What’s in today’s article?

• What is a Carbon Market?
• Benefits of Carbon Markets
• Criticism and Challenges
• How Carbon Markets Work?
• Global Perspective and the Role of COP29
• Criticisms of Carbon Offsets
• Industry & Government Perspectives
• Conclusion

What is a Carbon Market?

• A carbon market is a system that allows the buying and selling of the right to emit carbon dioxide (CO2) into the atmosphere.
• Governments issue carbon credits, where one credit equals 1,000 kilograms of CO2 emissions.
• The idea is to control the total carbon released by limiting the number of carbon credits issued.
• Firms or individuals exceeding their emission quotas must buy additional credits from those who emit less than their allowance. This trading creates a financial incentive to reduce emissions.
• The concept first emerged in the 1990s in the U.S., using a cap-and-trade model to regulate sulphur dioxide emissions.
• Now, carbon markets are expanding to include carbon offsets, where businesses pay for environmental projects like tree planting to compensate for their emissions.

Benefits of Carbon Markets

• Internalizing Externalities: Emissions are a classic externality, where businesses do not bear the cost of the pollution they cause. Carbon markets impose a price on emissions, motivating companies to reduce their carbon footprint.
• Market Efficiency: Allowing the trading of credits ensures that firms with lower costs of reducing emissions take more action, optimizing resource allocation.
• Improved Monitoring: Technological advancements have enhanced the tracking and reporting of emissions, making the system more reliable.

Criticism and Challenges

• Manipulation of Supply: Governments might issue excessive credits, reducing their price and failing to curb emissions effectively.
• Lack of Incentives: Firms may engage in virtue signalling by purchasing offsets without ensuring real emission reductions.
• Voluntary Systems: Large corporations often resist government-imposed budgets, preferring voluntary frameworks like the Carbon Disclosure Project.
• Economic Impacts: Critics argue that restricting carbon credits might slow economic growth.

How Carbon Markets Work?

• Cap-and-Trade: Governments set a cap on total emissions and issue credits accordingly. Companies that emit less can sell their unused credits to others.
• Carbon Offsets: Businesses pay for environmental initiatives, such as afforestation, to offset their emissions.
• Price Determination: Market forces of supply and demand decide the price of carbon credits.

Global Perspective and the Role of COP29

• The ongoing COP29 Climate Conference in Baku has approved standards to establish an international carbon market, potentially operational next year.
  • COP stands for Conference of the Parties and it often refers to the United Nations Framework Convention on Climate Change (UNFCCC) international meeting focusing on climate.
• This move aims to harmonize global efforts to curb emissions and align with the Paris Agreement goals.

Criticisms of Carbon Offsets

• Efficacy Concerns: Some argue offsets are more about public image than actual impact.
• Lack of Verification: Ensuring that projects genuinely offset emissions remains a challenge.

Industry & Government Perspectives

• Large corporations like ExxonMobil support market-based mechanisms over government controls, arguing for flexibility and cost-efficiency.
• Governments must balance environmental objectives with economic growth, navigating complexities in regulating and monitoring emissions.

Conclusion

• Carbon markets offer a promising tool for mitigating climate change by assigning economic value to carbon emissions.
• However, their success depends on robust regulation, transparency, and genuine commitment from all stakeholders.
• By addressing the criticisms and refining the system, carbon markets can significantly contribute to achieving global climate goals.

Q1. What is the UNFCCC and what do they do?

The UNFCCC secretariat (UN Climate Change) is the United Nations entity tasked with supporting the global response to the threat of climate change. UNFCCC stands for United Nations Framework Convention on Climate Change. 

Q2. What is the difference between mitigation and adaptation?

In essence, adaptation can be understood as the process of adjusting to the current and future effects of climate change. Mitigation means preventing or reducing the emission of greenhouse gases (GHG) into the atmosphere to make the impacts of climate change less severe.

News: How would a carbon market function? | Explained

What’s in today’s article?

• Why in News?
• POSH Act 2013
• Applicability of the POSH Act to Political Parties: Legal Challenges
• Political Parties and POSH Act
• ECI’s stand on getting political parties to comply with other laws

Why in News?

The Supreme Court recently heard a PIL advocating for the application of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (commonly known as the POSH Act, 2013) to political parties. 

The petitioner highlighted inconsistencies in the presence of Internal Complaints Committees (ICCs) within political parties to address sexual harassment complaints. 

The court directed the petitioner to approach the Election Commission of India (ECI), deeming it the appropriate authority to encourage political parties to establish mechanisms compliant with the POSH Act. 

This case has raised questions about the applicability of the POSH Act to organisations like political parties, which often do not conform to conventional workplace structures.

The PoSH Act 2013: 

• Background - Vishakha v. The State of Rajasthan (1997): 
  • The SC issued the Vishaka Guidelines, with the primary objective of providing a mechanism for workplace sexual misconduct redress and grievance processes. 
  • These recommendations inspired the PoSH Act - a law administered by the Union Ministry of Women & Child Development (MoWCD). 
• Objective of the PoSH Act:
  • It aims to protect the rights of women at work and to make the workplace a safer place for them. 
  • The legislation also functions as a forum for both avoiding and addressing problems.

