November 2022
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Pharma Sector – Drug Pricing, NPPA, FDC, Generics, etc.

Role of private sector in India’s Space programmes

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Private space programs

Mains level: Indian private sector participation in space programmes.

private

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Context

  • The launch of the Vikram S (Mission Prarambh) rocket last week has been rightly hailed as an important milestone in India’s outer space journey. It is the first privately built Indian rocket to make it to space.

Private players in space sector

  • Lack of Enabling policy: The country’s private sector has the talent and experience to shorten that distance if Delhi creates the enabling policy environment.
  • Monopoly of Government: When space emerged as an important endeavour in the second half of the 20th century, governments were in the lead. The cost, complexity and research-intensity of the space effort meant the space programmes everywhere became a government monopoly.
  • Government can no longer ignore private players: But in the 21st century, the role of the private sector has dramatically expanded. Satellites were once owned only by governments but today private companies lead the satellite business.

private

Major private players and their space endeavor

  • Starlink satellite system: Elon Musk’s Starlink satellite system is now a major player with more than 2,300 satellites in low earth orbit they deliver a variety of space services including useful military information to the armed forces of Ukraine in their fight against Russian forces.
  • Amazon’s Project Kuiper: Plans to launch more than 3,000 satellites in the coming years to offer a range of services, including broadband internet. This will involve making at least three satellites a day.
  • One-web cooperation: Airtel in India is a partner in the One-Web corporation that offers connectivity through its system of nearly 500 satellites.
  • Breaking the monopoly of Government: The business of launch vehicles the most demanding of space activities remained a state monopoly until recently. Elon Musk’s SpaceX has broken through that launch monopoly and Amazon’s Blue Origin rocket will soon be in the market too.

History of India’s space programme

  • Space for national development only: Delhi’s main objective was to leverage outer space to accelerate national development. Eventually, military and commercial dimensions began to envelop the Indian space programme.
  • Cooperation with Soviet Union: India’s space programme began with intensive cooperation with the Western countries and later with the Soviet Union. Delhi also offered space cooperation to other developing countries within the rubric of engagement with friendly governments.
  • Sanctions halted India’s progress: The non-proliferation sanctions on India after its first nuclear test in 1974 severely constricted the space for the country in international space cooperation. It was only after the historic civil nuclear initiative that the sanctions regime began to ease.

private

What should be India’s future approach in space domain?

  • Commercially leveraging the space using MTCR: India is now part of the Missile Technology Control Regime that regulates commerce in space related commodities and technologies.
  • Dual use technology under Wassenaar Arrangement: India is also part of the Wassenaar Arrangement that controls trade in dual use technologies that can be used for both civilian and military purposes.
  • The growing range of new space possibilities: From using satellites for delivering broadband internet to the mining of the Moon and from space manufacturing to deep space exploration. Put simply, the scale of the global economy is rapidly growing its value is expected to more than double from about $450 billion in 2022 to nearly one trillion dollars within a decade.
  • It must be about business and economy: For India, outer space can no longer be about narrowly framed ideas of “development” and “national prestige”. It must be about business and economy. The current Indian share of the global space economy is barely 2 per cent. PM Modi has been demanding that India rapidly increase its share to 8 per cent in the coming years.
  • The private sector companies for larger role: Raising the Indian share of the global space economy can only be done by drawing in the private sector companies to play a larger role. Consider, for example, The Artemis 1 rocket was launched last week and the programme involves a number of leading aerospace companies like Boeing, Lockheed, Northrop Grumman, Airbus and Space X.
  • International cooperation in national space programmes: If Apollo was a purely national project of the United States, the Artemis programme is a multinational endeavor between the US and its partners, including France, Canada, and Japan. Meanwhile Russia and China are coming together to collaborate not only on their space programmes, but also on building a joint base on the Moon that will establish long term human presence there.
  • Capital support for space programme: India has just about embarked on a programme to enhance the contribution of its private sector in outer space. India is also drawing on foreign capital to support its start-ups. Singapore’s sovereign wealth fund GIC, for example, is a major investor in Skyroot Aerospace that launched the Vikram S rocket.

Conclusion

  • Many Western aerospace companies will be eager to invest in India’s space programme as it begins to open up. India is also coming to terms with the fact that international cooperation is not just an “add-on” to the national space programme, but must be an integral part of India’s space strategy.

Mains Question

Q. 20th century was dominated by monopoly of government in space domain. Elaborate. How India can commercialize the space sector with help of private players?

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Historical and Archaeological Findings in News

Ram Setu and The Sethusamudram Project (SSCP)

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Sethusamudram Ship Channel Project (SSCP)

Mains level: Sethusamudram Ship Channel Project (SSCP) and its impact on the marine ecosystem

Ram Setu

Context

  • On November 10, the Supreme Court gave the Centre four weeks’ time to file a response clarifying its stand on a plea seeking national heritage status for the ‘Ram Setu’.

Ram Setu

  • Also known as Adam’s bridge, Ram Setu is a 48-km long bridge-like structure between India and Sri Lanka.
  • It finds mention in the Ramayana but little about its formation is known or proven, scientifically.

Interesting Research on “Ram Setu”

  • Conclusion by the researchers that Ram Setu is not man-made:
  • In 2003, space-based investigations, using satellite remote sensing imagery, by researchers at the Space Applications Centre in Ahmedabad concluded that Ram Setu is not man-made, but comprises 103 small patch reefs lying in a linear pattern with reef crest, sand cays and intermittent deep channels.
  • Cays, also known as keys, refer to low-elevation islands situated on surfaces made of coral reef.
  • Reasoning behind the conclusion:
  • It is reasonable to assume that Ram Setu is a linear ridge made of coral reefs and forms a shallow part of the ocean that is being constantly impacted by sedimentation processes.
  • Like the Great Barrier Reef, the Ram Setu is also a continuous stretch of limestone shoals that runs from Pamban Island near Rameswaram to the Mannar Island on the northern coast of Sri Lanka.
  • During glaciation period: During a global glaciation period that began around 2.6 million years ago and ended 11,700 years ago, the Indian coast, including parts of the Sethusamudram, may have been raised above water.
  • Post glaciation: The post-glaciation period witnessed a steady rise in sea levels around the world and coral polyps could once again have grown higher on the newly submerged platforms. And in time, the platforms may have been used by migrants to cross oceans.
  • Ramayana belief: The Ramayana refers to a putative land bridge in this region; believers hold it as the structure that Lord Rama and his army built to reach Lanka. This ridge may have been used in the distant past as a migratory route.

Ram Setu

Sethusamudram Ship Channel Project (SSCP)

  • Sethusamudram Ship Channel Project (SSCP) can be traced back to the British, who Proposed as channel to link the Palk Strait with the Gulf of Mannar.
  • It was only in 2005 that the project was inaugurated.
  • Separating the shallow sea consisting of the Gulf of Mannar in the south and Palk Bay in the north is a somewhat linear coral ridge called Adam’s Bridge or Ram Setu.
  • This runs between Rameswaram in Tamil Nadu and Thalaimannar in Sri Lanka.
  • The SSCP, if completed, is expected to considerably reduce the navigation time between the east and west coasts of India.

