1-Aug-2022: Parliament passes the Indian Antarctic Bill, 2022 aimed at having India’s own national measures for protecting the Antarctic environment and dependent and associated ecosystem
Parliament today passed the Indian Antarctic Bill, 2022, which aims at having India’s own national measures for protecting the Antarctic environment as also the dependent and associated ecosystem. After the Bill was passed by Lok Sabha on 22nd July, it was cleared by Rajya Sabha today after it was moved by Minister of Earth Sciences, Dr Jitendra Singh.
Speaking about the Bill, Union Minister of State (Independent Charge) Science & Technology; Minister of State (Independent Charge) Earth Sciences; MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr Jitendra Singh said, the bill is in pursuant to India’s accession to Antarctic Treaty, the Protocol on Environment Protection (Madrid Protocol) to the Antarctic Treaty and to the Convention on the Conservation of Antarctic Marine Living Resources.
Dr Jitendra Singh pointed out that the main aim of the Bill is also to ensure de-militarization of the region along with getting it rid of mining or illegal activities. It also aims that there should not be any nuclear test / explosion in the region.
Dr Jitendra Singh pointed out that the Bill provides a harmonious policy and regulatory framework for India’s Antarctic activities through well-established legal mechanisms and will help in efficient and elective operations of Indian Antarctic Programme. It will also facilitate India’s interest and pro-active involvement in the management of growing Antarctic tourism and sustainable development of fisheries resources in Antarctic waters. It will also help in increased international visibility, credibility of India in Polar governance leading to international collaboration and cooperation in scientific and logistics fields.
Dr Jitendra Singh also elaborated that the continuing and growing presence of Indian scientists in Antarctica in the research stations with concurrent commitment to Antarctic studies and protection of fragile Antarctic ecosystem warrants adoption of domestic legislation on Antarctica consistent with its obligations as a member of Antarctic Treaty System. The enforcement of such laws will confer Jurisdiction on the courts of India to deal with any dispute or crimes committed in parts of Antarctica. Legislation of such a kind will bind the citizens to the policies of the Antarctic treaty system. This will also be useful in building credibility and enhancing the status of the Country globally.
The Bill also proposed to set-up the Indian Antarctic Authority (IAA) under the Ministry of Earth Sciences, which shall be the apex decision making authority and shall facilitate programmes and activities permitted under the Bill. It shall provide a stable, transparent and accountable process for the sponsorship and supervision of Antarctic research and expeditions; ensure the protection and preservation of the Antarctic environment; and shall ensure compliance by Indian citizens engaged in the Antarctic programs and activities with relevant rules and internationally agreed standards. Secretary, Ministry of Earth Sciences will be the Chairperson of the IAA and the IAA will have official members from the concerned India Ministries and decisions will be by consensus.
India today has two operational research stations in Antarctica named Maitri (Commissioned in 1989) and Bharati (Commissioned in 2012). India has successfully launched 40 annual scientific expeditions to Antarctica till date. With Himadri station in Ny-Alesund, Svalbard, Arctic, India now belongs to the elite group of nations that have multiple research stations within the Polar Regions.
The Convention on the Conservation of Antarctic Marine Living Resources was signed at Canberra on the 20th day of May, 1980, inter alia, for the protection and preservation of the Antarctic environment and, in particular, for the preservation and conservation of marine living resources in Antarctica. India ratified the Convention on 17th June, 1985 and is a member of the Commission for Conservation of Antarctic Marine Living Resources under that Convention. The Protocol on Environmental Protection to the Antarctic Treaty was signed at Madrid on 4th October, 1991, inter alia, to strengthen the Antarctic Treaty system and for the development of a comprehensive regime for the protection of the Antarctic environment and dependent and associated ecosystems. India signed the Protocol on Environmental Protection to the Antarctic Treaty on 14th January, 1998. Antarctica lies south of 60 ñ South Latitude, which is a natural reserve, devoted to peace and science and should not become the scene or object of any international discord.
22-Jul-2022: Lok Sabha passes the Indian Antarctic Bill, 2022 aimed at having India’s own national measures for protecting the Antarctic environment and dependent and associated ecosystem
Lok Sabha today passed the Indian Antarctic Bill, 2022 moved by Minister of Earth Sciences Dr Jitendra Singh. The Bill aims at having India’s own national measures for protecting the Antarctic environment as also the dependent and associated ecosystem.
Speaking about the Bill, Union Minister of State (Independent Charge) Science & Technology; Minister of State (Independent Charge) Earth Sciences; MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr Jitendra Singh said, the main aim is to ensure de-militarization of the region along with getting it rid of mining or illegal activities. It also aims that there should not be any nuclear test / explosion in the region.