Applicability of the POSH Act to Political Parties: Legal Challenges

• Section 3(1) of the POSH Act
  • Section 3(1) of the POSH Act ensures protection against sexual harassment for women at workplaces. 
  • The Act broadly defines "workplace" to include both public and private organisations, hospitals, sports venues, homes, and locations visited during employment. 
  • However, its application to political parties is unclear due to their unique structure.
• Issue raised by the Kerala HC
  • The Kerala High Court addressed this in Centre for Constitutional Rights Research and Advocacy v. State of Kerala & Ors (2022). 
  • The court ruled that political parties lack an employer-employee relationship with their members and do not fit the definition of a "workplace" under the POSH Act. 
  • Consequently, political parties were deemed not liable to establish Internal Complaints Committees (ICCs). 
  • This raises legal and structural challenges in ensuring accountability for sexual harassment within political organisations.

Political Parties and POSH Act

• Registration of Political Parties Under the Representation of People Act, 1951
  • Section 29A of the Representation of People Act mandates political parties to register with the Election Commission of India (ECI). 
  • The registration application requires details such as the party’s name, headquarters, office bearers, local units, and members. 
  • It must also include a memorandum affirming allegiance to the Constitution of India.
• Challenges in Applying the POSH Act to Political Parties
  • The POSH Act aims to protect women from sexual harassment at workplaces, but its applicability to political parties is unclear due to their non-traditional structures. 
  • Party workers, often temporary or field-based, may lack a defined “workplace” and have limited interaction with higher-level officials. 
  • Identifying the “employer” within a political party, as required by the POSH Act for forming an Internal Complaints Committee (ICC), is also ambiguous.
• Expansive Definitions in the POSH Act
  • Despite challenges, the POSH Act’s broad definitions of “workplace” and “employee” could provide some basis for application. 
  • The Act includes locations visited during employment and recognizes temporary, contractual, or volunteer workers as employees, potentially covering party workers. 
  • Party constitutions that outline organisational hierarchies could also help identify the “employer” responsible for setting up ICCs.
• Current Internal Discipline Mechanisms in Political Parties
  • Political parties handle discipline through internal committees, such as the Congress’ hierarchical committees and the BJP’s “Disciplinary Action Committees.” 
  • While these bodies address broad breaches of discipline like “moral turpitude” or actions lowering the party’s prestige, they lack specific provisions for handling sexual harassment. 
  • They also do not require women or external members, as mandated for ICCs under the POSH Act.

ECI’s stand been on getting political parties to comply with other laws

• ECI’s Authority and Role in Elections
  • Under Article 324 of the Constitution, the Election Commission of India (ECI) is empowered with the superintendence, direction, and control of elections to Parliament, State legislatures, and the offices of the President and Vice-President. 
  • Its authority is reinforced by the Representation of People Act, 1951 (RP Act).
• Ambiguity in Enforcing Compliance with Other Laws
  • The ECI’s role is well-defined under the RP Act, but its authority to enforce compliance with other laws, such as the Right to Information Act, 2005, remains unclear. 
  • Despite a 2013 ruling by the Central Information Commission (CIC) declaring political parties as public authorities under the RTI Act, parties have yet to comply by appointing public information officers, as mandated.
• ECI’s Adherence to the CIC Order
  • The ECI has aligned itself with the CIC’s 2013 order, maintaining that national parties are public authorities under the RTI Act. 
  • In a 2018 press statement, the ECI affirmed that it publishes all information submitted by parties, including contributions and annual audited accounts, in the public domain.
• Issuing Advisories to Enforce Other Laws
  • The ECI adopts an advisory approach to encourage compliance with laws beyond the RP Act. 
  • For example, ahead of the 2024 Lok Sabha elections, it instructed parties not to involve children in campaigning, in adherence to the Child Labour (Prohibition and Regulation) Act, 1986. 
  • This reflects the ECI’s broader efforts to promote legal compliance among political parties.

Q.1. What challenges exist in applying the POSH Act to political parties?

Political parties often lack a traditional workplace structure, making it unclear who qualifies as the "employer" responsible for forming ICCs. Additionally, many party workers are temporary or field-based, complicating compliance with the Act's requirements.

Q.2. What is the Election Commission's role in implementing the POSH Act for political parties?

The Election Commission can encourage compliance by leveraging its authority under the RP Act. However, its role in enforcing laws like the POSH Act remains ambiguous, as highlighted in its advisory approach to similar laws.

News: Could the POSH Act apply to political parties? | Business Standard | The Hindu

What’s in today’s article?

• Why in News?
• Reasons Behind the Fall of the Assad Regime
• Current Power Structure in Syria
• Geopolitical Stakes in Post-Assad Syria
• Uncertain Future for a Post-Assad Syria

Why in News?

