Note4Students
From UPSC perspective, the following things are important :
Prelims level: Menstruation
Mains level: Menstrual health and Hygiene, Importance, challenges and way ahead
Central Idea
- In a recent incident in Maharashtra, a man mistakenly perceived period stains on his sister’s clothes as a sign of a sexual relationship, highlighting the prevalence of misinformation about menstruation in urban India. Despite living in the public domain, girls and women face challenges related to periods due to shame, stigma, and discrimination.
What is Menstruation?
- Menstruation, or period, is normal vaginal bleeding that occurs as part of a woman’s monthly cycle.
- It is a normal process for girls and women who have reached puberty.
- Every month, girl or women’s body prepares for pregnancy.
- If no pregnancy occurs, body gets rid of the lining in the uterus.
- The menstrual blood is partly blood and partly tissue from inside the uterus.
- The length of a period can be different for each person, but usually lasts for 3-7 days.
Barriers to Menstrual Hygiene in Urban Areas
- Lack of Awareness: Low-income groups in urban areas have limited understanding of periods and menstrual health, leading to poor practices and hygiene management.
- Limited Access to Menstrual Products: While period products are more easily available in urban areas, they are often wrapped in paper or black plastic bags, contributing to the associated shame and stigma.
- Inadequate Toilet Facilities: Low-income slums, pavement dwellers, educational institutions, and workplaces lack easily accessible, safe, clean, and convenient toilet facilities.
- Poor Waste Management: Improper disposal of menstrual waste poses health risks to sanitation workers who are forced to sort through waste without proper protection, undermining their health and dignity.
Did you know?
- The menstrual cycle can be affected by external factors such as stress, changes in temperature and altitude, and even exposure to certain chemicals and toxins.
- This can cause changes in the length of the cycle, the intensity of bleeding, and the severity of symptoms.
- There is also a small percentage of women who experience menorrhagia, which is an excessive bleeding during menstruation. This can be caused by hormonal imbalances, fibroids, endometriosis, and other underlying medical conditions.
Actions for Improvement
- Awareness and Education: Continuous efforts should be made to raise awareness about periods, address harmful social norms, and challenge gender stereotypes related to menstruation.
- Availability of Menstrual Products: Reusable and disposable menstrual products should be made more accessible through retail outlets, government schemes, social enterprises, and NGOs, ensuring people have the freedom to choose the products they prefer.
- Female-Friendly Toilets: Initiatives such as ‘She Toilets’ and ‘Pink Toilets’ that provide safe, private, and clean facilities with essential amenities for managing periods should be expanded.
- Menstrual Waste Management: Innovative solutions like providing dustbins and incinerators in female toilets, along with waste segregation initiatives like the ‘Red Dot Campaign’ and ‘PadCare Labs,’ can contribute to proper waste management.
Way ahead: Addressing Remaining Gaps
- Reaching Marginalized Groups: Efforts should be made to reach people living in unregistered slums, pavements, refugee camps, and other vulnerable conditions in urban areas. Outreach programs, community engagement, and partnerships with local organizations can help provide access to accurate information, menstrual products, and improved facilities.
- Worksites Support: Both formal and informal worksites need to cater to the menstrual needs of women who work. This can include providing clean and private toilet facilities, ensuring access to menstrual products, and promoting supportive workplace policies that address menstrual health needs.
- Innovations in Menstrual Waste Management: Continued support for innovative solutions in menstrual waste management is essential. This includes safe and effective methods for disposal, such as incineration or environmentally friendly alternatives, as well as scalable approaches that can be adopted in different urban contexts.
- Engaging Men and Boys: Promoting gender equality and breaking menstrual taboos require engaging men and boys as allies and advocates. Educating them about menstrual health, addressing gender stereotypes, and fostering supportive attitudes can help create an environment of acceptance and inclusion.
- Research and Data Collection: Robust research and data collection on menstrual health in urban areas are crucial for evidence-based interventions and policy formulation. Collecting data on access to facilities, product usage, hygiene practices, and health outcomes can guide targeted efforts and measure progress.
- Strengthening Partnerships: Collaboration among government agencies, NGOs, private sector entities, and community-based organizations is vital for comprehensive and sustainable interventions.
- Education and Awareness: Continuously raising awareness about menstrual health is pivotal. This includes comprehensive menstrual health education in schools, community workshops, and media campaigns to dispel myths, challenge social norms, and promote positive attitudes towards menstruation.
- Policy Advocacy: Advocating for supportive policies at the local, regional, and national levels can help address systemic gaps. This involves advocating for menstrual health as a public health priority, ensuring budget allocations for menstrual health initiatives, and integrating menstrual health into broader policies related to health, education, sanitation, and gender equality.
Conclusion
- As the world observes Menstrual Hygiene Day (28 May), it is essential to recognize menstrual health as vital to personal health, public health, and human rights for all. Urban India must overcome taboos, improve awareness, enhance access to products and facilities, and promote proper waste management. By addressing these issues, we can empower girls and women to navigate public spaces with dignity and ensure their overall well-being.
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From UPSC perspective, the following things are important :
Prelims level: G-7 Hiroshima Summit
Mains level: G-7 Hiroshima Summit, Challenges, approach and way ahead
Central idea
- The G-7 Hiroshima Summit, hosted by Japan, marks a significant event as Japan takes the lead since the 2008 summit. For Japan, the imperative lay in navigating the complex geopolitical landscape of the Indo-Pacific, reinforcing partnerships, and addressing security risks in a region crucial for global fortunes.
G7 Summit Hiroshima
- The 49th annual G7 Summit took place in Hiroshima. Japan hosted the summit in its capacity as the President of the G7.
- Prime Minister Kishida’s commitment to nuclear disarmament and non-proliferation was evident through the choice of Hiroshima as the host city.
- Prime Minister Modi attended the summit at the invitation of the Japanese Prime Minister.
- The participating leaders issued a leaders’ communiqué on the second day of the summit. The communiqué will be adopted officially at the end of the summit on the 21st.
- Current Members: US, UK, Canada, France, Germany, Italy and Japan
Challenges Facing Japan
- Russia’s Aggression in Ukraine: Japan is deeply concerned about Russia’s ongoing aggression in Ukraine, which poses a threat to regional stability. The conflict, now more than a year old, shows little signs of abating, and Japan is actively monitoring the situation due to its potential impact on its national security strategy.
- China’s Assertive Behavior: Japan is closely watching China’s increasing assertiveness in the region, both militarily and geopolitically. China’s military modernization plans, territorial disputes in the East China Sea and South China Sea, and growing influence pose significant challenges for Japan’s security and regional stability.
- Military Pressures on Taiwan: Japan is alarmed by China’s growing military pressures on Taiwan, which has the potential to escalate tensions and trigger a regional conflict. Ensuring the peace and stability of Taiwan is vital for Japan’s national security interests, given its geographical proximity to the region.
- North Korea’s Nuclear Posturing: The volatile nuclear posturing and nuclear weapons program of North Korea are major concerns for Japan’s security. North Korea’s missile tests and threats of nuclear attacks not only pose a direct threat to Japan but also contribute to regional instability.
- Economic and Technological Resilience: Japan faces challenges in ensuring economic security, particularly in the face of global supply chain instability and the impact of sensitive technologies. Reviving and strengthening its chip industry and advancing collaborations in science and technology are crucial for Japan’s economic and technological resilience.
- Climate Change Impacts: As an island nation, it is particularly vulnerable to the consequences of climate change, such as coastal erosion, increased flooding, and threats to food security.
- Regulation of Sensitive Technologies: Japan faces the complex task of regulating sensitive technologies to ensure national security without stifling innovation and economic growth. Striking a balance between fostering technological advancements and safeguarding against potential risks and misuse is a challenge that Japan must navigate.
Significance of the India-Tokyo Partnership
- Strategic Cooperation: The partnership between New Delhi and Tokyo holds significant strategic importance. As two major democracies in the Indo-Pacific region, their collaboration helps in addressing shared challenges and advancing common interests.
- Bilateral Defense Ties: The defense cooperation between India and Japan has been growing steadily in recent years. Regular joint military exercises, information sharing, and defense technology collaboration strengthen their respective defense capabilities.
- Economic Collaboration: India and Japan have been actively engaged in economic cooperation. Their partnership encompasses various sectors such as infrastructure development, technology, trade, and investment. Joint projects in the Indo-Pacific region promote connectivity, economic growth, and sustainable development.
- Regional Connectivity: The collaboration between India and Japan plays a crucial role in enhancing regional connectivity. Initiatives like the Asia-Africa Growth Corridor (AAGC) and the Indo-Pacific Economic Corridor (IPEC) aim to create infrastructure linkages and promote trade and investment in the region.
- Shared Values and Interests: India and Japan share common values of democracy, rule of law, and respect for international norms. Their partnership is built on a foundation of shared interests, including a free and open Indo-Pacific, multilateralism, and a rules-based international order.
- Counterbalancing China’s Influence: The New Delhi-Tokyo partnership serves as a counterbalance to China’s growing influence in the Indo-Pacific. Both countries share concerns about China’s assertiveness and seek to uphold a rules-based order and promote a free and open Indo-Pacific.
- Middle Power Diplomacy: The partnership between India and Japan is an exemplar of middle power diplomacy. By joining forces, they can amplify their respective influence and promote stability and cooperation in the region. Their partnership serves as a model for other middle powers seeking to address global challenges collectively.
Way ahead: Advancing Shinzo Abe’s Legacy
- Strengthening Alliances and Partnerships: Like Shinzo Abe, current Japanese Prime Minister Fumio Kishida can continue to prioritize the strengthening of alliances and partnerships. This includes nurturing relationships with key allies such as the United States, Australia, and India, and expanding cooperation in various areas such as security, trade, and technology.
- Network Building and Diplomatic Partnerships: Prime Minister Kishida can follow Shinzo Abe’s footsteps by actively engaging in network building and developing diplomatic partnerships across the world. This includes reaching out to countries in the Indo-Pacific region and beyond to foster collaboration, enhance understanding, and create a network of like-minded nations.
- Regional Leadership in the Indo-Pacific: Japan has a crucial role to play in shaping the strategic contours of the Indo-Pacific region. Prime Minister Kishida can continue Shinzo Abe’s efforts in reinforcing Japan’s leadership position by actively engaging with regional forums and initiatives such as the Quad (Australia, India, Japan, and the U.S.), ASEAN, and the Indo-Pacific initiatives.
- Economic Engagement and Trade Initiatives: Shinzo Abe was instrumental in advancing Japan’s economic engagement with the world through initiatives like the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). Prime Minister Kishida can build upon this legacy by further promoting free trade, pursuing economic cooperation agreements, and supporting initiatives that foster economic growth and innovation.
- Active Engagement in Global Governance: Shinzo Abe played an active role in global governance by advocating for reform in international institutions and promoting Japan’s candidacy for key positions. Prime Minister Kishida can continue this legacy by actively engaging in global forums, working towards international reforms, and contributing to the development of global norms and rules.
