Daily Current Affairs 07-March-2020

Daily Current Affairs 07-March-2020

Today’s Important Topic’s For UPSC Preparation 1. SUPREME COURT UPHOLDS 2018 ORDER ON LAND ACQUISITION. 2. UKP PROJECT. 3. WHEN LAWYERS REFUSE TO DEFEND ACCUSED, WHAT WILL BE THE LAW. 4. RAJKUMARI AMRIT KAUR. 5. ZARDOZI. 6. EPFO. 7. FLASH DROUGHT. SUPREME COURT UPHOLDS 2018 ORDER ON LAND ACQUISITION Land Acquisition In India:

Land acquisition in India refers to the process by which the union or a state government in India acquires private land for the purpose of industrialisation, development of infrastructural facilities or urbanisation of the private land, and provides compensation to the affected land owners and their rehabilitation and resettlement.

Land acquisition in India is governed by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR) and which came into force from 1 January 2014. Till 2013, land acquisition in India was governed by Land Acquisition Act of 1894.

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: Land Acquisition Act, 2013 is an Act of Indian Parliament that regulates land acquisition and lays down the procedure and rules for granting compensation, rehabilitation and resettlement to the affected persons in India.

The Act has provisions to provide fair compensation to those whose land is taken away, brings transparency to the process of acquisition of land to set up factories or buildings, infrastructural projects and assures rehabilitation of those affected.

The Act establishes regulations for land acquisition as a part of India’s massive industrialisation drive driven by public-private partnership.

The Act replaced the Land Acquisition Act, 1894, a nearly 120-year-old law enacted during British rule.

Since the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LAAR) came into force in 2013, Section 24(2) of the Act has been mired in controversy.

Section 24(2): States that in case of land acquisition proceedings, if a developer fails to take possession of land acquired under the old laws for five years, or if compensation is not paid to the owner, the land acquisition process would lapse. The process would then have to be re-initiated under LAAR, which would allow the owner to get better compensation.

Difference of opinion between benches: In 2014, a three-judge bench of the apex court, in the Pune Municipal Corporation vs Harakchand Misirimal Solankicase, held that acquisition proceedings initiated under the 1894 Act, which were initiated five years before the 2013 law was enacted, would lapse if the land in question was not taken control of, or if compensation was not paid to displaced farmers.

The judgment, which was delivered by a bench comprising Justices R.M. Lodha, M.B. Lokur and Kurian Joseph, came as a relief for land owners.

However, in 2018, another three-judge bench of Justices Arun Mishra, Adarsh Kumar Goel and Mohan Shantanagoudar declared the judgment in the Pune Municipal Corporatecase “per incuriam” in the Indore Development Authority vs Shailendra (D) Through LRS & Ors The judgment was delivered with a 2:1 majority, with Justice Shantanagoudar dissenting.

A judgment can be declared per incuriamif it does not follow a statutory provision or a binding precedent that may have been relevant. It literally translates to “through lack of care”. In such scenarios, a judgment can be declared to be without any legal force, and is then not treated as a valid precedent.

The fresh judgment held that if a landowner refuses to accept the compensation offered by the developer, they cannot take advantage of their own wrongdoing and have the acquisition proceedings lapse under the old law. This came as a relief for developers.

Reference to larger bench: Days after the 2018 judgment, another three-judge bench comprising Justices M.B. Lokur, Kurian Joseph and Deepak Gupta stayed the operation of the Indore Development Authority Justices Lokur and Joseph were part of the earlier bench that delivered the Pune Municipal Corporation

judgment.

This bench directed the high courts across the country to not decide any case on the basis of the new ruling, and requested apex court judges to defer hearing and not pass any orders in other cases pending before the Supreme Court.

This bench essentially took objection to the 2018 three-judge bench overruling a precedent laid down by a coordinate bench, because in common law, judgments by larger benches or those with equal number of judges are binding on other benches. Hence, a three-judge bench cannot override the judgment of another three-judge bench. It can only record its difference of opinion and request for the case to be considered by a larger bench, to set a binding precedent.

