What is the News ?

Supreme Court panel flags reconstruction of lost essential documents of victims as the first healing step in Manipur.

Facts About:

The Committee

• The committee was constituted to supervise, intervene and monitor relief and rehabilitation, restoration of homesteads, religious places of worships, better relief work, etc. in Manipur.
• The committee is led by former Jammu & Kashmir High Court Chief Justice Gita Mittal, the committee includes Justices (retd) Shalini P Joshi and Asha Menon.
• This move aims to oversee various aspects beyond the investigation, such as relief, rehabilitation, and compensation for those affected by the violence.
• The committee's role extends beyond investigation, encompassing vital aspects of recovery and rebuilding.
• The primary goal behind the committee is to restore public confidence, reinforce faith in the rule of law, and rebuild trust within the affected community.
• The committee has filed three separate reports in the Supreme Court after meeting stakeholders on August 19.

The Reports

• First report – The first of the three reports submitted by the committee highlights the loss of essential documentation of the residents of Manipur who have been dis-housed. 
• The committee suggests the appointment of a nodal officer to take charge of the reconstruction of these documents.
• Second report – The committee’s second report raised concerns on the Manipur Victim Compensation Scheme (MVCS).
• The committee says the MVCS needs to be substantially improved.
• The MVCS should be in the same league as the schemes framed by the National Legal Services Authority (NLSA).
• Third Report – The committee submitted a proposal for appointment of domain experts to facilitate its work.

Manipur Victim Compensation Scheme (MVCS)

• Victim Compensation Scheme (VCS) – Compensation to persons groundlessly arrested is under Section-358.
• The Government introduced the Central Victim Compensation Fund (CVCF) Scheme to enable support to victims of rape, acid attacks, human trafficking, women killed or injured in cross border firing.
• The Manipur scheme – It provides that if a victim of violence has received benefits under any other scheme, then they would not receive any compensation under the state victim compensation scheme. 
• NALSA scheme – The benefit received under other schemes would be taken into consideration while determining the extent of benefits that would be additionally provided to the victims of violence.

Source:

https://www.thehindu.com/news/national/manipur-violence-supreme-court-to-pass-orders-on-august-25-to-facilitate-proper-functioning-of-justice-mittal-panel/article67218800.ece#:~:text=A%20Supreme%20Court%2Dappointed%20committee,taken%20to%20nurse%20the%20Stat

What is the News ?

The Rajya Sabha approved the Mines and Minerals (Development and Regulation Amendment) Bill, 2023 which seeks larger participation of the private sector in mineral exploration and production, including that for sought-after lithium.

Facts About:

Key-highlights of the Bill

The Bill amends the Mines and Minerals (Development and Regulation) Act, 1957.  The Act regulates the mining sector.  

Out of restrictions: The reform initiative in the Bill brings lithium out from the list of restrictive atomic minerals where permission to mine could only be granted by the Centre to government companies.

Welcomed private players: The change would allow auction of this critical mineral, used extensively for making batteries for electric vehicles, by the private sector.

Forestry clearance process: The amendment Bill will also dispense with the cumbersome forestry clearance process for mine reconnaissance and prospecting operations, making it easier for the private sector to participate in exploration of the country’s mineral resources.

Auction power: The Bill empowers the central government to exclusively auction mining lease and composite exploration licence for certain critical high value minerals such as gold, silver, platinum and copper.

Exploration licence: One of the major reforms proposed in the Bill is to introduce exploration licence for deep-seated and critical minerals. The exploration licence granted through auction will allow the licencee from private sectors to undertake “reconnaissance” and prospecting operations for critical and deep-seated minerals.

Composite mineral licence: The reform proposals in the amendment legislation also include allowing states to grant composite mineral licence without having to get central nod.

Fixing mineral-wise maximum area: It will also raise and fix mineral-wise maximum area limits for mineral concessions to provide larger and economically viable mines to investors.

• For prime minerals such as iron ore, the maximum area for prospecting licence and mining lease has been doubled to 50 sq. km and 20 sq. km respectively.
• This would allow private entries to get same land area for mining as was earlier being given to government companies and that also by the state governments itself without any need for central approval.

What are Critical Minerals?

