Weekly Current Affairs (22nd to 31st August 2022) - 2 - UPSC PDF Download

Acculturation

Context: India, with its distinctive fusion of various cultures, has ideals that provide a deeper understanding of the concept of acculturation and its outcomes.

What is Meant by Acculturation?

• The concept of acculturation was coined in 1880 by American geologist John Wesley Powel in a report for the U.S. Bureau of Ethnology.
  • He defined it as the psychological changes induced in people due to cross-cultural imitation, resulting from the interaction with different cultures.
• Acculturation, in present days, is defined as the process in which a person or group from one culture comes in contact with another culture, adopting the values and practices of the other while still retaining their own distinct identity.
  • A suitable example would be the integration of Black Americans within the white American society.
• Sociologists understand acculturation as a two-way process, wherein the minority culture adopts aspects of the majority to fit in and the culture of the majority is also influenced by that of the minority.

What are the Different Outcomes of Acculturation?

• Assimilation: A study by W.I. Thomas and Florian Znaniecki in 1918 on Polish immigrants in Chicago provided a better understanding of the concept of assimilation.
• It is a process in which groups adopt a new culture that virtually replaces their original culture, leaving only traces behind.
• In assimilation, individuals or groups eventually become indistinguishable from the culture they came in contact with.
• It occurs when the importance given to one's culture is minuscule and where ‘fitting in’ is given high significance, deeming it necessary for survival in a new cultural space.
• This outcome is likely to occur in societies that are "melting pots" into which new members are absorbed.

Separation:

• It refers to the process wherein an individual/group comes in contact with a new cultural group, but does not embrace aspects of the new culture, as they wish to maintain their own unique identity without being ‘contaminated’ by the values and norms of another culture.
• The rejection of a new culture while maintaining one's own traditions and customs usually occurs in culturally or racially segregated societies.

Integration:

• Under integration, an individual/group adapts to a new culture while maintaining their original culture. It occurs where cultural adoption is considered significant for the smooth functioning of society.
• Such a strategy is used in a multicultural society with a relatively high proportion of minority groups.
• Individuals or groups who use this strategy can switch between the values and norms of the different cultures they have absorbed to interact with groups from both cultures with ease.

Marginalisation:

• It occurs when individuals/groups barely interact with a new cultural group.
• This strategy results in the isolation of the person or group, pushing them aside to the corners of society, forgotten by the rest.
• In a society where cultural exclusion is practised, it becomes almost impossible to interact and integrate with a different cultural group due to the barriers created between the two.

Transmutation:

• It is the process in which importance is placed on both maintaining one’s own culture while also adopting aspects of a new culture.
• It is different from integration in the sense that the cultures are amalgamated into creating a new one (instead of integrating and switching between the codes and conducts of two different cultures).
• Thus, a unique blend of two cultures creates a new one that is accepted by both the individuals/groups.

How Relevant is Acculturation in India’s Context?

• India’s distinctive fusion of various cultures helps significantly in understanding the concept of acculturation and its outcomes.
• Persian culture has influenced almost all aspects of Indian society; the origins of popular food items like biriyanis and faloodas and spices like saffron, and cumin seeds trace back to Persian origins.
• The Urdu language, a blend of Arabic, Persian, Turkish and Hindi, is an example of the amalgamation and transmutation of cultures.
• The architectures of Christian Churches in Kerala like the Cheriapally (small church) in Kottayam or the Pazhaya Suriyani Pally (old Syrian church) in Chengannur have marks of Hindu Temple architectural styles.
• Sculptures of Christian deities inside a lotus similar to that of Hindu deities, and sculptures of animals like cows, elephants, and monkeys carved onto the church walls are excellent examples of the integration of Hindu and Christian traditions and cultures in Indian society.

Conclusion

• Acculturation is an inevitable social process, as migration and interactions with different cultures have always been part of the evolution of civilization.
• Acculturation allows us to learn and understand new aspects of various cultures and appreciate their differences.
  • Resentment toward other cultures and the belief that one’s heritage is superior can result in the marginalisation and separation of different cultures, ultimately disrupting the functioning of a society.
• A harmonious exchange of cultures between various groups is imperative for a peaceful society.

