• March 25, 2023

Sharda Peeth

Tags: GS1, Art and Culture

In News

• The Home Minister recently inaugurated the Mata Sharda Devi temple in Kupwara, J&K, close to the LoC.

About

• The Indian government will attempt to construct a corridor to Sharda Peeth in Pakistan-occupied Kashmir, similar to the Kartarpur corridor, so that devotees can participate in the Shardha Yatra, according to the Home Minister.

Sharda Peeth temple

• Location: Sharda Peeth, a Hindu holy site, is situated in Neelum Valley in Pakistan-occupied Kashmir (PoK), across from Teetwal village in Kupwara district of Jammu and Kashmir, along the Line of Control (LoC).
•  It is located directly across the Line of Control in the small village of Shardi or Sardi, at the confluence of the Neelam (Kishanganga), Madhumati, and Sargun rivers.
• Cultural Importance: Sharda (also spelt Sharada or Sarada) is one of the 18 Maha Shakti Peethas and is regarded as the residence of the Hindu goddess Saraswati.
• The temple was also once regarded as one of the foremost centres of Vedic literature, scriptures, and commentaries for higher learning. It was regarded as comparable to the ancient centres of learning at Nalanda and Takshila.
• Sharda University: In close proximity to the temple are the ruins of one of the world’s oldest universities. It is believed that Sharda University had its own script, called Sharada, as well as more than 5,000 scholars and the largest library.
• Once upon a time, Sharda Peeth was regarded as the centre of knowledge on the Indian subcontinent, and scholars from all over the country would come here in search of scriptures and spiritual wisdom.
•  Kartarpur corridor

• In November 2019, the Kartarpur Corridor was opened, allowing Sikh devotees from India to visit Gurdwara Darbar Sahib near Lahore in Pakistan without a visa.
• Sri Guru Nanak Dev Ji spent his final 18 years in the village of Kartarpur, located on the west bank of the river Ravi.
• Gurdwara Dera Baba Nanak is located approximately one kilometre from the Indo-Pakistani border on the east bank of the River Ravi. On the western bank of the river is the Pakistani city of Kartarpur.
• Gurdwara Sri Kartarpur Sahib is located in the Pakistani district of Narowal, approximately 4.5 kilometres from the international border and close to the historic town of Dera Baba Nanak in the Punjabi district of Gurdaspur.
• The Indian portion of the Dera Baba Nanak – Sri Kartarpur Sahib corridor consists of a 4.1-kilometer-long four-lane highway from Dera Baba Nanak to the international border and a state-of-the-art Passenger Terminal Building (PTB) at the international border. The town was constructed by devotees of Sri Guru Nanak Dev Ji, who named it Dera Baba Nanak in honour of their great ancestor.
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TH

Vedic Heritage Portal

Tags: GS1,  Art and Culture

In News

• The Union Home Minister inaugurated the Vedic Heritage portal in New Delhi just recently. In addition, he inaugurated the ‘Kala Vaibhav’ virtual museum created by the Indira Gandhi National Centre for the Arts (IGNCA).

About 

• ‘Kala Vaibhav’, a Vedic heritage portal and virtual museum, was created by the Indira Gandhi National Centre for the Arts (IGNCA).
• The goal of the portal is to communicate Vedic messages.
• The portal will be a one-stop solution for users seeking information about the Vedic heritage.
• It will assist the general public in gaining a basic understanding of the Vedas. Four Vedas’ audiovisual recordings have been uploaded to the Vedic Heritage website. The duration of the portal’s over 18,000 mantras from the four Vedas is over 550 hours.

Indira Gandhi National Centre for the Arts (IGNCA)

• The Indira Gandhi National Centre for the Arts (IGNCA) was established in 1987 as an autonomous institution under the Ministry of Culture to serve as a research, academic, and dissemination centre in the field of the arts.
• IGNCA has a trust (Board of Trustees) that meets regularly to provide general direction for the Centre’s work.
• The Executive Committee, comprised of Trustees, operates under the leadership of a Chairman.