Conclusion
- The G-7 Hiroshima Summit provided a platform for Japan to consolidate approaches in addressing pressing global challenges. Additionally, the deepening partnership between India and Japan contributes to middle-power diplomacy, upholding a rules-based order and countering unilateral attempts to alter regional dynamics. The summit reinforced Japan’s position as a crucial security actor and its willingness to actively engage in shaping the global order.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Live Streaming of Court
Central Idea
- The significance of live-streaming court proceedings as an extension of the ‘open justice’ and ‘open courts’ principle remains largely unrealized in India.
- Only nine out of the 25 High Courts in the country have implemented live streaming, while the Supreme Court restricts it to Constitutional cases.
What is live-streaming technology?
- At its core, streaming content is meant to help people attend events, expos, and experiences they cannot attend in person.
- Live streaming technology is how videos are streamed over the internet, live, in real-time, as they are being recorded.
- Live streaming technology is the internet’s response to live television broadcasts, with the most popular being news shows and sports.
Why discuss this?
- The Supreme Court emphasized the need for live streaming in district courts and High Courts as these are the courts where most citizens seek justice.
- Time and resource constraints, as well as the inability to travel long distances, limit public access to court hearings.
- Videoconferencing became essential since the COVID-19 pandemic, as physical hearings were not possible.
Early Adopters
- The Gujarat HC pioneered live streaming in October 2020, streaming proceedings on YouTube as an experiment.
- Other HCs, such as Karnataka and Meghalaya, followed with varying degrees of success.
- The Gujarat HC’s YouTube channel gained 1.24 lakh subscribers and 1.9 crore views.
Existing Restrictions
- Model Rules for Live Streaming and Recording of Court Proceedings: These exclude certain case categories from live streaming, including matrimonial matters, child adoption and custody, sexual offences, child sexual abuse, and juvenile cases.
- Broadcasting rights issue: The Delhi High Court notified rules for live streaming proceedings but imposed restrictions such as a ban on reproducing or transmitting audio-visual recordings.
Significance of live streaming
- Instilling Faith in the Judiciary: Allowing ordinary people to view the workings of the highest court without barriers builds faith in the judiciary.
- Empowering the Masses: Live streaming enables the legal system to empower the masses and develop an informed citizenry.
- Respect for Rule of Law: Understanding the importance of the rule of law and how the judiciary protects the rights of marginalized sections of society.
- Living up to Constitutional Expectations: Live streaming aligns with public interest and the preservation of constitutional Article 19 and 21.
- Increased Transparency: Encourages the principle of open court, reduces reliance on second-hand information, and allows the public’s right to know.
- Elevating Legal Standards: Lawyers become better prepared, refrain from irresponsible remarks, and take justice delivery more seriously.
- Level Playing Field: Provides equal opportunities for younger lawyers to showcase their skills and competence.
- Academic Advancement: Inspires law students and encourages legal research on the functioning of the judiciary and the legal profession.
- Easy Accessibility: Eliminates the need for physical presence, allowing litigants to access proceedings from anywhere.
Issues with such policy
- Contempt of Court: Existing video clips of court proceedings on social media platforms often lack context and sensationalize events, potentially undermining the dignity of the court.
- Disinformation and Sensationalism: There are concerns that misuse or selective use of live streaming content may contribute to the spread of disinformation among the public.
- Unnecessary Activism: Increased visibility through live streaming could lead to justices behaving like politicians, seeking individual exposure rather than focusing solely on justice.
Physical barriers for it
- Internet Connectivity: Issues related to internet connectivity may hinder seamless live streaming, requiring attention for reliable access to court proceedings.
- Adequate Infrastructure: Provision of well-equipped spaces where lawyers can effectively present their cases is crucial for a smooth transition to live-streamed proceedings.
- Awareness and Training: Judges, court staff, and lawyers may lack familiarity with digital technology and its benefits. Efforts should be made to raise awareness and provide comprehensive training to ensure their proficiency.
Global examples
- Several countries, including the United States, Brazil, the United Kingdom, Canada, and China, have implemented live streaming of court proceedings in various formats.
- Live streaming formats include audio recordings (US), video recordings streamed on television (Brazil), video streaming on court websites (UK, Canada), and live streaming from trial courts up to the supreme court (China).
Way Forward
To promote open justice and improve access to justice, the following steps are recommended:
- Implementation of live streaming in all courtrooms of the Supreme Court and across all High Courts and district courts.
- Ensuring adequate infrastructure for videoconferencing and live streaming beyond the pandemic.
- Reviewing and revising restrictions on live streaming to strike a balance between transparency and privacy concerns.
- Conducting awareness campaigns to educate the public about the availability and benefits of live-streamed court proceedings.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Overturning Circulation
Mains level: Not Much
Central Idea
- Recent research indicates that the Antarctic overturning circulation, a global network of ocean currents, is slowing down at a faster rate than previously predicted.
- The overturning circulation is crucial for redistributing heat, carbon, and nutrients, and maintaining Earth’s climate stability and deep-ocean oxygen levels.
What is Overturning Circulation?
- The overturning circulation (OC) refers to the large-scale circulation pattern in the global ocean, involving both surface and deep currents.
- It is a network of ocean currents that plays a crucial role in redistributing heat, carbon, and nutrients around the globe.
- It is driven by the sinking of dense, cold, oxygen-rich water from the ocean surface to the deep ocean and the rising of less dense water in different regions.
How does it work?
- It operates on a global scale and involves the sinking and rising of water masses driven by density differences.
- Cold, dense water sinks in certain regions, while warmer, less dense water rises in other areas, creating a continuous flow of water.
Key components and processes
- Antarctic Bottom Water: Cold, dense water forms near Antarctica and sinks to the ocean floor, spreading northward along the seafloor.
- North Atlantic Deep Water: Another dense water mass forms in the North Atlantic and sinks to great depths.
- Thermohaline Circulation: Temperature and salinity differences drive the sinking and rising of water masses, influencing the overturning circulation.
- Deep Ocean Currents: Once the dense water sinks, it flows along the deep ocean basins, connecting various regions of the world ocean.
Observing and studying the OC
- Monitoring the overturning circulation is challenging due to its vast scale and complex dynamics.
- Observations include ship-based measurements, moored instruments, floats, satellites, and numerical models.
- Scientists use a combination of measurements and simulations to understand the behavior and changes in the overturning circulation.
Importance of the Overturning Circulation
- Heat redistribution: The overturning circulation helps regulate Earth’s climate by transporting heat from the equator to the poles and vice versa.
- Assist carbon cycle: It plays a vital role in redistributing carbon dioxide and other greenhouse gases, impacting the global carbon cycle.
- Nutrient cycling: The circulation also facilitates the transport of nutrients, affecting marine ecosystems and productivity.
Consequences of a Slowing OC
- Climatic changes: A slowdown in the overturning circulation can have significant consequences for Earth’s climate and marine ecosystems.
- Nutrient disruption: It can disrupt the transport of heat, carbon, and nutrients, leading to changes in regional and global climate patterns.
- De-oxygenation: Reduced oxygen supply to the deep ocean can affect deep-sea marine life and potentially lead to shifts in species distribution.
Impact of Melting Antarctic Ice
- Melting Antarctic ice disrupts the formation of Antarctic bottom water, a key component of the overturning circulation.
- Freshening of surface waters due to melt-water makes them less dense and less likely to sink, slowing down the circulation.
Future Outlook
- Antarctica’s ice loss is expected to continue and accelerate with global warming.
- Anticipated freshening due to increased ice loss will prolong the slowdown and further decrease deep-ocean oxygen levels.
- The consequences of the slowdown extend beyond Antarctica, affecting the global ocean, climate change, and sea level rise.
- Urgent action to reduce greenhouse gas emissions is necessary to address these issues.
Way forward
- Intensify efforts to reduce greenhouse gas emissions.
- Implement measures to mitigate ice loss from Antarctica and address the freshening of surface waters.
- Promote scientific research and monitoring to understand and respond to the ongoing changes.
- Raise awareness about the importance of the overturning circulation and its impact on climate and marine ecosystems.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Iron fortification
Mains level: Read the attached story
Central Idea
- Iron is an essential mineral for bodily functions, but excessive intake can be harmful.
- Fortification of food with iron is a suggested method for treating iron deficiency anemia.
- Excess consumption of fortified foods or simultaneous consumption of multiple fortified foods can lead to excessive iron intake.
What is Iron Fortification?
- Iron fortification refers to the process of adding iron to food products to increase their iron content.
- It is done using various forms of iron, such as iron salts or iron powders, which are added to the food during processing.
- It is a public health strategy employed to address iron deficiency, particularly in populations where inadequate iron intake is prevalent.
- The goal is to provide a significant portion of the recommended daily iron intake through fortified foods, contributing to the prevention and treatment of iron deficiency anaemia.
Implications for Iron Overload
- Comorbidities: Iron overload conditions, such as thalassemia, hemochromatosis, and chronic liver disease, have impaired iron excretion mechanisms.
- Blooding events: Iron absorption is balanced by steady and minimal excretion, except during bleeding events.
- Menstrual bleeding: Women can excrete iron through menstrual bleeding, while men are less capable of iron excretion.
- Oxidative stress: Increased iron intake can lead to oxidative stress, cellular damage, and impaired mitochondrial function.
- Heart ailments: High serum ferritin levels (a marker of iron storage) are associated with an increased risk of chronic diseases such as high fasting serum glucose, high total cholesterol, high triglycerides, and hypertension.
- Liver damage: Very high amounts of iron can activate hepatic stellate cells and cause excessive deposition of extracellular matrix in the liver. Prolonged liver iron overload can lead to liver fibrosis and cirrhosis.
Challenges and consequences
- Minimal absorption: Only a small percentage of ingested iron from fortified foods is absorbed, with the rest passing through the intestine.
- Digestive issues: Unabsorbed iron can cause inflammation in the gastrointestinal lining and disrupt the colonic microbiota, leading to abdominal discomfort and gastrointestinal issues.
- Issues with nutrition absorption: Excessive iron in the gastrointestinal tract can impair the absorption of other essential minerals like zinc and copper and potentially result in other deficiencies.
Way Forward
- Implement individualized strategies for iron intake rather than mandatory fortification programs to avoid unsupervised high iron intake across diverse populations.
- Ensure thorough monitoring and detection of adverse events related to iron intake.
- Precision in public health approaches is necessary to prevent the risk of iron overload and potential long-term chronic illnesses associated with excess iron.
- Evaluate the specific dietary iron needs of different population segments to avoid unnecessary excess iron consumption.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Route of Development Project
Mains level: Not Much
Central Idea
- Iraq aims to establish itself as a regional transportation hub by enhancing its road and rail infrastructure.
- The ambitious project, known as the “Route of Development,” is estimated to cost $17 billion.
Route of Development Project
- Project Scope: The “Route of Development” will span 1,200 kilometers from the northern border with Turkey to the Gulf in the south.
- Economic Objectives: The project aims to promote a sustainable non-oil economy and strengthen regional connectivity.
- Port Capacity: The commercial port of Al-Faw will undergo expansion to handle cargo for the project.
