THE WAQF LAND OWNERSHIP CONTROVERSY
TOPIC: (GS2) POLITY: THE HINDU
A recent dispute over Waqf Board land ownership in Karnataka has gained significant attention and stirred public concern. This controversy began in a small village in Vijayapura district, where claims emerged that the Waqf Board intended to take over land from local farmers.
Key Developments
- Claims and Denials: Allegations have surfaced that the Waqf Board planned to acquire a substantial portion of agricultural land in a particular village, issuing notices to farmers regarding their property. State officials have refuted these claims, showing that no specific notices were issued in this village, though some notices have been documented elsewhere in the district.
- Political Responses: This dispute has deepened tensions among political leaders, with each party levelling accusations against the other. One group has called for the elimination of the Waqf Board, while the government has clarified that land classifications tied to the Waqf Board occurred under prior administrations, deflecting accountability.
Waqf Board Notices and Land Disputes
Encroachments and Legal Protections:
- The Waqf Board oversees land deemed significant for religious purposes, such as burial grounds, and seeks to protect it from encroachment.
- However, there is growing frustration among local communities as land claims reportedly appear in property records without prior notification.
Concerns from Farmers:
- In regions like Belagavi, long-standing landowners report that entries related to the Waqf Board have been made in official records, stirring unrest among farmers with generational claims.
Broader Ramifications
Potential Amendments and Reforms:
- The ongoing deliberations over the Waqf Amendment Bill 2024 aim to address challenges in managing Waqf properties.
- Proposed changes include adjusting the Board’s authority over land ownership assumptions and protections against adverse possession claims, which could impact land rights enforcement.
Social Implications:
- The dispute has fuelled social divides, with some perceiving biases in religious land management laws.
- While supporters argue that protections for religious land apply constitutionally to all faiths, opponents seek more equitable land management practices that balance individual and community rights.
WAQF IN INDIA
Under the Waqf Act of 1954, a Waqf is property dedicated to God for religious or charitable uses. Legally, it refers to a Muslim’s permanent dedication of any property—movable or immovable—for purposes recognized as pious, religious, or charitable under Islamic law.
Creation of Waqf:
· A Waqf can be established through a deed or document.
· A property may also be considered Waqf if it has been used for religious or charitable purposes for a long period.
· The individual creating a Waqf is called the Waqif and must be of sound mind with valid ownership of the property. The Waqif does not need to be Muslim as long as they believe in Islamic principles.
Nature of Waqf Property:
· Once dedicated as Waqf, the property becomes non-transferable and is held perpetually for charity, with ownership considered to be with God.
· Waqfs can be either public, for general charitable purposes, or private, benefiting the Waqif’s descendants.
Uses of Waqf Funds: Income from Waqf properties typically support educational institutions, mosques, graveyards, and shelters.
Governance and Regulation of Waqfs
Waqf Act of 1995: This act provides guidelines for managing Waqf properties, aiming to improve their administration and protection.
· Establishes the Central Waqf Council (CWC) and State Waqf Boards.
· Mandates the registration of all Waqfs, creating a central registry of Waqf properties.
· Empowers Waqf Boards to appoint executive officers, maintain property records, and manage budgets for Waqf maintenance.
· Includes provisions to remove encroachments from Waqf lands and oversee property use.
Role of Survey Commissioners: A Survey Commissioner conducts investigations and collects documents to list properties declared as Waqf.
Mutawali (Waqf Manager): A Waqf property is managed by a mutawali, who ensures it is used for its intended religious or charitable purpose. Unlike trusts, Waqfs are perpetual and cannot be dissolved.
Central Waqf Council (CWC): Established in 1964, the CWC advises state Waqf Boards and promotes uniform policies across India.
Conclusion
The Waqf land dispute in Karnataka highlights complex issues at the intersection of religious protections and individual land rights. As the JPC considers amendments, prioritizing transparency and fairness will be essential to resolving this sensitive issue, ensuring that religious protections coexist with the rights of longstanding landholders across the state.