• Critical minerals are elements that are the building blocks of essential modern-day technologies, and are at risk of supply chain disruptions.
• These minerals are now used everywhere from making mobile phones, computers to batteries, electric vehicles and green technologies like solar panels and wind turbines.
• Based on their individual needs and strategic considerations, different countries create their own lists.

Recent government interventions

Mineral Security Partnership (MSP): India joined Mineral Security Partnership (MSP),a US-led collaboration that aims to catalyse public and private investment in critical mineral supply chains globally.

• The MSP includes Australia, Canada, Finland, France, Germany, Japan, the Republic of Korea, Sweden, UK, the European Commission, Italy, and now India.

Identification of critical minerals: Recently, the Centre has identified ‘30 critical minerals’, which are essential for the country’s economic development and national security.

Source: https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1947213

What is the News ?

The Government has recently introduced the Coastal Aquaculture Authority (Amendment) Bill 2023 to promote ease of doing business.

Facts About:

What is Coastal Aquaculture?

• Coastal aquaculture refers to culturing or cultivating, under controlled conditions in ponds, pens and enclosures or in coastal areas of shrimp, prawn, fish or any other aquatic life in saline or brackish water.
• Coastal aquaculture does not include freshwater aquaculture.

What is the Coastal Aquaculture Authority Act 2005?

• Coastal Aquaculture Authority - The Act introduced the Coastal Aquaculture Authority (CAA).
• The main objective of the Authority is to regulate coastal aquaculture activities in coastal areas in order to endure sustainable development without causing damage to the coastal environment. 
• The authority consists of a Chairperson who is a current or former HC judge being an expert in coastal aquaculture.
• The members will be nominated by the

1. Central Department of Ocean Development
2. Ministry of Environment and Forests
3. Ministry of Agriculture 
4. Ministry of Commerce
5. 4 members representing coastal States on a rotation basis and one member secretary.

• Coastal area - It refers to the area declared as the Coastal Regulation Zone (CRZ), and includes such other area as the Central Government may notify under Environment Protection Act 1986.

What are the new provisions of the amendment bill 2023?

• Definition - It broadens the definition of coastal to include rearing and cultivation of any life stages of fish including crustacean, mollusc, finfish, seaweed or any other aquatic life.
• Environment friendly - It encourages environment friendly aquaculture such as cage culture, seaweed culture, bi-valve culture, marine ornamental fish culture and pearl oyster culture.
• It has the potential for creating employment opportunitiesfor coastal fisher communities especially fisherwomen.
• Brood stocks - It encourages the establishment of facilities in areas having direct access to seawater to produce genetically improved and disease-free brood stocks and seeds for use in coastal aquaculture.
• Brood stock or brood fish are a group of mature individuals used in aquaculture for breeding purposes.
• Brood Stock Multiplication Centre - The center will be used to rear marine organisms under strict biosecurity and disease surveillance.
• Usage of antibiotics - The Bill seeks to prevent the use of antibiotics and pharmacologically active substances which are harmful to human health in coastal aquaculture. 
• Biosecurity - It introduces measures for analyzing and preventing the risk of introducing or spreading harmful organisms like viruses and bacteria within the coastal aquaculture unit.

Source: https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1947213

What is the News ?

The Parliament has passed the Mediation Bill 2023 to reduce pendency of court cases.

Facts About:

The Mediation Bill, 2021

• It was introduced in the Rajya Sabha in December, 2021, with the Parliamentary Standing Committee being tasked with a review of the Bill.
• The Bill aims at institutionalising mediation and establishing the Mediation Council of India.                                                       

Key Features of the Bill

Pre-litigation mediation

1. Parties must attempt to settle civil or commercial disputes by mediation before approaching any court or certain tribunals.
2. Even if they fail to reach a settlement through pre-litigation mediation, the court or tribunal may at any stage refer the parties to mediation if they request for the same.

Disputes not fit for mediation

1. The Bill contains a list of disputes which are not fit for mediation.
2. These include disputesrelating to claims against minors or persons of unsound mind, involving criminal prosecution, and affecting the rights of third parties. The central government may amend this list.

Applicability

• The Bill will apply to mediations conducted in India:

involving only domestic parties

involving at least one foreign party and relating to a commercial dispute (i.e., international mediation)

if the mediation agreement states that mediation will be as per this Bill.

