World Elephant Day 2023

Union Minister of Environment, Forest and Climate Change and Labour and Employment highlighted various initiatives and accomplishments in India’s elephant conservation journey.

What is World Elephant Day?

About:

World Elephant Day, observed globally on August 12, is a dedicated observance aimed at raising awareness about the critical challenges confronting elephants and advocating for their protection and conservation.

This significant day provides a platform to emphasize the issues elephants face, encompassing habitat loss, ivory poaching, human-elephant conflicts, and the imperative for enhanced conservation endeavours.

Historical Perspective:

The campaign World Elephant Day was initiated in 2012 to bring awareness to the disturbing situations of African and Asian elephants.

The objective of this campaign is to create a sustainable environment where animals are not exploited and taken care of.

It was first observed by Canadian filmmakers Michael Clark and Patricia Sims with the Thailand-based Elephant Reintroduction Foundation.

In 2012, Patricia Sims founded an organization called the World Elephant Society.

The organization has succeeded to create awareness about the dangers confronted by elephants and the inevitability to protect them globally.

What are the Key Highlights of Elephants?

About:

Elephant is the Natural Heritage Animal of India.

Elephants are considered a “Keystone Species” as they play a critical role in maintaining the balance and health of forest ecosystems.

They are known for their exceptional intelligence, boasting the largest brain size of any land animal.

Significance in Ecosystem:

Elephants are very important grazers and browsers, eating vast amounts of vegetation every day, spreading seeds around as they go.

They also help shape the often-thick vegetation of the Asian landscape.

For example, in forests, elephants create clearings and gaps in the trees that let sunlight in to reach new seedlings, helping plants grow and the forest to regenerate naturally.

Elephants will also dig for water when there is not any surface water – opening water access for other creatures as well as themselves.

Elephants in India:

India has the largest number of wild Asian Elephants, estimated at 29,964 according to the 2017 census by Project Elephant.

It is about 60% of the species’ global population.

Karnataka has the highest number of elephants, followed by Assam and Kerala.

Conservation Status:

International Union for Conservation of Nature (IUCN) Red List of threatened species:

African Forest Elephant (LoxodontaCyclotis)- Critically Endangered

African Savanna Elephant (Loxodonta Africana)- Endangered

Asian Elephant (Elephasmaximus)- Endangered

Convention of the Migratory species (CMS):

African Forest Elephant: Appendix II

Asian Elephant: Appendix I

Wildlife (Protection) Act, 1972: Schedule I

Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES):

African Savanna Elephant: Appendix II

Asian Elephant: Appendix I

What are the Initiatives and Accomplishments in India’s Elephant Conservation Journey?

Addressing Elephant-Human Conflict:

Establishment of over 40 elephant corridors and 88 wildlife crossings to reduce conflicts.

Creation of buffer zones around protected areas covering more than 17,000 sq. km.

Project Elephant:

Launched in 1992, covering 23 states across India.

Improved the status of wild elephants, with a population increase from about 25,000 in 1992 to around 30,000 in 2021.

Elephant Reserves:

Establishment of 33 Elephant Reserves covering approximately 80,777 Sq.km.

Surge in Bail Appeals in Indian High Courts

The number of Bail Appeals filed in India’s High Courts surged post 2020, according to the ‘High Court dashboard’ by DAKSH, a think-tank focussed on law and justice system reforms.

DAKSH analyzed 9,27,896 bail cases filed between 2010 and 2021 across 15 High Courts. These courts followed distinct naming patterns for bail cases. The data revealed 81 case types associated with bail across the analyzed High Courts.

What are the Statistics Related to Bail Appeals?

Bail Appeals are on Rise:

Bail appeals have risen from approximately 3.2 lakh to 3.5 lakh annually before 2020, to 4 lakh to 4.3 lakh thereafter from July 2021 to June 2022.

Consequently, the number of pending bail appeals in High Courts has surged from around 50,000 to 65,000 to between 1.25 lakh to 1.3 lakh.

High Courts and Caseload Distribution:

The distribution of caseloads varied across different High Courts. In some states, such as Patna, Jharkhand, Odisha, Madhya Pradesh, and Chhattisgarh, bail appeals formed more than 30% of the total caseload between July 2021 and June 2022.

Disposal Time and Outcome Uncertainty:

The median time taken for disposal of regular bail applications varied among High Courts. Some High Courts had significantly higher disposal times, raising concerns about delays in the resolution process.

Delays in deciding on bail cases are seen as equivalent to denying bail, as the accused remains incarcerated during this period.

Incomplete Outcome Data:

The data also highlighted the lack of clarity regarding the outcomes of bail appeals in High Courts. In nearly 80% of disposed bail cases in all High Courts, the outcome of the appeal, whether it was granted or rejected, was unclear or missing.

What are the Reasons for Surge in Bail Appeals?

