UPSC CURRENT AFFAIRS – 15 August 2024 covers important current affairs of the day, their backward linkages, their relevance for Prelims exam and MCQs on main articles
InstaLinks : Insta Links help you think beyond the current affairs issue and help you think multidimensionally to develop depth in your understanding of these issues. These linkages provided in this ‘hint’ format help you frame possible questions in your mind that might arise(or an examiner might imagine) from each current event. InstaLinks also connect every issue to their static or theoretical background.
Table of Contents
GS Paper 2: (UPSC CURRENT AFFAIRS – 15 August 2024)
- Bail is the Rule, and Jail is the Exception
- G4 nations: UNSC ‘ill-equipped’ to address global challenges
Facts for Prelims (FFP)
-
Forever chemicals
-
Ballast water
-
‘FloodWatch India’ app
-
Long-range glide bomb (LRGB)
-
Tarang Shakti
-
Distributed denial-of-service (DDoS) attack
UPSC CURRENT AFFAIRS – 15 August 2024
GS Paper 2:
Bail is the Rule, and Jail is the Exception
Syllabus: Polity: Indian Judiciary
Source: HT
Context: The Supreme Court of India reaffirmed that the legal principle “bail is the rule, and jail is the exception” applies even to cases under the Unlawful Activities (Prevention) Act (UAPA).
Background of the Case:
Jalaluddin Khan, a retired police constable, was accused of harbouring suspected terrorists by renting out the upper floor of his house to alleged members of the banned organization, Popular Front of India (PFI). The National Investigation Agency (NIA) claimed that Khan was part of a criminal conspiracy to carry out acts of terror and violence. However, the Supreme Court found that there was no evidence linking him to these unlawful activities and no indication that he had any involvement in terrorist acts or preparations. Despite the serious allegations, the court ruled that he deserved bail, emphasizing that the principle of “bail is the rule, jail is the exception” must apply.
About Bail:
Topic | Information |
Definition | Bail is the release of an accused person from custody, on the undertaking that they will appear in court for their trial. |
Legal Basis | Bail in India is governed by the Code of Criminal Procedure (CrPC), which provides for the granting of bail by police and courts. |
Statutory Bail | Statutory bail is a right to bail that accrues when police fail to complete the investigation within a specified period in respect of a person in judicial custody. It is enshrined in the CrPC and is available for most offences. |
The time limit for statutory bail | 60 days to complete the investigation and file a final report (in most cases). 90- or 180-day limit for some cases. |
Regular Bail | Regular bail is granted to an accused person who is in custody and is usually granted on the basis of surety or personal bond. |
Anticipatory Bail | Anticipatory bail is granted before arrest and is meant to protect an accused person from arrest. |
Conditions for Bail | Bail may be granted with conditions, such as surrendering of passport, attending court hearings regularly, not contacting witnesses, etc. |
Eligibility | Bail eligibility depends on several factors, including the nature of the crime, severity of the offence, likelihood of fleeing from justice, past criminal record, and the strength of evidence against the accused. |
Status of under-trials | As per NCRB (National Crime Report Bureau), over the last 10 years, the number of undertrials in jails has risen constantly and in 2020, about 76% of all prison inmates in the country were undertrials (without bail) |
Legal Provisions of Bail:
- Bail in Bailable Offences (Section 479 of Bhartiya Nagarik Suraksha Sanhita, 2023):
-
- In bailable offences, the accused has a right to be granted bail.
- The maximum period for which an undertrial prisoner can be detained is limited to one-half of the maximum period of imprisonment for the offence.
- First-time offenders must be granted bail if they have been detained for over one-third of the maximum period of imprisonment for the offence.
- Special Laws Related to Bail:
-
- Specific laws like the Protection of Children from Sexual Offences (POCSO) Act, 2012, and the Protection of Women from Domestic Violence Act, 2005, also include provisions for the grant of bail.
- These provisions ensure that the rights of the accused are protected while considering the seriousness of the offences and the need for justice.
Concerns with Denial of Bail:
- Bail laws disproportionately affect marginalized groups.
- High Number of Undertrials: 75.8% of all prisoners are undertrials.
- Overcrowded Jails: Indian prisons have an occupancy rate of 131.4%.
- Impact on Vulnerable Sections: Over 60% of inmates are illiterate or have education below Class X.
- Human Rights Violations: Poor living conditions and unequal treatment in prisons.
Measures Taken:
- Plea Bargaining: Allows pre-trial negotiation between defendant and prosecution.