• If the central or state government is a party, the Bill will apply to commercial disputes, and other disputes as notified.

Mediation process

• Mediation proceedings will be confidential, and must be completed within 180 days (may be extended by 180 days by the parties).
• A party may withdraw from mediation after two sessions.
• Court annexed mediation must be conducted as per the rules framed by the Supreme Court or High Courts.

Mediators

• Mediators may be appointed bythe parties by agreement, a mediation service provider (an institution administering mediation).
• They must disclose any conflict of interest that may raise doubts on their independence.
• Parties may then choose to replace the mediator.

 Concerns Highlighted by the Parliamentary Standing Committee

Pre-Litigation

• The panel highlighted many key issues including mandatory and coercive nature of pre-litigation mediation.
• Making pre-litigation mediation necessary may result in case delays and provide another instrument in the hands of truant litigants to prolong case disposition.

Clause 26: The panel was against Clause 26of the draft which gives power to the SC or the High court to make laws of pre-litigation according to them.

Non-Applicability to Non-Commercial Disputes: The members questioned the non-applicability of the provisions of the Bill to disputes/matters of non-commercial nature involving the Government and its agencies.

Appointments: The panel had discussions about the qualifications and appointment of the Chairperson and Members of the proposed Mediation Council.

Recommendations Accepted by the Union Cabinet

Reducing the Time for Concluding a Mediation

• The Union cabinet has accepted the recommendations of the standing committee by reducing the time for concluding a mediation from 180 to 90 days.

Making Pre-Litigation Mediation Voluntary

• The recommendation for making pre-litigation mediation voluntary instead of mandatory was also much needed as voluntariness is an essential principle of mediation.

Recognition and Enforcement of Agreements

• Recognition and enforcement of settlement agreements arising out of mediation is a welcome move.
• This is also in line with India’s commitment as a signatory to the United Nations Convention on International Settlement Agreements Resulting from Mediation (Singapore Convention). 

 Provisions of the Final Bill that Require a Relook

Limited Grounds to Challenge a Settlement Agreement

• The limited grounds listed to challenge the enforcement of a settlement agreement and the fact that a period of 90 days is given to raise the challenge need a relook.
• The fact that a settlement agreement is essentially a contract between the parties; there are several instances where grounds for challenge such as fraud and impersonation are detected at a later stage.

Technical Flaws in Clause 8

• Clause 8 of the Bill entitles a party to move the Court before the commencement or during mediation for interim relief but only in “exceptional circumstances”.
• The term “exceptional circumstances”is not only undefined in the Bill but is also abnormal to the settled principles of seeking interim relief before the civil courts.
• Moreover, there is no remedy of appeal available against an order passed under this proposed section.

The Concept of Online and Community Mediation

• A recent Niti Aayog report reveals that only 55 per cent of India have access to the internet and only 27 per cent possess compatible devices. 
• For online mediation to be a success, the government will have to scale the bandwidth accessibility to remote parts of the country. 
• As for community mediation, the Bill makes it mandatory to have a panel of three mediators.This requirement is unnecessary and impinges on the flexibility that mediation brings.

Restricting the Government’s Participation in Mediation to only Commercial Disputes

• The real issue is that the government is the biggest litigant in the country.
• Restricting the ability of the government to participate in mediation proceedings arising only out of commercial disputes goes against the objective of enacting the legislation.

 Way Forward

Legal Aid Setup: Setting up legal aid or access to justice clinics with adequate IT infrastructure could address the issue of online mediation.

Inclusion of Government Related Disputes in the Bill

• The standing committee had also recommended that government-related disputes be included in the Bill.
• The common litigant sees the government as an adversary before the court of law. The Bill provided a golden opportunity to the government to change that perception.
• This will inspire confidence amongst all stakeholders but would also help in reducing pendency backlog.

Conclusion

Mediation should be promoted as a preferred and voluntary mode of securing justice. 

Although the legislature may have intended to lighten the load on the judiciary, the law needs to be improved because it may cause a delay in the administration of justice and raise the cost of litigation.

Source: https://www.livelaw.in/news-updates/parliament-passes-mediation-bill-234671