Note4Students
From UPSC perspective, the following things are important :
Prelims level: MRTP Act
Mains level: Abortion rights debate
The Supreme Court has held that all women, irrespective of their marital status, are entitled to safe and legal abortion till 24 weeks of pregnancy under the Medical Termination of Pregnancy (MTP) Act.
A case for safe abortion
- A Bench led by Justice D.Y. Chandrachud was hearing the appeal of a woman who wanted to abort her 24-week pregnancy after her relationship failed and her partner left her.
- The lower court had taken an “unduly restrictive view” that her plea for a safe abortion was not covered under the Medical Termination of Pregnancy Act.
- This was since the pregnancy arose from a consensual relationship outside wedlock.
What was the last amendment?
- The court noted that an amendment to the Act in 2021 had substituted the term ‘husband’ with ‘partner’, a clear signal that the law covered unmarried women within its ambit.
Reiterating the live-in recognition
- Chastising the lower court, the Bench said live-in relationships had already been recognised by the Supreme Court.
- There were a significant number of people in social mainstream who see no wrong in engaging in pre-marital sex.
- The law could not be used to quench “notions of social morality” and unduly interfere in their personal autonomy and bodily integrity.
About Medical Termination of Pregnancy (MTP) Act
- Abortion in India has been a legal right under various circumstances for the last 50 years since the introduction of the Medical Termination of Pregnancy (MTP) Act in 1971.
- The Act was amended in 2003 to enable women’s access to safe and legal abortion services.
- Abortion is covered 100% by the government’s public national health insurance funds, Ayushman Bharat and Employees’ State Insurance with the package rate for surgical abortion.
The idea of terminating your pregnancy cannot originate by choice and is purely circumstantial. There are four situations under which a legal abortion is performed:
- If continuation of the pregnancy poses any risks to the life of the mother or mental health
- If the foetus has any severe abnormalities
- If pregnancy occurred as a result of failure of contraception (but this is only applicable to married women)
- If pregnancy is a result of sexual assault or rape
The pregnancy can be terminated upto 24 weeks of gestational age after the opinion of two registered medical practitioners under these conditions —
- If the woman is either a survivor of sexual assault or rape or incest
- If she is a minor
- If her marital status has changed during the ongoing pregnancy (i.e. either widowhood or divorce)
- If she has major physical disabilities or is mentally ill
- On the grounds of foetal malformation incompatible with life or if the child is born, it would be seriously handicapped
- If the woman is in humanitarian settings or disaster, or emergency situations as declared by the government
These are the key changes that the Medical Termination of Pregnancy (Amendment) Act, 2021, has brought in:
- The gestation limit for abortions has been raised from the earlier ceiling of 20 weeks to 24 weeks, but only for special categories of pregnant women such as rape or incest survivors. But this termination would need the approval of two registered doctors.
- All pregnancies up to 20 weeks require one doctor’s approval. The earlier law, the MTP Act 1971, required one doctor’s approval for pregnancies upto 12 weeks and two doctors’ for pregnancies between 12 and 20 weeks.
- Women can now terminate unwanted pregnancies caused by contraceptive failure, regardless of their marital status. Earlier the law specified that only a “married woman and her husband” could do this.
- There is also no upper gestation limit for abortion in case of foetal disability if so decided by a medical board of specialist doctors, which state governments and union territories’ administrations would set up.
Criticism of Abortion
- Foetuses feel the pain: If the foetus is beyond 20 weeks of gestation, gynaecs assume that there will be pain caused to the foetus.
- Abortions cause psychological damage: Young adult women who undergo abortion may be at increased risk for subsequent depression.
- Abortions reduce the number of adoptable babies: Instead of having the option to abort, women should give their unwanted babies to people who cannot conceive. Single parenthood is also gaining popularity in the US.
- Cases of selective abortion: Such cases based on physical and genetic abnormalities (eugenic termination) is overt discrimination.
- Abortion as a form of contraception: It is immoral to kill an unborn child for convenience. Many women are using abortion as a contraceptive method.
- Morality put to question: If women become pregnant, they should accept the responsibility that comes with producing a child. People need to take responsibility for their actions and accept the consequences.
- Abortion promotes throwaway culture: The legalization of abortion sends a message that human life has little value and promotes the throwaway culture.
Arguments in favour for Abortion Rights
- Upholding individual conscience and decision-making: The US Supreme Court has declared abortion to be a fundamental right guaranteed by the US Constitution.
- Reproductive choice empowers women: The choice over when and whether to have children is central to a woman’s independence and ability to determine her future.
