From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Impact of climate change on human health
A recent report by Lancet, has traced in detail the intimate link between changing weather events and their impact on the health of people.
What is the news?
The 2022 Lancet Countdown on Health and Climate Change: Health at the Mercy of Fossil Fuels points out that the world’s reliance on fossil fuels increases the risk of disease, food insecurity and other illnesses related to heat.
Impact of climate change on health
(1) Extreme Events
Heatwaves: The Lancet report indicates that rapidly increasing temperatures exposed vulnerable populations (adults above 65 years old and children younger than 1) to 3.7 billion more heatwave days in 2021 than annually in 1986–2005.
Shift in patterns: There is no doubt that events such as floods, droughts and recurrent cyclones are direct outcome of climate change.
(2) Impact on health
Infectious diseases: The changing climate is affecting the spread of infectious disease, raising the risk of emerging diseases and co-epidemics. For instance, coastal waters are becoming more suited for the transmission of Vibrio pathogens.
More vector borne diseases: The number of months suitable for malaria transmission has increased in the highland areas of the Americas and Africa.
More lives loss: The WHO has predicted that between 2030 and 2050, climate change is expected to cause approximately 2,50,000 additional deaths per year, from malnutrition, malaria, diarrhoea and heat stress.
Others: Low air quality, Rise in zoonotic diseases.
(3) Food security
Crop loss: Higher temperatures threaten crop yields directly, with the growth season shortening for many cereal crops.
Malnutrition: The prevalence of undernourishment increased during the COVID-19 pandemic, and up to 161 million more people faced hunger in 2020 than in 2019.
Way forward
Health-centred response: A health-centred response to the coexisting climate, energy, and cost-of-living crises provides an opportunity to deliver a healthy, low-carbon future.
Realization of the problem: The governments’ commitment to assess and address the threats from climate change, are positive signs, the report stresses.
Holistic approach: This is the way a health-centred response would work – it would reduce the likelihood of the most catastrophic climate change impacts, while improving energy security and creating an opportunity for economic recovery.
Shift in dietary patterns: The report also calls for an accelerated transition to balanced and more plant-based diets, as that would help reduce emissions from red meat and milk production, and prevent diet-related deaths.
Easing the healthcare: The report emphasizes reducing the strain on health-care providers, and leading to more robust health systems.
Prelims Only | Economics | Mains Paper 3: Effects Of Liberalization On The Economy, Changes In Industrial Policy and their effects on Industrial Growth
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Vostro and Nostro Accounts, SWIFT
Mains level: Rupee-Ruble Trade
Russian banks have been permitted by the RBI to open special Vostro accounts to pave the way for rupee-based export-import transactions.
Why such move?
Logged out of SWIFT -the messaging service to facilitate and confirm cross-border payments – most Russian banks are looking for alternative ways.
India and several other countries too want a way out so that trade can continue.
India and Russia are now exploring to directly trade in rupee-ruble.
And this is where Nostro and Vostro may come into play.
What is a Vostro Account?
A Vostro account is defined as an account that a correspondent bank holds on behalf of another bank.
Vostro is a Latin word that means “your”, therefore, a vostro account implies that it is “your account”.
An example of such an account would be HSBC vostro account is held by SBI in India.
Understanding a Vostro Account
The banks are acting in a fiduciary relationship and they share a principal-agent relationship.
The correspondent foreign bank is a financial intermediary in the transactions that they are involved in.
The foreign bank acts as an agent that provides services such as executing wire transfers, performing foreign exchange, enabling deposits, enabling withdrawals, expediting international trade on behalf of the domestic bank.
It is most used in settlement of foreign exchanges or foreign trade.
No interest will be paid on the vostro account maintained, as per the directives that have been issued by the RBI in India.
An overdraft facility can only be availed if it is specifically sanctioned.
Other related terms: Nostro and Loro Accounts
Vostro and Nostro accounts are often confused to be the same.
While in essence, it is the same account that is being spoken about, the perspective from which it is being seen matters.
In a vostro account, it is the correspondent foreign bank point of view, whereas in a nostro account, it is the point of view of the domestic bank.
Vostro accounts are maintained in the domestic currency whereas, nostro accounts in foreign currency.
A Loro account is a current account that is maintained by one domestic bank for another domestic bank in the form of a third party account, unlike nostro and vostro which is bilateral correspondence.
Why is it used?
This account serves as an economic way for small domestic banks to access the financial resources and services of a larger foreign bank.
Enables one to offer international banking solutions to a customer without opening a bank branch in a foreign nation.
It minimizes the time for transfer of funds.
Closely monitored nostro accounts can be used for better reconciliation of statements.
From UPSC perspective, the following things are important :
Prelims level: Birsa Munda
Mains level: Not Much
On the occasion of the birth anniversary of tribal leader Birsa Munda, the Centre marked the second Janjatiya Gaurav Divas on November 15 to celebrate the contributions of tribal communities to Indian culture.
Who was Birsa Munda (1875-1900)?
Birsa Munda was a tribal freedom fighter, religious leader, and folk hero who belonged to the Munda tribe.
He spearheaded a tribal religious millenarian movement that arose in the Bengal Presidency (now Jharkhand) in the late 19th century, during the British Raj.
His legacy
(A) Birth and early childhood
Born on November 15, 1875, Birsa spent much of his childhood moving from one village to another with his parents.
He belonged to the Munda tribe in the Chhotanagpur Plateau area.
He received his early education at Salga under the guidance of his teacher Jaipal Nag.
On the recommendation of Jaipal Nag, Birsa converted to Christianity in order to join the German Mission school.
He, however, opted out of the school after a few years.
(B) New faith ‘Birsait’ against religious conversion
The impact of Christianity was felt in the way he came to relate to religion later.
Having gained awareness of the British colonial ruler and the efforts of the missionaries to convert tribals to Christianity, Birsa started the faith of ‘Birsait’.
Soon members of the Munda and Oraon community started joining the Birsait sect and it turned into a challenge to British conversion activities.
The Mundas called him Dharati Aaba, the father of earth.
(C) The Ulgulan
The Great Tumult or Ulgulan was a movement started by Birsa Munda against the exploitation and discrimination against tribals by the local authorities.
Although the movement failed, it did result in the Chotanagpur Tenancy Act which forbade tribal lands passing to non-tribals, protecting their land rights for the foreseeable future.
(D) Death
On March 3, 1900, Birsa Munda was arrested by the British police while he was sleeping with his tribal guerilla army at Jamkopai forest in Chakradharpur.
He died in Ranchi jail on June 9, 1900, at the young age of 25.
(E) Creation of Jharkhand
Birsa Munda’s achievements are known to be even more remarkable by virtue of the fact that he came to acquire them before he was 25.
In recognition of his impact on the national movement, the state of Jharkhand was created on his birth anniversary in 2000.
Try this PYQ from CSP 2020
With reference to the history of India, “Ulgulan” or the Great Tumult is the description of which of the following event?
op-ed snap | Governance | Mains Paper 2: Governance, Transparency & Accountability, Citizens Charters,Representation Of People's Act
Note4Students
From UPSC perspective, the following things are important :
Prelims level: ECI and its mandate,
Mains level: Issues with the electoral bonds and political parties funding mechanism
Context
Elections are to democracy what financial markets are to the economy. The absence of an omnibus law to regulate elections and political parties in India is a legislative gap waiting to be filled.
Significance of political parties in democracy
A political party is an organized group of citizens who hold common views on governance and act as a political unit that seeks to obtain control of government with a view to further the agenda and policy they profess.
Political parties maintaina continuous connection between the people and those who represent them either in government or in the opposition.
Political parties in India are extra-constitutional, but they are the breathing air of the political system.
Current procedure of recognizing and regulating the political parties In India
Registration of political parties: The Representation of the People Act 1951 was amended in 1988 to add a new section IVA on “Registration of political parties” by which the Election Commission of India (ECI) exercises its mandate for superintendence, direction, and control of elections under Article 324 of the Constitution of India.
Recognition as national or state political party: Association of citizens can apply to the ECI to be registered by submitting its Memorandum of Association and swearing allegiance to the Constitution. It requires fulfilment of performance criteria, including a minimum share of the electoral votes cast in the last election and the number of seats won to become a recognized national or a state party.
A regulatory gap in Municipal political parties: Municipalities became the third level of government, three decades ago in 1992, through the 74thconstitutional amendment. But a parallel recognition for political parties operating only at the municipal level is yet to be conceptualized.
Mechanism of Election funding
Encouraging private corporates and individual investment: Indian government does not directly fund election campaigns of parties or independents. However, it has made political parties exempt from income tax, to encourage private corporate and individual investment in building political parties.
Limit on election campaign expenditure: The ECI set upper-end limits (January 2022) for election campaign expenditure in parliamentary seats at INR9.5 million and INR4 million in state legislature seats.
