Parliament passed the Advocates Amendment Bill (GS Paper 2, Governance)
Why in news?
- Recently, the Advocates Amendment Bill, 2023, was passed in the Lok Sabha. Introduced in the Rajya Sabha’s Monsoon Session on August 1, the Bill was passed by the House.
- Aimed at weeding out ‘touts’ from the legal system, the Bill repeals the Legal Practitioners Act, 1879, and amends the Advocates Act, 1961, to reduce “the number of superfluous enactments in the statute book” and repeal all “obsolete laws”.
What does the now-repealed 1879 Act state?
- The Legal Practitioners Act came into force in 1880, “to consolidate and amend the law relating to Legal Practitioners in certain provinces.”
- The Act initially extended to areas in West Bengal, Uttar Pradesh, Punjab, Bihar, Madhya Pradesh, Assam, Orissa, and Delhi. Any state government could, by notification in the Official Gazette, extend it to their states.
- Section 2 of the 1879 Act defined the term “legal practitioner” to include advocates, vakils, or attorneys of any High Court. It also introduced a new definition of the term “tout”.
- A “Tout” was defined as someone who procures, in consideration of any remuneration from any legal practitioner, the employment of a legal practitioner in any legal business; or one who proposes to any legal practitioner or anyone interested in any legal business to procure, for remuneration, the employment of the legal practitioner in such business.
- A tout is someone who procures clients for a legal practitioner in exchange for payment. The definition also included people who frequented civil or criminal courts, revenue offices, railway stations, etc. for such procurement purposes
- The Advocates Act of 1961 was passed in independent India to create a single Act to regulate the legal profession. This Act repealed a majority of the 1879 Act but left behind provisions relating to its extent, definitions, and powers to frame and publish lists of touts.
What is the Advocates Act of 1961?
- The Advocates Act, 1961, was enacted to amend and consolidate the law relating to legal practitioners and to provide for the constitution of Bar Councils and an All-India Bar.
- Before this, legal practitioners were governed by three Acts; the Legal Practitioners Act, 1879, the Bombay Pleaders Act, 1920, and the Indian Bar Councils Act, 1926.
- Post-independence, a need was felt for bringing in changes in India’s judicial administration. The Law Commission was tasked with preparing a report on reforms.
- In its 249th Report titled ‘Obsolete Laws: Warranting Immediate Repeal’, the Commission recommended repealing the 1879 Act.
- The All-India Bar Committee made its recommendations on the subject in 1953. Taking these into account, the 1961 Act was passed.
What does the Advocates Amendment Bill, 2023, say?
- The new Bill now amends the 1961 Act by inserting a new provision right after Section 45, which prescribes six months of imprisonment for persons illegally practising in courts and before other authorities.
- The new provision, Section 45A, states that the Bill enables every HC and district judge to frame and publish lists of touts. However, no person’s name will be included in any such list until they have had an opportunity to show cause against such inclusion.
- Further, any authority empowered to make lists of alleged or suspected touts can send them to any subordinate court, which, after holding an inquiry into the conduct of such persons, will allow them an opportunity to show cause. After this, the lower court will report back to the authority ordering the inquiry.
- If proven to be a tout, the person’s name will be included in the list of touts that will be published by the authority and hung in every court. The court or judge may exclude any person whose name is included in any such list from the court’s vicinity.
- Additionally, this provision punishes anyone acting as a tout “while his name is included in any such list” with imprisonment up to three months, a fine that may extend to five hundred rupees, or both.
- Section 45A of the new Bill is analogous to Section 36 of the 1879 Act. However, the 1961 Act did not include the provision. This is exactly what the new Bill sought to remedy.
World Bank launches comprehensive programme to combat air pollution crisis in India
(GS Paper 3, Environment)
Why in news?
- In response to India’s escalating air pollution crisis, affecting the entire population of 1.4 billion, the World Bank has launched a multifaceted program aimed at curbing the devastating impact of ambient particulate matter (PM)2.5 pollution.
- It includes the introduction of airshed management tools, the development of State-wide Air Quality Action Plans, and the creation of the first extensive Regional Airshed Action Plan for the Indo-Gangetic Plains (IGP), encompassing seven union territories and states.
PM 2.5 emissions in India:
- Recent data reveals that every individual in India is exposed to unhealthy levels of PM2.5, a particularly hazardous airborne pollutant.
- PM2.5, particles with a diameter of less than 2.5 microns, pose severe health risks, leading to ailments such as lung cancer, stroke, and heart disease. In 2019 alone, air pollution was responsible for 1.67 million deaths in India, constituting 17.8 per cent of the total mortality rate.
- The economic toll was equally significant, with losses of USD 36.8 billion, equivalent to 1.36 per cent of India’s Gross Domestic Product (GDP), attributed to premature deaths and morbidity caused by air pollution.
