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Industrial Sector Updates – Industrial Policy, Ease of Doing Business, etc.

Principles of Financial Consumer Protection

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NA

Mains level: Financial Consumer Protection

Consumer Protection

Context

  • Earlier this year, the G20/OECD released a draft of the proposed revisions to their 2011 High-level Principles on Financial Consumer Protection. As India takes over G20 presidency in December, it must lead others by example and adopt the revised principles, especially since the global financial markets are headed for a stormy future.

What is Financial Consumer Protection (FCP)?

  • Financial consumer protection encompasses the laws, regulations, and institutional arrangements that safeguard consumers in the financial marketplace. It includes technical guidance, country reports, and tools for policymakers, regulators, development partners and other experts.

Background of Financial Consumer Protection

  • 10 thematic areas: The 2011 principles covered 10 thematic areas reflecting the market and consumer issues, including equitable and fair consumer treatment, disclosures and transparency, and financial education.
  • Two additional principles included: In October, the fourth finance ministers and central bank governors meeting endorsed these principles. In 2022, two additional principles were included access and inclusion and quality financial products.
  • Recommendation for intervention: The updated principles also recommend intervention by regulators in certain high-risk products, cultivating appropriate firm culture and using behavioral insights to better consumer outcomes.
  • These principles deal with three cross-cutting themes
  1. Financial well-being,
  2. Digitalization and
  3. Sustainable finance.

Financial well-being under Financial Consumer Protection

  • Individual financial well-being: OECD’s working definition of “individual financial well-being” refers to being in control, feeling secure and having freedom about one’s own current and future finances.
  • Easy disclosure to consumers: An effective FCP regime must ensure adequate and easy to understand disclosures to consumers. However, an information dump for mere compliance defeats this purpose, especially in India where financial literacy is not pervasive.
  • Risk profiling by service provider: Regulators such as SEBI prescribe certain financial service providers to assess customer suitability and undertake risk profiling before providing services.
  • India does not recognize this theme: At present, India does not recognise this concept. Going forward, faced with challenges like financial illiteracy and economic hardship, it may be worth considering.

Consumer Protection

Digitization under FCP

  • Increasing digital channels in financial domain: FCP must factor in the increasing number of digital channels consumers use to interact with financial products and services and the impact of greater use of artificial intelligence and other emerging technologies.
  • Guideline on digital lending by RBI: In September, the RBI released guidelines on digital lending, mandating entities providing digital lending services to have a grievance redress officer, assess a borrower’s creditworthiness before extending credit, and allow a borrower to exit without penalty.
  • Poor grievance redressal: Additionally, there are concerns regarding redress of grievances against payment service providers in the UPI ecosystem. With the rising number of UPI transactions and the largely unregulated status of cryptocurrencies, FCP will continue to be relevant.

Sustainable finance under FCP

  • Multi-dimensional approach: There is growing consumer demand for sustainable financial investments. Financial services providers are incorporating environmental, social and governance factors into their operations, products and services.
  • Transparency is must: FCP recommends improved transparency to help consumers make informed choices.
  • BRSR by SEBI: SEBI has transitioned from “business responsibility reporting” to “business responsibility and sustainability reporting” (BRSR) to promote responsible corporate governance vis-à-vis climate change.
  • Mandatory disclosure by BRSR: Eligible companies under BRSR must provide certain disclosures, including a sustainability performance report. This allows investors to make an informed decision. Similar disclosures must be introduced in other market segments.

Consumer Protection

Conclusion

  • The RBI’s financial inclusion index shows that an increasing number of people are entering financial markets. FCP is central to ensuring that they continue to stay. The current regulatory landscape is sectoral and fragmented, resulting in regulatory arbitrage, as witnessed in the case of digital gold. Regulators must take a coordinated approach to protect consumers.

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President’s Rule

Constituent Assembly Debate and Ideal Conduct of Governor

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Constitutional provisions

Mains level: Issues with the office of the Governor

Governor

Context

  • In recent years, there has been an erosion of constitutional provisions, constitutional morality, and constitutional ethos being witnessed among various constitutional bodies. The conduct of the Governors of some States has made a mockery of the Constitution and its limitations.