Electoral bonds to end large cash payments in election finance.
Scheme of electoral bonds:
A publicly owned commercial bank, with the largest network of branches is the only designated vendor.
Bonds remain valid for 15 days within which they can be encased through the bank account of the selected political party.
The purchaser-donor enjoys tax credits on the purchased bonds as in any other donation to charities.
Association of democratic records: The idea was to facilitate large donors, preferring anonymity whilst donating funds for elections, with an alternative to cash payments.
What is the cause of concerns over the electoral bonds?
Anonymity of the electoral bonds: The anonymity afforded by the bonds is primarily versus citizens.
Bond vendor is a government owned bank: SBI is a government-owned bank, which can be persuaded by the government into sharing data informally regarding the bond purchases and encashments by political parties
What can be done to ensure the security of the donor?
Bond Digitization: Bonds should be digitized and the privacy of the transfer should be protected through encryption.
Authorized access: Redemption is through banking the audit trail of the donor and the recipient would exist for authorized access.
Enhancing transparency with ECI: Transparency should be enhanced whilst protecting anonymity by authorizing ECI to collect and publish de-personalized information.
Personal data should be accessed with the specific orders only: Access for security and criminal investigation agencies to the personal data should come via a specific order of the ECI allowing such privileged access.
Strict Supervision of political parties: Poor Intra-party governance is concentrated in the Registered Unrecognize Political Parties (RUPP). Most are in breach of their undertaking to fight an election within five years and remain active thereafter.
Strengthen the Regulatory compliance: The benefit of income tax exemption should only be available after registered parties demonstrate a five-year record of compliance with the regulations.
Enforce inner-party democracy and avoiding conflict of interest: Making party members occupying party positions, ineligible for holding executive positions in government. This is necessary to create a complete segregation of functions within the ruling party and the government
Empower ECI to regulate political parties: The misuse of the fiscal privileges afforded to political parties can be minimized through targeted regulatory tweaks, within the existing construct of private financing and the inner functioning of parties improved through targeted regulation.
Conclusion
“Secrecy is a darkness where corruption gets nurtured”. Funding to the political parties need to be transparent. Transparent funding will pave the way for level playing field for all the political parties.
Mains Question
Q. What are the pitfalls of anonymous political funding through electoral bonds. Suggest solutions to ensure the transparent political funding.
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Cyber crimes and online safety of Women
Context
India has one of the youngest youth demographics in the world and among the most active online. As online interactions increase, more content is created and shared among people, helping them form new and wonderful connections. Sometimes, however, these interactions also make them vulnerable to harm.
Sharing embarrassing and cruel content about a person to impersonation
Stalking and electronic surveillance
Non-consensual use of photography
Violent threats and hate speech
Defamation
Flaming- use of vitriolic and hostile messages including threats, insults
Trolling
The online harassment of women, sometimes called Cyber-sexism or cyber-misogyny, is specifically gendered abuse targeted at women and girls online.
It incorporates sexism, racism and religious prejudice.
How women disproportionately get affected?
Often women are blamed: Often, crimes that disproportionately impact women devolve into mass panic and lead to an all too predictable top-down discourse around the need to protect our sisters and daughters.
Curbing the freedom of Women: The reaction, however well intentioned, will end up denying women their freedom and agency by their so-called protectors, many of whom are simply telling women to go offline, to be ashamed of expressing themselves, to stay in their lane.
What is role of intermediaries in preventing such abuses?
Making intermediary liable: As of now, the intermediaries are not liable for any third-party data or communication link hosted or stored by them.
Mandatory Data retention by intermediaries: They are required to retain the requisite data for duration as prescribed by the Government and supply the same to the authorities concerned, as and when sought.
Punishment for Non-compliance is: Highlighting any contravention attracts punishment as prescribed under the IT Act.
What are the Steps taken by the Government?
IT rules 2021: The Ministry of Electronics and Information Technology notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
Defined Categories of abuse: They include contents that are defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, etc.
Prohibition on derogatory publications: The intermediaries, on the direction of the court or appropriate government agency, are prohibited from hosting, storing or publishing any information declared unlawful.
Removal of content within 24 hours: Within 24 hours from the receipt of a complaint from, or on behalf of, an individual about any offensive content, they are required to take all reasonable and practicable measures to remove or disable access to it.
Meetings of parliamentary committees: Various parliament committees in India have held meetings to discuss the issue of online safety of women over the years, and part of the government’s motivation in notifying the new IT rules had been rooted in the growing concern regarding the safety and security of users, particularly women and children. These are very good tangible steps.
Amendment in IT act should include the concerns of women: With the IT Act coming up for a rehaul, there is an opportunity to discuss in detail the nature of technology-facilitated abuse, capturing what this means, understanding how cases impact individuals as well as communities, the language needed to capture such offences and the punishment penalties, jail or even rehabilitation programmes for perpetrators. This could be the start of an era of evidence-based discussion.
Conclusion
Despite these efforts, it is clear that women in India won’t feel safe online anytime soon unless society lets them. What could be helpful here is to elevate the public discourse around technology-facilitated abuse.
Mains Question
Q. How women are vulnerable against online abuse? What is the role of Intermediaries in online abuse case? What are governments efforts to make women friendly cyberspace?
From UPSC perspective, the following things are important :
Prelims level: MARS alert system, global Methane pledge, Methane
Mains level: MARS alert system, Methane emission
Context
A new satellite-based system will now help governments detect methane emissions and tackle them. The Methane Alert and Response System (MARS) was launched at the 27th Conference of Parties (COP27) to the United Nations Framework Convention on Climate Change in Sharm El-Sheikh, Egypt.
What is Methane Alert and Response System (MARS)?
MARS is a part of global efforts to slow climate change by tracking the global warming gas.
The system will be the first publicly available global system to connect methane detection to notification processes transparently.
The data-to-action platform was set up as part of the UN Environment Programme’s (UNEP) International Methane Emissions Observatory (IMEO) strategy to get policy-relevant data into the right hands for emissions mitigation.
How the “MARS” will work?
The Methane Alert and Response System, or MARS, will integrate data from a large number of existing and future satellites to identify significant methane emission events anywhere in the world.
It will send out notifications to the relevant stakeholders and support and track mitigation progress.
According to the UN statement MARS will track the large point emission sources, mainly in the fossil fuel industry, but with time, would be able to detect emissions from coal, waste, livestock and rice fields as well.
UNEP will continue to monitor the event location and make the data and analysis available to the public between 45 and 75 days after detection.
Methane a dangerous greenhouse gas
A major greenhouse gas: Methane is the second-most common of the six major greenhouse gases, but is far more dangerous than carbon dioxide in its potential to cause global warming.
One of major contributor of GHG emissions: Contribution Accounting for about 17 per cent of the current global greenhouse gas emissions.
One of the key reasons behind Temperature rise: Methane is blamed for having caused at least 25 to 30 per cent of temperature rise since the pre-industrial times.
Methane largely a Sectoral gas: Unlike carbon dioxide, methane is largely a sectoral gas, and there are only a few sources of emission.
Few sources large emissions of methane: The global warming potential of methane is about 80 times that of carbon dioxide. It accounts for a small portion of human-induced greenhouse gas emissions compared to carbon dioxide.
To achieve the target set by Global methane pledge: At the Glasgow climate conference last year, nearly 100 countries had come together in a voluntary pledge the Global Methane Pledge to cut methane emissions by at least 30 per cent by 2030 from the 2020 levels. More countries have joined in this initiative since then, bringing the total to nearly 130.
To keep the temperature, rise below 5-degree Celsius: A 30 per cent reduction in methane emissions by 2030 is expected to result in avoiding 0.2 degree rise in temperature by the year 2050, and is considered absolutely essential in the global efforts to keep the temperature increase below the 1.5-degree Celsius target. This is a global, not a national reduction target.
Reducing methane emissions from the atmosphere provides multiple benefits: Methane being a sectoral gas with few sources of emission, it is possible to cut down on methane emissions without having widespread impact on the economy, a reduction in methane emissions brings big benefits in a short time.
MARS Provides technical and advisory to the partners: If requested, MARS partners will also provide technical or advisory services, such as help in assessing mitigation opportunities.
All you need to know about Conference of Parties (COP).
Unless the parties decide otherwise, every year The United Nations Framework Convention on Climate Change (UNFCCC) convenes what is called a Conference of Parties (COP), a meeting that brings together leaders and delegates from around the world to strengthen their commitments and actions against specific climate change goals.
The parties are the 198 countries that ratified the UNFCCC.
The UNFCCC is an international treaty focused on preventing dangerous human interference with the climate system, primarily by stabilizing greenhouse gas (GHG) emissions.
Conclusion
Cutting methane is the fastest opportunity to reduce warming and keep 1.5°C within reach, and this MARS a new alert and response system is going to be a critical tool for helping all of us deliver on the Global Methane Pledge.