Project ‘Mausam’ is a Ministry of Culture project that will be implemented by Indira Gandhi National Centre for the Arts (IGNCA), New Delhi as the nodal coordinating agency with the assistance of the Archeological Survey of India and the National Museum as associate bodies.

Source: BS

What is Defamation Law?

Tags: GS 2, Indian Constitution Historical Underpinnings & Evolution Features & Amendments Significant Provisions Basic Structure

In Context

• In a 2019 criminal defamation case, Congress leader Rahul Gandhi was found guilty and sentenced to two years in prison for his remarks about Prime Minister Narendra Modi’s surname.

What is Defamation?

• Defamation is the act of communicating false statements about a person, place, or thing to a third party, resulting in reputational harm.
• Defamation must essentially satisfy the following conditions:
• The statement must be published (orally and in writing)
• The statement must diminish the individual’s reputation (damaging to the reputation of the person against whom charges have been made).

Types of defamation

• India recognises two types of defamation: civil and criminal.
• Civil defamation: Under this provision, a defamed individual may petition either the High Court or subordinate courts for monetary damages. There is no jail time as a form of punishment.
• Civil libel is grounded in tort law (an area of law which does not rely on statutes to define wrongs but takes from an ever-increasing body of case laws to define what would constitute a wrong).
• Criminal Defamation:Under this provision, the defendant in a defamation case could be sentenced to two years in prison, a fine, or both.
• Respective Sections of IPC
• Section 499 of the IPC defines defamation, while Section 500 specifies the punishment for criminal defamation (two years in prison for those convicted of defamation).
• Section 499 contains exceptions as well. These include “imputation of truth,” which is required for the “public good” and therefore must be published, regarding the public conduct of government officials, the conduct of any person touching on any public question, and the merits of the public performance.

The Supreme Court recently upheld the validity of the criminal defamation law.

According to Supreme Court:

• In Article 21, the right to one’s reputation is as important as the right to free speech.
• Criminalizing defamation to protect the dignity and reputation of an individual is a “reasonable restriction.”
• The acts of expression should be viewed from both the speaker’s and the venue’s, the audience’s, etc. perspectives.
• In August 2016, the Supreme Court reprimanded Tamil Nadu Chief Minister J Jayalalithaa for misusing criminal defamation law to “suffocate democracy” and stated that “public figures must face criticism.”
• Shreya Singhal v. Indian Union: It is a landmark decision concerning online defamation. It ruled unconstitutional Section 66A of the Information Technology Act of 2000, which criminalises the transmission of offensive messages via communication services.

Arguments against Defamation

• Freedom of speech and media expression are essential for a healthy democracy, and the threat of prosecution is sufficient to silence the truth. Many times, influential individuals abuse this provision to silence any opposition.
• The right to reputation cannot be extended to collectives such as the government, which has the means to repair reputational damage.
• The process in criminal cases itself becomes a punishment for the accused because he must be present on each date of hearing with his attorney.

• It runs counter to the worldwide trend of decriminalisation of defamation. Numerous nations, including Sri Lanka, have decriminalised defamation.
• In 2011, the Human Rights Committee of the International Covenant on Civil and Political Rights urged states to eliminate criminal defamation, citing the fact that it intimidates citizens and discourages them from exposing wrongdoing.

Source: IE

Online Gambling in India

Tags: GS 2, Government Policies & Interventions

In News

• The Tamil Nadu Assembly re-approves the anti-online gambling bill

About

• Recently, the Tamil Nadu Assembly re-adopted the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Bill, 2022.
• The Bill was reintroduced in the House after Tamil Nadu Governor R.N. Ravi returned it on the grounds that it violated the Constitution and court decisions.
• The Bill was initially adopted by the Assembly in 2022, after the School Education Department conducted a survey to determine the impact of online games on students.

What is Online Gambling?

