Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Important aspects of the Data protection bill
Context
- On November 18th Government released the fourth iteration of the data privacy legislation: The Digital Personal Data Protection Bill, 2022 (Bill).
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- The journey towards data protection legislation began in 2011 when the department of Personnel and Training initiated discussions on the Right to Privacy Bill, 2011.
- The major fillip to the data protection case was given by the K. Puttuswamy judgment, 2017 where the supreme court held the “Right to privacy” as a fundamental right under Article 21- right to life and personal liberty.
- After the Puttaswamy judgment, the government-appointed B.N Srikrishna committee the drafting of a law for data protection and privacy. This led to the Justice B.N. Srikrishna committee report which later on led to the Personal Data Protection Bill of 2019.
Two major stakeholders of the Legislation Data principles and data Fiduciary
- Data Principle: Data principles refers to the subject whose data is being processed. While the Bill lists the “duties” of the Data Principals, these have no bearing on the realisation of the rights provided by the Bill.
- Data Fiduciary: It is an entity that processes this data. The drafters of the Bill seem to be affirming that the Data Fiduciary is responsible for safeguarding the interests of Data Principals.
- What is Data Fiduciary: The use of the term, “fiduciary” whilst referring to a data processor is significant. In different spheres of the law, when one party owes a “fiduciary” duty towards another a trustee, beneficiary, guardian or ward, the relationship between the two is guided by trust, assurance and good faith.
- Obligations of data fiduciaries towards data principles: In line with this philosophy, the rest of the Bill describes the obligations of the Data Fiduciaries towards Data Principals, the rights and duties of the latter and the regulatory framework through which data will be processed.
Two noteworthy aspects of the Bill
- Bill outlined the category of Data fiduciaries: In addition to the general obligations to prevent the misuse of the personal data of individuals, the Bill has outlined a category of Significant Data Fiduciaries, entities that are required to comply with additional measures to safeguard the personal data of individuals.
- Why is this distinction being necessary: This distinction is essential as only companies that process vast amounts of data or have a potential impact on the country’s sovereignty and integrity need to take such stringent measures. Such measures reduce the compliance cost of companies that are at a nascent stage.
- Relaxing Data localisation norms: Onerous provisions on “data localisation” in the previous versions of the Bill, which mandated companies to store user data only within India, have been omitted.
- How this move will maintain balance: The reworked Bill permits the government to notify countries to which data transfers may be permitted. This is a major respite for several tech companies, who have long talked about the infeasibility of the data localisation provisions. A balance has now been struck between the legitimate concerns of businesses and the protection of personal data of individuals.
Where else does this bill need attention?
- Focus remains only on the nature and gravity of the violation: While the Bill is, by and large, comprehensive. Section 25 and Schedule I, that deal with penalties, require elaboration. Section 25 refers to the quantum of financial penalty that must be imposed on a person guilty of non-compliance in matters related to detail. The focus remains only on the nature and gravity of the violation. The proposed legislation does not consider the financial ranking of a company before imposing penalties.
- The bill must take financial ranking of the company in consideration: The Bill must ensure that the penalties imposed are proportionate to the size and operations of a company, to be effective, fines must not drive companies into economic loss.
- For instance: A leaf can be taken from the European Union’s General Data Protection Regulation (GDPR), amongst other similar regulations, which levies penalties in accordance with the total turnover of companies.
What makes this bill distinct and comprehensive?
- Promoting cooperation: The Bill safeguards individual data, whilst also promoting cooperation between data fiduciaries and the government.
- As per the India’s requirements: While it draws upon the best practices of foreign jurisdictions, such as Europe and Australia, it has been drafted in a manner that is tailor-made to India’s requirements.
- Exemptions are restrictive: Even the exemptions granted to the Centre are extremely restrictive and in sync with past judicial precedents and Article 19(2) of the Constitution.
- Significant shift in drafting legislation: The Bill marks a significant shift in the manner of drafting legislation. Historically, comprehending a piece of legislation in India has usually been akin to the membership of an exclusive club only legal practitioners, policy professionals and a handful of politicians are able to understand and interpret laws.
- Ensures simplification and accessibility to ordinary citizens: This Bill marks a transition from legalese to legal simplification, it realises that it is in our best interests to ensure that all laws especially legislation that have a significant impact on citizens are made accessible to all individuals irrespective of their professional or educational standing.
Conclusion
- The Bill safeguards individual data, whilst also promoting cooperation between data fiduciaries and the government. While it draws upon the best practices of foreign jurisdictions, it has been drafted in a manner that is tailor-made to India’s requirements. Exemptions granted to the Centre are extremely restrictive.
Mains Question
Q. What are the salient aspects of the Digital Personal Data Protection Bill? Discuss what makes it unique and inclusive.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Read the attached story
Mains level: Uniform Civil Code
States are empowered to enact personal laws that decide issues such as succession, marriage and divorce, in their endeavor to secure a uniform civil code (UCC), Law Minister informed the Rajya Sabha.
What did Law Minister say?
- Personal laws such as intestacy and succession; wills; joint family and partition; marriage and divorce, relate to Entry 5 of List-III-Concurrent List of the Seventh Schedule to the Constitution.
- Hence, the States are also empowered to legislate upon them.
- And many states are announcing the implementation of UCC in the election manifestos.
What is a Uniform Civil Code (UCC)?
- A UCC is one that would provide for one personal civil law for the entire country.
- This would be applicable to all religious communities in their personal matters such as marriage, divorce, inheritance, adoption etc.
Basis for UCC
- Article 44, one of the Directive Principles of the Constitution lays down that the state shall endeavour to secure a UCC for the citizens throughout the territory of India.
- These, as defined in Article 37, are not justiciable (not enforceable by any court) but the principles laid down therein are fundamental in governance.
UCC vs. Right to Freedom of Religion
- Article 25 lays down an individual’s fundamental right to religion
- Article 26(b) upholds the right of each religious denomination or any section thereof to “manage its own affairs in matters of religion”
- Article 29 defines the right to conserve distinctive culture
Reasonable restrictions on the Freedom of Religion
- An individual’s freedom of religion under Article 25 is subject to “public order, health, morality” and other provisions relating to FRs, but a group’s freedom under Article 26 has not been subjected to other FRs.
- In the Constituent Assembly, there was division on the issue of putting UCC in the fundamental rights chapter. The matter was settled by a vote.
- By a 5:4 majority, the fundamental rights sub-committee headed by Sardar Patel held that the provision was outside the scope of FRs and therefore the UCC was made less important.
Enacting and Enforcing UCC
- Fundamental rights are enforceable in a court of law.
- While Article 44 uses the words “state shall endeavour”, other Articles in the ‘Directive Principles’ chapter use words such as “in particular strive”; “shall in particular direct its policy”; “shall be obligation of the state” etc.
- Article 43 mentions “state shall endeavour by suitable legislation” while the phrase “by suitable legislation” is absent in Article 44.
- All this implies that the duty of the state is greater in other directive principles than in Article 44.
What are more important — fundamental rights or directive principles?
- There is no doubt that fundamental rights are more important.
- The Supreme Court held in Minerva Mills (1980): Indian Constitution is founded on the bed-rock of the balance between Parts III (Fundamental Rights) and IV (Directive Principles).
- To give absolute primacy to one over the other is to disturb the harmony of the Constitution.
- Article 31C inserted by the 42nd Amendment in 1976, however, lays down that if a law is made to implement any directive principle, it cannot be challenged on the ground of being violative of the FRs under Articles 14 and 19.
What about Personal Laws?
- Citizens belonging to different religions and denominations follow different property and matrimonial laws which are an affront to the nation’s unity.
- If the framers of the Constitution had intended to have a UCC, they would have given exclusive jurisdiction to Parliament in respect of personal laws, by including this subject in the Union List.
- “Personal Laws” are mentioned in the Concurrent List.
Various customary laws
- All Hindus of the country are not governed by one law, nor are all Muslims or all Christians.
- Muslims of Kashmir were governed by a customary law, which in many ways was at variance with Muslim Personal Law in the rest of the country and was, in fact, closer to Hindu law.
- Even on registration of marriage among Muslims, laws differ from place to place.
- In the Northeast, there are more than 200 tribes with their own varied customary laws.
- The Constitution itself protects local customs in Nagaland. Similar protections are enjoyed by Meghalaya and Mizoram.