Mains Question
Q. Methane is thought to be 80 times more efficient than carbon dioxide at trapping atmospheric heat in the 20 years following its release. Discuss how MARS a new alert system would be helpful to keep the temperature rise below 1.5 degree Celsius?
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Independent judiciary , issues of accountability and credibility of Higher courts
Context
The reach of India’s highest court is all-pervasive. The Supreme Court sits in final judgment over decisions not only of the high courts in the states, but also over a hundred tribunals, central and state, functioning throughout India. Hence the accountability of apex court crucial for judicial system in India.
Brief in other words: Significance of judiciary
Decisions of Courts are binding on all: The law declared by the Supreme Court, its pronouncements on the constitutional validity of enacted law, including constitutional amendments, is binding on all other courts and authorities in the country (Article 141).
Executive and legislature are under the scrutiny of Courts: There is virtually no area of legislative or executive activity which is beyond the court’s scrutiny.
High courts are not ready to reform themselves: In the Salem Advocate Bar Association case, the justices had requested the high courts to implement the detailed blueprint on case management most of them have not.
Limitations of supreme court to govern the High courts: Supreme court could not direct the high courts to do so because under our constitutional scheme the latter are autonomous constitutional bodies not subject to administrative directions of the Supreme Court.
Self-accountability in administrations of courts: It is in the high courts that there are now left the largest number of roadblocks and delays; in their administrative functioning the high courts are answerable to no one but themselves. This often enables the Supreme Court to plead helplessness, hardly a good augury for integrated court-management.
How judiciary can maintain its credibility and accountability?
Judiciary need to Preserve the independence: the judiciary as an institution needs to preserve its independence, and to do this it must strive to maintain the confidence of the public in the established courts.
Judges should safeguard the judges: The independence of judges is best safeguarded by the judges themselves through institutions and organisations that the law empowers them to set up, to preserve the image of an incorruptible higher judiciary that would command the respect of all right-thinking people.
Reform on case management: A bench of three justices of the Supreme Court, in a judgment delivered in August 2005, had drawn up a fine blueprint on case-management, on how to make recent amendments in our procedural laws work on the ground, and how to get more cases moving along: For instance, on three different tracks, fast track, normal track and slow track.
Supreme court should directly administer High courts: It is time that the Supreme Court be entrusted with direct responsibility for the functioning of the high courts: Only then can the highest court be an effective apex court, only then can the Supreme Court be made answerable, as it should be, for judicial governance for the entire country.
Public disclosure of income by judges: Judges must make annual financial disclosure statements, not privately to their respective chief justices, but publicly. It is done by justices of the Supreme Court.
How judiciary in USA maintain its credibility and accountability?
Judicial council act: In the United States, under the Judicial Councils Act, 1980, task of judicial independence has been gladly undertaken by the judges. But regrettably, so far, there is no law in India to guide our judges only “guidelines”. There is a felt need for a law.
Judges investigate the judges: The 1980 US Act confers powers on bodies comprised of judges to take such action against a federal judge “as is appropriate, short of removal.”
A case study of America: Under this law, some time ago, a committee of fellow judges had investigated complaints against a federal district judge, John McBryde; the Judicial Council reprimanded him and suspended him from hearing new cases for a year.
Corruption Investigation Not violating the judicial independence: McBryde challenged the decision. He argued that the 1980 law violated the judicial independence which the US Constitution had guaranteed to life-tenured federal judges; But a US Court of Appeals rejected all these pleas.
Oversight of judges is not interference: It accepted the argument of the US Solicitor-General that judicial independence, protected by Article III of the US Constitution, was meant to insulate judges from interference from other branches of government and not from oversight by other judges.
Conclusion
In India, in the past and in recent times, some things have gone wrong. And citizens need the reassurance of a system of judicial accountability a remedial mechanism which will protect the higher judiciary from some of its own members who have gone astray. Such reassurance can only be provided by enacting a law on the lines of the American model.
Mains Question
Q. What are the reasons for very less accountability in higher judiciary in India? How corruption in higher judiciary is addressed in USA?
From UPSC perspective, the following things are important :
Prelims level: Articles 21
Mains level: issues over the Right to Privacy, Social media and privacy
Context
The recent outrage over the unauthorized video of cricketing superstar Virat Kohli’s hotel room in Perth including glimpses of his private spaces and objects is best viewed through an understanding of the changed landscape of the “private” and the “public” in our times. It is a topography shaped through our engagements with social media of different kinds.
What does the Constitution say?
Fundamental right under Article.21: Article 21 is also known as the heart of the constitution; this right is granted to citizens of India as well as the non-citizens. This fundamental right not only talks about life and liberty but it also covers wide variety of rights.
Interpretation of Maneka Gandhi v. Union of India and Anr (1978): The interpretation of the term Personal Liberty has been discussed in many cases and finally had a wider interpretation in the case of Maneka Gandhi v. Union of India and Anr (1978) here the Delhi Regional officer ordered the petitioner Maneka Gandhi to surrender her passport within 7 days without giving her proper reason for the same.
Supreme court on Personal liberty: The Supreme Court held that ‘Personal Liberty’ covered variety of rights and that such right could only be taken away according to the procedure established by law which had to be just, fair and reasonable and not arbitrary in nature. Personal liberty means various rights that provide for personal liberty of a person.
Right to privacy: In Article 21 the term Right to Life includes right to participate in activities, right to tradition, heritage, culture, livelihood and so on. One of the most important right to live also includes Right to Privacy. Each and every human being would want some privacy in their life. No one would want others to intrude in their private space and disturb the happiness and peace.
Not in the original constitution: This right of privacy was not granted to the citizens for a long time and there had been a lot of debate going on about the same, there is no explicit provision in the constitution which emphasizes about the right to privacy.
Data is fundamental to the privacy: Even the data we save in our mobile phones and laptops are also our private data which needs to be protected, if the data is stolen our right to privacy is lost and fundamental right is infringed. Unprotected data causes a disturbance in the right to privacy.
Some of the Important cases related to right to privacy
Kharak Singh V. The State of U.P.(1962): The discussion about the right to privacy first came up in the case of Kharak Singh V. The State of U.P.(1962) Kharak Singh’s house was visited by the police at strange hours, frequently waking him up from his sleep, it was held by the court that this infringed his ‘right to life’ but however court dismissed the petitioner’s allegation that the shadowing of chronic criminals infringed on his right to privacy as at that time the right to privacy was not recognised as the Fundamental Right.
Rajagopal v. State of Tamil Nadu (1994): With the case of R. Rajagopal v. State of Tamil Nadu (1994) where this case prepared the way for subsequent decisions on the Right to Privacy, paving the way for it to be included in the Fundamental Rights given under Part III of the Constitution.
X v. Hospital Z case (1998): There are reasonable restrictions for this right about which it was held by the Supreme Court in the case of Mr. X v. Hospital Z (1998) here the appellant Mr. X was tested positive for HIV about which the doctors informed someone else without his consent because of which marriage of Mr. X was called off, the appellant approached the court stating that his right to privacy was violated. The court here held that this fact has to been known to the person whom he marries as this fact would affect her life as well as it being a communicable disease and that there is no violation to the ‘Right of Privacy’ of Mr. X.
The landmark case of K.S. Puttaswamy v/s Union Of India 2017.
Right to privacy is fundamental right: In the landmark case K.S. Puttaswamy V. Union of India which was passed in the year 2017, Right to Privacy was recognised as Fundamental Right and was then enshrined in Article 21 as a Right to life and personal liberty.
Social media endangered the privacy: Judges held that because there is enormous technical advancement both state and non-state factors may be at risk of loss of privacy, also it was held that an Individual is very concerned with his / her personal Data, they control their data and what to be posted on social media what to be displayed to the public and what to hide from outsiders, so unauthorized use of such information by anyone else except to whom that information belongs to may lead to violation of individuals privacy.
Privacy is integral to fundamental rights: On 24th August 2017 the nine-judge bench of India passed a unanimous historic Judgement with concurring opinions. Part III of the Indian constitution lays down different articles for the protection of one’s Fundamental Rights. The judgement stated privacy to be an integral component of Part III.
Overturning the previous judgements: The bench recognized that the right to privacy should also be a key element of Fundamental Rights and should be included in Article 21 of right to life and personal liberty. In this judgement the decisions given in the case of Kharak Singh V. The State of U.P. (1962) and MP Sharma V. Satish Chandra (1954) were overruled.
Conclusion
The great deal of hand wringing over the invasion of Virat Kohli’s privacy has been accompanied by seemingly endless circulation of the video clip. The line between outrage and enjoyment is as unclear as that between the alternating desire for publicity that ethereal frisson of celebrity-ness and revulsion over too much of it.