ANTITRUST BREACH BY FOOD DELIVERY PLATFORMS: SWIGGY AND ZOMATO
TOPIC: (GS3) ECONOMY: INDIAN EXPRESS
India’s Competition Commission (CCI) recently concluded an investigation revealing that major food delivery platforms, Zomato and Swiggy, engaged in practices that breach antitrust regulations
Key Findings of the Investigation
Exclusivity Contracts:
- Zomato secured exclusivity agreements with certain restaurants in exchange for lower commission rates. These contracts required partner restaurants to maintain their listings exclusively with Zomato, limiting their flexibility to operate with other platforms.
- Swiggy, on the other hand, guaranteed growth to selected restaurants if they chose to list solely on its platform, fostering an environment that Favors certain outlets over others.
Impact on Market Competition:
- According to the CCI’s investigation, such exclusivity deals between the platforms and their restaurant partners restrict competition in the food delivery market.
- These arrangements hinder smaller or independent restaurants, who might not receive the same level of exposure or benefits, creating an unlevel playing field.
Complaint by NRAI
- In 2022, the NRAI filed a complaint with the CCI, citing the adverse effects of Zomato and Swiggy’s practices on restaurant businesses. The NRAI argued that these exclusive partnerships reduce consumer choices and limit fair competition.
COMPETITION COMMISSION OF INDIA (CCI):
Purpose and Establishment:
· The CCI was established in 2003 under the Competition Act of 2002 to prevent anti-competitive practices in India. It aims to foster fair competition, prevent monopolies, and protect consumer interests.
Key Functions:
· CCI’s primary functions include investigating anti-competitive agreements, abuse of dominant positions, and mergers or acquisitions that may hinder competition in the Indian market.
Enforcement of Antitrust Laws:
· The CCI has authority to probe companies suspected of violating competition laws, penalize offenders, and issue directives to alter or cease practices that harm competition.
Promoting Market Fairness:
· CCI promotes healthy competition across various sectors to ensure consumers have access to a wider choice of goods and services and better prices, contributing to economic growth.
Powers and Penalties:
· The CCI can impose fines, order the division of entities in case of abuse of dominant position, and provide advisory guidance to the government on competition policies and laws. Its rulings are binding, though companies may appeal decisions in higher courts.
Conclusion
The CCI’s findings highlight the need for fair competition practices in the food delivery sector. The regulatory body aims to address anti-competitive actions to ensure a balanced market, where smaller food outlets and consumers have equal opportunities and choices. This investigation serves as a reminder for businesses to uphold fair practices that do not undermine market competition.
TEA INDUSTRY IN INDIA: QUALITY CHALLENGES AND PROPOSED REFORMS
TOPIC: (GS3) ECONOMY: THE HINDU
India is one of the world’s largest tea producers and exporters, with Assam, West Bengal, Tamil Nadu, and Kerala being the major tea-producing regions. Indian tea, including the globally known Assam and Darjeeling varieties, holds a significant share in the international market.
Current Quality Challenges
- Quality Concerns: Indian tea faces challenges with consistent quality standards, affecting its brand reputation globally.
- Compliance with Pesticide Limits: The industry must adhere to Maximum Residue Limits (MRLs) for pesticides, as regulated by the Food Safety and Standards Authority of India (FSSAI).
- Rising Costs and Low Prices: Increasing operational costs and unremunerative tea prices have put financial strain on producers.
- Impact of Adverse Weather: Unpredictable weather patterns in major tea-growing regions like Assam and West Bengal have further impacted yield and quality.
- Need for a Grading System: The lack of a uniform quality grading system for retail tea affects consumer trust and market competitiveness.
The Way Forward
- Implementation of Grading System: The introduction of a standardized, leaf-based quality grading system can improve consumer transparency, aiding both local and international buyers in understanding the quality of Indian tea.
- Sustainable Farming Practices: Adopting sustainable agricultural practices can help mitigate the impacts of climate change and reduce production costs. This can include initiatives like water conservation, organic farming, and precision agriculture.