- Foetal viability occurs post-birth: Personhood begins after a foetus becomes “viable” (able to survive outside the womb) or after birth, not at conception. Abortion is the termination of a pregnancy, not a baby.
- No proof of foetal pain: Most neuroscientists believe that the cortex is necessary for pain perception. The cortex does not become functional until at least the 26th week of a foetus’ development.
- Preventing illegal abortions: Access to legal, professionally-performed abortions reduces maternal injury and death caused by unsafe, illegal abortions.
- Mother’s health: Modern abortion procedures are safe and do not cause lasting health issues such as cancer and infertility.
- Child’s health: Abortion gives pregnant women the option to choose not to bring fetuses with profound abnormalities to full term.
- Prevents women’s exclusion: Women who are denied abortions are more likely to become unemployed, to be on public welfare, to be below the poverty line, and to become victims of domestic violence.
- Reproductive choice protects women from financial disadvantage: Many women who choose abortion don’t have the financial resources to support a child.
- Justified means of population control: Many defends abortion as a way to curb overpopulation. Malnutrition, starvation, poverty, lack of medical and educational services, pollution, underdevelopment, and conflict over resources are all consequences of overpopulation.
Conclusion
- Hence it is now established that the right to abortion is a legal right of all women.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Location,BIMSTEC,Centre for Bay of Bengal Studies
Mains level: Foreign Policy,Regional Grouping
Context
- At the fourth BIMSTEC summit, Prime Minister Narendra Modi announced the opening of the Centre for Bay of Bengal Studies (CBS) at Nalanda University. The launch of the CBS has once again demonstrated India’s commitment to advancing constructive agendas by forging connections and setting up platforms for all those with an interest in the of Bay of Benagl.
- Commerce hub: The Bay has long been a major commerce hub for the Indian Ocean. It created a conduit between the East and the West in terms for trade and culture.
- Emerging arena of maritime warfare: An Indo-Pacific orientation and the realignment of global economic and military power towards Asia have had a considerable impact on the Bay region.
- Communication and Energy: The key sea lanes of communication in this area are lifelines for global economic security and are crucial to the energy security that powers the economies of many countries in the region.Further, non-traditional dangers including terrorism and climate change have become more prevalent.
- Under water resources: The Bay also provides an opportunity for greater regional cooperation in the environmentally friendly exploration of marine and energy resources. The Bay has a biodiverse marine environment.
- Fresh water resources: It receives the water from some of the world’s largest rivers. It is a partially enclosed sea that has given rise to several geological characteristics.
- Ecology: It is home to many rare and endangered marine species and mangroves, which are essential to the survival of the ecology and the fishing sector.
Why ecology in the region is under threat?
The region’s maritime environment has changed as are result of major powers expanding their economic and geopolitical influence.
- Competition: Political and cultural engagement, together with economic competition, have taken on new dimensions. More crucially, the Bay’s ecosystem is going through an unprecedented crisis brought on by widespread environmental exploitation and geopolitical unrest.
- Resource exploitation: Species extinction is a result of careless exploitation of the maritime environment, which has severe consequences on biodiversity. Problems such as population growth, altered land use, excessive resource exploitation, salinity, sea level rise, and climate change are exerting significant strain on the Bay’s environment.
- Water pollution: Operational discharge from small and medium feeder ships, shipping collisions, unintentional oil spills, industrial waste, pollution, and the accumulation of non- biodegradable plastic litter are all contributing to the deterioration of the Bay.
- Declining ecology: A dead-zone has formed, and the mangrove trees that protect the shore from the fury of nature are under more threat than ever.
What could be the Solutions?
For a better knowledge of challenges, and strategies to overcome them for the sustainable development of the region, more focused and inter-disciplinary study is required on these issues.
- Centre for Bay of Bengal studies: By founding the CBS, Nalanda University has already started its journey and given the nation a unique interdisciplinary research centre devoted to Bay focused teaching, research, and capacity building. Additionally, scholars from many countries and academic streams are already participating in CBS’s first certificate programme on the Bay.
- Inter-governmental cooperation: It is essential that nautical neighbours develop a partnership and cooperate because of the maritime domain’s interrelated and interdependent nature, transnational character, and cross-jurisdictional engagement of various governments and diverse organisations and enterprises.
- Maritime connectivity: A few concerns that need immediate attention include expanding cooperation in maritime safety and security, enhancing cooperation on maritime connectivity and the ease of maritime transit, and boosting investment possibilities in the maritime connectivity sector.
- Illegal activities: The latter subject involves addressing non-traditional threats and fostering group efforts to reduce illicit, unreported, and unregulated fishing.
- Data sharing: Standardising and harmonising data reporting.
