Daily Current Affairs for UPSC IAS | 8th November 2021

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UPSC Current Affairs: Urban Floods | Page – 1

UPSC Syllabus: Mains – GS Paper III – Disaster Management

Sub Theme: NDMA Guidelines – Flood Management | UPSC
In 2010, NDMA had issued guidelines on Urban Flood Management in India

  • Create a National Hydro-meteorological Network.
  • The guidelines say that for providing early warning, the Central Water Commission (CWC) should maximize the real-time hydro-meteorological network to cover all urban centres to effectively deal with the problem of urban flooding.
  • Use of Doppler Weather Radars to be expanded to cover all urban areas in the country
  • An inventory of the existing storm water drainage system to be prepared. The inventory will be both watershed-based and ward-based.
  • Catchment to be the basis for planning and designing the stormwater drainage systems in all ULBs
  • All future road and rail bridges in cities crossing drain to be designed such that they do not block the flows resulting in backwater effect.
  • Every building in an urban area must have rainwater harvesting as an integral component of the building utility.
  • Low-lying areas in cities have to be reserved for parks and other low-impact human activities.
  • Encroachments on the drain should attract penal action.
  • Pre-monsoon desilting of all major drains to be completed by March 31 each year.
  • Urban Flooding has to be dealt as a separate disaster, de-linking it from riverine floods which affect the rural areas.
  • Suitable interventions in the drainage system like traps, trash racks can be provided to reduce the amount of solid waste going into the storm sewers.
  • Inlets to be provided on the roads to drain water to the roadside drains and these have to be designed based on current national and international practices.
  • Every building in an urban area must have rainwater harvesting as an integral component of the building utility.
  • Concept of Rain Gardens to be incorporated in planning for public parks and on-site stormwater management for larger colonies and sites that are to be developed.
  • Flood hazard assessments should be done on the basis of projected future scenarios of intensities and duration of the rainfall and land-use changes.

NITI Aayog’s report on Reforms in Urban Planning 

  • Master plans are statutory instruments to guide and regulate the development of cities and are critical for managing urbanization as well as ‘spatial sustainability
  • Need to build smart and carbon positive cities
  • Convergence of multi-sectoral efforts at the intersections of spatial planning, public health, and socio-economic development
  • Formation of an apex committee at the state level to undertake a regular review of planning legislations
  • Enabling citizens’ participation at relevant stages

 

UPSC Current Affairs:CRPF | Page 10

UPSC Syllabus: Mains – GS Paper III – Security Forces & their Mandate

Sub Theme: CRPF Duties | UPSC

Central Reserve Police Force

  • Originally constituted as the Crown Representative Police in 1939, it is one of the oldest Central paramilitary forces.
  • Renamed as Central Reserve Police Force by an Act of Parliament on December 28, 1949.
  • It helped the Union Government in disciplining the rebellious princely States of Junagarh and the small principality of Kathiawar in Gujarat

Objective:

  • Maintain Rule of Law, Public Order and Internal Security effectively and efficiently,
  • Preserve National Integrity and Promote Social Harmony and Development by upholding supremacy of the Constitution.

Duties performed by the CRPF include:

  • Crowd/ Riot control
  • Counter Militancy/Insurgency operations
  • Dealing with Left Wing Extremism
  • Protection of VIPs and vital installations
  • Checking environmental degradation and protection of local Flora and Fauna
  • Fighting aggression during War time
  • Participating in UN Peacekeeping Mission
  • Rescue and Relief operations at the time of Natural Calamities

 

UPSC Current Affairs:Map of Sudan and East Africa | Page 1

UPSC Syllabus: Prelims: World Map

Sub Theme: World Map | Sudan | UPSC

Sudanese security forces fired tear gas at multiple anti-coup rallies, with protesters in several cities joining a call for two-days of civil disobedience against last month’s military takeover. Hundreds of anti-coup protesters rallied in the capital Khartoum, as well as in its twin city of Omdurman, Wad Madni to the south, and the northern city of Atbara. Anti-coup protests have occurred since the October 25 power grab by the Army, but have been met by a deadly crackdown. At least 14 demonstrators have been killed and about 300 wounded, according to the independent Central Committee of Sudan’s Doctors.

 

UPSC Current Affairs:A new jurisprudence for political prisoners (Lead) | Page 6

UPSC Syllabus: Prelims: Security | Mains: GS Paper III – Security | GS-Paper 2 – Governance

Sub Theme: Bail under Section 43(D)(5) | UPSC

Context: Supreme Court in the case of Thwaha Fasal vs Union of India has changed the understanding and perspective of Section 43(D)(5) of Unlawful Activities Prevention Act thereby making it easier to get bail for accused charged under sections of UAPA. Earlier, Supreme Court in National Investigation Agency vs Zahoor Ahmad Shah Watali (2019) has provided a narrow and strict interpretation of Section 43(D)(5) of UAPA which made it difficult to get bail for accused charged under UAPA.

About Section 43(D)(5)       

It says that person accused under Chapter IV (Punishment for Terrorist Activities) or under Chapter VI (Terrorist Organisations and Individuals) of UAPA – SHALL NOT BE RELEASED ON BAIL – If the Court after going through the investigation report or case diary prepared by the Police – is of the opinion that there are reasonable grounds for believing that the accusation against such person is prima facie true.

National Investigation Agency vs Zahoor Ahmad Shah Watali (2019) Impact of the Judgment
Burden is on the accused to show that the charges framed by state under UAPA is not prima facie true.

 

Court prohibited a thorough and deeper examination or investigation into materials and evidence – as per Section 43(D)(5)

Due to such a narrow interpretation of Section 43(D)(5) by Courts – bail pleas were rejected even  when evidence were false or fabricated.

 

Many people including Sudha Bharadwaj, Siddique Kappan and even Stan Swamy were denied bail based on a narrow interpretation of the bail provision as done in Zahoor Ahmad Shah Watali judgment.

Thwaha Fasal vs Union of India Impact of the Judgment
Bail was denied earlier by High Court on narrow interpretation of Section 43(D)(5).

 

However, the Supreme Court was liberal and expressed clearly that mere association with a terrorist organisation is not sufficient to attract the offences alleged. Unless and until the association and the support were “with intention of furthering the activities of a terrorist organisation”, offence under Section 38 or Section 39 is not made out.

 

Section 38 – . Offence relating to membership of a terrorist organisation

 

Section 39 – Offence relating to support given to a terrorist organisation

The Court also held that mere possession of documents or books by the accused at a formative young age, or even their fascination for an ideology, does not ipso facto or ipso jure make out an offence.

Impact of Thwaha Faisal judgment was also visible in the Three Judge SC judgment in the case of Union of India vs K.A. Najeeb.

 

The Court held that even the stringent provisions under Section 43D(5) do not curtail the power of the constitutional court to grant bail on the ground of violation of fundamental rights.

 

This allows constitutional reading of the law keeping in mind the aspects of human rights under Article 21 as compared to earlier strict and narrow reading of the provisions.

 

Thwaha Fasal judgment has asserted the primacy of judicial process over the text of the enactment, by way of interpretation by also keeping the aspects of human rights in mind.

 

Conclusion – The Article concludes by saying that Thwaha Fasal judgment should be invoked to release other political prisoners in the country who have been denied bail either due to the harshness of the law or due to the follies in understanding the law or both.  It will help in changing the philosophy of law (jurisprudence) for prisoners booked under UAPA.

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