Note4Students
From UPSC perspective, the following things are important :
Prelims level: Electric vehicles
Mains level: Electric vehicle Supply chain market and india's position
Context
- The start of COP27 in Egypt has renewed the world’s focus on climate change. Electric vehicles (EVs) are key in the global quest to decarbonizing. In India, which also faces serious air pollution issues, the transition to EVs is critical. However, there is a China-size risk in the supply chain for electric vehicles. The recent saber-rattling across the Taiwan Straits ought to be a warning for the world. Given India’s troubled relationship with China, the risk may be even more acute.
What are Electrical vehicles (EV’s)?
- Electric vehicles (EV) are a part of the new normal as the global transportation sector undergoes a paradigm shift, with a clear preference towards cleaner and greener vehicles.
- The electric vehicle is a vehicle that runs on electricity alone. Such a vehicle does not contain an internal combustion engine like the other conventional vehicles. Instead, it employs an electric motor to run the wheels.
The global status of EVs production and supply chain.
- 50% of global EV’s production comes from China: EVs themselves, China has a share of around 50 per cent in global production.
- 25% from Europe: Europe is a distant and stands at second position with 25 per cent.
- 10% from US: Surprisingly, the US is a small player in the EV supply chain, producing only 10 per cent of vehicles and containing just 7 per cent of battery production capacity.
- India’s position is still not noteworthy: India does not feature as a player of note.
What makes China a dominant player in EVs supply chain?
- Every part of EV concentrated in China: According to a recent report by the International Energy Association, every part of the EV supply chain is highly concentrated, mostly in China.
- High global mining output of Key minerals, specifically graphite: The first stage of the supply chain is the key minerals required for batteries, namely lithium, nickel, cobalt and graphite, In graphite, China has an 80 per cent share of global mining output.
- Chinese control over Politically unstable DRC’ Mines of cobalt: In Cobalt, the politically highly unstable Democratic Republic of Congo mines two-thirds of the global supply and Chinese companies control a big share of that country’s mining.
- China dominates the processing of ore/minerals: Globally, over 60 per cent of lithium processing, over 70 per cent of cobalt processing, 80 per cent of graphite processing and about 40 per cent of nickel processing takes place in China.
- China’s heavy production of cell components: Other than Japan and south korea, China produces two-thirds of global anodes and three-fourths of cathodes.
- Same case with the battery cells: China has a 70 per cent share in the production of battery cells.
The status of Governmental spending’s of energy transition
- China the biggest spender on energy transition: According to a report by Bloomberg’s New Energy Fund (NEF), in 2021, out of a total global spend of $750 billion in climate-related investments (90 per cent of which went into renewable energy and electric transport), China alone spent $266 billion.
- US stands at second: The US was a distant second with $114 billion. The major countries of Europe combined would equal the US. In Europe, about 75-80 per cent of the spending is on EVs, which is why it leads the US in this sector.
- India holds 7th rank but needs a focused approach: India was in 7th place not a bad rank to occupy with $14 billion invested. However, almost 40 per cent of Chinese and US spending was on EVs, while more than 95 per cent of India’s spending is on renewable energy. In India, despite intent, EVs have not received sufficient investment.
- Accelerating the mechanism of acquiring overseas mines of critical minerals: A recently formed government venture, KABIL, which is a JV between three minerals and metals PSUs, is tasked with the job of identifying and acquiring overseas mines
- Liberalizing the domestic exploration policies: An alternate option is to liberalize exploration policies domestically, benchmark them with global best practices and invite global investors to find and mine in India.
- Stitching up the supply alliances: It is important to stitch up supply alliances with countries ex-China, as has been done with Australia. At higher ends of the value chain, from battery cells onwards, there is a need to invest much more in R&D.
- Making vibrant start up ecosystem and public private partnership: A public-private partnership is vital. The vibrant startup ecosystem must be leveraged because it is more likely to be innovative than legacy firms.
Do you know The Khanij Bidesh India Limited (KABIL)?