- PM2.5 emissions in India arise from diverse sources, including the combustion of fossil fuels, biomass burning, and windblown dust from construction sites and industrial plants.
- Alarmingly, over half of these emissions are formed in a “secondary” manner in the upper atmosphere, where various gaseous pollutants from different areas mix, contributing to the widespread and cross-border impact of air pollution.
Airshed approach:
- Recognizing the multi-sectoral and multi-jurisdictional nature of India’s air pollution challenge, the World Bank advocates for an “airshed” approach.
- An airshed, defined as a region with a common flow of air, extends beyond city boundaries, emphasizing the need for coordinated efforts at the sub-national level.
Initiatives by India:
- India has undertaken significant steps to address air pollution, revising ambient air quality standards, strengthening emission standards for vehicles and industries, and promoting renewable energy and electric vehicles.
- The National Clean Air Programme (NCAP), a pivotal government initiative, sets a time-bound goal to improve air quality across the country, with a particular focus on around 132 “non-attainment” cities where pollution standards are not met.
- The government’s commitment is underscored by the allocation of approximately USD 1.7 billion, based on the 15th Finance Commission’s recommendations, to combat air pollution in 42 cities with million-plus populations.
- This innovative performance-based fiscal transfer funding program is the world’s first for air quality management in cities, requiring a 15 per cent annual reduction in pollution levels.
Country Partnership Framework:
- The World Bank’s involvement in India’s Air Quality Management (AQM) is part of a phased strategy outlined in its Country Partnership Framework.
- Leveraging insights from similar projects in Mexico and China, the World Bank focuses on the densely populated Indo-Gangetic Plain, where pollution intensity is high, and the capacity to address the challenge requires significant support.
- The AQM initiative introduces tools for airshed management, facilitates the creation of State Air Quality Action Plans, and develops the first extensive Regional Airshed Action Plan for the IGP.
- Collaborative efforts with academic institutions and practitioners involve modelling to enhance air quality management in the region.
- Air quality management is recognized as an ongoing process that necessitates integration into government capabilities, business practices, and individual behaviour.
Recommendations:
- The World Bank emphasizes the importance of airshed-wide coordination, acknowledging that substantial pollution reductions cannot be achieved by addressing local emissions alone.
- India’s convergence with climate change initiatives, such as the solar-energy revolution, presents an opportunity for co-benefits.
- A study by the World Bank and the International Institute for Applied Systems Analysis (IIASA) suggests that focusing on air pollution could significantly reduce India’s CO2 emissions, contributing to climate change mitigation.
Way Forward:
- In conclusion, the comprehensive approach by the World Bank aligns with India’s commitment to cleaner air, sustainable development, and the well-being of its citizens.
- With collaborative efforts and innovative strategies, the endeavour seeks to create a paradigm shift in India’s fight against air pollution.
DRDO halts missile testing to safeguard Olive Ridley turtle nesting
(GS Paper 3, Environment)
Why in news?
- In a bid to protect Olive Ridley sea turtles during their mass nesting season from January to March 2024, India's Defence Research Development Organisation (DRDO) will temporarily halt missile testing at Wheeler Island off the Odisha coast.
Key Highlights:
- The decision aims to minimize disturbances caused by flashes of light and loud sounds during missile testing, which can distract the turtles.
- The nesting site's proximity to Wheeler Island prompted the move, as the endangered turtles face threats from hunting, with their eggs and shells used for various purposes.
- The decision comes as part of a broader strategy, including patrolling by the Army and Coast Guard to prevent trawlers and fishing boats from approaching areas where the turtles lay their eggs.
- To enhance coordination, DRDO will nominate a nodal officer, ensuring collaborative efforts with the forest department for the Olive Ridleys' safety.
Background:
- Around five lakh Olive Ridleys nested in the area in 2023, emphasizing the significance of conservation efforts.
- The committee, led by Chief Secretary P K Jena, stressed the need for advisories to coastal organizations, institutions, and industrial houses to adhere to outdoor lighting regulations.
- Furthermore, the Odisha government has already prohibited fishing along the coast near the Rushikulya rookery in Ganjam district from November 1 to May 31.
- The wildlife division has urged the director of the Integrated Testing Range (ITR) at Chandipur to allocate space outside Wheeler Island's periphery for seasonal forest camps, facilitating joint sea patrolling by marine police and the forest department.
About Olive Ridleys:
- The Olive ridley turtles are the smallest and most abundant of all sea turtles found in the world.
- These turtles are carnivores and get their name from their olive-coloured carapace.
- They are best known for their unique mass nesting called Arribada, where thousands of females come together on the same beach to lay eggs.
- They are found in warm waters of the Pacific, Atlantic and Indian oceans.
- The Odisha’s Gahirmatha Marine Sanctuary is known as the world’s largest rookery (colony of breeding animals) of sea turtles.
Way Forward:
- The comprehensive measures underscore the commitment to protecting these vulnerable sea turtles during their critical nesting season.
