Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Context
- Among the various disadvantages we poorly equipped to support people with disabilities about access to parliament. It is time to make the physical and digital interface of parliament and other buildings more disabled-friendly.
What are the common suggestions about disabled friendly parliament?
- Accessibility Committee: To attend to the access needs of the disabled.
- Providing sign language: For interpretation for Parliamentary proceedings.
- Audit of website: Ordering an accessibility audit of Parliament’s websites.
- Disable friendly facilities: In December 2015, the Government of India launched the Accessible India Campaign (AIC) to make the built environment, ICT ecosystem and transport facilities more disabled-friendly.
- Lack of enforcement: A strong enforcement mechanism is unfortunately absent in the AIC, led by people with disabilities and accessibility professionals, to ensure that ambitious milestones are set and pursued to their meaningful conclusion.
Recommendations of report by the Vidhi Centre for Legal Policy
- Make every building accessible: A report by the Vidhi Centre for Legal Policy, titled “Beyond Reasonable Accommodation” points out, the requirement to make every new building accessible before it is granted an Occupancy Certificate.
- Integration of laws: The relevant provisions of the Harmonised Guidelines and Standards for Universal Accessibility in India, 2021 must be integrated into local bye-laws and state planning laws.
- Sensitivity about compliance: Municipal authorities must have the know-how and sensitivity to gauge compliance with the norms to make the built environment accessible and access to competent accessibility professionals who can provide appropriate inputs at every stage.
- Professions to enforce compliance: The list of empanelled professionals maintained by municipal authorities must also consist of accessibility professionals, and this requirement must be codified in model building bye-laws and the National Building Code.
What parliament can do?
- Accessibility committee: Parliament must set up an accessibility committee urgently that must be tasked with delivering recommendations in a time-bound fashion on making every aspect of the Parliamentary process more disabled-friendly.
- Taking cue from supreme court: The constitution of an Accessibility Committee by the Supreme Court recently may be a good reference point for Parliament.
What can centre and states do?
- Accessibility criteria in procurement: Central and state level procurement laws and policies must incorporate accessibility criteria in public procurement of physical, digital and transport infrastructure.
- Accessible tenders and documents: These must be replicated in agreements between procurement agencies and bidders/contractors. In addition, tender documents must set out applicable accessibility standards.
Conclusion
- Disable people suffers from structural disadvantage at every stage of governance including building infrastructure. Parliament should start from itself to give larger message of about sensitivity towards disabled friendly buildings.
Mains Question
Q. Explain the limitations of accessible India campaign? Suggest the way towards more disable friendly buildings in India.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: India-China Border issues, friction points
Context
- A week after the clash in Tawang in Arunachal Pradesh, convening of the 17th round of India-China corps commander-level talks at the Chushul-Moldo border meeting point in eastern Ladakh is a positive development. But unfortunately, it does not inspire confidence about Chinese intentions vis a vis the Line of Actual Control.
- Disengagement at Gogra Hot springs in last round of talks: The last round of talks was held in July, and in September, the government announced that the two sides had finished disengaging at Gogra Hot Springs, as had been agreed in the 16th round.
- Beijing reluctant for further rounds of talks: Beijing appeared reluctant to accede to Delhi’s push for another round,
- No return to the status quo: China signals that there is nothing more to discuss about the situation in eastern Ladakh, and certainly not a return to the status quo that existed before its incursions in April-May 2020.
What is outcome of the latest round of talks and the current status?
- No mutually acceptable resolution on remaining issues: A joint statement that the two sides agreed to keep talking through military and diplomatic channels toward a mutually acceptable resolution of the remaining issues at the earliest suggests that there was no outcome from this round. It is also not clear if the remaining issues have been agreed upon by both sides.
- India facing an altered status quo: Apart from the fact that India now faces an altered status quo and that the PLA is rapidly building war-like infrastructure on its side, for India, the remaining issues are the presence of Chinese troops in the Depsang plains, and intrusions in the Demchok area.
- Tensions seems manageable but situation is unpredictable: The sector-wise compartmentalisation makes the tensions seem manageable, but the reality appears to be that there is no predicting which part of the 3,500 km of the line will flare up suddenly, as it did recently.
- Situation is very serious: Minister of External Affairs S Jaishankar flagged the seriousness of the situation when he told Parliament that the Indian deployment at the LAC is at its highest level.
- Despite the advanced surveillance, no clarity on Army’s preparedness: From the short statement by Defence Minister Rajnath Singh, it is unclear how prepared the Army was for the transgression at Tawang, despite the advanced Intelligence Surveillance and Reconnaissance devices that have reportedly been installed in that area.