- E-prisons Software: Enables efficient access to inmate data by state authorities.
- Model Prison Manual 2016: Provides guidelines for undertrial inmate facilities, including legal defence and aid.
- Model Prisons Act, 2023: Focuses on the rehabilitation and transformation of inmates into law-abiding citizens.
Conclusion:
To address large-scale undertrial incarceration, it is crucial to understand its root causes, which include socio-economic and structural barriers. Developing effective bail laws requires considering undertrial demographics, offence categories, and appropriate timelines for granting bail. Additionally, there is an urgent need for bail reform, supported by empirical research, to diagnose and effectively address these issues, ensuring a more just and equitable legal system.
Insta Links:
G4 nations: UNSC ‘ill-equipped’ to address global challenges
Syllabus: International Relations
Source: TH
Context: The G4 nations, represented by India, Brazil, Germany, and Japan, have called for urgent reforms to the United Nations Security Council (UNSC), emphasizing that without addressing the current lack of representation, particularly in the permanent membership category, the UNSC is “ill-equipped” to handle modern global challenges.
Major Arguments of G4 Nation:
- The G4 nations propose expanding the UNSC membership from 15 to 25-26 members, including six new permanent members, with two from Africa, two from Asia-Pacific, one from Latin America and the Caribbean, and one from Western Europe and other states.
- The G4 stresses the importance of Africa’s representation, noting that Africa’s agenda constitutes over 70% of UNSC discussions, yet the continent lacks a permanent voice in decision-making.
- The G4 also urge for the inclusion of the Common African Position in the “Pact for the Future,” to be discussed at the upcoming UN General Assembly.
What is the United Nations (UN)?
The United Nations (UN) is an international organization established in 1945 (with the UN Charter) after World War II. United Nations Day, observed on October 24th annually since 1947, commemorates the organization’s establishment in 1945. UN’s founding principles are:
- Collective security
- Disarmament
- Peacekeeping
The UN’s structure comprises:
- General Assembly as the primary policymaking body
- The UN Security Council (UNSC) responsible for peace and security
- Specialized agencies like UNICEF and WHO focus on specific global issues such as health and Education
Issues in the Functioning of the UNSC:
- Overrepresentation: There is a huge European bias in P-5 due to the presence of the United Kingdom and France, including Russia in the UNSC
- Under-representation: While regions like Latin America, the Caribbean Group, the Arab World, and Africa do not have a single permanent member,
- Question of Veto: All five permanent members of the UNSC enjoy veto power. However, the veto has been misused to put national interests ahead of global interests.
- Non-transparent: The UNSC has been functioning in the most non-transparent and non-consultative way.
- North-South Inequality: Only China is representative of the global south region, whereas the global north has four nations to present themselves at the UNSC.
- Reflecting Colonial Mindset: Permanent veto power granted to major Allied powers, ignoring newly independent states’ voices.
- Disbursal of Funds: Decision-making skewed towards powerful nations, impacting global financial stability and aid distribution.
- Contemporary Faultlines: COVID-19, conflicts like Russia’s invasion of Ukraine, and divisions over issues like the Gaza conflict strain UN principles and cooperation.
- Clash of Chinese and US Values: US-China rivalry marks a shift, challenging traditional multilateralism.
- Multiple Crisis Confronting Multilateralism: Trust deficits, utility crises, and global emergencies strain multilateral cooperation.
- Challenges in Concepts, Methods, and Institutions: Volatile concepts, outdated negotiation methods, and inadequate institutions hamper effectiveness.
Suggestions for Reforming UN:
Suggestions | Details |
Development Reform | Implement bold changes to the UN development system. |
Establish new country teams and frameworks for sustainable development. | |
Management Reform | Simplify processes, work towards gender parity, and enhance efficiency. |
Peace and Security Reform | Restructure peace and security operations to meet modern challenges effectively. |
Security Council Reforms | Address representation gaps by including permanent members from underrepresented continents and emerging powers. |
Role of G-20: Encourage multilateral groupings as a new form of multilateralism and transform them into multi-stakeholder partnerships. | |
India | India’s NORMS reform (New orientation for a reformed multilateral system) in the changing architecture of global governance, including the UNSC, is way ahead |
India has stressed democratic status and global influence, emphasizing the Importance of an Inclusive World Order: It advocates for the UN to reflect emerging powers. It further calls for democratizing decision-making processes |
Key Highlights of the India’s Proposed Model:
Highlights | Details |
Enlarged Membership | 11 Permanent members, and 14/15 non-permanent members with a 2-year term to be elected based on current practice. |
Equitable Regional Representation | Representation of 6 new permanent members shall come from Africa (2), Asia-Pacific (2), Latin America and Caribbean (2), Western Europe and Other Member States (1). |
Working Methods of Council | An affirmative vote of 14/15 of 25/26 members will be required for a decision. |
Veto | No veto rights to new permanent members until decided by a review, held fifteen years after reform came into force. |
Relationship between UNSC and UNGA | The council should hold regular consultations with the President of UNGA, submit annual reports and special reports to UNGA, etc. |
Benefits of the proposed Model:
- Enlarged Membership: Increasing the Security Council’s membership from 15 to 25-26 allows for greater representation of diverse perspectives and regions, enhancing the Council’s legitimacy.
