20 September 2022

DAILY CURRENT AFFAIRS ANALYSIS

No.	Topic Name	Prelims/Mains
1.	Death Penalty	Prelims & Mains
2.	Windfall Tax	Prelims & Mains
3.	Vande Bharat Train	Prelims Specific Topic
4.	Lashkar – e – Taeba	Prelims Specific Topic

1 – Death Penalty: GS II – Topic Judiciary Related Issues

Context:

Following the discovery of two adolescent Dalit girls’ bodies hanging from a tree under the Nighasan police station area on Wednesday, the Lakhimpur Kheri district of Uttar Pradesh is making national news for the wrong reasons once more. The accused of raping the girls before killing them has now been urged to receive the death penalty by the victims’ families.

Recent findings of the Supreme Court:

In March 2022, Justice Lalit, taking a hint from the Bachan Singh decision, concluded that in situations involving death sentences, providing “full assistance” to the court would need the production of both the case’s evidence and the prisoner’s most recent mental health records.

Bachan Singh v. State of Punjab, Supreme Court decision (1980):

• This decision mandated a comparative review of the aggravating and mitigating circumstances in relation to the accused and established the “rarest of rare” crime doctrine when imposing the death penalty.
• The ruling stated that in order to determine whether the death penalty is the only appropriate punishment in the circumstances of the case, the court must carefully examine both the offence and the offender.
• The aggravating and mitigating aspects that rely on the specific facts and circumstances of the case should also be highlighted.

State of Punjab v. Machi Singh, 1983:

• In this judgement, the Supreme Court clarified the “rarest of rare” doctrine and established some guiding rules for situations involving death penalties.
• The way in which the crime was committed, the reason behind the crime’s commission, the gravity of the crime, and the identity of the victim were all considered aggravating circumstances.
• The likelihood of an accused person’s reformation and rehabilitation, as well as his mental health and background, made up the mitigating circumstances.

Regarding the application and imposition of the death penalty in its most recent ruling:

• Trial judges should not be persuaded to impose the death penalty just because the crime was horrific and had a negative effect on society. They should also take into account the defences for life in jail.
• The ruling discussed how criminological ideas have changed through time. The principles of criminology have “evolved to balance the other obligations of the society, i.e., of preserving the human life, be it of the accused, unless termination thereof is inevitable and is to serve the other societal causes and collective conscience of society,” even though capital punishment serves as a deterrent and a “response to the society’s call for appropriate punishment in appropriate cases.”

What has the Court stated about evaluating petitions and extending death sentences?

• The Supreme Court declared in 2014 that a convict, a member of their family, or even a concerned citizen might file a writ petition asking for the commuting of their death sentence if there was an unjustified delay in carrying it out.
• It was concluded that delaying the execution of death sentences had a “dehumanising effect” on convicted individuals who must endure the anguish of waiting for years under the threat of death while their mercy request is pending. Their body and psyche would suffer agonising effects from an excessive wait.
• The same year, a Constitution bench also decided that a three-judge bench would hear a death row inmate’s review appeal in public. Before, such cases were heard in closed-door hearings by two judges in the judges’ chamber.

Upcoming obstacles:

• The fact that trial courts in India had already executed more than 50 persons by 2022, frequently in violation of procedural and substantive norms, illustrates the size of the task facing the Supreme Court.
• The Supreme Court will find it challenging to strike a balance between fairness and consistency in death penalty sentences throughout Indian courts, but the decision to tackle the issue head-on is unquestionably important and deserving of our admiration.

Source The Hindu

2 – Windfall Tax GS III – Topic Indian Economy

Context:

• The two-and-a-half-month-old windfall profit tax on domestically produced crude oil has been the subject of a review request from the oil ministry since it is believed to violate the contract provisions for fiscal stability.

Regarding Windfall Tax:

• A windfall is a “unearned, unplanned gain in income with no additional effort or expense,” according to the U.S. Congressional Research Service (CRS).
• They are so named because the profits result from an outside, unusual event or from something in which the company actively dissented, such as the increase in energy prices caused by the conflict between Russia and Ukraine.
• Usually, it is assessed as an additional one-time tax on top of the regular tax rates.
• Price volatility in the oil markets causes inconsistent or fluctuating profits for the sector. So when high prices benefit producers at the expense of consumers, tax is imposed to redistribute unanticipated benefits.
• It can be utilised as an additional source of income for the government as well as to finance social welfare programmes.

Why a windfall tax is required:

• to reduce the nation’s expanding trade deficit caused by the increase in the price of oil, gas, and coal.
• price increases brought on by pandemic recovery, supply problems brought by by the conflict between Russia and Ukraine, and a corresponding rise in energy demand.
• Rising energy costs translate into large profits for energy companies while driving up home gas and electricity costs and expanding income disparity.
• The major energy companies achieved combined profits of almost $100 billion in the first quarter of the year, demonstrating the “grotesque greed” of huge oil and gas businesses.