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Memory shot

  • “The Sethusamudram project envisages dredging of a channel across the Palk Strait between India and Sri Lanka to allow ships to sail between the east and west coasts of India, instead of circumventing the island nation.”

What are the Concerns raised about the project?

  • High energy waves may bring sediments: Computer models suggest that the central, eastern and north-eastern parts of the Palk Bay may be impacted by waves of higher energy. This means that these areas also receive more sediment, rendering them more turbid.
  • Alignment is not easy: The models also indicate that waves enter the Bay from its north and south, corresponding to how the channel is aligned.
  • High frequency of cyclonic storms: The area is also vulnerable to cyclonic storms. A cyclone in 1964 was so powerful that it wiped out the town of Dhanushkodi. Such storms can cause the local sedimentary dynamics to go haywire.
  • Dumping of dredged material may harm marine ecosystem: Finding safe places for dumping dredged material without harming terrestrial or marine ecosystems is therefore a big challenge.
  • Air and water pollution by the ships: Emissions from ships traversing the narrow channel will pollute the air and water. And if a rogue ship carrying oil or coal is grounded or strays from its course within the canal, it could cause an ecological disaster.
  • Religious belief of Significant Ram Setu: While environmental groups have been protesting against the project for the huge environmental cost it would entail, religious groups have been opposing it as they believe that the structure, which is mentioned in the Ramayana, is of religious significance.

Ram Setu

What is the need of protection?

  • Marine biosphere reserves: The coral reef platforms between Thoothukudi and Rameswaram in the Gulf of Mannar were notified as a marine biosphere reserve in 1989.
  • Biodiversity rich area:
  • More than 36,000 species of flora and fauna reportedly live there, flanked by mangroves and sandy shores which are considered conducive for turtles to nest.
  • This is also a breeding ground for fish, lobsters, shrimps and crabs.
  • Of the 600 recorded varieties of fish in the region, 70 are said to be commercially important.
  • Area is already under stress:
  • This area is already threatened by discharge from thermal plants, brine run-off from salt pans, and illegal mining of corals.
  • The SSCP, if it becomes a reality, will be the final blow to this sensitive environment and to the livelihoods of the people there.

Perspective: Area is not only a religious belief but also a “Geo heritage site”.

  • While considering this issue from a believer’s point of view, it is also important to consider this feature from a ‘geoheritage’ perspective.
  • The geoheritage paradigm is used in nature conservation to preserve the natural diversity of significant geological features.
  • The value of abiotic factors like geology, soils and landforms is also recognised for their roles in supporting habitats for biodiversity.
  • Geodiversity here consists of varied landforms and features representative of dynamical natural processes, is under threat from human activities and needs protection.

Ram Setu

Do you Know Underwater archaeological project at Ram Setu?

  • The National Institute of Oceanography (NIO) will undertake a three-year scientific project.
  • The idea is to see whether Ram Setu is a man-made structure or not.
  • The most important aspect of the project is to establish its age, scientifically.
  • The explorers will apply a number of scientific techniques while attempting to date the Ram Setu, study its material composition, outline the sub-surface structure along with attempting to excavate remnants or artefacts, if any, from the site.
  • Once it is known, the information can be verified and co-related with its mention in the Ramayana and similar scriptures.

Conclusion

  • The Ram Setu carries the unique geological imprints of an eventful past. Therefore, it needs to be preserved not just as a national heritage monument, but also as a Geoheritage structure as defined from a scientific perspective.

Mains Question

Q. What is Sethusamudram Ship channel project? Discuss the Concerns raised over the stability of the project.

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Financial Inclusion in India and Its Challenges

Financial Inclusion in Age of Digitization

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NA

Mains level: Financial inclusion and Digital divide

Financial Inclusion

Context

  • The use of technology in financial inclusion stands to be pertinent in today’s context as it paves the way towards inclusive growth through the upliftment of disadvantaged sections of society.

Importance of Financial Inclusion

  • Meaning of Financial inclusion: It refers to the availability to both individuals and companies of useful and cost-effective financial goods and services, including payments, transactions, savings, credit, and insurance, that are sustainably and ethically provided.
  • Provides social mobility: The importance of financial inclusion lies in the fact that it allows social mobility. These resources help empower individuals and foster communities, which can aid in promoting economic growth.
  • More financial services: Moreover, account holders are more likely to utilize additional financial services such as credit and insurance to launch and grow enterprises, make investments in their children’s or own health or education, manage risk, and recover from financial setbacks, all of which can enhance their overall quality of life.

Financial Inclusion

Challenges to the financial inclusion

  • Inoperative bank accounts: Nearly 80 percent of the Indian population has a bank account, and nearly 18 percent (81.38 million) of bank accounts are inoperative, having “zero balance”. Moreover, up to 38 percent of accounts are inactive, which means that there have been no deposits or withdrawals in the past year, demonstrating that many Indians are still not fully integrated into the formal banking system.
  • Poor telecommunication infrastructure: India still needs a robust telecommunication infrastructure with a stable broadband internet connection. Despite progress in increasing technological features with increasing speeds, the inability of the entire country to adapt to these innovations has widened the gap.
  • All citizens are not cell phone users: India additionally faces the hurdle of getting its citizens online, with more than 310 million individuals needing a basic cell phone. This prevents account holders from receiving crucial information, such as details relating to account transactions.
  • Increasing dependency on local agents: In addition, financial institutions also need to be more willing to deliver messages for transactions of small quantities. These factors have led to an increasing dependency on local agents.

Financial Inclusion

The correlation between Technology, digital divide and financial inclusion

  • Rural- Urban digital Divide: There is an evident divide between the urban-rural regions that dominate India. Only 4.4 rural families have computers, compared to 14.4 percent of urban households and 14.9 percent of rural homes have internet connectivity, compared to 42 percent of families in metropolitan regions. Meanwhile, only 13 percent of adults in rural regions have access to the internet, compared to 37 percent in metropolitan areas.
  • High lending rates in rural area: Specifically, such gaps are associated with various factors in finance, starting with small-time lenders charging high-interest rates common in rural regions. Access to credit still needs to be solved. Government programmes are yet to reach more remote areas to improve loan availability efficiently.
  • Unawareness about Online loans: Individuals find that online loans need more options from reliable financial institutions or digital lending. Additionally, rural clients need help accessing prospective financial services due to complicated banking procedures such as requiring identity credentials and maintaining a specific balance in an account.
  • Limited access to technology: The digital divide is also a result of limited access to computer and communication technologies. In India, fewer people can afford the device needed to access digital information.
  • Single nationwide approach is problematic: India additionally faces the burden of providing diversified content across different regions, as individuals across India have different mother tongues. Moreover, the number of individuals who have access to computers or are knowledgeable enough to utilise the internet varies too widely between states. Thus, a blanket approach cannot be implemented nationwide.
  • Lack of Financial literacy: Indian citizens lack the potential to maximise technological interventions. About 266 million adults are illiterate. The lack of financial literacy has also greatly impeded the growth of financial inclusion, with many financial cyber-crimes peaking in proportion to the growing distrust among rural residents, leading to lower adoption rates and a 6-percent jump in cybercrimes in the same year.
  • Concerns of data privacy: As Personal Identifiable Information (PII) guidelines are not strictly enforced and adhered to, large quantities of data are readily accessible to numerous parties, raising serious concerns about data privacy.