The jurisprudence of bail

Context: Recently, the Supreme Court has reiterated that bail is the rule and jail is the exception. 

Meaning of bail

Releasing a prisoner 

• Bail connotes the process of procuring the release of an accused charged with certain offences by ensuring his future attendance in the court for trial and compelling him to remain within the jurisdiction of the court.
• In simple words it is the security required by a court for the release of a prisoner who must appear at a future time.

The objective of arrest is to deliver justice by presenting the accused before the Court. 

• However, if the same objective can be achieved without making any arrest then there is no need to violate his liberty. 
• That’s why bail can be granted to the accused person for conditional release.

Legal position of bail

Article 21 of Indian Constitution 

• Article 21 of the Constitution of India guarantees the protection of life and personal liberty to all persons. 
• It guarantees the fundamental right to live with human dignity and personal liberty, which in turn gives us the right to ask for bail when arrested by any law enforcement authority.

Section 438 of Code of Criminal Procedure in 1973

• The provision of anticipatory bail under Section 438 was introduced in the Code of Criminal Procedure in 1973.
• The term ‘Bail’ has not been defined under the Criminal Procedure Code, 1973. 
• Only the term ‘Bailable Offence’ and ‘Non-Bailable Offence’ has been defined under Section 2(a). 
• It is based on the recommendation of the Law Commission of India, which in its 41st report recommended the incorporation of a provision of anticipatory bail.

Universal Declaration of Human Rights under Article 11

• The Bail provision, especially anticipatory bail, is based on the legal principle of presumption of innocence which means that every person accused of any crime is considered innocent until proven guilty. 
• This is a fundamental principle mentioned in the Universal Declaration of Human Rights under Article 11.

Categories of bail

Bailable offences

• According to Section 2(a) of CrPC bailable offence means an offence that is classified as bailable in the First Schedule of the Code, or which is classified as bailable under any other law.
• An accused can claim bail as a matter of right if he is accused of committing a bailable offence.
• The police officer or any other authority has no right to reject the bail if the accused is ready to furnish bail.
• Under Section 436 of CrPC 1973, a person accused of a bailable offence at any time while under arrest without a warrant and at any stage of the proceedings has the right to be released on bail.

Non-bailable offences

• A non-bailable offence is defined as any offence which is not a bailable offence. 
• A person accused of a non-bailable offence cannot claim bail as a right.
• A person accused of non-bailable offences can be granted bail provided the accused does not qualify the following conditions:
• There are reasonable grounds to believe that he has committed an offence punishable with death penalty or life imprisonment.
• That the accused has committed a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment of seven years or more or if the accused been convicted on two or more instances of a cognizable and non-bailable offence.

Different types of bail

• Regular bail
  • The court orders the release of a person who is under arrest, from police custody after paying the amount as bail money. 
  • An accused can apply for regular bail under Section 437 and 439 of CrPC.
  • Interim bail
  • This is a direct order by the court to provide temporary and short term bail to the accused until his regular or anticipatory bail application is pending before the court. 
  • The Supreme Court noticed the misuse of interim bail by the accused in Rukmani Mahato vs. the State of Jharkhand.
•  Anticipatory bail
  • This is a direct order of Sessions or High Court to provide pre-arrest bail to an accused of a crime. 
  • When the person has an apprehension of being arrested, the person can apply for anticipatory bail.

Distinction between Bail and the anticipatory bail

• Under section 437 of the code, it has been stated that a regular bail is available and granted to a person after the arrest when he is in the judicial or police custody,  however in the case of an anticipatory bail is available to a person before the arrest or if the person has reasonable apprehension of arrest. 

Cancellation of bail

• Under Section 437(5) of CrPC, the court which has granted bail can cancel it, if found necessary under certain conditions. 
• As per Section 439(2), the Sessions Court, High Court, or Supreme Court can, suo moto, cancel the bail granted to the accused and transfer the accused to custody. 
• As per Section 389(2), an appellate court can also cancel the bail of the accused and order the accused to be arrested and sent to custody. 