- Government and Industry Collaboration: Stronger partnerships between the government, Tea Board, and industry players are essential for addressing operational costs and setting minimum pricing mechanisms to support tea producers.
- Technology for Quality Control: Investing in modern technologies, such as AI for detecting leaf quality and pest resistance, can improve the standardization of tea quality and reduce reliance on pesticides.
- Promotion of Indian Tea in Global Markets: Targeted promotion campaigns focusing on quality certifications, such as the proposed grading system, can boost India’s reputation in international markets.
TEA INDUSTRY
Tea is a widely loved beverage made by infusing the cured or fresh leaves of the Camellia sinensis plant in hot water. It is the second most consumed drink globally, following water.
Origin and History
- Tea is believed to have originated in ancient China, northeastern India, and northern Myanmar.
Ideal Growing Conditions
- Temperature: Optimal range is 16-32°C.
- Rainfall: Requires 150-300 cm per year.
- Humidity: Needs high relative humidity around 80%, and should not drop below 40%.
- Soil: Prefers acidic soils (around pH 5.0) with excellent drainage.
- Frost-Free: Ideal areas should not be prone to frost.
Geographical Indication (GI) Tag
- Darjeeling Tea, often called the “Champagne of Teas,” was the first Indian product to receive a GI tag, indicating its unique regional quality.
Production and Consumption
- India is the second-largest tea producer worldwide after China and leads in black tea production.
- Assam and West Bengal contribute around 55% of India’s total tea production.
- India is among the top tea-consuming nations, with approximately 80% of its production consumed domestically.
Regulation by the Tea Board of India
- Overview: Established under the Tea Act, 1953, the Tea Board of India began functioning on April 1, 1954.
- Administration: Operates as a statutory body under the Ministry of Commerce, with its headquarters in Kolkata and overseas offices in Dubai and Moscow.
Functions:
· Provides financial and technical support for tea cultivation, production, and marketing.
· Promotes tea exports.
· Supports research and development for enhancing production and quality of tea.
Conclusion
The proposed quality grading system is a step forward in enhancing the marketability and trustworthiness of Indian tea. Addressing quality and cost challenges can ensure that the Indian tea industry continues to thrive both locally and globally. By setting high standards and investing in quality, the industry can achieve a stable future and retain its position as a leader in the global tea market.
SUSTAINABLE COOLING: INDIA’S LEADERSHIP AND GLOBAL COLLABORATION
TOPIC: (GS3) ENVIRONMENT: THE HINDU
The Quad countries (Australia, India, Japan, and the U.S.) issued the Wilmington Declaration on September 21, 2024, focusing on sustainable, high-efficiency cooling solutions to combat climate change. India’s role in advancing clean cooling initiatives highlights its leadership in global sustainability efforts.
Global Cooperation for Sustainable Cooling
- The Wilmington Declaration emphasizes the need for affordable and energy-efficient cooling systems to meet the demands of rising global temperatures.
- Earlier, India and the U.S. had also announced a road map to build resilient clean energy supply chains, prioritizing clean cooling technologies.
- India’s commitment includes investments in solar and cooling infrastructure across the Indo-Pacific, with plans to expand the production of high-efficiency air conditioners and fans.
Cooling-Related Emissions and the Kigali Amendment
- The Kigali Amendment to the Montreal Protocol aims to phase out hydrofluorocarbons (HFCs), harmful greenhouse gases in cooling systems.
- If uncontrolled, HFCs could contribute up to 0.52°C of global warming by 2100.
- Aligning the HFC phase-down with energy-efficient cooling technology can achieve two-thirds of the total greenhouse gas reductions by reducing power use, emissions, and costs.
Challenges with Cooling Standards
- High demand for cooling poses dual climate threats: indirect emissions from fossil-fuel-powered systems and direct emissions from outdated refrigerants.
- Many countries lack unified standards for energy-efficient cooling and climate-friendly refrigerants, risking an influx of inefficient systems in developing markets.
- Stronger regulations are needed to prevent the dumping of outdated appliances in these regions.