Why China has opened new front in Tawang?
- Status quo along the boundary not only limited to the Western Sector: China has traditionally been active in areas close to Ladakh given the significance of the Xinjiang-Tibet region in its domestic narrative. However, with its sights on an ageing Dalai Lama, and the issue of his succession, Beijing will want to bring into focus its claims on Tawang, and the rest of Arunachal Pradesh.
- Huge investment in infrastructure in eastern sector: China has invested in infrastructure in the Eastern Sector over many years. This includes rail, road, and air connectivity, better telecommunications, as well as improved capacity to station and supply troops and artillery.
- Centrality of the boundary issue in the India-China relationship: External Affairs Minister S Jaishankar has repeatedly asserted that it is no longer possible to separate the boundary question from the overall relationship and that peace and tranquillity on the LAC is the key to restoring relations. However, China is likely to keep up the pressure on the ground along the LAC, even as they continue to suggest that the two countries look beyond the differences, much like Chinese Foreign Minister Wang Yi’s comments during his March 2022 visit when he claimed that the two sides need to “inject more positive energy” into the relationship.
Way ahead
- Delhi should make a push for talks at the diplomatic level even as it ramps up military preparedness.
- Whatever the facts on the ground and regardless of how the tensions will unfold, the government would be well advised to take the Opposition parties into confidence at the earliest.
- A wide political consensus is what the country needs when confronted with tensions at the borders and it is the government’s task and responsibility to build it.
Conclusion
- Delhi should make a push for talks at the diplomatic level even as it ramps up military preparedness. Whatever the facts on the ground and regardless of how the tensions will unfold, the government should take the Opposition parties into confidence at the earliest. A wide political consensus is what the country needs when confronted with tensions at the borders
Mains Question
Q. China has opened new front in the eastern sector. Even after the commander level talks multiple times, frictions between the two continues at LAC. Discuss.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: POCSO ACt, issues with the age of consent
Context
- The Chief Justice of India’s recently raised the concerns about the age of consent under the POCSO Act. CJI quested parliament to review the age under POCSO act.
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What are the issues related to age of consent?
- Criminalization of romantic relationship: The Madras, Delhi and Meghalaya High Courts have flagged matters concerning criminalisation of romantic relationships between or with an adolescent under POCSO.
- AK v. State Govt of NCT of Delhi: On November 12, the Delhi High Court in AK v. State Govt of NCT of Delhi (order by Justice Jasmeet Singh) stated that the intention of POCSO was to protect children below the age of 18 years from sexual exploitation and not to criminalise romantic relationships between consenting young adults.
- Government not in favour of revision of age: The government told Parliament that it does not have any plan to revise the age of consent.
- Blanket ban on anticipatory bail: The recent criminal law amendment in UP that imposed a blanket ban on granting anticipatory bail to a rape accused rubs salt on the already wounded.
- Criminalization of sexual act: POCSO conflates exploitative sexual practice and general sexual expression by an adolescent, and criminalises both.
- Overlooking the voluntary sexual act: Criminal law has become an instrument to silence or regulate a non-exploitative consensual sexual relationship involving a minor girl, which is voluntary.
- Abuse of POCSO act: The obiter of the court that POCSO has become a tool in the hands of certain sections of society to abuse the process of law is corroborated by other courts too.
- Victimization of girls: The cumulative victimisation of the “consenting” girl also deserves the lawmakers’ attention.
Today’s reality of sexual life among adolescent and mismatch in law
- Increased age of consent: The age of consent has increased from 10 to 12 to 14 to 16 and finally to 18 years by the 2013 amendment, in order to bring it in conformity with the then newly legislated POCSO Act.
- Consent of minor girl is illegal: The law disregards the likelihood of a minor girl engaging in sexual activity voluntarily it thus desexualises her.
- Ignoring the social reality: The law that criminalises adolescent sexuality either ignores social reality or pretends to do so.
- Sexual experience before the age of consent: According to the NFHS-5, for instance, 39 per cent women had their first sexual experience before turning 18. The same survey provides additional evidence of sexual engagement among unmarried adolescent girls by reporting contraception use by 45 per cent of unmarried girls in the age group of 15-19 years.
What should be the way forward?
- Separate procedure for POCSO Act: Need to evolve a separate procedure for children while dealing with POCSO cases.
- Victimization should be avoided: Romantic” lovers in a mutually consensual relationship should not be victims of the abuse of the criminal justice system processes.
Conclusion
- Age of consent is matter of debate and cannot be decided alone by judges and judiciary. Need of an hour is a sexual education in the children and adolescence. We need to fight to taboo about sex and debate on sex.
