Climate Litigation

Why in news?

Recent Supreme Court’s ruling on right against climate change could energise climate litigation in India.

What is the Supreme Court’s recent ruling on right against climate change?

• The Supreme Court of India has made a significant ruling that acknowledges the fundamental right of people to be free from the adverse impacts of climate change, it is seen as an extension from the right to life (Article 21) and equality (Article 14) under Indian Constitution.
• The court has recognized that the right to a clean environment is well established in Indian jurisprudence, and given the increasing damage caused by climate change, it is essential to establish a distinct right to be protected against its negative effects.
• This landmark decision came about in a case concerning the conservation of the Great Indian Bustard, an endangered species.
• The central government sought to modify a 2021 order related to the bird's conservation, arguing that it was impractical and could hinder India's renewable energy development and its climate change commitments.
• The Supreme Court agreed to amend the order but also took the opportunity to address the broader issue of climate change risks.
• The ruling is expected to energize climate litigation in India, as it sets a precedent for the legal recognition of the right to be protected from climate change.
• It also reflects a global trend where courts are increasingly being approached to address climate-related issues.

Why there is global surge in climate litigation?

Global Climate Litigation Report 2023 by UNEP identified 2,180 climate-related cases being heard by courts, tribunals and other adjudicatory bodies in 65 countries.

• Diverse actors- Children and youth, women’s groups, local communities, and Indigenous Peoples are taking prominent role in bringing climate litigation cases.
• Awareness generation- Due to involvement of diverse actors, it fosters climate change governance reforms in many countries around the world.
• Environmental rule of law-Access to justice enables the protection of environmental law and human rights, promoting accountability in public institutions.
• Connection with human rights- Many cases brought before the courts show concrete links between human rights and climate change.

UN General Assembly’s recognises the human right to a clean, healthy and sustainable environment

• Global impact- While most cases have been brought in the United States, climate litigation is taking root worldwide. About 17% of cases are now reported in developing countries, including Small Island Developing States.
• Vulnerable voices- Vulnerable groups, including children and youth, are making their voices heard globally. For instance, cases have been brought by and on behalf of children as young as 7 and 9 years old in Pakistan and India.
• Role of judiciary- Sensitization of courts due to climate related issues due to increased litigation, it further enhances the accountability in government and corporate climate actions.

What is the status of climate litigation in India?

As per Global climate litigation report India ranks 14^th globally with 11 cases

• Role of judiciary- National Green Tribunal deals exclusively with environmental matters, is the main forum for climate related cases but petitions routinely land in the High Court and Supreme Court.
• Potential for new jurisprudence- Supreme Court’s ruling on right against climate change could lead to a new jurisprudence that balances human and socio-economic development with environmental and climate considerations.
• Effectiveness of court rulings- There is a question about the effectiveness of court rulings on climate change, particularly in enforcing rights related to climate change impacts.
• Challenges- The court may not be proactive in climate change cases as they are with other environmental issues due to complex nature of climate change and its socio economic implications.

What lies ahead?

• Climate change is a complex issue that may not be fully addressed through litigation alone, as it involves multi-dimensional problems that exceed the capabilities of local, regional, or national governments.
•  Courts may encourage the government to develop mitigation and adaptation strategies but are less likely to enforce such measures strictly.

References

1. Indian Express- Climate litigation in India
2. NGT-  About NGT
3. Down To Earth- Climate action in India

Voting Process in India

Why in news?

The Supreme Court has decided to hear petitions seeking 100% cross-verification of the Voter Verifiable Paper Audit Trail (VVPAT) slips.

What is the history of voting process?

• Early elections- In the first two general elections (1952 and 1957), voters used a unique system where they dropped a blank ballot paper into a box designated for each candidate, identified by their election symbol.
• Ballot papers- From third general election onwards, traditional ballot papers featuring ballot papers featuring the names and symbols of candidates were introduced, voters would mark their choice with a stamp.
• Trail of EVM-In 1982 Electronic Voting Machine was first trailed in the Assembly constituency of Paravur in Kerala.
• Widespread of EVM- In 2001 EVMs are fully deployed across all booths during the Assembly elections in Tamil Nadu, Kerala, Puducherry, and West Bengal.

By 2004 Lok Sabha elections, EVMs were used across all 543 constituencies.