India’s Mission-Mode Approach to Cooling
- India’s experience with extreme heat underscores the urgent need for cooling infrastructure, especially with temperatures reaching over 50°C in parts of the country.
- India ratified the Kigali Amendment in 2021, pledging an 85% reduction in HFCs by 2047 and launching the India Cooling Action Plan (ICAP).
- ICAP aims for a 20-25% reduction in cooling demand and a shift to low-global warming potential (GWP) refrigerants, requiring coordinated efforts and investments.
Global Commitments and the Path Ahead
- At COP28, 63 nations committed to reducing cooling emissions by 68% by 2050 through the Global Cooling Pledge, which aims to provide cooling access to 3.5 billion people while saving $17 trillion in energy costs.
- The momentum from COP28 should drive stronger commitments at COP29, expanding partnerships to meet rising cooling needs sustainably.
Conclusion
With strong policies and collaborations, India and the global community can achieve widespread, energy-efficient cooling solutions, ensuring thermal comfort and a sustainable future for all.
SC OVERRULES 1967 VERDICT ON AMU’S MINORITY STATUS
TOPIC: (GS2) POLITY: TMES OF INDIA
The Supreme Court of India recently overruled a 1967 verdict in the case of S. Azeez Basha vs. Union of India, which had denied minority status to the Aligarh Muslim University (AMU).
The judgment was delivered by a seven-judge bench, marking a significant development in the interpretation of Article 30(1) of the Indian Constitution, which grants religious and linguistic minorities the right to establish and administer educational institutions.
Key Highlights
Overturning the 1967 Judgment
- The court’s ruling overruled the 1967 verdict, which held that AMU could not be recognized as a minority institution since it was a central university.
- The 1967 decision stated that only institutions directly established by religious minorities could claim protection under Article 30(1).
Recognition of Minority Status
- The Chief Justice emphasized that an educational institution established by a minority community retains its minority status even after legal recognition.
- Minority status is preserved as long as the institution was founded to protect and promote the cultural identity of that community.
Role of Minority Communities
- It was clarified that the onus lies on the minority community to prove that the institution was created for the purpose of preserving their cultural and educational values.
- The court recognized that an institution need not be exclusively for the minority community; it can serve the community predominantly, which does not change its status.
Implications for Other Institutions
- The petitioners had argued that if AMU lost its minority status, it could affect other educational institutions, like St. Stephen’s College and Christian Medical College, that also claim minority status.
- The court’s judgment upholds the right of such institutions to maintain their minority character as long as they are set up by the community to serve its educational needs.
Application of Article 30(1)
- The court emphasized that Article 30(1) is a special provision for minorities, offering protection against discriminatory laws that limit their rights to establish educational institutions.
- The right under Article 30(1) extends to both religious and secular education provided by such institutions.
DEFINITION OF MINORITY
The term “minority” is not explicitly defined in the Indian Constitution.
- However, Article 30(1) of the Constitution recognizes minorities based on linguistic and religious factors.
Linguistic Minorities
- Linguistic minorities refer to groups of people in India who have their own distinct language or script.
- The language of the minority group does not need to be one of the twenty-two languages mentioned in the Eighth Schedule of the Constitution.
- At the state level, linguistic minorities are groups whose mother tongue differs from the primary language of the state. At the district and taluka/tehsil level, it refers to groups whose language differs from the principal language of that area.
Religious Minorities
- The Union government recognizes six religious minorities under the National Commission on Minorities Act, 1992: Muslims, Christians, Sikhs, Buddhists, Parsis, and Jains (Jains were added in 2014).
Constitutional and Legal Provisions for Minorities
- India, being the second most populous country, is home to various religious, linguistic, and cultural communities.
- According to the 2011 Census, around 19.3% of the population belongs to minority groups:
- Muslims: 14.2%
- Christians: 2.3%
- Sikhs: 1.7%
- Buddhists: 0.7%
- Jains: 0.4%
- Parsis: 0.006%
Article 29
- This article guarantees that citizens belonging to any section of society with a distinct language, script, or culture can preserve their identity.