- Train Stations: Around 15 train stations will be constructed along the route, including major cities like Basra, Baghdad, Mosul, and up to the Turkish border.
Challenges and Priorities
- Infrastructure Condition: Iraq’s infrastructure, including roads, requires reconstruction and maintenance due to the impacts of war, corruption, and sanctions.
- Focus on Electricity: Upgrading the failing electricity infrastructure is a priority for the government.
Geopolitical Position and Economic Benefits
- Strategic Geographical Location: Iraq aims to capitalize on its position by becoming a transportation hub for goods and people between the Gulf, Turkey, and Europe.
- Port Expansion: The commercial port of Al-Faw will serve as a gateway for cargo before transportation through the new road and rail links.
- Train Station Network: The construction of train stations in major cities along the route will facilitate efficient transportation.
- Trade Opportunities: The Gulf presents significant trade prospects, especially in the transport of hydrocarbons.
Challenges and Skepticism
- Viability Concerns: Some experts question the project’s feasibility, highlighting the need for “fluidity” in transportation routes and the preference for direct shipping without intermediate loading and unloading.
- Adaptation to Customer Preferences: Consideration should be given to evolving global transport dynamics and customer preferences.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: JME Report
Mains level: Malnutrition status in India
Central Idea
- According to the Joint Malnutrition Estimates (JME) by UNICEF, WHO, and the World Bank, India has shown a reduction in stunting among children under five.
Such reports (including NFHS) are credible sources of information to substantiate your answers in Mains answer writing ….
What is Stunting and Wasting?
| |
Stunting |
Wasting |
| Definition |
Impaired growth and development due to chronic malnutrition. |
Rapid weight loss and muscle wasting in a short period. |
| Measurement |
Height-for-age comparison against standardized growth reference. |
Weight-for-height comparison against standardized growth reference. |
| Causes |
Insufficient intake of essential nutrients, frequent infections, poor maternal health. |
Inadequate caloric intake, poor feeding practices, infectious diseases. |
| Effects |
Irreversible consequences, reduced cognitive development, increased disease vulnerability. |
Increased morbidity and mortality, severe malnutrition. |
| Time Frame |
Long-term condition |
Short-term condition |
| Overall Nutritional Status |
Reflects chronic malnutrition |
Represents acute malnutrition |
| Focus |
Impacts growth and development |
Impacts weight and muscle mass |
Decline in Child Stunting in India
- The prevalence of stunting in India dropped from 41.6% in 2012 to 31.7% in 2022, with 1.6 crore fewer stunted children recorded.
- India’s share of the global burden of stunting declined from 30% to 25% in the past decade.
Concerns over Wasting
- Wasting remains a concern in India, with an overall prevalence of 18.7% in 2022.
- India contributes 49% to the global burden of wasting, reflecting the severity of this malnutrition indicator.
- Two-thirds of wasting cases in India may be attributed to maternal malnutrition, leading to low birth weight for height.
Rise in Obesity
- The prevalence of obesity in India increased marginally from 2.2% in 2012 to 2.8% in 2022.
- India’s obesity classification remains low compared to the global prevalence of 5.6%.
- Obesity contributes to 8.8% of the global burden, with 31.8 lakh obese children in India.
Way Forward
- The JME report highlights the need for accelerated efforts to achieve global nutrition targets.
- India’s progress aligns with the National Family Health Survey (NFHS) data, indicating a reduction in stunting.
- More research is needed to understand the complexities of wasting, particularly its links to maternal malnutrition.
- Continued focus on addressing malnutrition, access to health services, and maternal nutrition is crucial for further improvement.
- Learning more about wasting and its determinants will be essential for tailored interventions in India and Asia.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Foucault Pendulum
Mains level: NA
Central Idea
- The Foucault pendulum is a device that proves the Earth’s rotation and has been installed in the new Parliament building in New Delhi.
- It was designed and installed by the National Council of Science Museums (NCSM), Kolkata.
Foucault Pendulum: A Unique Invention
- Historical Context: In 1851, the Foucault pendulum experiment conclusively demonstrated the Earth’s rotation, settling debates about the planet’s movement.
- Leon Foucault: The French scientist invented the Foucault pendulum and invited scientists and the public to witness the Earth’s rotation through the experiment.
- Working: The pendulum consists of a heavy iron ball suspended by a steel wire and swings in a plane, mimicking the Earth’s rotation on its axis.
- Exhibition at the Pantheon: The demonstration took place at the Pantheon in Paris, where the ball’s motion represented the Earth’s rotation.
Significance
- Earth’s Rotation as a Scientific Fact: The Foucault pendulum experiment solidified the understanding that the Earth rotates on its axis.
- Supporting Astronomical Studies: The knowledge of the Earth’s rotation is crucial for studying various astronomical phenomena, such as day and night cycles and seasonal changes.
- Continual Scientific Inquiry: The Foucault pendulum experiment encouraged further research into the Earth’s rotation and its implications for our understanding of the universe.
Modern Applications and Further Exploration
- Educational Installations: The inclusion of a Foucault pendulum in the new Parliament building in New Delhi provides an opportunity for public education and scientific engagement.
- Technological Advancements: Advances in technology, such as precision instruments and digital monitoring, can enhance the accuracy and impact of Foucault pendulum installations.
- Continued Research: Ongoing scientific studies and experiments can deepen our understanding of the Earth’s rotation and its relationship to other celestial bodies.
- Space Exploration: Exploring the Earth’s rotation from space can offer unique perspectives and insights into its dynamics.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: New Parliament House
Mains level: New Parliament Building, significance, vision and aspirations
Central Idea
- India is on the brink of a historic moment as it celebrates its 75th year of Independence with the inauguration of the new Parliament House on May 28. This remarkable event marks the transition from a century-old colonial-era building to a new structure that reflects India’s vision and aspirations in the post-independence era.
Challenges and Limitations of the Old Parliament House
- Space Limitations: As the demands of governance have grown and evolved, the available space has become insufficient to accommodate the increasing number of staff, offices, and facilities required to support the functioning of the legislature. This space constraint has led to multiple additions and retrofits, such as the Parliament Annexe and the Parliament Library, but they have not fully addressed the need for modern and adequate facilities.
- Infrastructure Constraints: The installation of additional wirings for computers, air conditioners, and security gadgets has cluttered the building and affected its aesthetic appeal. Safety concerns have necessitated measures like safety nettings in the Chambers and Central Hall to prevent the risk of falling tiles and plaster.
- Technological Obsolescence: With rapid technological advancements, the old Parliament House struggles to meet the technological needs of the modern era. The building lacks state-of-the-art facilities for audio-visual communication, simultaneous interpretations in multiple languages, and efficient information management systems limiting the ability to leverage modern tools for improved legislative output.
- Functional Limitations: The cramped working spaces, lack of dedicated facilities for MPs, and inadequate access to necessary resources and reports hinder the ability of legislators to perform their duties effectively. These functional constraints can hamper productivity and limit the quality of discussions and debates within the legislative body.
- Historical Significance: While the old Parliament House holds historical significance and represents the journey of independent India, it also reflects a bygone era. The old building’s colonial-era architecture may not be best suited to symbolize India’s present and future ambitions.
How the New House is Equipped for the Future?
- Spacious and Accessible: The new building offers increased space compared to the old Parliament House, allowing for better movement and functionality. It is designed to accommodate the growing number of MPs and staff, ensuring a more comfortable and accessible environment for all.
- State-of-the-Art Technology: The new Parliament House is equipped with the most updated technology, enabling seamless communication and information sharing among lawmakers. It provides advanced audio-visual communication features, ensuring effective interaction and collaboration during debates and discussions.
- Simultaneous Interpretation: The new building is equipped with state-of-the-art facilities for simultaneous interpretation. This enables MPs to communicate and understand proceedings in their preferred languages, promoting inclusivity and facilitating effective participation from diverse linguistic backgrounds.
- E-Library and Digital Resources: The new Parliament House offers access to an e-library and digital resources, providing lawmakers with easy and instant access to important reports, documents, and research materials. This promotes informed decision-making and enhances the capacity of legislators.
- Energy Efficiency: The new building prioritizes energy efficiency through the use of sustainable design elements and eco-friendly systems. It incorporates renewable energy sources, efficient lighting, and climate control systems, reducing energy consumption and minimizing the ecological footprint.
- Visitor Facilities: The new Parliament House includes publicly accessible museum-grade galleries and a Constitution Hall that showcase India’s democratic history. These spaces serve as educational resources for visitors, offering a deeper understanding of the country’s democratic values and principles.
- Future Expansion: The new Parliament House is designed to accommodate future expansions and requirements. As the complex grows and evolves, provisions have been made to ensure that each member will have dedicated spaces for interacting with constituents, fostering closer engagement and representation.
New Parliament Building: An Opportunity for Efficiency
- Responsible Parliamentary Conduct: Members of Parliament should prioritize constructive and meaningful debates, fostering a culture of respect, collaboration, and consensus-building. It is essential to move away from disruptive tactics and focus on substantive discussions that address the complex governance challenges of our time.
- Reducing Disruptions: Long periods of deadlock and disruptions hinder the smooth functioning of Parliament. Efforts should be made to minimize disruptions and ensure that discussions remain focused on key issues. Rules and procedures can be reviewed to encourage more disciplined and productive parliamentary conduct.
- Enhancing Communication and Participation: The new Parliament building, equipped with modern facilities, offers opportunities for better communication and engagement. Members should utilize these resources effectively to engage with constituents, share information, and seek feedback, fostering a more inclusive and participatory democracy.
Way forward: Preparing for New Challenges
- Embracing Technological Advancements: The world is rapidly evolving, driven by advancements in technology. The Parliament should adapt to these changes by harnessing digital tools, promoting e-governance initiatives, and leveraging innovations like machine learning and artificial intelligence.
- Legislative Reforms: Regular review and reform of existing laws and procedures are crucial to ensure their relevance and effectiveness in a dynamic environment. Parliamentarians should actively engage in legislative reforms, focusing on updating outdated laws, streamlining processes, and addressing emerging issues.
- Capacity Building: Members of Parliament should be equipped with the necessary skills and knowledge to tackle complex policy challenges. Training programs, workshops, and knowledge-sharing platforms can help enhance their understanding of diverse subjects, enabling them to make informed decisions and contribute effectively to lawmaking.
- Embracing Innovation and Research: Encouraging research and evidence-based policymaking can lead to more informed and effective legislative outcomes. Parliament should foster collaborations with research institutions, think tanks, and experts to access reliable data, analysis, and innovative solutions to address emerging challenges.
Facts for prelims
Important facts about Sengol?
- Sengol is a historical sceptre that holds significant cultural and historical value in Tamil Nadu.
- Derived from the Tamil word Semmai, meaning Righteousness, Sengol represents a symbol of justice and good governance and holds cultural significance as recorded in ancient Tamil texts like Silapathikaram and Manimekalai.
- The presentation of the Sengol aligns with a traditional Chola practice where Samayacharyas (spiritual leaders) led the coronation of kings, sanctifying the transfer of power and symbolically recognizing the ruler.