- A joint venture company namely Khanij Bidesh India Ltd. (KABIL) set up with the participation of three Central Public Sector Enterprises namely, National aluminium Company Ltd.(NALCO), Hindustan Copper Ltd.(HCL) and Mineral Exploration Company Ltd. (MECL).
- The objective of constituting KABIL is to ensure a consistent supply of critical and strategic minerals to Indian domestic market. While KABIL would ensure mineral security of the Nation, it would also help in realizing the overall objective of import substitution
Conclusion
- The dragon has showed its evil side during the pandemic. China is weaponizing the trade to counter its adversaries. Excessive reliance on China for critical mineral resources is like falling into China’s trap. India and world need to restrain China to have monopoly over Electric Vehicle market.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Controversy over the EWS reservation verdict
Context
- Shortly after the Supreme Court on Monday, 7 November, upheld the validity of the 103rd Constitutional Amendment Act, which introduced 10 percent reservations for Economically Weaker Sections (EWS) in government jobs and educational institutions, Tamil Nadu’s DMK termed the split verdict a ‘setback’ to a century-old fight for social justice.
What is the idea of reservation?
- Based on historical injustice: Reservation is intrinsically linked to the historical injustice meted out to Shudras and Dalits.
- Reservation for egalitarian society: It was during the anti-caste movement that the idea of reservation came up as a way for an egalitarian social order, to ensure fair representation in the socio-political order, and to mitigate and compensate for the inhuman exclusion of humans based on ascriptive status.
- Equal participation in nation building: Reservation is implemented in politics, education and public employment so that all those in the hierarchy can participate in nation-building on equal terms.
- Reservation is not a poverty alleviation: R. Ambedkar and E.V. Ramasamy ‘Periyar’ spoke about reservation as a means of providing representation; not as a poverty alleviation programme.
- Historical benefits to upper caste: Merit is often the mantra used against the idea and implementation of reservation. Historically, Brahmins had the monopoly in offering sacrifice, receiving gifts, becoming priests, spiritual mentorship, and teaching.
- Monopoly over resources: Vaishyas had the monopoly in wealth-generating professions. These monopolies were rooted in, and buttressed by, the authority of scriptures like the Manusmriti and treatises like the Arthasashtra.
- Monopoly over the education: The top three Varnas had access to learning. In the colonial era, under the progressive pressures of modernization and democratization, the traditional monopolies based on caste order were diffused into the secular domains of bureaucracy, legal practice, professorship, etc.
- Upper caste reservation in certain professions: Leaders professing equality, such as Jyotirao Phule, Periyar and Ambedkar, wanted to annihilate the arbitrary reservation for certain professions, being implemented based on fanciful mythical stories.
- Democratization of employment and education: Essentially, the mission was to ‘de-reserve’ education and employment opportunities from a handful of castes to make them available to the remaining castes which were aspiring to be a part of the newly independent nation.
- Idea of Merit to oppose the reservation: The merit mantra was very effective at stopping, or at least stalling, the ‘de-reservation’ process. But when the bill for EWS reservation was passed hastily in Parliament in 2019, there was no concern for merit.
How categorization of poor under EWS is unfair?
- The bar of 8 Lakh is absurd: Individuals from upper caste communities who earn up to ₹8 lakh a year and may own a 1,000-square feet home are being called economically weak.
- Poverty estimation: In India, more than 30 crore citizens have been classified as being below the poverty line (spending less than ₹32 a day in urban areas and under ₹27 a day in rural areas).
- Lower caste forms the majority of Poor: Data from India (overall) as well as individual States show that Scheduled Castes (SCs) and Other Backward Classes (OBCs) have a higher share of poor people than upper castes in both urban and rural India.
- Different income criteria for different community: We now live in a country where a household earning more than ₹75 per day is considered above the poverty line, while an upper caste household earning ₹2,222 a day is considered economically weak. According to the Department of Revenue data, households earning more than ₹10 lakh constitute less than 1% of India’s population.