Governor

Constituent assembly debates about the Governor

  • Exercise of Power according to constitution: In 1949, Prof. K.T. Shah debating Article 130 (now Article 154) said: “the Constitution should make it imperative upon the Governor to use its power in accordance with the Constitution and the Law, that is to say, on the advice of his Ministers as provided for in the subsequent clauses and in other parts of the Constitution.”
  • Appointment of governor by president: It was hotly debated whether the Governor should be appointed by the President of India or should be elected. Fearing that this would create a parallel State leadership, the Assembly instead adopted appointment by the President.
  • Good governor and Bad Governor: G. Kher said: “a Governor can do a great deal of good if he is a good Governor and he can do a great deal of mischief, if he is a bad Governor, in spite of the very little power given to him under the Constitution”
  • Friendly intervention of the Governor: K. Sen said, “The question is whether by interfering, the Governor would be upholding the democratic idea or subverting it. It would really be a surrender of democracy. We have decided that the Governor should be a constitutional head. He would be the person really to lubricate the machinery and to see to it that all the wheels are going well by reason not of his interference, but his friendly intervention.”
  • Aid and advice of cabinet: R. Ambedkar said, according to the principles of the New Constitution, Governor is required to follow the advice of his ministry in all matters. Therefore, the real issue before the House is not nomination or election, but what powers you propose to give to your Governor.
  • Nomination of governor and not election: If the Governor is a purely constitutional Governor with no more powers than what we contemplate expressly to give him in the Act. I personally do not see any very fundamental objection to the principle of nomination.”

Governor

Constitutional Provision Regarding Governor

  • Article 153: Provides a Governor for each State, and by virtue of Article 154, the executive power of the State shall be vested in the Governor “Shall be exercised by him directly or through officers subordinate to him in accordance with this Constitution”.
  • Article 154(2)(a): Prohibits the Governor from exercising any function “conferred by existing law on any other Authority”.
  • Article 163: Categorically provides that “there shall be a council of ministers with the Chief Minister at the head to aid and advise the Governor… except in so far as he is by or under this Constitution required to exercise his function or any of them in his discretion”.

How governor ideally supposed to conduct his duty?

  • Shamsher Singh vs State of Punjab: The Supreme Court, in Shamsher Singh vs State of Punjab, decided on this issue in 1974: The Governor exercises “all his powers and functions” by making rules for the convenient transactions of the business of the government of the State in accordance with Article 166 of the Constitution. These are called Rules of Business.
  • Satisfaction of governor is satisfaction of cabinet: The Court however amplified that “wherever the constitution requires satisfaction of the President or the Governor for the exercise of any power or function by the President or the Governor, as the case may be, as for example in Articles 123, 213, 311(2) proviso (c), 317, 352(1), 356 and 360. The satisfaction required by the Constitution …. is the satisfaction of the President or of the Governor in the Constitutional sense under the Cabinet system of the Government”.
  • Use of discretion in harmony with council of ministers: The Court went on to hold that “the discretion conferred on the Governor means that as the Constitutional or the formal head of the State, the power is vested in him” and that it is only in the exercise of the power under Article 356 that the Governor will be justified in exercising his discretion even against the aid and advice of his council of ministers as per his discretionary power but, in all other matters where the Governor acts in his discretion, he will act in harmony with his Council of Ministers.
  • No parallel administration by governor: The Constitution does not aim at providing a parallel administration. The basic philosophy is that in a democracy, the elected Ministers must accept responsibility for every executive act and that the Council of Ministers alone represents a responsible form of government in the States.

Governor

Conclusion

  • Governor’s role is to assist the Chief minister of state and not creating the trouble for Chief Minister. Governor should not act in a manner that undermines the dignity of constitutional post of Governor. Governor must follow the constitutional morality while discharging his duty.

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Women empowerment issues – Jobs,Reservation and education

Political participation and representation of Women in India

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Women centric Social reforms

Mains level: Political representation of women In India

representation

Context

  • A truly representative democracy seeks adequate representation of women in politics. India is the largest and one of the most resilient parliamentary democracies in the world. Women’s representation in India’s Parliament has improved since independence. It is an important metric to evaluate progress in bridging gender inequalities in the country.