- Balanced approach: Furthermore regional marine entities should strive to balance opportunities and goals on a national, regional, and international scale.
- Investment in R&D: Littoral governments need to support and promote skill-building, research, and training.
Conclusion
- Countries in the Bay of Bengal need to mobilise investments, manage maritime affairs more effectively. Alternative lifestyle should be explored. The cooperation of all member states, for information gathering, sharing and result oriented actions is crucial in protecting the ecology of Bay of Bengal.
Mains Question
Q.Countries in the Indian subcontinent are developing rapidly, putting serious stress on the environment of the Bay of Bengal.Mention the challenges and suggest solutions.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Transboundary Rivers
Mains level: Disaster Management
Context
- Pakistan experiencing devastation, with a spread of diseases and severe shortage of potable water after intense flooding. In June this year Assam experienced one of its worst floods in which it affected over 30 districts. Assam and Bihar frequently suffer from transboundary flood disasters.
- Floods that are originate in upper riparian state crosses the international boundary and also affects the lower riparian state. For example, river Brahmaputra causes flood both in China and India simultaneously.
How the transboundary floods are difficult to manage than normal floods?
- Flooding is still considered to be a natural phenomenon that cannot be entirely prevented. But it is compounded by the lack of transparency in the sharing of hydrological information and also information relating to activities (such as by one riparian state) that are transboundary in their effect (affecting other riparian states), thus serving as an obstacle in understanding the magnitude of flooding.
What is a riparian state?
- A riparian state is state (or country) located alongside a river.
What are the International laws governing transboundary waters?
There are at two international treaties that governs the transboundary water
- UNWC:
- United Nations Convention on the Law of the Non-Navigational Use of International Watercourses (UNWC) 1997.UNWC contains a direct reference to floods, which covers harmful conditions and the emergency situations.
- Article 27 of the Convention says, Watercourse States shall individually and, where appropriate, jointly, take all appropriate measures to prevent or mitigate conditions that may be harmful to other watercourse States, whether resulting from natural causes or human conduct or desertification.
- Environmental Impact Assessment:
- The International Court of Justice (ICJ), in the Pulp Mills on the River Uruguay (Argentina vs Uruguay) case of 2010, upheld that conducting a transboundary environmental impact assessment (TEIA) of a planned measure or projects on the shared water course is part of customary international law.
- In fact, the ICJ noted that the acting state must notify the affected party of the results of TEIA for assessment of its own damages that are likely to occur.
- UNECE: United Nations Economic Commission for Europe (UNECE) on the Protection and Use of Transboundary Watercourses and International Lakes 1992 (Water Convention).
How India manages transboundary flood?
- Note:Neither India nor China are signatory to UNWC or UNCEC.
- River Brahmaputra: India has signed the memorandum of understanding (MoU) with China in 2013 with a view to sharing hydrological information during the flood season (June to September). The MoU does not allow India access to urbanisation and deforestation activities on the Chinese side of the river basin.
- Rivers Gandak and kosi: Floods are also a recurrent problem in the Kosi and Gandak river basins that are shared by India and Nepal.
- The India-Nepal Kosi agreement 1954: Agreement aimed at reducing devastating flooding in the river basin. The treaty-based joint bodies have also tried to refine the early warning systems for flood forecasting.
What are the suggestions?
- Signing the treaty: Expert suggests, India by becoming a party to either the UNWC and the Water Convention could lay the groundwork for a bilateral treaty on the Brahmaputra but subject to the reservation that it should not insist on the insertion of a dispute settlement mechanism provision.
- Information exchange: In contravention of procedural customary international law obligation, India considers data on transboundary rivers as classified information, which is one of the key challenges in developing cross-border flood warning systems. India needs to share the hydrological and river information for its own sake.
Conclusion
- Climate change has accelerated the frequency and intensity of floods across the world. with Changing climate India should also change its strategy to protect its people, to preserve the soil and to save its resources from the scourge of floods.
Mains Questions
Q.Climate change has created a more difficult challenge in flood management. In this context, what measures can be taken to deal with frequent transboundary floods in India. Discuss.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: UAPA
Mains level: Terror financing and money laundering
The Union Home Ministry has declared the Popular Front of India (PFI) and its front organizations as an “unlawful association” under the Unlawful Activities (Prevention) Act (UAPA).
PFI under the Unlawful (Activities) Prevention Act (UAPA)
- The UAPA is aimed at the effective prevention of unlawful activity associations in India.
- Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India
- It is an upgrade on the Terrorist and Disruptive Activities (Prevention) Act TADA, which was allowed to lapse in 1995 and the Prevention of Terrorism Act (POTA) was repealed in 2004.
