From UPSC perspective, the following things are important :
Prelims level: SMILE Scheme
Mains level: Read the attached story
The Social Justice and Empowerment Ministry has launched the ‘SMILE-75’ initiative for comprehensive rehabilitation of persons engaged in begging in 75 identified municipalities as a part of the celebrations of 75 years of Independence.
SMILE Scheme
SMILE is an acronym for Support for Marginalised Individuals for Livelihood and Enterprise.
This scheme is a sub-scheme under the ‘Central Sector Scheme for Comprehensive Rehabilitation of persons engaged in the act of Begging’.
It also focuses on rehabilitation, provision of medical facilities and intervention, counselling, education, skill development, economic linkages to transgender persons.
It covers several comprehensive measures including welfare measures for persons who are engaged in the act of begging.
The focus of the scheme is extensively on rehabilitation, provision of medical facilities, counselling, basic documentation, education, skill development, economic linkages and so on.
Its implementation
The scheme would be implemented with the support of State/UT Governments/Local Urban Bodies, Voluntary Organizations, Community Based Organizations (CBOs), institutions and others.
The scheme provides for the use of the existing shelter homes available with the State/UT Governments and Urban local bodies for rehabilitation of the persons engaged in the act of Begging.
In case of the non-availability of existing shelter homes, new dedicated shelter homes are to be set up by the implementing agencies.
From UPSC perspective, the following things are important :
Prelims level: Ongole Cattle
Mains level: Indigenous cattle breedss
Ongole breed of cattle had remained indispensable for all farm operations for centuries in Prakasam district of Andhra Pradesh in view of their draught power.
Ongole Cattle
Ongole cattle are an indigenous cattle breed that originates from Prakasam District in the state of Andhra Pradesh.
The breed derives its name from the place the breed originates from, Ongole.
The Ongole breed of cattle Bos Indicus, has a great demand as it is said to possess resistance to both foot and mouth disease and mad cow disease.
What’s so special about this breed?
Cattle breeders use the fighting ability of the bulls to choose the right stock for breeding in terms of purity and strength.
Ongole cattle are known for their toughness, rapid growth rate, and natural tolerance to tropical heat and disease resistance.
It was perhaps the first Indian breed of cattle to gain worldwide recognition.
Ongole milk is rich in A2 (allele of Beta Casein).
They fetches a premium price of over ₹150 per litre as it enables consumers build immunity against viral and other diseases.
Global Prominence
Ongole bulls have gone as far as America, the Netherlands, Malaysia, Brazil, Argentina, Colombia, Mexico, Paraguay, Indonesia, West Indies, Australia, Fiji, Mauritius, Indo-China and Philippines.
The Brahmana bull in America is an off-breed of the Ongole.
The population of Ongole off-breed in Brazil is said to number several million.
The famous Santa Gertrudis breed developed in Texas, USA have Ongole blood.
It has gained global prominence, particularly in Brazil which imported barely hundred animals and produced multiple superior breeds like the world famous Zebu.
From UPSC perspective, the following things are important :
Prelims level: UCC
Mains level: Read the attached story
Context
The Portuguese Civil Code of 1867, the so-called “common civil code” of Goa, is in the news again. A 28-member parliamentary standing committee headed by senior BJP leader and Rajya Sabha member, Sushil Kumar Modi, recently visited the state to study it in the context of the demand for a uniform civil code.
India Needs Uniform Civil Code; One Nation, One Law Will Restore Equality and Gender Parity
Definition
The Uniform Civil Code (UCC) calls for the formulation of one law for India, which would be applicable to all religious communities in matters such as marriage, divorce, inheritance, adoption. The code comes under Article 44 of the Constitution, which lays down that the state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India.
Importance of article 44
The objective of Article 44 of the Directive Principles in the Indian Constitution was to address the discrimination against vulnerable groups and harmonise diverse cultural groups across the country.
Brief history of UCC
The origin of the UCC dates back to colonial India when the British government submitted its report in 1835 stressing the need for uniformity in the codification of Indian law relating to crimes, evidence, and contracts, specifically recommending that personal laws of Hindus and Muslims be kept outside such codification.
Objectives of UCC:
Bringing simplicity in personal laws: When enacted the code will work to simplify laws that are segregated at present on the basis of religious beliefs like the Hindu code bill, Shariat law, and others.
Uniformity across country: The code will simplify the complex laws around marriage ceremonies, inheritance, succession, adoptions making them one for all. The same civil law will then be applicable to all citizens irrespective of their faith.
National integration: The UCC aims to provide protection to vulnerable sections as envisaged by Babasaheb Ambedkar including women and religious minorities, while also promoting nationalistic fervour through unity.
Why it is needed now
To counter the gender disparity produced by specific personal laws: India has a history of severely patriarchal and misogynistic traditions perpetuated by society and ancient religious norms that continue to dominate family life.
Plugging the loopholes in legal system: By legalising personal laws, we’ve established a parallel court system based on thousands of ancient values. By eliminating all loopholes, the universal civil code would tip the balance in favour of society.
Reaffirming equality to everyone: While Muslims are permitted to marry many times in India, a Hindu or a Christian will face prosecution for doing the same. Similarly, there are significant disparities between many religious-related regulations.
Addressing problem of vote bank politics: If all religions are subject to the same laws, there will be no room for politicising issues of discrimination, concessions, or special privileges enjoyed by a particular community on the basis of their religious personal laws.
Infusing secularism: At the moment, we practise selective secularism, which means that we are secular in some areas but not in others. A Uniform Civil Code requires all citizens of India to adhere to the same set of laws, regardless of whether they follow Hinduism, Islam, Christianity or Sikhism.
SC verdict on UCC: Daniel Latifi Case
This case demonstrates how universally applicable law should prevail over unjust religious laws. In this case, Muslim Women’s Act (MWA) was challenged for violation of Articles 14, 15 & 21 of the Constitution. The primary point of contention was the amount paid throughout the iddat period. The Supreme Court upheld the act’s constitutionality but interpreted it in accordance with Section 125 of the CrPC, holding that the amount received by a wife during the iddat period should be sufficient to support her during the iddat period as well as for the remainder of her life or until she remarries.
Challenges ahead in its application
Less education to understand this: India is a country of a diverse culture where the beliefs of the people are too vehement but with the right communication and education to all the religious groups, the implementation can take place efficiently and effectively.
Apprehension of some people: Fear of the certain section of society who are subjected to the special rights, shall be addressed since such rights will have no impact or interference by enactment of the Uniform Civil Code, which shall be ensured to the society as this is one of their Fundamental Rights as under Article 15 of the Indian Constitution.
Case study of Goa:
It is pertinent to note that the State of Goa is the first State to implement a uniform civil code since its liberation from the Portuguese in 1961. The Supreme Court has even hailed Goa as a shining example where the uniform civil code is applicable to all, regardless of religion except while protecting certain limited rights.
Conclusion
With so much diversity, India needs something like a UCC which can work as an agent to promote uniformity and to some extent mute the sound pollution created by the religious radical forces.
On individual level, it is important to understand UCC is with the objective of One Nation, One Lawsided by oneness among the people rather than a mere tool to overcome oppression and discrimination against women or a target on a particular religion.
Try this question:
What is uniform civil code? Do you think that right time has arrived to implement it? Discuss challenges in its implementation with your suggestions to overcome the same.
From UPSC perspective, the following things are important :
Prelims level: Malimath Committee
Mains level: Police reforms due in India
Context
There is a widely shared view that the All India Services, which provided the ‘steel frame’ of governance in a democratic India, particularly on the police front, are failing to deliver.
This is because of the declining decision-making ability of its officers, their smugness arising from notions of total employment security, and the inadequacy of parameters used for evaluating their performance.
Anti-corruption bureau Was Constituted To Shield Corrupt Politicians, Officers From Lokayukta: Karnataka High Court
Role of Police
Law enforcement: The basic role of the police is to function as a law enforcement agency and render impartial service to law, without any heed to wishes, indications or desires expressed by the government which either come in conflict with or do not conform to the provisions contained in the constitution or laws.
Service delivery: The police should have duly recognised service-oriented role in providing relief to people in distress situations. They should be trained and equipped to perform the service oriented functions.
Issues with police institution
Public relationship: The police-public relations relationship, which is crucial to effective policing, is troubled by a severe lack of confidence.
Public perception towards police: Most people believe police to be abusive and also believe that police personnel misuse their power in order to bring order to society.
Police Accountability: Police priorities are constantly changed at the request of political leaders. This obstructs police officers’ ability to make professional decisions
Overburdened force and vacancies: A high percentage of vacancies in police departments exacerbates an already-existing problem of overworked officers. Given India’s low police strength per lakh population in comparison to international standards, each police officer is also responsible for a huge group of people.
Infrastructure: The weapons used by lower police forces are obsolete and cannot match modern weaponry used by anti-social elements.
Custodial Death: There are many cases on custodial death means Death by torture/pressure in police/judicial custody.