Challenges:

• A temporary windfall profit tax has a negative impact on investments because prospective investors will internalise the likelihood of potential taxes when making investment decisions and avoid uncertainty due to the retrospective nature of the tax and the influence of unforeseen events and surprises. Future investments will also be reduced as a result.
• These taxes are populist and short-term politically expedient.
• Given their political and expedient nature, the IMF warned that taxes implemented in reaction to price increases may have design issues.
• True windfall profits are difficult to identify, and their level of normalisation of profit is difficult to determine. According to a CRS report, for instance, if price increases occur quickly and profits rise, in one sense these are true windfalls because they are unanticipated, but on the other hand, businesses may claim that the profit is their reward for taking the risk to supply the end user with the petroleum product.
• The question of whether producers with revenues or profits below a specific threshold should be excluded or whether only the large enterprises responsible for the majority of high-priced sales should be taxed.

IMF recommendations on the matter:

• impose a long-term tax on unforeseen gains from the exploitation of fossil fuels.
• Be cautious when enacting temporary taxes on windfall gains because they tend to raise investor risk, may cause more distortion (especially if done at the wrong time or with inadequate planning), and do not generate more money than a long-term tax on economic rents.
• The tax need to be levied against a portion of economic rents (meaning excess profits).
• Due to the fixed supply and variety of fossil fuels, economic rents typically occur from their extraction. Rent-targeting taxes increase revenue while preventing investment declines and inflation rises.
• Given the requirement for energy generation to be carbon-free, promote the use of renewable energy. Energy security is increased by switching to renewable energy sources.
• Design guidelines: A definite measure of excess profit should be taxed; revenue should not be taxed as this can lead to inflation and discourage investment. Losses should be able to be carried forward under the tax to provide symmetrical treatment.

Source The Hindu

3 – Vande Bharat Train: Prelims Specific Topic

Context:

• The South Western Railway (SWR) has submitted a proposal to the Railway Board for the operation of the next generation trains on three lines connecting Bengaluru at a time when the domestic semi-high-speed Vande Bharat Express is generating a lot of buzz.

About:

• Since the launch of Rajdhani trains, this semi-high-speed, self-propelled train is being hailed as the Indian Railways’ next significant advancement in terms of speed and passenger convenience.
• The first Vande Bharat was produced at the Integral Coach Factory (ICF), Chennai, for about Rs. 100 crore as part of the “Make in India” programme.
• India’s first effort to implement train set technology in comparison to traditional systems of passenger coaches pulled by individual engines was the Vande Bharat.
• Despite being complex, the train set arrangement is quicker, simpler to maintain, uses less energy, and offers more flexibility in train operation.
• There are currently two Vande Bharat Expresses running between New Delhi and Katra and Varanasi, respectively.
• In order to achieve “greater efficiency” with the 400 new trains, railways are considering manufacturing some of these trainsets out of aluminium rather than steel.
• Each trainset will be 40–80 tonnes lighter than a contemporary Vande Bharat thanks to an aluminium body, which will result in improved speed potential and lower energy use.

What Characteristics does Vande Bharat Trains have?

• These trains, which were developed under the name “Train 18,” run without a locomotive and are powered by a distributed traction power technology that powers each of the train’s cars individually.
• Its coaches include amenities for passengers like WiFi on board, GPS-based passenger information systems, CCTVs, automated doors in every coach, spinning chairs, and bio-vacuum toilets similar to those used in aeroplanes.
• Due to quicker acceleration and deceleration, it can travel at a maximum speed of 160 kmph, cutting the travel time by 25% to 45%.
• It is cost-, energy-, and environment-efficient because it also boasts a sophisticated braking system with power regeneration.

Importance:

• The production of 400 of these trainset accessories will result in the creation of an extra 10,000–15,000 jobs over the course of three years.
• The country’s rolling stock industry would get an investment of roughly Rs 50,000 crore, which will greatly benefit the supply and component manufacturing industries, among others.
• Additionally, it will boost railroad budgets and productivity.

Steps to Take:

• With enhanced next-generation trains, Indian Railways is ushered into a new era of travel. The new trains can assist railways in maintaining and even increasing traffic at a time when low-cost airlines and efficient road networks pose fierce competition.
• The success of the Vande Bharat project would be greatly increased by timely completion of the ambitious project and consideration of the need for various classes of travel.