- It gained prominence during the transfer of power from the British to the Indian people at the time of India’s independence
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Conclusion
- The new parliament building symbolizes the journey of our Parliament from its past to the future, shaping the concept of Aatmanirbhar Bharat. As the fountainhead of people’s hopes and aspirations, particularly the younger generations, the new Parliament House will serve as a lighthouse guiding us towards the ambitious journey of building Ek Bharat, Shrestha Bharat. It is an opportunity for serious introspection, aiming to make our parliamentary conduct more efficient and productive.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Central Electricity Authority (CEA)
Mains level: Government's pragmatic approach on new coal-based power stations and way ahead
Central Idea
- The government’s contemplation of a ban on new coal-based power stations, while allowing those under construction to continue, has generated surprise and curiosity. The government’s acknowledgement of the need for an additional 16,000 MW of coal-based capacity to meet the power demand in 2029-30, alongside the existing 27,000 MW under construction, seems contradictory.
Central Electricity Authority (CEA) report
- The Central Electricity Authority (CEA) report is a comprehensive document prepared by the Central Electricity Authority of India.
- The CEA is a statutory organization responsible for overseeing and coordinating the development of the electricity sector in the country.
- The CEA’s report, titled Optimal Generation Capacity Mix, presents two versions released in January 2020 and April 2023, respectively.
- The second report, based on the 20th Electric Power Survey (EPS), adopts a more conservative approach to demand projections for 2029-30 compared to the first report.
Pattern of electricity demand In India
- Diurnal Variation: The demand for electricity in India typically exhibits a diurnal pattern, with peaks and troughs occurring throughout the day. The morning peak is generally observed during the early hours of the day when residential and commercial activities commence. The evening peak, traditionally occurring around 7 pm, is typically higher due to increased industrial demand and domestic energy usage.
- Seasonal Variation: During the summer months, particularly in regions with high temperatures, the demand for electricity tends to increase significantly due to the widespread use of air conditioning and cooling systems. This spike in demand places additional stress on the power grid and necessitates the availability of sufficient generation capacity to meet the heightened energy requirements.
- Day of the Week Variation: Weekdays generally witness higher electricity demand compared to weekends. This difference can be attributed to increased industrial and commercial activities on weekdays, while weekends often involve reduced energy consumption in non-essential sectors.
- Industrial and Commercial Demand: As economic activities and manufacturing processes ramp up during working hours, these sectors contribute significantly to the overall demand for electricity. Demand patterns in these sectors are influenced by factors such as production schedules, working shifts, and operational requirements.
- Rural vs. Urban Demand: Urban centers, with higher population densities and greater industrial and commercial activities, tend to exhibit higher electricity demand compared to rural areas. However, rural electrification efforts and the increasing penetration of electricity in rural regions have led to a rise in demand from these areas as well.
Factors attributed to the decrease in the required capacity for coal-based stations
- Conservative Demand Projections: The second version of the CEA report projections indicate a slightly lower peak demand and energy demand for 2029-30 compared to the earlier estimates. The government may consider these more realistic projections and adjust the required capacity accordingly.
- Historical Overestimation: The CEA’s power demand projections have been known to be somewhat exaggerated in the past. This overestimation has led to higher capacity requirements being initially projected.
- Changing Load Curve Dynamics: The load curve, representing the pattern of electricity demand throughout the day, has been evolving in India. Recent trends indicate a shift in the evening peak to around 4 pm. This shift aligns well with the availability of solar power during daylight hours, reducing the need for coal-based capacity.
- Retirement of Older Units: A significant change in policy relating to the retirement of coal-based units after 25 years of operation has been considered. The revised CEA report mentions that a lower capacity of coal-based stations would be retired by 2030 compared to the earlier estimate.
- Well-Maintained Old Plants: The government may view the continuation of well-maintained coal-based plants beyond the 25-year mark as a viable option. If generating units are properly maintained, the station heat rate remains unaffected by age. Continuing operations of such plants offers advantages such as pre-existing transmission links and maintained coal linkages, which can contribute to a more efficient use of resources.
Way ahead: Balancing Energy Sources
- Promoting Renewable Energy: A significant focus should be placed on accelerating the development and deployment of renewable energy sources such as solar, wind, hydro, and biomass. This entails setting ambitious targets for renewable energy capacity addition and providing supportive policies and incentives to attract investments in these sectors.
- Enhancing Grid Integration: Robust grid integration infrastructure is essential for effectively integrating and managing the variability of renewable energy sources. Developing smart grids, advanced energy storage systems, and grid flexibility mechanisms can facilitate the integration of renewable energy into the grid, ensuring smooth and stable power supply.
- Energy Storage Technologies: Expanding the use of energy storage technologies, such as advanced batteries, pumped hydro storage, and emerging technologies like hydrogen storage, can help address the intermittent nature of renewable energy sources.
- Demand-Side Management: Promoting energy-efficient appliances, implementing time-of-use pricing, and raising awareness about energy conservation can incentivize consumers to shift their electricity usage to non-peak hours, thus reducing the strain on the grid.
- Distributed Generation: Encouraging distributed generation through rooftop solar panels, community-based renewable energy projects, and microgrids can help diversify the energy mix and reduce transmission losses. Distributed generation enables localized generation and consumption, enhancing grid resilience and reducing dependence on centralized power plants.
- Flexible Power Purchase Agreements (PPAs): Implementing flexible power purchase agreements that allow for the integration of variable renewable energy sources can attract investments in clean energy projects. These agreements should provide a fair and stable pricing mechanism for renewable energy developers, ensuring long-term viability and encouraging their participation in the energy transition.
Conclusion
- The government’s contemplation of a ban on new coal-based power stations, while allowing ongoing construction projects, reflects a pragmatic approach to energy planning. By reassessing the need for additional coal-based capacity, the government demonstrates a commitment to optimizing energy resources. However, it is essential to strike a balance and prioritize investments in solar and wind power to achieve a sustainable and reliable energy future for India.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Section 124A IPC, Freedom of Speech
Mains level: Evolving nature of sedition and concerns
Central Idea
- In a recent development, the Lahore High Court in Pakistan annulled the offence of sedition in their penal code, raising questions about India’s similar provision under Section 124A. While a challenge to this law is pending before the Indian Supreme Court, the underlying logic of sedition persists and has found its way into various provisions that criminalize speech.
What is Sedition?
- The Section 124A defines sedition as, an offence committed when any person by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the government established by law in India.
- Disaffection includes disloyalty and all feelings of enmity. However, comments without exciting or attempting to excite hatred, contempt or disaffection, will not constitute an offense.
- Sedition is a non-bailable offense. Punishment under Section 124A ranges from imprisonment up to three years to a life term with/without a fine.
- Sedition was made a cognizable offense for the first time in history in India during the tenure of Prime Minister Indira Gandhi in 1973, that is, arrest without a warrant was now permissible.
How the offensive speech reinforces existing social hierarchies and inequality?
- Reinforcing Dominant Narratives: Offensive speech often aligns with the dominant narratives propagated by those in power. It reinforces and upholds the existing social order by validating and amplifying the perspectives and ideologies of the privileged groups.
- Perpetuating Stereotypes and Prejudices: Offensive speech often relies on stereotypes and prejudices that are deeply rooted in social hierarchies. By perpetuating these stereotypes, offensive speech reinforces the existing inequalities and discriminates against individuals based on their identities, such as caste, race, gender, religion, or socioeconomic status.
- Suppressing Dissent and Alternative Voices: Offensive speech can be used as a tool to suppress dissent and alternative viewpoints. It creates an environment of fear and intimidation, discouraging individuals from challenging the status quo or speaking out against injustice.
- Creating Emotional and Psychological Harm: Offensive speech reinforces negative self-perceptions, perpetuates feelings of inferiority, and reinforces internalized oppression. This can lead to a lack of confidence, self-censorship, and a reluctance to participate in public discourse, further perpetuating existing social hierarchies.
- Unequal Consequences and Legal Frameworks: Offensive speech often faces unequal consequences based on the social position of the speaker and the target. Marginalized individuals are more likely to face severe repercussions for their speech, while privileged individuals often enjoy greater impunity.
How entrenched Hierarchies manifest in the law in India?
- Caste-Based Discrimination: The deeply rooted caste system in India influences the legal framework. Despite constitutional safeguards and affirmative action policies, lower-caste individuals continue to face discrimination and marginalization.
- Unequal Access to Justice: Marginalized communities, including lower castes, tribal communities, and economically disadvantaged groups, often encounter barriers in accessing justice. Limited legal awareness, inadequate legal aid services, and bias within the judiciary can result in unequal access to justice.
- Discriminatory Laws and Practices: Personal laws based on religious or customary practices can reinforce gender inequality and restrict the rights of women. Similarly, laws related to land ownership, inheritance, and labor rights may disproportionately affect marginalized communities, reinforcing existing social disparities.
- Limited Representation and Diversity: The underrepresentation of individuals from lower castes, tribal backgrounds, and other marginalized groups in positions of power within the legal system can lead to biases and insensitivity towards their concerns and needs. This lack of diversity can perpetuate hierarchical power structures and hinder efforts to address social inequalities.
- Selective Enforcement and Impunity: The enforcement of laws in India can be selective, leading to unequal treatment based on social, economic, or political factors. Marginalized communities may experience higher rates of arrests, police brutality, and arbitrary detention. Meanwhile, individuals with social and economic power may enjoy impunity for their actions, perpetuating social hierarchies within the legal system.
Facts for prelims
| Case |
Key Points |
| Kedar Nath Singh v. State of Bihar, 1962 |
– Upheld the constitutionality of Section 124A (sedition) of the IPC. – Clarified that criticism of the government without incitement to violence is not sedition. |
| Balwant Singh v. State of Punjab, 1995 |
– Stated that sedition requires a clear intention to incite violence or public disorder. – Holding opinions or raising slogans against the government without violent intent is not sedition. |
| Shreya Singhal v. Union of India, 2015 |
– Struck down Section 66A of the IT Act, which criminalized offensive online speech. – Emphasized the importance of protecting freedom of speech in the digital age. |
| Common Cause v. Union of India, 2016 |
– Expressed concerns about the misuse of sedition laws. – Called for a narrow and precise interpretation of the offense. |
| Maneka Gandhi case, 1978 |
– Expanded the interpretation of the right to personal liberty and due process under Article 21 of the Constitution. – Emphasized that laws must be reasonable, fair, and just. |
| Vinit Kumar v. CBI, 2019 |
– Reiterated that criticism of the government, unless inciting violence, does not amount to sedition. – Emphasized the need to prevent the misuse of sedition laws. |
Evolving nature of the interpretation and application of sedition laws
- Striking Down Sedition Laws: In recent years, there have been calls to strike down or reform sedition laws, questioning their compatibility with democratic principles and the right to free expression. The Lahore High Court’s decision to annul the offence of sedition in Pakistan’s penal code exemplifies this growing debate.
- Constitutional Challenges: The Supreme Court of India has examined the validity and scope of Section 124A in several cases. While the law may remain in abeyance without being formally struck down, these constitutional challenges create an opportunity to redefine the boundaries of sedition and ensure its alignment with constitutional principles.