• Online gambling is the practise of engaging in gambling activities via the Internet. • It entails placing bets or wagers on various games and events with the intent of winning money or other prizes.
• It can be played on a variety of devices, such as computers, laptops, tablets, and smartphones, and employs virtual chips or digital currencies in lieu of physical cash.
• From 2023 to 2030, the global online gambling market is projected to grow at a compound annual growth rate (CAGR) of 11.7%, from a value of USD 63.53 billion in 2022.
• The Asia-Pacific region is the largest market for online gambling, with China and Japan contributing the most.
• Most nations, including India, regulate online gambling with varying degrees of restrictions and laws, including India.

• Major Types:
• Casino games: Among these are slot machines, blackjack, roulette, and baccarat.
• Sports betting: This involves placing bets on sports events, such as football, basketball, cricket, and horse racing.
• Poker: This is a card game played against other players online.
• Lottery: This involves purchasing tickets for online lotteries that offer large cash prizes.

Challenges of Online gambling

• Addiction: Online gambling can result in severe financial and social problems due to its accessibility and the fact that players can spend hours playing games without realising how much they are spending.
• Lack of Regulation: Frequently, online gambling is unregulated, making it simple for fraudulent activities to occur. This may result in players losing money or having their personal information compromised.
• Underage Gambling: Online gambling sites can be easily accessed by minors, leading to underage gambling. This can cause severe psychological and financial problems for children and their families.
• Money Laundering: Online gambling can be used as a means for money laundering, where players can deposit large amounts of cash into online accounts and then withdraw the money in a legitimate form.
• Cybersecurity Risks: Online gambling sites can be vulnerable to cyber-attacks, which can lead to the theft of sensitive personal and financial information of the players.
• Social Isolation: Online gambling can lead to social isolation, as players can spend hours playing games online, leading to a lack of social interaction with family and friends.

Advantages of Online Gambling

• Accessible entertainment: Online gambling provides millions of Indians who may not have access to traditional land-based casinos or gambling establishments with easy and convenient access to entertainment.
• Revenue generation: It can generate significant revenue for the Indian government through taxation and regulation besides creating jobs and business opportunities for Indian entrepreneurs.
• Tourism: It can help promote tourism in India by attracting foreign players who are interested in Indian-themed games or unique experiences that are not available in their home countries.
• Responsible gambling: Online gambling platforms may offer responsible gambling resources and tools to assist players in managing their gambling activities and avoiding addiction.

• through deposit limits, self-exclusion programmes, and helplines for problem gamblers.

Laws governing Online Gambling

• The laws governing online gambling in India are complex and vary by state, but there are a few that apply to the entire country:
• Public Gambling Act, 1867: Federal law prohibits operating or visiting a gambling establishment. However, this statute makes no mention of online gambling.
• Information Technology Act, 2011: It was amended to include provisions related to online gambling which states that any website that offers online gambling services must be located outside of India.

• Numerous Indian states have their own gambling laws, with some, such as Goa and Sikkim, having legalised certain forms of gambling and issuing licences to operators.

Major Court Judgements:

• Dr. K.R. Lakshmanan vs. State of Tamil Nadu (1996): The Supreme Court of India ruled that the Public Gambling Act of 1867 does not apply to games of skill, such as horse racing and rummy.
• State of Andhra Pradesh vs. K. Satyanarayana (1968): The Andhra Pradesh High Court ruled that playing rummy for money is illegal because it constitutes gambling.
• Varun Gumber v. Union Territory of Chandigarh (2017): The Punjab and Haryana High Court declared that online fantasy sports games, such as Dream11, involve a substantial degree of skill and are not considered gambling.
• Mahalakshmi Cultural Association v. State of Tamil Nadu (2013): The Madras High Court held that online games of chance, such as poker and rummy, are considered gambling and are therefore illegal.
• Shri Krishna Agrawal vs. State of Maharashtra (1999): The Bombay High Court ruled that poker is not considered gambling because it requires a significant amount of skill.
• Way ahead

• Online gambling presents significant challenges that must be addressed by regulators and policymakers to protect players and ensure that online gambling is conducted fairly and responsibly.
• The legal landscape surrounding online gambling in India is complex and can vary significantly from state to state; therefore, individuals must be aware of the laws in their state and ensure that they only engage in legal and licenced online gambling activities.