- Even reformed Hindu law, in spite of codification, protects customary practices.
Why need UCC?
- UCC would provide equal status to all citizens
- It would promote gender parity in Indian society.
- UCC would accommodate the aspirations of the young population who imbibe liberal ideology.
- Its implementation would thus support the national integration.
Hurdles to UCC implementation
- There are practical difficulties due to religious and cultural diversity in India.
- The UCC is often perceived by the minorities as an encroachment of religious freedom.
- It is often regarded as interference of the state in personal matters of the minorities.
- Experts often argue that the time is not ripe for Indian society to embrace such UCC.
These questions need to be addressed which are being completely ignored in the present din around UCC.
- Firstly, how can uniformity in personal laws are brought without disturbing the distinct essence of each and every component of the society.
- Secondly, what makes us believe that practices of one community are backward and unjust?
- Thirdly, has other uniformities been able to eradicate inequalities which diminish the status of our society as a whole?
Way forward
- It should be the duty of the religious intelligentia to educate the community about its rights and obligations based on modern liberal interpretations.
- A good environment for the UCC must be prepared by the government by explaining the contents and significance of Article 44 taking all into confidence.
- Social reforms are not overnight but gradual phenomenon. They are often vulnerable to media evils such as fake news and disinformation.
- Social harmony and cultural fabric of our nation must be the priority.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Social Progress Index (SPI)
Mains level: Read the attached story
Economic Advisory Council to Prime Minister (EAC-PM) will release the Social Progress Index (SPI) for states and districts of India on December 20, 2022.
Social Progress Index (SPI) Report
- SPI is a comprehensive tool intended to be a holistic measure of the Social Progress made by the country at the national and sub-national levels.
- The report has been prepared by Institute for Competitiveness, headed by Dr Amit Kapoor and the Social Progress Imperative, headed by Michael Green.
- It was mandated by Economic Advisory Council to the Prime Minister of India.
Objectives of the report
- With state and district-wise rankings and scorecards, the report aims to provide a systematic account of the social progress made at all levels in the country.
- The report also sheds light on the achievements of the districts that have performed well on the index and the role of the states in achieving social progress.
- A special section of the report provides an analysis of the Aspirational Districts of India, leading to a broader understanding of the social progress at the grassroots level.
- The report will act as a critical enabler and tool for policymakers in the coming years for achieving sustained socio-economic growth.
Components of SPI
SPI assesses the performance of states and districts on three dimensions of social progress:
- Basic Human Needs: It assesses the performance of states and districts in terms of Nutrition and Basic Medical Care, Water and Sanitation, Personal Safety and Shelter.
- Foundations of Wellbeing: It evaluates the progress made by the country across the components of Access to Basic Knowledge, Access to Information and Communication, Health and Wellness, and Environmental Quality.
- Opportunity: It focuses on aspects of Personal Rights, Personal Freedom and Choice, Inclusiveness, and Access to Advanced Education.
(This newscard will be updated once the report is published.)
Need for SPI
- GDP is not a holistic measure of a nation’s development: It would be incorrect to state that the economic progress is completely divorced from progress made in areas mentioned above.
- Social outcomes of developmental economics: The primary goal of the SPI is to provide a rigorous tool to benchmark progress and stimulate progress within countries.
- No single holistic parameter available: Several indicators, like GHI and HDI, go beyond GDP, but none captures social progress as finely as SPI.
- Doing away with biased reports: India does not display a respectable position in the index, as even the small neighbours like Nepal have a better rank. India is also the lowest rank holder in BRICS.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: CPJ Report
Mains level: Freedom of press
The number of journalists jailed around the world for practicing their profession has touched a record high, with 363 reporters deprived of their freedom as of December 1, 2022, according to the 2022 prison census released by the Committee to Protect Journalists (CPJ).
About Committee to Protect Journalists (CPJ)
- The CPJ is an American independent non-profit, non-governmental organization, based in New York City, New York, with correspondents around the world.
- CPJ promotes press freedom and defends the rights of journalists.
- It is often called as the “Journalism’s Red Cross.”
- Since late 1980s, the organization has been publishing an annual census of journalists killed or imprisoned in relation to their work.
Key highlights of CPJ report
- This year’s top five jailers of journalists were Iran, China, Myanmar, Turkey, and Belarus, respectively.
- New ‘fake news’ laws, criminal defamation, and abuse of judiciary are also tactics used to clamp down on press freedom.
- This year’s top five jailers of journalists were Iran, China, Myanmar, Turkey, and Belarus, respectively.
- These govt aimed to keep the lid on broiling discontent in a world disrupted by COVID-19 and the economic fallout from Russia’s war on Ukraine.
- In China, too, another ‘worst offender’, many imprisoned journalists were Uighurs from Xinjiang.
What did it say about India?
India continues to draw criticism over its treatment of the media, in particular its use of-
- Jammu and Kashmir Public Safety Act,
- Preventive detention law- to keep journalists behind bars after they were granted court-ordered bail in separate cases,
- Terrorism-related Unlawful Activities (Prevention) Act to investigate and charge the journalists.
Why does this report matter?
- Earlier this year, India has reached 150th position in the World Press Freedom Index, dropping further from its last year’s 142nd rank out of 180 countries.
- The safety of journalists is a grave concern in the Indian media landscape.
Conclusion
- The right occasion to deliberate about the much-needed reforms in the media ecosystem in the country is due.
- Establishing plurality in ownership, better legal frameworks to protect journalists, and steps to reduce the influence of vested interest groups in Media operations are the immediate steps required.
Back2Basics: Freedom of Press and Constitutional Provisions
- The Supreme Court in Romesh Thappar v. the State of Madras, 1950 observed that freedom of the press lay at the foundation of all democratic organisations.
- It is guaranteed under the freedom of speech and expression under Article 19, which deals with ‘Protection of certain rights regarding freedom of speech, etc.
- Freedom of the press is not expressly protected by the Indian legal system but it is impliedly protected under article 19(1) (a) of the constitution.
- The freedom of the press is also not absolute.
Reasonable restrictions
- A law could impose only those restrictions on the exercise of this right, it faces certain restrictions under article 19(2), which is as follows:
- Sovereignty and integrity of India
- Security of the State,
- Friendly relations with foreign States
- Public order, decency or morality
- Contempt of court
- Defamation
- Incitement to an offence
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Agni Missiles
Mains level: LAC skirmishes
India successfully carried out the night trials of the Agni V nuclear-capable ballistic missile days after Indian and Chinese troops clashed in Tawang district of Arunachal Pradesh.
Why in news?
- It was a midnight test fire.
- And there are rumours about the increased range and stealth capabilities of Agni-V missile.
Agni Missiles
- Agni missiles are long range, nuclear weapons capable surface to surface ballistic missile.
- The first missile of the series, Agni-I was developed under the Integrated Guided Missile Development Program (IGMDP) and tested in 1989.
- After its success, Agni missile program was separated from the IGMDP upon realizing its strategic importance.
- It was designated as a special program in India’s defence budget and provided adequate funds for subsequent development.
Variants of Agni missiles
- Agni I: It is a Medium Range Ballistic Missile with a Range of 700-800 km.
- Agni II: It is also a Medium Range Ballistic Missile with a Range more than 2000 km.
- Agni III: It is also an Inter-Medium Range Ballistic Missile with Range of more than 2,500 Km
- Agni IV: It is also an Inter-Medium Range Ballistic Missile with Range is more than 3,500 km and can fire from a road mobile launcher.
- Agni-V: Currently it is the longest of Agni series, an Inter-Continental Ballistic Missile (ICBM) with a range of over 5,000 km.
- Agni- VI: The longest of the Agni series, an Inter-Continental Ballistic Missile (ICBM) with a range of ICBM 11,000–12,000 km.
Strategic significance of Agni Missiles
- The success of AGNI missiles is in line with India’s stated policy to have ‘credible minimum deterrence’ that underpins the commitment to ‘No First Use’.
- What makes Agni 5 agile is that it is a “canisterised” missile. It means that the missile can be launched from road and rail platforms, making it easier for it to be deployed and launched at a quicker pace.
- The canisterisation also gives the missile a longer shelf life, protecting it from the harsher climatic conditions.
- While India is among the handful of nations with ICBM capability.
