20th October 2024

Article: 20^th October, 2024

Topic: Article 21 superior to PMLA conditions

Relevance: GS Paper: 2 – Polity

Source: The Hindu

Context

• AAP politician Satyendar Jain was detained in a money laundering case, but a Delhi court granted him release under Article 21 of the Constitution.
  
  

About

• The Delhi court ruling made clear that, while liberty was at the center, the constitutional requirements had a mitigating effect on the legislative requirements under the Prevention of Money Laundering Act (PMLA).

• Regarding trial delays and prolonged detention, the remedies provided under Article 21 (right to life and personal liberty) of the Constitution is preferable to the two requirements under Section 45 of the PMLA.
• Regardless matter the type of offense, Article 21 is applicable.
  
  

Views of the Supreme Court on the Law

• Recently, the Supreme Court ruled that constitutional courts cannot permit PMLA clauses to be used as tools by the Enforcement Directorate to continue incarceration for a long time.
• The court placed stringent requirements on bail, such as frequent appearances before the ED deputy director and the investigating officer for the scheduled charges, in order to allay ED’s fears about potential witness or evidence manipulation.
  – refraining from getting in touch with any victims or prosecution witnesses on the scheduled offenses;
  – complete compliance with the trial and a refusal to request postponements.
  
  

Conclusion

• The court’s ruling emphasizes the significance of striking a balance between legislative requirements and constitutional rights in order to avoid extended detention and postponed trials.
• In the end, maintaining justice while defending fundamental liberties requires striking a balance between the authority of law enforcement and individual rights.

Also Read Topics & Concepts:

Prelims Practice Questions

Q. Consider the following statements regarding Prevention of Money Laundering Act (PMLA)

1) Under the statute, a FIR must be filed before an investigation can begin.
2) The accused bears the burden of establishing their innocence under the PMLA.

Which of the above statements are correct?

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Ans: b

Explanation

An Enforcement Case Information Report, or ECIR, is filed in the PMLA case. It is regarded as an “internal document,” is comparable to the FIR, and is not provided to the accused.
This burden has been transferred to the accused under the PMLA; they must demonstrate their innocence. Everyone is presumed innocent until proven guilty under general law.

Mains Model Questions Q. Critically examine the efficiency of the Prevention of Money Laundering Act (PMLA) in preventing money laundering, taking into account its implementation difficulties, prosecution capabilities, and anti-misuse measures.

Introduction:

India’s main defense against the problem of money laundering is the Prevention of Money Laundering Act (PMLA), 2002, which forbids and punishes the conversion of illicit money into white. Since its passage and later revisions, the PMLA has drawn praise for its goals as well as criticism for its difficulties in carrying them out, its efficacy in court, and its susceptibility to abuse.

Body:

Overview of the PMLA

• Definition and Procedures: Explains what money laundering is and the steps that are taken to conceal the source of funds that have been obtained unlawfully, including placement, layering, and integration.
• The goals are to stop money laundering, make it possible to seize assets obtained through money laundering, and address related problems.

Implementation Difficulties

• Legal Ambiguities: The Act’s focus is diluted by ambiguities that still exist despite modifications meant to close loopholes. Examples of these include the retroactive application of definitions and the expanding list of “scheduled offences.”
• Low Conviction Rate: The difficulties in prosecuting offenses under the PMLA are highlighted by the abnormally low number of convictions compared to the number of cases filed between 2012 and 2018.
  
  

Efficiency in the Prosecution

• Judicial processes: In contrast to the conventional rule that confessions made to police officers are not admissible in court, the Act’s alignment with judicial processes permits comments made before the Enforcement Directorate to be admitted.
• Global and Organized Crime: The economic and social fabric of countries is impacted by money laundering, which is essential to the functioning of global and organized crime. Although the Act seeks to address these issues directly, obstacles stand in the way of its success.
  
  

Protections Against Abuse

• Strict Provisions: To ensure a balance between efficient enforcement and the defense of individual rights, the Act’s strict provisions and extensive authority granted to enforcement authorities call for safeguards to prevent abuse.
• Recent modifications: Especially in light of international standards like those of the FATF, recent modifications show efforts to improve comprehensiveness and effectiveness with the goal of broadening the Act’s scope and closing gaps.

Conclusion: The Indian government’s fight against money laundering and the crimes that underlie it is exemplified by the PMLA. Although the Act’s goals are admirable and essential for preserving the nation’s economic integrity, there have been several difficulties in putting it into practice. Legal ambiguities, a low conviction rate, and worries about the possibility of abuse of its strict rules are some of these. Notwithstanding these obstacles, recent changes and a targeted enforcement strategy point to a shift toward a more efficient and equitable execution of the law. To make sure the PMLA achieves its goals without going too far, it will be crucial to keep improving and striking a balance between enforcement authority and individual rights protections.