Mains Question
Q. What are the misuse cases under POCSO act? What are the mismatch between todays POCSO act and social reality of adolescent sex life?
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Read the attached story
Mains level: Parliamentary efficiency
Both houses of the Parliament were adjourned sine die, six days ahead of their schedule.
Session of Parliament and Related Terminologies
- During a session, both the Houses meet almost daily barring holidays to transact business be it to discuss a matter of public matters, frame laws, amend laws, place Standing Committee reports and pass financial bills among others.
- The Houses are in session thrice a year: Budget Session (February to May); Monsoon Session (July to September); and Winter Session (November to December).
Terminating the session
- During a session of Parliament, usually, there are two sittings: morning sitting from 11 am to 1 pm and post-lunch sitting from 2 pm to 6 pm.
- The sitting of the Parliament in both the Houses can be terminated only by adjournment, adjournment sine die, prorogation and dissolution (not applicable for Rajya Sabha).
- Technically, a session of the Parliament means the period between the first sitting of a House and its prorogation or dissolution.
- The period between the prorogation of a House and its reassembly in a new session is called a recess.
(1) Adjournment sine die
- Adjournment sine die means terminating a sitting of Parliament for an indefinite period, that is, when the House is adjourned without naming a day for reassembly, it is called adjournment sine die.
- The power of adjournment sine die lies with the presiding officer of the House.
- However, the presiding officer of a House can call a sitting of the House before the date or time to which it has been adjourned or at any time after the House has been adjourned sine die.
(2) Adjournment
- An adjournment results in the suspension of work in a sitting for a specified time, which may be hours, days or weeks.
- In this case, the time of reassembly is specified as an adjournment only terminates a sitting and not a session of the House.
- The power of adjournment lies with the presiding officer of the House.
(3) Prorogation
- The term prorogation means the termination of a session of the House by an order made by the President under Article 85(2)(a) of the Constitution.
- The prorogation terminates both the sitting and session of the House and is usually done within a few days after the House is adjourned sine die by the presiding officer.
- The President issues a notification for the prorogation of the session. However, the president can also prorogue the House while in session.
- It must be noted that all pending notices except those for introducing bills lapse.
(4) Dissolution
- Whenever a dissolution happens, it ends the very life of the existing House and a new House is constituted after the General Elections.
- However, only the Lok Sabha is subject to dissolution as the Rajya Sabha, being a permanent House, is not subject to dissolution. The dissolution of the Lok Sabha may take place in two ways:
- Automatic dissolution: On the expiry of its tenure: five years or the terms as extended during a national emergency.
- Order of President: If the President is authorised by the Council of Ministers, he or she can dissolve Lok Sabha, even before the end of the term. The president may also dissolve Lok Sabha if the Council of Ministers loses confidence and no party is able to form the government. Once the Lok Sabha is dissolved before the completion of its normal tenure, the dissolution is irrevocable.
Impact on legislation process
- When the Lok Sabha is dissolved, all business including bills, motions, resolutions, notices and petitions that are pending before it or its committees lapse.
- Summoning: Summoning is the process of calling all members of the Parliament to meet.
When does a Bill lapse in Indian Parliament?
Depending on the status of the pending legislation, and where it originated, there are certain cases in which the Bill lapses on dissolution of Assembly.
- Bills originated in Lok Sabha
- Any Bill that originated in the Lok Sabha, but could not be passed, lapses.
- A Bill originated and passed by the Lok Sabha but pending in the Rajya Sabha also lapses
- Bills originated in Rajya Sabha
- The Constitution also gives MPs in Rajya Sabha the power to introduce a Bill.
- Therefore a Bill that originated in Rajya Sabha and was passed by it, but remains pending in Lok Sabha also lapses.
- A Bill originated in the Rajya Sabha and returned to that House by the Lok Sabha with amendments and still pending in the Rajya Sabha on the date of the dissolution of Lok Sabha lapses.
When a Bill does not lapse
- Not all Bills, which haven’t yet become law, lapse at the end of the Lok Sabha’s term.
- A Bill pending in the Rajya Sabha, but not passed by the Lok Sabha, does not lapse.
- A Bill passed by both the Houses but pending assent of the President of India, does not lapse.
- A Bill passed by both Houses but returned by the President of India for reconsideration of the Parliament does not lapse.