- The next generation of the missile, Agni VI, under development, is expected to have a range of around 8,000 km.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Women empowerment and Political Participation
Context
- On the occasion of the 75th year of India’s independence, the Prime Minister articulated a bold vision that in the coming 25 years, “Nari Shakti” would play a vital role in India’s socio-economic developmental journey.
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Background: Status of women In India
- Elevated status in ancient texts and thoughts: Culturally and mythologically, women have enjoyed an elevated status in India. For example, it is mentioned in the Kena Upanishad that it was the goddess Uma who enlightened the three powerful but ignorant gods, Indra, Vayu, and Agni, to the profound mystery of Brahman.
- Experience of women in modern era is far from ideal: Women have faced discrimination in the household and at jobs, and for a long time, they were victims of political indifference and neglect.
- Recognizing the Nari Shakti: In recent decades, “Nari Shakti” has been reasserted through micro and silent revolutions. There are some silent women-led changes transforming our society politically and economically But there is need to highlight the challenges that remain in women fulfilling their true potential as modern nation-builders of India.
- Gender gap in voter turnout is diminishing rapidly as women often exceeds male voter turnout: Research on women voters using historical data has revealed that since 2010, the gender gap in voter turnout has diminished significantly and the recent trends show women voter turnout often exceeds male voter turnout. This massive increase is a nationwide phenomenon and is also observed in less developed regions of the country where traditionally, the status of women has been significantly lower.
- Dramatic increase in women contesting election particularly in panchayat level: Since 2010, many more women have been contesting elections. To put this in perspective, in the 1950s, in the state assembly elections, women contested elections in approximately 7 per cent of the constituencies, but by the 2010s, women were competing in 54 per cent of the constituencies. This is particularly remarkable at the grass roots panchayat level where 50 per cent seats have been reserved for women for over a decade now.
Results of this positive change
- Women voters can no longer be neglected or marginalized: A key implication of this is that women voters can no longer be marginalised or neglected; they demand respect and command attention.
- Political entrepreneurs compelled to address women issues: This silent revolution has compelled political entrepreneurs and grounded leaders to design policies addressing issues that women care about. It is not surprising that some of the most dramatic policy changes concerning poverty reduction since 2015-16 have been in the form of networking of households across the nation through amenities such as cooking fuel, sanitation, water, and electricity. These are also the key drivers of long-term economic growth.
- Rising women voters compelled political parties to make law and order a critical issue: In less developed regions where women and children have been the biggest victims of lawlessness, the silent revolution of rising women voters has compelled political parties to make law and order a critical political issue.
- Positive response by political parties: Political parties and leaders are now responding to this by improving access and affordability to basic needs of ordinary people like amenities and infrastructure rather than focusing on the rhetoric of caste and communalism. This is in sharp contrast to the “democratic recession” that is being experienced in the rest of the world.
Challenges ahead
- Women employment a biggest challenge: According to World Bank data, the female labour force participation rate has declined from 32 per cent in 2005 to 19 per cent in 2022. Labour force participation does not consider unpaid domestic services, which include household services such as taking care of the children and the elderly.
- More hours spent is in unpaid domestic services: Our research based on data from the time use surveys in India in 2018–19 reveals that women in the age group of 25 to 59 years spend approximately seven hours daily in unpaid domestic services.
- Double burden of working is one of the reasons behind decline of women labour participation: Double burden of working women perhaps is one of the critical reasons for the decline in the women’s labour force participation rate. In sharp contrast, working or non-working men in the same age group spend less than 45 minutes on unpaid domestic or caregiving services.
- Declined fertility rate: Fertility rates have declined dramatically below the replacement rate, the share of the ageing population has increased, and there is an alarming increase in the percentage of kinless elderly.
Did you know Baumol Cost Disease?
- The care industry is labour-intensive and, therefore, subject to Baumol Cost Disease, implying that the cost of providing care would keep rising over time.
Way ahead
- On labour force participation: It is essential to look at the experience of advanced countries, where increased participation of women in the labour force has come at the expense of family structure.
- On dynamics of household and elderly care, sharing burden by men is a necessity: If we want more women to participate in the labour force, and at the same time preserve the family structure, then men would have to share the burden of unpaid domestic services. This would require a break from tradition and the creation of new modern narratives and myths.
Conclusion
- As India takes over the presidency of G20, it is an occasion to celebrate “Nari Shakti” and political empowerment a stupendous increase in women voter turnout in the decade has strengthened and made our democracy more progressive. Women’s political empowerment has been a bottom-up revolution in India and holds lessons for other countries.
Mains question
Q. Culturally and mythologically, women hold a high position in India. However, there are still challenges in women fulfilling their true potential as India’s modern nation-builders. Discuss.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Basics of Budget
Mains level: Capital expenditure and fiscal consolidation
Context
- The 2023-24 Union budget will be announced on February 1, followed by the states’ respective budgets. These budgets will set the policy tone for the rest of the year and, as such, are followed closely.
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Situation of Capex and fiscal consolidation after pandemic
- Rise in fiscal deficit: The overall fiscal deficit of the government has soared and we believe the next few years will be all about getting it back on track.
- Rising interest payments: This is important because interest payments on past debt make up a whopping 50 per cent of net tax revenues for the central government, leaving very little room for other spending.
- less room for social spending: Given the needs of the economy on various fronts like health, education and capex, it is important to lower the interest burden over time. That can only be achieved by fiscal consolidation.
Analysing the tax revenue and expenditure of central and state Government
- Central government tax revenues have risen faster than state revenues: Both benefitted as small and informal firms struggled with the lockdowns and lost market share to large firms, which tend to pay more taxes.
- Disparity in revenue collection: A large chunk of the tax revenues in the early part of the pandemic period came from the “special” duty and surcharge on oil, which went primarily to the central government. To be fair, the central government subsequently cut the duty on oil (in both 2021-22 and 2022-23) and the tax share that went to the states rose somewhat.
- Capex of centre is more: The Centre has committed to more current expenditure than the states. While it increased across the board during the pandemic, current expenditure rose more for the central government.
- Higher spending on social schemes: This was led by higher social welfare spending (for instance, on the free food distribution scheme) and, more recently, higher subsidies (for example, fertilisers) in the face of rising commodity prices.
- States have a moderate capex: The common perception is that states have gone all out on unsustainable current expenditure. But the data shows that it’s just a few states which have spent heavily (for example, Telangana, Assam, West Bengal and Punjab).
- The central government capex has risen but state capex has contracted: Making a commendable choice, the central government used both its tax bounty as well as its ability to borrow more at a time when banking sector liquidity was loose to raise capex spending, which rose by 1.2 per cent of GDP between 2019-20 and 2021-22.
- Cut in state capex: On the other hand, the states cut back on capex, which has fallen as a percentage of GDP over the last few years, and continues to be on a weak footing in the current year. In fact, putting the central government’s capex alongside the state and public sector capex shows that the overall public sector thrust is not any stronger than it was back in 2018-19.
- Centre has breached the fiscal deficit target: The central government’s fiscal deficit has overshot targets while the state deficit is relatively contained. At a budgeted 6.4 per cent of GDP in 2022-23, the central government’s fiscal deficit has risen above the pre-pandemic level of 3.4 per cent in 2018-19, and is well above the 3 per cent medium-term target.
- Sharp fall in states fiscal deficit target: Even though the state fiscal deficit rose in the first year of the pandemic (from 2.5 per cent of GDP in 2018-19 to 3.8 per cent in 2020-21), it has fallen sharply since (to 2.7 per cent in 2021-22).
- Low borrowing by states: In fact, state government borrowing is rather low in the current year so far. If this continues, the fiscal deficit could be even lower in 2022-23 (around 2.5 per cent of GDP), which is well under the 3 per cent medium-term target, and bang in line with pre-pandemic levels.
What are the challenges?
- Less consolidation by states: The states have less fiscal consolidation to do than the central government.
- High quality spending: Both have a common challenge to commit to more capex, which is considered high quality spending as it “crowds in” private investment if done responsibly. And we believe investment is the only sustainable way to increase the capacity of the economy to grow and create jobs.
- Balancing the capex and fiscal consolidation: For the central government, the challenge is to hold on to its capex push at a time of fiscal consolidation. For the states, the challenge is to start doing more.
What should be the way forward?
- Lowering the fiscal deficit: The central government’s aim is to lower the fiscal deficit by about 2 per cent of GDP over the next three years. About half of this consolidation can come from lowering current expenditure to pre-pandemic levels.