Cases related to the provision of Bail

• Digendra Sarkar
  • Under Section 438 of the CrPC, the application for anticipatory bail applied even before the First Information Report is registered. 
  • So, First Information Report cannot be a condition precedent to applying for anticipatory bail. 
• Suresh Vasudeva vs. State
  • Section 438(1) applies only to non-bailable offences. 
• Sushila Agarwal vs. State
  • The Supreme Court held that anticipatory bail should not be for a fixed period, but it is open to the court to limit the tenure of anticipatory bail if any special condition necessitates the same.
• Gurbaksha Singh Sibbia and others vs.the State of Punjab – the Supreme Court opined :
  • There are no provisions in the CrPC regarding time boundness of granting pre – arrest anticipatory bail.
  • The concerned court has the discretion to impose conditions for grant of anticipatory bail including a limited period of protection etc., subject to considering any special circumstances required.

Conclusion 

• Safeguarding liberty: The objective behind enacting Section 438 is to safeguard the liberty of a person.
  • While Courts have time and again emphasised the need to uphold the liberty of individuals and protect them from arbitrary arrests, one needs to remember that anticipatory bails are not a matter of right like other types of bail.
• The need for anticipatory bail arises mainly when any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence.
  • Anticipatory bail is concerned with the liberty of a person and presumes their innocence.
• Malimath Committee Report: The Malimath committee gave its observation regarding the provision of anticipatory bail. 
  • They stated that the provision of section 438 is often misused by the people. 
  • Such misuse of the provision is illegal.

After Agnipath, Need of a Nitipath for Civil Services

Context: Recently the independent views on the requirement of “Nitipath” for the civil services along the lines of “Agnipath” were articulated.

General viewpoint

• Many aspects of the Agnipath scheme offer a model for civil service recruitment.
• Years of service:
  • Experts have called for officers to be filtered out after 10, 25 and 30 years of service. 
• Boost to recruitment:
  • The government can recruit four times as many candidates at the entry level without being constrained by the number of apex-level positions and career paths. 
  • Instead of 600-1,000 candidates appointed to the All India Services, we can have 4,000 officers entering service every year. 
  • Only 25% of them will be retained after a performance review after the fourth year. 
• Options for retired officers:
  • The 3,000 or so officers leaving the Union civil service after the fourth year can be employed in the state services, where there is a crisis of selection, a massive shortfall and acute demand for better governance.

Agnipath Recruitment Scheme

About

• Around 45,000 to 50,000 soldiers will be recruited annually, and most will leave the service in just four years. 
• Of the total annual recruits, only 25 percent will be allowed to continue for another 15 years under permanent commission.
• Recruits under the scheme will be known as “Agniveers”. 

Features:

• Enrolment in all three services: Centralised online system to conduct rallies & campus interviews  at recognised technical institutes such as the Industrial Training Institutes, and the National Skills Qualifications Framework.

Eligibility criteria: 

• It is only for personnel below officer ranks. 
• On an ‘All India All Class’ basis with the eligibility age ranging from 17.5 to 21 years, with medical and physical fitness standards.
• Educational qualification: Class X-XII
• Recruitment will be done twice a year.

Significance

• Rectifying the existing structure:
  • This would rectify the top-heavy structure, and create a culture of public service and performance.
• Encouraging youths in the administration: 
  • This will bring a lot of young and energetic officers at the junior levels, give them strong incentives to perform, and give them work experience in government. 
  • Youthful, trained and experienced managerial cadre will benefit the broader economy.
• Batter Quality assessment:
  • The average quality of the top 4,000 all-India rank holders will not be markedly different from that of the top 1,000. 
  • So, a four-year review period will allow the government to get a better pick than merely exam and interview scores.
• Beneficial outcomes:
  • Filling vacancies has a massive impact on outcomes. 
  • For instance, experts estimate that on average 48% of the sanctioned positions at Block Development Offices (BDOs) are vacant, and filling them would increase NREGA employment by 10%.
• Better proportion of the officials to its population:
  • It is well-known that we have too few administrators, police officers, diplomats and other officials as a proportion of the population, and consistently fall short of world averages. 
  • Experts point out that while the federal government in the US had just over 8 civilian employees per 1,000 population in 2014, India had 4.51, down from 8.47 in 1995. 
  • The capacity is especially weak at the local government level. 

What is Civil Service Reform?