Article: 20^th October, 2024

Topic: India one among the top 10 performing countries in sports

Relevance: GS Paper: 2 – Governance

Source: PIB

Context

• India is expected to rank among the top ten nations in the world for athletic performance, according to the Union Minister for Youth Affairs and Sports.
  
  

India’s sports landscape

• In addition to being physical exercises, traditional games like archery, kabaddi, wrestling, and other martial arts were also cultural rites.
• Modern sports including football, hockey, tennis, and cricket were brought to India by the British during the colonial era.
• Infrastructure for these sports consequently started to take shape.
• Sports infrastructure in India grew erratically after independence.
• However, the infrastructure was mostly restricted to a few metropolitan centers, and the rate of development remained very moderate.
• India began to recognize the value of sports infrastructure in the late 20th and early 21st centuries.
• Major international events like the Asian Games in 1982 and the Cricket World Cup in 1987 were held in India, requiring the development of top-notch sports facilities.
• With the development of technology, the way that sports infrastructure is approached has changed dramatically over time.
  
  

The Performance of India in Global Events

• India finished the Paris Olympics with six medals, including five bronze and one silver, placing them 71st overall.
  – It was placed lower than countries like North Korea, Georgia, and Kazakhstan, which have far smaller populations.
• With 126 medals, the United States, which makes up less than 25% of India’s population, topped the rankings, followed by China with 91.

• Since its inception in 1900, India has only won 41 Olympic medals overall, all during the Summer Games.
• Many questioned the necessity of a sporting culture in light of the nation’s performance.
  
  

Causes of Indian athletes’ lack of success

• Absence of Training Facilities and Infrastructure: Even though there has been progress, many places still lack good sports facilities and training facilities. Developing elite athletes requires having access to coaching and contemporary training equipment.
• Lack of Funding: A lot of athletes have trouble getting enough money, which restricts their ability to train and compete internationally.
• Highlight Well-Known Sports: Cricket frequently takes precedence over other sports, which results in a dearth of funding and interest in sports like swimming, athletics, and others.
• Absence of Grassroots Development: A more robust grassroots sports culture that recognizes and develops potential at an early age is required.
• Level of Competition: It might be difficult for Indian athletes to place on the podium since they frequently face fierce competition from nations with more developed sports cultures and greater financial resources.

Measures Implemented by the Government

• Khelo India: to encourage sports on a local level. It covers finding talent, coaching, building sports facilities, and planning contests at the collegiate and high school levels.

• National Sports Policy: to boost participation, raise the caliber of sports training, and expand the number of athletes participating in international competitions.
• One important organization in charge of developing youthful talent and offering training facilities is the Sports Authority of India (SAI).
• National Sports Honors: Every year, the awards are presented to honor and reward sporting excellence.
• Pandit Deendayal Upadhyay National Welfare Fund for Sportspersons (PDUNWFS): It was founded in 1982 with the intention of assisting outstanding Sportspersons of yesteryear.
• The National Sports Development Fund gives athletes the chance to train with internationally renowned trainers, which helps them succeed.
  – Additionally, it offers financial support for infrastructure development and other sports marketing initiatives.
• The goal of the Target Olympic Podium Scheme (TOPS) is to find and assist athletes who have the potential to take home medals from the Olympic Games.
  – It offers funding for coaching, training, and international competition participation.

• Mission Olympic Cell (MOC): An organization within the TOPS that oversees and supports athletes’ Olympic training and preparation within the Ministry of Youth Affairs and Sports.
• National Sports Federations (NSFs): Charged with advancing and growing their particular sports, NSFs are acknowledged and supported by the government.

Actions that can be taken

• Funding: Invest more in sporting facilities, particularly in underprivileged and rural areas.
• Talent Identification: Establish school sports programs to find and develop talent early on.
• Encouragement for other sports: Encourage more sports outside cricket, such swimming, athletics, and native sports.
• Leagues and Competitions: To increase participation and viewership, set up professional leagues and competitions in lesser-known sports.
• Corporate Sponsorships: Promote collaborations between corporate businesses and athletic associations in order to supply funding.

Conclusion

• Being critical of our performance is beneficial since it motivates athletes and administrators to achieve better.
• India’s approach to sports infrastructure has undergone a notable paradigm shift in recent years.
• A dedication to strengthening the nation’s sporting ecosystem is demonstrated by the coordinated efforts of the government, commercial organizations, and different sports groups.
• This development is a turning point in India’s athletic history and reflects the country’s ambition to become a worldwide sporting superpower.