Why in News?

Land owners who refuse to accept compensation cannot press for cancellation of acquisition SC said the benefit should go to land owners, agriculturists and not intermediaries.

A bench headed by Justice Arun Mishra and comprising of Justi ces Indira Banerjee, Vineet Saran, M.R. Shah and Ravindra Bhat clarified that acquisition will be deemed to have lapsed only when government authorities fail to take possession and pay compensation.

A five-judge Bench, led by Justice Arun Mishra, held that landowners, who had refused to accept compensation or who sought reference for higher compensation, cannot claim that the acquisition proceedings had lapsed under Section 24(2) of the 2013 Act. With this, the Constitution Bench has affirmed the February 2018 ruling on Section 24 by a three-judge Bench, led by Justice Mishra himself, in the Indore Development Authority case. The Bench has overruled an earlier co-ordinate Bench ruling in the Pune Municipal Corporation case of 2014.

SUPREME COURT UPHOLDS 2018 ORDER ON LAND ACQUISITION

UKP PROJECT The Upper Krishna Project consists of construction of two dams across the river Krishna and a network of canals. The main storage is at Almatti Dam, a few kilometers downstream of the confluence of Ghataprabha River and Krishna river.

A lower dam, Narayanpur Dam, situated at Narayanpur a few Kilometer downstream of the confluence of Malaprabha river and Krishna river, will serve as a diversion dam.

The Project is planned to be implemented in different Stages and Phases.

Stage-I of the project plans to utilise 119 TMC of water to irrigate 4,25,000 Hectares Stage-II 54 TMC of water will be utilised, to irrigate 1,97,120 Hectares.

The Krishna Water Dispute Tribunal – II passed an award for sharing of Krishna Water on 30-122010. The allocations made by Krishna Water Dispute Tribunal – II at 65% dependability and for surplus flows among three riparian states of Maharashtra, Karnataka and Andhra Pradesh are under: 1

Maharashtra

81 TMC

2

Karnataka

177 TMC

3

Andhra Pradesh 190 TMC

Out of allocation of 177 TMC of water to the Karnataka State under KWDT – II, 130.90 TMC is the share of Upper Krishna Project Stage – III. UKP

Why in News?

Karnataka Chief Minister B S Yediyurappa announced Rs 10,000 crore would be earmarked for the implementation of the long-pending Upper Krishna Project (UKP) stage-III in 2020-21, and an action plan would be prepared.

UKP Stage-III would increase the height of the Almatti dam and allow for complete utilisation of state’s share of Krishna river water allocation.

To take up the all-important UKP stage-III and for resettlement and rehabilitation (R&R) of about 20 villages (that will be affected) for year 2020-21, Rs 10,000 crore would be earmarked and action plan prepared.

WHEN LAWYERS REFUSED TO DEFEND ACCUSED, WHAT WILL BE THE LAW What does the Constitution say about the right of an accused to be defended?

Article 22(1) gives the fundamental right to every person not to be denied the right to be defended by a legal practitioner of his or her choice.

Article 14 provides for equality before the law and equal protection of the laws within the territory of India.

Article 39A, part of the Directive Principles of state policy, states that equal opportunity to secure justice must not be denied to any citizen by reason of economic or other disabilities, and provides for free legal aid.

What has the Supreme Court said about such resolutions by bar associations?

In 2010, a Supreme Court Bench of Justices Markandey Katju and Gyan Sudha Mishra dealt with the illegality of such resolutions (A S Mohammed Rafi vs State of Tamil Nadu).

The 2010 case arose from a confrontation between a lawyer and policemen in Coimbatore in 2006, after which lawyers passed a resolution to not allow any lawyer to represent the police personnel. The Madras High Court ruled this “unprofessional�, after which lawyers appealed in the Supreme Court.

How are professional ethics of lawyers defined?

The Bar Council of India has Rules on Professional Standards, part of the Standards of Professional Conduct and Etiquette to be followed by lawyers under the Advocates Act. An advocate is bound to accept any brief in the courts or tribunals, at a fee consistent with his standing at the Bar and the nature of the case.