Mains Question
Q. How right to privacy is integral part of right to life? How social media affected the privacy of individual and enlist the solutions associated with it.
From UPSC perspective, the following things are important :
Prelims level: COP-27
Mains level: Energy inequality, Climate actions and related issues
Context
27th Conference of Parties (COP27, beginning November 6, in Egypt) of the United Nations Framework Convention on Climate Change (UNFCCC).
Realization of climate action: Birth of UNFCCC
The idea led to the formation of the United Nations Framework for Climate Change Convention (UNFCCC, also known as ‘The Convention’) in 1992, at the Earth Summit in Rio de Janeiro.
The convention divided the countries on the basis of their differing commitments: Annex I and II consisted of industrialized and developed countries and Non-Annex I comprised developing countries.
Summary of COP26
Inadequate reduction commitment: In the runup to COP26, last year in Glasgow, several developed countries had declared their intention to reach net zero emissions by 2050. These declarations did not square with the requirements of “keeping 1.5 deg. C alive”.
Global carbon budget: Four fifths of the global carbon budget to limit warming to 1.5°C (with 50% probability) has already been exhausted. Developed countries are responsible for more than half of these historical CO2 emissions. Nevertheless, there was much celebration of these targets.
Politics over phasing out coal: There was also high drama at COP26, with moral grandstanding by many developed country negotiators who invoked the future of their children, because India and other countries understandably balked at the singling out of any one fossil fuel for immediate action.
Developed countries didn’t meet the commitment: It is important to recall some of these shenanigans at COP26, as in the last year, it has become clear that developed countries may be unlikely to meet even the inadequate targets they have set, keeping to the trend of the last three decades.
What is the present energy situation in developing countries?
Energy poverty concentrated in the developing countries: Global energy poverty is concentrated in the developing countries. In 2021, 733 million people had no access to electricity and almost 2.6 billion people lacked access to clean fuels and technologies.
The average per capita energy: Energy use of the richest 20 countries is 85 times higher than that of the 20 poorest countries. Addressing this stark energy poverty in developing countries is important because there is a strong correlation between energy supply and human development.
The average annual per capita electricity: Electricity consumption of sub-Saharan Africa is 487 kilowatt hours (kWh), alongside an infant mortality rate of 73 per 1,000 live births; maternal mortality ratio of 534 per 1,00,000 live births, and per capita GDP of $1,645. On the other hand, the OECD group of countries have a per capita electricity consumption of 7,750 kWh, corresponding to an infant mortality rate of seven, maternal mortality ratio of 18, and per capita GDP of $42,098.
Slowdown due to lack of energy: The reality of global inequality was acutely evident during the COVID19 pandemic. Several countries in Africa, Asia and Latin America are facing severe agricultural and industrial slowdowns in the post pandemic period.
The lack of reliable energy infrastructure: Infrastructure unavailability has compounded the difficulties and has multidimensional impacts across developmental indicators. In 2022, these inequalities have been aggravated by soaring energy and food prices.
Rising cost of living: Several countries face a severe rise in the cost of living and nearly 70 million additional people are estimated to fall below the poverty line of $3.20 per person per day. Poor and vulnerable communities in the energy importing countries of the global South suffer the most. Almost 90 million people in Asia and Africa, who gained access to electricity recently, cannot afford to pay their energy bills.
No acknowledgement of problem by developed countries: In this background, COP27 affords a critical moment to acknowledge and address the concerns surrounding energy access and security in developing countries. Unfortunately, these longstanding problems of the global South have been ignored by developed country governments, academia, and civil society. At a time when the language of energy poverty and security is re-entering the northern vocabulary, it is time to call out the hypocrisy of the advice on fossil fuel use given by the north to some of the world’s poorest regions since the Paris Agreement was signed.
Fossil fuel as primary energy source: In the United States, 81% of primary energy is from fossil fuels. In Europe, fossil fuels constitute 76% of the energy consumption (coal, oil, and natural gas contribute 11%, 31%, and 34% respectively).
Negligible efforts for decarbonization: Thirty years after acknowledging the problem of anthropogenic global warming and committing in the UNFCCC, to take the lead in climate change mitigation, the level of decarbonization in the global North has been minuscule.
Increasing coal consumption: In July 2022, the European Union (EU) voted to classify the use of natural gas for some uses as “green and sustainable”. Natural gas was responsible for 7.5 billion tonnes of CO2 (i.e., 23% of the total CO2 by the major fossil fuels), in 2020. Additionally, in 2022, even coal consumption in the U.S. and the EU is estimated to increase by 3% and 7%, respectively.
Double standard for fossil fuel: These same developed countries argue that green energy constitutes a great business opportunity for developing countries as it has become cheaper. They have used this dubious argument to dismiss differentiation between developed and developing countries and are lobbying for banning the financing of any fossil fuel projects in some of the poorest countries.
What should be the agenda of developing countries at COP 27?
Bring the energy poverty issue: At COP27, the global South must put the question of its energy poverty and the severe global inequalities in energy access squarely at the Centre of all discussions.
Achieving SDGs with climate actions: We need to achieve zero hunger, zero malnutrition, zero poverty, and universal wellbeing even as we collectively contribute to ensuring effective climate action.
No empty commitments: As the strapline for COP27 (“Together for Implementation”) suggests, we must work together to ensure that these developmental goals are not side-lined, as they were at COP26, in the pursuit of hollow declarations of net zero targets three decades into the future.
Conclusion
A developing country leadership at COP27 can ensure effective discussions, based on equity and common but differentiated responsibilities and respective capabilities, on the relative responsibilities and sharing of mitigation and adaptation burdens while coping with loss and damage.
Mains Question
Q. Describe the energy inequality situation among developed and developing countries. How India can lead the developing countries for negotiations at COP27?
From UPSC perspective, the following things are important :
Prelims level: LT-LEDS
Mains level: Read the attached story
India has announced its long-term strategy to transition to a “low emissions” pathway at the United Nations Conference of Parties (COP) ongoing in Sharm el-Sheikh, Egypt.
What are LT-LED Strategy?
The LT-LEDS are qualitative in nature and are a requirement emanating from the 2015 Paris Agreement.
Hereby, countries explain how they will transition their economies beyond achieving near-term NDC targets.
It signifies their path towards the larger climate objective of cutting emissions by 45% by 2030 and achieve net zero around 2050.
BACKGROUND
What is the meaning of Net Zero?
A state in which a country’s emissions are compensated by absorption and removal of greenhouse gases (GHGs) from the atmosphere is called Net Zero State; it is also referred to as carbon-neutrality.
It is done through natural processes as well as futuristic technologies such as carbon capture and storage.
Nationally Determined Contributions (NDCs):
To achieve the targets under the agreement, the member countries must submit the targets themselves, which they believe would lead to substantial progress towards reaching the Paris temperature goal.
Initially, these targets are called Intended Nationally Determined Contributions (INDCs).
They are converted to NDCs when the country ratifies the agreement.
Key announcements by India
Nuclear energy: India is set to expand its nuclear power capacity by at least three-fold in the next decade.
Green hydrogen: India aims for becoming an international hub for producing green hydrogen through the National Hydrogen Mission.
Ethanol blending: India aspires to maximise the use of electric vehicles, with ethanol blending to reach 20% by 2025 (it is currently 10%) and a “strong shift” to public transport for passenger and freight traffic.
Carbon sequestration: India’s forest and tree cover are a net carbon sink absorbing 15% of CO2 emissions in 2016, and it is on track to fulfilling its NDC commitment of 2.5 to 3 billion tonnes of additional carbon sequestration in forest and tree cover by 2030.
Hurdles in achieving net-zero
Huge cost of transition: The transition to low carbon pathway will entail several costs amounting to several trillion dollars. It involves the development of new technologies, new infrastructure, and other transaction costs.
No climate finance mechanism: Provision of climate finance by developed countries will play a very significant role and needs to be considerably enhanced.
Significance of India’s LTS
India’s long-term strategy (LTS) follows up on the net zero pledge.
It clearly outlines key interventions across sectors that are going to be the focus of India’s efforts.
Considerations made by India
India’s approach is based on the following four key considerations that underpin its long-term low-carbon development strategy:
India has contributed little to global warming: its historical contribution to cumulative global GHG emissions being minuscule despite having a share of ~17% of the world’s population.
Huge domestic energy demand: India has significant energy needs for development.
National circumstances: India is committed to pursuing low-carbon strategies for development and is actively pursuing them, as per national circumstances
India needs to build climate resilience: It is the capacity of social, economic and ecosystems to cope with a hazardous event or trend or disturbance.
From UPSC perspective, the following things are important :
Prelims level: G20
Mains level: Significance of G20 summit
Leaders of the G-20 nations gathered at Bali in Indonesia for the 17th summit of the world’s most advanced economies.
Agenda of this summit
The motto for this summit is Recover Together, Recover Stronger.