A Supreme Court-appointed commissioner will visit the Sanganer open prison, one of India’s largest. 

The visit follows a dispute over the Rajasthan government’s plan to construct a hospital on land currently used by the jail. The Supreme Court, during a hearing on November 25, directed the commissioner to inspect the site and submit a report within four weeks.

Open Prison

• Definition
  • The Model Prisons and Correctional Services Act, 2023, defines open correctional institutions as facilities offering eligible prisoners more freedom outside regular prisons to aid their rehabilitation. 
  • Since prisons are a state subject, state governments set their own rules for establishing open jails, with eligibility typically based on the nature of the crime, inmate behavior, and sentence completion.
• Features
  • Open jails have minimal security, allowing convicts to engage in activities like agriculture. 
  • These facilities help reduce overcrowding in regular prisons and facilitate prisoner reintegration into society. 
  • Some states designate separate areas within closed jails for open jail inmates, while others establish independent colonies where prisoners may live with their spouses under restricted movement.

History of Open Jails in India

• Background
  • The first open jail in independent India was established in 1949 in Lucknow, Uttar Pradesh, followed by similar jails in other parts of the state in 1952. 
  • The concept of open-air camps was proposed at the Hague Conference in 1952 to help prisoners lead a near-community life after completing part of their sentence.
• Justice Mulla Committee on Open Jails (1980-83)
  • The All-India Committee on Jail Reform, also known as the Justice Mulla Committee, reported 28-30 open jails in India during 1980-83. 
  • It highlighted the lack of a legal framework in many states and noted that only 13 states had rules for open jails. 
  • The committee recommended:
    • Using land near closed prisons for open jails.
    • Engaging inmates in work-based activities like agriculture, dairy farming, and projects such as dam construction.
    • Providing uniform wages, as some states offered only token wages while others paid at community-level rates.
• Current Status of Open Jails in India
  • As per the Prison Statistics of India 2022, there are 91 open jails across 17 states, with a capacity of 6,043 inmates and 4,473 prisoners currently lodged. 
  • Rajasthan has the highest number of open jails (41), followed by Maharashtra (19). Open jails remain a significant initiative to reduce overcrowding and rehabilitate prisoners.

Sanganer Open Jail: A Model for Open-Air Camps

• Historical Background
  • The Sanganer open jail, also known as Sampurnanand Khula Bandi Shivir, was established in 1963. 
  • It has operated continuously, unlike other open jails that faced closures due to issues like prison breaks.
• Unique Features
  • Accommodation for Families: Inmates can live with their spouses and children, fostering a family-like environment.
  • Self-Sufficiency: Inmates pay for water and electricity, construct and maintain their own homes, and earn a living through local community jobs such as running shops.
  • Self-Governance: The jail has bandi panchayats, where prisoners manage roll calls twice daily and oversee internal governance.
• Infrastructure and Community Integration
  • Facilities: The complex includes a primary school (open to local children), anganwadis, and a playground.
  • Work Opportunities: Inmates work within the local community, ensuring financial independence.
  • Access to Technology: Inmates have access to phones, promoting better communication.
• Inmate Selection Criteria
  • Unlike most open jails, where prisoners nearing the end of their sentence are admitted.
  • Sanganer requires prisoners to have completed at least 6 years and 8 months of their term, along with good conduct.
• Legacy and Influence
  • The Mulla Committee recommended replicating Sanganer as the “final stage in the open camp movement.” 
  • Inspired by its success, many additional open-air camps have been established in Rajasthan, making it the state with the highest number of such facilities in India.

Dispute Over Land Allocation at Sanganer Open Jail

• Background: Supreme Court’s Previous Directive
  • In May 2024, the Supreme Court ruled that areas of open jails should not be reduced, emphasizing the importance of preserving such spaces.
• Contempt Petition filed
  • Filed by a social worker, the petition argues that the Rajasthan government’s plan to allocate 21,948 square meters of jail land for a hospital will disrupt the ecosystem of this unique and successful open jail model.
• State Government’s Position
  • The government denies any attempt to reduce the jail’s area.
  • It claims that some structures for prisoners were constructed unauthorizedly and proposes to allot additional land to relocate prisoners to new shelters.
• Supreme Court’s Stance on this issue
  • On November 25, the SC bench emphasized balancing the needs of the open correctional home and the hospital, which would serve the surrounding community.
  • The court also appointed a court commissioner who will inspect the site and submit a report.

Q.1. What makes Sanganer Open Jail unique?

Sanganer Open Jail allows inmates to live with their families, engage in community jobs, and practice self-governance through bandi panchayats. Its emphasis on rehabilitation and independence sets it apart from other jails.

Q.2. What is the legal dispute involving Sanganer Open Jail?

A Supreme Court case concerns Rajasthan's plan to allocate jail land for a hospital. The court must balance preserving the jail's ecosystem with community healthcare needs. A court-appointed commissioner is reviewing the matter.

News: Locked in court battle, why Sanganer open air jail is special | Times of India | Indian Express