The dilemmas and challenges:
(1) The Ubiquitous infrastructure (2) Explosion of police tasks (3) Dis-functionalism of rural police (4) Anomalous personnel system (5) The colossal ignorance of either side (6) The fragility of the equipment (7) The paradox of para militarism (8) Non-development to policing
Steps taken till now
Establishment of a Central Police Committee:
A Central Police Committee to look after the functions of consultancy and monitoring be
Created because an expert agency is required by the Central Government and the State
Security Commissions to advise them on matters relating to:
(i) Police Organisation and police reforms of a general nature;
(ii) Central grants and loans to the State Police Forces for their modernisation and Development; and
(iii) Budgetary allotments to State Police Forces.
Enactment of a Model Police Act:
The Police Act of 1861 replaced by a new Police Act, which not only changes the
System of superintendence and control over the police but also enlarges the role of the
Police to make it function as an agency which promotes the rule of law in the country and
Renders impartial service to the community.
The Prime Minister’s call for making the police a SMART force: standing for a force which is:
Strict and Sensitive,
Modern and Mobile,
Alert and Accountable,
Reliable and Responsive,
Tech-savvy and trained.
Malimath committee:
Government had set up (November, 2000) a Committee under the Chairmanship
of Justice V.S. Malimath , a former Chief Justice of the Karnataka and Kerala High
Courts to consider and recommend measures for revamping the Criminal Justice System.
Key recommendations :
Strengthening of training infrastructure, forensic
Science laboratory and Finger Print Bureau,
Enactment of the new Police Act,
Setting up of Central Law Enforcement agency to take care of federal crimes
Separation of the investigation wing from the law and order wing in the police stations,
Improvement in the investigation by creating more posts.
Some suggestions for better policing:
Screen for Implicit Bias and Aggression: State legislatures should pass legislation that requires current and prospective police officers to undergo mandatory implicit bias testing
Focus on Collaborative Approaches to Policing: Police departments should rely upon collaborative approaches that respect the dignity of individuals within the community; focus on problem-solving; and are generally more community centered and build community trust.
Encourage Consistent Monitoring and Screening: Police departments should create early warning systems for detecting patterns of behaviour, such as complaints filed against officers or personal hardships like divorce, which indicate potential vulnerabilities for the officer and the department.
Use Video Recording to Promote Accountability: Legislatures should require that police interrogations be electronically recorded “during the time in which a reasonable person in the subject’s position would consider themselves to be in custody and a law enforcement officer’s questioning is likely to elicit incriminating responses.
Increase the use of special prosecutors in police misconduct investigations
Enhancing the collection of data on fatalities involving police
Conclusion
India is the target of an ever-growing list of terrorist groups, insurgent forces and criminal networks.
Even petty criminals are now in possession of hi-tech gadgets that allow them better access and reduce their chances of being caught.
In such an environment, the need for skill and competency up-gradation of the police force is a sine qua non.
Q. What is smart policing? Considering the rise in custodial deaths give some suggestions to improve criminal justice delivery system in India.
While the Criminal Procedure (Identification) Act, 2022 was enacted earlier this year, the Ministry of Home Affairs notified it to come into effect from August 4, 2022. It also repeals the existing Identification of Prisoners Act, 1920.
What is the Criminal Procedure (Identification) Act, 2022?
This act provides legal sanction to law enforcement agencies for “taking measurements of convicts and other persons for the purposes of identification and investigation of criminal matters”.
The Minister of Home Affairs has observed that with advancements in forensics, there was a need to recognise more kinds of “measurements” that can be used by law enforcement agencies for investigation.
What is the use of identification details in criminal trials?
Measurements and photographs for identification have three main purposes:
To establish the identity of the culprit against the person being arrested
To identify suspected repetition of similar offences by the same person and third
To establish a previous conviction
What was the previous Identification of Prisoners Act, 1920?
Even though the police has powers of arrest, mere arrest does not give Police the right to search a person.
The police requires legal sanction to search the person and collect evidence.
These legal sanctions are designed so as to maintain a balance between the rights of an individual and the interests of society in prosecution and prevention of offences.
The Identification of Prisoners Act, 1920 became a necessity when the recording of newer forms of evidence such as fingerprints, footprints and measurements started becoming more accurate and reliable.
What was the need to replace this Act?
Over the years, the need to amend/update the Identification of Prisoners Act, 1920 has been voiced several times.
In 1980, the 87th Report of the Law Commission of India undertook a review of this legislation and recommended several amendments.
This was done in the backdrop of the State of UP vs Ram Babu Misra case, where the Supreme Court had highlighted the need for amending this law.
The first set of recommendations laid out the need to amend the Act to expand the scope of measurements to include “palm impressions”, “specimen of signature or writing” and “specimen of voice”.
The second set of recommendations raised the need of allowing measurements to be taken for proceedings other than those under the Code of Criminal Procedure (CrPC).
What are the main highlights and differences in both the legislations?
Like the Identification of Prisoners Act, 1920, the new Criminal Procedure (Identification) Act, 2022 provides for legal sanction to law enforcement agencies for the collection of measurements.
The purpose is to create a useable database of these measurements.
At the State level, each State is required to notify an appropriate agency to collect and preserve this database of measurements.
At the national level, the National Crime Records Bureau (NCRB) is the designated agency to manage, process, share and disseminate the records collected at the State level.
What are some of the concerns with the present legislation?
The new legislation has raised some concerns related to the protection of fundamental rights.
The legislation comes in the backdrop of the right to privacy being recognised as a fundamental right.
A fundamental facet of the right to privacy is protection from the invasion of one’s physical privacy.
As per the Puttaswamy judgment, there is a need for the measure to be taken in pursuance of a legitimate aim of the state, be backed by the law and be “necessary and proportionate” to the aim being sought to be achieved.
(1) Various tests behind
In this case, while the first two tests are satisfied, as:
“prevention and investigation of crime” is a legitimate aim of the state
“measurements” are being taken under a valid legislation,
Satisfaction of the third test of “necessity and proportionality” has been challenged on multiple counts.
(2) A probable police state in making
Analysis and measurement of behavioural attributes have raised concerns that data processing may go beyond recording of core “measurements”.
That is some of these measurements could be processed for predictive policing.
(3) Includes petty offences
The current law allows for “measurements” to be taken if a person has been convicted/arrested for any offence, including petty offences.
The necessity of taking measurements of such persons for investigation of offences is unclear, and such discretion is likely to result in abuse of the law at lower levels.
This would definitely overburden the systems used for collection and storage of these measurements.
(4) Period of storage of data
Given that these records will be stored for 75 years from the time of collection, the law has been criticised as being disproportionate.
(5) Surveillance state
Such collection can also result in mass surveillance, with the database under this law being combined with other databases such as those of the Crime and Criminal Tracking Network and Systems (CCTNS).
(6) Promotes self-incrimination
Concerns are being raised that the present law violates the right against self-incrimination enshrined in Article 20(3) of the Constitution of India.
However, this argument is nebulous since the Supreme Court has already settled this point.
In the State of Bombay vs Kathi Kalu Oghad, the Supreme Court had conclusively held that “non-communicative” evidence i.e. evidence which does not convey information within the personal knowledge of the accused cannot be understood to be leading to self-incrimination.
Therefore, no challenge lies to the law on this ground.
Way forward
Extensive pre-legislative consultation is must for any sensitive law as such.
Privacy and data protection-related concerns must be addressed in the Rules formulated under the legislation and through model Prison Manuals that States can refer to.
From UPSC perspective, the following things are important :
Prelims level: UNMOGIP
Mains level: Internationalization of Kashmir Issue
The United Nations (UN) has appointed Rear Admiral Guillermo Pablo Rios of Argentina as the Head of Mission and Chief Military Observer for the United Nations Military Observer Group in India and Pakistan (UNMOGIP).
What is UNMOGIP?
The first group of UN military observers arrived in the mission area on 24 January of 1949 to supervise the ceasefire between India and Pakistan in the Indian state of Jammu and Kashmir.
These observers, under the command of the Military Adviser appointed by the UN Secretary-General, formed the nucleus of the United Nations Military Observer Group in India and Pakistan (UNMOGIP).
Functions of UNMOGIP
Following renewed hostilities of 1971, UNMOGIP has remained in the area to observe developments pertaining to the strict observance of the ceasefire of 17 December 1971 and report thereon to the UN Secretary-General.
The Karachi Agreement of July 1949 firmed up the role of UN-level military observers and permitted supervision of the Ceasefire Line established in Jammu and Kashmir.
Indian contentions with UNMOGIP
India has not officially gone to the UNMOGIP since 1972 with complaints against Pakistan.
India officially maintains that the UNMOGIP’s role was “overtaken” by the Simla Agreement of 1972 that established the Line of Control or the LoC.
This with minor deviations followed the earlier Ceasefire Line.
Pakistan, however, did not accept the Indian argument and continued to seek cooperation from the UNMOGIP.
As a result of these divergent policies, Pakistan continues to lodge complaints with the UNMOGIP against alleged Indian ceasefire violations.
Substantiation of India’s stance
Since the Simla Agreement of 1972, India has adopted a non-recognition policy towards third parties in their bilateral exchanges with Pakistan over the question regarding the state of Jammu and Kashmir.