Credibility of Data for EWS reservation was never questioned
- Mandal commission data was critically analyzed: In the 1990s, renowned scholars from privileged communities viciously attacked the Mandal Commission claiming that it lacked credible data. In fact, the Mandal Commission report was based on official data curated from the Censuses of 1891 and 1931.
- No credible data for EWS reservation: Further, B.P. Mandal formulated his concept of ‘backwardness’ by factoring in the social, educational and economic dimensions of different caste communities. But now, neither justification nor credible data has been presented while arguing that 10% reservation must be provided for the upper caste poor.
- EWS reservation is equating the unequal’s: The Mandal Commission report said, “To equate unequal’s is to perpetuate inequality”. By giving the go-ahead for the EWS quota, Supreme Court has equated unequal’s in the category of affirmative action.
- More privilege to already privileged community: The EWS quota is unfair because it twists the idea of social justice by bequeathing further privilege to communities who are historically situated to benefit from the oppressive caste system.
Other criticism of EWS reservation?
- SC/ST and OBC are outside the EWS reservation: A Dalit or an OBC who does not get a job within this quota still belongs to the EWS, but he is excluded. That is the Constitutional issue, which you have to answer. How have you excluded them, how have you excluded the poor, how have you excluded those who earn only 20,000 a month who do not get jobs amongst the Dalits?
- Disturbing the basic structure: The government of tinkering with the “basic structure” of the Constitution.
- Ultimate goal is removal of reservation: Government basically testing the waters and this will pave the way for the removal of caste-based reservation.
- Opening the lid for further reservation: There is demand that government should raise the existing reservation cap for SC, OBC and minorities in line with their proportion in the population now since a decision has been taken to break the 50 per cent ceiling set by the top court.
Conclusion
- It is true that historically reservation is based social inequalities. Despite having the good credentials and marks upper caste or open categories were denied jobs. Justice to upper castes is not the injustice to lower castes. This is against the principal of natural justice. However exclusion of SC/ST and OBC from EWS category is certainly a matter of debate.
Mains Question
Q. What is the Ambedkar’s idea of reservation? Critically analyze the EWS reservation upheld by supreme court.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Issues related to Police governance
Context
- The Ministry of Home Affairs (MHA) convened a conference in late October in the capital, which saw the participation of the union home minister, a few States Home Ministers and police chiefs. The Delhi conference was a very important occasion aimed at improving the quality of policing in the country through an exchange of ideas.
Sardar Patel’s vision of Police
- Training and Professionalism: He placed great value on professional policing, one reason why he insisted on an elitist and well-trained corps such as the Indian Police Service (IPS) which worked alongside the Indian Administrative Service (IAS).
- Didn’t abandon the civil services: He was under immense pressure from various quarters, to disband both the Indian Civil Service and IPS, but as a distinguished and astute visionary, he was steadfast in his belief.
- Nationally accepted standards: Subsequent events proved him right. Despite all their faults, the two all-India services have been a cementing force and have greatly contributed to establishing nationally accepted standards of governance, especially in the area of law and order.
What is the Present status of Policing in India?
- A case study of Tamil Nadu: The way the Tamil Nadu police have handled the case of a blast in Coimbatore that happened recently, and a possible terror-related plot, also fits in this scene and is relevant to the state of law and order in the State and elsewhere.
- Delay in serious cases: There is a section of influential public opinion which has accused the Tamil Nadu government of having been slothful and delayed handing over investigation of the incident to the National Investigation Agency (NIA). This has been rebutted by the State Director General of Police (DGP) who said that his force could not abruptly abandon the investigation and had to do the preliminary investigation to facilitate an NIA take-over.
- Shifting the responsibility: The exchange of barbs by the two sides has been an unfortunate and avoidable development and the truth lies in between. Rather than getting into a slanging match, what is more important is an examination of the standard operating procedures in place, the identification of lacunae and the initiation of corrective measures.
- West Bengal case: Conflict between the Ministry of Home affairs and State over utilizing talent in the IPS and the sharing of resources available in the States.