The leaders will engage in discussions over three sessions on-
Food and Energy security
Health Partnership for Global Infrastructure and Investment, and
Digital Transformation
About G-20
Formed in 1999, the G20 is an international forum of the governments and central bank governors from 20 major economies.
Collectively, the G20 economies account for around 85 percent of the Gross World Product (GWP), 80 percent of world trade.
To tackle the problems or address issues that plague the world, the heads of governments of the G20 nations periodically participate in summits.
In addition to it, the group also hosts separate meetings of the finance ministers and foreign ministers.
The G20 has no permanent staff of its own and its chairmanship rotates annually between nations divided into regional groupings.
Aims and objectives
The Group was formed with the aim of studying, reviewing, and promoting high-level discussion of policy issues pertaining to the promotion of international financial stability.
The forum aims to pre-empt the balance of payments problems and turmoil on financial markets by improved coordination of monetary, fiscal, and financial policies.
It seeks to address issues that go beyond the responsibilities of any one organization.
Members of G20
The members of the G20 consist of 19 individual countries plus the European Union (EU).
The 19 member countries of the forum are Argentina, Australia, Brazil, Canada, China, France, Germany, India, Indonesia, Italy, Japan, Mexico, Russia, Saudi Arabia, South Africa, South Korea, Turkey, United Kingdom and the United States.
The European Union is represented by the European Commission and by the European Central Bank.
Why was the G-20 created?
For emerging nations: It was created as an acceptable medium between the more “elitist” G-7 (then the G-8), and the more unwieldy 38-member Organisation for Economic Co-operation and Development (OECD).
Increasing representation: Over the past two decades, the global economic balance has shifted, and the G-20 has been seen as a more representative and egalitarian grouping of global leadership.
Reducing groupism within: The G-20 was conceived in a more unified, post-Soviet era, when western economies made the rules, China was just on the rise and Russia was still recovering from its breakup.
Economic boost for west: It was particularly useful in steering the global economy after the global financing crisis and banking collapse of 2008.
Global-south on focus: Significantly, next year the “Troika” of G-20 will be made up of emerging economies for the first time with India, Indonesia and Brazil — an indicator of the shift in the global economic agenda towards the Global South.
Economic significance of G-20
G-20 countries represent 85% of the global GDP.
It accounts for 75% of global trade and 66% of the world population.
What makes this G-20 different from others?
War mongers at table: For the world, this is the first G-20 since Russia began the war in Ukraine and the west imposed sanctions on Russia.
Hosting a stronger China: This is only the second time Chinese President Xi Jinping has travelled abroad since the COVID pandemic, and the first time since he was re-elected at China’s Party Congress last month.
Next chair for India: For India, the importance of the summit of the world’s most advanced economies is that it is India’s turn to host the summit next.
Bilateral meets on the sidelines
All eyes will also be on the bilateral summits happening by the sidelines — including the Biden-Xi summit at a time when U.S.-China tensions are at a high.
While neither Delhi nor Beijing have confirmed a Modi-Xi meeting, any interaction between the two leaders will be the first since the military stand-off at the LAC.
PM Modi is expected to meet many of the G-20 leaders and others, and will invite them to next year’s summit in India.
Among the leaders who are attending for the first time as heads of their countries are UK PM Rishi Sunak.
Simply, the EAS is an ASEAN initiative and refers to the annual Meeting of Heads of States/Governments of these countries, where they are able to discuss common concerns and interests.
Beginning in 2005, 16 participating countries comprised EAS, with their first meeting in Kuala Lumpur, Malaysia.
These members were the 10 ASEAN countries, Australia, China, India, Japan, New Zealand, and the Republic of Korea.
ASEAN’s 10 member countries are Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam.
The United States and the Russian Federation joined at the 6th East Asia Summit in 2011.
Why was it created?
Its creation was based on the idea of enhancing cooperation among East Asian countries and those in the neighbouring regions.
Six priority areas of cooperation were identified – environment and energy, education, finance, global health issues and pandemic diseases, natural disaster management, and ASEAN Connectivity.
Topics discussed
The following issues have been discussed by the countries
This year marks the 30th anniversary of ASEAN-India relations and is being celebrated as the ASEAN-India Friendship Year.
In a joint statement, ASEAN-India acknowledged the deep civilizational linkages, maritime connectivity, and cross-cultural exchanges between Southeast Asia and India.
All these have grown stronger over the last 30 years, providing a strong foundation for ASEAN-India relations.
New developments
India has announced an additional contribution of USD 5 million to the ASEAN-India science and technology fund.
It would enhance cooperation in sectors of public health, renewable energy and smart agriculture.
From UPSC perspective, the following things are important :
Prelims level: Ex Sea Vigil
Mains level: Holistic security of India's maritime domain
In a related development, the third edition of the ‘pan-India’ coastal defence Exercise ‘Sea Vigil-22’ is scheduled to be held on November 15 and 16.
Ex- Sea Vigil-22
The Exercise was conceptualised in 2018 to validate various measures that have been instituted towards enhancing maritime security since ‘26/11’.
The exercise aims to test its preparedness along the entire 7,516.6 km-long-coastline and exclusive economic zone of the country.
It aims to comprehensively and holistically validate the efficacy of the measures taken since 26/11.
It aims to simultaneously activate the coastal security mechanism across all 13 coastal States and Union Territories.
This involves the evaluation of critical areas and processes, including inter-agency coordination, information sharing and technical surveillance.
Multi agency audit and identification of gaps, shortfalls and incorporation of lessons learnt into Standard Operating Procedures (SOP) are also the desired outcomes.
Role of Indian Navy
Post 26/11, the Navy was designated as the agency responsible for overall maritime security, including offshore and coastal security.
The Coast Guard was designated as the agency responsible for coastal security in territorial waters.
A multi-tiered patrol and surveillance mechanism with focus on technical surveillance and augmenting Maritime Domain Awareness through the coastal radar chain was adopted.
Progress has been made in real-time information sharing through the National Command Control Communication and Intelligence (NC3I) Network and improving intelligence and operational coordination.
Significance of the exercise
The exercise is a build up towards the major Theatre Level Readiness Operational Exercise (TROPEX), which the Indian Navy conducts every two years.
Sea Vigil and TROPEX together will cover the entire spectrum maritime security challenges.
Progress till now
Verification and monitoring of a large number of fishing vessels in India has been greatly eased by the creation of the online ReALCraft (Registration and Licensing of Fishing Craft).
The process of installing transponders on sub-20 metre boats commenced with a pilot project in Tamil Nadu for 5,000 vessels is underway.
To allay the concerns of fishermen, the transponders with GPS have been modified into a two-way communication system.
An Automatic Identification System (AIS) was made compulsory for all vessels above 20 metres after the 2008 terrorist attacks in Mumbai.
Trials were conducted in association with the ISRO on one of their communication satellites last year along the coasts of Gujarat and Tamil Nadu.
From UPSC perspective, the following things are important :
Prelims level: Electric vehicles
Mains level: Electric vehicle Supply chain market and india's position
Context
The start of COP27 in Egypt has renewed the world’s focus on climate change. Electric vehicles (EVs) are key in the global quest to decarbonizing. In India, which also faces serious air pollution issues, the transition to EVs is critical. However, there is a China-size risk in the supply chain for electric vehicles. The recent saber-rattling across the Taiwan Straits ought to be a warning for the world. Given India’s troubled relationship with China, the risk may be even more acute.
What are Electrical vehicles (EV’s)?
Electric vehicles (EV) are a part of the new normal as the global transportation sector undergoes a paradigm shift, with a clear preference towards cleaner and greener vehicles.
The electric vehicle is a vehicle that runs on electricity alone. Such a vehicle does not contain an internal combustion engine like the other conventional vehicles. Instead, it employs an electric motor to run the wheels.
The global status of EVs production and supply chain.
50% of global EV’s production comes from China: EVs themselves, China has a share of around 50 per cent in global production.
25% from Europe: Europe is a distant and stands at second position with 25 per cent.
10% from US: Surprisingly, the US is a small player in the EV supply chain, producing only 10 per cent of vehicles and containing just 7 per cent of battery production capacity.
India’s position is still not noteworthy: India does not feature as a player of note.
What makes China a dominant player in EVs supply chain?
Every part of EV concentrated in China: According to a recent report by the International Energy Association, every part of the EV supply chain is highly concentrated, mostly in China.
High global mining output of Key minerals, specifically graphite: The first stage of the supply chain is the key minerals required for batteries, namely lithium, nickel, cobalt and graphite, In graphite, China has an 80 per cent share of global mining output.
Chinese control over Politically unstable DRC’ Mines of cobalt: In Cobalt, the politically highly unstable Democratic Republic of Congo mines two-thirds of the global supply and Chinese companies control a big share of that country’s mining.