Financial Inclusion

What can be done to bridge digital divide for financial inclusion?

  • Digital inclusion strategies: It lies in the hands of the government to implement a financial inclusion policy and look at the reasons behind financial exclusion and effectively address them. Information and Communication Technology policies are primarily top-down and supply-focused. Thus, it is necessary to develop financial goods and services focused on the needs of citizens and the disadvantaged. These policies should focus on digital inclusion strategies to ensure that rural areas can access proper internet connectivity.
  • Information in regional language: to ensure digital financial inclusion, the government should encourage the middle-aged bracket to educate themselves in reading and writing to use the various facilities they provide. Government websites have information primarily in Hindi and English, excluding large sections of the population. A systemic strategy focused on digital skills, and financial literacy should be implemented in each region, keeping in mind the language barrier and access to technology.
  • Focus on vulnerable sections: To combat financial fraud, implementing a one-to-one Management of Financial Services (MFS) agent mentorship programme that focuses on vulnerable populations and teaches them the fundamentals of mobile and online interaction is possible. Additionally, removing the barriers to financial service access for low-income persons by reducing transaction costs could facilitate increased participation, as observed in Nepal, where free and easily accessible accounts were more prevalent among women

Conclusion

  • The digital divide affects every area of life, including literacy, wellness, mobility, security, access to financial services, etc. Therefore, for a fast-growing nation such as India, the focus needs to shift from simple economic growth to equitable and inclusive growth.

Mains Question

Q. What are the challenges to Digital financial inclusion in India? Explain in detail the strategies needed to tackle the financial inclusion?

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Health Sector – UHC, National Health Policy, Family Planning, Health Insurance, etc.

Union Health Ministry rolls out India’s 1st Suicide Prevention Policy

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NA

Mains level: National Suicide Prevention Strategy

The Ministry of Health and Family Welfare announced a National Suicide Prevention Strategy, the first of its kind in the country.

What is Suicide?

  • Suicide is the act of intentionally causing one’s own death.
  • Mental and physical disorders, substance abuse, anxiety and depression are risk factors.
  • Some suicides are impulsive acts due to stress (such as from financial or academic difficulties), relationship problems (such as breakups or divorces), or harassment and bullying.
  • Despite being entirely preventable, India has been increasingly losing individuals to suicide.

Why need such strategy?

Ans. Suicides in India

  • The burden of deaths by suicide has increased in India — by 7.2 per cent from 2020 — with a total of 1,64,033 people dying by suicide in 2021.
  • In India, more than one lakh lives are lost every year to suicide, and it is the top killer in the 15-29 years category.
  • In the past three years, the suicide rate has increased from 10.2 to 11.3 per 1,00,000 population, the document records.
  • The most common reasons for suicide include family problems and illnesses, which account for 34% and 18% of all suicide-related deaths.
  • The report follows a 2021 Lancet study that noted “India reports the highest number of suicide deaths in the world”.

About the National Suicide Prevention Strategy

The NSPS puts a time-bound action plan and multi-sectoral collaborations to achieve reduction in suicide mortality by 10% by 2030.  The strategy broadly seeks to establish-

  1. Effective surveillance mechanisms for suicide within the next three years,
  2. Establish psychiatric outpatient departments that will provide suicide prevention services through the District Mental Health Programme in all districts within the next five years, and
  3. Integrate a mental well-being curriculum in all educational institutions within the next eight years.

The strategy also envisages:

  1. Developing guidelines for responsible media reporting of suicides and
  2. Restricting access to means of suicide

Significance of the strategy

  • The most important thing is that the government has acknowledged that suicide is a problem.
  • We now have a well-conceived plan involving multi-sectoral collaborations, because the only way a strategy would work would be to involve various sectors.
  • The strategy should now be passed on to the States for them to develop locally relevant action plans; and then cascade to the district, primary health and community levels.

Why suicide is such a big issue?

  • More youth committing: For the youth of the country (15-29 years), among whom 1/3rd of all suicides take place.
  • Performance pressure: Data suggests that one student dies by suicide every 55 minutes, and 1,129 suicides among children below 18 years of age in 2020 were due to failure in examinations.
  • Farm distress: This is followed by farmer’s suicide and the gendered variance observed these days.
  • Gendered variances: More women are committing suicides these days.

Way forward

suicide

  • Holistic approach: Promoting national and sectoral research into the reasons for suicide mortality and its rise, and making culturally and economically appropriate suggestions to help mitigate the problem is critical.
  • Counselling by mass-media: During times of distress, media must promote health-seeking behaviour, correct information and counter the possible myths related to suicide.
  • Evidence-based interventions: Keep in mind the needs of the most vulnerable and marginalized populations, like women and young individuals, providing the required support systems can reduce the number of lives lost and build a healthier response system.

 

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Port Infrastructure and Shipping Industry – Sagarmala Project, SDC, CEZ, etc.

Trans-shipment Terminal at Great Nicobar: strategic imperative and ecological concerns

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Great Nicobar Islands

Mains level: Read the attached story

nicobar

The Ministry of Environment, Forest and Climate Change gave environmental clearance for the ambitious Rs 72,000 crore development project on the strategically important Great Nicobar Island.

About the Great Nicobar Development Project

  • A “greenfield city” has been proposed, including an:
  1. International Container Transhipment Terminal (ICTT),
  2. Greenfield international airport,
  3. Power plant, and
  4. Township for the personnel who will implement the project
  • The project is to be implemented in three phases over the next 30 years.

When was the project incepted?

  • The proposal to develop Great Nicobar was first floated in the 1970s, and its importance for national security and consolidation of the Indian Ocean Region has been repeatedly underlined.

Scope of the project

  • A total 166.1 sq km along the southeastern and southern coasts of the island have been identified for project along a coastal strip of width between 2 km and 4 km.
  • Some 130 sq km of forests have been sanctioned for diversion, and 9.64 lakh trees are likely to be felled.
  • Development activities are proposed to commence in the current financial year, and the port is expected to be commissioned by 2027–28.
  • More than 1 lakh new direct jobs and 1.5 lakh indirect jobs are likely to be created on the island over the period of development.

Features of the Project

  • Transshipment hub of the East: The proposed port will allow Great Nicobar to participate in the regional and global maritime economy by becoming a major player in cargo transshipment.
  • Naval control: The port will be controlled by the Indian Navy, while the airport will have dual military-civilian functions and will cater to tourism as well.
  • Urban amenities: Roads, public transport, water supply and waste management facilities, and several hotels have been planned to cater to tourists.

Why need such project?

  • Geostrategic advantage: The Island has a lot of tourism potential, but the government’s greater goal is to leverage the locational advantage of the island for economic and strategic reasons.
  • Critical shipping chokepoint: Great Nicobar is equidistant from Colombo to the southwest and Port Klang and Singapore to the southeast, the region through which a very large part of the world’s shipping trade passes.
  • Huge source of revenue: The proposed ICTT can potentially become a hub for cargo ships travelling on this route.
  • Countering Chinese presence: Increasing Chinese assertion in the Bay of Bengal and the Indo-Pacific has added great urgency to this imperative in recent years.