Background: Gender Inequality in Politics

  • Women historically been Politically marginalized: Women, who constitute almost one-half of the world’s population (49.58 percent), have historically been politically marginalized in both developed and developing nations.
  • Beginning of social reforms: From the mid-19thcentury onwards, however, social movements have succeeded in effecting widespread reforms.
  • UN charter: The charter of the United Nations Organization (UNO, started in 1945) supported women’s rights.
  • International Bill of Rights for women: With the rise of feminist movements of the 1960s and ‘70s, the UN General Assembly in 1979 adopted the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)often considered as an International Bill of Rights for women. In the Convention, Article 7 upholds women’s right to hold political and public office.
  • Millennium development goals (MDGs), included gender equality: In 2000, UN member states adopted the Millennium Declaration and outlined eight Millennium Development Goals (MDGs), to be achieved by 2015, which included promoting gender equality.
  • Empowering women under Sustainable Development Goals (SDGs): In January 2016 the initiative was extended to pursue 17 Sustainable Development Goals (SDGs) of which Goal 5 seeks to “achieve gender equality and empower all women and girls”, ensuring “women’s full and effective participation and equal opportunities for leadership at all levels of decision-making in political, economic and public life.”

representation

The present status of Women representation in politics worldwide.

  • Representative governments increased but women count remains low: According to UN Women, as of September 2022, there were 30 women serving as elected heads of state and/or of government in 28 countries (out of a total of 193 UN member states).
  • Dichotomy in active participation: There is the dichotomy between the rapid increase of women’s participation as voters in elections and other political activities, and the slow rise of female representation in Parliament.
  • Global average women representation: As of May 2022, the global average of female representation in national parliaments was 26.2 percent.
  • Above average representation: The Americas, Europe, and Sub-Saharan Africa have women’s representation above the global average;
  • Below average representation: Asia, the Pacific region, and the Middle East and Northern Africa (MENA) region, are below average.
  • Varied representation within Asian countries:
  • The South Asian countries faring worse than the others.
  • IPU data of May 2022 showed that women’s representation in Nepal, for example, was 34 percent, in Bangladesh 21 percent, in Pakistan 20 percent, in Bhutan 17 percent and in Sri Lanka 5 percent.
  • For India, women’s representation in the Lok Sabha (the Lower House) has remained slightly below 15 percent.
  • The study does not include Afghanistan, but World Bank data of 2021 stated that female representation in the country’s last parliament was 27 percent.

representation

Journey of Women’s Political Participation in India 

  • Before Independence: India has a history of marginalization and exploitation of women framed by patriarchal social structures and mindsets.
  • Beginning of social reforms and participation in Freedom struggle: The Indian freedom movement, starting with the swadeshi in Bengal (1905-08) also witnessed the impressive participation of women, who organized political demonstrations and mobilized resources, as well as occupied leadership positions in those movements.
  • Post-Independence: After India attained independence, its Constitution guaranteed equal status for men and women in all political, social and economic spheres.
  • Equality guaranteed by The Constitution:
  • Part III of the Constitution guarantees the fundamental rights of men and women.
  • The Directive Principles of State Policy ensure economic empowerment by providing for equal pay for equal work by both men and women, humane conditions of work, and maternity relief.
  • Any Indian citizen who is registered as a voter and is over 25, can contest elections to the lower house of Parliament (Lok Sabha) or the state legislative assemblies; for the upper house (Rajya Sabha) the minimum age is 30.
  • Articles 325 and 326 of the Constitution guarantee political equality and the right to vote.
  • Reservation for women in local bodies: In 1992, the 73rdand 74th amendments to the Constitution provided for reservation of one-third of the total number of seats for women in Panchayati Raj Institutions (PRIs) and municipal bodies.

representation

Three main parameters to assess women’s participation in politics in India

  1. Women as Voters: In the last Lok Sabha election of 2019, almost as many women voted as men a watershed in India’s progress towards gender equality in politics which has been called a “silent revolution of self-empowerment The increased participation, especially since the 1990s, is attributed to a number of factors.
  2. Women as Candidates: Overall, however, while women candidates in parliamentary elections have increased over time their proportion compared to male candidates remains low. In the 2019 Lok Sabha elections, of the total of 8,049 candidates in the fray, less than 9 percent were women.
  3. Women’s Representation in Parliament: Although women’s participation as voters in elections has increased significantly, the data on women’s representation in both the Lok Sabha and Rajya Sabha suggests that the proportion of women representatives has remained low in comparison to their male counterparts.