• ETPBS- Electronically Transmitted Post Ballot System is introduced in 2016 allowing service voters like members of the armed forces and government employees on election duty remotely.
• NOTA- In 2013, India became the 14th country to institute negative voting through None of the Above (NOTA). However, it is not a “right to reject”.
• VVPAT- Voter Verifiable Paper Audit Trail was first used in by-election for Noksen assembly seat in Nagaland.

• 100% VVPAT backing- The 2019 general elections saw EVMs backed with 100% VVPAT across all constituencies, ensuring an additional layer of verification for voters.

Supreme Court has ruled that VVPAT is essential for maintaining free and fair election in Subramanian Swamy vs Election Commission of India

• Judiciary opinion- The Supreme Court has upheld that the use of EVMs in various judgements, affirming their validity in the electoral process.

What are the features of EVMs?

• Electronic Voting Machine (EVM) is an electronic device for recording votes that consists of two Units –
  • Control Unit and
  • Balloting Unit.

• Booth capturing prevention-EVMs have curtailed booth capturing by limiting the vote casting rate, making it more time-consuming to cast false votes.
• Elimination of invalid votes- The issue of invalid votes, which was a significant problem with paper ballots, has been addressed by EVMs.
• Environmental benefits- With a large electorate, EVMs are eco-friendly as they reduce paper consumption.
• Administrative convenience-EVMs provide ease for polling officers on election day and enable faster, error-free counting.
• Random allocation-EVMs are randomly allocated to booths before polls.
• Mock polls- They are conducted to demonstrate the accuracy of EVMs and VVPAT before actual polling begins.
• Transparency- Serial numbers of EVMs and the total votes polled are shared with candidates’ agents for verification during counting.
• Security- The Election Commission of India (ECI) has repeatedly assured that EVMs are standalone devices without external connectivity, thus mitigating the risk of hacking.

What are the challenges of EVMs?

• Verifiability- The current practice of matching EVM counts with VVPAT slips in five booths per assembly constituency/segment has been questioned for not being scientifically grounded, which could potentially overlook defective EVMs.
• Susceptibility to hacking- Various political parties and civil society activists have raised doubts about the security of EVMs, alleging that they are susceptible to hacking due to their electronic nature.
• Voter privacy- The current process allows for the identification of booth-wise polling behaviour by various political parties, they could potentially lead to profiling and intimidation of voters.

What lies ahead?

• A scientific approach should be adopted to determine the sample size for matching EVM counts with VVPAT slips, possibly by dividing states into larger regions.
• In the event of discrepancies, it’s recommended to count all VVPAT slips in the affected region to ensure accuracy in the results.
• The introduction of ‘totaliser’ machines is proposed to aggregate votes from multiple EVMs, which would help maintain voter secrecy at the booth level.

Totaliser is a mechanism which allows votes from 14 booths to be counted together so that voters are saved from pre-poll intimidation and post-poll harassment.

References

1. The Hindu- Need of reforms in voting
2. The Hindu- History of EVMs

Extraction of Hydrocarbon

Why in news?

Over millions of years, organic materials from deceased organisms undergo geological processes such as heat and pressure within the Earth’s crust that transforms these into hydrocarbons.

Where hydrocarbons are located?

• Rock formation- The most common forms in which these hydrocarbons exist in subterranean rock formations are natural gas, coal, crude oil, and petroleum.
• Reservoirs- Hydrocarbons are typically found in underground reservoirs, they are created when a more resistant rock type overlays a less resistant one, effectively creating a “lid” that traps the hydrocarbons below it.

Rock formation are crucial as they prevent hydrocarbons from floating to the surface and dissipating

• Kerogen-The primary source of hydrocarbons in these underground formations is kerogen, which consists of lumps of organic matter.

• Source rock- The rock that contains kerogen is known as the source rock.
• Petroleum geologists- They have several responsibilities like locating source rock, analysing characteristics and estimating hydrocarbon potential, through this they take drilling decision.

How are hydrocarbons accessed?

• Production well- The first step is to create a production well, which serves as the primary hole through which hydrocarbons are extracted from the reservoir, the well’s location is chosen to maximize drainage from reservoir.
• Drilling process-Engineers use a drilling machine to create the well.

• Steel casings- They are slightly narrower than the hole created by drill bit, they are lowered into the tunnel.