- Expansion of Speech Offenses: The logic of sedition has extended beyond the specific offense itself and transplanted into other provisions of law that criminalize speech. In the Indian context, laws that criminalize hurting religious sentiments or sentiments of particular communities share similarities with sedition.
- Chilling Effect on Freedom of Speech: The fear of prosecution and the potential consequences, such as arrests, imprisonment, or social repercussions, may lead individuals to self-censor or refrain from expressing dissenting opinions.
- Judicial Pronouncements: Judicial pronouncements play a crucial role in shaping the mutating logic of sedition. Courts have an opportunity to interpret and apply sedition laws in a manner that upholds freedom of speech, safeguards democratic values, and ensures a reasonable balance between the state’s legitimate interests and citizens fundamental rights.
- For example: Recent judgment such as the Media One case have emphasized the importance of protecting freedom of speech, criticizing the misuse of sedition for curbing dissent and censoring speech.
Way forward
- Narrowing the Definition of Sedition: Refining and narrowing the definition of sedition can help prevent its misuse. The focus should be on acts or speech that directly incite violence or pose a genuine threat to the territorial integrity or sovereignty of the country. This would help avoid undue restrictions on dissent and criticism of the government.
- Safeguarding Freedom of Speech: It is crucial to ensure that the sedition law is not misused as a tool to suppress legitimate criticism, dissent, or peaceful protests. Safeguards should be put in place to protect individuals’ right to free speech and expression, while allowing for robust public debate and the peaceful expression of dissenting opinions.
- Transparency and Accountability: Establish mechanisms to promote transparency and accountability in the application of sedition laws. This includes clear guidelines for law enforcement agencies, regular review of cases, and strict consequences for misuse of the law. Proper oversight and monitoring can help prevent arbitrary arrests and protect individuals from wrongful prosecution.
- Public Awareness and Legal Education: Promote public awareness and legal education about the scope and limitations of the sedition law. This can help individuals understand their rights and responsibilities, empowering them to exercise their freedom of speech responsibly while avoiding unlawful acts.
- Focus on Alternative Measures: Emphasize the use of alternative legal measures, such as laws related to defamation, incitement to violence, or hate speech, to address genuine threats to public order or national security. These laws should be effectively enforced to protect individuals without infringing upon their fundamental rights.
Conclusion
- Beyond the formal striking down of Section 124A, it is essential to address the underlying logic of sedition and its influence on various provisions that curtail freedom of speech. Recognizing the entangled relationship between law and society, and the hierarchical power dynamics that shape the prosecution of speech offenses, is paramount in safeguarding democratic values and upholding freedom of expression.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Model Prisons Act
Mains level: Prison reforms in India
Central Idea: The Ministry of Home Affairs (MHA) has prepared the ‘Model Prisons Act 2023’ to replace the outdated Prisons Act of 1894.
Model Prisons Act, 2023
- The focus of the new act is to reform and rehabilitate inmates and overhaul prison administration.
- The Bureau of Police Research and Development (BPR&D), a think tank on policing subjects, was tasked with reviewing the laws and preparing a new draft.
Salient Features of the Act
- The model act includes provisions for the punishment of prisoners and jail staff for using prohibited items such as mobile phones in jails.
- It establishes and manages high-security jails, open jails (open and semi-open), and provisions for protecting society from hardened criminals and habitual offenders.
- The act provides legal aid to prisoners and includes provisions for parole, furlough, and premature release as incentives for good conduct.
Need for a New Prisons Act
- Outdated laws: The existing laws, including the Prisons Act of 1894, the Prisoners Act of 1900, and the Transfer of Prisoners Act of 1950, are outdated and need to be updated.
- Better prison administration: The MHA found several gaps in the existing act and emphasized the need for a correctional focus in prison administration.
- Prisoners’ rehab: The existing Prisons Act of 1894 lacks a focus on reform and rehabilitation of prisoners.
- Use of technology: The act also incorporates the use of technology in prison management and emphasizes the physical and mental well-being of prisoners.
Review and Integration of Existing Laws
- Along with the Prisons Act of 1894, the Prisoners Act of 1900 and the Transfer of Prisoners Act of 1950 have also been reviewed by the MHA.
- Relevant provisions from these acts have been assimilated into the Model Prisons Act 2023.
- State governments and union territory administrations are encouraged to adopt the model act in their jurisdictions, with necessary modifications and the repeal of the existing three acts.
Focus Areas of the Model Act
- Segregation of prisoners: The act emphasizes security assessment and segregation of prisoners, individual sentence planning, and grievance redressal.
- Prison development board: It proposes the establishment of a prison development board and aims to promote an attitudinal change towards prisoners.
- Gendered division: The act provides for separate accommodation for women prisoners, transgender individuals, and other specific groups.
- Technological push: It highlights the use of technology in prison administration, such as video-conferencing with courts and scientific and technological interventions.
Key Lessons
- Changing Perspective on Prisons: The statement acknowledges that globally, prisons are now seen as reformative and correctional institutions.
- Retributive deterrence: Prisons are no longer considered solely as places of retributive deterrence but as institutions where prisoners can be transformed and rehabilitated as law-abiding citizens.
Considerations for prison reforms in India
- Overcrowding and Understaffing: Addressing the issue of prison overcrowding by exploring alternatives to incarceration for non-violent offenders, such as diversion programs and community-based sentencing.
- Legal Aid and Access to Justice: Ensuring that prisoners have access to legal aid and representation to protect their rights and facilitate fair trials. Promoting awareness among inmates about their legal rights and avenues for seeking redress.
- Prison Healthcare: Enhancing healthcare services within prisons, including mental health support and substance abuse treatment programs.
- Women and Children in Prisons: Creating gender-responsive policies and separate accommodations for women prisoners, ensuring their safety, privacy, and access to reproductive health services.
- Community Reintegration: Collaborating with community-based organizations, NGOs, and vocational training institutes to support the reintegration of released prisoners into society.
- Technology and Digital Solutions: Leveraging technology to improve prison management, record-keeping, and communication systems.
Conclusion
- The Model Prisons Act, 2023 emphasizes rehabilitation and recognizes the potential of prisoners to become law-abiding citizens.
- The act provides a framework for creating a more just and rehabilitative criminal justice system.
- It focuses on the well-being of inmates and aims to ensure their successful reintegration into society.
Also read:
PM calls for Prison Reforms and Repeal of Obsolete Laws
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Fortified Rice
Mains level: Food fortification and related concerns
Central Idea
- The Union Food Ministry refuted the allegations made by the Opposition regarding the distribution of Fortified Rice through fair price shops.
What is Fortified Rice?
- Fortified rice refers to the process of enhancing regular rice with essential nutrients to address nutritional deficiencies in populations that heavily rely on rice as a staple food.
- These added nutrients aim to improve the nutritional value of rice and combat specific deficiencies prevalent in certain regions or population groups.
- The fortification process involves coating the rice grains with a nutrient-rich powder or premix.
- The specific nutrients added to fortified rice can vary, but commonly include:
- Iron: Iron is often added to fortified rice to address iron deficiency anaemia, a widespread nutritional problem globally.
- Vitamins: Essential vitamins such as vitamin A, vitamin B-complex (including thiamine, riboflavin, niacin, and folic acid), and vitamin D may be included in fortified rice to address specific vitamin deficiencies prevalent in target populations.
- Minerals: Other minerals like zinc, calcium, and iodine may be incorporated into fortified rice, depending on the specific nutritional needs and deficiencies of the target population.
Need for fortification
- Data from the National Family Health Survey 2019-21 shows that 57 per cent of women in the reproductive age group (15-49) are deficient in iron.
- Moreover, studies have shown that about a fifth of the children (0-5 years) who do not have access to a nutritious and diversified diet suffer from vitamin-A deficiency.
- Vitamin D deficiency has been termed a silent epidemic.
Advantages offered
- Health: Fortified staple foods will contain natural or near-natural levels of micro-nutrients, which may not necessarily be the case with supplements.
- Taste: It provides nutrition without any change in the characteristics of food or the course of our meals.
- Nutrition: If consumed on a regular and frequent basis, fortified foods will maintain body stores of nutrients more efficiently and more effectively than will intermittently supplement.
- Economy: The overall costs of fortification are extremely low; the price increase is approximately 1 to 2 percent of the total food value.
- Society: It upholds everyone’s right to have access to safe and nutritious food, consistent with the right to adequate food and the fundamental right of everyone to be free from hunger.
Issues with fortified food
- Against nature: Fortification and enrichment upset nature’s packaging. Our body does not absorb individual nutrients added to processed foods as efficiently compared to nutrients naturally occurring.
- Bioavailability: Supplements added to foods are less bioavailable. Bioavailability refers to the proportion of a nutrient your body is able to absorb and use.
- Immunity issues: They lack immune-boosting substances.
- Over-nutrition: Fortified foods and supplements can pose specific risks for people who are taking prescription medications, including decreased absorption of other micro-nutrients, treatment failure, and increased mortality risk.
Possible health hazard
- Thalassemia, sickle cell anaemia and malaria are conditions where there is already excess iron in the body, whereas TB patients are unable to absorb iron.
- Consumption of iron-fortified foods among patients of these diseases can reduce immunity and functionality of organs.
Ministry’s justification of Fortified Rice
- The Ministry cited various studies to support the assertion that consumption of fortified rice leads to a significant improvement in haemoglobin levels and a reduction in the prevalence of anaemia.
- Rice fortification has been adopted by seven countries, including the U.S., since 1958, highlighting its effectiveness as a public health intervention.
- Ongoing evaluation, conducted by NITI Aayog in collaboration with the Indian Council of Medical Research, is being carried out to assess the impact and effectiveness of fortified rice.
- Evaluation studies focusing on pilot districts are currently underway to gather comprehensive data and insights.
Way Forward
- Collaborative efforts between the Ministry, NITI Aayog, and other relevant institutions should be prioritized to conduct a thorough and independent evaluation of the fortified rice program.
- Transparent communication of evaluation results and findings is crucial to foster trust and address any potential shortcomings or areas of improvement.
- Incorporating feedback and recommendations from stakeholders will be valuable in enhancing the implementation and impact of the fortified rice distribution program.
- Continuous monitoring and assessment of the program’s effectiveness should be a priority, enabling necessary adjustments and improvements to be made in a timely manner.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NARCO test
Mains level: Not Much
Central Idea
- Wrestlers at Jantar Mantar expressed their willingness to undergo narco analysis test.
- One of them emphasized that the test should be monitored by the Supreme Court.
What is a Narco Test?
- In a ‘narco’ or narcoanalysis test, a drug called sodium pentothal is injected into the body of the accused.
- This transports the accused to a hypnotic or sedated state, in which their imagination is neutralised.
- In this hypnotic state, the accused is understood as being incapable of lying, and is expected to divulge information that is true.
- Sodium pentothal or sodium thiopental is a fast-acting, short duration anaesthetic, which is used in larger doses to sedate patients during surgery.