Kashmir and the Pakistan-sponsored terrorism within now is largely an internal matter of India.
The Reserve Bank of India (RBI) announced it had cancelled the banking licence of a Pune-based Rupee Cooperative Bank, and directed the Registrar of Cooperative Societies to liquidate the bank.
What is a Banking Licence?
Financial institutions wishing to carry out banking operations such as accepting deposits or lending have to obtain a licence from India’s central bank.
The RBI issues the licence under the Banking Regulation Act of 1949 after carrying out a series of checks about the financial suitability of the applicant institution.
Parameters like capital adequacy ratio (CAR) — the ratio of a bank’s available capital to its risk weighted credit exposure — and loan to deposit ratio (LDR) — the ratio of a bank’s total loans to total deposits in the same period — are checked before the licence is granted.
The 1949 Act in particular stresses on adequate capital and protection of the public interest before the licence is granted.
No company other than one that has been issued a banking licence is allowed to use the word bank in its name while doing business.
Cancelling the licence of a Bank
RBI, which issues the licence, has the power to cancel it as well, in case the bank fails to satisfy laid-down conditions.
This could mean an increase in bad debts — and if the RBI feels a bank does not have enough capital to cover its exposure and pay its depositors, its licence can be suspended or cancelled.
Why did RBI cancel the licence of Rupee Cooperative Bank?
The RBI audits banks every year, and can take action if it notes an increase in bad debts or other suspicious activities in their books.
In its press release, the RBI gave the reasons for the cancellation of the bank’s licence:
The bank does not have adequate capital and earning prospects.
The bank has failed to comply with the requirements of certain sections of the Banking Regulation Act, 1949;
The continuance of the bank is prejudicial to the interests of its positions;
The bank with its present financial position would be unable to pay its present depositors in full; and
Public interest would be adversely affected if the bank is allowed to carry on its banking business any further.
Section 22 of the Act deals with “licensing of banking companies”, section 11 is about “requirement as to minimum paid-up capital and reserves”, and section 56 is about the applicability of the Act to cooperative societies, subject to modifications.
Was cancellation of the licence the only option left for RBI?
RBI had issued notice to that Cooperative Bank in 2013, and issued directions under the Banking Regulation Act before cancelling its licence.
All banking activities like withdrawal were suspended, the then board of directors was superseded.
The banker took a number of steps to revive the bank, including filing of criminal cases against defaulting directors, employees, and seizing of their properties.
The RBI extended the licence of the bank every three months as these steps were being taken.
The administrator also tried to merge the bank with a financially stable bank. But the bad debts scared away most suitors.
What will happen to the depositors’ money in Rupee Cooperative Bank?
The limiting of withdrawals by RBI had made things difficult for depositors, especially because cooperative banks are preferred by those from the lower income group.
The big question before the over 5.5 lakh depositors now is about the fate of their money.
The RBI has said that depositors with Rs 5 lakh or less in the bank, would get back all of their money through the Deposit Insurance and Credit Guarantee Corporation (DICGC).
Those who have larger deposits in the bank will not get back their money beyond Rs 5 lakh.
In this group are about 4,600 depositors with a total Rs 340 crore in deposits in the bank.
These people stand to suffer major losses.
Back2Basics: Deposit Insurance Programme
The bank savings are insured under the Deposit Insurance and Credit Guarantee Corporation (DICGC) Act providing full coverage to around 98 per cent of bank accounts.
Earlier, account holders had to wait for years till the liquidation or restructuring of a distressed lender to get their deposits that are insured against default.
Last year, the government raised the insurance amount to Rs 5 lakh from Rs 1 lakh.
Prior to that, the DICGC had revised the deposit insurance cover to Rs 1 lakh on May 1, 1993 — raising it from Rs 30,000, which had been the cover from 1980 onward.
What are new changes?
Earlier, out of the amount deposited in the bank, only Rs 50,000 was guaranteed, which was then raised to Rs 1 lakh.
Understanding the concern of the poor, understanding the concern of the middle class, we increased this amount to Rs 5 lakh.
If a bank is weak or is even about to go bankrupt, depositors will get their money of up to Rs five lakhs within 90 days.
From UPSC perspective, the following things are important :
Prelims level: Langya virus
Mains level: Zoonotic Diseases
A new virus, Langya henipavirus, is suspected to have caused infections in 35 people in China’s Shandong and Henan provinces over roughly a two-year period to 2021.
Langya Virus
It’s related to Hendra and Nipah viruses, which cause disease in humans.
However, there’s much we don’t know about the new virus – known as LayV for short – including whether it spreads from human to human.
How sick are people getting?
Symptoms reported appeared to be mostly mild – fever, fatigue, cough, loss of appetite, muscle aches, nausea and headache – although we don’t know how long the patients were unwell.
A smaller proportion had potentially more serious complications, including pneumonia, and abnormalities in liver and kidney function.
However, the severity of these abnormalities, the need for hospitalization, and whether any cases were fatal were not reported.
Where did this virus come from?
The authors also investigated whether domestic or wild animals may have been the source of the virus.
Although they found a small number of goats and dogs that may have been infected with the virus in the past, there was more direct evidence a significant proportion of wild shrews were harbouring the virus.
This suggests humans may have caught the virus from wild shrews.
Does this virus actually cause this disease?
The researchers used a modern technique known as metagenomic analysis to find this new virus.
Researchers sequence all genetic material then discard the “known” sequences (for example, human DNA) to look for “unknown” sequences that might represent a new virus.
This raises the question about how scientists can tell whether a particular virus causes the disease.
Researchers used “Koch’s Postulates” to determine whether a particular micro-organism causes disease:
it must be found in people with the disease and not in well people
it must be able to be isolated from people with the disease
the isolate from people with the disease must cause the disease if given to a healthy person (or animal)
it must be able to be re-isolated from the healthy person after they become ill.
What can we learn from related viruses?
This new virus appears to be a close cousin of two other viruses that are significant in humans: Nipah virus and Hendra virus.
This family of viruses was the inspiration for the fictional MEV-1 virus in the film Contagion.
Hendra virus was first reported in Queensland in 1994, when it caused the deaths of 14 horses and the trainer Vic Rail.
Nipah virus is more significant globally, with outbreaks frequently reported in Bangladesh.
What lies ahead?
Little is known about this new virus, and the currently reported cases are likely to be the tip of the iceberg.
At this stage, there is no indication the virus can spread from human to human.
Further work is required to determine how severe the infection can be, how it spreads, and how widespread it might be in China and the region.
From UPSC perspective, the following things are important :
Prelims level: ART therapy
Mains level: Not Much
People living with HIV are facing an acute shortage of life-saving drugs, say protesters who have been camping outside the National AIDS Control Organisation (NACO) office.
What is NACO?
The NACO established in 1992 is a division of India’s Ministry of Health and Family Welfare.
It provides leadership to HIV/AIDS control programme in India through 35 HIV/AIDS Prevention and Control Societies.
It is the nodal organisation for formulation of policy and implementation of programs for prevention and control of HIV/AIDS in India.
Functions of NACO
Along with drug control authorities and NACO provides joint surveillance of Blood Bank licensing, Blood Donation activities and Transfusion Transmitted infection testing and reporting.
NACO also undertakes HIV estimations biennially (every 2 years) in collaboration with the Indian Council of Medical Research (ICMR) – National Institute of Medical Statistics (NIMS).
The first round of HIV estimation in India was done in 1998, while the last round was done in 2017.
Why in news?
Activists allege rationing of medicines, arbitrary change in the drug regimen and even complete deprivation of life-saving paediatric drugs.
They fear that treatment will be interrupted, leading to drug resistance and deaths from AIDS.
NACO stand
The protesters noted that the NACO, in its public communication, had claimed that 95% of the recipients had not faced any shortage.
Going by the figure, 5% of 14.5 lakh, or 72,500 people, are being affected by the current shortage and stock-out.
The impact is severe and far-reaching.
What drugs are protestors talking about?
Protestors are for a stock-out of ART (antiretroviral) drugs such as Dolutegravir 50 mg, Lopinavir/Ritonavir (adult and child doses), and Abacavir in several states.
What is ART?
The medicines that treat HIV are called antiretroviral drugs.
There are more than two dozen of them, and they fall into seven main types.
Each drug fights the virus in your body in a slightly different way.
Research shows that a combination, or “cocktail,” of drugs is the best way to control HIV and lower the chances that the virus will become resistant to treatment.
Back2Basics: HIV/AIDS
HIV (human immunodeficiency virus) is a virus that attacks cells that help the body fight infection, making a person more vulnerable to other infections and diseases.
First identified in 1981, HIV is the cause of one of humanity’s deadliest and most persistent epidemics.
It is spread by contact with certain bodily fluids of a person with HIV, most commonly during unprotected sex, or through sharing injection drug equipment.
If left untreated, HIV can lead to the disease AIDS (acquired immunodeficiency syndrome).
The human body can’t get rid of HIV and no effective HIV cure exists.
Treating HIV
However, by taking HIV medicine (called antiretroviral therapy or ART), people with HIV can live long and healthy lives and prevent transmitting HIV to their sexual partners.