Malacca Dilemma

In recent years, China’s efforts to expand its footprint in the Indian Ocean Region to overcome its ‘Malacca Dilemma’ (China’s fear of a maritime blockade at the Straits of Malacca) and fulfil its ‘Maritime Silk Road’ ambitions have fuelled apprehensions about freedom of navigation in these waters.

Issues with the Project

  • Ecological damage: The proposed massive infrastructure development in an ecologically important and fragile region, including the felling of almost a million trees, has alarmed many environmentalists.
  • Threats to marine ecosystem: The loss of tree cover will not only affect the flora and fauna on the island, it will also lead to increased runoff and sediment deposits in the ocean, impacting the coral reefs in the area.

Damage control measures by the govt

  • India has successfully translocated a coral reef from the Gulf of Mannar to the Gulf of Kutch earlier.
  • The Zoological Survey of India is currently in the process of assessing how much of the reef will have to be relocated for the project.
  • The government has said that a conservation plan for the leatherback turtle is also being put in place.
  • The project site already is outside the eco-sensitive zones of Campbell Bay and Galathea National Park.

Conclusion

  • Given its physical location, the A&N Islands are the natural platform for collaboration between India and Southeast Asia.
  • By most accounts, political will in India and other countries to develop these islands is high.

Back2Basics: Great Nicobar Islands

  • Great Nicobar, the southernmost of the Andaman and Nicobar Islands, has an area of 910 sq km.
  • It has tropical wet evergreen forests, mountain ranges reaching almost 650 m above sea level, and coastal plains.
  • The A&N Islands are a cluster of about 836 islands in the eastern Bay of Bengal, the two groups of which are separated by the 150-km wide Ten Degree Channel.
  • The Andaman Islands lie to the north of the channel, and the Nicobar Islands to the south.
  • Indira Point on the southern tip of Great Nicobar Island is India’s southernmost point, less than 150 km from the northernmost island of the Indonesian archipelago.
  • Great Nicobar is home to two national parks, a biosphere reserve, and the Shompen and Nicobarese tribal peoples, along with ex-servicemen from Punjab, Maharashtra, and Andhra Pradesh who were settled on the island in the 1970s.

 

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e-Commerce: The New Boom

Centre sets ‘standard’ for product Reviews on E-Commerce Platforms

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NA

Mains level: Fake and deceptive reviews on E-commerce platforms

review

The Centre is bringing out a standard for publishing product reviews for e-commerce platforms this week.

What are the reviews on e-com platforms?

  • Reviews are the ratings given by customers who make any purchase on the e-commerce platform.
  • This is generally a star-rating system followed by user comments.
  • It is particularly a social proof given by people who make judgments and decisions based on the collective actions of others.

Why do e-coms take such reviews?

  • Reviews are much more than just comments and can result in relevant content and information, both for you and your customers.
  • Since the biggest disadvantage of e-commerce is not offering the possibility for consumers to be face to face with the product, reviews can break this barrier.
  • Reviews can help sell more, gain new customers, accompany the consumer’s satisfaction, and target better.

Why reviews matter?

  • Ensure a good purchasing experience;
  • Create surveys and debates on products and/or services;
  • Provide a field for comments and instigate interaction;
  • Know how to deal with complaints and try to resolve them.

Why discuss this?

  • Consumer grievances ignored: More than one in two (58 per cent) consumers complain that their negative product ratings and reviews are not being published by e-commerce platforms.
  • Positive bias: Only 23 per cent consumers said that their negative reviews or ratings on e-commerce sites were published as it is.
  • Fake and deceptive reviews: Wasteful products are highly publicised with fake reviews and praises.

What are the standards set out by the govt.?

The framework for the standard was prepared by the Bureau of Indian Standards (BIS). It is titled IS 19000:2022.  The outlines are-

  • Guiding principle: The guiding principles of the standard are integrity, accuracy, privacy, security, transparency, accessibility and responsiveness.
  • Voluntary compliance: To start with voluntary, the standard could become mandatory after observing compliance to the standards by such platforms.
  • Grievance redressal: Once made mandatory, a consumer may submit grievances to the National Consumer Helpline, Consumer Commissions, or the CCPA, against misleading reviews.
  • Punishment: If made mandatory, the violation of the standard, can invite punishment for unfair trade practice or violation of consumer rights.
  • Review authentication: The standard prescribes specific responsibilities for the review author and the review administrator. For the review author, these include confirming acceptance of terms and conditions, providing contact information.
  • Consumer data protection: For review administrator, these include safeguarding personal information and training of staff.
  • Traceability and genuineness of the review author: The standard also provides for methods for verification of the review author through email address, identification by telephone call or SMS, confirming registration by clicking on a link, using captcha system.

Significance of the standards

  • The standard is expected to benefit all stakeholders in the e-commerce ecosystem, that is, consumers, e-commerce platforms, sellers, etc.
  • It will help usher in confidence among consumers to purchase goods online and help them take better purchase decisions.

 

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ISRO Missions and Discoveries

ISRO to attempt 200th consecutively successful launch of RH-200 sounding rocket

Note4Students

From UPSC perspective, the following things are important :

Prelims level: ISRO's 200th launch

Mains level: Not Much

rh-200

The Indian Space Research Organisation (ISRO) has attempted the 200th consecutively successful launch of the Rohini RH-200 sounding rocket from Thumba.

RH-200 (Rohini )

  • RH-200 is a two-stage rocket capable of climbing to a height of 70 km bearing scientific payloads.
  • The first and second stages of RH-200 are powered by solid motors. The ‘200’ in the name denotes the diameter of the rocket in mm.
  • Other operational Rohini variants are RH-300 Mk-II and RH-560 Mk-III.
  • For years, the RH-200 rocket had used a polyvinyl chloride (PVC)-based propellant.
  • The first RH-200 to use a new propellant based on hydroxyl-terminated Polybutadiene (HTPB) was successfully flown from the TERLS in September 2020.
  • The first and second stages of RH200 rocket are powered by solid motors.
  • Since inception of RH200 rocket, both solid stages are processed using polyvinyl chloride (PVC) based propellant.
  • As compared to PVC based propellants, HTPB based propellant is more energetic, higher mechanical & interface properties and has less defects due to lower processing temperature.

What basically is a Sounding Rocket?

  • A sounding rocket is an instrument-carrying rocket designed to take measurements and perform scientific experiments during its sub-orbital flight.
  • The rockets are used to launch instruments from 48 to 145 km above the surface of the Earth, the altitude generally between weather balloons and satellites.
  • The maximum altitude for balloons is about 40 km and the minimum for satellites is approximately 121 km.

History of sounding rockets in India

  • Sounding rockets have an important place in the ISRO story.
  • The first sounding rocket to be launched from Thumba was the American Nike-Apache — on November 21, 1963.
  • After that, two-stage rockets imported from Russia (M-100) and France (Centaure) were flown. The ISRO launched its own version — Rohini RH-75 — in 1967.
  • The ISRO has launched more than 1,600 RH-200 rockets so far.
  • Currently, the RH200, RH300 MkII and RH560 Mk-III rockets are operational which were developed during the early phase of our journey in rocketry.

 

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Capital Markets: Challenges and Developments

CDSL: India’s registered share depository

Note4Students

From UPSC perspective, the following things are important :

Prelims level: CDSL

Mains level: NA

Certain services at CDSL (Central Depositories Services India Ltd) were disrupted due to a suspected cyber-attack over the weekend.