- Collaborative approach: It is a no-brainer that, New Delhi is the senior partner in what is definitely a collaborative relationship. But there have been actions over the decades that have inflicted many deep wounds on public order.
- Forge a strong camaraderie: These have been situations that have demanded large numbers of well-trained policemen. The Centre has always chipped in with support from the Central Reserve Police Force (CRPF). There have also been other outfits such as the Border Security Force (BSF), the Indo Tibetan Border Police (ITBP) and the Central Industrial Security Force (CISF) which have also worked in tandem with the State Police. Therefore, it makes sense that the MHA and State Police stop squabbling but explore how best to forge a strong camaraderie.
- State must cooperate with Centre: We are also witness to frequent spats between States and the Centre over the use or alleged misuse of the Central Bureau of Investigation (CBI). Here again both parties have to share the blame. But the basic point that has been ignored is that crime and bureaucratic corruption have inter-State ramifications and only a national agency can bring in a much-needed and wide perspective.
- CBI is inevitable for corruption at state level: Insensitive action by a few States to withdraw consent to the CBI to function in a state smack of politics and vindictiveness, which diminishes the fight against public servant graft.
How union government can improve the Policing?
- Training and technology: ‘Police’ are a state subject under the distribution of powers laid down in the Constitution of India. But that does not mean the Union government has no say in the matter. Training and technology are two areas where the Centre does greatly contribute to sharpening police ability to combat terrorism and other major public disturbances.
- The Sardar Vallabhbhai Patel National Police Academy: in Hyderabad is a world-class institution that has resources and the professional excellence which are generously available to State police forces.
- Strong political leadership: Petty squabbling reduces the exchange of ideas and goes to attenuating the police response to difficult situations that require police assistance. This is why we need a political leadership that does not get bogged down in petty differences but promotes a free exchange of talent and resources between New Delhi and the States.
Conclusion
- With exponential rise if technology nature of crimes has significantly changed. We must impart a modern training with professionalism to our Police. Police subject need to delink from Centre-state politics.
Mains Question
Q. Analyze the state of Police governance in India? What reforms are needed for modern policing in India? How Centre-state can collaborate for better police governance?
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: GMO, GM crops, Advantages and Disadvantages.
Mains level: GM mustard debate
Context
- As soon as the government took the decision to release India’s first genetically-modified (GM) food crop Dhara Mustard Hybrid-11 (DMH-11) for “environment release”, some activists approached the Supreme Court to ban it for various reasons. The Supreme Court has ordered the status quo to be maintained till the next hearing on the matter on November 17.
What are Genetically modified organisms (GMO)?
- Changes in genetic material: GMOs can be defined as organisms (i.e., plants, animals or microorganisms) in which the genetic material (DNA) has been altered in a way that does not occur naturally by mating and/or natural recombination
- Transfers of genes: It allows selected individual genes to be transferred from one organism into another, also between nonrelated species.
- GM foods: Foods produced from or using GM organisms are often referred to as GM foods
What is the ironic case of opposition to the GM crops?
- Opposition to GM is not new: The opposition to GM food crops is not new. There has been a global campaign in this regard by many activists. GM crops have spread around the world since 1996.
- of countries accepted the use of GM crops: More than 70 countries have accepted the use of GM crops. For instance, by 2019, roughly 190 million hectares were under GM crops, led by corn and soyabean in the US, Brazil, Argentina, and canola (rapeseed/mustard) in Canada, even Bangladesh has marched ahead with Bt brinjal.
- No concrete evidence of harmful impact: There is ample evidence in support of that with no harmful impact on human or animal health or the environment per se.
India’s journey towards GM crops, specifically “Bt cotton”
- First GM crop released under Vajpayee government with the slogan of Jai Vigyan:
- Atal Bihar Vajpayee envisioned that science could transform agriculture
- India had its first GM crop, Bt cotton, released in 2002 by the Vajpayee government. He extended the original slogan of “jai jawan, jai kisan” (salutation to the soldier and the farmer), given by Lal Bahadur Shastri, to include “jai vigyan” (salutation to science).
