Mains Articles for 12-August-2024

by Vajiram & Ravi

Waqf Amendment Bill, 1995

12-08-2024

07:06 AM

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 Waqf Amendment Bill, 1995 Blog Image

What’s in today’s article?

  • Why in the News?
  • What is Waqf?
  • Regulation of Waqf in India
  • Role of Waqf Board
  • Unified Waqf Management, Empowerment, Efficiency, and Development Act, 2024
  • Key Changes Proposed in the Amendment Bill

Why in the News?

The Union government has referred the Waqf Amendment Bill to a Joint Parliamentary Committee (JPC), after opposition from various political parties.

What is Waqf?

  • In Islamic law, a "waqf" refers to a property dedicated to God for religious or charitable purposes.
  • This can include both movable and immovable assets set aside to serve the public good.
  • Establishing a waqf is seen as an act of piety that allows Muslims to continue their charitable contributions even after death.
  • A waqf can be formally created through a deed or may be recognized as such if a property has been used for religious or charitable activities over a long period.
  • The income generated from these properties is typically used for maintaining mosques, funding educational institutions, or supporting the poor.
  • Notably, once a property is designated as waqf, it cannot be inherited, sold, or transferred.
  • Non-Muslims can also establish a waqf, provided the purpose aligns with Islamic principles.

Regulation of Waqf in India

  • In India, waqf properties are governed by the Waqf Act of 1995.
  • The identification and documentation of these properties are carried out through a survey conducted by the State government.
  • A survey commissioner, appointed under the Act, investigates the properties, gathers witness testimonies, and reviews public documents to identify waqf assets.
  • Once identified, these properties are officially recorded in the State's gazette, and a detailed list is maintained by the State Waqf Board.
  • The management of each waqf is overseen by a mutawalli, or custodian, who is responsible for its administration.
  • While similar to trusts established under the Indian Trusts Act of 1882, waqfs differ in that they cannot be dissolved by a governing board.

Role of Waqf Board

  • State Waqf Boards:
    • The Waqf Act of 1995 establishes Waqf Boards in each State to oversee the management of waqf properties within their jurisdiction.
    • These Boards are legal entities with the ability to sue or be sued in court.
    • Each State Waqf Board is led by a chairperson and includes representatives from the State government, Muslim legislators, recognized Islamic scholars, and mutawallis of waqfs.
    • The Act mandates the appointment of a full-time Chief Executive Officer (CEO) for each Board.
    • The CEO must be a Muslim and hold at least the rank of Deputy Secretary in the State government.
  • Powers & Responsibilities:
    • he Waqf Board is empowered to manage waqf properties and recover any assets that have been lost.
    • It can approve the transfer of immovable waqf property through sale, gift, mortgage, exchange, or lease, but such actions require the approval of at least two-thirds of the Board members.
    • Amendments made to the Waqf Act in 2013 further strengthened the Board’s authority, making it nearly impossible to sell waqf properties, as neither the mutawalli nor the Board can sell waqf assets without stringent conditions.
  • Central Waqf Council:
    • In addition to the State Waqf Boards, the legislation also establishes the Central Waqf Council, a national advisory body under the Ministry of Minority Affairs.
    • This Council, headed by the Union Minister of Minority Affairs, ensures uniform administration of waqf properties across India.
    • It advises the Union government on various waqf-related issues, including policy development, implementation of waqf laws, and resolving inter-State disputes.
    • This structured framework aims to preserve the religious and charitable intent behind waqf properties, ensuring their proper management and protection under Indian law.
  • Unified Waqf Management, Empowerment, Efficiency, and Development Act, 2024
    • The Union government on August 8 introduced a Bill in the Lok Sabha to amend the 1995 Waqf Act (1995 Act).
    • The proposed amendments seek to significantly reform the law by enhancing the Centre’s regulatory authority over waqf properties and, for the first time, permitting the inclusion of non-Muslim members in Waqf Boards.
    • The draft legislation is proposed to be renamed the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 2024.