Just to know:  

  • The highest proportion of women representatives elected to the Lok Sabha so far was in the 2019 elections, and it was less than 15 percent of total
  • The number of women candidates and MPs varies greatly across states and parties.
  • In the present Lok Sabha (17th), Uttar Pradesh and West Bengal have the highest numbers of women MPs. In terms of percentage, Goa and Manipur had fielded the highest proportion of women candidates.

Why female representation in Parliament and state legislatures remained low?

  • Inaccessibility of Institutions: Election records show that most political parties, though pledging in their constitutions to provide adequate representation to women, in practice give far too few party tickets to women candidates. A study found that a large section of women who do get party tickets have family political connections, or are ‘dynastic’ politicians. With normal routes of accessibility limited, such connections are often an entry point for women
  • Notion of women less likely to win: It is still widely held in political circles that women candidates are less likely to win elections than men, which leads to political parties giving them fewer tickets.
  • Challenging Structural Conditions: Election campaigns in India are extremely demanding and time-consuming. Women politicians, with family commitments and the responsibilities of child care, often find it difficult to fully participate
  • Highly vulnerable: Women politicians have been constantly subjected to humiliation, inappropriate comments, abuse and threats of abuse, making participation and contesting elections extremely challenging.
  • Expensive electoral system: Financing is also an obstacle as many women are financially dependent on their families. Fighting parliamentary elections can be extremely expensive, and massive financial resources are required to be able to put up a formidable contest. Absent adequate support from their parties, women candidates are compelled to arrange for their own campaign financing this is a huge challenge that deters their participation
  • Internalized patriarchy: A phenomenon known as ‘internalized patriarchy’ where many women consider it their duty to priorities family and household over political ambitions.

Why women participation in law making process is so important?

  • Political empowerment: Legislative representation is fundamental to political empowerment, enabling participation in the law-making process. Legislatures play a vital role in raising debates and discussions on various aspects of governance and in exacting accountability from the government.
  • Shows the status of gender parity: Women’s representation in the national parliament is a key indicator of the extent of gender equality in parliamentary politics.
  • Women bring different skills to politics: According to Political scientist, Anne “women bring different skills to politics and provide role models for future generations; they appeal to justice between sexes.
  • Facilitates specific interests of women in policy: Their inclusion in politics facilitates representation of the specific interests of women in state policy and creates conditions for a revitalized democracy that bridges the gap between representation and participation.
  • Highly effective and less likely to be criminal and corrupt: Study found that, women legislators perform better in their constituencies on economic indicators than their male counterparts also women legislators are less likely to be criminal and corrupt, more efficacious, and less vulnerable to political opportunism.

Way ahead

  • It should be made legally obligatory for every registered political party to give one-third of the total number of party tickets it distributes at every election to women. The Representation of People Act, 1950, will have to be amended to enable this strategy.
  • Second, if the party-level reform proves difficult, the Women’s Reservation Bill 2008 which mandated reservation of one-third of parliamentary and state assembly seats for women will have to be revived.

Notes in short: Can be used in answers, essays and debates accordingly.

  1. Despite strong patriarchal norms, the country is seeing an increase in women’s political participation, parallel to higher levels of education and growing financial independence.
  2. The number of women contesting parliamentary and state legislative elections remains limited.
  3. Where constitutionally mandated reservation of seats for women has been provided at the local self-government level, women’s representation has increased.
  4. However, political parties, the primary vehicle of electoral politics, remain largely inaccessible for women to contest parliamentary and legislative elections even after 75 years of Indian independence.

Conclusion

  • The organic shift to opening up spaces for women in Indian parliamentary politics has been slow. More women are needed in these platforms to transform the discourse on governance and policy-making, and bring India closer to becoming a truly inclusive and representative democracy.

 

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Child Rights – POSCO, Child Labour Laws, NAPC, etc.

10 years of POCSO: An analysis of India’s landmark child abuse law

Note4Students

From UPSC perspective, the following things are important :

Prelims level: POCSO Act

Mains level: Child rights issue

pocso

Ten years after the enactment of The Protection of Children from Sexual Offences (POCSO) Act, which deals specifically with child sexual abuse, an analysis of POCSO cases across India has found gaps in its implementation.