In addition, there are effective methods to prevent getting HIV through sex or drug use, including pre-exposure prophylaxis (PrEP) and post-exposure prophylaxis (PEP).
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Decriminalization of Politics
The Supreme Court has said that it would consider a plea seeking a lifetime ban on people convicted of offenses from contesting elections and becoming MPs and MLAs.
Why such petition?
The petition has made a very logical argument that even a constable can lose his job after conviction for corruption.
The Centre maintained affirmation on the existing (namesake) bar of disqualification was enough for legislators.
The disqualification under the Representation of the People Act of 1951 is the period of prison sentence and six years thereafter.
What did the Centre argue against lifetime ban?
In 2017, the ECI endorsed the call for a life ban in the top court. This was a boost for the cause of decriminalisation of politics.
In Dec 2020, the Centre rejected the idea of a lifetime ban on convicted persons contesting elections or forming or becoming an office-bearer of a political party.
It had reasoned that MPs and MLAs were not bound by specific “service conditions”.
They are bound by their oath to serve citizens and country along with propriety, good conscience and interest of the nation.
Criminalization of politics: Indian Case
The criminalization of politics has become a headache for the Indian democracy and it is a harsh reality now.
Criminalization of politics in India includes political control of the police, state money, corruption, weak laws, lack of ethics, values, vote bank politics and loopholes in the function of the election commission.
Deep down, it’s a large nexus of police, money, corrupt bureaucracy, casteism, religion and the drawbacks of functioning in the election commission.
Why are tainted candidates inducted by political parties?
Innocent until proven guilty maxim: The other reason offered by political parties is summarised by the maxim of Indian law, which is that any accused is innocent until proven guilty.
Popularity: Such candidates with serious records seem to do well despite their public image, largely due to their ability to finance their own elections and bring substantive resources to their respective parties.
Prospected victory: The logic of a candidate with criminal charges doing better for the cause of people of is another flawed argument.
Destabilizing other electors: Others do not seek to punish these candidates in instances where they are in contest with other candidates with similar records.
Vested interests: Some voters tend to view such candidates through a narrow prism: of being able to represent their interests by hook or by crook.
A harsh reality of Political Asylum
The NN Vohra committee’s report on the criminalization of politics discussed how criminal gangs flourish under the care and protection of politicians.
Many times the candidates themselves are the gang leaders.
This protection is paid back to them during elections through capital investment in election spending and voter support.
Issues with Criminals in Politics
Morality of the process: It is extremely important that the people who enter the field of politics have a clear image and high moral character.
No rule of law: A leader with criminal character undoubtedly tends to undermine the rule of law.
Violation of right to equality: There were 4.78 lakh prisoners (as of December 2019) of whom 3.30 lakh were under trial, i.e. not yet proven guilty.
Problem of undertrial: An “innocent” undertrial cannot vote, but a man chargesheeted for murder can even contest election from jail.
Supreme Courts guidelines in this regard
The Supreme Court earlier in Feb 2020 had ordered political parties to publish the entire criminal history of their candidates for Assembly and Lok Sabha elections.
Reasons for nomination: It has also asked for the reasons that goaded them to field suspected criminals over decent people.
Publication of records: The information should be published in a local as well as a national newspaper as well as the parties’ social media handles.
48hr time frame: It should mandatorily be published either within 48 hours of the selection of candidates or less than two weeks before the first date for filing of nominations, whichever is earlier.
Contempt for non-compliance: It also ordered political parties to submit compliance reports with the Election Commission of India within 72 hours or risk contempt of court action.
No escape: The judgment is applicable to parties both at Central and State levels.
Immediate Reason for Judicial Action
The immediate provocation is the finding that 46% of MPs have criminal records.
The number might be inflated as many politicians tend to be charged with relatively minor offences —“unlawful assembly” and “defamation”.
The real worry is that the current cohort of Lok Sabha MPs has the highest (29%) proportion of those with serious declared criminal cases compared to its recent predecessors.
Way forward
(1) ECI suggestion on vendetta politics
The ECI has suggested some safeguards against vendetta politics.
First, only offences that carry an imprisonment of at least 5 years are to be considered.
The case against the candidate should have been filed at least six months before the scheduled elections for it to be considered.
And finally, a competent court must have framed the charges.
(2) Speedy trials
An alternative solution would be to try cases against political candidates in fast-track courts.
The SC had sent a directive in 2014, directing that cases against political candidates must be completed within a year, failing which the matter should be reported to the CJs.
(3) Legislative reforms
We must have a law which debars persons with serious criminal cases from entering the assemblies and the Parliament.
There must be stringent criteria in Representation of Peoples Act as well.
(4) Revamping Criminal Justice System
The criminal justice system must be revamped as recommended by the Malimath Committee.
An institution comprising representatives of the police/CBI/NIA, IB, IT department, Revenue Intelligence and Enforcement Directorate should be set up to monitor the activities of the mafia and criminal syndicates in the country.
From UPSC perspective, the following things are important :
Prelims level: PMAY-U
Mains level: Urban housing
The Union Cabinet approved an extension to the Pradhan Mantri Awas Yojana-Urban up to December 31, 2024 so that the houses sanctioned under the scheme can be completed.
PMAY-Urban scheme
The PMAY-U, a flagship Mission of GoI being implemented by Ministry of Housing and Urban Affairs (MoHUA), was launched on 25th June 2015.
The Mission addresses urban housing shortage among the EWS/LIG and MIG categories including the slum dwellers by ensuring a pucca house to all eligible urban households by the year 2022.
It adopts a demand-driven approach wherein the Housing shortage is decided based on demand assessment by States/Union Territories.
State Level Nodal Agencies (SLNAs), Urban Local Bodies (ULBs)/ Implementing Agencies (IAs), Central Nodal Agencies (CNAs) and Primary Lending Institutions (PLIs) are main stakeholders.
Coverage area
The Mission covers the entire urban area consisting of:
Statutory Towns
Notified Planning Areas
Development Authorities
Special Area Development Authorities
Industrial Development Authorities or
Any such authority under State legislation which is entrusted with the functions of urban planning & regulations
Key features of PMAY (U)
All houses under PMAY (U) have basic amenities like toilet, water supply, electricity and kitchen.
The Mission promotes women empowerment by providing the ownership in name of female member or in joint name.
Here, preference is given to differently abled persons, senior citizens, SCs, STs, OBCs, Minority, single women, transgender and other weaker & vulnerable sections of the society.
Categorization within the scheme
PMAY (U) adopts a cafeteria approach to suit the needs of individuals based on the geographical conditions, topography, economic conditions, availability of land, infrastructure etc.
The scheme has hence been divided into four verticals as given:
In-situ Slum Redevelopment (ISSR): Central Assistance of Rs. 1 lakh per house is admissible for all houses built for eligible slum dwellers under the component of ISSR using land as Resource with participation of private developers.
Credit Linked Subsidy Scheme (CLSS): Beneficiaries of Economically Weaker Section (EWS)/Low Income Group (LIG), Middle Income Group (MIG)-I and Middle Income Group (MIG)-II seeking housing loans from Banks, Housing Finance Companies and other such institutions for acquiring, new construction or enhancement* of houses are eligible for an interest subsidy of 6.5%, 4% and 3% on loan amount upto Rs. 6 Lakh, Rs. 9 Lakh and Rs. 12 Lakh respectively.
Affordable Housing in Partnership (AHP): Under AHP, Central Assistance of Rs. 1.5 Lakh per EWS house is provided by the Government of India. An affordable housing project can be a mix of houses for different categories but it will be eligible for Central Assistance, if at least 35% of the houses in the project are for EWS category.
Beneficiary-led Individual House Construction/ Enhancement (BLC-N/ BLC-E): Central Assistance upto Rs. 1.5 lakh per EWS house is provided to eligible families belonging to EWS categories for individual house construction/ enhancement. The Urban Local Bodies validate the information and building plan submitted by the beneficiary.
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Transgenders' rights
In a big win for an aspiring pilot and the entire transgender community, the Directorate General of Civil Aviation (DGCA) has for the first time framed new medical guidelines that allow transgender persons who have completed gender transition therapy or surgery to be declared fit to fly.
What did DGCA allow?
The DGCA guidelines for aeromedical evaluation of transgender persons for obtaining medical clearance for all categories of pilot’s licence — private pilot’s licence, student pilot licence and commercial pilot licence.
An ongoing hormone therapy will also not be a ground for disqualification.
It says that candidates who have completed their hormone therapy and gender affirmation surgery more than five years ago will be declared medically fit.
They should clear screening for mental health in accordance with the World Professional Association for Transgender Health.
Some limitations
However, transgender pilots “may” have some limitations imposed such as being allowed to only fly as first officers (junior pilots).
When they are flying as pilot-in-command their co-pilot has to have 250 hours of flying on that particular type of aircraft or the co-pilot has to be a senior captain who is a trainer.
Why such modification?
An Indian citizen, is the first transgender trainee pilot with a private pilot licence from South Africa.
He/she was unable to complete his training in India after the DGCA in April 2020 rejected his medical clearance needed to obtain a student’s pilot licence.