• Civil Service Reform is a deliberate change effort by the government to improve its capacity to effectively and efficiently execute policies.
• The purpose of ‘reform’ is to reorient the Civil Services into a dynamic, efficient, and accountable apparatus for public service delivery built on the ethos and values of integrity, impartiality and neutrality.
• The reform is to raise the quality of public services delivered to the citizens and enhance the capacity to carry out core government functions, thereby leading to sustainable development.

Recent reforms

Mission Karmayogi:

• It was launched in 2020 with the objective of enhancing governance through “Civil Service Capacity Building”.

Aim: 

• Comprehensive reform of the capacity building apparatus at individual, institutional and process levels for efficient public service delivery”.
• To prepare civil service officers for the future by making them more “creative, constructive, imaginative, innovative, proactive, professional, progressive, energetic, enabling, transparent and technology-enabled.'

Focus:

• On promoting ease of living and ease of doing business, by considerably enhancing the citizen-government interface. 
• This involves creation of both functional and behavioural competencies among the civil servants.

Significance: 

• It will improve human resource management practices among the officers.
• It will focus more on role-based management. It will aim to allocate roles and jobs based on the competencies of the officers.

‘Lateral Entry’ into Bureaucracy:

• The term lateral entry means the appointment of specialists and experts, mainly those from the private sector, in government organizations and ministries. 

Aim: 

• To recruit outstanding individuals, with expertise in revenue, financial services, economic affairs, agriculture, cooperation and farmers’ welfare, road transport and highway, civil aviation, commerce among many other sectors to serve for the benefit of the country.
• Right talent for the right role is the principle behind it.

Details:

• These lateral entrants into the civil service will be offered a three-year contract, which the government can extend to five years depending on performance.

India’s Battery Storage Potential: NITI Aayog

Context: Recently, NITI Aayog has released a report titled “Advanced Chemistry Cell Battery Reuse and Recycling Market in India”, stating India’s Battery demand will increase significantly by 2030.

What are the Findings of the Report?

Demand Projections:

• The total cumulative potential for battery storage in India will be 600 GWh by 2030.
• Between 2010 and 2020, the global demand for batteries grew at a compound annual growth rate (CAGR) of 25% to reach an annual demand of about 730 GWh.
• By 2030, the demand for batteries is expected to grow four folds to reach an annual rate of 3,100 GWh.

Current Deployment of Batteries:

• The current deployment of Lithium-Ion Batteries (LIBs) in India is dominated by consumer electronics, which comprises smartphones, laptops, notebooks, tablets and is further expected to grow with the digitalisation of platforms and the integration of technology in day-to-day life with a cumulative market of 4.5 GWh.

Drivers:

• EVs (Electric Vehicles) and consumer electronics will be the major demand drivers for the adoption of battery storage in India.
• EV sales accounted for around 10% of the LIB (0.92 GWh).
• The electrification of transportation and battery energy storage in electricity grids are expected to be the key drivers in the growth of battery demand.

Suggestions:

• A coherent regulatory framework incentivising all stakeholders to participate in the recycling process can help in the development of a battery recycling ecosystem in the country.

What are Lithium-ion Batteries?

About:

• It uses an intercalated (Intercalation is the reversible inclusion or insertion of a molecule into materials with layered structures) lithium compound as one electrode material, compared to the metallic lithium used in a non-rechargeable lithium battery.
• The battery consists of electrolyte, which allows for ionic movement, and the two electrodes are the constituent components of a lithium-ion battery cell.
• Lithium ions move from the negative electrode to the positive electrode during discharge and back when charging.

Lithium-ion Battery Applications:

• Electronic gadgets, Tele-communication, Aerospace, Industrial applications.
• Lithium-ion battery technology has made it the favourite power source for electric and hybrid electric vehicles.

MoU for Multi Modal Logistics Park

Context: Recently, the Government of India has signed the tripartite agreement for swift development of modern Multi Modal Logistics Parks (MMLP) under Bharatmala Pariyojna across the country.

• The objective is to centralize freight consolidation and reduce logistics cost from 14% to less than 10% of Gross Domestic Product at par with International Standards.

What do we need to know about the Agreement?