How frequent are resolutions not to defend an accused?

Various bar associations across the country have passed such resolutions over the years. Among the prominent cases: After the 2008 terror attack in Mumbai, a resolution was passed against representing Ajmal Kasab. A Legal Aid lawyer was assigned the brief but he refused, while another who agreed to defend Kasab faced threats. Subsequently, a lawyer was appointed and given police security.

After the 2012 gangrape in Delhi, lawyers in Saket court passed a resolution not to defend the accused.

In Hyderabad last year, the Bar Association passed a resolution against representing four men who had been arrested for the rape and murder of a veterinary doctor, and who were later killed in an alleged encounter.

Have lawyers faced action for such resolutions?

A writ petition was filed in the Uttarakhand High Court after the Kotdwar Bar Association passed a resolution stating that anyone who represented the accused in the murder case of an advocate would have their membership of the Bar terminated.

The court held the resolution null and void. It directed the State Bar Council to initiate action against office-bearers of the Bar Association if such resolutions were passed in the future.

It also said that action under Section 15(2) of the Contempt of Courts Act, 1971, can be considered against advocates who interrupt court proceedings.

WHEN LAWYERS REFUSED TO DEFEND ACCUSED, WHAT WILL BE THE LAW

Why in News?

LAST MONTH, the Karnataka High Court observed that it is unethical and illegal for lawyers to pass resolutions against representing accused in court.

This was after local bar associations had objected to four students arrested for sedition being defended in court.

RAJKUMARI AMRIT KAUR Before taking up the position of a Health Minister, Kaur was Mahatma Gandhi’s secretary.

Rajkumari Amrit Kaur was the first woman in independent India who joined the Cabinet as the Health Minister and remained in that position for 10 years. she founded the Indian Council for Child Welfare.

She also laid the foundation of the All India Institute of Medical Sciences (AIIMS) and Lady Irwin College in Delhi in the following years.

Born into the Kapurthala royal family, she was educated in Oxford and returned to India in 1918, and began to be drawn towards the work and teachings of MK Gandhi.

In 1936, Gandhi wrote to her the following, “I am now in search of a woman who would realise her mission. Are you that woman, will you be one?”.

Apart from joining the nationalist freedom struggle, Kaur also began work on a number of other social and political issues such as the purdah system, child marriage and the Devadasi system.

When the civil disobedience movement took off in the 1930s, Kaur dedicated her life to it.

Kaur was jailed after the Quit India movement and carried to the jail a spinning wheel, the Bhagwat Gita and the Bible.

Further, while Kaur advocated for equality, she was not in favour of reservations for women and believed that universal adult franchise would open the doors for women to enter into the legislative and administrative institutions of the country. In light of this, she believed that there was no place left for reservation of seats.

Why in News?

Former prime minister Indira Gandhi and freedom fighter Rajkumari Amrit Kaur are mentioned in TIME magazine’s list of the 100 most powerful women who defined the last century in a new project that aims to feature those women who were “often overshadowed”.

RAJKUMARI AMRIT KAUR

ZARDOZI An ancient art of sewing gold and silver threads on a fabric, Zardozi comes from the land of Persia.

An embroidery that was once used to embellish royal garments, the art flourished in the 17th century during the rule of Mughal emperor Akbar.

Original Zardozi work used gold and silver threads as well as pearls and precious stones, and the choice of fabrics too had to be royal.

However, today’s Zardozi work uses a combination of copper wire with silver or golden polish and silk threads.

The Geographical Indication Registry (GIR) has accorded theGeographical Indication (GI) registration to the Lucknow Zardozi – the world renowned textile embroidery.

Registered under the brand of‘Lucknow Zardozi’, the registration has been secured by Kalatmak Handicrafts Self Help Group Foundation, Lucknow.

The Zardozi products manufactured in areas in Lucknow and six surrounding districts of Barabanki, Unnao, Sitapur, Rae Bareli, Hardoi and Amethi have now become a BRAND and will carry a registered logo to confirm their authenticity.