Also Read Topics & Concepts:

Prelims Practice Questions

Q. Consider the following statements regarding Sports Authority of India

1. It was established as a society under the Societies Act of 1860.
2. To continue the legacy of the 1982 IXth Asian Games in New Delhi, the Sports Authority of India (SAI) was established in 1984.

Which of the above statements are correct?

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Ans: c

Explanation

Under the Department of Sports, the Sports Authority of India (SAI) was established in 1984 to continue the tradition of the IXth Asian Games, which were hosted in New Delhi in 1982.
SAl has been given the dual responsibilities of advancing sports and attaining national and international athletic excellence.
SAI was established as a Society under the Societies Act of 1860.

Mains Model Questions Q. The extensive use of doping items and techniques has negative effects on athletes’ health as well as the sport’s reputation. Sport is crucial for both mental and physical education as well as for fostering global understanding and collaboration. Discuss.

Introduction:

Beyond only being a physical exercise, sports serve as a symbol of self-control, commitment, and resolve. In addition to providing mental and physical education, they are essential in promoting global collaboration and understanding. However, doping’s shadow, with all of its ramifications, casts a long shadow over sports’ impeccable reputation.

Body:

Physical and Mental Education:

• Positive Effects of Sports: Participating in sports helps people develop their self-control, fortitude, cooperation, and leadership. They impart virtues like tenacity, commitment, and the value of hard work.

Negative Effects of Doping:

• Doping deprives athletes of the real learning process by artificially improving performance. Substance abuse diminishes the fundamental principles of diligence and fair play.
  
  

Fostering Global Collaboration and Understanding:

• Positive Effects of Sports: International competitions such as the Olympics promote international harmony, friendship, and respect. They make it possible for cultures to communicate, comprehend, and value one another’s individuality.
• Negative Effects of Doping: Doping scandals have the power to intensify international rivalries and foster mistrust between nations, weakening the fundamental principles of international sports.
  
  

Athletes’ health and the perception of sport:

• Adverse Health Effects: Using performance-enhancing substances can result in serious health concerns, such as hormone imbalances, psychological difficulties, and heart problems.
• Sport’s Image Is Tarnished: Doping erodes the sense of sportsmanship. Sports lose their ability to inspire, and fans feel deceived.

Conclusion: Although athletics can serve as a source of inspiration, solidarity, and optimism, doping poses a threat to these very principles. In addition to the obvious health hazards to players, doping erodes the core principles that sports uphold. In order for the sports industry to maintain its esteemed reputation, the threat of doping must be continuously addressed and eliminated, reaffirming the fundamental principles of justice and honesty.

Article: 20^th October, 2024

Topic: 8 years for UDAN Scheme

Relevance: GS Paper: 3 – Infrastructure

Source: PIB

Context

• The UDAN program has been in operation for eight years.
  
  

About

• India’s National Civil Aviation Policy (NCAP) 2016 includes the Regional Connectivity Scheme (RCS), also known as UDAN (Ude Desh Ka Aam Nagrik), which was introduced by the Ministry of Civil Aviation (MoCA) in 2016 with a 10-year plan.
• It seeks to enhance connectivity and infrastructure in India, particularly in isolated and underdeveloped areas.
• In 2017, the first UDAN flight from Shimla to New Delhi departed.
  
  

Features of the UDAN Program

• A Market-Based Strategy: During bidding rounds, airlines evaluate demand on certain routes and submit proposals.
  – Through Viability Gap Funding (VGF) and other concessions, the program encourages airlines to connect underserved areas.
• Support Mechanisms:
  – Airport Operators: The Airports Authority of India (AAI) does not impose Terminal Navigation Landing Charges (TNLC) for RCS flights, and they also waive landing and parking fees.
  – Union Government: Aviation Turbine Fuel (ATF) purchases made at RCS airports are subject to a 2% excise duty ceiling for the first three years.
  – State Governments: States have agreed to lower the value-added tax (VAT) on ATF to 1% or less for a decade and to offer basic services including utility, fire, and security at a discounted rate.

Importance of the Scheme

• Supporting the Development of the Aviation Sector: It has sparked the rise of numerous new and prosperous airlines within the last seven years.
  – Additionally, it has led to an increase in demand for new aircraft of all sizes, expanding the spectrum of planes deployed on RCS routes.
• In order to promote tourism, hospitality, and local economic growth, initiatives such as UDAN 3.0 have established tourist routes that connect a number of destinations in the Northeast, while UDAN 5.1 is concentrated on increasing helicopter services in hilly areas.
• Improving Air Communication: 34 states and Union Territories are now connected nationwide via RCS-UDAN.