- Raising the tax revenue through formalization: Continued formalisation of the economy that raises tax revenues (though “organic” formalisation will likely be more sustainable than “forced” formalisation).
- Disinvestment of PSUs: A bigger push for disinvestment by selling stakes in public-owned companies, and further tax reforms (in terms of direct taxes and the GST).
- Capex cut is the last option: If these don’t work, the default option will be to cut capex, which is a concern as it has implications for medium-term growth.
Conclusion
- Fiscal consolidation and capital expenditure should go hand in hand. More government spending means more infrastructure building and more chances of growth and employment. However, this spending should be done with sound fiscal base.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Census in colonial rule
Mains level: Impact of colonial rule
Context
- A recent study of India’s experience under colonial rule by Dylan Sullivan and Jason Hickel concludes that data from the Census of India reveal that between 1880 and 1920 approximately 100 million Indians died due to British policy in India. Their method is to calculate the excess mortality, being the difference between the actual deaths and the deaths that may be expected.
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What are assumptions made by their study?
- Mortality rate before colonial rule: Before colonial rule, the mortality rate of India is unlikely to have been very different from that of contemporary England.
- Deaths due to colonial policies during the period of 1880-1920: The resulting estimates for excess deaths during 1880-1920 are 50 million in the first case and 160 million in the second one, respectively. The authors settle for the midway figure of approximately 100 million for the deaths caused in India due to colonial policy.
- Figure is greater than deaths from famine in other countries: For perspective, they point out that this figure is greater than the death from famine in “the Soviet Union, Maoist China, North Korea, Pol Pot’s Cambodia, and Mengistu’s Ethiopia”. In their view, this provides a direct assessment of the consequences of the Raj for India.
Study quantifying the impact of colonial rule in India
- Change in national income as a basis to quantify impact of colonial rule is non-existent: Attempts to quantify the impact of colonial rule in India have mostly relied on the change in national income. But reliable income data for the nineteenth century are almost non-existent. Population figures, though, are available from the time of the first Census of India in 1871.
- Steady rise in mortality rate: The mortality rate in British India is seen to rise steadily after 1881, recording an increase of close to 20% by 1921. As it is unusual for the mortality rate of a country to rise continuously due to natural causes, this suggests that the living conditions worsened during this period.
- Mortality rate dipped in last census in British India but famine is not recorded: The mortality rate dipped in 1931, which was the last census conducted in British India, but the last famine recorded in the country was yet to come. It took place in Bengal in 1943, in the last five years of the close to two centuries of British colonial rule.
- British arguments for the empire: Arguments include “English forms of land tenure, the English language, banking, the common law, Protestantism, team sports, the limited state, representative assemblies, and the idea of liberty”, have been advanced by the Harvard historian Niall Ferguson.
- No mention of the famines: There is no mention of the famines which started almost at the onset of rule by the East India Company in Bengal, the de-industrialisation of India in the nineteenth century, the drain of wealth, or the worsening food security as India’s peasants were forced to grow commercial crops for export so that Britain could balance its trade.
- Population explosion but the life expectancy increased: The belief that British policy in India caused repeated famines is bolstered by the fact that there has not been a single famine since 1947. This is despite a population explosion following a sharp fall in death rates. The decline in the mortality rate surely signals improved living conditions. The Census shows that in the 1950s, life expectancy at birth of Indians increased by more than it did in the previous seventy years.
Census as a double-edged sword
- Worsening gender inequality in India after 1947: It points to a worsening gender inequality in India. A simple indicator of this would be the ratio of females to males in the population. It is believed that in the absence of factors that lower the life chances of women, including foeticide, this ratio would tend to one. The Census of India shows that we have not attained that level in our recorded history, except in pockets within the country.
- Trend in gender inequality: While this is disturbing in itself what is more so is that this ratio has steadily declined after 1947. After declining for four decades from 1951 it started inching up in 1991. But in 2011, it was yet lower than what it was in 1951.
- Life expectancy faster for man than women: So, even though life expectancy increased soon after Independence, in the early years at least it increased faster for men than it did for women.
Conclusion
- The Census of India not only helps understand the perils of British rule, but also flags the roadblocks lying ahead. As India chants Vasudhaiva Kutumbakam at the G-20, implying that the nations of the world are a family, it behooves us to ensure that all the persons in our own family enjoy the same freedoms.
Mains Question
Q. According to the census of the time discuss the impact of colonial rule in India. The Census of India not only helps understand the perils of British rule, but also flags the roadblocks lying ahead. Discuss.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: PFMS, PAC
Mains level: Read the attached story
The Public Accounts Committee (PAC), in its report found that the tasks related to the implementation of the PFMS appeared to have been dealt with a casual approach and there was no proper financial planning.
Public Finance Management System (PFMS)
- PFMS is an online platform developed and implemented by the office of the Controller General of Accounts (CGA) under the Union Ministry of Finance.
- The PFMS portal is used to make direct payments to beneficiaries of government schemes.
- PFMS initially started as a Plan scheme named CPSMS of the Planning Commission in 2008-09 as a pilot in four States of Madhya Pradesh, Bihar, Punjab and Mizoram.
- It was for four Flagship schemes e.g. MGNREGS, NRHM, SSA and PMGSY.
- In December, 2013 the Union Cabinet approved the national roll out of PFMS for all States.
Mandate of PFMS
PFMS has been mandated the following:
- It acts as a financial management platform for all plan schemes and allows for efficient and effective tracking of fund flow to the lowest level of implementation for the planning scheme of the Government.
- It is mandated to provide information on fund utilization leading to better monitoring, review, and decision support system to enhance public accountability in the implementation of plan schemes.
- To result in effectiveness and economy in Public Finance Management through better cash management for Government transparency in public expenditure and real-time information on resource availability and utilization across schemes.
Achievements of PFMS
- PFMS can be credited to the transformation of Direct Beneficiary Transfers space in financial governance in India.
- An estimated 102 crore DBT transactions were done through PFMS in FY 19-20 amounting to about ₹2.67 lakh crore.
- Through efficient use of technology, PFMS is estimated to have saved about ₹1 lakh crore in direct beneficiary transfers.
Factors that could determine the successful evolution of PFMS in future
- Agility in terms of Onboarding/Integrating all Govt. accounts: Only after ensuring significant coverage, the true execution of the concept will take place.
- Effective data management capabilities: PFMS will have to add significant data management capabilities in order to ensure better monitoring/review to deliver on the idea of a decision support system for effective cash management or management of idle float in the system.
- Constantly upgrading: Adaption to rapid changes in technology is another key area that would call for a considerable amount of focus both in terms of gradation and monitoring.
- Collaboration with the banking system: Lastly, one of the most critical factors for the successful execution of PFMS is its integration with the banking systems.
What did PAC observe now?
- PAC is concerned over data security of PFMS.
- It observed that in the absence of a dedicated workforce, a key strategic system like the PFMS could possibly encounter new threats every now and then owing to the advancements in technology.
- It stressed the need for a thorough assessment of physical and technical infrastructure along with back-up arrangements required in the PFMS scheme.
Conclusion
- The PFMS has revolutionized the ways public finances are managed in the country.
- With constant improvement and increasing coverage, the scope of PFMS is ever-increasing.
Back2Basics: Public Accounts Committee
- The PAC is a committee of selected members of parliament constituted for the purpose of auditing the revenue and the expenditure of the Government of India.
- It was established in 1921 after its first mention in the Government of India Act, 1919.
- PAC is one of the parliamentary committees that examine the annual audit reports of CAG, which the President lays before the Parliament of India.
- It seeks to examines public expenditure.
- Those three reports submitted by CAG are:
- Audit report on appropriation accounts
- Audit report on finance accounts
- Audit report on public undertakings
Its members-
- It consists of not more than twenty-two members, fifteen elected by Lok Sabha and not more than seven members of Rajya Sabha, the upper house of the Parliament.
- The members are elected every year from amongst its members of respective houses according to the principle of proportional representation by means of single transferable vote.
- None of its members are allowed to be ministers in the government.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: National cybersecurity strategy
The National Security Council Secretariat (NSCS) has formulated a draft National Cyber Security Strategy, which holistically looks at addressing the issue of security of national cyberspace, the government informed the Lok Sabha.
What is the National Cyber Security Strategy?