• Cement slurry- It is pumped into the gap between the tunnel’s outer edge and the casings, it protects the upper parts of the tunnel from collapsing and prevents soil fluids from entering the well.
• Drilling fluid-  The tunnel is filled with drilling fluid (also known as mud), they serve two primary purposes.
  • It prevents the drill bit from overheating.
  • It carries away pieces of rock cut by the bit when pumped to the surface.
• Controlled pressure- The pressure of the drilling fluid must be carefully controlled, if not it could force hydrocarbons in the source rock to rush into the gap between the casing and the drill string, causing an eruption like an oil volcano.
• Blowout preventers- Modern drilling setups include mechanical valves called blowout preventers, they prevent uncontrolled gushing of hydrocarbons in the borehole and manage equipment inside.
• Mud-logging- The process of recording rock cuttings by depth and studying their properties is called mud-logging.
• Drill bit descent- As the drill bit descends, the drill pipe length is increased by adding extensions, the drill pipe can also be pulled up if replacement is needed.
• Sophisticated drilling rigs- They come equipped with generators and batteries to power various steps.Offshore rigs have additional facilities to enhance stability and aid extraction through the water column.

• Stopping extraction- The contractor may cease extraction activities if the well is not producing enough to be profitable.
• Plugging the well-The well must be plugged to prevent hydrocarbons and gases from escaping into the environment. Plugs can be  temporary  (if there's a possibility of recommissioning the well) or permanent.
• Plugging issues- Improperly plugged wells can lead to environmental issues. Plugs may deteriorate or fail due to quality issues or external disturbances.
• Decommissioning- The most thorough method of concluding operations is decommissioning the well. The process is comprehensive but can be expensive and sometimes commercially unfeasible.
• Environmental concerns- Improperly abandoned wells can be significant sources of methane emissions. The production and use of equipment for hydrocarbon extraction also contribute to emissions.

  A study from 2018 estimated that 9,000 oilfields across 90 countries released 1.7 billion tonnes of carbon dioxide in 2015.

Reference

 The Hindu- How are hydrocarbons are extracted?

Prelim Bits 18-04-2024 | UPSC Daily Current Affairs

Salas y Gomez

Scientists recently announced the discovery of 160 marine species in the Salas y Gomez ridge.

• Salas y Gomez is an oceanic ridge in the Southeastern Pacific Ocean.
• Ecosystems in Salas y Gómez and Nazca ridges region are isolated by the Atacama Trench, the Humboldt Current System, and an extreme oxygen minimum zone.
• This isolation has produced a unique biodiversity that is marked by one of the highest levels of marine endemism on Earth.
• Waters surrounding the Salas y Gómez and Nazca ridges are mostly located in areas beyond national jurisdiction (ABNJ), with smaller portions located in the national waters of Chile and Peru.
• This region in whole covers over 73% of the Salas y Gómez and Nazca ridges, are unprotected and under threat.
• The Salas y Gómez Ridge is one of the many global locations under consideration for being designated as high seas marine protected area upon the ratificiation of the UN High Seas Treaty.

Recent Findings

• Scientists discovered 160 species (at least 50 are new) when exploring 10 seamounts (6 non-documented) and 2 islands.
• The findings come from the expedition across the Salas y Gómez Ridge to Rapa Nui, more commonly known as Easter Island.
• They discovered squid, fish, corals, mollusks, sea stars, glass sponges, sea urchins, crabs, and squat lobsters, and other species.
• They also potentially set a record for sighting the deepest-known photosynthesis-dependent animal, Leptoseris or the wrinkle coral.

References

1. The Indian Express | Salas y Gómez
2. IUCN | Salas y Gomez and Nazca ridges

Committee for queer community

The Ministry of Law and Justice recently notified a 6-member committee headed by cabinet secretary to address issues related to the queer community.

• The committee was formed in terms of the Supreme Court's Constitution bench judgment in Supriyo Vs Union of India on October, 2023.

• The committee will suggest measures to ensure that the queer (LGBTQIA+) community does not encounter any discrimination in
  • Accessing goods and services,
  • Social welfare schemes, or
  • Face threat of violence among others.
• The committee will look into measures to make sure that queer people are not subjected to involuntary medical treatments and surgeries, including modules to cover mental health.
• The order allows the committee to also co-opt experts and other officers if deemed necessary.

References

1. The Hindu | Centre forms panel for Queer community
2. Deccan Herald | Panel for Queer community

Soil Acidification

A recent study says that Soil Acidification may strip Indian soils of 3.3 billion tonnes of essential carbon, affecting crop growth, sequestration.

