08 February 2023

DAILY CURRENT AFFAIRS ANALYSIS

1 – Noise Pollution: GS III – Environmental Conservation related issues

 What is noise pollution, according to Indian law:

• Noise is defined as any disagreeable sound, according to the Central Pollution Control Board. Noise is defined as any unwelcome sound that irritates, irritates, or hurts the human ear.

What is the greatest noise level that can be tolerated:

• The permissible levels of noise in various locations during the day and night have been established by rules. Daytime begins at 6 a.m. and ends at 10 p.m., while nighttime begins at 10 p.m. and ends at 6 a.m.
• During the day, the noise limit in business zones is 65 decibels, and at night, it is 55 decibels. In residential areas, the noise levels are 55 dB during the day and 45 dB at night.
• In industrial regions, the ceiling is set at 75dB during the day and 70dB at night, respectively, whereas in quiet zones, the ceiling is set at 50dB and 40dB.
• The Noise Pollution (Regulation and Control) Rules of 2000 are a collection of regulations governing noise pollution regulation and control.
• Section 2 (a) of the Air (Prevention and Control of Pollution) Act of 1981 classifies noise as a “air contaminant.” According to reports, a “air pollutant” is any solid, liquid, or gaseous chemical that is or tends to be harmful to humans, other living beings, plants, property, or the environment when present in the atmosphere in concentrations that are or tend to be harmful to humans, other living beings, plants, property, or the environment.
• The Environment (Protection) Act, 1986, contains the Noise Pollution (Regulation and Control) Rules, which regulate and control noise pollution and its causes.
• The Act, among other things, imposes a set ambient tolerable noise level and limits the use of loudspeakers, sound-emitting construction equipment, horns, and cracker cracking.

What are the rules and requirements for loudspeakers?

• Noise pollution offences, such as the use of loudspeakers or public addresses, can result in a Rs 10,000 fine, according to the Central Pollution Control Board.
• When a loudspeaker, public address system, or other noise source is used, the noise level at the public place’s perimeter must not exceed 10 decibels (A) above the area’s ambient noise restrictions, or 75 decibels (A), whichever is lower.
• According to the guidelines, a loudspeaker or public address system may only be used with explicit permission from the appropriate authority.
• Exemption: During any cultural or religious festive occasion that lasts less than 15 days in a calendar year, the state government may provide an exemption for a limited time.

What is the impact of noise pollution on one’s health:

• While noise pollution is less well-known than air and water pollution, it is known to be harmful to people’s health.
• According to the World Health Organization, over 1.1 billion young people (aged 12–35 years) are at risk of hearing loss as a result of noise exposure (WHO).
• The World Health Organization (WHO) has said that there is sufficient evidence that nighttime noise exposure causes self-reported sleep disturbance and that noise-induced sleep disturbance is a health concern.
• There is evidence that interrupted sleep causes weariness, accidents, and lower performance, according to the WHO, albeit the evidence is limited.
• Physical disorders caused by increased noise include temporary hearing loss, headaches, and a rise in blood pressure.

Source The Hindu

2 – Extradition: GS II – International Relations

 Background:

• L K Advani, then-Deputy Prime Minister, told the Portuguese government in December 2002 that the maximum sentence for gangster Abu Salem would not exceed 25 years.

Extradition is defined as follows:

• According to the Hon’ble Supreme Court of India, “extradition is the surrender by one state to another of persons whom it is intended to deal with for crimes of which they have been accused or convicted and are justifiable in the courts of the other state.”

When will one be able to begin it:

• An extradition request may be made in the case of under-investigation, under-trial, and convicted criminals.
• In circumstances when a law enforcement agency is investigating, it must take great care to ensure that it has prima facie evidence to support the claim in a foreign state’s court of law.

What is the legal basis for extradition in India:

• India’s legal basis for extradition is established under the Extradition Act of 1962. It standardised the procedures for extraditing convicts from India to other countries. The Indian Extradition Act of 1962 was significantly altered by Act 66 of 1993.

Who is the central authority for extradition in India:

• The Ministry of External Affairs’ Consular, Passport and Visa (CPV) Division is the Central/Nodal Authority that administers the Extradition Act and processes incoming and outgoing Extradition Requests.