- The case of Historic success of Bt cotton:
- Cotton production Increased: With the Bt cotton, Cotton production increased remarkably from a mere 13.6 million bales (1 bale = 170 kg) in 2002-03 to 39.8 million bales in 2013-14. Registered an increase of 192 per cent in just 12 years, ushering the famous “gene revolution”.
- Area under Cotton cultivation expanded: The area under cotton cultivation expanded by 56 per cent, of which about 95 per cent is under Bt cotton.
- Cotton productivity per hectare increased significantly: Cotton productivity increased from 302 kg per hectare in 2002-03 to 566 kg per hectare in 2013-14, an increase of 76 per cent,
- More productivity more income to farmers lead to increase in agri- GDP: The gains to cotton farmers whose incomes increased significantly. For instance, Bt cotton led Gujarat’s “agrarian miracle” of very high (above 8 per cent) annual growth rate in agri-GDP during 2002-03 to 2013-14.
- Revived the glory to The Indian cotton in the world market: It made India the second-largest producer after China, and the second-largest exporter after the US, of cotton in the world today.
What are the concerns associated with the cultivation of GM crops?
- Emergence of Increased pest resistance: Enhanced sucking pest damage in Bt cotton; increase in secondary pests such as mired bugs and Spodoptera; and the emergence of pest resistance.
- Impact on environment of human health: Environmental and health implications in terms of toxicity and allergenicity that can cause hematotoxin reactions in the human body.
- Fear of increased mono cropping: Farmers’ exposure to a greater risk of monopoly in the seed business.
What is the controversy and debate associated with GM Mustard?
- Debate on advantages and impacts: There is a raging debate going on advantages and disadvantages of GMOs. For a long time, further study was requested by farmers, environmentalist on GMO crops.
- Denial goes against the principle of basic rights of farmers: By not allowing GM mustard or for that matter even Bt brinjal for so long, one is denying the basic rights of farmers who want to increase their incomes.
- Allow with the sustainable practice with the use of science and technology: The best way to do so is by raising productivity in a sustainable manner. The field trials of GM mustard at different locations showed 25-28 per cent higher yield and better disease resistance compared to indigenous varieties. This can go a long way in augmenting domestic mustard oil supplies and farmers’ incomes.
- Unnecessary debate after the approval by the scientific body: Dissent is a good sign in any democratic society and forms an essential part of checks and balances. But once the safety tests are done and the scientific body (GEAC) has given the green signal, what is needed is political leadership to keep the decision-making science-based.
- India’s heavy dependence on Imported edible oils: India heavily depends on imported edible oils (55-60 per cent of India’s domestic requirement is imported). A large portion of this about three-four million tonnes every year comes from Argentina, Brazil, Canada, the US, etc, which is all from GM technology (in soybean and canola).
- Import and GM crops are already in our food chain: We eat plenty of our own cotton seed (binola) oil, and about 95 per cent of our cotton is now GM. Cotton seed is also fed to cattle which gives the milk its fat content. Even poultry feed, such as soya and corn, is being imported. So, one thing is clear GM food is already in our food chain, and has been there for quite some time.
- A chance to emerge as a major export hub: It was expected that India would be at the forefront of the gene revolution and emerge as a major export hub to other Asian and African countries. What the IT revolution has done in computer science, the Bt revolution could have done in agriculture.
Conclusion
- The agriculture of tomorrow is going to be science-based, and the winners will be those who adopt it and develop it further today. Innovation is the name of the game, and “Jai Anusandhan” is a good slogan given by PM Modi. But it will have meaning only when the government goes ahead with not just GM mustard but also fast-tracks Ht Bt cotton, Bt brinjal, and even GM soya and corn.
Mains Question
Q. What are GM crops? With policy paralysis in the case of GM mustard, India may not be able to keep pace with the success of Bt cotton. Critically analyse.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NMFT conference, FATF
Mains level: India's efforts to curb global terror financing
The Ministry of Home Affairs will be organising the Third Ministerial ‘No Money for Terror’ Conference next week where participants from around 75 countries are expected to attend.