China dominates the processing of ore/minerals: Globally, over 60 per cent of lithium processing, over 70 per cent of cobalt processing, 80 per cent of graphite processing and about 40 per cent of nickel processing takes place in China.
China’s heavy production of cell components: Other than Japan and south korea, China produces two-thirds of global anodes and three-fourths of cathodes.
Same case with the battery cells: China has a 70 per cent share in the production of battery cells.
The status of Governmental spending’s of energy transition
China the biggest spender on energy transition: According to a report by Bloomberg’s New Energy Fund (NEF), in 2021, out of a total global spend of $750 billion in climate-related investments (90 per cent of which went into renewable energy and electric transport), China alone spent $266 billion.
US stands at second: The US was a distant second with $114 billion. The major countries of Europe combined would equal the US. In Europe, about 75-80 per cent of the spending is on EVs, which is why it leads the US in this sector.
India holds 7th rank but needs a focused approach: India was in 7th place not a bad rank to occupy with $14 billion invested. However, almost 40 per cent of Chinese and US spending was on EVs, while more than 95 per cent of India’s spending is on renewable energy. In India, despite intent, EVs have not received sufficient investment.
Accelerating the mechanism of acquiring overseas mines of critical minerals: A recently formed government venture, KABIL, which is a JV between three minerals and metals PSUs, is tasked with the job of identifying and acquiring overseas mines
Liberalizing the domestic exploration policies: An alternate option is to liberalize exploration policies domestically, benchmark them with global best practices and invite global investors to find and mine in India.
Stitching up the supply alliances: It is important to stitch up supply alliances with countries ex-China, as has been done with Australia. At higher ends of the value chain, from battery cells onwards, there is a need to invest much more in R&D.
Making vibrant start up ecosystem and public private partnership: A public-private partnership is vital. The vibrant startup ecosystem must be leveraged because it is more likely to be innovative than legacy firms.
Do you know The Khanij Bidesh India Limited (KABIL)?
A joint venture company namely Khanij Bidesh India Ltd. (KABIL) set up with the participation of three Central Public Sector Enterprises namely, National aluminium Company Ltd.(NALCO), Hindustan Copper Ltd.(HCL) and Mineral Exploration Company Ltd. (MECL).
The objective of constituting KABIL is to ensure a consistent supply of critical and strategic minerals to Indian domestic market. While KABIL would ensure mineral security of the Nation, it would also help in realizing the overall objective of import substitution
Conclusion
The dragon has showed its evil side during the pandemic. China is weaponizing the trade to counter its adversaries. Excessive reliance on China for critical mineral resources is like falling into China’s trap. India and world need to restrain China to have monopoly over Electric Vehicle market.
op-ed snap | Polity | Mains Paper 1: Laws, Institutions & Bodies Constituted For The Vulnerable Sections,Social Empowerment
Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Controversy over the EWS reservation verdict
Context
Shortly after the Supreme Court on Monday, 7 November, upheld the validity of the 103rd Constitutional Amendment Act, which introduced 10 percent reservations for Economically Weaker Sections (EWS) in government jobs and educational institutions, Tamil Nadu’s DMK termed the split verdict a ‘setback’ to a century-old fight for social justice.
What is the idea of reservation?
Based on historical injustice: Reservation is intrinsically linked to the historical injustice meted out to Shudras and Dalits.
Reservation for egalitarian society: It was during the anti-caste movement that the idea of reservation came up as a way for an egalitarian social order, to ensure fair representation in the socio-political order, and to mitigate and compensate for the inhuman exclusion of humans based on ascriptive status.
Equal participation in nation building: Reservation is implemented in politics, education and public employment so that all those in the hierarchy can participate in nation-building on equal terms.
Reservation is not a poverty alleviation: R. Ambedkar and E.V. Ramasamy ‘Periyar’ spoke about reservation as a means of providing representation; not as a poverty alleviation programme.
Historical benefits to upper caste: Merit is often the mantra used against the idea and implementation of reservation. Historically, Brahmins had the monopoly in offering sacrifice, receiving gifts, becoming priests, spiritual mentorship, and teaching.
Monopoly over resources: Vaishyas had the monopoly in wealth-generating professions. These monopolies were rooted in, and buttressed by, the authority of scriptures like the Manusmriti and treatises like the Arthasashtra.
Monopoly over the education: The top three Varnas had access to learning. In the colonial era, under the progressive pressures of modernization and democratization, the traditional monopolies based on caste order were diffused into the secular domains of bureaucracy, legal practice, professorship, etc.
Upper caste reservation in certain professions: Leaders professing equality, such as Jyotirao Phule, Periyar and Ambedkar, wanted to annihilate the arbitrary reservation for certain professions, being implemented based on fanciful mythical stories.
Democratization of employment and education: Essentially, the mission was to ‘de-reserve’ education and employment opportunities from a handful of castes to make them available to the remaining castes which were aspiring to be a part of the newly independent nation.
Idea of Merit to oppose the reservation: The merit mantra was very effective at stopping, or at least stalling, the ‘de-reservation’ process. But when the bill for EWS reservation was passed hastily in Parliament in 2019, there was no concern for merit.
How categorization of poor under EWS is unfair?
The bar of 8 Lakh is absurd: Individuals from upper caste communities who earn up to ₹8 lakh a year and may own a 1,000-square feet home are being called economically weak.
Poverty estimation: In India, more than 30 crore citizens have been classified as being below the poverty line (spending less than ₹32 a day in urban areas and under ₹27 a day in rural areas).
Lower caste forms the majority of Poor: Data from India (overall) as well as individual States show that Scheduled Castes (SCs) and Other Backward Classes (OBCs) have a higher share of poor people than upper castes in both urban and rural India.
Different income criteria for different community: We now live in a country where a household earning more than ₹75 per day is considered above the poverty line, while an upper caste household earning ₹2,222 a day is considered economically weak. According to the Department of Revenue data, households earning more than ₹10 lakh constitute less than 1% of India’s population.
Credibility of Data for EWS reservation was never questioned
Mandal commission data was critically analyzed: In the 1990s, renowned scholars from privileged communities viciously attacked the Mandal Commission claiming that it lacked credible data. In fact, the Mandal Commission report was based on official data curated from the Censuses of 1891 and 1931.
No credible data for EWS reservation: Further, B.P. Mandal formulated his concept of ‘backwardness’ by factoring in the social, educational and economic dimensions of different caste communities. But now, neither justification nor credible data has been presented while arguing that 10% reservation must be provided for the upper caste poor.
EWS reservation is equating the unequal’s: The Mandal Commission report said, “To equate unequal’s is to perpetuate inequality”. By giving the go-ahead for the EWS quota, Supreme Court has equated unequal’s in the category of affirmative action.
More privilege to already privileged community: The EWS quota is unfair because it twists the idea of social justice by bequeathing further privilege to communities who are historically situated to benefit from the oppressive caste system.
Other criticism of EWS reservation?
SC/ST and OBC are outside the EWS reservation: A Dalit or an OBC who does not get a job within this quota still belongs to the EWS, but he is excluded. That is the Constitutional issue, which you have to answer. How have you excluded them, how have you excluded the poor, how have you excluded those who earn only 20,000 a month who do not get jobs amongst the Dalits?
Disturbing the basic structure: The government of tinkering with the “basic structure” of the Constitution.
Ultimate goal is removal of reservation: Government basically testing the waters and this will pave the way for the removal of caste-based reservation.
Opening the lid for further reservation: There is demand that government should raise the existing reservation cap for SC, OBC and minorities in line with their proportion in the population now since a decision has been taken to break the 50 per cent ceiling set by the top court.
Conclusion
It is true that historically reservation is based social inequalities. Despite having the good credentials and marks upper caste or open categories were denied jobs. Justice to upper castes is not the injustice to lower castes. This is against the principal of natural justice. However exclusion of SC/ST and OBC from EWS category is certainly a matter of debate.
Mains Question
Q.What is the Ambedkar’s idea of reservation? Critically analyze the EWS reservation upheld by supreme court.
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Issues related to Police governance
Context
The Ministry of Home Affairs (MHA) convened a conference in late October in the capital, which saw the participation of the union home minister, a few States Home Ministers and police chiefs. The Delhi conference was a very important occasion aimed at improving the quality of policing in the country through an exchange of ideas.
Sardar Patel’s vision of Police
Training and Professionalism: He placed great value on professional policing, one reason why he insisted on an elitist and well-trained corps such as the Indian Police Service (IPS) which worked alongside the Indian Administrative Service (IAS).
Didn’t abandon the civil services: He was under immense pressure from various quarters, to disband both the Indian Civil Service and IPS, but as a distinguished and astute visionary, he was steadfast in his belief.
Nationally accepted standards: Subsequent events proved him right. Despite all their faults, the two all-India services have been a cementing force and have greatly contributed to establishing nationally accepted standards of governance, especially in the area of law and order.