Why was POCSO enacted?

  • The Constitution of India has incorporated several provisions to protect the rights of children and India has also been a signatory to landmark international instruments.
  • However, India lacked any dedicated provision against child sexual abuse.
  • Cases would be tried under different provisions of the Indian Penal Code, which was found to be ill-equipped.

Evolution of POCSO

  • In the 1990s, a child sexual abuse racket was busted in Goa, following which the state government enacted a law to promote child rights in 2003.
  • Also, the Special Expert Committee under Justice VR Krishna Iyer presented a draft code for child rights in India – the Children’s Code Bill, 2000.
  • These two initiatives established the basis for dedicated legislation against child sexual abuse.
  • In 2005, the Department of Women and Child Development prepared a draft bill to address different offences targeted against children.
  • Contrary to the general perception then, the overall percentage of boys reporting experiencing sexual abuse was much higher than that of girls.
  • In September 2010, the Ministry of WCD prepared a draft Protection of Children from Sexual Offences Bill, 2010.
  • This after several rounds of revisions came into force as the POCSO Act on Children’s Day – 14 November, 2012.

Features of the Act   

  • Gender neutrality: The Act is gender neutral and regards the best interests and welfare of the child. The Act calls for mandatory reporting of sexual offences. A false complaint with intent to defame a person is punishable under the Act.
  • Definition of Child: The Act defines a child as any person below eighteen years of age.
  • Definitions of sexual abuses: It defines different forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment and pornography.
  • Prevents child trafficking: People who traffic children for sexual purposes are also punishable under the provisions relating to abetment in the Act.
  • Preventing re-victimization of child: Adequate provisions are made to avoid re-victimization of the Child at the hands of the judicial system.
  • Sensitization of Police: The Act assigns a policeman in the role of child protector during the investigation process.
  • Child friendly investigation: The Act stipulates that such steps must be taken which makes the investigation process as child-friendly as possible.
  • Speedy disposal: The Act provides for the establishment of Special Courts for the trial of such offences and stipulates that the case is disposed of within one year from the date of reporting of the offence.

What is the rationale behind the legislation?

  • Multiple facets of crime: New forms of child abuse like online bullying, harassment and Child Pornography have emerged to a greater extent.
  • Exception handling: As per the last available data from the National Crime Records Bureau of child rape cases came up before the courts under the POCSO Act read with Indian Penal Code Section 376.
  • Larger conviction: Less than three per cent cases ended in convictions, pointing to the need for better access to justice for all, and not just more stringent conviction in a small percentage of cases.
  • Deterrence against crime: There is the belief that harsher punishments will deter people from committing child rape.
  • Zero-tolerance: Lastly, the disgust for the crime makes the perpetrator ‘deserving’ of death penalty.

Issues with the Law

  • Recurrence of such crime: In the context of child rape, many preventive measures and policies do have a definitive impact on preventing child rape.
  • Lower conviction: The conviction rates are low under the Protection of Children from Sexual Offences Act, 2012.
  • Investigation bottlenecks: There is lack of specialised investigators, prosecutors, judges, mental health professionals, doctors, forensic experts and social workers.
  • Protection bottlenecks: Inadequate child protection and rehabilitation services, lack of compliance with child-friendly legal procedures are some other concerns.
  • Under-reporting: A large proportion of perpetrators are family members or those close to or known to the family. This results in massive underreporting of such crimes.
  • Protection of convicts: This concern will only intensify with death penalty, as the child’s family often settles a case of known person preventing him to the gallows.
  • Vulnerability: The arbitrariness of the death penalty in India also arises from the discriminatory impact of the choice of what constitutes ‘rarest of rare’.
  • Delay of trials: The Kathua Rape case took 16 months for the main accused to be convicted whereas the POCSO Act clearly mentions that the entire trial and conviction process has to be done in one year.
  • Communal Politicization:  Considering rapes on communal angles is another challenge. The Unnao rape case and Kathua rape case are some of the examples.

