vice-Chairman of NITI fiscal structure. Aayog (National Institution for Transforming India) and a Professor at Columbia University, has been appointed The Sixteenth Finance Commission has been given as the Chairman of the Sixteenth Finance Commission. a deadline to submit its report. It is expected to make its recommendations and findings available by October The commission has specific terms of reference, which 31, 2025. include: Distribution the of tax proceeds between Union (Central Government) and States (State Governments). Principles governing grants-in-aid to States. Measures to strengthen State finances for local bodies such as Panchayats and Municipalities. 13