‘No Money for Terror’ Conference
- The conference that was first held In Paris in 2018, followed by Melbourne in 2019.
- It will be held in Delhi after gap of two years due to the travel restrictions imposed due to the COVID-19 pandemic.
Objectives of the event
- India’s efforts: The event conveys India’s determination in its fight against terrorism as well as its support systems for achieving success against it.
- Global cooperation: It also intends to include discussions on technical, legal, regulatory and cooperation aspects of all facets of terrorism financing.
- Compliance mechanism: The involvement of a compliant State often exacerbates terrorism, especially its financing.
What is Terror Financing?
- Terrorist financing encompasses the means and methods used by terrorist organizations to finance their activities.
- This money can come from legitimate sources, for example from profits from businesses and charitable organizations.
- But terrorist groups can also get their financing from illegal activities such as trafficking in weapons, drugs or people, or kidnapping for ransom.
- Nations like Pakistan has stated policy of supporting cross-border terrorism in India through global fundings.
Why need consensus over terror-finance prevention?
- Globally, countries have been affected by terrorism and militancy for several years and the pattern of violence differs in most theatres.
- It is largely impacted by tumultuous geo-political environment, coupled with prolonged armed sectarian conflicts.
- Such conflicts often lead to poor governance, political instability, economic deprivation and large ungoverned spaces.
Other mechanisms to curb terror financing: FATF
- FATF is an intergovernmental organization founded in 1989 on the initiative of the G7 to develop policies to combat money laundering.
- It makes recommendations for combating financial crime, reviews members’ policies and procedures, and seeks to increase acceptance of anti-money laundering regulations across the globe.
What hinders the global consensus?
- No definition of terrorism: There is no universal agreement over what constitutes terrorism. This weakens efforts to formulate a concerted global response.
- Non-enforcement: Multilateral action suffers from inadequate compliance and enforcement of existing instruments.
- No global watchdog: Counter-terrorism regime lacks a central global body dedicated to terrorist prevention and response.
Way forward
- No country if safe if terrorism persists anywhere across the world.
- The world must resolve to make the international financial system entirely hostile to terrorist financing.
- Concerted efforts and a comprehensive approach should be adopted to counter terrorism under the UN auspices on a firm international legal basis.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Free speech vs. Hate speech
Former Supreme Court Judge Rohinton Fali Nariman has said civil suits against hate speech leading to the award of punitive damages should be taken up by courts.
What did the ex-Judge say?
- He described the Fundamental Duty of fraternity (Article 51A(5)) as the only Constitutional method of assuring the dignity of every citizen and the unity and integrity of the nation.
- The cardinal principle of fraternity prescribed that every citizen honoured the other citizen in the spirit of brotherhood, transcending religious, sectarian, and other tendencies.
- He opined that civil suits like defamation being dealt with fines would be more efficient in curbing hate speeches against individuals.
Article 51A(5): Promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women.
What is ‘Hate Speech?
- There is no specific legal definition of ‘hate speech’.
- The Law Commission of India, in its 267th Report, says: “Hate speech generally is an incitement to hatred primarily against a group of persons defined in terms of race, ethnicity, gender, sexual orientation, religious belief and the like …
- Thus, hate speech is any word written or spoken, signs, visible representations within the hearing or sight of a person with the intention to cause fear or alarm, or incitement to violence.”
- In general, hate speech is considered a limitation on free speech that seeks to prevent or bar speech that exposes a person or a group or section of society to hate, violence, ridicule or indignity.
How is it treated in Indian law?
- Provisions in law criminalize speeches, writings, actions, signs and representations that foment violence and spread disharmony between communities and groups and these are understood to refer to ‘hate speech’.
- Sections 153A and 505 of the Indian Penal Code are generally taken to be the main penal provisions that deal with inflammatory speeches and expressions that seek to punish ‘hate speech’.
[I] Section 153A:
- Promotion of enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony’, is an offence punishable with three years’ imprisonment.