- It belongs to the barbiturate class of drugs that act on the central nervous system as depressants.
Difference from Polygraph Tests
- It is important to differentiate narco-analysis tests from polygraph tests, as they serve different purposes.
- Polygraph tests rely on physiological responses to detect lies, measuring variables such as blood pressure, pulse rate, respiration, and sweat gland activity while the suspect is being questioned.
- In contrast, narco-analysis tests induce a hypnotic state through the administration of drugs, aiming to weaken the subject’s resolve to lie.
Reasons to use such tests
- In recent decades, investigating agencies have sought to employ these tests in investigation, which are sometimes seen as being a “softer alternative” to torture or “third degree” to extract the truth from suspects.
- However, neither method has been proven scientifically to have a 100% success rate, and remain contentious in the medical field as well.
Restrictions on these tests
- No self-incrimination: The Bench took into consideration international norms on human rights, the right to a fair trial, and the right against self-incrimination under Article 20(3) of the Constitution.
- Consent of the accused: In ‘Selvi & Ors vs. State of Karnataka & Anr’ (2010), a Supreme Court Bench comprising then CJI ruled that no lie detector tests should be administered “except on the basis of consent of the accused”. The subject’s consent should be recorded before a judicial magistrate, the court said.
- Legal assistance to such convicts: Those who volunteer must have access to a lawyer, and have the physical, emotional, and legal implications of the test explained to them by police and the lawyer.
- Guidelines at place: It said that the ‘Guidelines for the Administration of Polygraph Test on an Accused’ published by the National Human Rights Commission in 2000, must be strictly followed.
Previous Cases and Supreme Court Ruling
- Narco analysis tests have been employed in significant cases like the 2002 Gujarat riots, the Abdul Karim Telgi fake stamp paper scam, the Nithari killings case in 2007, and the 26/11 Mumbai terror attack case involving Ajmal Kasab.
- However, it was in 2010 that the Supreme Court delivered a ruling addressing the legality and admissibility of narco tests.
- According to the Supreme Court ruling in “Selvi & Ors vs State of Karnataka & Anr” (2010), lie detector tests should not be administered without the consent of the accused.
- The ruling emphasized that those who volunteer for the test must have access to legal counsel and be fully informed about the physical, emotional, and legal implications of the test.
Court Decisions and Examples
- The Supreme Court, relying on its 2010 ruling, rejected a petition to produce narco-test reports in the case of Aarushi Talwar, deeming it an attempt to delay the trial proceedings.
- In 2019, the Central Bureau of Investigation (CBI) wanted to conduct narco-analysis tests on a former Punjab National Bank (PNB) staffer involved in an alleged fraud case, but the manager did not provide consent.
- Last year, a Delhi court allowed a narco test on Aaftab Poonawalla, a murder suspect, after he voluntarily consented and acknowledged the potential consequences.
Legal Position before Supreme Court Ruling
- In 2006, the Madras High Court stated that scientific tests could be used by investigating agencies when the accused did not come forward with the truth, as it did not violate testimonial compulsion.
- Similarly, the 2008 Delhi High Court ruling in “Sh. Shailender Sharma vs State & Another” acknowledged the need for thorough investigations and stated that narco-analysis tests do not suffer from constitutional infirmities.
Can the results of these tests be considered as “confessions”?
- Not a confession: Because those in a drugged-induced state cannot exercise a choice in answering questions that are put to them.
- Assumed as evidence: However, any information or material subsequently discovered with the help of such a voluntarily-taken test can be admitted as evidence.
- Supports investigation: It reveals the location of, say, a physical piece of evidence (which is often something like a murder weapon) in the course of the test.
Way Forward
- Evaluate the demand and implications of narco analysis tests in legal proceedings, considering both the benefits and ethical concerns.
- Engage in a broader discussion on the forced intrusion into an individual’s mental processes and its impact on human dignity and rights.
- Explore alternative methods of gathering evidence while ensuring constitutional rights are respected and upheld.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: XPOSAT, Polarimetry
Mains level: Not Much
Central Idea
- The Indian Space Research Organisation (ISRO) is partnering with the Raman Research Institute (RRI) in Bengaluru to develop the X-Ray Polarimeter Satellite (XPoSat), set to launch later this year.
What is XPoSat?
- XPoSat aims to study various dynamics of bright astronomical X-ray sources in extreme conditions.
- It is India’s first polarimetry mission and the world’s second, with NASA’s Imaging X-ray Polarimetry Explorer (IXPE) being the other major mission launched in 2021.
- IXPE carries three state-of-the-art space telescopes to observe polarized X-rays from neutron stars and supermassive black holes, providing insights into the geometry and inner workings of the light source.
XPoSat Payloads
- XPoSat will carry two scientific payloads in a low Earth orbit.
- The primary payload, POLIX, will measure the polarimetry parameters of X-rays, observing approximately 40 bright astronomical sources across different categories during the mission’s planned five-year lifetime.
- The XSPECT (X-ray Spectroscopy and Timing) payload will provide spectroscopic information on how light is absorbed and emitted by objects, allowing observations of X-ray pulsars, black hole binaries, low-magnetic field neutron stars, and more.
X-Rays in Space
- X-rays in space have higher energy and shorter wavelengths, ranging from 0.03 to 3 nanometers.
- X-rays are emitted by objects with temperatures in the millions of degrees Celsius, such as pulsars, galactic supernova remnants, and black holes.
- Polarized light, consisting of organized moving electric and magnetic waves, plays a role in X-ray observations, and polarized lenses are used by fishermen to reduce glare from sunlight.
Significance of Polarimetry
- Polarimetry involves measuring the angle of rotation of the plane of polarized light as it passes through certain transparent materials.
- XPoSat’s primary payload, POLIX (Polarimeter Instrument in X-rays), developed by RRI and UR Rao Satellite Centre, will measure the degree and angle of polarization in X-rays from astronomical sources.
- The emission mechanisms of various astronomical sources are complex, and understanding them poses challenges that polarimetry can help address.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Andaman and Nicobar Command and framwework
Mains level: India's maritime security and the strategic potential of the Andaman and Nicobar Islands
Central Idea
- China’s aggressive construction of artificial islands in the South China Sea highlights the strategic significance of India’s Andaman and Nicobar (A&N) Islands. These islands provide India with a unique opportunity to project power, safeguard its interests, and exert influence in the region. However, there is an urgent need to reinforce the Andaman and Nicobar Command (ANC) and recognize its potential in the evolving Indo-Pacific security landscape.
All you need to about Andaman and Nicobar Command (ANC)
- The Andaman and Nicobar Command (ANC) is a unified military command of the Indian Armed Forces. It brings together the three branches of the Indian Armed Forces, the Army, Navy, and Air Force along with the Coast Guard, under the command of a designated Commander-in-Chief, Andaman and Nicobar (CINCAN).
- It was established on October 1, 2001, and is responsible for the defense and security of the Andaman and Nicobar Islands, which are strategically located in the Bay of Bengal.
- The ANC plays a significant role in regional security in the Indo-Pacific and contributes to joint military exercises and collaborations with partner countries.
- It serves as a model for jointness and integration in India’s military structure, promoting coordination, interoperability, and efficiency in operations.
China’s rapid construction of artificial islands in the South China Sea and concerns for India
- Security Threat: China’s militarization of these islands, including the deployment of military infrastructure and guided-missile batteries, poses a direct security threat to India. It enables China to extend its defensive perimeter and project power in the region, potentially affecting India’s strategic interests.
- Maritime Domain Awareness: China’s island-building campaign allows it to enhance its maritime domain awareness by monitoring and controlling the sea routes in the South China Sea. This could potentially impact India’s freedom of navigation and its ability to operate in the region.
- Regional Power Projection: China’s presence in the South China Sea, coupled with its growing military capabilities, challenges the balance of power in the Indo-Pacific region. This has implications for India’s security calculus, as it seeks to maintain a favorable regional environment and protect its interests.
- Geopolitical Influence: China’s assertive actions in the South China Sea have regional and global geopolitical implications. It allows China to expand its influence in the Indo-Pacific, potentially impacting India’s relationships with other countries in the region.
- Disputed Territory: China’s island-building activities in the South China Sea involve disputed territorial claims with other countries in the region, including India’s close partner, Vietnam. These disputes raise the risk of potential conflicts and heighten regional tensions
Facts for prelims: Geography of Andaman and Nicobar Islands (ANI)
| Aspect |
Information |
| Location |
Located between 6° and 14° North Latitude and 92° and 94° East Longitude, the Andaman and Nicobar Islands are a union territory in India. |
| Two groups of Islands |
The islands north of 10° north latitude are known as Andaman, while the islands south of 10° north latitude are called Nicobar. |
| The Andamans |
The Andamans consist of more than 300 islands, with North, Middle, and South Andaman, collectively known as Great Andaman, being the main islands. |
| The 10-degree channel |
The 10-degree channel, approximately 145 km long, separates Little Andaman in the south from the Nicobar Islands. |
| The Nicobars |
The Nicobars consist of 19 islands, including Car Nicobar in the north and Great Nicobar in the south. The northwestern tip of Sumatra, Indonesia, is located about 90 miles southwest of Great Nicobar. |
| Formation |
Both the Andaman and Nicobar groups are formed by above-sea extensions of submarine ridges of mountains and are part of a great island arc. The highest peaks include Saddle Peak on North Andaman, Mount Thullier on Great Nicobar, and Mount Harriet on South Andaman. |
| Andaman Terrain |
The terrain of the Andamans is rough, with hills and narrow longitudinal valleys, formed of sandstone, limestone, and shale of Cenozoic age. Flat land is limited to a few valleys. |
| Nicobar Terrain |
The terrain of the Nicobar islands is diverse, ranging from flat coral-covered surfaces with offshore coral formations on islands like Car Nicobar to hilly regions with fast-flowing streams on islands like Great Nicobar. |
| Fresh Water |
Great Nicobar is the only island in the territory with a significant amount of fresh surface water. |
| Climate |
The climate of the Andaman and Nicobar Islands is tropical but moderated by the sea. |
The Importance of Strengthening ANC
- Comprehensive Maritime Domain Awareness: The ANC must have enhanced capabilities to monitor and defend India’s territorial waters, airspace, and exclusive economic zone. It should focus on advanced surveillance systems and establish an air defense identification zone (ADIZ) over the islands.
- Defense against Military Intrusions: The ANC needs increased force levels and firepower to deter potential military incursions and protect the archipelago from hostile elements.
- Tracking and Interdicting Hostile Forces: Strengthening the ANC’s capabilities to track and neutralize hostile ships and submarines is essential for maintaining maritime security.
- Rapid Reaction Force: The command should be equipped to deploy a rapid reaction force promptly through airlift or sealift, ensuring swift response to emerging threats
Quad and Malabar exercises to balance China’s growing influence in the region
- Quad Coordination: The Quad, comprising India, the US, Japan, and Australia, should take decisive steps to counter China’s aggression. Establishing a Quad secretariat in Port Blair could serve as a hub for naval coordination and cooperation.