The bill is in pursuant to India’s accession to Antarctic Treaty, the Protocol on Environment Protection (Madrid Protocol) to the Antarctic Treaty and to the Convention on the Conservation of Antarctic Marine Living Resources.
Dr Jitendra Singh pointed out that the Bill provides a harmonious policy and regulatory framework for India’s Antarctic activities through well-established legal mechanisms and will help in efficient and elective operations of Indian Antarctic Programme. It will also facilitate India’s interest and pro-active involvement in the management of growing Antarctic tourism and sustainable development of fisheries resources in Antarctic waters. It will also help in increased international visibility, credibility of India in Polar governance leading to international collaboration and cooperation in scientific and logistics fields.
Dr Jitendra Singh also elaborated that the continuing and growing presence of Indian scientists in Antarctica in the research stations with concurrent commitment to Antarctic studies and protection of fragile Antarctic ecosystem warrants adoption of domestic legislation on Antarctica consistent with its obligations as a member of Antarctic Treaty System. The enforcement of such laws will confer Jurisdiction on the courts of India to deal with any dispute or crimes committed in parts of Antarctica. Legislation of such a kind will bind the citizens to the policies of the Antarctic treaty system. This will also be useful in building credibility and enhance the status of the Country globally.
The Bill also proposed to set-up Indian Antarctic Authority (IAA) under the Ministry of Earth Sciences, which shall be the apex decision making authority and shall facilitate programmes and activities permitted under the Bill. It shall provide a stable, transparent and accountable process for the sponsorship and supervision of Antarctic research and expeditions; ensure the protection and preservation of the Antarctic environment; and shall ensure compliance by Indian citizens engaged in the Antarctic programs and activities with relevant rules and internationally agreed standards. Secretary, Ministry of Earth Sciences will be the Chairperson of the IAA and the IAA will have official members from the concerned India Ministries and decisions will be by consensus.
India today has two operational research stations in Antarctica named Maitri (Commissioned in 1989) and Bharati (Commissioned in 2012). India has successfully launched 40 annual scientific expeditions to Antarctica till date. With Himadri station in Ny-Alesund, Svalbard, Arctic, India now belongs to the elite group of nations that have multiple research stations within the Polar Regions.
The Antarctic Treaty was signed at Washington D.C. on the 1st December, 1959 and was initially signed by 12 countries. Since then, 42 other countries have acceded to the Treaty. A total of fifty-four State Parties to the Treaty, twenty-nine countries have the status of Consultative Party with a right to vote in the Antarctic Consultative Meetings and twenty-five countries are Non-Consultative Parties having no right to vote. India signed the Antarctic Treaty on the 19th August, 1983 and received the consultative status on the 12th September, 1983.
The Convention on the Conservation of Antarctic Marine Living Resources was signed at Canberra on the 20th day of May, 1980, inter alia, for the protection and preservation of the Antarctic environment and, in particular, for the preservation and conservation of marine living resources in Antarctica. India ratified the Convention on 17th June, 1985 and is a member of the Commission for Conservation of Antarctic Marine Living Resources under that Convention. the Protocol on Environmental Protection to the Antarctic Treaty was signed at Madrid on 4th October, 1991, inter alia, to strengthen the Antarctic Treaty system and for the development of a comprehensive regime for the protection of the Antarctic environment and dependent and associated ecosystems. India signed the Protocol on Environmental Protection to the Antarctic Treaty on 14th January, 1998. Antarctica lies south of 60 ñ South Latitude, which is a natural reserve, devoted to peace and science and should not become the scene or object of any international discord.
1-Aug-2022: Safety of Dams
As per the National Register of Large Dams 2019 compiled by the Central Water Commission based on the information provided by the project authorities, India has 5334 completed and operational large dams while 411 large dams are under construction.
Union Government has enacted the Dam Safety Act 2021, which became effective from 30th December 2021. The Act provides a comprehensive frame work for proper surveillance, inspection, operation and maintenance of all the large dams of the country for ensuring their safe functioning and to avoid dam failure related disasters. The Act also provides for empowered institutional framework for dam safety both at the level of Centre and States and will also help in standardizing and improving uniform dam safety practices across the country.
Responsibility for safety of dams, including its operation and maintenance rests primarily with dam owners which are mostly the State Governments and Central/State Public Sector Units. During extreme weather events, especially during the monsoon season, dams are to be operated as per the rule curve and the Operation & Maintenance manual. All the dam owners are required to have O&M manual containing standard operating procedures for their dams/reservoirs in place before commissioning of the dam. Dam Safety Act 2021 also emphasizes the necessity of O&M Manual for every specified dam. As per the Dam Safety Act 2021, every owner of the specified dam shall ensure that a well-documented operation and maintenance manual is kept at each of the specified dam and are followed at all times. Further, every owner of the specified dam shall prepare an Emergency Action Plan for each of their specified dam to deal with any emergency conditions arising at the dams.