Source: TH

Scholarship Schemes

Tags: GS 2, Government Policies & Interventions Welfare Schemes for Vulnerable Sections of Population & their Performance

In News

• Recently, the Parliamentary Standing Committee on Social Justice and Empowerment highlighted the Ministry of Social Justice and Empowerment’s scholarship spending.

About

• During the first nine months of the fiscal year 2022-23, the Ministry was only able to spend 1% of its budget on a pre-matric scholarship programme for students from Scheduled Castes.
• Less than one-half of the amount designated for a post-high school scholarship programme for SC students.
• Under the PM-YASASVI programme, the government spent slightly more than 2 percent of the total budget allocated for the programme.
• Previously, the scheme was divided into two parts: one for students in South Carolina and one for children of those in hazardous occupations. From 2022 to 2023, it was merged into one and implemented as such.
• Under the new system, the Centre transfers its 60% share of the funds via Direct Benefit Transfer to the beneficiary’s Aadhaar-linked bank account, but only after the concerned State government has released its 40% share of the funds.

Pre-matric scholarship scheme

• The Pre-Matric Scholarship for ST students (Classes IX and X) is a Centrally Sponsored Scheme that was initiated in 2006 and is administered by the respective State/UT administrations.
• This is an open-ended scheme for all ST students in classes IX and X whose parents’ annual income does not exceed Rs. 2.50 lakhs.
• The contribution from the Indian government is 75% and the contribution from the state is 25%.
• With regard to North East and hilly states, the government of India contributes 90% and the state contributes 10%.
• In the case of UTs like Andaman & Nicobar that lack a Legislative Assembly and their own grants, the Government of India contributes 100 percent.

Post matric scholarship scheme

• The Post Matric Scholarship for SC/ST students (Class 11 and above) is a Centrally Sponsored Scheme administered by respective SC/ST/UT administrations.
• This is an open-ended scheme for all ST students enrolled in class XI or higher whose parents’ annual income does not exceed Rs. 2,50,000.
• The contribution from the Indian government is 75% and the contribution from the state is 25%.
• With regard to North East and hilly states, the government of India contributes 90% and the state contributes 10%.
• In the case of UTs like Andaman & Nicobar that lack a Legislative Assembly and their own grants, the Government of India contributes 100 percent.

PM-YASASVI scheme

•  It is formulated by the Ministry of Social Justice and Empowerment (MSJ&E) and is known as the PM Young achievers Scholarship Award Scheme for Vibrant India (YASASVI) for the award of scholarships to Other Backward Class (OBC), Economically Backward Class (EBC), and Nomadic and Semi-Nomadic Tribes Denotified Tribe (DNT) students studying in identified Schools.

Scholarships are awarded at two levels:

• For students enrolled in Class IX, and
• For students enrolled in Class XI.
• The Yasasvi Entrance Test (YET),
• administered by the National Testing Agency,
• is used to select candidates for scholarship awards under the scheme (NTA).

TH

IPCC Report on India’s Afforestation Policy

Tags: GS 2, Government Policies & Interventions, GS 3

In Context

• Recently, the Intergovernmental Panel on Climate Change (IPCC) released its Synthesis Report.

Report statement on India’s afforestation policy

• According to the report, preventing the degradation of existing ecosystems will do more to mitigate the effects of the climate crisis than restoring degraded ecosystems.
• It refers to the increasingly contentious policy in India that has permitted forests in one region to be cut down and “replaced” with those in another.