The Ministry of Social Justice and Empowerment intervened and wrote to the DGCA.
It called the rules “discriminatory” and in violation of the Transgender Persons (Protection of Rights) Act of 2019 and demanded “guidelines for licensing” for transgender persons.
Conclusion
Because of the fear of backlash from society, family and friends, coming out as a transgender is itself a very challenging move for those who hide their identity.
Major issue lies with societal acceptance of transgender and recognition. Such steps create awareness among people with example.
Society should be made sensitive enough to realize it is none of the concerned person’s fault.
Back2Basics: Transgender Persons (Protection of Rights) Act, 2019: Key Features
Defining Transperson
The act defines a transgender person as one whose gender does not match the gender assigned at birth.
It includes trans-men and trans-women, persons with intersex variations, gender-queers, and persons with socio-cultural identities, such as kinnar and hijra.
Prohibition against discrimination
It prohibits the discrimination against a transgender person, including denial of service or unfair treatment in relation to education, employment, healthcare, access to, or enjoyment of goods, facilities, opportunities available to the public.
Every transgender person shall have a right to reside and be included in his household.
No government or private entity can discriminate against a transgender person in employment matters, including recruitment, and promotion.
HRD measures
A transgender person may make an application to the District Magistrate for a certificate of identity, indicating the gender as ‘transgender’.
Educational institutions funded or recognised by the relevant government shall provide inclusive facilities for transgender persons, without discrimination.
The government must provide health facilities to transgender persons including separate HIV surveillance centres, and sex reassignment surgeries.
Grievances redressal
The National Council for Transgender persons (NCT) chaired by Union Minister for Social Justice, will advise the central government as well as monitor the impact of policies with respect to transgender persons.
It will also redress the grievances of transgender persons.
Legal Protection
The Bill imposes penalties for the offences against transgender persons like bonded labour, denial of use of public places, removal from household & village and physical, sexual, verbal, emotional or economic abuse.
From UPSC perspective, the following things are important :
Prelims level: Commission of Global Notables
Mains level: NA
Mexican President has proposed the setting up of a commission called ‘Commission of Global Notables’ comprising Prime Minister Narendra Modi.
Commission of Global Notables
Apart from Mr. Modi, the proposed “commission of global notables” includes Pope Francis and the UN Secretary-General Antonio Guterres.
This is yet a proposal in writing presented to the UN
It is understood that the list will find mention during the annual session of the UN General Assembly that will convene in September.
PM Modi and other leaders of the Member States are expected to participate in the session when the global body will discuss the crises in Ukraine, Gaza Strip and the regional tension over Taiwan.
Significance for India
This shows significance of India under the present regime under PM Modi. We have to admit that India’s soft power is ever increasing.
PM Modi has also received high honours from the United Arab Emirates, Russia, Saudi Arabia, Bhutan and several other countries since since the beginning of his first stint in May 2014.
That apart, he has also received awards from international non-government organisations.
From UPSC perspective, the following things are important :
Prelims level: Famous slogans in news
Mains level: Not Much
Inspiring and controversial, this article explains the history of slogans that have endured in India’s politics.
(1) ‘Jai Hind’ by Netaji Subhash Chandra Bose
Netaji Subhas Chandra Bose popularised ‘Jai Hind’ as a salutation for soldiers of his Indian National Army (INA), which fought alongside Netaji’s ally Japan in the Second World War.
But according to some accounts, Netaji did not actually coin the slogan.
A book says the term was coined by Zain-ul Abideen Hasan, the son of a collector from Hyderabad, who had gone to Germany to study.
There, he met Bose and eventually left his studies to join the INA.
Khan was tasked by Bose to look for a military greeting or salutation for the INA’s soldiers, a slogan which was not caste or community-specific, given the all-India basis of the INA.
The idea for ‘Jai Hind’ came to Hasan when he was at the Konigsbruck camp in Germany.
(2) ‘Tum mujhe khoon do, main tumhe aazadi doonga’ by Netaji Subhash Chandra Bose
This slogan had origins in a speech Netaji made in Myanmar, then called Burma, on July 4, 1944.
Underlining his core philosophy of violence being necessary to achieve independence, he said, “Friends! My comrades in the War of Liberation! Today I demand of you one thing, above all.
He ended the speech saying “Tum mujhe khoon do, main tumhe aazadi doonga” (Give me blood and I promise you freedom).
(3) ‘Vande Mataram’ by Bankim Chandra Chatterji
The term refers to a sense of respect expressed to the motherland.
In 1870, Bengali novelist Bankim Chandra Chattopadhyay wrote a song which would go on to assume a national stature, but would also be seen as communally divisive by some.
Written in Bengali, the song titled ‘Vande Mataram’ was not introduced into the public sphere until the publishing of the novel Anandamath in 1882, of which the song is a part.
Vande Mataram soon became the forefront of sentiments expressed during the freedom movement.
The novel, set in the early 1770s came against the backdrop of the Fakir-Sannyasi Rebellion against the British in Bengal.
(4) ‘Inquilab Zindabad’ by Maulana Hasrat Mohani
‘Inquilab Zindabad’ (Long live the revolution) was first used by Maulana Hasrat Mohani in 1921.
Hasrat was his pen name (takhallus) as a revolutionary Urdu poet, which also became his identity as a political leader.
Hasrat Mohani was a labour leader, scholar, poet and also one of the founders of the Communist Party of India in 1925.
Along with Swami Kumaranand — also involved in the Indian Communist movement — Mohani first raised the demand for complete independence or ‘Poorna Swaraj’, at the Ahmedabad session of the Congress in 1921.
His stress on Inquilab was inspired by his urge to fight against social and economic inequality, along with colonialism.
Before Mohani coined this slogan, the Bolshevik Revolution in Russia made the idea of revolution symbolic of the struggle for oppressed nationalities globally.
It was from the mid-1920s that this slogan became a war cry of Bhagat Singh and his Naujawan Bharat Sabha, as well as his Hindustan Socialist Republican Association (HSRA).
(5) ‘Sarfaroshi ki Tamanna’ by Bismil Azimabadi
This is the first line of a poem written by Bismil Azimabadi (and NOT Ramprasad Bismil), a freedom fighter and poet from Bihar, after the Jallianwalah Bagh Massacre of 1921 in Amritsar, Punjab.
The lines were popularised by Ram Prasad Bismil, another revolutionary.
He was a part of the Kakori train robbery, a successful and ambitious operation in which a train filled with British goods and money was robbed for Indian fighters to purchase arms.
(6) ‘Do or Die’ by Gandhi Ji
In 1942, the Second World War commencing and the failure of Stafford Cripps Missions – which only promised India a ‘dominion status’ where it would still have to bear allegiance to the King of England .
This made Gandhi Ji realise that the movement for freedom needed to be intensified.
On August 8, 1942, the All-India Congress Committee met in Gowalia Tank Maidan (August Kranti Maidan) in Bombay.
Gandhi addressed thousands after the meeting to spell out the way forward.
(7) ‘Quit India’ by Yusuf Meherally
While Gandhi gave the clarion call of ‘Quit India’, the slogan was coined by Yusuf Meherally, a socialist and trade unionist who also served as Mayor of Mumbai.
A few years ago, in 1928, Meherally had also coined the slogan “Simon Go Back” to protest the Simon Commission – that although was meant to work on Indian constitutional reform, but lacked any Indians.
Meherally was a Congress Socialist Party member who was actively involved in anti-government protests.
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: India-Australia relations
The Union Cabinet has approved the signing of an Audio Visual Co-production Treaty between India and Australia, which is aimed at facilitating joint production of films between the two countries.
India – Australia Relations
Both the countries share the ethos and values of pluralism, liberal democracy, steadfast commitment to rule of law, Commonwealth traditions, international peace, development and security.
The establishment of diplomatic relations between them dates back to the Pre-independence era. It started with the opening of the Consulate General of India as a Trade Office in Sydney in 1941.
Since then the ties have blossomed and currently, they enjoy a multi-faceted cooperation spanning areas of political interactions, economic collaboration, scientific research, strategic convergence, friendly people-to-people ties especially diaspora links and sporting ties of hockey and cricket.
Areas of cooperation
1.Political Dimension
Both the countries are members of G-20, ASEAN Regional Forum (ARF), IORA (Indian Ocean Rim Association), Asia Pacific Partnership on Climate and Clean Development, East Asia Summit and the Commonwealth. Australia has been extremely supportive of India’s quest for membership of the APEC (Asia Pacific Economic Cooperation).
Australia whole-heartedly welcomed India s joining of the MTCR (Missile Technology Control Regime).
2. Economic Dimension
In recent years, the India-Australia economic engagement has magnified significantly. Australia has been very appreciative of economic reforms undertaken by India and its improving ease of doing business rankings because of the reforms was undertaken by the current government. India has welcomed Australia to participate in its Make in India, Smart Cities, AMRUT (Atal Mission for Rejuvenation and Urban Transformation), Clean Ganga Project etc. initiatives.
India and Australia are partners in the trilateral Supply Chain Resilience Initiative (SCRI) arrangement along with Japan which seeks to enhance the resilience of supply chains in the Indo-Pacific Region.