What is CDSL?

  • CDSL, or Central Depositories Services India Ltd, is a government-registered share depository, alongside its other state-owned counterpart National Securities Depository Ltd (NSDL).
  • It was founded in 1999.
  • It is a Market Infrastructure Institution or MII that is deemed as a crucial part of the capital market structure, providing services to all market participants, including exchanges, clearing corporations, depository participants, issuers and investors.
  • Share depositories hold shares in an electronic or dematerialised form and are an enabler for securities transactions, playing a somewhat similar role to what banks play in handling cash and fixed deposits.
  • While banks help customers keep their cash in electronic form, share depositories help consumers store shares in a dematerialised form.

Functions of CDSL

  • CDSL facilitates holding and transacting in securities in the electronic form and facilitates settlement of trades done on stock exchanges.
  • These securities include equities, debentures, bonds, Exchange traded Funds (ETFs), units of mutual funds, units of Alternate Investment Funds (AIFs), Certificates of deposit (CDs), commercial papers (CPs), Government Securities (G-Secs), etc.

 

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Antibiotics Resistance

Limiting the Anti-Biotic Pollution and Anti-microbial resistance (AMR)

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Anti-microbial resistance (AMR)

Mains level: Anti-biotic Pollution, Anti-microbial resistance (AMR) and its impact

Anti-microbial

Context

  • Almost half, or 43 per cent, of the world’s rivers are contaminated with active pharmaceutical ingredients in concentrations that can have disastrous ramifications on health. The industry must prioritize wastewater management and process controls to limit antibiotic pollution and Anti-microbial resistance (AMR). 18-22 November is observed as World Antimicrobial awareness week.

What is Anti-microbial resistance (AMR)?

  • Antimicrobial resistance (AMR or AR) is the ability of a microbe to resist the effects of medication that once could successfully treat the microbe
  • Antibiotic resistance occurs naturally, but misuse of antibiotics in humans and animals is accelerating the process.
  • A growing number of infections – such as pneumonia, tuberculosis, gonorrhoea, and salmonellosis – are becoming harder to treat as the antibiotics used to treat them become less effective.
  • It leads to higher medical costs, prolonged hospital stays, and increased mortality.

Anti-microbial

Importance of Pharma Industry

  • Important sector of economy: The recently adopted Glasgow Climate Pact has called upon countries to facilitate the adoption of greener technologies to phase out the use of fossil fuels. The development and deployment of such technologies is also critical for the pharmaceutical sector that has formed the backbone of the growth of many economies including India.
  • Improving the health outcomes: The Pharma sector plays a fundamental role in improving health outcomes through the invention of life-saving products.
  • 20% of global supply of medication: Pivoting to sustainable waste management and process-control practices assumes acute significance in the Indian context. India already accounts for 20 per cent of the global supply of medication, making it the largest supplier of generic medicines worldwide.

Anti-microbial

Anti-biotic Pollution and Anti-microbial resistance (AMR)

  • Pharmaceutical pollution in the country: Recently, widescale pharmaceutical pollution has been reported across the country, particularly in pharmaceutical hubs like Himachal Pradesh, Andhra Pradesh, and Telangana.
  • Untreated waste release into rivers: The release of untreated effluents into the soil and water bodies add to the pollution of the environment during the manufacturing of various pharmaceuticals, including antibiotics. Further, untreated antibiotic residues also accelerate the build-up of antimicrobial resistance (AMR).
  • High emission intensity: Pharma sectors emission intensity is 55 per cent more than the automotive sector.
  • AMR is public health threat: AMR is often dubbed as one of the top 10 public health threats facing humanity. It occurs when disease-causing pathogens develop a resistance against the pharmaceuticals that could have neutralized them. In 2019, AMR accounted for more than half a million deaths in the European region and about five million globally.
  • Accumulation of AMR in ecosystem: The build-up of AMR can happen due to several factors across the human, animal, and environmental ecosystems.

Government policies to prevent Anti-biotic pollution in India

  • National Action Plan on AMR (NAP-AMR): India’s production capacity is all set to expand further with the government’s recent impetus on the domestic production of pharmaceuticals. Against this background, the country’s National Action Plan on AMR (NAP-AMR) called for limiting pharmaceutical pollution.
  • Surveillance of residues discharged: Strategic Pillars 2 and 3 under the NAP-AMR focused on developing frameworks for the surveillance of residues discharged in the environment and developing a plan to reduce the environmental impact on AMR, respectively. However, this policy impetus is yet to translate into on-ground implementation.
  • Benefits to manufacturers with greener practices: The government can take a cue from countries like the United Kingdom, Norway, Sweden and Germany, among others, which have policies in place that provide benefits to manufacturers with greener practices.

How pharmaceutical industry can improve its waste management?

  • Use of innovative technologies: Adopting innovative technology and self-regulation can help the industry reduce its carbon footprint and minimize its environmental impact.
  • State-of-art API technology: Centrient Pharmaceuticals Netherlands BV’s plant at Toansa, Punjab, where the adoption of state-of-art API technology led to a 60-62 per cent reduction in the plant’s carbon footprint.
  • Regulating the discharge: The AMR Industry Alliance (AMRIA) has developed the Predicted No-Effect Concentrations (PNEC) criteria further to facilitate the industry in regulating its discharge of effluents.
  • Strict compliance of guidelines: The compliance to PNEC value for Centrist’s oral API product line and supply chain has helped the company reduce the environmental impact of manufacturing.

Conclusion

  • The containment of AMR in India is crucial for realizing several policy goals, including the United Nations Sustainable Development Goals. While collective action is needed from various stakeholders, the domestic pharmaceutical industry should also take the lead, especially in limiting antibiotic pollution.

Mains Question

Q. Explain the linkages between Anti-biotic pollution and anti-microbial resistance (AMR). How government and pharma industry join the hands to reduce the anti-biotic pollution?

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Finance Commission – Issues related to devolution of resources

The curious case of Fiscal Federalism in India

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Finance commission, NITI Aayog

Mains level: Issues with cooperative Federalism

Federalism

Context

  • NITI Aayog has not taken any major steps since its constitution to promote cooperative federalism. Contrary to its public statements on promoting cooperative federalism, the Government of India has been accused of doing exactly the opposite. The following instances clearly demonstrate as to how the central government’s policies have undermined the spirit of federalism and eroded the autonomy of the States.

Why the states are angry over hypocrisy of the Centre?

  • Centre raises off budget borrowings states are restricted: The borrowings by corporations against State guarantees are mostly used for capital investment. The Centre has also been raising off Budget borrowings but mainly for meeting revenue expenditure.
  • CAG report on extra budgetary resources: The Comptroller and Auditor General of India (C&AG) Report on the Compliance of FRBM Act for 2017-18 and 2018-19 pointed out as many as eight instances of meeting revenue expenditure through Extra Budgetary Resources (EBR).
  • Unjustified limitations on states: Revenue expenditure met through EBR by the Centre amounted to ₹81,282 crore in 2017-18 and ₹1,58,107 crore in 2018-19. Such borrowings were not reflected in the Budget of the central government. In view of this, treating off Budget borrowings of State corporations as States’ borrowings retrospectively is totally unjustified.

Federalism

Unhappiness about the grants by the finance commission’s recommendations?