• Increase in the Number of Airports: From 74 in 2014 to 157 in 2024, the nation’s operating airport count has doubled, with plans to raise it to 350–400 by 2047.
• Conclusion 
• UDAN is a movement that aims to give every Indian the gift of flight, not just a scheme.
• In addition to fostering economic growth and job creation, improving regional connection and guaranteeing affordability has realized the dreams of many residents.
• India’s vision of a connected and affluent country is greatly aided by the UDAN initiative, which continues to be a game changer for Indian aviation.

Also Read Topics & Concepts:

Prelims Practice Questions

Q. Consider the following statements regarding UDAN Scheme

1. Its goal is to improve aviation connectivity throughout India’s major cities.
2. It seeks to lower the cost of airline tickets.

Which of the above statements are correct?

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Ans: b

Explanation

By lowering the cost of travel, the UDAN program seeks to improve the air connectivity of non-metropolitan cities (Tier I and Tier II). Both the federal and state governments are contributing to the program’s funding.

Mains Model Questions Q. Although the aviation industry has grown steadily in recent years, it still faces many obstacles. Comment.

Introduction:

One of India’s sectors with the quickest rate of growth is the civil aviation sector. Since India’s aviation sector was liberalized, it has experienced a significant change. The Directorate General of Civil Aviation reports that the number of passengers flying in India increased from 14 million in 2000-01 to 140 million in 2017. Due to a number of structural problems, Indian airlines are still struggling to maintain operations despite their explosive growth.

Body:

Issues facing India’s aviation industry

• Policy paralysis: No long-term plan for the airline industry was developed by the succeeding administrations. In certain urban areas, the aviation sector has been left to fend for itself while catering to the upper class.
• High taxes: High taxes on maintenance, repair, and overhaul (MRO) and aviation turbine fuel.
• Rupee depreciation: Because airlines pay for services in dollars, their profitability is lowered by exchange rate swings and rupee depreciation.
• Price-sensitive market: It is challenging for rival airlines to raise ticket costs in India, a price-sensitive market.
• Sustainability of the Udan Scheme: UDAN has encouraged the emergence of numerous regional airlines and the entry of current operators into the regional market. Passengers on metro routes pay a fee to support the Udan program. Udan routes are then subsidized using the money raised.
• The Center has set a 49% cap on foreign carriers’ ability to invest in Indian companies, but it still permits 100% FDI in airlines. Due to FDI restrictions, the highly capital-intensive aviation industry is unable to adopt best practices and new technologies.
• Costs are increased and inefficiencies are introduced by antiquated regulations such as the Route Dispersal Guidelines (RDG), which require airlines to operate a specific proportion of flights on smaller, less lucrative air routes.

Conclusion: It is impossible to ignore India’s aviation industry as it sets itself up to take the lead and dominate the world. particularly since this industry multiplies economic production, jobs, and trade—all of which are made possible by improved connection. However, policy changes are required if this expansion is to be sustained.

Article: 20^th October, 2024

Topic: The Stress factors for Indian Railways

Relevance: GS Paper: 3 – Economy

Source: The Hindu

Context

• Indian railways urgently require a number of reforms, as seen by the recent spate of train accidents in the country.
  
  

About

• Over the past ten years, the number of railway accidents has decreased from 1,390 annually in the 1960s to 80 annually.
• However, in 2022–2023 and 2023–2024, there were still 48 and 40 consequential accidents, respectively.
• A significant accident disrupts rail traffic, damages railway infrastructure, and results in injuries or fatalities.
  
  

Stress factors for Indian Railways

• High Operating Ratio (OR): The Railways’ predicted OR for 2024–2025 is ₹98.2, which means that for every ₹100 earned, they spend ₹98.2, leaving little for capital expenditures (capex).
• Accidents and Safety Concerns: Although the number of incidents has decreased from 1,390 annually in the 1960s to 80 annually in the present, there were approximately 40 consequential accidents in 2023-2024.
• Dedicated Freight Corridor (DFC) delays: the western DFC is only partially prepared, whereas the eastern DFC is completely functioning.
  – The expansion of freight capacity is limited because the east coast, east-west, and north-south corridors are still in the design stages.

• Losses in Passenger Services: Passenger services made ₹50,000 crore in 2019–2020, but they lost ₹63,364 crore.
• Finding a balance between cost-effective travel and profitability is still difficult, particularly in light of rising fuel, pension, and salary expenses.
• Difficult Working Conditions: Twelve-hour shifts are common for locomotive pilots, particularly in high-freight areas, which can result in difficult working conditions.
• Dependency on Freight Services: NITI Aayog reports that between 2009 and 2019, freight service rates, which make up 65% of overall income, grew more than three times as quickly as passenger rates.