Recently, India signed a historic trade agreement with Australia, the India-Australia Economic Cooperation and Trade Agreement (Ind- Aus ECTA).
It is the first Free Trade Agreement (FTA) that India has signed with a major developed country in over a decade. Credit: Business Standard
The current government has invited Australia s private sector participation in Indian economy. It says red tape in India has been replaced by red carpet and has welcomed private investors.
3.Trade and Economic
The establishment of India-Australia Joint Ministerial Commission (JMC) in 1989 encouraged dialogue at a government and business level on multiple issues of trade and investment.
India-Australia CEO Forum is a significant mechanism through which business leaders from both nations engage in mutually fruitful dialogue to enhance bilateral trade and investment relationship. The Forum consists of heads of Indian and Australian business from multiple sectors like energy and resources, agri-business, financial sector, telecommunications, IT, education and pharmaceuticals. The last meeting of the Forum was held in New Delhi on 29th August 2017.
The city of Canberra, Australia hosted the seventh India-Australia Economic Policy Dialogue during 16-18 July 2017.
India’s main exports to Australia are Refined Petroleum, medicaments, while our major imports are Coal, copper ores & concentrates, Gold, and education related services.
India s major imports from Australia are coal, non-monetary gold, copper, wool, fertilizers, wheat, vegetables and education-related services.
India and Australia have been each other’s important trading partners.
Australia is the 17th largest trading partner of India and India is Australia’s 9th largest trading partner.
India-Australia bilateral trade for both merchandise and services is valued at USD 27.5 billion in 2021.
India’s merchandise exports to Australia grew 135% between 2019 and 2021. India’s exports consist primarily of a broad-based basket largely of finished products and were USD 6.9 billion in 2021.
India’s merchandise imports from Australia were USD 15.1 billion in 2021, consisting largely of raw materials, minerals and intermediate goods.
4.Civil Nuclear Cooperation Agreement
A Civil Nuclear Cooperation Agreement between the two countries was signed in September 2014 during the visit of the Australian Prime Minister to India. The agreement came into force from 13 November 2015.
The Australian Parliament passed the “Civil Nuclear Transfer to India Bill 2016” on 01 December, 2016 which ensures that Uranium mining companies in Australia may fulfil contracts to supply Australian uranium to India for civil use with confidence that exports would not be hindered by domestic legal action challenging the consistency of the safeguards applied by the IAEA in India and Australia’s international non-proliferation obligations.
It also ensures that any future bilateral trade in other nuclear-related material or items for civil use will also be protected.
5.Defence Cooperation
The Mutual Logistics Support Agreement has been signed during the summit that should enhance defence cooperation and ease the conduct of large-scale joint military exercises.
There is a technical Agreement on White Shipping Information Exchange.
Recently Australia and India conducted AUSINDEX,their largest bilateral naval exercise, and there are further developments on the anvil, including Australia’s permanent inclusion in the Malabar exercise with Japan.
In 2018, Indian Air Force participated for the first time in the Exercise Pitch Blackin Australia. The third edition of AUSTRAHIND(Special Forces of Army Exercise) was held in September 2018.
A broader maritime cooperation agreement with a focus on Maritime Domain Awareness (MDA) is also in the works and Australia has agreed to post a Liaison Officer at the Indian Navy’s Information Fusion Centre – Indian Ocean Region (IFC-IOR) at Gurugram.
6.Education
Under the New-Colombo Plan of Australian government, 900 Australian undergraduates have studied and completed internships in India during the period 2015-16
7.Diaspora
The Indian community in Australia has the population of nearly half a million (2.1 % of the population), and another over 1,50,000 persons of Indian descent immigrated from other countries (Fiji, Malaysia, Kenya and South Africa).
India is one of the top sources of skilled immigrants to Australia.
8.Energy Cooperation
A Joint Working Group on Energy and Minerals was established in 1999 to expand bilateral relationship in the energy and resources sector. The 8th JWG meeting held in New Delhi in June 2013.
As energy is one of the central pillars of economic cooperation, both sides agreed during the visit of our Prime Minister to Australia in November 2014 to cooperate on transfer of clean coal technology and welcomed Australia’s desire to upgrade the Indian School of Mines, Dhanbad.
9. International cooperation
India and 62 other countries have backed a draft resolution led by Australia and the EU to ‘identify the zoonotic source’ of Covid-19 and its ‘route of introduction’ to humans.
Australia supports India’s candidature in an expanded UN Security Council.
Both India and Australia are members of the Commonwealth, IORA, ASEAN Regional Forum, Asia Pacific Partnership on Climate and Clean Development, and have participated in the East Asia Summits.
Australia is an important player in APEC and supports India’s membership of the organisation. In 2008, Australia became an Observer in SAARC.
Both countries have also been cooperating as members of the Five Interested Parties (FIP) in the WTO context.
An India Economic Strategy to 2035
In 2018, Australia’s Prime Minister has announced implementation of “An India Economic Strategy to 2035”, a vision document that will shape India-Australia bilateral ties.
It is based on three-pillar strategy- Economic ties, Geostrategic Engagement and Rethinking Culture-thrust on soft power diplomacy.
The focus of this report is on building a sustainable long-term India economic strategy.
The report identifies 10 sectors and 10 states in an evolving Indian market where Australia has competitive advantages, and where it should focus its efforts. These are divided into a flagship sector (education), three lead sectors (agribusiness, resources, and tourism) and six promising sectors (energy, health, financial services, infrastructure, sport, science and innovation).
Significance of the Relations
Australia is one of the few countries that has managed to combat COVID-19 so far through “controlled adaptation” by which the coronavirus has been suppressed to very low levels. Two of the leaders of this great Australia-wide effort are Indian-born scientists.
From farming practices through food processing, supply and distribution to consumers, the Australian agribusiness sector has the research and development (R&D) capacity, experience and technical knowledge to help India’s food industry improve supply chain productivity and sustainability and meet the challenges of shifting consumption patterns.
Australia is the 13th largest economy in the world, following closely behind Russia which stands at $1.6 trillion.
Australia is rich in natural resources that India’s growing economy needs.
It also has huge reservoirs of strength in higher education, scientific and technological research.
The dominance of Indo-Pacific countries in India’s trade profile: Fostering deeper integration between India and Australia will provide the necessary impetus to the immense growth potential of the trade blocs in this region.
The two countries also have increasingly common military platforms as India’s defence purchases from the U.S. continue to grow.
Australia has deep economic, political and security connections with the ASEAN and a strategic partnership with one of the leading non-aligned nations, Indonesia. Both nations can leverage their equation with ASEAN to contain China.
The Indo-Pacific region has the potential to facilitate connectivity and trade between India and Australia.
Being geographically more proximate than the US or Japan, India and Australia can emerge as leading forces for the Quad.
Associated Issues
Trade deficit: India’s trade deficit with Australia has been increasing since 2001-02 due to India-Australia Free Trade Agreement. It is also a contentious issue in the ongoing RCEP negotiations which India left.
India’s desire for visa reforms in Australia, which would permit more Indian workers to seek employment in Australia, remains unmet. India wants greater free movement and relaxed visa norms for its IT professionals, on which Australia is reluctant. Australia and India are yet to nurture a common bilateral ground to figure out the basis of their cooperation.
The formation of the Japan–America–India (JAI) partnership at the G20 summit in Buenos Aires in 2018 is cause for Australian concern. India’s unwillingness to invite Australia to participate in the Malabar naval exercise, despite Australian lobbying, has sparked speculation over the fate of the Quadrilateral Consultative Dialogue (the ‘Quad) involving India, Australia, Japan and the United States.
Building consensus on non-nuclear proliferation and disarmament has been a major hurdle given India’s status as a nuclear power. Trade and maritime security on the other hand seem the most viable points of collaboration. Although a defence agreement was signed in 2014, the defence relationship has yet to develop fully.
Although security has received a lot of significance in the relationship, in practice Australia-India defence cooperation remains relatively undeveloped. There are a considerable number of defence and security dialogues between the two countries, but none has been translated into more substantive cooperation.
Increasing Racist attacks on Indians in Australia has been a major issue. The relationship was further strained over the attacks on Indian students studying in Melbourne, and the resulting media coverage caused serious damage to Australia’s standing in India.
Need of the Hour
Upgradation of 2+2 talks. In addition, it may be prudent too for New Delhi and Canberra to elevate the ‘two plus two’ format for talks from the Secretary level to the level of Foreign and Defence Ministers.
Utilising current innovations in digital trade; such digitisation of economic activities has changed the landscape of trade, enhancing associations between economies and, in particular, South-South flows.
Removal of trade barriers would lead to an increase in the exports of these commodities, although the increasing number of disputes at the WTO with regard to the Australian sector can act as a serious impediment.
India and Australia have a strong track record of collaborating in research and innovation. The $84 million Australia-India Strategic Research Fund (AISRF) is Australia’s largest. The Australian Government’s $1.1 billion National Innovation and Science Agenda presents new opportunities to engage with India. The agenda resonates well with India’s ‘Start-up India’ and ‘Make in India’ campaign.