Key Changes Proposed in the Amendment Bill

  • Revised Definition of ‘Waqf’:
    • Only lawful property owners who have practiced Islam for at least five years can now create waqf properties through formal deeds.
    • The concept of ‘waqf by use,’ which allowed properties to be deemed waqf based on usage even if the original deed was disputed, has been abolished.
    • Government properties cannot be recognized as waqf.
    • Widows, divorced women, and orphans can benefit from waqf proceeds.
  • Role of District Collectors:
    • District collectors (or equivalent officers) will now survey waqf properties, replacing survey commissioners.
    • A centralized registration system for waqf properties will be established, and all details must be uploaded within six months of the law’s enactment.
    • New waqf properties must be registered through this system.
    • The district collector will have the final say on whether a property is waqf, and a Waqf Board cannot control disputed land until the collector submits the final report.
  • Inclusion of Non-Muslims:
    • Non-Muslims can now be included in key waqf institutions like the Central Waqf Council, State Waqf Boards, and waqf tribunals.
    • The Central Waqf Council will include three Members of Parliament, who do not necessarily have to be Muslim.
    • State Waqf Boards must now include two non-Muslims and two women.
    • Waqf tribunals will now be reduced to a two-member body, consisting of a district judge and a State government officer, and must resolve disputes within six months.
  • Financial Oversight:
    • The Centre can order audits of any waqf property by an auditor appointed by the Comptroller and Auditor-General of India.
    • Waqf Boards must audit their accounts annually, using auditors from a State government panel.
    • Penalties will be imposed on mutawallis (custodians) who fail to maintain proper accounts.
  • Judicial Review:
    • Courts can now intervene in waqf disputes, allowing appeals to be made directly to the High Court, increasing judicial oversight over waqf decisions.

Q1. What is meant by Jizya Tax?

The Jizya, a tax imposed on non-Muslims in the Islamic world, acted as a source of revenue and a pact of protection for those living under Muslim rule

Q2. What is Right to Property in India?

Article 300-A (right to property act) was added to the Constitution in 1978. It states that “no person shall be deprived of his property except by authority of law”. It means that nobody can take away someone's property. However, it gives authority to the government to do it, if needed.

Source: Waqf Amendment Bill


Waiving Clinical Trials for Drugs Approved in Select Countries Blog Image

What’s in today’s article?

  • Why in News?
  • What are Clinical Trials?
  • Present Situation of Clinical Trials in India
  • Waiving Clinical Trials in India

Why in News?

  • The Central government has decided to waive the need for clinical trials in India if the drugs are approved in the US, UK, Japan, Australia, Canada, and EU.
  • This move could make drugs made outside of India more accessible and affordable in the local market.

What are Clinical Trials?

  • In a clinical trial, investigators enrol participants who meet certain qualifying criteria, then administer the intervention being tested, and finally measure the outcomes.
  • Trials can test drugs, medical devices, and even procedures, which should help investigators determine the safety and efficacy of the intervention to a reasonably high degree of confidence.
  • In India, the Indian Council of Medical Research (ICMR) maintains an online public-record system called the Clinical Trials Registry-India (CRTI).
    • Hosted by the ICMR’s National Institute of Medical Statistics, the CTRI is a free, online public-record system to register clinical trials being conducted in India.
    • It was launched in 2007 for use on a voluntary basis and in 2009 the Drug Controller General of India (DCGI) mandated all trials to be registered here.

Present Situation of Clinical Trials in India:

  • Several medicines already approved by other regulatory authorities in the US, the UK and the EU are not immediately available for Indian patients.
  • This is because of certain regulatory requirements under the Drugs and Cosmetics Act and rules made thereunder.
  • These include the requirement of conducting a local clinical trial and generating safety and efficacy data before marketing authorisation in India.
  • This leads to a delay in launching a new or novel medicine in India, which is anywhere between 5-20 years when compared to western markets.