- It was originally passed in 1967 under the then Congress government led by former Prime Minister Indira Gandhi.
- Till 2004, “unlawful” activities referred to actions related to secession and cession of territory. Following the 2004 amendment, “terrorist act” was added to the list of offences.
What are Unlawful Activities and Associations?
- The UAPA lays down the definitions and rules for designating an organization as an “unlawful association” if it is engaged in certain types of activities.
- Under Section 3 of the UAPA Act, the government has powers to declare an association “unlawful”.
- The government can then issue a notification designating such an organization as a terrorist organization if it believes that the organization is part of “terrorist activities.”
(1) Unlawful Activites
- Under section 2(o) of the UAPA, an unlawful activity in relation to an individual or association means – Any action taken by such an individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise), –
- Works for the Cession of a part of the territory of India or the secession of a part of the territory of India from the Union
- Disclaims, questions, disrupts or is intended to Disrupt the sovereignty and territorial integrity of India; or
- which causes or is intended to cause Disaffection against India;
- Related and ancillary acts, including financing, support or promotion of any such activities are also “unlawful activity”.
(2) Unlawful Association
The UAPA also defines an “Unlawful Association” under section 2(p) as meaning any association,–
- which has for its object any unlawful activity, or which encourages or aids persons to undertake any unlawful activity, or of which the members undertake such activity or
- which encourages or aids persons to undertake any such activity, or of which the members undertake any such activity
Reading the ban on PFI
- At present, the MHA notification published has said that the PFI and its affiliated organisations are being notified as “Unlawful Associations” with immediate effect.
- The charges against PFI are-
- Pursuing a secret agenda to radicalize a particular section of society
- Working towards undermining the concept of democracy and
- Showing sheer disrespect towards the constitutional authority and constitutional set up of the country
- Gathering funds and ideological support from outside the country
- Money laundering
Immediate trigger for PFI’s ban
- The PFI is accused of engaging in violent and barbaric acts.
- Criminal violent acts carried out by PFI include chopping off the limb of a college professor, cold-blooded killings of persons associated with organisations espousing other faiths.
- It has been allegedly involved in obtaining explosives to target prominent people and places and destruction of public property.
What does the ‘ban’ mean?
- The notification means that the membership of, support or financing to the PFI and the allied banned organizations, is now ILLEGAL.
- Any person who is a member of these organisations can face arrest, and joining membership of these organisations is a criminal offence.
- The government can also seize the properties, bank accounts and offices connected to these organisations.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: PMGKAY
Mains level: Schemes related to food security
The Union government has extended the Pradhan Mantri Garib Kalyan Anna Yojana (PMGKAY) for another three months from October 1.
What is PMGKAY?
- PMGKAY is a food security welfare scheme announced by the GoI in March 2020, during the COVID-19 pandemic in India.
- The program is operated by the Department of Food and Public Distribution under the Ministry of Consumer Affairs, Food and Public Distribution.
- The scale of this welfare scheme makes it the largest food security program in the world.
Targets of the scheme
- To feed the poorest citizens of India by providing grain through the Public Distribution System to all the priority households (ration card holders and those identified by the Antyodaya Anna Yojana scheme).
- PMGKAY provides 5 kg of rice or wheat (according to regional dietary preferences) per person/month and 1 kg of dal to each family holding a ration card.
At what rate are food grains provided under the NFSA?
- NFSA beneficiaries are entitled to receive foodgrains at highly subsidised rates.
- Under the food law, rice is provided at Rs 3 per kg, wheat at Rs 2 per kg, and coarse grains at Re 1 per kg.
Why was such a scheme needed?
- The devastation by pandemic has increased manifold in the second wave resulting into localized restrictions and lockdowns from the States.
- This resulted in massive jobs losses in urban areas since the largest employers being construction and hospitality sectors have been completely shut down.
- The virus penetrated deeper in the countryside in rural areas halting almost every sources of livelihood.
- These areas are such where 60% of the income was earned from non-pharm activities. This resulted in livelihood losses of large section of population.
Success of the scheme
- It was the first step by the government when pandemic affected India.
- The scheme reached its targeted population feeding almost 80Cr people.
- It has proven to be more of a safety net to migrant people who had job and livelihood losses.
- This has also ensured nutrition security to children of the migrant workers.
Failures
- The scheme has been affected by widespread corruption, leakages and failure to distribute grain to the intended recipients.
- Several of the states above have claimed that the ineffective distribution has been caused by the beneficiaries, especially migrant workers, not being available to receive their rations.