• The tripartite agreement was signed by:
  • National Highways Logistics Management Limited (NHLML):
  • It is a Special Purpose Vehicle (SPV) of the National Highway Authority (NHAI) of the Ministry of Road Transport & Highways
• Inland Waterways Authority of India (IWAI):
  • It is a statutory authority under the Ministry of Ports, Shipping & Waterways.
• Rail Vikas Nigam Limited (RVNL)
  • It is wholly owned Public Sector Enterprise under the Ministry of Railways.
• The agreement underlines the cooperation & collaboration model between the three bodies in order to achieve efficiency in logistics movement within the country.
• It will provide seamless modal shift, MMLPs will ensure that cargo is swapped/shifted from and to Waterways, Dedicated Freight Corridors & Road Transport.

What is a Multi Modal Logistics Park (MMLP)?

About:

• Developed under a ‘Hub & Spoke’ model, the MMLP will integrate multiple modes of freight transport through highways, railways & inland waterways.
• The Multi Modal Logistic Park project is poised to develop state-of-the-art large scale warehousing facilities for different types of commodities, to become a one stop solution for all services related to cargo movement like warehousing, custom clearance, parking, maintenance of trucks etc.
• It will have all the facilities like warehouses, railway siding, cold storage, custom clearance house, yard facility, workshops, petrol pumps, truck parking, administrative building, boarding lodging, eating joints, water treatment plant, etc.

Focus:

• The MMLPs will focus on a technology driven implementation for a state-of-the-art freight management system.
• Many value-added services like packaging, repackaging and labelling will be available in these projects.
• MMLP will be a freight handling facility for mechanised material handling and value-added services along with other associated facilities.

What is Bharatmala Pariyojna?

About:

• Bharatmala Pariyojana is an umbrella program for the highways sector envisaged by the Ministry of Road Transport and Highways.

Focus:

• It calls for improvement in efficiency of existing corridors through development of Multimodal Logistics Parks and elimination of choke points.
• It enhances focus on improving connectivity in North East and leveraging synergies with Inland Waterways.
• North East Economic corridor enhancing connectivity to state capitals and key towns.
• Multimodal freight movement via 7 Waterway terminals on River Brahmaputra – Dhubri, Silghat, Biswanath Ghat, Neamati, Dibrugarh, Sengajan, Oriyamgh.
• It emphasizes the use of technology & scientific planning for project preparation and asset monitoring.
• It calls for seamless connectivity with neighboring countries:
  • 24 Integrated check posts (ICPs) identified
  • Transit through Bangladesh to improve North East connectivity
  • Integrating Bangladesh – Bhutan – Nepal and Myanmar – Thailand corridors which will make NorthEast hub of East Asia
  • Satellite mapping of corridors to identify upgradation requirements

Objectives:

• To optimise the efficiency of freight and passenger movement across the country by bridging critical infrastructure gaps through effective interventions.
• The effective interventions include the development of economic corridors, inter corridors and feeder routes, national corridor efficiency improvement, border and international connectivity roads, coastal and port connectivity roads and greenfield expressways.
• Economic Corridors:
  • These are integrated networks of infrastructure within a geographical area designed to stimulate economic development.
• Greenfield Projects:
  • They lack constraints imposed by prior work on the site. Typically, it entails development on a completely vacant site and architects start completely from scratch.
• Brownfield Projects:
  • They carry constraints related to the current state of the site and might be contaminated or have existing structures that architects have to tear down or modify in some way before the project can move forward.
• To generate a large number of direct and indirect employment opportunities in the construction and infrastructure sector and also as part of the enhanced economic activity resulting from better road connectivity across the country.
• To connect 550 districts in the country through national highway linkages.

The Competition (Amendment) Bill, 2022

Context: Recently, the Bill to amend the Competition Act, 2002, was finally tabled in the Lok Sabha.

What was the Need to Bring these Amendments?

New Age Market:

• As the dynamics of the market change rapidly due to technological advancements, artificial intelligence, and the increasing importance of factors other than price, amendments became necessary to sustain and promote market competition.

Issue of Acquisition:

• According to section 5 of the act, parties indulging in mergers, acquisitions, or amalgamation need to notify the Competition Commission of India of the combination only on the basis of asset or turnover.