  • Special grants are not given to states: The Fifteenth Finance Commission, in its first report, had recommended a special grant to three States amounting to ₹6,764 crore to ensure that the tax devolution in 2020-21 in absolute terms should not be less than the amount of devolution received by these States in 2019-20. This recommendation was not accepted by the Union Government.
  • Nutritional grants are accepted: the recommendation relating to grants for nutrition amounting to ₹7,735 crore was not accepted.
  • Grants to states are refused by the Centre: A similar approach has been followed by the Union Government with regard to grants to States recommended by the Finance Commission for the period 2021-26.
  • Sector and state specific grants: The sector specific grants and State specific grants recommended by the Commission amounting to ₹1,29,987 crore and ₹49,599 crore, respectively, have not been accepted. This clearly demonstrates that the Union Government has undermined the stature of the institution of the Finance Commission and cooperative federalism.

How borrowing of the states is controlled by the Centre?

  • Changes in off budget borrowing norms: decision to treat off Budget borrowings from 2021-22 onwards serviced from the State budgets as States’ borrowings and adjusting them against borrowing limits under Fiscal Responsibility and Budget Management (FRBM) in 2022-23 and following years is against all norms.
  • No recommendations by finance commission: This is the first time that the Government of India is proposing to treat off Budget borrowings as government borrowings retrospectively from 2021-22. The Government of India has indicated that such a decision is in accordance with the recommendation of the Finance Commission. In fact, there is no recommendation to this effect by the Fifteenth Finance Commission. The Finance Commission recommended that governments at all tiers may observe strict discipline by resisting any further additions to the stock of off Budget transactions.
  • No amendment to FRBM act: It observed that in view of the uncertainty that prevails now, the timetable for defining and achieving debt sustainability may be examined by a high-powered intergovernmental group and that the FRBM Act may be amended as per the recommendations of this group to ensure that the legislations of the Union and the States are consistent. No such group has been appointed so far by the Centre.

Federalism

Cess and Surcharge- A tool to raise revenue for Centre not available to the states

  • Rising share of cess and surcharges: The government has been resorting to the levy of cesses and surcharges, as these are not shareable with the States under the Constitution. The share of cesses and surcharges in the gross tax revenue of the Centre increased from 13.5% in 2014-15 to 20% in the Budget estimates for 2022-23.
  • States don’t get all share in divisible pool: Though the States’ share in the Central taxes is 41%, as recommended by the Fifteenth Finance Commission, they only get a 29.6% share because of higher cesses and surcharges.
  • Undermining the purpose of cess: The C&AG in its Audit Report on Union Government Accounts for 2018-19 observed that of the ₹2,74,592 crore collected from 35 cesses in 2018-19, only ₹1,64,322 crore had been credited to the dedicated funds and the rest was retained in the Consolidated Fund of India. This is another instance of denying States of their due share as per the constitutional provisions.
  • Increasing centrally sponsor scheme and burden on state: Committee after committee appointed by the Government of India has emphasised the need to curtail the number of Centrally Sponsored Schemes (CSS) and restrict them to a few areas of national importance. But, what the Government of India has done is to group them under certain broad umbrella heads (currently 28). In addition, in 2015, the Centre increased the States’ share in a number of CSS, thereby burdening States. Most of the CSS are operated in the subjects included in the State list. Thus, States have lost their autonomy.
  • NITI Aayoge recommendations are not accepted: The Sub-Committee of Chief Ministers appointed by NITI Aayog has recommended a reduction in the number of schemes and the introduction of optional schemes. These recommendations have not been acted upon.

Federalism

Conclusion

  • Finance commission is balancing wheel of fiscal federalism. Share of states in central taxes may have increased but cess and surcharges have also increased. Off budget borrowing on states can lifted provided should reduce the unnecessary freebies in the state budget.

Mains Question

Q. Fiscal federalism is tilted in favour of Centre. Elaborate. How Cess and surcharges are discriminatory against the state governments?

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Judicial Reforms

Quasi-Judicial Bodies

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Quasi-Judicial Bodies

Mains level: Quasi-Judicial Bodies and its Challenges

Quasi-Judicial

Context

  • There is a class of quasi-judicial agencies that are not discussed in conversations on the pendency of cases. Their failure to administer speedy justice leads to harassment of citizens, besides abetting criminal activity by unscrupulous elements.

What are the quasi-judicial bodies

  • Role of adjudicating the law: A quasi-judicial body is “an organ of Government other than a Court or Legislature, which affects the rights of private parties either through adjudication or rulemaking”.
  • Not a court of law: It is not mandatory that a Quasi-Judicial Body has to necessarily be an organization resembling a Court of Law. For example, the Election Commission of India is also a Quasi-Judicial Body but does not have its core functions as a Court of Law.
  • Some examples of Quasi-Judicial Bodies: Election Commission of India, National Green Tribunal, Central Information Commission (CIC), Lok Adalat etc.

Functioning of quasi-judicial bodies

  • Supervise the administrative disputes: They primarily oversee the administrative zones. The courts have the power to supervise over all types of disputes but the quasi-judicial bodies are the ones with the powers of imposing laws on administrative agencies.
  • Lessen the burden on courts: These bodies support to lessen the burden of the courts. Quasi-judicial activity is restricted to the issues that concern the particular administrative agency. Quasi-judicial action may be appealed to a court of law.
  • Limited role of adjudication: Their powers are usually limited to a particular area of expertise, such as financial markets, employment laws, public standards, immigration, or regulation.
  • Rules of justice are pre-determined: Awards and judgements of quasi-judicial bodies often depend on a pre-determined set of rules or punishment depending on the nature and gravity of the offence committed.
  • Its award can be challenged in court: Such punishment may be legally enforceable under the law of a country it can be challenged in a court of law which is the final vital authority.

Problems faced by quasi-judicial authorities

  • Understaffing of bodies: The maladies that these agencies suffer from are far graver than judicial set-ups, as they are staffed by revenue authorities who have several other functions. Usually, many of these offices are understaffed.
  • More administrative and less judicial work: Their engagement with duties such as law and order, protocol, coordination and other administrative functions leaves them with much less time for court work.
  • Limited access to records: Their access to court clerks and record keepers is limited. Computers and video recorders are not available in many of these courts. Only a few states such as Maharashtra, Madhya Pradesh and Rajasthan have electronic platforms for supporting activities such as the filing of cases, publication of cause lists and sending summons.
  • Lack of knowledge about procedures: Several of the presiding officers lack proper knowledge of law and procedures which has landed many a civil servant in deep trouble in sensitive matters such as those related to arms licences.
  • Data is unavailable: Data on the level of pendency or the speed of disposal is not compiled in many states. This is why there is scarcely any attempt to increase staff strength. There is hardly any public scrutiny say by the press or legislature.

How to improve the functioning of Quasi-judicial bodies?