- Out of the 79.25 crore beneficiaries under the National Food Security Act (NFSA), only 55 crore have so far received their 5 kg.
- However, almost 90% of beneficiaries have received their regular subsidized grain for the month, raising questions over why the free grain has reached fewer beneficiaries.
- Many people were denied their share due to inability to access ration cards.
- Livelihood losses led to decline in aggregate demand and resulted into lowest ever consumption expenditure by the people owing to scarcity of cash.
- This in turn led to selling of the free grains obtained in the local markets for cash.
Way forward
- There should be an all-encompassing database for migrant workers and their family. This should accurately capture the data on migration.
- The One Nation One Ration Card should be implemented in true spirit by all the states.
- Along with food security, there should be a sustainable income support through schemes like MGNREGS accompanied by free vaccines in nearest future.
- The leakages in PDS should be minimized through modernize PDS.
- To avoid leakages, there should be food-token system.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Forex reserves, BoP
Mains level: Read the attached story
India’s depleted foreign exchange reserves are likely to drop further, falling to their lowest level in more than two years by end-2022.
Forex to dip
- In a battle that has so far failed to staunch the rupee’s fall to a record low against the greenback, the RBI has drawn down its foreign exchange reserves by close to $100 billion, to $545 billion.
- Those reserves are forecast to fall another $23 billion to $523 billion by the end of this year.
What is Foreign Exchange (Forex) Reserve?
- Foreign exchange reserves are important assets held by the central bank in foreign currencies as reserves.
- They are commonly used to support the exchange rate and set monetary policy.
- In India’s case, foreign reserves include Gold, Dollars, and the IMF’s quota for Special Drawing Rights.
- Most of the reserves are usually held in US dollars, given the currency’s importance in the international financial and trading system.
- Some central banks keep reserves in Euros, British pounds, Japanese yen, or Chinese yuan, in addition to their US dollar reserves.
India’s forex reserves cover:
- Foreign Currency Assets (FCAs)
- Special Drawing Rights (SDRs)
- Gold Reserves
- Reserve position with the International Monetary Fund (IMF)
Countries with the highest foreign reserves
Currently, China has the largest reserves followed by Japan and Switzerland. India has overtaken Russia to become the fourth largest country with foreign exchange reserves. (Data from August 2022)
- China – $3,349 Billion
- Japan – $1,376 Billion
- Switzerland – $1,074 Billion
- India – $612.73 Billion
- Russia – $597.40 Billion
Why are these reserves so important?
- All international transactions are settled in US dollars and, therefore, required to support India’s imports.
- More importantly, they need to maintain support and confidence for central bank action, whether monetary policy action or any exchange rate intervention to support the domestic currency.
- It also helps to limit any vulnerability due to sudden disturbances in foreign capital flows, which may arise during a crisis.
- Holding liquid foreign currency provides a cushion against such effects and provides confidence that there will still be enough foreign exchange to help the country with crucial imports in case of external shocks.
Initiatives taken by the government to increase forex
- To increase the foreign exchange reserves, the Government of India has taken many initiatives like AatmaNirbhar Bharat, in which India has to be made a self-reliant nation so that India does not have to import things that India can produce.
- Other than AatmaNirbhar Bharat, the government has started schemes like Duty Exemption Scheme, Remission of Duty or Taxes on Export Product (RoDTEP), Nirvik (Niryat Rin Vikas Yojana) scheme, etc.
- Apart from these schemes, India is one of the top countries that attracted the highest amount of Foreign Direct Investment, thereby improving India’s foreign exchange reserves.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Ranipur Tiger Reserve
Mains level: Not Much
The UP cabinet approved the notification of Ranipur Tiger Reserve under Section 38(v) of the Wild life (Protection) Act of 1972.
About Ranipur WS
- Ranipur WS, was founded in 1977, is one of the attractions of Chitrakoot district in Uttar Pradesh.
- It is spread over 230 sq.km and is noted for its diverse wildlife, but is not very frequently visited by tourists because of the difficult access.
- The Ranipur TR has tropical dry deciduous forests and is home to fauna such as tigers, leopards, sloth bears, spotted deer, sambhar, chinkara and a number of birds and reptiles, the statement added.
- The Ranipur TR will be the fourth in UP, after Dudhwa, Pilibhit and Amangarh (buffer of Corbett Tiger Reserve).
- It will also be the first in the state’s portion of the Bundelkhand region, which it shares with neighbouring Madhya Pradesh.
Why make it a tiger reserve?
- RWS has no tigers of its own.
- But pugmarks of the animals are frequently seen there as tigers from nearby Panna frequent it.
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Why