What is the Present status of Policing in India?
A case study of Tamil Nadu: The way the Tamil Nadu police have handled the case of a blast in Coimbatore that happened recently, and a possible terror-related plot, also fits in this scene and is relevant to the state of law and order in the State and elsewhere.
Delay in serious cases: There is a section of influential public opinion which has accused the Tamil Nadu government of having been slothful and delayed handing over investigation of the incident to the National Investigation Agency (NIA). This has been rebutted by the State Director General of Police (DGP) who said that his force could not abruptly abandon the investigation and had to do the preliminary investigation to facilitate an NIA take-over.
Shifting the responsibility: The exchange of barbs by the two sides has been an unfortunate and avoidable development and the truth lies in between. Rather than getting into a slanging match, what is more important is an examination of the standard operating procedures in place, the identification of lacunae and the initiation of corrective measures.
West Bengal case: Conflict between the Ministry of Home affairs and State over utilizing talent in the IPS and the sharing of resources available in the States.
Collaborative approach: It is a no-brainer that, New Delhi is the senior partner in what is definitely a collaborative relationship. But there have been actions over the decades that have inflicted many deep wounds on public order.
Forge a strong camaraderie: These have been situations that have demanded large numbers of well-trained policemen. The Centre has always chipped in with support from the Central Reserve Police Force (CRPF). There have also been other outfits such as the Border Security Force (BSF), the Indo Tibetan Border Police (ITBP) and the Central Industrial Security Force (CISF) which have also worked in tandem with the State Police. Therefore, it makes sense that the MHA and State Police stop squabbling but explore how best to forge a strong camaraderie.
State must cooperate with Centre: We are also witness to frequent spats between States and the Centre over the use or alleged misuse of the Central Bureau of Investigation (CBI). Here again both parties have to share the blame. But the basic point that has been ignored is that crime and bureaucratic corruption have inter-State ramifications and only a national agency can bring in a much-needed and wide perspective.
CBI is inevitable for corruption at state level: Insensitive action by a few States to withdraw consent to the CBI to function in a state smack of politics and vindictiveness, which diminishes the fight against public servant graft.
How union government can improve the Policing?
Training and technology: ‘Police’ are a state subject under the distribution of powers laid down in the Constitution of India. But that does not mean the Union government has no say in the matter. Training and technology are two areas where the Centre does greatly contribute to sharpening police ability to combat terrorism and other major public disturbances.
The Sardar Vallabhbhai Patel National Police Academy: in Hyderabad is a world-class institution that has resources and the professional excellence which are generously available to State police forces.
Strong political leadership: Petty squabbling reduces the exchange of ideas and goes to attenuating the police response to difficult situations that require police assistance. This is why we need a political leadership that does not get bogged down in petty differences but promotes a free exchange of talent and resources between New Delhi and the States.
Conclusion
With exponential rise if technology nature of crimes has significantly changed. We must impart a modern training with professionalism to our Police. Police subject need to delink from Centre-state politics.
Mains Question
Q. Analyze the state of Police governance in India? What reforms are needed for modern policing in India? How Centre-state can collaborate for better police governance?
From UPSC perspective, the following things are important :
Prelims level: GMO, GM crops, Advantages and Disadvantages.
Mains level: GM mustard debate
Context
As soon as the government took the decision to release India’s first genetically-modified (GM) food crop Dhara Mustard Hybrid-11 (DMH-11) for “environment release”, some activists approached the Supreme Court to ban it for various reasons. The Supreme Court has ordered the status quo to be maintained till the next hearing on the matter on November 17.
What are Genetically modified organisms (GMO)?
Changes in genetic material: GMOs can be defined as organisms (i.e., plants, animals or microorganisms) in which the genetic material (DNA) has been altered in a way that does not occur naturally by mating and/or natural recombination
Transfers of genes: It allows selected individual genes to be transferred from one organism into another, also between nonrelated species.
GM foods: Foods produced from or using GM organisms are often referred to as GM foods
What is the ironic case of opposition to the GM crops?
Opposition to GM is not new: The opposition to GM food crops is not new. There has been a global campaign in this regard by many activists. GM crops have spread around the world since 1996.
of countries accepted the use of GM crops: More than 70 countries have accepted the use of GM crops. For instance, by 2019, roughly 190 million hectares were under GM crops, led by corn and soyabean in the US, Brazil, Argentina, and canola (rapeseed/mustard) in Canada, even Bangladesh has marched ahead with Bt brinjal.
No concrete evidence of harmful impact: There is ample evidence in support of that with no harmful impact on human or animal health or the environment per se.
India’s journey towards GM crops, specifically “Bt cotton”
First GM crop released under Vajpayee government with the slogan of Jai Vigyan:
Atal Bihar Vajpayee envisioned that science could transform agriculture
India had its first GM crop, Bt cotton, released in 2002 by the Vajpayee government. He extended the original slogan of “jai jawan, jai kisan” (salutation to the soldier and the farmer), given by Lal Bahadur Shastri, to include “jai vigyan” (salutation to science).
The case of Historic success of Bt cotton:
Cotton production Increased: With the Bt cotton, Cotton production increased remarkably from a mere 13.6 million bales (1 bale = 170 kg) in 2002-03 to 39.8 million bales in 2013-14. Registered an increase of 192 per cent in just 12 years, ushering the famous “gene revolution”.
Area under Cotton cultivation expanded: The area under cotton cultivation expanded by 56 per cent, of which about 95 per cent is under Bt cotton.
Cotton productivity per hectare increased significantly: Cotton productivity increased from 302 kg per hectare in 2002-03 to 566 kg per hectare in 2013-14, an increase of 76 per cent,
More productivity more income to farmers lead to increase in agri- GDP: The gains to cotton farmers whose incomes increased significantly. For instance, Bt cotton led Gujarat’s “agrarian miracle” of very high (above 8 per cent) annual growth rate in agri-GDP during 2002-03 to 2013-14.
Revived the glory to The Indian cotton in the world market: It made India the second-largest producer after China, and the second-largest exporter after the US, of cotton in the world today.
What are the concerns associated with the cultivation of GM crops?
Emergence of Increased pest resistance: Enhanced sucking pest damage in Bt cotton; increase in secondary pests such as mired bugs and Spodoptera; and the emergence of pest resistance.
Impact on environment of human health: Environmental and health implications in terms of toxicity and allergenicity that can cause hematotoxin reactions in the human body.
Fear of increased mono cropping: Farmers’ exposure to a greater risk of monopoly in the seed business.
What is the controversy and debate associated with GM Mustard?
Debate on advantages and impacts: There is a raging debate going on advantages and disadvantages of GMOs. For a long time, further study was requested by farmers, environmentalist on GMO crops.
Denial goes against the principle of basic rights of farmers: By not allowing GM mustard or for that matter even Bt brinjal for so long, one is denying the basic rights of farmers who want to increase their incomes.
Allow with the sustainable practice with the use of science and technology: The best way to do so is by raising productivity in a sustainable manner. The field trials of GM mustard at different locations showed 25-28 per cent higher yield and better disease resistance compared to indigenous varieties. This can go a long way in augmenting domestic mustard oil supplies and farmers’ incomes.
Unnecessary debate after the approval by the scientific body: Dissent is a good sign in any democratic society and forms an essential part of checks and balances. But once the safety tests are done and the scientific body (GEAC) has given the green signal, what is needed is political leadership to keep the decision-making science-based.
India’s heavy dependence on Imported edible oils: India heavily depends on imported edible oils (55-60 per cent of India’s domestic requirement is imported). A large portion of this about three-four million tonnes every year comes from Argentina, Brazil, Canada, the US, etc, which is all from GM technology (in soybean and canola).
Import and GM crops are already in our food chain: We eat plenty of our own cotton seed (binola) oil, and about 95 per cent of our cotton is now GM. Cotton seed is also fed to cattle which gives the milk its fat content. Even poultry feed, such as soya and corn, is being imported. So, one thing is clear GM food is already in our food chain, and has been there for quite some time.
A chance to emerge as a major export hub: It was expected that India would be at the forefront of the gene revolution and emerge as a major export hub to other Asian and African countries. What the IT revolution has done in computer science, the Bt revolution could have done in agriculture.
Conclusion
The agriculture of tomorrow is going to be science-based, and the winners will be those who adopt it and develop it further today. Innovation is the name of the game, and “Jai Anusandhan” is a good slogan given by PM Modi. But it will have meaning only when the government goes ahead with not just GM mustard but also fast-tracks Ht Bt cotton, Bt brinjal, and even GM soya and corn.
Mains Question
Q. What are GM crops? With policy paralysis in the case of GM mustard, India may not be able to keep pace with the success of Bt cotton. Critically analyse.