Conceptualised by the Data Security Council of India (DSCI), the report focuses on 21 areas to ensure a safe, secure, trusted, resilient, and vibrant cyberspace for India.
The main sectors of focus of the report are:
- Large scale digitisation of public services: There needs to be a focus on security in the early stages of design in all digitisation initiatives and for developing institutional capability for assessment, evaluation, certification, and rating of core devices.
- Supply chain security: There should be robust monitoring and mapping of the supply chain of the Integrated circuits (ICT) and electronics products. Product testing and certification needs to be scaled up, and the country’s semiconductor design capabilities must be leveraged globally.
- Critical information infrastructure protection: The supervisory control and data acquisition (SCADA) security should be integrated with enterprise security. A repository of vulnerabilities should also be maintained.
- Digital payments: There should be mapping and modelling of devices and platform deployed, transacting entities, payment flows, interfaces and data exchange as well as threat research and sharing of threat intelligence.
- State-level cyber security: State-level cybersecurity policies and guidelines for security architecture, operations, and governance need to be developed.
What steps does the report suggest?
To implement cybersecurity in the above-listed focus areas, the report lists the following recommendations:
- Budgetary provisions: A minimum allocation of 0.25% of the annual budget, which can be raised up to 1% has been recommended to be set aside for cyber security.
- Ministry-wise allocation: In terms of separate ministries and agencies, 15-20% of the IT/technology expenditure should be earmarked for cybersecurity.
- Setting up a Fund of Funds: The report also suggests setting up a Fund of Funds for cybersecurity and to provide central funding to States to build capabilities in the same field.
- R&D, skill-building and technology development: The report suggests investing in modernisation and digitisation of ICTs, setting up a short and long term agenda for cyber security via outcome-based programs and providing investments in deep-tech cyber security innovation.
- National framework for certifications: Furthermore, a national framework should be devised in collaboration with institutions like the National Skill Development Corporation (NSDC) and ISEA (Information Security Education and Awareness) to provide global professional certifications in security.
- Creating a ‘cyber security services’: The DSCI further recommends creating a ‘cyber security services’ with cadre chosen from the Indian Engineering Services.
- Crisis management: For adequate preparation to handle crisis, the DSCI recommends holding cybersecurity drills which include real-life scenarios with their ramifications. In critical sectors, simulation exercises for cross-border scenarios must be held on an inter-country basis.
- Cyber insurance: Cyber insurance being a yet to be researched field, must have an actuarial science to address cybersecurity risks in business and technology scenarios as well as calculate threat exposures.
- Cyber diplomacy: Cyber diplomacy plays a huge role in shaping India’s global relations. To further better diplomacy, the government should promote brand India as a responsible player in cyber security and also create ‘cyber envoys’ for the key countries/regions.
- Cybercrime investigation: It also suggests charting a five-year roadmap factoring possible technology transformation, setting up exclusive courts to deal with cybercrimes and remove backlog of cybercrimes by increasing centres providing opinion related to digital evidence under section 79A of the IT act.
- Advanced forensic training: Moreover, the DSCI suggests advanced forensic training for agencies to keep up in the age of AI/ML, blockchain, IoT, cloud, automation.
- Cooperation among agencies: Law enforcement and other agencies should partner with their counterparts abroad to seek information of service providers overseas.
What next?
- India has to contend with the importance and necessity of cyber offences as much as cyber defence.
- As of today, India’s primary or possibly only response measures appear to be defensive.
- India has to also invest in more offensive cyber means as a response.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Airport traffic management
As more passengers take to the skies, airports in India’s top cities—Delhi, Mumbai, and Bengaluru—are witnessing heavy traffic.
What is causing congestion at airports?
- There are lengthy queues at airport entry, check-in counters, security, and immigration.
- There is crowding at baggage claim areas too.
- This is the result of an unexpected surge in demand for air travel because of the holiday season—the last two years saw muted demand during this period because of the pandemic.
- Air traffic has been 1-7% above pre-covid levels of 4 lakh daily flyers for the past 10 days.
- Consequently, the personnel strength of CISF at check-in, the number of X-Ray machines and automatic trays for security, as well as baggage belts, have fallen short in handling the demand.
Which airports are most affected?
- The congestion is more severe at airports with maximum connectivity such as Delhi, Mumbai, Bengaluru, and Hyderabad.
- The worst-hit is Delhi—the busiest airport in India and 10th busiest in the world.
- Delhi handles the largest share of international as well as domestic air traffic in the country with a 27% share in international segment for the country and 20% in overall air traffic in India.
- The airport, with three terminals, has a capacity to handle around 70 million passengers per annum.
- Over the last 10 days, the airport has handled over 190,000 passengers daily, which is close to its full capacity.
Is airport congestion an India-specific problem?
- Globally, air travel continues to face disruptions.
- Europe’s busiest airport, London Heathrow, needs to hire around 25,000 staff to manage peak hours.
- Schiphol in Amsterdam has imposed a 20% cap on capacity to manage traffic.
- The aviation industry laid off thousands of people during the pandemic, and expects staff strength to realign by mid-2023.
What is being done to decongest airports?
- The aviation ministry has recommended a reduction in the number of flights and more manpower at all check-in and baggage drop counters.
- It has sought for increasing the number of X-ray machines and baggage trays for security check.
- The government will also analyse manpower requirements at immigration counters and, if required, additional personnel will be deployed.
- IndiGo, the largest airline in India, has asked fliers to report 3.5 hours early for domestic flights from Delhi.
Easing the airport congestion
- There is no immediate solution, and the government’s action plan will only bring temporary relief. Increasing the number of personnel at entry, security, and immigration will take time.
- Higher usage of the contactless travel platform—Digi Yatra—for passengers without check-in luggage is expected to ease the congestion a bit.
- Cities like Delhi and Mumbai need additional infrastructure.
- However, the Jewar airport in Noida and the Navi Mumbai airport are expected to be operational only by 2024.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Beypore Uru, GI Tags in news
Mains level: Not Much
The District Tourism Promotion Council, Kozhikode has applied for a Geographical Indication (GI) tag for the famous Beypore Uru (boat).
Beypore Uru
- Beypore Uru is a wooden dhow (ship / sailing boat / sailing vessel) handcrafted by skilled artisans and carpenters in Beypore, Kerala.
- They are a symbol of Kerala’s trade relations and friendship with the Gulf countries.
- It is purely made of premium wood, without using any modern techniques.
- The wood used is still sawed the traditional way which requires immense expertise.
- It takes anywhere between 1-4 years to build each Uru and the entire process is done manually.
Its historic significance
- Historical records show that Beypore has been a legendary maritime hub for traders from across the world since the 1st Century C.E.
- The iconic Uru ships have been in high demand for around 2000 years.
- The history of Khalasis, skilled natives engaged in launching the Uru boats at Beypore, dates back to 2000 years.
- The prominent people among them are Odayis. They manage the technical matters of ship building.
- Their family name comes from Odam (a type of small ship previously used in interactions/trade between the Malabar coast and Lakshadweep).
- They are also referred to as Mappila Khalasis as majority of them are Mappila Muslims.
Try this PYQ:
Q.With reference to ‘Changpa’ community of India, consider the following statement:
- They live mainly in the State of Uttarakhand.
- They rear the Pashmina goats that yield fine wool.
- They are kept in the category of Scheduled Tribes.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 and 3 only
(c) 3 only
(d) 1, 2 and 3
Post your answers here.
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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Note4Students
From UPSC perspective, the following things are important :
Prelims level: India china border areas
Mains level: Chinese Transgression, India's preparedness and challenges
Context
- There has been yet another transgression by Chinese troops across the Line of Actual Control (LAC) between India and China. That it culminated in violence, that it took place this time in the Eastern Sector of their boundary dispute, or that it should take place in the middle of winter should surprise no one. If there is one lesson that can be drawn from India’s experiences with Chinese transgressions over the last decade or so, it is that the Chinese seem to set the pace on the nature and timing of these transgressions.
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Army’s statement about the clash
- On December 9, 2022, People’s Liberation Army (PLA) troops contacted the LAC in the Tawang sector, which was contested by own troops in a firm and resolute manner.
- This face-off led to minor injuries to a few personnel from both sides,” “Both sides immediately disengaged from the area.”