Dam Safety Act 2021 is having the provision for setting up empowered institutional framework for dam safety both at the Central and State level. At national level, Central Government has constituted the National Committee on Dam Safety which shall discharge functions to prevent dam failure related disasters and maintain standards of dam safety and evolve dam safety policies and recommend necessary regulations.
Further as per the provisions of the Dam Safety Act 2021, State Governments are mandated to constitute the State Committee on Dam Safety which shall ensure proper surveillance, inspection, operation and maintenance of all specified dams in that State and ensure their safe functioning.
18-Jul-2022: Implementation of dam safety act, 2021
As per the information provided by the State Governments, 20 States have constituted the State Committee on Dam Safety (SCDS) and 16 States have established the State Dam Safety Organisation (SDSO) in compliance of the provisions of the Dam Safety Act, 2021 within the stipulated deadlines as prescribed in the Act.
The Central Government and the National Dam Safety Authority are pursuing with the State Governments which have not formed the SCDS and SDSO yet. As a result, 3 more States have constituted SCDS and 4 more States have established SDSO after the mandated deadline of June 30, 2022.
7-Apr-2022: Dam Safety
The safety of the dams is the primary responsibility of the dam owners, mainly being State Governments. The Dam Safety Act (DSA), 2021, provides for an institutional framework for prevention of dam failure related disaster through proper surveillance, inspection, operation and maintenance of the specified dams in India. The DSA, 2021 in no way seeks to alter or dilute the States' ownership of specified dams, or their role in day-to-day operation and management of such dams. The provisions of the Act are aimed at strengthening and empowering the States' own dam safety institutional arrangements, with technical and professional inputs from central institutions.
The DSA, 2021 has a provision for the constitution of a National Committee on Dam Safety by the Government of India, consisting of 21 members, which includes seven representatives of the State Governments as Members of the Committee. In parallel to this the States are mandated to constitute State Committee on Dam Safety and State Dam Safety Organization, in which the members are to be nominated by the State Governments concerned.
The water resources projects are planned, funded, executed and maintained by the concerned State Governments as per their own resources and priority. The Land Acquisition (LA) and Rehabilitation and Resettlement (R&R) works of such projects are also carried out by the concerned State Governments as per the applicable Act, Rules or/and guidelines.
29-Jul-2022: Child Care Institutions
The Ministry of Women and Child Development is administering the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act, 2015) which is the primary legislation for ensuring safety, security, dignity and well-being of children. The Act provides for protection of children in need of care and protection and those in conflict with law by catering to their basic needs through care, protection, development, treatment and social re-integration. It defines standards of care and protection to secure the best interest of child.
Under the JJ Act, 2015 (Sections 27-30), the Child Welfare Committees have been empowered to take decisions with regard to the children in need of care and protection, keeping their best interest in mind. They are also mandated to monitor the functioning of the Child Care Institutions (CCIs). Similarly, the Juvenile Justice Boards are empowered to take decisions regarding the welfare of children in conflict with law (Sections 04-09). At the national and state level, the JJ Act, 2015 provides the National/State Commissions for Protection of Child Rights to monitor the implementation of the Act (Section 109). The National Commission for Protection of Child Rights (NCPCR) was constituted in 2007 to ensure protection of rights of all children.
Under section 54 of the Juvenile Justice (Care and Protection of Children) Act, 2015, the State Governments have to appoint Inspection Committees and under section 53, to assess the basic facilities and infrastructure of the Institution for maintaining their standards. Also section 32 to 34 of JJ Act, 2015 mentions the procedure for mandatory reporting including offence for non-reporting and penalty. Amendments in JJ Act in 2021 have made District Magistrate as the nodal authority in district for child care and protection. He also has powers of inspection of CCIs.
Further, The Ministry regularly follows up with the State/ UT Governments so as to ensure that Child Care Institutions (CCIs) adhere to standards of care as per the JJ Act, 2015 provisions. Various advisories have been sent to all State/UTs regarding mandatory inspection of all CCIs.
The Ministry is implementing a centrally sponsored scheme namely Mission Vatsalya to support to States and UT Governments for delivering services for children in need of care and in difficult circumstances, including for the children in Child Care Institutions (CCIs), which provide/support for boarding & lodging; age-appropriate education; access to vocational training; recreation; health care; counselling etc. Under the scheme guidelines, States/UTs have been instructed for mandatory Police verification of the CCI staff and other staff engaged at State and District level, prior to their appointment to prevent such abuse.