- It provides protection not just for minorities but also for the majority community, allowing them to preserve their unique cultural traits.
Article 30
- Article 30(1) grants religious and linguistic minorities the right to establish and manage educational institutions of their choice.
- This provision is specifically for linguistic and religious minorities, unlike Article 29, which applies more broadly to all citizens.
Article 350-B
- This article establishes the office of a special officer appointed by the President to protect the rights of linguistic minorities and oversee related matters.
Case Laws
St. Xavier’s College vs. State of Gujarat
· The Supreme Court held that the essence of Article 30(1) is to ensure that minorities, both religious and linguistic, are not barred from establishing educational institutions to provide their children with quality education.
S.P. Mittal vs. Union of India
· The Supreme Court stated that to avail the benefits of Article 30(1), a community must prove:
-
-
- It is a religious or linguistic minority.
- It has established the educational institution.
Andhra Pradesh Christian Medical Association vs. Government of Andhra Pradesh
· The Court ruled that if an institution is primarily a business venture and not genuinely established by the minority community, it does not qualify for protection under Article 30(1).
Conclusion
This judgment strengthens the constitutional protection for minority institutions in India, reaffirming their autonomy to manage and administer educational setups aimed at preserving cultural heritage. The decision also underscores the need for clear legislative support to protect these rights in a rapidly changing socio-political landscape.
MILLIMETRE WAVE
TOPIC: (GS3) SCIENCE AND TECHNOLOGY: THE HINDU
Centre for Development of Telematics (C-DOT) and the Indian Institute of Technology-Roorkee (IIT-Roorkee) have signed an agreement under the Telecom Technology Development Fund (TTDF) scheme by the Department of Telecommunications (DoT).
- The agreement focuses on developing a “millimetre wave transceiver for 5G rural connectivity.”
About Millimetre Waves (mm Waves):
- Millimetre waves are electromagnetic waves with a frequency between 30-300 GHz and a wavelength between 10 mm and 1 mm.
- They are used for high-speed wireless communication and are referred to as the extremely high-frequency (EHF) band by the International Telecommunication Union (ITU).
Advantages of Millimetre Waves:
- Higher Data Rates: mm Waves provide faster data transfer speeds compared to lower frequencies.
- High Bandwidth Tolerance: They have the capacity to support a large amount of data transfer.
- Less Latency: Due to higher speeds and bandwidth, they offer lower delays in communication.
- Reduced Interference: mm Waves have less interference as they do not propagate far and are less likely to interfere with other cellular systems.
Significance of the Recent Agreement:
- The development will encourage small and medium-sized industries in India to set up manufacturing units, creating job opportunities for engineering graduates.
- The use of polymer-based structures with metals will reduce reliance on foreign semiconductor fabrication industries.
- The technology development cost is relatively low, but it has the potential to generate significant opportunities.
- The project aims to contribute to the creation of Intellectual Property Rights (IPRs) and develop a skilled workforce for emerging millimetre wave/Sub-THz technology in 5G/6G networks.
REGIONAL COMPREHENSIVE ECONOMIC PARTNERSHIP (RCEP)
TOPIC: (GS2) INTERNATIONAL RELATIONS: INDIAN EXPRESS
A senior official from Niti Aayog recently deviated from the government’s previous stance by suggesting that India should join the Regional Comprehensive Economic Partnership (RCEP), a trade bloc that was initially not supported by India.
- India had opted out of the RCEP in November 2019, citing concerns over its potential negative impact on domestic industries, particularly in agriculture and manufacturing.
- India also raised issues related to unfair trade practices, market access, and concerns over China’s growing influence in the trade bloc.
- However, the official’s statement signals a shift in India’s perspective on the matter, suggesting that India might reconsider its position and explore the potential benefits of joining the RCEP for economic integration and cooperation in the region.
RCEP
RCEP is a proposed trade agreement between the member states of the Association of Southeast Asian Nations (ASEAN) and its free trade agreement (FTA) partners.