Events of Chinese transgressions: Need to understand the nature and timing
- Depsang in Ladakh, 2013: Chinese troops came across the LAC, pitched tents and refused to move for several weeks until New Delhi threatened to cancel the planned visit of Premier Li Keqiang to India. This might have been a diplomatic victory for the Indian government but it also highlighted the inability of the Indian military to bring an end to the standoff or the unwillingness of the government to let the military take the lead in responding.
- Chumar in Ladakh, Sept, 2014 in the middle of the Xi Jinping’s first visit to India: Chinese intruded at Chumar, also in Ladakh, in the middle of Chinese President Xi Jinping’s first state visit to India. This was in keeping with a reasonably long tradition of Chinese transgressions during important visits but it was also notable for confronting Indian troops in an area where they enjoyed a degree of military advantage.
- Doklam in 2017: China provoked India with infrastructure development in a third country in Bhutan’s Doklam territory. This was a case of China trying to browbeat an Indian treaty ally.
- Transgression across multiple locations in 2020 and Galwan valley clash: The Chinese PLA took advantage of Covid-19 and a lack of Indian military alertness to transgress across multiple locations on the LAC in eastern Ladakh. On June 15, 2020 episode when 20 Indian soldiers were killed and several others were injured in violent clashes with the PLA troops in Ladakh’s Galwan Valley.
- Status quo along the boundary are no longer going to be 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.
India’s preparedness and learnings from the incident
- Indian Army anticipated such kind of transgression in eastern sector: The Indian Army had for long anticipated that the PLA would activate the eastern sector of the LAC, and to that extent, it is evident that steps were taken to beef up military preparedness in the region.
- Light on what gaps to address: What the incident has effectively achieved though is the lighting up of one more section of the LAC at a time the issues in Ladakh have not yet been settled, from the point of view of India.
- China appears not want to disengage: After 16 rounds of talks, a disengagement has taken place in eastern Ladakh, but it has not restored the status quo that prevailed in April 2020. China, for its part, appears reluctant to hold any further rounds of talks on the leftover problems in Ladakh, including its play in Depsang and Demchok areas.
- China is only increasing the economic gap between itself and India: China has only increased the economic gap between itself and India and in the intervening years, not only built up more infrastructure in its border provinces but also tried to integrate these regions much more closely with neighbouring economies such as Pakistan and Nepal through grand projects such as the Belt and Road Initiative and pressuring Thimphu to open formal diplomatic ties with Beijing.
Way ahead
- India’s relationship with China has been teetering from bad to worse over the last 32 months since the standoff in Ladakh began, and it seems unlikely to improve unless Beijing’s calculus vis a vis India and the region undergoes a drastic change.
- While Delhi’s G20 leadership may bring opportunities for engagement with Beijing, what is required first is a clear vision and a grand strategy to deal with the China challenge, instead of reacting to each crisis as it emerges.
Conclusion
- With its sights on an ageing Dalai Lama, and the issue of his succession, Beijing will want to bring into focus its claims on Arunachal Pradesh. The border stand-off seems to have been managed for now, but Delhi needs a clear vision, grand strategy to deal with China instead of reacting to each crisis as it emerges.
Mains question
Q. There has been yet another transgression by Chinese troops across the Line of Actual Control (LAC) between India and China. Why China has opened new front in eastern sector? Discuss.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: WPA, FRA, CITES, etc.
Mains level: Issues with wildlife conservation , forests rights and criminalization laws
Context
- Rajya Sabha passed the Wildlife (Protection) Amendment Bill, 2021. The Lok Sabha had passed the Bill in the Monsoon Session. While aspects of protecting species against wildlife trade in line with international standards have scrutinised by civil society, MPs and the Parliamentary Standing Committee, the impact of the criminal legal framework fostered by the Wildlife Protection Act (WPA) is less known.
- The latest amendment invests in this conception of protected areas and species by adding to the list of protected species and augmenting the penal repercussions.
- The Bill amends the Wild Life (Protection) Act, 1972 by increasing the species protected under the law.
- There are 50 amendments to the Act proposed in the Bill.
- Substituting the definition of ‘Tiger and other Endangered Species’ to ‘Wild Life’, this Bill includes flora, fauna and aqua under its protection.
- The Bill also regulates wild life trade as per the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
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Criminal laws and wildlife conservation in latest amendment
- Criminal laws remain unchallenged: The need for criminal laws to assist wildlife conservation has remained unchallenged since its conception.
- Human- animal conflict not interpreted correctly: From regulated hunting to complete prohibition and the creation of ‘Protected Areas (PA)’ where conservation can be undertaken without the interference of local forest-dwelling communities, State and Forest Department control over forests and the casteist underpinnings of conservation would not have been possible without criminal law. In this context, pitting wildlife species against communities as human-animal conflict has eluded the true cost of criminalisation under the WPA.
- Questionable WPA’s policing framework: The recent move to increase penalties by four times for general violations (from ₹25,000 to ₹1,00,000) and from ₹10,000 to ₹25,000 for animals receiving the most protection should raise questions about the nature of policing that the WPA engenders.
Study by the Criminal Justice and Police Accountability Project (CPA Project) in Madhya Pradesh
- Records found says forest dwellers are majority of accused in wildlife related crimes: found that persons from oppressed caste communities such as Scheduled Tribes and other forest-dwelling communities form the majority of accused persons in wildlife-related crimes.
- Found that forest department use threat of criminalisation for cooperation: The Forest Department was found to use the threat of criminalisation to force cooperation, apart from devising a system of using community members as informants and drawing on their loyalty by employing them on a daily wage basis.
- Cases filed not only for serious crimes: Cases that were filed under the WPA did not pertain solely to the comparatively serious offence of hunting; collecting wood, honey, and even mushrooms formed the bulk of prosecution in PAs.
- Cases files are still pending: Over 95% of the cases filed by the Forest Department are still pending.
- Most cases filed were for hunting were lesser protected animals: Hunting offences that were primarily filed against Schedule III and IV animals (wild boars) which have lesser protection than tigers and elephants formed over 17.47% of the animals ‘hunted’ between 2016-20. Among the animals hunted the highest, only one in top five belonged to Schedule I (peacock). Surprisingly, fish (only certain species relegated to Schedule I) formed over 8% of the cases filed. A whopping 133 cases pertaining to fishing (incorrectly classified as Schedule V species) were filed in the last decade in Madhya Pradesh.
- Making FRA subservient to the WPA: Forest rights, individual and collective, as part of the Forest Rights Act (FRA) were put in place to correct the injustice meted out by forest governance laws. These rights recognised forest-dependent livelihoods. But in inviolate PAs, making the FRA subservient to the WPA, thereby impeding its implementation.
What is forest rights Act, 2006?
- Recognizing rights of forest dwelling communities: The Forest Rights Act (FRA), 2006 recognizes the rights of the forest dwelling tribal communities and other traditional forest dwellers to forest resources, on which these communities were dependent for a variety of needs, including livelihood, habitation and other socio-cultural needs.
- Aim to balance rights and protect: It aimed to protect the marginalised socio-economic class of citizens and balance the right to environment with their right to life and livelihood.
- Individual rights: The Act encompasses Rights of Self-cultivation and Habitation which are usually regarded as Individual rights.
- Community forest rights: Community Rights as Grazing, Fishing and access to Water bodies in forests, Habitat Rights for PVTGs, Traditional Seasonal Resource access of Nomadic and Pastoral community, access to biodiversity, community right to intellectual property and traditional knowledge, recognition of traditional customary rights and right to protect, regenerate or conserve or manage any community forest resource for sustainable use.
Conclusion
- Criminal cases filed by the department are rarely compounded since they are meant to create a ‘deterrent effect’ by instilling fear in communities. Fear is a crucial way in which the department mediates governance in protected areas, and its officials are rarely checked for their power. Unchecked discretionary policing allowed by the WPA and other forest legislations have stunted the emancipatory potential of the FRA. Any further amendments must take stock of wrongful cases (as in the case of fishing) and resultant criminalization of rights and lives of forest dwelling communities.
Mains question
Q. Briefly explain the Wildlife (Protection) Amendment Bill, 2022. Illustrate with an example how criminal laws and wildlife conservation are working under the Wildlife Protection Act and Forest Rights Act.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Urban rural manufacturing shift, advantages and challenges
Context
- There is growing evidence to suggest that the most conspicuous trend in the manufacturing sector in India has been a shift of manufacturing activity and employment from bigger cities to smaller towns and rural areas. This ‘urban-rural manufacturing shift’ has often been interpreted as a mixed bag, as it has its share of advantages that could transform the rural economy, as well as a set of constraints, which could hamper higher growth.