- Equitable Regional Representation: The proposed model ensures representation from underrepresented regions such as Africa, Asia-Pacific, Latin America, and the Caribbean, addressing the current imbalance in the Council’s composition.
- Democratic Election of New Members: New permanent members will be elected democratically by the General Assembly, promoting fairness and inclusivity in the selection process.
- Flexibility on Veto: By delaying the exercise of veto rights for new permanent members until a review is conducted, the model displays a willingness to compromise and facilitate constructive negotiations.
- Enhanced Working Methods: Requiring an affirmative vote of 14/15 members for decisions encourages consensus-building and cooperation among Council members.
- Improved Relationship with UNGA: Regular consultations with the President of the UN General Assembly and submission of reports enhance transparency and accountability, fostering a stronger relationship between the Security Council and the General Assembly.
- Greater Acceptability:g., France has expressed support for India, Japan, Brazil, and Germany’s candidacy for permanent membership and endorsed the G4 model. The U.S. acknowledged the support for expanding both permanent and non-permanent seats on the Security Council.
Limitations:
- Uncertainty in the Selection Process: The model does not specify which member states will occupy the new permanent seats, potentially leading to ambiguity and disputes during the democratic election process.
- Delayed Exercise of Veto: While the model offers flexibility on the veto issue, delaying its exercise until a review introduces uncertainty and may hinder immediate decision-making on critical matters.
- Potential Resistance from Current Permanent Members: The proposed reforms may face opposition from existing permanent members who wield veto powers, as it could dilute their influence and control within the Security Council.
- Complex Decision-Making Process: Requiring an affirmative vote of 14/15 members for decisions could lead to gridlock and inefficiency in decision-making, particularly on contentious issues where consensus is challenging to achieve.
The article should be read in continuation of the previous article: Future of United Nations: UN Reforms
Conclusion:
Looking towards the future, the 21st century presents a myriad of complex challenges, ranging from climate change to cybersecurity threats and economic inequality. Despite its imperfections, the United Nations (UN) stands uniquely positioned to address these multifaceted issues, given its convening power, diplomatic role, and extensive network of agencies.
However, realizing its full potential requires implementing reforms to enhance its effectiveness. Streamlining bureaucracy, reducing inefficiencies, and ensuring more equitable representation within the organization are crucial steps towards achieving this goal. Despite these challenges, the UN remains indispensable in global governance, humanitarian assistance, and crisis management. While the need for reform is evident, the UN’s continued role in fostering cooperation, dialogue, and collective action underscores its enduring importance in tackling the world’s most pressing problems.
About G4:
It consists of Brazil, Germany, India, and Japan, and aims to secure permanent seats on the UNSC. They mutually endorse each other’s bids for permanent membership and regularly convene during the UN General Assembly sessions.
Insta Links:
Mains Links:
What are the main functions of the United Nations Economic and Social Council (ECOSOC)? Explain different functional commissions attached to it. (10 M) (UPSC 2017)
Prelims Links:
With reference to the “United Nations Credentials Committee”, consider the following statements: (UPSC 2022)
- It is a committee set up by the UN Security Council and works under its supervision.
- It traditionally meets in March, June and September every year
- It assesses the credentials of all UN members before submitting a report to the General Assembly for approval.
Which of the statements given above is/are correct?
(a) 3 only
(b) 1 and 3
(c) 2 and 3
(d) 1 and 2
Ans: (a)
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UPSC CURRENT AFFAIRS – 15 August 2024 Facts for Prelims (FFP)
Forever chemicals
Source: DTE
Context: Researchers have developed a ground-breaking technique to track and manage “forever chemicals,” scientifically known as per- and polyfluoroalkyl substances (PFAS).