- Multinational Operations: The Quad navies, with their growing interoperability, should expand their joint operations beyond exercises. Engaging in non-traditional activities such as disaster relief, humanitarian assistance, and maritime security operations would reinforce regional stability and dissuade potential hegemons.
Conclusion
- To maximize the strategic potential of the Andaman and Nicobar Islands and ensure a robust presence in the Bay of Bengal, it is imperative to strengthen and retain the ANC as an independent joint command. By bolstering its capabilities and leveraging partnerships like the Quad, India can secure its maritime interests and actively contribute to a stable Indo-Pacific region. The ANC has the potential to be a vital asset in the ongoing Indo-Pacific “Great Game.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Global Solutions Summit
Mains level: Global economic and political divisions, Needs for new economic paradigm
Central Idea
- In the pursuit of communal and caste politics, India’s focus on the economy has been overshadowed. However, the growing divide among classes is silently reshaping the Indian electorate, with more than 50% of the population being left behind by economic growth. It is essential to address the economic concerns of all citizens, regardless of caste and religion, and embrace a new paradigm of economics.
The Global Solutions Summit
- Global Solutions Summit, 2023 held at Berlin.
- The theme at the Global Solutions Summit this year, was a new paradigm for the economy.
- Its backdrop was the rising tensions in the east between the United States and China, and the war in the west between the North Atlantic Treaty Organization (NATO) and Russia
- The dominant G-7 countries, representing only 15% of the world’s population, exert undemocratic pressure on other nations, raising concerns about global democracy.
- The think tanks of the G-20 and other countries at the summit called attention to global problems of climate change, increasing economic inequalities within and among countries, and the effects of the financial and trade sanctions imposed by the most powerful nation, which are affecting the other 85% most of all.
Prevalence of Political and economic divisions in societies worldwide
Political Divisions
- Ideological divisions: Political ideologies such as conservatism, liberalism, socialism, and populism can create stark divisions in society, with contrasting views on the role of government, individual rights, and social policies.
- Partisan politics: Political parties and their supporters often exhibit deep divisions, especially during elections and policy debates, based on party affiliations, policy preferences, and competing interests.
- Identity politics: Divisions along the lines of race, ethnicity, religion, gender, and other social identities can shape political landscapes, with groups advocating for their specific interests and rights.
- Regional disparities: Regional differences in economic development, cultural norms, and historical grievances can lead to political divisions, with demands for greater autonomy or regional representation.
Economic Divisions
- Income inequality: The unequal distribution of wealth and income can create divisions between the rich and the poor, with implications for access to resources, opportunities, and social mobility.
- Urban-rural divide: Disparities between urban and rural areas in terms of economic opportunities, infrastructure, and public services can lead to economic divisions and political differences.
- Global economic disparities: The divide between developed and developing countries, as well as within countries, contributes to economic divisions, with implications for trade, investment, and development policies.
- Labour market divisions: Differences in employment opportunities, wages, and working conditions can create divisions between different sectors of the economy, such as skilled and unskilled workers or formal and informal sectors.
Evolution of Economic Systems
- Traditional Economy: In traditional economies, production is based on customs, traditions, and barter systems. It typically revolves around subsistence agriculture, hunting, gathering, and small-scale artisanal activities. This system is prevalent in agrarian and indigenous societies.
- Command Economy: Command economies emerged with the rise of centralized governments and planned economies. The state assumes control over the means of production, distribution, and resource allocation. Central planning and government directives determine economic activities and resource allocation. The Soviet Union under communism is an example of a command economy.
- Market Economy: Market economies are characterized by decentralized decision-making and the interaction of supply and demand forces in determining prices, resource allocation, and production decisions. Private ownership of property, individual freedom, and competition play crucial roles. Free-market capitalism, as advocated by Adam Smith, is a key model of a market economy.
- Mixed Economy: Most modern economies are mixed economies that combine elements of both market and command systems. In a mixed economy, the government intervenes to regulate markets, provide public goods and services, and address market failures. The extent of government intervention varies across countries and can range from social welfare programs to industrial regulations.
- Socialist Economy: Socialist economies emphasize social ownership and collective decision-making in economic activities. The means of production are typically owned by the state or workers’ collectives. The aim is to reduce inequality and ensure equitable distribution of resources. Examples include the former Soviet Union and China under Mao Zedong.
- Market Socialism: Market socialism blends elements of market economies with socialist principles. It allows for private ownership and market mechanisms but aims to maintain social equity through state intervention, wealth redistribution, and public ownership of key industries. Some Scandinavian countries, such as Sweden and Norway, incorporate aspects of market socialism.
- Post-Industrial Economy: The post-industrial economy is characterized by a shift from manufacturing and heavy industry to service-based industries, information technology, and knowledge-based sectors. It is driven by innovation, technological advancements, and the growing importance of intellectual capital.
Need to reform the GDP-centric model
- Inadequate Measure of Well-being: GDP (Gross Domestic Product) measures the monetary value of all final goods and services produced within a country’s borders. However, it fails to capture important aspects of well-being, such as the distribution of wealth, social indicators, environmental sustainability, and quality of life.
- Overemphasis on Economic Growth: The GDP-centric model places excessive focus on economic growth as the primary indicator of success. While economic growth is important, it should not be the sole measure of a nation’s progress.
- Ignoring Income Inequality: GDP growth does not necessarily translate into equitable distribution of wealth and income. It often perpetuates income inequalities, as the benefits of growth may disproportionately accrue to a few privileged individuals or groups.
- Unsustainable Resource Consumption: The GDP-centric model often encourages unsustainable patterns of resource consumption and production. It fails to account for the environmental costs and depletion of natural resources associated with economic activities.
- Neglecting Non-Monetary Factors: The GDP-centric approach overlooks non-monetary factors that contribute to overall well-being, such as health, education, social capital, cultural heritage, and quality of life. These factors are critical for human development and should be considered alongside economic indicators to provide a comprehensive assessment of progress.
- Inaccurate Reflection of Informal Economy: The GDP-centric model struggles to capture the contributions of the informal economy, which often represents a significant portion of economic activity in many countries. Informal sector workers and their economic contributions remain largely unaccounted for in traditional GDP calculations.
- Need for Alternative Metrics: There is a growing need for alternative metrics and indicators that capture a broader range of factors affecting well-being, such as the Human Development Index (HDI), Genuine Progress Indicator (GPI), Sustainable Development Goals (SDGs), and well-being indices. These metrics consider social, environmental, and economic dimensions to provide a more holistic understanding of progress.
Need for a New Economic Paradigm in India
- Rising Inequality: India faces significant income and wealth inequalities, with a large portion of the population left behind by economic growth. The current economic system has failed to adequately address these inequalities and provide equal opportunities for all citizens.
- Unemployment and Job Creation: India has been grappling with high unemployment rates and a lack of sufficient job opportunities, especially for its burgeoning youth population. The existing economic model needs to be reimagined to prioritize job creation, skill development, and entrepreneurship to harness the demographic dividend effectively.
- Sustainable Development: Environmental degradation, climate change, and resource depletion are pressing challenges for India. A new economic paradigm should prioritize sustainability and integrate environmental considerations into economic decision-making.
- Social Welfare and Human Development: While economic growth is essential, it must be accompanied by investments in social welfare and human development. Access to quality education, healthcare, housing, and social security are critical for the well-being of citizens. A new economic paradigm should prioritize human development indicators alongside economic indicators to ensure the holistic development of the population.
- Agricultural Distress: India’s agricultural sector faces various challenges, including farmer distress, low productivity, and lack of market access. The new economic paradigm should address these issues by promoting sustainable agriculture, improving rural infrastructure, enhancing farmers’ income, and ensuring food security.
- Digital Transformation and Innovation: India is experiencing a digital revolution, with rapid technological advancements and a growing digital economy. The new economic paradigm should leverage the potential of digital transformation and innovation to drive inclusive growth, improve governance, and enhance competitiveness in the global economy.
- Governance and Transparency: Enhancing governance, promoting transparency, and curbing corruption are essential for sustainable economic development.
Conclusion
- India urgently needs a new economic paradigm that addresses the concerns of its citizens. The focus should shift towards inclusivity and social justice, rather than perpetuating economic inequalities. Reforms must prioritize the well-being of all, and economists should revaluate their current models to create a more equitable and sustainable future for India.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: ordinance making powers and related constitutional provisions and procedure
Mains level: Questionable constitutionality of the ordinance and the scope of court's verdicts
Central Idea
- The recent promulgation of The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 by the President of India has sparked a debate concerning the scope of the Supreme Court’s verdict and the constitutionality of the ordinance.
Court’s Verdict and interpretations
- In interpreting Article 239AA(3)(a), the Court ruled:
- It determined that the Legislative Assembly of the NCT Delhi has the authority with the exception
- The Court clarified that the executive power of the NCTD is co-extensive with its legislative power, encompassing all matters within its legislative jurisdiction.
- It established that the Union of India has executive power over three entries in List II, which the NCTD does not have legislative competence
- Court’s verdict: Based on these interpretations, the Court concluded that the executive power over services falls exclusively under the Government of the NCTD. This interpretation aligns with the language of Article 239AA(3)(a) of the Constitution.
- However, the subsequent ordinance promulgated by the President on May 19, through the exercise of legislative power under Article 123, expanded the scope of excepted matters in Article 239AA(3)(a).
Facts for prelims
| Article |
Description |
| Article 123 |
Empowers the President to issue ordinances during Parliament’s recess. |
| Article 239 |
Deals with the administration of Union Territories. |
| Article 239A |
Provides for the creation of a Legislative Assembly for the Union Territory of Delhi. |
| Article 239AA |
Contains special provisions for the Union Territory of Delhi, including the establishment of a Legislative Assembly and governance structure. |
| Article 368 |
Outlines the procedure for amending the Constitution. |
| Article 144 |
Deals with the binding nature of the Supreme Court’s judgments on all courts and authorities in India. |
| Article 213 |
Empowers the Governor of a state to promulgate ordinances during the recess of the state legislature. |
Why the constitutionality of the ordinance in this regard is highly questionable?
- Bypassing the constitutional amendment process: The ordinance expanded the scope of excepted matters in Article 239AA(3)(a). However, such an expansion would require a constitutional amendment under Article 368. By utilizing Article 123, which grants legislative power during the period of Parliament’s recess, instead of following the constitutional amendment process, the ordinance may be considered unconstitutional.
- Limits of legislative power: The power conferred on Parliament under Article 239AA(3)(b) is to make fresh laws, not to directly amend Article 239AA(3)(a) of the Constitution. Therefore, altering the scope of Article 239AA(3)(a) would require a constitutional amendment under Article 368.
- Colorable exercise of power: By expanding the scope of excepted matters without amending the Constitution through the appropriate procedure, the ordinance may be seen as a colorable exercise of power. It is essential to adhere to the constitutional amendment process to ensure the validity and legitimacy of legislative actions.
