“Curative Petition“
Context : Recently, the two Nirbhaya case convicts have filed Curative petitions in the Supreme Court. Earlier, the convicts had filed a mercy petition and review petition which has been rejected.
About “Curative Petition” :
The concept of the curative petition was first evolved by the Supreme Court of India in Rupa Ashok Hurra vs. Ashok Hurra and another case (2002) on the question whether an aggrieved person is entitled to any relief against the final judgement/order of the Supreme Court, even after the dismissal of a review petition.
Objectives : It’s objectives are twofolds- avoid miscarriage of justice and to prevent abuse of process.
Constitutional Background : The concept of the curative petition is supported by Article 137 of the Indian Constitution. It provides that in the matter of laws and rules made under Article 145, the Supreme Court has the power to review any judgement pronounced (or order made) by it. Such a petition needs to be filed within 30 days from the date of judgement or order.
Procedure:
- A curative petition may be filed after a review plea against the final conviction is dismissed.
- It can be entertained if the petitioner establishes that there was a violation of the principles of natural justice, and that he was not heard by the court before passing an order.
- It must be rare rather than regular.
- A curative petition must be first circulated to a Bench of the three senior-most judges, and the judges who passed the concerned judgment, if available. Only when a majority of the judges conclude that the matter needs hearing should it be listed before the same Bench.
- The Bench at any stage of consideration of the curative petition can ask a senior counsel to assist it as amicus curiae (Friend of the court).
- A curative petition is usually decided by judges in the chamber unless a specific request for an open-court hearing is allowed.
Grounds for Rejection : In the event of the Bench holding at any stage that the petition is without any merit, it may impose a penalty on the petitioner.
“Purvodaya” : Accelerated development of Eastern India through an Integrated Steel Hub
Context : Ministry of steel in partnership with CII and JPC is organising the launch of Purvodaya-Accelerated Development of Eastern Region through an Integrated Steel hub .
Background :
The Eastern region of India, though extremely rich in resources, lags behind other states in terms of development. Eastern states of India (Odisha, Jharkhand, chhattisgarh , West Bengal and Northern Andhra Pradesh) collectively hold ~80% of the country’s iron ore , ~100% of coking coal and significant portion of chromite, bauxite and dolomite reserves. In addition to its rich mineral reserves, these states also have a significant locational advantage. There is a presence of major ports such as Paradip, Haldia, Vizag, Kolkata etc. with >30% of India’s major port capacity, 3 major National Waterways as well as strong road, rail connectivity to most parts of the country. Despite these advantages, these states are currently behind many other Indian states in terms of economic and development indicators such as GSDP per capita and Human Development Index (HDI).
Integrated Steel Hub :
The proposed Integrated Steel Hub, encompassing Odisha, Jharkhand, Chhattisgarh, West Bengal and Northern Andhra Pradesh, would serve as a torchbearer for socio-economic growth of Eastern India.
The objective of this hub would be to enable swift capacity addition and improve overall competitiveness of steel producers both in terms of cost and quality. In addition to increased steel capacity, this hub would also help enhance best-in- class value addition capabilities. The Integrated Steel Hub would focus on 3 key elements:
- Capacity addition through easing the setup of greenfield steel plants
- Development of steel clusters near integrated steel plants as well as demand centres
- Transformation of logistics and utilities infrastructure which would change the socio-economic landscape in the East.
State Energy Efficiency Index 2019
Context : ‘State Energy Efficiency Index 2019’, which tracks the progress of Energy Efficiency (EE) initiatives in 36 states and union territories based on 97 significant indicators. The index was released on the occasion of RPM ( Review, Planning and Monitoring) meeting, which is being held on 09-10 Jan 2020 at Pravasi Bharatiya Kendra, New Delhi.
Need :
The index is developed by Bureau of Energy Efficiency (BEE) in association with Alliance for an Energy Efficient Economy (AEEE). It will help states contribute towards national goals on energy security and climate action byhelping drive EE policies and program implementation at the state and local level, tracking progress in managing the states’ and India’s energy footprint and institutionalising the data capture and monitoring of EE activities by states.