It is evident in policy areas such as maritime security, climate change, energy security, law enforcement, governance and the politics of security institutions.
Engaging Indonesia, Japan, France and Britain for securing Indo-Pacific
An ‘engage and balance’ China strategy is the best alternative to the dead end of containment. The role of the US is of particular importance as it has recently been a driver of efforts towards bringing similarly aligned states in counterbalancing China.
Conclusion
Their ties are extremely important for the Indo-Pacific region which is in flux. They stand out for their solemn commitment towards democratic values, international peace, rule of law, development and multiculturalism.a
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Issue of media trials
Context
In an ongoing case, the Peoples’ Union for Civil Liberties asked the Supreme Court to issue guidelines to regulate media briefings by the police to ensure fair trial.
This has left the judiciary with no choice but to deliberate on binding directives to the police.
What is Media Trial?
Media Trial is when various newspapers, magazines, television channels, social media websites interpret facts of a particular case and present them in front of the general public.
In India, we have witnessed media trials in many cases where before the verdict of the Indian judiciary, the media channels frame an accused in such a manner that the general public believes him/her to be the person guilty of such offence.
Media Trial is not prohibited in India, but it influences the views and opinions of the general public as well as judges and lawyers.
Issue of media trial
[A] For Police
(1) Investigation fouling
In criminal cases that attract the most sensationalist media coverage, media attention is often drawn toward investigation and early trial stages.
This makes the police a crucial source for the media and communication between the two institutions is often a starting point of the troubles of media trials.
(2) Unregulated divulgence of case details
Leakage of information by police force and disproportionate reliance on this information by the media results in a public stripping of the rights that typically accompany a fair trial.
(3) Blow to procedural justice
Most police departments do not have dedicated media cells, making officials of all levels authoritative sources of information and blurring the boundaries between an official and informal police account of events.
As a result, the evidence-based narrative of criminal cases presented by the police to a court varies significantly from the account provided to the news media.
This is detrimental for the persons involved in the case, and the justice system as a whole.
[B] For Judiciary
(1) Violation of the rights of litigants
Reportage of this nature violates the presumption of innocence and the right to dignity and the privacy of suspects, the accused, victims, witnesses and persons closely related to them.
They often face social ostracization and difficulties in retaining employment, making them vulnerable to crime and exploitation.
(2)Disharmony
Police narratives are sometimes designed to achieve political goals, and the media’s ready acceptance of these narratives does little to prevent their insidious effects.
Given the media’s ability to shape political opinion, law enforcement agencies are sometimes under pressure to selectively reveal certain facets of the investigation or to mischaracterise incidents as communal or systemic.
What should be the role of Media?
Contextualization: Problematic news coverage of criminal cases arises when reporters absolve themselves of any duty to contextualise information revealed by the police.
Verification of the facts: Media ethics extend beyond verification of facts to check its Authencity.
Create public awareness: Apart from making sure that police narratives are accurate before making them public, reporters bear the burden of translating the significance of police versions in a criminal trial.
Prevent mistrust in institutions: It is meant to protect, and contributes considerably to the public apprehension and mistrust in the system.
Why is news media being hyperactive?
We should remember that the new media as an institution is NOT a not-for-profit organization.
The negligence can be attributed to the changing nature of the newsroom, responding to deadlines externally set by competing social media accounts that now qualify as news.
Court directives and legal provisions
Ans: The Romila Thapar vs Union of India, (2018) Case
Courts have repeatedly directed law enforcement authorities not to reveal details of their investigations, especially the personal details of the accused, before trial is complete.
It calls for states to enact their own laws based upon social construct.
The Ministry of Home Affairs issued office memorandum outlining a media policy over a decade ago, but this is of limited value given that ‘Police’ is an entry in the State List and thus falls primarily within the jurisdiction of State governments.
Way forward
Uniform regulation: Government regulation is not uniform for print and television media and enforcement of these regulations, where it occurs, is slow.
Prevent overt regulation: In any event, Government regulation of the media is problematic and likely to increase politicization of the press.
Strengthening self-regulation: Self-regulation set-ups such as the National Broadcasting Standards Authority and Indian Broadcasting Foundation are membership-based and easily avoided by simply withdrawing from the group.
Reconcile the public faith: It is now in the immediate interest of the media and the general interest of free press, that media institutions look inward to find an answer to what is essentially an ethical crisis.
Conclusion
The media’s immense power to shape narratives regarding public conceptions of justice makes it a close associate of the justice system, bringing with it a responsibility to uphold the basic principles of our justice system.
The media should feel subject to the obligation to do its part in aiding mechanisms that aim to preserve these principles.
From UPSC perspective, the following things are important :
Prelims level: Article 21
Mains level: Paper 2- Abortion rights
Context
Recently, a three-judge bench of the Supreme Court of India delivered a significant order, clarifying that the right to a medical abortion that was available to married women could not be denied to unmarried women.
Background of the case
The SC’s order granting permission to undergo an abortion was passed in the case of a petitioner who was in a consensual relationship, and whose partner deserted her.
The Delhi High Court had denied the petitioner’s right to terminate her pregnancy.
Rule 3B of the Medical Termination of Pregnancy Rules 2003, lays down the categories of women who are eligible for termination of pregnancy up to 24 weeks:
Survivors of sexual assault or rape or incest; minors; where there is a change of marital status during the ongoing pregnancy (widowhood and divorce); women with physical and mental disabilities, women with pregnancies in humanitarian settings; foetal “malformations” that have a substantial risk of being incompatible with life, or which, if the child is born, may cause it to suffer from a serious physical or mental handicap.
The High Court found that the petitioner had not undergone a “change in marital status”.
The SC found that prima facie, the High Court had been too restrictive in its approach, and that the term “change in marital status” should be given a purposive interpretation.
Three key judgments
The Supreme Court in this casebased this finding on the 2021 Amendment to the MTP Act, which no longer restricts itself to an unwanted pregnancy between a “husband” and “wife”, but to a woman and her “partner”, by marriage or not.
The Court relied on three key judgements:
1] The 2010 S Khushboo case, which recognised the legality of live-in relationships and pre-marital sex.
2] The 2009 Suchita Srivastava case, which recognised that a woman’s right to make reproductive choices is part of the “personal liberty” guaranteed under Article 21.
3] The 2017 K S Puttaswamy case, which reaffirmed that women’s right to bodily integrity is part of the fundamental right to privacy.
The Court observed: The statute has recognised the reproductive choice of a woman and her bodily integrity and autonomy.
Contrast with rights in the US: The SC’s order attains significance in contrast to the recent Dobbs decision in the US.
Constitutional rights are interconnected: Unravel one and the entire edifice of protections could fall apart.
Conclusion
The Supreme Court offers hope that right to abortion won’t be restricted by a woman’s marital status.
From UPSC perspective, the following things are important :
Prelims level: West Bank, Gaza
Mains level: Israel-Palestine Issue
India has termed Gaza violence as grave concern and called for immediate resumption of talk between Israel and Palestine.
Here we explain the roots of the Israel-Palestine conflict, the two-state solution and why it has not materialized.
What is the Israel-Palestine conflict?
The land to which Jews and Palestinians lay claim to was under the Ottoman Empire and then the British Empire in early 20th century.
Palestinian people —the Arab people from the same area— want to have a state by the name of Palestine in that area.
The conflict between Israelis and Palestinians is over who gets what land and how it’s controlled.
Jews fleeing the persecution in Europe at the time wanted to establish a Jewish state on the land which they believe to be their ancient homeland.
The Arab at the time resisted, saying the land was theirs.
The land at the time was called Palestine.
In 1917’s Balfour Declaration, the United Kingdom declared its support for the establishment of a “national home for the Jewish people” in Palestine.
Arabs resisted it which led to violence.
When did the migration begin?
Some 75,000 Jews migrated to Palestine from1922-26 and some 60,000 Jews emigrated in 1935, according to a history published by the University of Central Arkansas.
It adds that Palestinian Arabs demanded the UK to halt Jewish emigration, but the UK ignored such calls. There were violent incidents, leading to deaths of some 500 people.
In 1923, the British Mandate for Palestine came into effect.
The document was issued by the League of Nations, the failed predecessor of the United Nations (UN).
The Mandate gave the UK the responsibility for creating a Jewish national homeland in the region.
In 1936, the UK government, recommended the partition of Palestine into Jewish and Arab states.
Issue at the UN
In 1947, Britain referred the issue of Palestine to the UN, which came up with a partition plan.
It put up two proposals. One, two separate states joined economically —the majority proposal— and, two, a single bi-national state made up of autonomous Jewish and Palestinian areas, the minority proposal.
The Jewish community approved of the first of these proposals, while the Arabs opposed them both.
Israel declares independence
In May 1948, Israel declared its independence.
The Arab countries of Lebanon, Syria, Iraq, and Egypt invaded the newly-declared country immediately.
When the war ended, Israel gained some territory formerly granted to Palestinian Arabs under the UN resolution in 1947.
It also retained control over the Gaza Strip and the West Bank respectively.
The two-state solution and why it hasn’t worked out
The two-state solution refers to an arrangement where Israeli and Palestinian states co-exist in the region.