Implications of the Court’s Judgment
- Binding nature: When a Constitution Bench of the Supreme Court declares or interprets the law, its decision becomes binding on all courts and authorities in India according to Articles 141 and 144, respectively. The Court’s interpretation of Article 239AA(3)(a), which affirmed the exclusive executive power of the Government of the National Capital Territory of Delhi (NCTD) over services, is legally binding on all courts and authorities. This means that the government and other entities must adhere to this interpretation.
- Limits on executive power: The Court’s verdict clarified the extent of executive power held by the NCTD and the Union of India. This delineation of executive power sets clear boundaries and ensures a proper division of responsibilities between the NCTD and the Union government.
- Requirement of constitutional amendment: The Court’s verdict highlighted the need for a constitutional amendment to alter the scope of Article 239AA(3)(a) and expanding the exceptions in Article 239AA(3)(a) would require a constitutional amendment under Article 368. This reaffirms the importance of adhering to the constitutional amendment process to ensure the integrity and legitimacy of any changes made to the Constitution.
- Questioning the validity of the ordinance: The Court’s judgment raises questions about the validity of the subsequent ordinance promulgated by the President. The ordinance, which expanded the scope of excepted matters in Article 239AA(3)(a), may be deemed unconstitutional.
Conclusion
- The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 raises constitutional concerns. Its expansion of excepted matters without a constitutional amendment is likely to be struck down. The ordinance is void ab initio and represents a colorable exercise of power. Only Parliament, through proper amendment procedures, can alter the scope of Article 239AA(3)(a).
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: BIMA Trinity
Mains level: Insurance sector reforms
Central Idea
- The Insurance Regulatory and Development Authority (IRDA) in India aims to implement ambitious plans to improve the insurance sector.
- The key objectives include offering affordable bundled policies that cover multiple risks and providing expedited claim settlements with value-added services.
“Bima Trinity” – A Comprehensive Plan
- The IRDA is collaborating with general and life insurance firms to develop a comprehensive plan called “Bima Trinity.”
- Bima Sugam
- Bima Vistar
- Bima Vaahaks
(1) Bima Sugam – One-Stop Shop Platform
- The IRDA is developing the Bima Sugam platform, which will integrate insurers and distributors onto a single platform.
- This platform will serve as a one-stop shop for customers, simplifying the process of purchasing policies and accessing services.
- Customers will be able to pursue service requests and settle claims through the same portal, enhancing convenience and efficiency.
(2) Bima Vistar
- The IRDA is working on the development of Bima Vistar, a bundled risk cover that encompasses life, health, property, and casualties or accidents.
- This bundled policy aims to provide comprehensive protection against a wide range of risks.
- Policyholders will have defined benefits for each risk, allowing for faster claim payouts without the need for surveyors.
- Bima Vistar will offer defined benefits for each risk category, ensuring clarity and ease of understanding for policyholders.
- If a loss occurs, the defined benefit will be promptly transferred to the policyholder’s bank account, eliminating unnecessary waiting periods.
(3) Bima Vaahaks: Women-Centric Workforce
- As part of the Bima Trinity plan, the IRDA envisions a women-centric workforce known as Bima Vaahaks.
- Bima Vaahaks will operate at the Gram Sabha level and engage with women heads of households.
- Their role will be to educate and convince women about the benefits of a comprehensive insurance product like Bima Vistar.
- They will emphasize the usefulness of a composite insurance product like Bima Vistar during times of distress.
- By highlighting the advantages and addressing concerns, these Bima Vaahaks will play a crucial role in empowering women and ensuring their financial security.
Other developments
- Leveraging Digitized Registries for Faster Claims: With the increasing digitization of birth and death registries in many states, the IRDA plans to integrate its platform with these registries. This integration would allow for seamless sharing of data and facilitate faster claim settlements.
- Streamlined Claim Settlement Process: Policyholders can access the platform, retrieve their policy from the insurers’ repository, and provide the necessary documents, such as the death certificate. This swift claim settlement process revolutionizes the insurance industry by significantly reducing the time taken for policyholders to receive their claims.
Expansion of Insurance Penetration
(1) Legislative Amendments for Increased Investments
- The IRDA plans to introduce legislative amendments to attract more investments into the insurance sector. These amendments would allow for differentiated licenses for niche players, similar to the banking sector.
- The objective is to encourage more participation, ultimately making insurance more accessible and affordable for citizens.
(2) Making Insurance Available, Affordable, and Accessible
- The IRDA is focused on adopting a multi-level approach to make insurance available, affordable, and accessible to a larger population.
- The aim is to address the low insurance penetration in the country and double the number of jobs in the sector.
- The regulator believes that by implementing these changes, insurance can become more inclusive and reach citizens at the Gram Sabha (village council), district, and state levels.
(3) Identifying Significant Protection Gaps
- The IRDA acknowledges the existence of significant protection gaps in various lines of insurance, including life, health, motor, property, and crops.
- These gaps highlight the need for comprehensive coverage and prompt claim settlements.
Proposed Amendments for Regulatory Reforms
The IRDA has proposed amendments to insurance laws to enable regulatory reforms that encourage increased investment and innovation.
- Differentiated capital requirements: These amendments aim to introduce differentiated capital requirements for niche insurers, attracting more investment into the sector.
- Other value-added services: Additionally, the proposed amendments will allow insurers to offer value-added services alongside policies, catering to the evolving needs and preferences of customers.
- Encouraging new players and services: The proposed amendments will pave the way for the entry of new players in the insurance sector. Micro, regional, small, specialized, and composite insurers will have the opportunity to operate and cater to different geographical areas and population segments.
Comparison with Banking Sector
- The IRDA draws parallels between the proposed changes in the insurance sector and the existing diversity in the banking sector.
- Similar to the banking sector, which includes various types of banks addressing different needs and geographies, the insurance sector can benefit from a diverse range of insurers.
- Payment banks, small finance banks, cooperative banks, and other specialized institutions serve specific purposes and cater to distinct segments of the population.
Way Forward
The IRDA’s initiatives, including bundled policies and expedited claim settlements, have the potential to significantly enhance insurance accessibility and affordability in India. To move forward effectively, the following steps can be considered:
- Collaborating with Insurers: The IRDA should work closely with insurance companies to refine and implement the Bima Trinity plan, ensuring the success of bundled policies and integrated platforms.
- Technological Integration: Prioritizing the integration of birth and death registries with the IRDA platform to expedite claim settlements. Emphasizing technological advancements and partnerships for seamless data sharing and processing.
- Awareness and Education: Launch a comprehensive awareness campaign in collaboration with insurers and stakeholders to educate the public, especially women, about the benefits of bundled policies and comprehensive insurance coverage.
- Regulatory Reforms: Expediting proposed amendments to insurance laws to enable differentiated capital requirements and value-added services. Active engagement with relevant government bodies to ensure smooth implementation.
- Monitoring and Evaluation: Establishing a robust framework for monitoring and evaluating the effectiveness of bundled policies, claim settlement processes, and insurance penetration in different regions.
- Continuous Innovation: Encouraging insurers to continuously innovate and develop new products and services that address emerging risks and meet evolving consumer preferences in the rapidly evolving insurance landscape.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Recusal of Judges
Mains level: Read the attached story
Central Idea
Recusals by judges have been a frequent occurrence in recent weeks, raising important questions about the circumstances under which judges should recuse themselves, the need for recording reasons for recusal, and the reliance on individual judges’ discretion.
What is Recusal?
- 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.
Reasons for Judicial Recusal
- Conflict of interest: Recusal often occurs when a judge has a direct conflict of interest or a prior association with the parties involved in a case. For instance, if a judge holds stakes in a company involved in the case, it would be reasonable to recuse themselves.
- Earlier difference of opinion: Similarly, if the judge previously represented one of the parties in a case, recusal may be necessary.
- Prevent bias: Some judges may recuse themselves based on apprehension of bias, while others may refuse to withdraw, considering the potential damage to the institution.
- Absence of Codified Rules: India currently lacks codified rules specifically governing recusals, but the Supreme Court has addressed the issue through various judgments.
Procedure for Recusal
- Automatic and Plea-based Recusal: Recusal can happen automatically when a judge recognizes a conflict of interest or when a party raises a plea for recusal due to bias or personal interest.
- Judge’s Discretion: The decision to recuse rests solely on the conscience and discretion of the judge; no party can compel a judge to withdraw.
- Transfer of the Case: When a judge recuses, the case is transferred to the Chief Justice, who reassigns it to an alternate bench to ensure the continuity of proceedings.
Recording Reasons for Recusal
- Responsibility of Judges: Since there are no statutory rules, judges are responsible for recording their reasons for recusal.
- Oral or Written Disclosure: Reasons for recusal can be specified orally in open court or through a written order, or they may remain undisclosed.
Criticism
- Lack of transparency: This regarding reasons for recusal has faced criticism, particularly when mass recusals occur in sensitive cases.
- Motives undisclosed: Some judgments have argued for the need to indicate reasons to avoid attributing motives to recusals, while others express concerns that specifying reasons could lead to challenges and hinder the recusal process.
- Inevitable delay: Recusal inevitably leads to delays in the proceedings as the case is transferred back to the Chief Justice, who must assign it to a fresh bench.
Past Supreme Court Rules on Recusal
- Factors for Impartiality: The Supreme Court has established various factors to determine the impartiality of a judge in previous judgments.
- Reasonableness of Apprehension: The reasonableness of the party’s apprehension of bias is a crucial consideration when deciding whether recusal is necessary.
- Definition of Judicial Bias: Judicial bias is defined as a predisposition that compromises a judge’s impartiality.
- Real Danger Test: Pecuniary interests automatically disqualify a judge, while other cases require applying the “real danger” test to evaluate the possibility of bias.
Issues with Recusal
- Abdication of Duty: Recusal has been viewed as a potential abdication of a judge’s duty, raising concerns about maintaining institutional civility while fulfilling the independent role of judges as adjudicators.
- Importance of Providing Reasons: Justice Kurian Joseph, in his separate opinion in the 2015 National Judicial Appointments Commission (NJAC) judgment, emphasized the importance of judges providing reasons for recusal to enhance transparency.
- Constitutional Duty for Transparency: Indicating reasons for recusal is a constitutional duty, reflecting the need for judges to be transparent and accountable.
Practices in Foreign Jurisdictions
- United States: It has well-defined laws and codes that explicitly detail grounds for recusal, such as financial interests, prior involvement as a lawyer or witness, and relationships with parties.
- United Kingdom: It has adopted the “real danger” test to disqualify judges based on substantive evidence of bias, although this approach has faced criticism.
Importance of Appearance of Bias
- The European Convention of Human Rights emphasizes the significance of the “appearance of bias” to ensure fairness from the perspective of a reasonable observer.
Way Forward
- To ensure fairness and maintain public trust in the justice system, it is crucial to establish clear guidelines and rules for recusal in India.
- Codifying principles, requiring judges to record reasons for recusal, and promoting transparency can address concerns about bias and uphold the integrity of the judiciary.
- Learning from foreign jurisdictions, such as studying the comprehensive recusal laws in the United States, can provide valuable insights for developing a robust framework for recusal in India.
- Enhancing transparency and accountability in the recusal process will contribute to a stronger and more trusted judicial system.
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