Gun Jumping:

• It happens when the two or more combining parties close a notified transaction before the approval or have consummated a reportable transaction without bringing it to the Commission’s knowledge.

Hub-and-Spoke Cartels:

• A Hub-and-Spoke arrangement is a kind of cartelization in which vertically related players act as a hub and place horizontal restrictions on suppliers or retailers.
• At present, the prohibition on anti-competitive agreements only covers entities with similar trades that engage in anti-competitive practices.
• This ignores hub-and-spoke cartels operated at different levels of the vertical chain by distributors and suppliers.

What are the Proposed Amendments?

Deal value Threshold:

• The new Bill proposes to add a deal value threshold.
• Further, it will be mandatory to notify the Commission of any transaction with a deal value in excess of ₹2,000 crores and if either of the parties has substantial business operations in India.

Substantial Business Operations:

• The Commission shall frame regulations to prescribe the requirements for assessing whether an enterprise has substantial business operations in India.
• It will strengthen the Commission’s review mechanism, particularly in the digital and infrastructure space, a majority of which were not reported earlier, as the asset or turnover values did not meet the jurisdictional thresholds.

Speed Up Clearance of Combination:

• For any business entities wanting to execute a combination, they must inform the Commission.
• Earlier it had 210 days to approve the combination, after which it is automatically approved.
• The new amendment accelerated the timeline from 210 working days to only 150 working days with a conservatory period of 30 days for extensions.
• It will speed up the clearance of combinations and increase the importance of pre-filing consultations with the Commission.

Gun Jumping:

• Earlier the penalty for gun-jumping was a total of 1% of the asset or turnover which is now proposed to be 1% of the deal value.

Exemption of Open Market Purchases:

• It proposes to exempt open market purchases and stock market transactions from the requirement to notify the Commission in advance.

Hub-and-Spoke Cartels:

• The amendment broadens the scope of ‘anti-competitive agreements’ to catch entities that facilitate cartelisation even if they are not engaged in identical trade practices.

Settlements and Commitments:

• The new amendment proposes a framework for settlements and commitments for cases relating to vertical agreements and abuse of dominance.
• As in the case of vertical agreements and abuse of dominance, the parties may apply for a commitment before the Director General (DG) submits the report.
• As per the amendment, the Commission's decision regarding commitment or settlement will not be appealable after hearing all stakeholders in the case.

Other Major Amendments:

• Provision of Leniency Plus: It allows the commission to give an additional waiver of penalties to an applicant who discloses the existence of another cartel in an unrelated market, provided the information enables the Commission to form a prima facie opinion about the existence of the cartel.
• Appointment of Director General: The appointment of a Director General by the Commission rather than the Central government gives the Commission greater control. It gives the Commission greater control.
• Guidelines Regarding Penalties: The Commission will develop guidelines regarding the number of penalties for various competition violations. For an appeal to be heard by the National Company Law Tribunal (NCLT) against the Commission’s order, the party will have to deposit 25% of the penalty amount.

Way Forward

• With the new changes, the Commission should be better able to manage certain aspects of the New Age market and make its operation more robust.
• The proposed changes are undoubtedly necessary; however, these are highly dependent on regulations subsequently notified by the Commission.
• In addition, the government must recognize that market dynamics are constantly changing, so laws need to be updated regularly.

What is the Competition Commission of India?

About:

• The Competition Commission of India (CCi) was established in March 2009 by the Government of India under the Competition Act, 2002 for the administration, implementation, and enforcement of the Act.
• It primarily pursues three issues of anti-competitive practices in the market:
  • Anti-competitive agreements.
  • Abuse of dominance.
  • Combinations.

Objectives:

• Eliminate practices having adverse effects on competition.
• Promote and sustain competition.
• Protect the interests of consumers.
• Ensure freedom of trade in the markets of India.
• Establish a robust competitive environment through:
• Proactive engagement with all stakeholders, including consumers, industry, government, and international jurisdictions.

Composition:

• The Commission consists of one Chairperson and six Members who shall be appointed by the Central Government.
• The commission is a quasi-judicial body which gives opinions to statutory authorities and also deals with other cases.
• The Chairperson and other Members shall be whole-time Members.