[II] Section 505:
- 505(1): Statements conducing to public mischief– The statement, publication, report or rumour that is penalized under Section 505(1) should be one that promotes mutiny by the armed forces, or causes such fear or alarm that people are induced to commit an offence against the state or public tranquillity. This attracts a jail term of up to three years.
- 505(2): It is an offence to make statements creating or promoting enmity, hatred or ill-will between classes.
- 505(3): Same offence will attract up to a five-year jail term if it takes place in a place of worship, or in any assembly engaged in religious worship or religious ceremonies.
Why curb hate speeches?
- Creates social divide: Individuals believe in stereotypes that are ingrained in their minds and these stereotypes lead them to believe that a class or group of persons are inferior to them and as such cannot have the same rights as them.
- Threat to peaceful co-existence: The stubbornness to stick to a particular ideology without caring for the right to co-exist peacefully adds further fuel to the fire of hate speech.
Issues in regulating hate speech
- Powers to State: Almost every regulation of speech, no matter how well-intentioned, increases the power of the state.
- Hate speeches are Political: The issue is fundamentally political and we should not pretend that fine legal distinctions will solve the issue.
- Legal complications: An over-reliance on legal instruments to solve fundamental social and political problems often backfires.
Way forward
- Subjects like hate speeches become a complex issue to deal with, in a country like India which is very diverse, as it was very difficult to differentiate between free and hate speech.
- There are many factors that should be considered while restraining speeches like strong opinions, offensive comments towards certain communities, the effect on values like dignity, liberty and equality.
- We all have to work together and communicate efficiently for our country to be a healthy place to live in.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: 9th Schedule
Mains level: Immunity to the 9th schedule laws
The Jharkhand assembly on Friday cleared two bills, one fixing land records of 1932 as the basis for a domicile in the state and another to increase reservation in state government jobs across categories to 77%
What is the news?
- Though both these bills were cleared unanimously, they would come into effect only after the Centre includes them in the Ninth Schedule of the Constitution.
- A law in the Ninth Schedule is shielded from judicial review.
Why the need to include in Ninth Schedule?
- The 77 per cent reservation breaches the 50 per cent ceiling set by the Supreme Court in the landmark 1992 Indra Sawhney v Union of India verdict.
- However, placing legislation in the Ninth Schedule shields it from judicial scrutiny.
What is the Ninth Schedule?
- The Ninth Schedule contains a list of central and state laws which cannot be challenged in courts.
- Most of the laws protected under the Schedule concern agriculture/land issues.
- The Schedule became a part of the Constitution in 1951, when the document was amended for the first time.
- It was created by the new Article 31B, which along with 31A was brought in by the government to protect laws related to agrarian reform and for abolishing the Zamindari system.
- While A. 31A extends protection to ‘classes’ of laws, A. 31B shields specific laws or enactments.
How many laws are there in ninth schedule?
- Currently, 284 such laws are shielded from judicial review.
- The First Amendment added 13 laws to the Schedule. Subsequent amendments in 1955, 1964, 1971, 1974, 1975, 1976, 1984, 1990, 1994, and 1999 have taken the number of protected laws to 284.
Previous instances — Tamil Nadu’s case
- A Tamil Nadu Law of 1993, reserves 69 per cent of the seats in colleges and jobs in the state government.
- When it ran into legal obstacles in the 1990s after the SC verdict, the then CM led a delegation to New Delhi to meet the then PM PV Narasimha Rao.
- The reservation provision was then included in the Ninth Schedule.
Nature of exemption from Judicial Review
- While the Ninth Schedule provides the law with a “safe harbour” from judicial review, the protection is not blanket.
- The Tamil Nadu law was challenged in 2007 in the I R Coelho v State of Tamil Nadu
- The Supreme Court ruled in a unanimous nine-judge verdict that while laws placed under Ninth Schedule cannot be challenged on the grounds of violation of fundamental rights.
- They can be challenged on the ground of violating the basic structure of the Constitution, said the apex court.