Key Takeaways for States :
State EE Index 2019 shows that majority of the initiatives taken by states are related to Policies and Regulations. Most of the first-generation energy efficiency policies prepared by BEE under programmes on Standards & Labelling (S&L), ECBC, Perform Achieve & Trade (PAT), etc. are understood by states and as the next steps they should focus on ensuring greater compliance to achieve savings. Based on the analysis of responses submitted by states this year, a three-point agenda is suggested for consideration by state agencies:
- Proactive role by states in policy formulation and implementation to shift the focus from “policies in place” to “policies successfully implemented”.
- Strengthening the mechanism for data capture, management and public availability of data: For this year’s Index, SDAs proactively contacted various state departments to gather data. However, SDAs should further enhance their engagement with state departments and private sector to enable a robust mechanism for Energy Data Management System.
- Enhancing the credibility of EE schemes: Ensuring the integrity of programs that have direct or indirect linkages with common consumers is significant to energy efficiency market transformation.States must demonstrate an approach which includes enforcement and compliance checks as well as independent monitoring and verification of savings, which is integral to all EE policies andprograms.
Pravasi Bharatiya Divas 2020
Context : Pravasi Bharatiya Divas (PBD) is celebrated on 9th January every year to mark the contribution of Overseas Indian community in the development of India.
Why 9th January :
9th January was chosen as the day to celebrate this occasion since it was on this day in 1915 that Mahatma Gandhi returned to India from South Africa and eventually led India’s freedom struggle.
Significance :
PBD conventions are being held every year since 2003. These conventions provide a platform to the overseas Indian community to engage with the government and people of the land of their ancestors for mutually beneficial activities.
These conventions are also very useful in networking among the overseas Indian community residing in various parts of the world and enable them to share their experiences in various fields.
Sources: The Hindu.
Tiger Reserves: Demand to notify certain areas of Wildlife Sanctuaries in Goa as Tiger Reserve
In News :
- Mahadayi, Netravali and Cotigao sanctuaries and some part of Mahaveer National Park in Goa has seen the presence of Tigers that has pushed Politicians & activists to demand Tiger Reserve status in these areas
- Sanctuaries and National Parks are areas of significant ecological, floral, faunal or natural significance. They are notified by State Governments and protected by the Forest Department under the provisions of the Wildlife (Protection) Act, 1972.
- A National Park or Wildlife Sanctuary that is considered significant for protecting tigers can be additionally designated as a Tiger Reserve
- A Tiger Reserve consists of a ‘Core’ or ‘Critical Tiger Habitat’, which is to be managed as an inviolate area, and a ‘Buffer’ or Peripheral area immediately abutting a Core area, which may be accorded a lesser degree of habitat protection.
- The National Tiger Conservation Authority (NTCA) is a statutory body formed in 2005-06, with an overarching supervisory/coordination role, performing functions as provided in the Wildlife (Protection) Act, 1972.
Panel Approves Scheme to Trade in Forests
Context : Recently, the Forest Advisory Committee (FAC) has approved the Green Credit Scheme. It will allow the Forest Department to outsource the responsibility of reforesting to non-government agencies, if implemented.
Key Points :
- Green Credit Scheme allows agencies (private companies, village forest communities etc.) to identify land and grow plantations. After three years, the land would be eligible to be considered as compensatory forest land if it meets the criteria set by the Forest Department. An industry needing forest land could then approach the agency and pay it for parcels of such forested land and this would then be transferred to the Forest Department and be recorded as forest land. In simpler words, it will allow forests to be traded as a commodity.
- This scheme will encourage plantation by individuals outside the traditional forest area and will help in meeting international commitments such as Sustainable Development Goals and Nationally Determined Contributions.
- It will also help in solving various industries’ complain that they find it hard to acquire appropriate non-forest land, which has to be contiguous to existing forest.
- The scheme will also supplement the Green India Mission, which is one of India’s initiatives to combat climate change.
- It aims to sequester 2.523 billion tonnes of carbon by 2020-30 and this involves adding 30 million hectares in addition to an existing forest.
- However, it does not solve the core problems of compensatory afforestation and creates problems of privatising multi-use forest areas as monoculture plantation plots.
- Earlier in 2015, a ‘Green Credit Scheme’ for degraded forest land with public-private participation was recommended but it was not approved.