  • Priority of the government: The government should make the efficient functioning of these agencies a priority and clearly articulate its position on the issue.
  • Collection of data is must: Detailed data on the functioning of these agencies must be collected and published from time to time at least annually.
  • Digitization of judicial data: An electronic platform should be established to handle all ancillary work related to the administration of justice, such as filing of complaints, issue of summons, movement of case records between courts, issuing copies of the judgments and so on.
  • Mandatory annual inspection: annual inspections of the subordinate courts should be made mandatory. This should be an important indicator for assessment by the superior authority.
  • Study on functioning of this bodies: Interdisciplinary research on the functioning of these courts should be encouraged. This would identify the areas of improvement such as legal reforms or issue of clear guidelines.
  • Time to time training of authorities: Regular training and orientation of the adjudicating authorities should be taken up from time to time.
  • State performance index should be published: The state index of performance of these quasi-judicial courts be made and published.
  • Online publication of awards by authorities: Important decisions, guidelines and directions could be compiled and published on the portal of the apex adjudicating forum such as the Board of Revenue.
  • Rigorous induction training: More rigorous induction training of officials handling judicial work would help. The importance of judicial work should be instilled among the trainees and the skill and confidence in handling them should be developed.
  • Procedural reforms: Procedural reforms such as minimizing adjournments, mandatory filing of written arguments and other such reforms proposed by bodies like the Law Commission for reform of the Civil Procedure Code should be adopted by these adjudicating bodies.

Conclusion

  • Quasi-judicial bodies form the substantial institutions of judicial system. It is regularly side-lined when we talk about the judicial reforms. If we could make our quasi-judicial bodies function properly and efficiently, it will reduce the burden on High courts and Supreme court.

Mains Question

Q. Why the quasi-judicial bodies are underperforming in India? Which steps are needed to improve the functioning of quasi-judicial bodies?

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Banking Sector Reforms

India’s Soft Loans to neighbours up to $15 billion

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Soft Loans

Mains level: India's soft loan diplomacy as against China's debt trap diplomacy

The volume of India’s soft loans to neighboring countries has increased from about $3 billion to almost $15 billion in the last eight years.

What are Soft Loans?

  • A soft loan is a loan with no interest or a below-market rate of interest.
  • Also known as “soft financing” or “concessional funding,” soft loans have lenient terms such as-
  1. Namesake interest rate
  2. Extended grace periods in which only interest or service charges are due
  3. Interest holidays
  4. Long tenure up to 50 years
  • Soft loans are often made by multinational development banks such as the Asian Development Fund affiliates of the World Bank etc.

Why are soft loans popular?

  • Diplomatic tool: Soft loans are often offered not only as a way to support developing nations but also to form economic and political ties with them.
  • Economic benefit: Nations exchange credit in return of some important resources.
  • Geopolitics: Soft loans have been an important diplomatic tool to sustain political influence in the neighborhood and beyond as well as counter the growing Chinese presence, especially in Africa.

Pros and cons of Soft Loans

  • Pro: Breaks for Business– Soft loans offer favorable business opportunities.
  • Con: Shaky Returns– The length of time it may take to repay a soft loan could mean the lender is tied to the borrower for an extended number of years.

Did India take any soft loan?

  • For instance, in 2015, Japan offered a soft loan to India to cover 80% of the cost for a $15 billion fund a bullet train project at a less than 1% interest rate.
  • This was done with the caveat that India would purchase 30% of the equipment for the project from Japanese companies.
  • By the time the countries signed a formal agreement, Japan’s commitment increased to 85% of the cost, in the form of soft loans, for a then-estimated $19 billion project cost.

Using soft loans as a diplomatic tool

  • The amount of development assistance India has offered to other nations in 2019-20 was more than twice what it had extended in 2011-12.
  • However, such loans have usually gone to countries in Asia, Africa and Latin America that are lower down the economic strength ladder.
  • India has extended a total of $27.8 billion in lines of credit since 2002-03.

Conclusion

  • Extending development assistance is nothing new for India and about half of the foreign ministry’s budget is made up of grants and loans to foreign governments, especially India’s neighbours.
  • For a country that for long had to rely on international loans to meet key development goals, India understands the diplomatic value of providing a helping hand.

 

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Direct Benefits Transfers

67% drop in PM-KISAN pay-out in 3 years

Note4Students

From UPSC perspective, the following things are important :

Prelims level: PM KISAN

Mains level: Success of the DBT schemes

pm kisan

The number of farmers who received the 11th installment of funds from the Prime Minister’s Kisan Samman Nidhi (PM-KISAN) had fallen by 67%.

What is PM-KISAN?

  • The PM-KISAN Yojana is a government scheme through which, all small and marginal farmers will get up to Rs 6,000 per year as minimum income support.
  • It is a Central Sector scheme with 100% funding from GoI. It has become operational since 1st December 2018.
  • Under the PM-KISAN scheme, all landholding farmers’ families shall be provided with the financial benefit of Rs. 6000 per annum per family payable in three equal instalments of Rs. 2000 each, every four months.
  • The definition of the family for the scheme is husband, wife, and minor children.
  • State Government and UT administration will identify the farmer families which are eligible for support as per scheme guidelines.
  • The fund will be directly transferred to the bank accounts of the beneficiaries.

Note: Aadhaar was made optional for availing the first instalment (December 2018 – March 2019). But now it is mandatory.

Who are NOT eligible for PM-KISAN?

The following categories of beneficiaries of higher economic status shall not be eligible for benefit under the scheme.

  • All Institutional Landholders

Farmer families that belong to one or more of the following categories:

  • Former and present holders of constitutional posts
  • Former and present Ministers/ State Ministers and former/present Members of Lok Sabha/ Rajya Sabha/ State Legislative Assemblies/ State Legislative Councils, former and present Mayors of Municipal Corporations, former and present Chairpersons of District Panchayats.
  • All serving or retired officers and employees of Central/ State Government Ministries
  • All superannuated/retired pensioners whose monthly pension is Rs.10,000/-or more. (Excluding Multi-Tasking Staff / Class IV/Group D employees) of the above category
  • All Persons who paid Income Tax in the last assessment year
  • Professionals like Doctors, Engineers, Lawyers, Chartered Accountants, and Architects registered with Professional bodies and carrying out the profession by undertaking practices.

Note: It is not so easy to remember all such exclusions. But one must be able to recognize them by applying pure logic and thumb rule. This can be well understood from the PYQ given.

Plus, West Bengal is yet to implement the PM-KISAN scheme while the farmers have completed their registrations!

Why in news?

Ans. Fall in number of beneficiaries

  • PM Kisan was one of the largest Director Benefits Transfer schemes in the world and certain higher income categories of farmer families were excluded from the benefits.
  • But 67% reduction in overall beneficiaries clearly points to exclusion of eligible beneficiaries too.
  • Only about three crore farmers in India had received all the 11 instalments.

How are states responsible?

  • The responsibility of maintaining the data of beneficiaries, remained with the States.
  • The Scheme extensively uses digital technologies to verify eligibility of farmers.
  • States/ UTs upload the data of eligible farmers after verification of the farmers, in terms of eligibility and exclusion criterion prescribed under the scheme.
  • The data of farmers so uploaded by States goes through several validations, through the portals of UIDAI, PFMS, Income Tax Portal and NPCI.

Try this PYQ:

Q.Under the Kisan Credit Card Scheme, short-term credit support is given to farmers for which of the following purposes? (CSP 2020)

  1. Working capital for maintenance of farm assets
  2. Purchase of combine harvesters, tractors and mini trucks
  3. Consumption requirements of farm households
  4. Construction of family house and setting up of village cold storage facility
  5. Construction of family house and setting up of village cold storage facility

Select the correct answer using the code given below:

(a) 1,2 and 5 only

(b) 1,3 and 4 only

(c) 2,3,4 and 5 only

(d) 1, 2, 3 and 4

 

Post your answers here.