Geographical Indications Registry: Geographical Indications Registry is responsible for the administration of laws relating to Geographical Indication of Goods (Registration and Protection) Act, 1999.

They are also covered under Articles 22 to 24 of the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement, which was part of the Agreements concluding the Uruguay Round of GATT negotiations.

India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration & Protection)Act, 1999 has come into force with effect from 15th September 2003.

What is a Geographical Indication?

It is an indication It originates from a definite geographical territory.

It is used to identify agricultural, natural or manufactured goods

The manufactured goods should be produced or processed or prepared in that territory.

It should have a special quality or reputation or other characteristics.

Benefits of Geographical Indication: It confers legal protection to Geographical Indications in India Prevents unauthorised use of a Registered Geographical Indication by others It provides legal protection to Indian Geographical Indications which in turn boost exports.

It promotes economic prosperity of producers of goods produced in a geographical territory.

How long the registration of Geographical Indication is valid?

The registration of a geographical indication is valid for a period of 10 years It can be renewed from time to time for further period of 10 years each.

If a registered geographical indication is not renewed it is liable to be removed from the register.

How a geographical indication is different from a trade mark?

A trade mark is a sign which is used in the course of trade and it distinguishes goods or services of one enterprise from those of other enterprises. Whereas a geographical indication is an indication used to identify goods having special characteristics originating from a definite geographical territory.

Jurisdiction: A Geographical Indications Registry with all India jurisdiction operates in Chennai, as per the Geographical Indication of Goods (Registration and Protection) Act 1999.

ZARDOZI

EPFO Ministry of Labour and Employment: EPFO is an organization tasked to assist the Central Board of Trustees.

Employees’ Provident Fund a statutory body formed by the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952.

EPFO assists the Central Board in administering a compulsory contributory Provident Fund Scheme, a Pension Scheme and an Insurance Scheme for the workforce engaged in the

organized sector in India.

It is also the nodal agency for implementing Bilateral Social Security Agreements with other countries on a reciprocal basis.

The schemes cover Indian workers as well as International workers (for countries with which bilateral agreements have been signed.

The EPFO’s apex decision making body is the Centrald of Trustees (CBT).

On 1 October 2014, Prime Minister of India Narendra Modi launched Universal Account Number for Employees covered by EPFO to enable PF number portability.

Why in News?

The Employees’ Provident Fund Organisation (EPFO) said that Pension Payment Order (PPO) and Universal Account Number (UAN) numbers are now available on the government’s e-locker service DigiLocker.

UAN is important for salaried employees as it helps them keep track of their various Employees’ Provident Fund (EPF) accounts.

PPO number is a unique 12-digit number that helps pensioner receive their pension. Further, while submitting life certificate, it is important to mention this PPO number.

What is a DigiLocker?

The DigiLocker account allows you to store the scanned copies of all your documents on the cloud and provides access to these when required.

FLASH DROUGHT In its simplest form, flash drought is the rapid onset of drought.

In contrast with conventional drought, which is mainly driven by lack of precipitation, flash drought usually includes abnormally high temperatures, winds, and/or incoming radiation that leads to abnormally high evapotranspiration (ET) rates.

Flash droughts occur more often than perceived and can cause major agricultural losses if they are not predicted and detected in a timely manner.

In fact, flash drought has recently developed in the Mid-Atlantic and Southeast regions.

The prediction of flash droughts on subseasonal timescales is of critical importance for impact assessment, disaster mitigation, and loss prevention.

Flash droughts had severe impacts and occurred when regular drought conditions rapidly intensified.

Flash droughts could occur in weeks and stay on for months (subseasonal to seasonal time periods).

Early-warning systems (EWS) that could identify trends in climate and sources of water were needed to detect the emergence or probability of the occurrence of flash droughts, according to the study.

FLASH DROUGHT

WORDS OF THE DAY Mala fide: In bad faith; with intent to deceive.