The Government’s Actions

• Union and Railway Budget Integration: The government combined the Union and Railway budgets in 2016–2017, making it simpler to obtain gross budgetary support.
• Upgraded safety procedures, greater track maintenance, and investments in contemporary signaling systems are examples of improved safety measures.
• New Trains: To boost passenger income and enhance service on busy lines, high-speed Vande Bharat trains are being introduced.
• A vehicle can avoid obstacles or other vehicles by using the Automatic Train Protection (ATP) technology.
  
  

Way Ahead

• Infrastructure Investments: Since the current 7.2% investment is insufficient, raise capital expenditure for track renewal and maintenance.
• Reducing Operating Ratio: Improve internal revenue generation by using more effective freight and passenger service pricing models.
• Better Working Conditions: To reduce human error and avoid accidents, make sure that staff members receive better scheduling and training.
• By boosting electrification and investigating alternate energy sources, you can minimize operating costs and fuel prices.

Also Read Topics & Concepts:

Prelims Practice Questions

Q. Consider the following statements regarding Kavach System

1. The Indian Railways uses the Kavach Automatic Train Protection (ATP) System, which was developed domestically.
2. It was created in partnership with Indian industry by the Ministry of Railways’ Research Design and Standards Organization.

Which of the above statements are incorrect?

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Ans: d

Explanation
For the Indian Railways, Kavach is an Automatic Train Protection (ATP) system that was created domestically.
When it detects another train on the same line within a predetermined distance, it is intended to automatically stop the train.
In partnership with Indian industry, the Ministry of Railways’ Research Design and Standards Organization created it.

Mains Model Questions Q. Analyze how well Indian Railways’ policies have addressed safety issues during the previous 20 years. What effects have these regulations had on the general level of safety on the railroad system?

Introduction:
Around the turn of the millennium, Indian Railways reported around 350 major rail accidents annually; by 2022, that number had dropped to 27. Recent events, including the fatal accident at the Bahanaga Bazar station in Odisha, demonstrate persistent safety issues despite safety precautions and technical progress.

Body:

Assessment of Safety Regulations

• Technological Advancements: Advanced Signaling Systems: By using the Automatic Train Protection (ATP) system, collisions have been avoided and human error hazards have decreased.
• Predictive maintenance has reduced equipment failures by utilizing data analytics, machine learning, and the Internet of Things.
• Real-time monitoring: By enabling prompt anomaly identification using sensors, geolocation systems, and video surveillance, incident response is enhanced.
• Track Renewal and Upgrade: Derailments have decreased from approximately 350 year to 22 in 2021–2022, thanks to investments in track renewal.
• Removal of Unmanned Level Crossings: Accidents at unmanned level crossings have decreased as a result of their systematic removal.
• Rashtriya Rail Sanraksha Kosh (RRSK): a Rs 1 lakh crore fund created in 2017 specifically for important safety projects.
• Enhancement of Training Programs: Frequent refresher courses are intended to minimize human mistake in human resource development. However, events such as the Andhra Pradesh train accident in 2020 demonstrate that inconsistency in training quality limits effectiveness.
• KAVACH System: Safety has increased with the use of KAVACH, an in-house developed train collision prevention system. Its entire promise in averting accidents has not yet been achieved, nevertheless, due to its restricted deployment.
• Advanced interlocking mechanisms have been put in place to guard against signal failures. Even though these systems have decreased some errors, technological issues and insufficient coverage continue to cause accidents.

Effect on the Railway Network’s General Safety

Positive Impacts

• Accident Reduction: There has been a notable decline in train mishaps, especially collisions and derailments.
• Increased Passenger Safety: Passenger safety has increased as a result of enhanced maintenance procedures and technological developments.
• Faster Incident Response: Real-time monitoring technologies have made it possible to respond to incidents more quickly and efficiently.
  Negative Impacts
  
  
• Persistent Issues: Recurring incidents point to weaknesses that require attention.
• Human Error: Persistent human errors underscore the necessity of more training and management enhancements.
• Variability in Resource Allocation: Different regions’ uneven application of safety precautions.

Conclusion: Through increasing funding, infrastructural improvements, and technology advancements, Indian Railways has significantly improved safety. To achieve a safer railway network, it is imperative to resolve enduring issues and guarantee regular application of safety precautions. To stop accidents in the future and guarantee passenger safety, attention must be kept on utilizing technology and improving employee training.