9-Feb-2022: Regular Monitoring Mechanism For Protection Of Child Rights
The Ministry of Women and Child Development is administering the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act, 2015) which is the primary legislation for ensuring safety, security, dignity and well-being of children. The Act provides for protection of children in need of care and protection and those in conflict with law by catering to their basic needs through care, protection, development, treatment and social re-integration. It defines standards of care and protection to secure the best interest of child.
Under the JJ Act 2015 (Sections 27-30), the Child Welfare Committees have been empowered to take decisions with regard to the children in need of care and protection, keeping their best interest in mind. They are also mandated to monitor the function of the Child Care Institutions (CCIs). Similarly, the Juvenile Justice Boards are empowered to take decisions regarding the welfare of children in conflict with Law (Sections 04-09). At the National and State level, the JJ Act authorizes the National/State Commissions for Protection of Child Rights to monitor the implementation of the Act (Section 109).
Further, the National Commission for Protection of Child Rights (NCPCR) was constituted in 2007 to ensure protection of rights of all children.
The Ministry is implementing a Centrally Sponsored Scheme, namely, Child Protection Services (CPS) Scheme – Mission Vatsalya to support to States and UT Governments for delivering services for children in need of care and in difficult circumstances including for Child Care Institutions (CCIs), which inter-alia support for age-appropriate education, access to vocational training, recreation, health care, counselling etc.
30-Jul-2021: Homeless Children
Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) is the primary law for children in the country. As per Section 2 (14) (vi) of the JJ Act, a child who does not have parents and no one is willing to take care of, or whose parents have abandoned or surrendered him is included as a “child in need of care and protection.” The Act provides a security net of service delivery structures including measures for institutional and non-institutional care to ensure comprehensive well-being of children in distress situations. The Ministry is implementing a centrally sponsored Child Protection Services (CPS) Scheme under the umbrella Integrated Child Development Services scheme for supporting the children in difficult circumstances. Under the scheme institutional care is provided through Child Care Institutes (CCIs), as a rehabilitative measure. The programmes and activities in Homes inter-alia include age-appropriate education, access to vocational training, recreation, health care, counselling etc. Under the non-institutional care component, support is extended for adoption, foster care and sponsorship. Further CPS also provides for “After care” services after the age of 18 years to help sustain them during the transition from institutional to independent life. The data for homeless children is not maintained centrally by the Ministry. The primary responsibility of execution of the Act and implementation of Scheme lies with the States/UTs. "Mission Vatsalya" subsuming CPS Scheme, has been announced in Union Budget 2021-22, with a Budget of Rs.900 crore allocated for current financial year.
28-Jul-2021: Parliament Passes Juvenile Justice (Care and Protection of Children) Amendment Bill 2021
The Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021, which seeks to amend the Juvenile Justice Act, 2015, was passed in the Rajya Sabha, today. The bill was introduced in the Parliament by the Government in the Budget session this year. It was passed in Lok Sabha on 24.03.2021.
While introducing the bill, Smt. Smriti Zubin Irani, Union Minister for Women and Child Development stressed upon the necessity for entrusting District Magistrates with the responsibility of care and protection of vulnerable children in light of the prevailing inadequacies in the system. She recounted the commitment of the Parliament towards prioritising India’s children above all issues.
The amendments include authorizing District Magistrate including Additional District Magistrate to issue adoption orders under Section 61 of the JJ Act, in order to ensure speedy disposal of cases and enhance accountability. The District Magistrates have been further empowered under the Act, to ensure its smooth implementation, as well as garner synergized efforts in favour of children in distress conditions. As per the amended provisions of the Act, any Child Care Institutions shall be registered after considering the recommendations of the District Magistrate. The DM shall independently evaluate the functioning of District Child Protection Units, Child Welfare Committees, Juvenile Justice Boards, Specialized Juvenile Police Units, Child care Institutions etc.
The eligibility parameters for appointment of CWC members have been redefined. Criteria for disqualification of the CWC members has also been introduced to ensure that only the persons capable of rendering quality service with requisite competence and integrity are appointed to CWC.
Presently there are three categories (petty, serious and heinous) defined under the Act which are referred to, while considering the cases of children in conflict with law. However, it was observed that some of the offences do not strictly fall under any of these categories. It has been decided that offences where the maximum sentence is more than 7 years imprisonment but no minimum sentence has been prescribed or minimum sentence of less than 7 years is provided, shall be treated as serious offences within this Act.
Several difficulties faced in implementation of various provisions of the Act have also been addressed and Suitable amendments to remove these difficulties arising in the interpretation of various provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 and to clarify the scope of certain provisions of the Act have also been introduced.