More about Afforestation 

• Afforestation as part of India’s climate pledges: 
•  The government has pledged to increase forest and tree cover by 2.5-3 GtCO2e by 2030.
• GtCO2e is the abbreviation for gigatonnes of carbon dioxide equivalent.
• Afforestation & CAMPA:
• Afforestation is also regulated by the Compensatory Afforestation Fund Management and Planning Authority (CAMPA), which was established in 2002 by the Supreme Court and is headed by the environment minister.
•  According to the environment ministry, CAMPA is intended to promote afforestation and regeneration activities as a way to compensate for forest land that has been converted to non-forest uses.
• Forest (Conservation) Act 1980:

• When forest land is converted to non-forest uses, such as a dam or a mine, it can no longer provide its historical ecosystem services or support biodiversity.
• According to the Forest (Conservation) Act of 1980, the project proponent who wishes to divert the land must identify land elsewhere to afforest, as well as pay the land’s value and afforestation costs.
• This land will then be administered by the forest service.

Issues

• Unspent fund:
•  The funds are managed by the Compensatory Afforestation Fund Management and Planning Authority (CAMPA).
•  Between 2006 and 2012, the fund grew from Rs 1,200 billion to Rs 23,600 billion. In 2013, the Comptroller and Auditor General determined that the majority of this money had not been spent. In 2019, the fund contained Rs 47,000 billion.
• Facilitating deforestation:
•  CAMPA has also been criticised for facilitating the destruction of natural ecosystems in exchange for the establishment of forests elsewhere.
• For instance, in October 2022, the government of Haryana announced that it would develop the “world’s largest curated safari” using CAMPA funds received from deforestation in Great Nicobar for development projects 2,400 kilometres away and with vastly different topography.
• Issues with CAMPA-funded projects:
•  According to an article published in Current Science in 2016, CAMPA-funded projects threaten “landscape connectivity and biodiversity corridors” and expose forest patches to “edge effects.”
• It was also stated that planting non-native species or artificial plantations would not compensate for ecosystem loss and would be “dangerous to the existing ecosystem.”
• No specific conditions for denying:
• The environment ministry does not stipulate any conditions for outright denying permission for deforestation for development projects.
• For example, planting mangroves indiscriminately on mudflats that do not naturally contain mangroves to act as a storm buffer.
• Solar parks are destroying grasslands and open natural ecosystems.
• Beyond compensation:

• This implies that, in addition to impacts on livelihoods, biodiversity, and hydrology, the climate impacts of such development projects cannot be adequately “compensated” through compensatory afforestation.

Significance of Natural Ecosystem & way ahead

• Carbon sequestration: 
• According to research, natural ecosystems store more carbon.
• No comparison with the Natural Ecosystem:
•  In terms of biodiversity, local livelihoods, hydrological services, and carbon sequestered, creating single-species plantations in, say, Haryana does not come close to a natural sal forest lost to a development project in, say, Central Indian forests.
• Time consuming:
• Of these, carbon sequestered in fast-growing plantations recovers the quickest, but it will still take decades before it reaches the level of carbon sequestered in a natural forest.

Sarus Crane

Tags: GS 3,  Biodiversity and Environment Species in News

In News

• The Uttar Pradesh (U.P.) Forest Department has relocated a sarus crane, the state bird of U.P., from the village of Mandka in Amethi to the Samaspur Bird Sanctuary in Raebareli.

About Sarus Crane

• Scientific Name: Grus antigone

Features:

• The Sarus crane is the tallest flying bird in the world. The birds are mostly grey with long, pale-red legs. Their head and neck are both red.
• Juveniles have buff feathers on their heads and darker plumage.
• 

Habitat

• The Sarus crane is renowned for its ability to coexist with humans, as it inhabits open, cultivated, well-watered plains, marshlands, and jheels. These locations are ideal for feeding, roosting, and nesting.
• These birds lay their eggs on the ground.
• They inhabit open wetlands in South Asia, seasonally flooded Dipterocarpus forests in Southeast Asia, and woodlands and grasslands dominated by Eucalyptus in Australia.