However, such a solution has not materialised over the decades.
As outlined in the beginning and in the briefly explained roots of the conflict, the two-state solution means two separate states for Israelis and Palestinians.
There are four main reasons why the two-state solution has not materialized by now:
[1] Borders
There is no consensus as to how to draw the lines dividing the two proposed states.
Many people say borders should have pre-1967 lines.
In 1967 Israeli-Arab war, Israel captured Sinai Peninsula, Gaza Strip, West Bank, Old City of Jerusalem, and Golan Heights.
Israel is not willing to give up these gains. It returned Sinai to Egypt in 1982.
Moreover, there is the question of Israeli settlements in West Bank.
[2] Question of Jerusalem
Both Israel and Palestinians claim Jerusalem as their capital and call it central to their religion and culture.
The two-state solution typically calls for dividing it into an Israeli West and a Palestinian East, but it is not easy to draw the line — Jewish, Muslim and Christian holy sites are on top of one another.
Israel has declared Jerusalem its ‘undivided capital’, effectively annexing its eastern half, and has built up construction that entrenches Israeli control of the city.
[3] Refugees
A large number of Palestinians had to flee in the 1948 War.
They and their descendants —numbering at 5 million— demand a right to return. Israel rejects this.
The return of these people would end the demographic majority of Jews, ending the idea of Israel that’s both democratic and Jewish.
[4] Security
Security concerns are also central to Israel as it’s constantly harassed by terrorist group Hamas that controls Gaza Strip.
Hamas and other Islamist group in Gaza launch rockets into Israel time-to-time.
Moreover, there are also concerns of Palestinians’ attack inside Israel.
This year in March-April, at least 18 Israelis were killed in Palestinian attacks inside Israel.
A total of 27 Palestinians were also killed in the period, including those who carried out attacks inside Israel. Palestinians too have their concerns.
For Palestinians, security means an end to foreign military occupation.
Why the two-state solution is needed?
Besides fulfilling the basic desire of both Jews and Arabs of their own states, supporters of two-state solutions say it must be backed because its alternatives are simply not workable.
A single state merging Israel, West Bank, and Gaza would reduce Jews to a minority.
At the same time, in such a state, Jews would be a significant minority which would mean that the Arab majority would be miffed.
Moral reasoning too for a two-state solution
It says that the aspirations of one person should not be overridden for others’ aspirations.
It’s a struggle for collective rights between two distinct groups of people.
Jews are the global micro-minority with a very small piece of land to exist.
Depriving Israeli Jews of a Jewish state or Palestinians of a Palestinian state would represent a subordination of one group’s aspirations to someone else’s vision.
Way forward
India opines that long-term peace in Israel and Palestine can be achieved only through a negotiated two-State solution leading.
This can be done with the establishment of a sovereign, independent and viable State of Palestine living within secure and recognized borders.
From UPSC perspective, the following things are important :
Prelims level: Electricity Amendment Bill
Mains level: Read the attached story
The government has tabled the Electricity (Amendment) Bill 2022 in the Lok Sabha. This has drawn huge protests across the country, in states like Tamil Nadu, Telangana, Rajasthan, and others.
Electricity (Amendment) Bill
This Bill amends the Electricity Act, 2003. The Act regulates the electricity sector in India.
It sets up the Central and State Electricity Regulatory Commissions (CERC and SERCs) to regulate inter-state and intra-state matters, respectively.
Key provisions under the Bill are:
Multiple discoms in the same area: The Act provides for multiple distribution licensees (discoms) to operate in the same area of supply. The Bill removes this requirement. It adds that a discom must provide non-discriminatory open access to its network to all other discoms operating in the same area, on payment of certain charges.
Power procurement and tariff: Upon grant of multiple licenses for the same area, the power and associated costs as per the existing power purchase agreements (PPAs) of the existing discoms will be shared between all discoms.
Cross-subsidy Balancing Fund: The Bill adds that upon grant of multiple licenses for the same area, the state government will set up a Cross-subsidy Balancing Fund. Cross-subsidy refers to the arrangement of one consumer category subsidising the consumption of another consumer category. Any surplus with a distribution licensee on account of cross-subsidy will be deposited into the fund.
Rules of Centre: The Bill specifies that the above matters related to the operation of multiple discoms in the same area will be regulated in accordance with the rules made by the central government under the Act.
License for distribution in multiple states: As per the Bill, the CERC will grant licenses for distribution of electricity in more than one state.
Payment security: The Bill provides that electricity will not be scheduled or despatched if adequate payment security is not provided by the discom. The central government may prescribe rules regarding payment security.
Contract enforcement: The Bill empowers the CERC and SERCs to adjudicate disputes related to the performance of contracts. These refer to contracts related to the sale, purchase, or transmission of electricity. Further, the Commissions will have powers of a Civil Court.
Renewable purchase obligation: The Act empowers SERCs to specify renewable purchase obligations (RPO) for discoms. RPO refers to the mandate to procure a certain percentage of electricity from renewable sources. The Bill adds that RPO should not be below a minimum percentage prescribed by the central government. Failure to meet RPO will be punishable with a penalty between 25 paise and 50 paise per kilowatt of the shortfall.
Selection committee for SERCs: Under the Act, the Chairperson of the Central Electricity Authority or the Chairperson of the CERC is one of the members of the selection committee to recommend appointments to the SERCs. Under the Bill, instead of this person, the central government will nominate a member to the selection committee. The nominee should not be below the rank of Additional Secretary to the central government.
Other key provisions
Tariff Ceilings: The Bill makes provision for “mandatory” fixing of minimum as well as maximum tariff ceilings by the “appropriate commission” to avoid predatory pricing by power distribution companies and to protect consumers.
Tariff revisions: The amendment has several provisions to ensure graded and timely tariff revisions that will help provide state power utilities enough cash to be able to make timely payments to power producers. This move is aimed at addressing the recurrent problem of default by distribution companies in payment to generation companies.
Payment security mechanism: The bill through amendments in Section 166 of the Act also seeks to strengthen payment security mechanisms and give more powers to regulators. It has become necessary to strengthen the regulatory mechanism, adjudicatory mechanism in the Act and to bring administrative reforms through improved corporate governance of distribution licensees.
Why is it being opposed?
Provisions of the Bill are being opposed by a number of opposition-ruled states.
It is being termed anti-federal in spirit.
Power as a subject comes under the Concurrent List and it was the “the bounden duty or the mandatory obligation” of the Centre to consult the states.
Criticisms
If passed in its current form it will lead to a major loss for government distribution companies, eventually helping to establish the monopoly of a few private companies in the country’s power sector.
By bringing in more retailers or distribution licensees, the quality of service or price is not going to be any different.
How will these amendments help?
Power freebie: The Bill comes at a time when there is a debate around freebies being offered by political parties.
Discom crisis: Various state power distribution companies (Discoms) have not been able to raise enough resources to make timely payments to power generating companies.
Empowering discoms: Empowering the regulator to be able to take calls on tariff revision and ensuring that the government freebies, even on electricity, should be through direct benefit transfer.
From UPSC perspective, the following things are important :
Prelims level: UNSC
Mains level: Paper 2- India-Switzerland relations
Context
Two countries will commemorate next year the 75th anniversary of the signing in New Delhi of the 1948 Treaty of Friendship.
Cooperation between two countries in various area
Switzerland and Indian partners are collaborating on digital transformation, sustainability, health, life sciences, medtech, infrastructure, cleantech, fintech, blockchain, AI and robotics.
Innovation and investment continue to be the primary drivers of our bilateral relations.
With over 330 Swiss companies, Switzerland is the 12th largest investor in India.
About 100 Swiss companies manufacture locally and support the Make in India initiative.
Trade talks between Switzerland (European Free Trade Association EFTA) and India are high on the priority list.
Digitalisation is emerging as a relatively new area of engagement with enormous potential for Switzerland and India.
Switzerland plays a leading role in researching new technologies and is home to many innovative and world-leading technology companies.
As one of the most innovative countries of the world, Switzerland seeks to engage with India, the leader of the Industry 4.0 revolution, in areas ranging from digital governance to digital self-determination.
Switzerland in UNSC as non-permanent member
Switzerland was elected to the United Nations Security Council as a non-permanent member for the first time this year in June.
Convergence in priorities at Security Council: There are convergences in Swiss and Indian priorities at the UN Security Council.
Switzerland, like India, is committed to a robust and effective multilateral system.
In the Security Council, Switzerland will do everything possible to ensure sustainable peace.
Many years ago, from 1971 to 1976, Switzerland represented India’s interests in Pakistan and vice versa.
In the Security Council, Switzerland will focus on the protection of civilians and on international humanitarian law.
Impact of climate change on security: Switzerland will also address climate change and its impact on security.
Reforms of Security Council: Switzerland desires effective UN institutions.
India has been advocating for a reform of the Security Council.
Switzerland’s fourth priority in 2023 and 2024 will be to contribute to improving the United Nations Security Council’s effectiveness towards greater transparency and accountability.
Conclusion
Two countries can together contribute to global good. This engagement is a result of not only our shared priorities, but also our shared democratic values and foreign policy independence.