- Some pending Bills and all pending assurances that are to be examined by the Committee on Government Assurances also does not lapse on the dissolution of the Lok Sabha.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NFSA, PMGKAY
Mains level: Schemes related to food security
The government discontinued the Pradhan Mantri Garib Kalyan Anna Yojana (PMGKAY) and has decided to provide free foodgrains to all 81 crore beneficiaries covered under the National Food Security Act (NFSA) for one year.
About PMGKAY
- PMGKAY is a food security welfare scheme announced by the GoI in March 2020, during the COVID-19 pandemic in India.
- The program is operated by the Department of Food and Public Distribution under the Ministry of Consumer Affairs, Food and Public Distribution.
- The scale of this welfare scheme makes it the largest food security program in the world.
Targets of the scheme
- To feed the poorest citizens of India by providing grain through the Public Distribution System to all the priority households (ration card holders and those identified by the Antyodaya Anna Yojana scheme).
- PMGKAY provides 5 kg of rice or wheat (according to regional dietary preferences) per person/month and 1 kg of dal to each family holding a ration card.
Success of the scheme
- Pandemic mitigation: It was the first step by the government when pandemic affected India.
- Wide section of beneficiaries: The scheme reached its targeted population feeding almost 80Cr people.
- Support to migrants: It has proven to be more of a safety net to migrant people who had job and livelihood losses.
- Food and Nutrition security: This has also ensured nutrition security to children of the migrant workers.
Limitations of the scheme
- Corruption: The scheme has been affected by widespread corruption, leakages and failure to distribute grain to the intended recipients.
- Leakages: Out of the 79.25 crore beneficiaries under the National Food Security Act (NFSA), only 55 crore have so far received their 5 kg.
- Inaccessibility: Many people were denied their share due to inability to access ration cards.
- Low consumption: Livelihood losses led to decline in aggregate demand and resulted into lowest ever consumption expenditure by the people owing to scarcity of cash.
- Resale of subsidized grains: This in turn led to selling of the free grains obtained in the local markets for cash.
Back2Basics: National Food Security (NFS) Act
- The NFS Act, 2013 aims to provide subsidized food grains to approximately two-thirds of India’s 1.2 billion people.
- It was signed into law on 12 September 2013, retroactive to 5 July 2013.
- It converts into legal entitlements for existing food security programmes of the GoI.
- It includes the Midday Meal Scheme, Integrated Child Development Services (ICDS) scheme and the Public Distribution System (PDS).
- Further, the NFSA 2013 recognizes maternity entitlements.
- The Midday Meal Scheme and the ICDS are universal in nature whereas the PDS will reach about two-thirds of the population (75% in rural areas and 50% in urban areas).
- Pregnant women, lactating mothers, and certain categories of children are eligible for daily free cereals.
Key provisions of NFSA
- The NFSA provides a legal right to persons belonging to “eligible households” to receive foodgrains at a subsidised price.
- It includes rice at Rs 3/kg, wheat at Rs 2/kg and coarse grain at Rs 1/kg — under the Targeted Public Distribution System (TPDS).
- These are called central issue prices (CIPs).
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: TULIP Program
Mains level: Not Much
More than 25,000 internship opportunities have been advertised under the TULIP programme so far.
TULIP Program
- TULIP is a portal jointly developed by the Ministry of HRD, Ministry of Housing & Urban Affairs, and All India Council for Technical Education (AICTE).
- It helps reap the benefits of India’s demographic dividend as it is poised to have the largest working-age population in the world in the coming years.
- It helps enhance the value-to-market of India’s graduates and help create a potential talent pool in diverse fields like urban planning, transport engineering, environment, municipal finance etc.
- It furthers the Government’s endeavors to boost community partnership and government-academia-industry-civil society linkages.
Why need such a program?
- India has a substantial pool of technical graduates for whom exposure to real-world project implementation and planning is essential for professional development.
- General education may not reflect the depth of productive knowledge present in society.
- Instead of approaching education as ‘doing by learning,’ our societies need to reimagine education as ‘learning by doing.’
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Joynagar Moa
Mains level: NA
The Joynagar Moa, the popular Bengal sweet got 10 year extension for its Geographical Indication (GI) tag.
Joynagar Moa
- The moa is a popped-rice ball held together with fresh date-palm jaggery, extracted from the beginning of December till the end of February.
- Its manufacture is so synonymous with Joynagar, a settlement on the outskirts of Kolkata, that it earned the Geographical Indication tag of Joynagar Moa in 2015.
How is it made?
- A moa is made with khoi (puffed rice). The best ones are made with khoi from a rice variety known as kanakchur.
- It uses cardamom and Bengal’s legendary nolen gur (a liquid jaggery made from date palms and found only in winter).
Back2Basics: Geographical Indication (GI)
- 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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