Distribution

• Continents : Oceania, Asia.
• Subcontinents: East Asia, Southeast Asia, and South Asia.
• Countries: Australia, Cambodia, China, India, Laos, Myanmar, Nepal, Pakistan, Viet Nam, Bangladesh.
• It is found in northern and central India, Terai Nepal, and Pakistan on the Indian subcontinent.

• This once occurred frequently in the paddy fields of Uttar Pradesh, Bihar, Rajasthan, West Bengal, Gujarat, Madhya Pradesh, and Assam. Their population is declining in India, with the majority residing in Uttar Pradesh.

Threats

• Loss of habitat due to drainage of wetlands, agricultural expansion, and human development is the primary threat to the Sarus crane.
• The use of pesticides and collisions with wires are also significant threats.
• Cranes are also a common hunting and egg-collecting target for humans.

Conservation Status

•  They are categorised as vulnerable (VU) on the IUCN Red List of threatened species;
• • They are listed in Schedule IV of the Wildlife (Protection) Act of 1972.

TH

Bedaquiline

Tags: Freedom Struggle, GS 3,  Indian Economy & Related Issues Inclusive Growth & Related Issues

In News

• The Indian Patent Office recently denied Johnson & Johnson’s request to extend its monopoly on Bedaquiline production in India.

About

• The oral medication bedaquiline is used to treat active tuberculosis.
• It has a unique mechanism of action, targeting the TB mycobacterium’s adenosine triphosphate (ATP) synthase enzyme.

J&J Patent

• Bedaquiline is a crucial component of the WHO-recommended TB treatment regimens for which Johnson & Johnson holds the patent.
• Johnson & Johnson filed with the Indian patent office for evergreening of its patent on fumarate salt (a formulation salt of Bedaquiline). This was challenged by TB survivors Nandita Venkatesan and Phumeza Tisile.
• Evergreening is a strategy to extend the life of patents about to expire in order to retain revenues by making multiple claims in its applications for patent extensions.

India’s Patent Office

• The Patents Act of 1970 is the statute governing patents in India. It was first implemented in 1972.
• The Patents Act was amended in 1999, 2002, 2005, and 2006, in that order. The Patent Act was amended in 2005 to include the extension of product patents to all technological fields, including food, drugs, chemicals, and microorganisms. The Patent Act Rules were also amended in 2012, 2013, and 2014.
• The Indian Patent Act is administered by the Office of the Controller General of Patents, Designs, and Trademarks (CGPDTM).

The Patent Office has branches in New Delhi, Chennai, and Mumbai in addition to its headquarters in Calcutta.

• The Controller General oversees the administration of the Act and advises the government on related matters.

Challenges of the Indian Patent Regime: 

• Complex system : The Indian patent regime is burdened by lengthy waiting periods for patents, unclear instructions regarding what can be patented, and inadequate data security.
• Compatibility: Article 3(d) of the Indian Patent Act has been a major source of contention between India and the United States.
•  Section 3 addresses what the Act does not recognise as an invention.
•  Section 3(d) specifically excludes the mere discovery of a new form of a known substance that does not result in an enhancement of the substance’s known efficacy.
•  Section 3(d) prevents patents from being “evergreened.”
• Judicial delays: The Commercial Courts Act of 2015 presented a chance to reduce delays and increase expertise, but only a small number of courts have taken advantage of this opportunity.
•  Competing jurisdictions are reducing the effectiveness of the courts, which are also suffering from inadequate resources and training.
• Intellectual Property Appellate Board (IPAB): The complete abolition of IPAB, which had been handling proceedings involving complex IPR issues in an efficient manner, may create a void in the appellate resolution of cases, leading to their transfer to Commercial or High Courts, thereby increasing case pendency.
• Way forward/ Suggestions:

• A world compatible IP regime is necessary for innovation.India can utilise The Doha Declaration on the TRIPS Agreement and Public Health to ensure that India does not sacrifice   public utility for compatibility.

Source:TH