Covid Violations and Disruption in Court Functioning:

There has been an increased number of cases related to violations of Covid-19 lockdown norms during the pandemic.

Additionally, the disruption of court functioning during this period could have contributed to the accumulation of pending bail cases.

However, the exact cause cannot be definitively determined from court data.

Epidemic Diseases Act as a Factor:

The Epidemic Diseases Act, 1897 may have played a role in the increase in bail appeals. While 77% of regular bail cases did not mention the specific Act under which the appellant was imprisoned, analysis of the remaining 23% showed the Epidemic Diseases Act ranked fourth.

This hints at a potential surge in cases under this Act contributing to the increase in bail appeals.

What is Bail and What are its Types?

Definition:

Bail is the conditional/provisional release of a person held under legal custody (in matters which are yet to be pronounced by the Court), by undertaking a promise to appear in the Court as and when required.

It signifies a security/collateral deposited before the Court for release.

In Supt. and Remembrancer of Legal Affairs v. Amiya Kumar Roy Choudhry (1973) case, the Calcutta High Court explained the principle behind giving Bail.

Types of Bail in India:

Regular Bail: It is a direction given by the Court (any Court within the country) to release a person who is already under arrest and kept in police custody. For such Bail, a person can file an application under Section 437 and 439 of the Code Of Criminal Procedure (CrPC), 1973.

Interim Bail: Bail granted for a temporary and short period by the Court till the application seeking Anticipatory Bail or Regular Bail is pending before a Court.

Anticipatory Bail or Pre-arrest Bail: It is a legal provision that allows an accused person to apply for bail before being arrested. In India, pre-arrest bail is granted under section 438 of the CrPc, 1973. It is issued only by the Sessions Court and High Court.

The provision of pre-arrest bail is discretionary, and the court may grant bail after considering the nature and gravity of the offence, the antecedents of the accused, and other relevant factors.

The court may also impose certain conditions while granting bail, such as surrendering the passport, refraining from leaving the country, or reporting to the police station regularly.

Statutory Bail: The remedy of statutory bail, also known as default bail, is distinct from bail obtained in the ordinary procedure under CrPC Sections 437, 438, and 439. As the name implies, statutory bail is given when the police or investigating agency fails to file its report/complaint within a certain time frame.

Floating Rate Loans

Recently, the Reserve Bank of India (RBI) will introduce a comprehensive framework to enhance transparency and establish proper rules for resetting Equated Monthly Installments (EMIs) for floating rate loans.

This move aims to address borrower concerns and ensure fair practices by financial institutions.

What are Floating Rate Loans?

Floating rate loans are loans that have an interest rate that changes periodically, depending on a benchmark rate or the base rate.

This base rate, such as the repo rate – rate at which RBI lends money to financial institutions – is influenced by market forces.

Floating-rate loans are also known as variable or adjustable-rate loans, as they can vary over the term of the loan.

Floating rate loans are common for credit cards, mortgages, and other consumer loans.

Floating rate loans are beneficial to borrowers when interest rates are expected to drop in the future.

In contrast, a fixed interest rate loan requires a borrower to pay set installments during the loan tenure. It offers a greater sense of security and stability in times of fluctuations in the economy.

What is the Need for the New Transparent Framework?

Until recently, the RBI had been raising the repo rates in order to contain inflation. With a rise in repo rates, the floating rates too increase. This translates into higher EMIs for borrowers.

But it has been found that instead of asking for higher EMIs, some banks are simply increasing the tenure of the loan without informing the borrower.

This is making loan repayments unreasonably long and without proper consent from borrowers.

Prevent borrowers from being harmed by changes in the internal benchmark rate and the spread during the term of the loan.

Address issues faced by borrowers such as lack of information about foreclosure charges, switching options, and key terms and conditions.

What are the Features of the Framework Proposed by RBI?

Lenders should communicate clearly with borrowers on resetting the tenor and/or EMI.

RBI has asked lenders to offer borrowers an option to switch to fixed-rate home loans or foreclosure of loans whenever they want.

Banks would also need to disclose various charges incidental to the exercise of these options beforehand to borrowers and properly communicate key information to borrowers.

This would result in borrowers taking a more informed and calculated decision while repaying their home loans.

Lenders should not engage in unethical or coercive loan recovery practices, such as harassment, intimidation, or violation of privacy.

How will the Framework Benefit Borrowers and Lenders?

Borrowers will have more clarity, transparency, and choice regarding their floating rate loans, and will be able to exit or switch them without any penalty or hassle.

Borrowers will be protected from unfair or arbitrary changes in interest rates or EMIs by lenders and will be able to plan their finances better.

Borrowers will be treated with dignity and respect by lenders, and will not face any harassment or abuse during loan recovery.

Lenders will be able to maintain good customer relations and trust and avoid reputational risk or legal action due to improper lending conduct.

Lenders will be able to improve their asset quality and risk management and ensure compliance with regulatory norms and expectations.