Waiving Clinical Trials in India:

  • Legal provisions:
    • According to an order issued by India’s drug regulatory agency - Central Drugs Standard Control Organisation (CDSCO), the Central government has authorised the exemption of local clinical trials for approval of new drugs, ‘as per Rule 101’.
    • The Rule 101 of New Drugs and Clinical Trial Rules 2019 empowers the Central Licensing Authority (with approval of the Central govt) -
      • To specify the name of the countries (from time to time) for considering waiver of local clinical trial for approval of new drugs and
      • For grant of permission for conduct of clinical trials.
  • 5 categories of drugs that will be considered under the waiver:
    • Orphan drugs for rare diseases,
    • Gene and cellular therapy products,
    • New drugs used in pandemic situations,
    • New drugs used for special defence purposes, and
    • New drugs having significant therapeutic advances over the current standard care.
  • Need for the waiver: It has been a long-standing demand of the pharmaceutical companies and health experts for enhanced drug accessibility for patients and for research.
  • Significance of the waiver for Indian patients:
    • This will significantly benefit both domestic and foreign drug manufacturers by expediting the approval process and facilitating faster access to essential medications for treating diseases like -
      • Cancers, and
      • Rare diseases like Spinal Muscular Atrophy (SMA) and Duchenne Muscular Dystrophy (DMA), and autoimmune conditions.
    • There will also be a considerable reduction in the cost of various advanced medicines.
    • This will potentially transform both the pharmaceuticals and the healthcare landscape in India by promoting indigenous innovation and shift from volume to value.

Q.1. What are the New Drugs and Clinical Trial Rules 2019?

The New drugs and Clinical rules 2019 set specific requirements for the ethics committee (EC) to forward their report to the Central Licensing Authority (CLA).

Q.2. What is the Indian Council of Medical Research (ICMR)?

The ICMR is the apex body in India for the formulation, coordination and promotion of biomedical research. It is one of the oldest and largest medical research bodies in the world.

Source: Clinical trial: Government announces waiver for several drugs approved from select countries|

IE


Japan Issues its First-Ever 'Megaquake Warning' Blog Image

What’s in today’s article?

  • Why in News?
  • What Concerns are Japanese Authorities Currently Facing?
  • Why was Alert Issued if Earthquakes can't be Predicted?
  • What is the Ring of Fire?

Why in News?

  • A recent earthquake (of magnitude 7.1 on Richter scale) in southern Japan was promptly followed by a major warning from Japan's meteorological agency, stating that there was a heightened risk of a first-ever "mega earthquake".
  • Earthquakes with a magnitude greater than 8 (on Richter scale) are classified as megaquakes.

What Concerns are Japanese Authorities Currently Facing?

  • Japan is situated on the Ring of Fire:
    • Though Japan is no stranger to seismic activity (experiencing approx. 1,500 earthquakes annually), most of these tremors cause minimal damage.
    • However, there have been devastating exceptions, such as the magnitude 9.0 quake that struck in 2011, triggering a tsunami and nuclear disaster that claimed over 18,000 lives along the north-east coast.
  • The Nankai Trough:
    • The Nankai Trough, situated off the southwest Pacific coast of Japan, is a significant geological feature that extends for roughly 900 km (600 miles).
    • This trough is formed by the subduction of the Philippine Sea Plate beneath the Eurasian Plate.
    • The convergence of these two tectonic plates along the Nankai Trough results in the accumulation of immense tectonic strains over time.
    • These built-up strains have the potential to trigger a devastating megaquake approximately once every 100 to 150 years.
    • For example, a rupture spanning the entire 600km length of the Nankai Trough triggered Japan's 2nd-largest recorded earthquake (followed by the eruption of Mount Fuji) in 1707.
    • According to experts, there is a 70% to 80% probability of a magnitude 8 or 9 earthquake occurring somewhere along the trough within the next three decades.

Why was Alert Issued if Earthquakes can't be Predicted?

  • According to experts, the issuance of the warning has almost nothing to do with science.
  • This is because earthquakes are known to be a "clustered phenomenon", and it is not possible to tell in advance whether a quake is a foreshock or an aftershock.
  • However, the alert was sent out urging individuals to be ready for potential evacuation. For example,in several towns authorities are encouraging elderly residents and others to voluntarily relocate to safer areas.

What is the Ring of Fire?

  • The Ring of Fire is a tectonic belt of volcanoes and earthquakes, which is about 40,000 km (25,000 mi) long] and up to about 500 km (310 mi) wide.
  • It surrounds most of the Pacific Ocean, hence it is also called Circum-Pacific Belt.
  • It contains between 750 and 915 active or dormant volcanoes, which is around two-thirds of the world total.
  • About 90% of the world's earthquakes, including most of its largest, occur within the belt.