Study of POCSO implementation

  • The analysis, titled ‘A Decade of POCSO’, was carried out by the Justice, Access and Lowering Delays in India (JALDI) Initiative.
  • It was held in collaboration with the Data Evidence for Justice Reform (DE JURE) program at the World Bank.
  • It analysed a total of 230,730 cases from 486 districts spanning 28 states and Union Territories, from 2012 to February 2021.
  • Case laws, policy interventions and case metadata was collected from the eCourts, the digital platform which gives information on pending cases, court orders, etc.

Key findings on crimes against children

  • Low conviction rate: The analysis has found that 43.44% of trials under POCSO end in acquittals while only 14.03% end in convictions. For every one conviction in a POCSO case, there are three acquittals.
  • Accused were close kin: Out of 138 judgements looked at in detail by the study, only in 6% of the cases were the accused people strangers to the victim.

Quality of justice under POCSO

  • Huge delay: The study has found on average, it takes 509.78 days for a POCSO case to be disposed of – whereas it has been stipulated under the Act that such cases need to be disposed of within a year.
  • High pendency: Though the pendency of POCSO cases was increasing gradually over the years, there was a sharp increase in the number of pending cases between 2019 and 2020, that could be attributed to the COVID-19 pandemic.
  • Frequent transfer of cases: A total of 22.76% of cases were disposed of by virtue of transfers from one court to another, and one-fifth of the cases in this dataset ended in transfers. Since POCSO cases are supposed to be tried by the Special Court.

Gaps in implementation

  • Support persons are not being appointed in most cases: The Supreme Court had also noted that in 96% of cases, a support person was not provided to the victim.
  • POCSO courts have not been designated in all districts: As of 2022, 408 POCSO courts have been set up in 28 States as part of the Government’s Fast Track Special Court’s Scheme.
  • There is a lack of Special Public Prosecutors: They should be appointed specifically to handle POCSO cases, and even when they are appointed they are often employed for non-POCSO cases.

Way forward

  • The social menace of child rape requires sustained planning, engagement, and investment of resources by the government.
  • The need of the hour is to prioritise prevention activities against abuse, creating safe (physical and online) environments for children.
  • Developing a comprehensive outreach system to engage parents, schools, communities, NGOs partners and local governments as well as police and lawyers is needed.
  • This will ensure better implementation of the legal framework, policies, national strategies and standards.

 

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Civil Services Reforms

SC refuses to direct Centre to create independent Indian Environment Service

Note4Students

From UPSC perspective, the following things are important :

Prelims level: TSR Committee recommendations

Mains level: Need for All India Services for Environment

The Supreme Court has refused to intervene and direct the government to create an independent Indian Environment Service within the All India Service cadre. A specialized environment service was recommended in the T.S.R. Subramanian Committee report in 2014.

TSR Subramanian Committee Report on Environment

  • The Subramanian committee was set up in August 2014 to review the country’s green laws and the procedures followed by the Ministry of Environment, Forest and Climate Change (MoEF&CC).
  • It suggested several amendments to align with the Government’s economic development agenda.
  • The report had suggested amendments to almost all green laws, including those relating to the environment, forest, wildlife and coastal zone clearances.
  • The committee suggested that another committee, with more expertise and time, be constituted to review the environmental laws.

Key recommendations

(a) Establishment of Environment Management Authorities

  • The report proposed an ‘Environmental Laws (Management) Act’ (ELMA), that envisioned full-time expert bodies to be constituted at the Central and State levels respectively:
  1. National Environmental Management Authority (NEMA)
  2. State Environmental Management Authority (SEMA)

(b) Project clearances

  • These authorities evaluate project clearance (using technology and expertise), in a time bound manner, providing for single-window clearance.
  • It suggested a “fast track” procedure for “linear” projects (roads, railways and transmission lines), power and mining projects and for “projects of national importance.”
  • It also suggested an appellate mechanism against the decisions of NEMA/SEMA or MoEF&CC, in respect of project clearance, prescribing a three-month deadline to dispose appeals.

(c) Expanding Environment Protection Act

  • The Air Act and the Water Act is to be subsumed within the EP Act.
  • The existing Central Pollution Control Board and the State PCBs, which monitor and regulate the conditions imposed on the industries to safeguard environment be integrated into NEMA and SEMA.