 

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Electoral Reforms In India

Arun Goel appointed as Election Commissioner

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Election Commissioner, ECI

Mains level: NA

Former secretary of the Ministry of Heavy Industries Arun Goel has been appointed as the Election Commissioner.

About Election Commission of India (ECI)

  • The ECI is a constitutional body was established by the Constitution of India to conduct and regulate elections in the country.
  • Article 324 of the Constitution provides that the power of superintendence, direction, and control of elections.
  • The body administers elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies, State Legislative Councils and the offices of the President and Vice President of the country.
  • Thus, the Election Commission is an all-India body in the sense that it is common to both the Central government and the state governments.
  • The Election Commission operates under the authority of Constitution per Article 324 and subsequently enacted Representation of the People Act.

Composition of ECI

  • The ECI was established in 1950 and originally only had one Chief Election Commissioner.
  • Two additional Commissioners were appointed to the commission for the first time during the 1989 General Election, but they had a very short tenure, ending on 1 January 1990.
  • The Election Commissioners are assisted by Deputy Election Commissioners, who are generally IAS officers.
  • They are further assisted by Directors General, Principal Secretaries, and Secretaries and Under Secretaries.
  • At the state level, Election Commission is assisted by the Chief Electoral Officer of the State, who is an IAS officer of Principal Secretary rank.
  • At the district and constituency levels, the District Magistrates (in their capacity as District Election Officers), Electoral Registration Officers and Returning Officers perform election work.

Tenure

  • The tenure of election commissioners is not prescribed by Indian Constitution.
  • However, the Election Commission conduct of service Act, 1991 prescribes the term of service.
  • Chief Election Commissioner or an Election Commissioner shall hold office for a term of six years, or up to the age of 65 years, whichever is earlier, from the date on which he/she assumes his/her office.

Removal from office

  • The Chief Election Commissioner of India can be represented removed from their office in a manner similar to the removal of a judge of the Supreme Court of India.
  • It requires a resolution passed by the Parliament of India a two-thirds majority in both the Lok Sabha and the Rajya Sabha on the grounds of proved misbehaviour or incapacity.
  • Other Election Commissioners can be removed by the President of India on the recommendation of the Chief Election Commissioner.
  • A Chief Election Commissioner has never been impeached in India.

Recent incidence of criticisms of ECI

Ans. Partiality in Elections

  • Over the last couple of years, several actions and omissions of the commission have come in for criticism.
  • Nearly 66 former bureaucrats in a letter addressed to the President, expressed their concern over the working of the Election Commission.
  • They felt was suffering from a credibility crisis, citing various violations of the model code of conduct during the 2019 Lok Sabha Elections.

Importance of ECI for India

  • Conduction of Election: The ECI has been successfully conducting national as well as state elections since 1952.
  • Electoral participation: In recent years, however, the Commission has started to play a more active role to ensure greater participation of people.
  • Discipline of political parties: It had gone to the extent of disciplining the political parties with a threat of derecognizing if the parties failed in maintaining inner-party democracy.
  • Upholds federalism: It upholds the values enshrined in the Constitution viz, equality,
    equity, impartiality, independence; and rule of law in superintendence, direction, and control over electoral governance.
  • Free and fair elections: It conducts elections with the highest standard of credibility, freeness, fairness, transparency, integrity, accountability, autonomy and professionalism.

Issues with ECI

  • Flaws in the composition: The Constitution doesn’t prescribe qualifications for members of the EC. They are not debarred from future appointments after retiring or resigning.
  • No security of tenure: Election commissioners aren’t constitutionally protected with security of tenure.
  • Partisan role: The EC has come under the scanner like never before, with increasing incidents of breach of the Model Code of Conduct in the 2019 general elections.
  • Political favor: The opposition alleged that the ECI was favoring the ruling party by giving clean chit to the model code of conduct violations made by the PM.
  • Non-competence: Increased violence and electoral malpractices under influence of money have resulted in political criminalization, which ECI is unable to arrest.

 

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GI(Geographical Indicator) Tags

A&N’s first application for GI tag for the Nicobari Hodi Craft

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Nicobari Hodi, GI Tag

Mains level: Not Much

hodi

The Geographical Indications Registry at Chennai, has received an application from the Tribal Development Council, Andaman & Nicobar Islands, seeking the GI tag for the Nicobari hodi craft.

Why in news?

About Nicobari Hodi Craft

  • The hodi is the Nicobari tribe’s traditional craft.
  • It is an outrigger canoe, very commonly operated in the Nicobar group of islands.
  • The hodi is built using either locally available trees or from nearby islands, and its design varies slightly from island to island.
  • Hodis are used for transporting people and goods from one island to another, for sending coconuts, for fishing and racing purposes.
  • The tuhet, a group of families under a headman, consider the hodi an asset.
  • Hodi races are held between islands and villages.
  • The technical skills for building a hodi are based on indigenous knowledge inherited by the Nicobarese from their forefathers.

How many GI tags have been accorded so far?

  • The Geographical Indications Registry, established in Chennai in September 2003, has received over 1,000 applications.
  • An application seeking GI tag for the Banaras’ thandai (a beverage made with milk, dry fruits and spices) was the 1,000th application.
  • Data shows that, as on date, around 1,015 applications have been filed at the Chennai office and of them, GI tags have been given to 422 products.

Back2Basics:  Geographical Indication

  • A GI is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin.
  • Nodal Agency: Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry
  • India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration and Protection) Act, 1999 w.e.f. September 2003.
  • GIs have been defined under Article 22 (1) of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement.
  • The tag stands valid for 10 years.

 

 

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Trade Sector Updates – Falling Exports, TIES, MEIS, Foreign Trade Policy, etc.

Everything you need to know about ‘Friendshoring’

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Friendshoring

Mains level: Not Much

friendshoring

In her visit to India last week, US secretary of treasury Janet Yellen reiterated her country’s stance of pushing for “friendshoring” to diversify away from countries that present geopolitical risk.

What is Friendshoring?

  • Friendshoring is a strategy where a country sources the raw materials, components and even manufactured goods from countries that share its values.
  • The dependence on the countries considered a “threat” to the stability of the supply chains is slowly reduced.
  • It is also called “allyshoring”.
  • Apple’s announcement to shift its iPhone manufacturing facilities from China to India.

US push for friendshoring

  • In the current case, Yellen said that Russia has long presented itself as a reliable energy partner, but in the Ukraine war, Putin has weaponized the gas “against the people of Europe”.
  • Another country Yellen mentioned in her speech was China.
  • She said it currently controls over 80 per cent of global solar panel production.
  • However, there are reports that in parts of the country, like Xinjiang, the production of panels takes place through forced labour.

Issues with friendshoring

  • Friendshoring may push the world towards a more isolated place for trade and reverse the gains of globalisation.
  • It is a part of the “deglobalisation” process.
  • While moving supply chains away from East Asia could increase security in the long run, an ill-conceived implementation of this friendshoring strategy could result in price hikes and a stronger China over time.

 

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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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