Q.1. What is the difference between the mercalli and richter scales of seismic activity?

The Mercalli and Richter scales are both used when measuring the impacts of seismic activity. However, while the Richter scale measures the magnitude/ force of the earthquake, the Mercalli scale measures the physical impact/ intensity of the earthquake within a given location.

Q.2. What is the difference between the epicenter and the focus of an earthquake?

The focus is the place inside Earth's crust where an earthquake originates. The point on the Earth's surface directly above the focus is the epicenter.

Source: Japan’s ‘megaquake‘ warning | Explained | ToI | IE


How Centre’s Clean Plant Programme Plans to Boost Production of Fruits Blog Image

What’s in today’s article?

  • Why in the News?
  • About Clean Plant Programme
  • Implementation of CPP
  • What is the Need for CPP?

Why in the News?

  • The Union Cabinet on Friday approved the Clean Plant Programme (CPP), aimed at increasing the yield and productivity of horticulture crops in India.

About Clean Plant Programme

  • The Clean Plant Programme (CPP) is an initiative by the Indian Government aimed at boosting the availability of disease-free and high-quality planting material for horticultural crops, such as fruits, vegetables, and flowers.
  • It was first announced in Union Finance Minister Nirmala Sitharaman’s interim Budget speech in February 2023.
  • The program's primary focus is to enhance the productivity and quality of horticultural produce by ensuring that farmers have access to certified, disease-free planting material, which can significantly reduce crop losses and improve yields.
  • The Ministry of Agriculture has sought an allocation of Rs 1,765 crore for the programme.
    • One half of this will be sourced from the budget of the Mission for Integrated Development of Horticulture (MIDH), while the other half will be in the form of a loan from the Asian Development Bank (ADB).

Implementation of CPP

  • The programme consists of three key components designed to help farmers access virus-free, high-quality planting material for vegetative propagation, aimed at boosting crop yields and enhancing income opportunities:
  • Establishment of Nine Clean Plant Centers (CPCs): These centres will offer disease diagnostics and treatments, develop mother plants for nurseries, and quarantine all domestic and imported planting materials intended for commercial propagation and distribution.
  • Infrastructure Development: This includes setting up large-scale nurseries to efficiently multiply clean planting material. The mother plants produced by the CPCs will be propagated in these nurseries and then distributed to farmers.
  • Regulatory and Certification Framework: A robust regulatory and certification process will be created to ensure complete accountability and traceability in the production and distribution of planting material.

What is the Need for CPP?

  • India, the world's second-largest producer of fruits and vegetables after China, has seen significant growth in horticulture over the past decade.
  • From 2013-14 to 2023-24, the area under horticulture crops expanded from 24 million hectares to 28.63 million hectares, with production rising from 277.4 million metric tonnes to 352 million metric tonnes.
  • India is also a significant player in the global fruit market, both as an importer and exporter.
  • In the financial year 2023-24, India exported fresh fruits worth $1.15 billion and imported fruits valued at $2.73 billion.
  • With increasing domestic consumption, there has been a growing demand for planting materials of foreign apples and exotic fruits like avocados and blueberries.
  • Between 2018-20, the import of planting materials saw a substantial rise, with apple plant imports increasing from 21.44 lakh in 2018 to 49.57 lakh in 2020.
  • Avocado plant imports surged from 1,000 to 26,500, and blueberry plant imports grew from 1.55 lakh to 4.35 lakh during the same period.
  • Currently, the import process for plants is lengthy, requiring a two-year quarantine period.
  • The introduction of Clean Plant Centers (CPCs) aims to reduce this quarantine period to six months, making it easier for farmers to access disease-free and authentic planting material.

The CPCs are modelled after successful projects in countries like the US, Israel, and the Netherlands.


Q1. What do you mean by Horticulture?

Horticulture is defined as that branch of agriculture concerned with growing plants that are used by people for food, for medicinal purposes, and for aesthetic gratification.

Q2. What is the difference between Horticulture and Olericulture?

Horticulture is the process of maintaining and developing a garden whereas Olericulture is the process of production, processing and storage of vegetables and fruits.

Source: How Centre’s Clean Plant Programme plans to boost production of fruits