- These human-made toxic chemicals, used in various applications like waterproofing, non-stick surfaces, and food packaging, are notorious for their durability, persisting in the environment for thousands of years and causing significant pollution.
- The researchers employed nuclear magnetic resonance (NMR) spectroscopy, which uses magnetic fields and radio waves to analyse the molecular structure of these chemicals without breaking them apart.
- This method identifies unique “fingerprints” of carbon isotopes in the molecules, enabling the tracking of the chemicals from their source to their destination.
- This technique, described as a “built-in barcode” for molecules, offers a new way to trace the spread of PFAS in the environment.
The Environmental Protection Agency (EPA) in the U.S. plans to regulate these chemicals, aiming to remove them from drinking water.
Ballast water
Source: TH
Context: The expansion of seaports and minor ports is raising concerns about the arrival of invasive species along coastal areas, particularly due to ballast water carried by ships.
- A survey recorded 10 invasive species on the Kerala coast, including seaweed, bryozoan, mollusc, and ascidian species.
Ballast water, which ships use for stability, often contains a variety of marine organisms like fish, algae, and bacteria.
When discharged at new ports, these organisms can establish themselves in the local ecosystem, potentially disrupting it by preying on or competing with native species.
Additionally, ballast water can transport toxic algae, leading to harmful algal blooms and red tides.
‘FloodWatch India’ app
Source: The Print
Context: Union Minister for Jal Shakti launched version 2.0 of the ‘FloodWatch India’ mobile application.
- Developed by the Central Water Commission (CWC), the upgraded app enhances flood monitoring capabilities by integrating real-time data from 592 flood monitoring stations, a significant increase from the 200 stations in the previous version.
- Additionally, the app now includes data on the storage levels of 150 major reservoirs, helping users assess potential flood risks in downstream areas.
'FloodWatch India' employs advanced technologies like satellite data analysis and mathematical modelling to provide accurate and timely flood forecasts.
The app is designed to be user-friendly, offering information in both English and Hindi and is available in both text and audio formats.
Long-range glide bomb (LRGB)
Source: TH
Context: The Defence Research and Development Organisation (DRDO) successfully conducted the maiden flight test of the long-range glide bomb (LRGB) named Gaurav.
- The test was carried out using a Su-30MKI fighter jet of the Indian Air Force off the coast of Odisha.
Gaurav, a 1,000 kg air-launched glide bomb, is designed to strike targets at long distances with high precision using a hybrid navigation system.
The bomb was developed indigenously by the Research Centre Imarat in Hyderabad and hit its target with pinpoint accuracy during the test.
Tarang Shakti
Source: The Statesman
Context: India hosted its first-ever multinational air exercise, "Tarang Shakti," showcasing the capabilities of indigenously manufactured aircraft, including the Sarang helicopters and LCA Tejas.
- The exercise is being conducted in two phases.
- The exercise was a significant achievement, emphasizing India's focus on "Aatmanirbharta" (self-reliance) and showcasing indigenous military capabilities.
- India's Rafale, Sukhoi, and LCA Tejas aircraft were part of the first phase.
Distributed denial-of-service (DDoS) attack
Source: IE
Context: Elon Musk's live audio interview with former US President Donald Trump on the social media platform X (formerly Twitter) faced technical glitches, reportedly due to a "massive DDoS attack."
- A DDoS (Distributed Denial-of-Service) attack occurs when multiple sources overwhelm a server with excessive traffic, making it difficult for legitimate users to access the service.
- This can result in slow loading times or complete inaccessibility.
- Such attacks are harder to counter because they originate from multiple sources, often using botnets or spoofed IP addresses.
DoS (Denial of Service) and DDoS (Distributed Denial of Service) attacks disrupt online services by overwhelming them with traffic.
Attackers use various methods, including botnets—networks of compromised devices.
One common method, the "Smurf Attack," involves sending malicious ICMP broadcast packets with a spoofed IP address to flood the target's own servers. Another method, "SYN flood," involves sending incomplete connection requests, and overloading the server.
Signs of a DoS attack include slow internet speed and inability to access services, but these can also be caused by other factors.
Firewalls and security systems can verify attacks, while anti-virus software can detect and prevent them.
DoS attacks can cause significant disruption, as seen in the 2016 attack that affected major websites like Spotify, Twitter, and Amazon.
UPSC CURRENT AFFAIRS – 15 August 2024 [PDF]
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