From UPSC perspective, the following things are important :
Prelims level: NMFT conference, FATF
Mains level: India's efforts to curb global terror financing
The Ministry of Home Affairs will be organising the Third Ministerial ‘No Money for Terror’ Conference next week where participants from around 75 countries are expected to attend.
‘No Money for Terror’ Conference
The conference that was first held In Paris in 2018, followed by Melbourne in 2019.
It will be held in Delhi after gap of two years due to the travel restrictions imposed due to the COVID-19 pandemic.
Objectives of the event
India’s efforts: The event conveys India’s determination in its fight against terrorism as well as its support systems for achieving success against it.
Global cooperation: It also intends to include discussions on technical, legal, regulatory and cooperation aspects of all facets of terrorism financing.
Compliance mechanism: The involvement of a compliant State often exacerbates terrorism, especially its financing.
What is Terror Financing?
Terrorist financing encompasses the means and methods used by terrorist organizations to finance their activities.
This money can come from legitimate sources, for example from profits from businesses and charitable organizations.
But terrorist groups can also get their financing from illegal activities such as trafficking in weapons, drugs or people, or kidnapping for ransom.
Nations like Pakistan has stated policy of supporting cross-border terrorism in India through global fundings.
Why need consensus over terror-finance prevention?
Globally, countries have been affected by terrorism and militancy for several years and the pattern of violence differs in most theatres.
It is largely impacted by tumultuous geo-political environment, coupled with prolonged armed sectarian conflicts.
Such conflicts often lead to poor governance, political instability, economic deprivation and large ungoverned spaces.
Other mechanisms to curb terror financing: FATF
FATF is an intergovernmental organization founded in 1989 on the initiative of the G7 to develop policies to combat money laundering.
It makes recommendations for combating financial crime, reviews members’ policies and procedures, and seeks to increase acceptance of anti-money laundering regulations across the globe.
What hinders the global consensus?
No definition of terrorism: There is no universal agreement over what constitutes terrorism. This weakens efforts to formulate a concerted global response.
Non-enforcement: Multilateral action suffers from inadequate compliance and enforcement of existing instruments.
No global watchdog: Counter-terrorism regime lacks a central global body dedicated to terrorist prevention and response.
Way forward
No country if safe if terrorism persists anywhere across the world.
The world must resolve to make the international financial system entirely hostile to terrorist financing.
Concerted efforts and a comprehensive approach should be adopted to counter terrorism under the UN auspices on a firm international legal basis.
| Polity | Mains Paper 2: Indian Constitution - historical underpinnings, evolution, features, amendments, significant provisions and basic structure
Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Free speech vs. Hate speech
Former Supreme Court Judge Rohinton Fali Nariman has said civil suits against hate speech leading to the award of punitive damages should be taken up by courts.
What did the ex-Judge say?
He described the Fundamental Duty of fraternity (Article 51A(5)) as the only Constitutional method of assuring the dignity of every citizen and the unity and integrity of the nation.
The cardinal principle of fraternity prescribed that every citizen honoured the other citizen in the spirit of brotherhood, transcending religious, sectarian, and other tendencies.
He opined that civil suits like defamation being dealt with fines would be more efficient in curbing hate speeches against individuals.
Article 51A(5): Promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women.
What is ‘Hate Speech?
There is no specific legal definition of ‘hate speech’.
The Law Commission of India, in its 267th Report, says: “Hate speech generally is an incitement to hatred primarily against a group of persons defined in terms of race, ethnicity, gender, sexual orientation, religious belief and the like …
Thus, hate speech is any word written or spoken, signs, visible representations within the hearing or sight of a person with the intention to cause fear or alarm, or incitement to violence.”
In general, hate speech is considered a limitation on free speech that seeks to prevent or bar speech that exposes a person or a group or section of society to hate, violence, ridicule or indignity.
How is it treated in Indian law?
Provisions in law criminalize speeches, writings, actions, signs and representations that foment violence and spread disharmony between communities and groups and these are understood to refer to ‘hate speech’.
Sections 153A and 505 of the Indian Penal Code are generally taken to be the main penal provisions that deal with inflammatory speeches and expressions that seek to punish ‘hate speech’.
[I] Section 153A:
Promotion of enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony’, is an offence punishable with three years’ imprisonment.
[II] Section 505:
505(1): Statements conducing to public mischief– The statement, publication, report or rumour that is penalized under Section 505(1) should be one that promotes mutiny by the armed forces, or causes such fear or alarm that people are induced to commit an offence against the state or public tranquillity. This attracts a jail term of up to three years.
505(2): It is an offence to make statements creating or promoting enmity, hatred or ill-will between classes.
505(3): Same offence will attract up to a five-year jail term if it takes place in a place of worship, or in any assembly engaged in religious worship or religious ceremonies.
Why curb hate speeches?
Creates social divide: Individuals believe in stereotypes that are ingrained in their minds and these stereotypes lead them to believe that a class or group of persons are inferior to them and as such cannot have the same rights as them.
Threat to peaceful co-existence: The stubbornness to stick to a particular ideology without caring for the right to co-exist peacefully adds further fuel to the fire of hate speech.
Issues in regulating hate speech
Powers to State: Almost every regulation of speech, no matter how well-intentioned, increases the power of the state.
Hate speeches are Political: The issue is fundamentally political and we should not pretend that fine legal distinctions will solve the issue.
Legal complications: An over-reliance on legal instruments to solve fundamental social and political problems often backfires.
Way forward
Subjects like hate speeches become a complex issue to deal with, in a country like India which is very diverse, as it was very difficult to differentiate between free and hate speech.
There are many factors that should be considered while restraining speeches like strong opinions, offensive comments towards certain communities, the effect on values like dignity, liberty and equality.
We all have to work together and communicate efficiently for our country to be a healthy place to live in.
| Polity | Mains Paper 2: Indian Constitution - historical underpinnings, evolution, features, amendments, significant provisions and basic structure
Note4Students
From UPSC perspective, the following things are important :
Prelims level: 9th Schedule
Mains level: Immunity to the 9th schedule laws
The Jharkhand assembly on Friday cleared two bills, one fixing land records of 1932 as the basis for a domicile in the state and another to increase reservation in state government jobs across categories to 77%
What is the news?
Though both these bills were cleared unanimously, they would come into effect only after the Centre includes them in the Ninth Schedule of the Constitution.
A law in the Ninth Schedule is shielded from judicial review.
Why the need to include in Ninth Schedule?
The 77 per cent reservation breaches the 50 per cent ceiling set by the Supreme Court in the landmark 1992 Indra Sawhney v Union of India verdict.
However, placing legislation in the Ninth Schedule shields it from judicial scrutiny.
What is the Ninth Schedule?
The Ninth Schedule contains a list of central and state laws which cannot be challenged in courts.
Most of the laws protected under the Schedule concern agriculture/land issues.
The Schedule became a part of the Constitution in 1951, when the document was amended for the first time.
It was created by the new Article 31B, which along with 31A was brought in by the government to protect laws related to agrarian reform and for abolishing the Zamindari system.
While A. 31A extends protection to ‘classes’ of laws, A. 31B shields specific laws or enactments.
How many laws are there in ninth schedule?
Currently, 284 such laws are shielded from judicial review.
The First Amendment added 13 laws to the Schedule. Subsequent amendments in 1955, 1964, 1971, 1974, 1975, 1976, 1984, 1990, 1994, and 1999 have taken the number of protected laws to 284.
Previous instances — Tamil Nadu’s case
A Tamil Nadu Law of 1993, reserves 69 per cent of the seats in colleges and jobs in the state government.
When it ran into legal obstacles in the 1990s after the SC verdict, the then CM led a delegation to New Delhi to meet the then PM PV Narasimha Rao.
The reservation provision was then included in the Ninth Schedule.
Nature of exemption from Judicial Review
While the Ninth Schedule provides the law with a “safe harbour” from judicial review, the protection is not blanket.
The Tamil Nadu law was challenged in 2007 in the I R Coelho v State of Tamil Nadu
The Supreme Court ruled in a unanimous nine-judge verdict that while laws placed under Ninth Schedule cannot be challenged on the grounds of violation of fundamental rights.
They can be challenged on the ground of violating the basic structure of the Constitution, said the apex court.
Verdict of the IR Coelho Case
The IR Coelho verdict said, “A law that abrogates or abridges rights guaranteed by Part III of the Constitution may violate the basic structure doctrine or it may not.
If former is the consequence of law, whether by amendment of any Article of Part III or by an insertion in the Ninth Schedule, such law will have to be invalidated in exercise of judicial review power of the Court.”
What is the 1973 deadline about?
The court clarified that the laws cannot escape the “basic structure” test if inserted into the Ninth Schedule after 1973.
As it was in 1973 that the basic structure test was evolved in the Kesavananda Bharati case as the ultimate test to examine the constitutional validity of laws.