An alleged criminal may not be extradited to the requesting state in the following circumstances:

• If there is no treaty in force, states are not obligated to extradite immigrants or nationals.
• Extradition is usually limited to crimes listed in the treaty that may differ in reference to one State against another, as the treaty stipulates.
• Military and Political Offenses – Extradition may be forbidden primarily for military and political offences. Terrorist activities and violent crimes are not included in the definition of political crimes for the purposes of extradition treaties.
• Lack of Dual Criminality – Dual criminality occurs when the act that causes the offence is criminal in both India and the other country.
• If the procedural criteria of the Extradition Act of 1962 are not met, extradition may be denied.

Source The Hindu

3 – Draft Protection and Enforcement of Interests in Aircraft Objects Bill 2022 GS II – Government Policies and Interventions

Some of the bill’s highlights are as follows:

• The bill implements the terms of the Convention on International Interests in Mobile Equipment and Protocol on Matters Specific to Aircraft Equipment, which were passed at a meeting in Cape Town in 2001.
• Both instruments were signed by India in 2008.
• Creditor default remedies are provided, as well as a legal framework for settling disputes.
• When fully implemented, the rule will make it simpler for international aircraft leasing companies to repossess and transfer planes out of India in the case of a financial dispute with an Indian airline, at a time when many regional airlines are unable to hire jets.
• The proposed law allows for the repossession of an aviation object, its sale or lease, or the collection of money from its use, as well as the de-registration and export of planes.
• It also provides remedies while a claim is being adjudicated and protects a debtor’s claim from an Indian buyer during bankruptcy procedures.

A prerequisite for:

• Several Indian laws, such as the Companies Act of 2013 and the Insolvency and Bankruptcy Code,
• According to the government, the Bankruptcy Code of 2016 is in contravention of the Cape Town Convention and Protocol.
• According to the research, international financial institutions’ demands for regulatory enactment have harmed Indian businesses.

The Cape Town Convention on International Mobile Equipment Interests:

• It is an international treaty aimed at making the transfer of movable property easier.
• 83 nations, including India, have signed and ratified the Convention and Protocol.
• The treaty defines international standards for the registration of contracts of sale, security interests, leases, and conditional sales contracts, as well as a variety of legal remedies for default in financing agreements, such as repossession and the impact of individual state bankruptcy laws.

The convention comprises four protocols, each of which is tailored to a certain type of mobile equipment:

• Instrumentation for aircraft (aircraft and aircraft engines; signed in 2001).
• Railway rolling stock is a type of rolling stock that is used on trains (signed in 2007).
• Assets in orbit (signed in 2012).
• Mining, agriculture, and construction equipment (signed in 2019).

Source The Hindu

4 – China Pakistan Economic Corridor: GS II – International Relations

 Background:

• The CPEC Authority was established in 2019 by an ordinance with the purpose of accelerating CPEC-related operations, identifying new growth drivers, and exploiting the potential of interconnected production networks and global value chains via regional and global connections.

CPEC is an acronym for Comprehensive Plan for Environmental Control.

• The CPEC, which began operations in 2015, is the centrepiece of China’s multibillion-dollar Belt and Road Initiative (BRI), which is President Xi Jinping’s favourite project aimed at strengthening Beijing’s worldwide influence through China-funded infrastructure projects.
• The 3,000-kilometer China–Pakistan Economic Corridor is made up of highways, railroads, and pipelines (CPEC).
• CPEC aims to link the city of Gwadar in South Western Pakistan with China’s Xinjiang region in the northwestern province of Xinjiang via a massive network of motorways and trains.
• The proposed project would be financed using heavily subsidised Chinese bank loans that will be distributed to the Pakistani government.

India is concerned for several reasons:

• It progresses through PoK.
• The China-Pakistan Economic Corridor (CPEC) is predicated on a Chinese goal to secure and shorten supply routes through Gwadar, as well as a larger presence in the Indian Ocean. As a result, it is widely thought that after CPEC is done, India’s influence will be weakened by a major Chinese presence in the Indian Ocean.
• According to others, if the CPEC succeeds in altering Pakistan’s economy, it will be a “red rag” for India, which will continue to benefit from a wealthier and stronger Pakistan.
• Furthermore, both China and Pakistan have a substantial trust deficit with India, as well as a history of conflict with both. As a result, despite appeals for a more pragmatic approach to the project, no advocate has been able to overcome the basic tension threads that continue to afflict India’s relations with China and Pakistan.

Source The Hindu