• Soil acidification is a process where the pH level of the soil decreases, making it more acidic.
• This process can affect both the surface soil and subsoil.
• Contributing factors
  • The application of high levels of ammonium-based nitrogen fertilisers to naturally acidic soils.
  • leaching of nitrate nitrogen, originally applied as ammonium-based fertilisers.
  • harvesting plant materials (plant material is alkaline so when it is removed the soil is more acidic than if the plant material had been returned to the soil).
• Effects
  • Excessively acidic soils may lead to a dramatic decline in crop and pasture production because the pH of the soil changes the availability of soil nutrients.
  • It can also lead to the leaching of toxic metals into water sources.

Soil acidification affects about 48 million hectares (mha) out of 142 mha of arable land in India.

Soil organic carbon (SOC)

• Carbon in soil can be stored in the form of SIC or soil organic carbon (SOC).
• The former includes mineral forms of carbon like calcium carbonate produced by weathering parent material in soil or from the reaction of soil minerals with atmospheric carbon dioxide.
• The latter, which plays a role in nutrient cycling, is the main component of soil organic matter such as plant and animal waste, microbes and microbial byproducts.
• Together, soils store more than thrice the quantity of carbon in vegetation or double the quantity of carbon in the atmosphere.
• India is likely to be most affected by Soil Inorganic Carbon (SIC) losses due to relatively large stocks of SIC and the magnitude of soil acidification associated with nitrogen additions.

Soil Inorganic carbon (SIC)

• SIC plays a dual role in storing carbon and supporting ecosystem functions that depend on it.
• Inorganic carbon is found in ores and minerals, as opposed to organic carbon, which can be found in nature through plants and animals.

References

Down to Earth | Soil acidification in India

Changes in Green Credit Programme Norms

The Union Environment Ministry recently says that primacy must be accorded to restoring ecosystems over tree planting.

Recent changes

• The guidelines said that States must rely on to calculate what it would cost to restore a degraded forest landscape.
• The guidelines also changed the earlier requirement that there be a minimum of 1,100 trees per hectare to qualify as reforested landscape and left it to States to specify them.
• Preference would be given to indigenous species and naturally growing seedlings would be retained.
• Moreover, companies would not be able to offset all their obligations under compensatory afforestation using green credits but could claim a portion of it.

Green Credit Programme (GCP)

• It is an innovative market-based mechanism designed to incentivize voluntary environmental actions.
• The environmental actions include across diverse sectors such as various stakeholders like individuals, communities, private sector industries and companies.
• GCP will focus on water conservation and afforestation.
• The Indian Council of Forestry Research and Education (ICFRE) serves as the GCP Administrator, responsible for program implementation, management, monitoring, and operation.
• Green Credit Registry and trading platform is being developed by ICFRE to facilitate the registration and the buying and selling of green credits.
• Trade Market - The green credits will be tradable and be made available for trading on a domestic market platform.

Reference

The Hindu | Centre tweaks green credit programme norms

Ringwoodite

Scientists discover a gigantic reservoir of water that is three times the size of Earth's oceans combined, 700 km beneath the planet's surface in a rock known as ringwoodite.

Recent Findings

• Scientists have unearthed a monumental reservoir of water concealed beneath the Earth's surface.
• This discovery, estimated to be 3 times larger than all the oceans combined, is located approximately 700 km below the Earth's surface.
• The existence of this underground ocean was confirmed through the study of seismic waves generated by Earthquakes.
• This hidden but vast subterranean ocean, within a mineral known as ringwoodite.
• It gives evidence of a high water storage capacity in the minerals of the Earth’s mantle transition zone, which ranges from 410 to 660 kilometers in depth.

Ringwoodite

• Ringwoodite is a fascinating mineral comes from olivine (another mineral) that exists in the Earth’s transition zone.
• It has a unique crystal structure that allows it to absorb water and hydrogen, acting like a sponge but it can’t absorb water in liquid, solid or gas form.
• The weight of hundreds of kilometers of rock and very high temperatures above 1,000 degrees Celsius break down water into its components.
• Water is taken down into the mantle with minerals during the process known as plate tectonics.
• When the minerals containing this water reach certain depths, they break down in a process called dehydration and release the water to form magmas.
• Such "dehydration melting" is common in the shallow mantle and forms the source for magmas in many volcanoes.

References

Times of India | world's largest ocean

NBC | Earth's Rocks Contain a Hidden Ocean's Worth of Water