Recent data by Annual Survey of Industries for 2019-20
- In terms of capital: The rural segment is a significant contributor to the manufacturing sector’s output. While 42% of factories are in rural areas, 62% of fixed capital is in the rural side.
- In terms of value addition: In terms of output and value addition, rural factories contributed to exactly half of the total sector.
- In terms of employment: In terms of employment, it accounted for 44%, but had only a 41% share in the total wages of the sector.
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- A report on manufacturing shift brought out by World Bank: The movement of manufacturing away from urban locations was brought out by the Work Bank in a report a decade ago, “Is India’s Manufacturing Sector Moving Away from Cities? Policy Research Working Paper, World Bank).
- Higher urban-rural cost caused this shift: This study investigated the urbanisation of the Indian manufacturing sector by “combining enterprise data from formal and informal sectors and found that manufacturing plants in the formal sector are moving away from urban areas and into rural locations, while the informal sector is moving from rural to urban locations”. Their results suggested that higher urban-rural cost ratios caused this shift.
- Steady investment in rural areas: This is the result of a steady stream of investments in rural locations over the last two decades.
- Input costs are relatively less in rural area: Rural areas have generally been more attractive to manufacturing firms because wages, property, and land costs are all lower than in most metropolitan areas.
- Factory floorspace supply constraints: When locations get more urbanised and congested, the greater these space constraints are.
- Increased capital intensity of production: The driving force behind such a shift is the continuing displacement of labour by machinery as a result of the continuous capital investments in new production technologies. In cities, factories just cannot be expanded as opposed to rural areas.
How this trend is a welcome sign?
- Fulfilling the need of balanced development: Given the size of the Indian economy and the need for balanced regional development, the dispersal of manufacturing activities is a welcome sign.
- Created an opportunity for small scale industries to survive after liberalization: In the aftermath of trade liberalisation, import competition intensified for many Indian manufacturers, forcing them to look for cheaper methods and locations of production. One way to cut costs was to move some operations from cities to smaller towns, where labour costs are cheaper.
- Source of livelihood diversification in rural area: The shift in manufacturing activities from urban to rural areas has helped maintain the importance of manufacturing as a source of livelihood diversification in rural India.
- Make up for loss of employment: This trend helped to make up for the loss of employment in some traditional rural industries. The growth of rural manufacturing, by generating new jobs, thus provides an economic base for the transition out of agriculture
What are the challenges ahead and a solution to it?
- While the input cost is less but the cost of capital is high, offsetting the benefits: Though firms reap the benefits of lower costs via lower rents, the cost of capital seems to be higher for firms operating on the rural side. This is evident from the shares in rent and interest paid. The rural segment accounted for only 35% of the total rent paid, while it had 60% of the total interest payments. The benefits reaped from one source seem to be offset by the increased costs on the other front.
- Skill shortages in rural area: There exists an issue of “skills shortage” in rural areas as manufacturing now needs higher skilled workers to compete in the highly technological global ‘new economy’. Manufacturers who need higher skilled labour find that rural areas cannot supply it in adequate quantities. Manufacturers who depend only on low-wage workers simply cannot sustain their competitive edge for longer periods as this cost advantage vanishes over time.
- Solution to this issue lies in skill development: This suggests the need for clear solutions to the problems of rural manufacturing and the most important is the provision of more education and skilling for rural workers. A more educated and skilled rural workforce will establish rural areas’ comparative advantage of low wages, higher reliability and productivity and hasten the process of the movement out of agriculture to higher-earning livelihoods
Conclusion
- Given the size of the Indian economy and the need for balanced regional development, the dispersal of manufacturing activities is a welcome sign. However, the compulsions of global competition often extend beyond the considerations of low-wage production and depend on the virtues of ‘conducive ecosystems’ for firms to grow.
Mains Question
Q. There is growing evidence to suggest that the trend in the manufacturing sector in India has been a shift of manufacturing activity and employment from bigger cities to smaller towns and rural areas. Discuss the reasons for this trend and note down the challenges ahead.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Recusal of Judges
Mains level: Read the attached story
A Supreme Court judge recused herself from hearing a writ petition filed by Bilkis Bano against the decision to prematurely release 11 men sentenced to life imprisonment for gang-raping her during the 2002 riots.
What is the Recusal of Judges?
- Recusal is the removal of oneself as a judge or policymaker in a particular matter, especially because of a conflict of interest.
- Recusal usually takes place when a judge has a conflict of interest or has a prior association with the parties in the case.
- For example, if the case pertains to a company in which the judge holds stakes, the apprehension would seem reasonable.
- Similarly, if the judge has, in the past, appeared for one of the parties involved in a case, the call for recusal may seem right.
- A recusal inevitably leads to delay. The case goes back to the Chief Justice, who has to constitute a fresh Bench.
Rules on Recusals
- There are no written rules on the recusal of judges from hearing cases listed before them in constitutional courts. It is left to the discretion of a judge.
- The reasons for recusal are not disclosed in an order of the court. Some judges orally convey to the lawyers involved in the case their reasons for recusal, many do not.
- Some explain the reasons in their order. The decision rests on the conscience of the judge.
- At times, parties involved raise apprehensions about a possible conflict of interest.
Issues with recusal
- Recusal is also regarded as the abdication of duty. Maintaining institutional civilities are distinct from the fiercely independent role of the judge as an adjudicator.
- In his separate opinion in the NJAC judgment in 2015, Justice Kurian Joseph highlighted the need for judges to give reasons for recusal as a measure to build transparency.
- It is the constitutional duty, as reflected in one’s oath, to be transparent and accountable, and hence, a judge is required to indicate reasons for his recusal from a particular case.
Back2Basics: Bilkis Bano Case
- Bilkis Bano is a gangrape survivor of the 2002 riots in Gujarat. Rioters brutally attacked Bilkis and her family, raped the women and killed many of them.
- Her case was taken up by the National Human Rights Commission (NHRC) and Supreme Court. Later, the Supreme Court transferred the investigation to the CBI and the case to Mumbai to facilitate a free and fair trial.
- Eleven men were convicted by the trial court and sentenced to life. The Bombay High Court confirmed their life terms in 2017.
- In 2019, the Supreme Court awarded compensation of Rs 50 lakh to Bilkis — the first such order in a case related to the 2002 riots.
- The convicts were later released after the state government’s remission to them for spending more than 15 years in jail.
Issues with this remission
- Causality of a heinous crime: The remission runs contrary to the spirit of contemporary thinking on treating crimes against women and children as so heinous that the perpetrators should not be considered for remission.
- Whimsy release: The CrPC does permit premature release in the form of remission or commutation in life sentences, but it should be based on a legal and constitutional scheme, and not on a ruler’s whimsy.
- Political considerations: It would be unjustified if given for political considerations merely because of elapse of the minimum number of years they have to serve.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: OIC
Mains level: Pakistani narrative for Kashmir
India strongly condemned the Organisation of Islamic Cooperation chief’s visit to Line of Control (LoC) from the Pakistani side.
What is OIC?
- The OIC — formerly Organisation of the Islamic Conference — is the world’s second-largest inter-governmental organization after the UN, with a membership of 57 states.
- The OIC’s stated objective is “to safeguard and protect the interests of the Muslim world in the spirit of promoting international peace and harmony among various people of the world”.
- OIC has reserved membership for Muslim-majority countries. Russia, Thailand, and a couple of other small countries have Observer status.
India and OIC
- At the 45th session of the Foreign Ministers’ Summit in 2018, Bangladesh suggested that India, where more than 10% of the world’s Muslims live, should be given Observer status.
- In 1969, India was dis-invited from the Conference of Islamic Countries in Rabat, Morocco at Pakistan’s behest.
- Then Agriculture Minister Fakhruddin Ali Ahmed was dis-invited upon arrival in Morocco after Pakistan President Yahya Khan lobbied against Indian participation.
Recent developments
- In 2019, India made its maiden appearance at the OIC Foreign Ministers’ meeting in Abu Dhabi, as a “guest of honor”.
- This first-time invitation was seen as a diplomatic victory for New Delhi, especially at a time of heightened tensions with Pakistan following the Pulwama attack.