Verdict of the IR Coelho Case
- The IR Coelho verdict said, “A law that abrogates or abridges rights guaranteed by Part III of the Constitution may violate the basic structure doctrine or it may not.
- If former is the consequence of law, whether by amendment of any Article of Part III or by an insertion in the Ninth Schedule, such law will have to be invalidated in exercise of judicial review power of the Court.”
What is the 1973 deadline about?
- The court clarified that the laws cannot escape the “basic structure” test if inserted into the Ninth Schedule after 1973.
- As it was in 1973 that the basic structure test was evolved in the Kesavananda Bharati case as the ultimate test to examine the constitutional validity of laws.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Eklavya Model School
Mains level: Not Much
A Parliamentary panel has refuted that 20,000 ST people, who make up at least 50% of the total population criteria is “impractical” to build new Eklavya Model Residential Schools (EMRS).
What are Eklavya Schools?
- EMRS started in the year 1997-98 to impart quality education to Scheduled Tribes (ST) children in remote areas in order.
- It aims to enable them to avail of opportunities in high and professional educational courses and get employment in various sectors.
- The schools focus not only on academic education but on the all-round development of the students.
- Each school has a capacity of 480 students, catering to students from Class VI to XII.
- Hitherto, grants were given for construction of schools and recurring expenses to the State Governments under Grants under Article 275 (1) of the Constitution.
- Eklavya schools are on par with Navodaya Vidyalaya and have special facilities for preserving local art and culture besides providing training in sports and skill development.
Features of Eklavya Schools
- Admission to these schools will be through selection/competition with suitable provision for preference to children belonging to Primitive Tribal Groups, first-generation students, etc.
- Sufficient land would be given by the State Government for the school, playgrounds, hostels, residential quarters, etc., free of cost.
- The number of seats for boys and girls will be equal.
- In these schools, education will be entirely free.
What is the population-based criteria?
- The Tribal Affairs Ministry plans to build EMRS on 15 acres of land in all sub-districts which have ST communities of more than 20,000 people, who make up at least 50% of their total population.
- Wherever density of ST population is higher in identified Sub-Districts (90% or more), it is proposed to set up Eklavya Model Day Boarding School (EMDBS) on an experimental basis.
Issues with this criteria
- There are difficulties in identifying and acquiring lands in several tribal districts.
- Especially in forested or hilly areas, a contiguous 15-acre plot is hard to find.
- This criterion would also deprive scattered ST populations of the benefit of the Eklavya schools.
- For most of the places for EMRSs, there is no land available inside the village or the block.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Sahel Region
Mains level: NA
French President Emmanuel Macron announced the end of the decade-long Operation Barkhane in Africa’s Sahel Region.
Note the nations falling in Sahel Region.
Sahel Region
- The Sahel is the ecoclimatic and biogeographic realm of transition in Africa between the Sahara to the north and the Sudanian savanna to the south.
- Having a semi-arid climate, it stretches across the south-central latitudes of Northern Africa between the Atlantic Ocean and the Red Sea.
- The name is derived from the Arabic term for “coast, shore”; this is explained as being used in a figurative sense in reference to the southern edge of the vast Sahara.
- The Sahel part includes from west to east parts of northern Senegal, southern Mauritania, central Mali, northern Burkina Faso, the extreme south of Algeria, Niger, the extreme north of Nigeria, the extreme north of Cameroon and the Central African Republic, central Chad, central and southern Sudan, the extreme north of South Sudan, Eritrea and the extreme north of Ethiopia.
What is Operation Barkhane?
- France began its military operations in Sahel in January 2013.
- Titled Operation Serval, it was limited to targeting Islamic extremists linked to al-Qaeda who took control of northern Mali.
- However, in 2014, the mission was scaled up, renamed Operation Barkhane and was aimed at counter-terrorism.
- The objective was to assist local armed forces to prevent the resurgence of non-state armed groups across the Sahel region.
- Around 4,500 French personnel were deployed with the local joint counter-terrorism force.
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