Source The Hindu

4 – Lashkar – e – Taeba: Prelims Specific Topic

Context:

• The proposal to add Lashkar-e-Taiba “commander” Sajid Mir, who is wanted for the 26/11 Mumbai terror attacks as well as attacks in the U.S. and Denmark, to the UN Security Council’s 1267 list, was thwarted by China for the third time in three months. Mir is wanted for attacks in the U.S., Denmark, and India

Abou

• The Islamist militant group Lashkar-e-Taiba, also known by the spellings Lashkar-e-Tayyiba or Lashkar-e-Toiba, was founded in Pakistan in the late 1980s as the militant arm of Markaz-ud-Dawa-wal-Irshad, an Islamist group with ties to the Wahhabi sect of Sunni Islam. In the end, it aimed to impose Muslim dominion across the whole Indian subcontinent. Lashkar-e-Taiba, despite having its headquarters in Pakistan, began its operations in the Indian state of Jammu and Kashmir, close to the Pakistani border, but by the first decade of the twenty-first century, the organisation had extended its influence further into India. Both India, a predominantly Hindu nation, and Pakistan, a predominantly Muslim one, claimed Jammu and Kashmir, and the conflict gave rise to numerous armed factions inside Jammu and Kashmir.

Jammu & Kashmir’s militancy:

• Conflict-ridden societies frequently perpetuate the difference and distance between two larger collectives, hence enlarging the gap between “Us” and “Them.” In Kashmir, this is accurate. Since the deadly separatist uprising of 1989 and subsequent counterinsurgency and anti-militancy operations by the government, Kashmiris have developed strong “Us vs. Them” narratives and have been estranged from the Indian political system.
• Crackdowns, arrests, executions of local militants, and stern implementation of legislation like the Public Safety Act (PSA) and the Armed Forces Special Powers Act have all been part of these governmental activities (AFSPA).
• As a result, a negative impression of India and its policies has been fostered; the Kashmiri people generally believe that India is a “coloniser” or a “occupier.”
• The effects of these perceptions have only gotten worse in more recent years, during what observers refer to as “new militancy,” in which locals control the militant movement and social media helps to radicalise large numbers of people and distribute anti-India propaganda.
• In order to combat the prevalent negative opinions and uphold its territorial integrity, India must make a bigger effort to shape its narratives.
• Local militancy and incidences of stone-pelting increased significantly in the area between 2014 and 2020. To destroy militant networks, their overground workers (OGW), and top militant commanders, the Indian armed forces began “Operation All Out” in 2017. However, because locals made up the majority of the militants’ ranks, these operations served to further the narrative of “we versus. them.”
• Many predicted that there would be a significant spike in terrorism-related bloodshed in the region after the decision to revoke J&K’s special status on August 5, 2019. To the point when Doda was designated a terrorist-free region, the security situation has improved during the previous years.
• In spite of growing concerns that the Taliban taking over Afghanistan will likely change the striking capabilities of the militant outfits, especially the Jaish-e-Muhammad (JeM) and the Harkat-ul-Mujahideen, militancy still poses a significant challenge to the security apparatus as Jammu and Kashmir marks two years as a Union Territory (UT) (HuM).

Steps to Take:

• District Development Councils: After Jammu and Kashmir lost its statehood, grassroots development and District Development Councils (DDCs) became the political focus in Kashmir. The elected local leaders who can assure good governance and local development can give Kashmiris who have long had to struggle with bureaucratic red tape fresh hope.
• Social media: In the era of new militancy, social media has emerged as a crucial source of information, as well as false information and propaganda. The government has tried to stop the spread of extremist propaganda on social media by using reactive strategies such blanket bans, monitoring, censorship, and reporting of extremist profiles and content. However, these measures have not been successful.
• To combat extremist propaganda, the state will still need to make investments in artificial intelligence (AI) and other technologies. It should also come up with innovative ways for Kashmiris to consume the narratives created by the Indian government and army.
• India might invest more in drone or unmanned aerial vehicle technology and use them in relatively calm areas. These technological technologies can be utilised for monitoring, law enforcement, and to prevent extremists and militant supporters from using drones.
• Long-term, the state should begin putting more emphasis on education. The educational system in Kashmir and the rest of India perpetuates a variety of historical misconceptions. It is crucial to support subjects and ideas that are more relatable and practical, such constitutional protections for those living in conflict-affected areas.

Conclusion:

• The “Us vs. Them” split can be greatly weakened through the use of narratives. With the emergence of “new militancy” in Kashmir on the one side and state measures like Operation All Out and the removal of Kashmir’s special status on the other, this gap between Kashmir and India has expanded recently.
• Therefore, the Indian government and military services are striving to strengthen their nation-building narrative by integrating social media activities into their traditional missions designed to win over hearts and minds.
• There is still more work to be done, even though these policies are meant to break down the emotional and psychological walls that Kashmiris have built up for the Indian state.
• New Delhi must embrace the current lack of armed and violent conflict to bolster its narrative-building efforts and move the area closer to long-lasting peace as Kashmir remains estranged.

Source The Hindu