The agreement aims to cover areas such as trade in goods and services, intellectual property, and more.
Member Countries:
- ASEAN Members (10 countries): Brunei, Cambodia, Indonesia, Malaysia, Myanmar, Singapore, Thailand, the Philippines, Laos, and Vietnam.
- FTA Partners (6 countries): China, Japan, South Korea, Australia, and New Zealand.
Negotiation Timeline:
- RCEP negotiations began in November 2012 and the agreement came into force on January 1, 2022.
Objectives:
- Integrated Market: RCEP aims to create an integrated market across 16 countries, making it easier for products and services to be available throughout the region.
- Key Focus Areas:
- Trade in goods and services
- Investment
- Intellectual property
- Dispute resolution
- E-commerce
AGRIVOLTAIC FARMING
TOPIC: (GS3) ECONOMY: INDIAN EXPRESS
Recently, the Seventh Session of the International Solar Alliance (ISA) concluded in New Delhi, where representatives from multiple countries gathered to discuss solar energy innovations and strategies.
Agrivoltaic farming:
Agrivoltaic farming is the practice of growing crops underneath solar panels. The solar panels are typically elevated 2-3 meters above the ground at a 30-degree angle, providing shade and protection for crops.
This method allows the simultaneous use of land for both agriculture and solar energy generation.
Alternative Forms:
- Sometimes referred to as Agri solar, dual-use solar, or low-impact solar.
- Solar panels can also be mounted on greenhouse roofs, allowing light and rain to reach crops while also providing space for farm machinery.
- Solar Panel Installation: Solar panels are mounted on poles or frames, leaving room for crops to grow underneath. In some systems, panels can rotate or adjust to provide varying amounts of sunlight and shade.
Advantages:
- Increased Land Efficiency: Solar energy generation and agriculture can coexist on the same land, reducing competition for space.
- Protection for Crops: The shade from solar panels can protect crops from heat stress, reduce water loss, and help certain crops thrive.
- Enhanced Crop Yield: Studies suggest some crops grow better in these shaded conditions compared to traditional farming.
BLACK-FOOTED FERRET
TOPIC: (GS3) ENVIRONMENT: DOWN TO EARTH
The black-footed ferret, native to North America, is a rare and endangered species from the weasel family. Recently, a cloned ferret named Antonia at the Smithsonian’s National Zoo gave birth to two healthy offspring, supporting genetic diversity in conservation efforts.
Physical Traits and Behavior:
- Black-footed ferrets are agile, alert, and curious mammals with sharp senses of smell, sight, and hearing.
- They are primarily active at night, especially around dusk, and are less active in winter, often staying in burrows for long periods.
Habitat and Range:
- They live in North America’s interior grasslands, including areas from southern Canada to northern Mexico.
- Ferrets use prairie dog burrows for shelter and hunting in prairies and rolling hills.
Diet:
- As carnivores, their main diet is prairie dogs, but they also eat mice, ground squirrels, and other small animals.
Reproduction:
- Black-footed ferrets experience “delayed implantation,” where fertilized eggs delay development until conditions are ideal.
Conservation Status:
- Classified as “Endangered” by the IUCN and listed under CITES Appendix I.
- Major threats include habitat loss and disease, leading to population declines.
OKINAWICIUS TEKDI
TOPIC: (GS3) ENVIRONMENT: TIMES OF INDIA
A new species of jumping spider, Okinawicius tekdi, has been discovered on Baner Hill in Pune, showcasing the area’s rich biodiversity and emphasizing the importance of protecting natural landscapes.
About Okinawicius tekdi:
- Named after the Marathi word “tekdi” (meaning hill), this discovery brings India’s total jumping spider species to 326.
- It was first described by Atharva Kulkarni, an MSc student in environmental science at MIT-World Peace University, Pune.
- This is the first spider species discovered in Pune in over 30 years.
About Spiders:
- Spiders are arthropods with segmented bodies, hard exoskeletons, and eight legs.
- Known for spinning webs, spiders use these structures to trap prey, highlighting their unique role in ecosystems.