(d) Evaluating Environmental Reconstruction Cost (ERC)

  • The report also recommends that an “ERC” should be assessed for each project on the basis of the damage caused by it to the environment and this should be added into the cost of the project.
  • This cost has to be recovered as a cess or duty from the project proponent during the life of the project.

(e) Research and Development

  • It proposed the establishment of a National Environment Research institute “on the lines of the Indian Council of Forestry Research and Education”.
  • It would bring in the application of high-end technology in environment governance.

(f) Establishment of Indian Environment Service (IES)

  • Finally, an Indian Environment Service should be established to recruit qualified and skilled human resource in the environment sector.

Status of these recommendations

  • The Centre never formally accepted this report and neither constituted a new committee as recommended by the Parliamentary Standing Committee.
  • However, many of these recommendations are implicitly making their way into the process of environmental regulation.

Why was IES proposed?

  • Environmental governance in India involves several clearances.
  • Currently, officers from all India civil services, conducted by UPSC, deals with environment clearances and policies.

Do we really need IES?

  • The IAS were founded on the colonial government’s Council of India’s law member T.B. Macaulay’s notion of generalised work done by one official.
  • However, the modern era, based on a socio-economic model of high specialization, cannot survive on this.
  • The IAS is filled with people without the requisite specialized skills and qualifications to successfully accomplish their tasks.
  • This was lamented by the PM when he posed the question “Can babusdo everything?” (babu is a euphemism for bureaucrats).
  • There was a proposed functional field for specialization that was recommended in 1970 by India’s first Administrative Reforms Commission, but like the Subramaniam Committee suggestions, it was never implemented in its full.

Way forward

  • There is need of an active bureaucracy for the implementation of environment policy.
  • These administrators need to be aware of their responsibility, which can be made effective if a service dedicated to the environment is created.
  • The challenge of climate change would then be able to be effectively approached through the bureaucracy.

Conclusion

  • Policymakers must build on the exercise of reforming environmental governance.
  • The process must involve reforming our laws, strengthening our institutions and streamlining the processes.

 

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Nuclear Diplomacy and Disarmament

Hwasong-17: North Korea’s new ‘monster missile’

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Hwasong-17  

Mains level: Nuclear Proliferation by N Korea

hwasong

North Korea said it test-fired its massive new Hwasong-17 intercontinental ballistic missile (ICBM).

Hwasong-17  

  • The Hwasong-17 is nuclear-armed North Korea’s biggest missile yet, and is the largest road-mobile, liquid-fuelled ICBM in the world.
  • Its diameter is estimated to be between 2.4 and 2.5 metres, and its total mass, when fully fuelled, is likely somewhere between 80,000 and 110,000 kg.
  • Unlike North Korea’s earlier ICBMs, the Hwasong-17 is launched directly from a transporter, erector, and launcher (TEL) vehicle with 11 axles, photos by state media showed.

How far can it fly?

  • The missile launched on Friday flew nearly 1,000 km (621 miles) for about 69 minutes and reached a maximum altitude of 6,041 km.
  • The weapon could travel as far as 15,000 km (9,320 miles), enough to reach the continental United States.

What is North Korea trying to demonstrate with the missile launches?

  • North Korea is wary of joint drills between the US and South Korea and believes them to be a rehearsal for invasion and proof of hostile policies.
  • Notably, Pyongyang’s record launches this year began even before military exercises between the allies, one also involving Japan.
  • While it says it is responding to the “provocative” drills, some analysts believe that Kim Jong-un must be setting the stage for something bigger— the resumption of nuclear testing after five years.
  • Pyongyang may also be showcasing its pre-emptive abilities in response to South Korea’s own pre-emptive “kill chain” strategy.

Failure of diplomacy

  • North Korea pulled out of the Nuclear Non-proliferation Treaty (NPT) in January 2003 and has conducted six nuclear tests so far since 2006.
  • Diplomatic talks have been starting and halting over the past two decades.
  • The Six-Party Talks involving South and North Korea, China, Japan, Russia, and the United States, started in 2003, have since stalled with changing geopolitical dynamics.
  • Former U.S. President Donald Trump met with Kim Jong-un thrice between 2018 and 2019 but talks broke down and resulted in more sanctions from the West and increased testing by Pyongyang.
  • The Joe Biden administration did make attempts to restart talks, and North Korea has not seemed keen either.

 

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