- Pakistan had opposed the invitation to Swaraj and it boycotted the plenary after the UAE turned down its demand to rescind the invitation.
- Earlier this year, the ousted Pakistani PM called a OIC summit which ended up without any remarks.
What is the OIC’s stand on Kashmir?
- It has been generally supportive of Pakistan’s stand on Kashmir and has issued statements criticizing India.
- Last year, after India revoked Article 370 in Kashmir, Pakistan lobbied with the OIC for their condemnation of the move.
- To Pakistan’s surprise, Saudi Arabia and the UAE — both top leaders among the Muslim countries — issued nuanced statements, and were not as harshly critical of New Delhi as Islamabad had hoped.
- Since then, Islamabad has tried to rouse sentiments among the Islamic countries, but only a handful of them — Turkey and Malaysia — publicly criticized India.
How has India been responding?
- India has consistently underlined that J&K is an integral part of India and is a matter strictly internal to India.
- The strength with which India has made this assertion has varied slightly at times, but never the core message.
- It has maintained its “consistent and well known” stand that the OIC had no locus standi.
- India asserts that- OIC has become a “mouthpiece” of Pakistan and that the organisation has been taking “blatantly communal, partisan and factually incorrect approach to issues”.
OIC members and India
- Individually, India has good relations with almost all member nations. Ties with the UAE and Saudi Arabia, especially, have looked up significantly in recent years.
- The OIC includes two of India’s close neighbors, Bangladesh and Maldives.
- Indian diplomats say both countries privately admit they do not want to complicate their bilateral ties with India on Kashmir but play along with OIC.
Way ahead
- India now sees the duality of the OIC as untenable, since many of these countries have good bilateral ties and convey to India to ignore OIC statements.
- But these countries sign off on the joint statements which are largely drafted by Pakistan.
- India feels it important to challenge the double-speak since Pakistan’s campaign and currency on the Kashmir issue have hardly any takers in the international community.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Loan Write-Off
Mains level: NPAs
Banks have written off bad loans worth ₹10,09,511 crore during the last five financial years, finance minister informed the Parliament.
What is a loan write-off?
- Writing off a loan essentially means it will no longer be counted as an asset.
- By writing off loans, a bank can reduce the level of non-performing assets (NPAs) on its books.
- The bank moves the defaulted loan, or NPA, out of the assets side and reports the amount as a loss.
- An additional benefit is that the amount so written off reduces the bank’s tax liability.
- The loans written off by the banks are the depositors’ money.
Why do banks resort to write-offs?
- Recovery issues: The bank writes off a loan after the borrower has defaulted on the loan repayment and there is a very low chance of recovery. However, the chances of recovery from written-off loans are very low.
- Provisioning: After the write-off, banks are supposed to continue their efforts to recover the loan using various options. They have to make provisioning as well.
- Reduce tax liability: The tax liability will also come down as the written-off amount is reduced from the profit.
Who is at the forefront of write-offs?
- Public sector banks reported the lion’s share of write-offs at Rs 734,738 crore accounting for 72.78 per cent of the exercise.
- Among individual public sector banks, reduction in NPAs due to write-offs in the case of State Bank of India Rs 204,486 crore in the last five years.
- Among private banks, ICICI Bank’s reduction in NPAs due to write-offs was Rs 50,514 crore in the last five years.
- Axis Bank wrote off Rs 49,715 crore and HDFC Bank Rs 34,782 crore during the period, according to the RBI.
What about recovery of such loans?
- Since the loan account is not closed in write-off, the right to recovery of the amount is not waived by the lender or the bank.
- The bank or lender can try to recover the loan amount from the loan defaulter.
Back2Basics: Non-Performing Assets (NPAs)
- A NPA is a loan or advance for which the principal or interest payment remained overdue for a period of 90 days.
- Banks are required to classify NPAs further into Substandard, Doubtful and Loss assets.
- Substandard assets: Assets which has remained NPA for a period less than or equal to 12 months.
- Doubtful assets: An asset would be classified as doubtful if it has remained in the substandard category for a period of 12 months.
- Loss assets: As per RBI, “Loss asset is considered uncollectible and of such little value that its continuance as a bankable asset is not warranted, although there may be some salvage or recovery value.”
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Fusion Energy
Mains level: Clean energy developments
US announced a “major scientific breakthrough” in the decades-long quest to harness fusion, the energy that powers the sun and stars.
What is Fusion?
- Fusion works by pressing hydrogen atoms into each other with such force that they combine into helium, releasing enormous amounts of energy and heat.
- This process occurs in our Sun and other stars.
- Creating conditions for fusion on Earth involves generating and sustaining a plasma.
- Plasmas are gases that are so hot that electrons are freed from atomic nuclei.
How is it carried out?
- Three conditions must be fulfilled to achieve fusion in a laboratory:
- Very high temperature (on the order of 150,000,000° Celsius);
- Sufficient plasma particle density (to increase the likelihood that collisions do occur); and
- Sufficient confinement time (to hold the plasma, which has a propensity to expand, within a defined volume).
- At extreme temperatures, electrons are separated from nuclei and a gas becomes a plasma—often referred to as the fourth state of matter.
- Fusion plasmas provide the environment in which light elements can fuse and yield energy.
Fusion Energy
- The process releases energy because the total mass of the resulting single nucleus is less than the mass of the two original nuclei.
- The leftover mass becomes energy.
What did the US achieve?
- The US experiment uses a process called inertial confinement fusion.
- It involved bombarding a tiny pellet of hydrogen plasma with the world’s biggest laser.
Why is it perceived as energy of the future?
- Carbon free: Fusion Reactions could one day produce nearly limitless, carbon-free energy, displacing fossil fuels and other traditional energy sources.
- Efficient: Net energy gain has been an elusive goal because fusion happens at such high temperatures and pressures that it is incredibly difficult to control.
- Clean: Unlike other nuclear reactions, it doesn’t create radioactive waste.
Fusion still far from reality. Why?
- Significant though the achievement is, it does little to bring the goal of producing electricity from fusion reactions any closer to reality.
- By all estimates, use of the fusion process for generating electricity at a commercial scale is still two to three decades away.
- The technology used in the US experiment might take even longer to get deployed.
India’s progress: ITER project
- International Thermonuclear Experimental Reactor (ITER) is one of the most ambitious energy projects in the world today.
- The idea for an international joint experiment in fusion was first launched in 1985.
- In southern France, 35 nations* are collaborating to build the world’s largest tokamak, a magnetic fusion device that has been designed to prove the feasibility of fusion.
- ITER is funded and run by seven member parties: China, the European Union, India, Japan, Russia, South Korea and the United States.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Base Editing
Mains level: Not Much
A teenage cancer patient suffering from T-cell acute lymphoblastic leukaemia (T-ALL) has defeated her seemingly incurable cancer with the help of base editing technique.
Base Editing
- Bases are the language of life. The four types of base – adenine (A), cytosine (C), guanine (G) and thymine (T) – are the building blocks of our genetic code.
- Just as letters in the alphabet spell out words that carry meaning, the billions of bases in our DNA spell out the instruction manual for our body.
- Base editing allows scientists to zoom to a precise part of the genetic code and then alter the molecular structure of just one base, converting it into another and changing the genetic instructions.
- The large team of doctors and scientists used this tool to engineer a new type of T-cell that was capable of hunting down and killing cancerous T-cells.
What is T-Cell?
- T (thymus) cells are type of white blood cell.
- They are part of the immune system and develop from stem cells in the bone marrow.
- They help protect the body from infection and may help fight cancer.
- Also called T lymphocyte and thymocyte.
How base editing helped this teenage cancer patient?
- Doctors started with healthy T-cells that came from a donor and set about modifying them.
- The first base edit disabled the T-cells targeting mechanism so they would not assault patient’s body.
- The second removed a chemical marking, called CD7, which is on all T-cells.
- The third edit was an invisibility cloak that prevented the cells being killed by a chemotherapy drug.
- The final stage of genetic modification instructed the T-cells to go hunting for anything with the CD7 marking on it so that it would destroy every T-cell in patient’s body – including the cancerous ones.
- That’s why this marking has to be removed from the therapy – otherwise it would just destroy itself.
- If the therapy works, the patient’s immune system – including T-cells – will be rebuilt with the second bone-marrow transplant.
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