From UPSC perspective, the following things are important :
Prelims level: POCSO Act
Mains level: Read the attached story
PC: The Quint
Central Idea
Kerala High Court’s Ruling on POCSO Case: Quashing of a case filed against a Kerala actor/activist accused of subjecting her children to an obscene act.
Emphasis on Contextual Consideration: The court highlights the need to consider the context in which the act was performed and challenges the notion of default sexual interpretation.
Nudity and Obscenity Charges against the Accused
(1) POCSO Case
Video Incident and Allegations: A women’s rights activist posted a video on social media showing her children painting on her semi-nude torso with the hashtag “Body Art and Politics”.
Outrage and Accusations: Public outcry ensues, and the activist is accused of subjecting her children to an obscene act.
Additional Charges: The activist also faced charges under Section 67B (a), (b), and (c) of the Information Technology (IT) Act and Section 75 of the Juvenile Justice (JJ) Act.
IT Act Charges: The charges relate to publishing or transmitting obscene material involving children.
JJ Act Charge: The charge pertains to cruelty towards children.
Court’s Ruling on POCSO Charges
Absence of Sexual Intent: The court examined the video and concludes that there was no sexual intent on the part of the mother.
Dismissal of POCSO Charges: The court dismissed charges under relevant sections of the POCSO Act, as sexual intent and use of children for pornography were not established.
Contextual Consideration: The court emphasizes the importance of considering the context in which the video was published.
Discharge from IT and JJ Act Charges: The court discharged the activist from charges under the IT and JJ Acts, finding no sufficient grounds for proceeding against her.
Significance of the Judgment
Bodily Autonomy as Human Dignity: The court emphasized women’s autonomy as an integral aspect of human dignity.
Importance of Bodily Autonomy: The court highlighted the significance of bodily autonomy in making choices about one’s own body.
Legal Interpretation of Obscenity: The court explained the definition of obscenity based on legal precedents.
Comparison of Standards: The court compared the Hicklin Test with contemporary community standards to determine obscenity.
Hicklin Test
The Hicklin Test is a legal standard used to determine obscenity in various jurisdictions. It originated from the 1868 ruling in the UK case of ‘Queen vs. Hicklin.’ According to the Test, material is considered obscene if it has the potential to “Deprave and Corrupt” individuals whose minds are open to immoral influences. This test focuses on the impact of the material on vulnerable individuals rather than considering its overall artistic or social value. This Test has been subject to reinterpretation and revision in subsequent legal decisions.
Nudity and Cultural Context
Nudity beyond Obscenity: The court asserted that nudity and obscenity are not always synonymous.
Cultural Examples: The court cited cultural and artistic depictions of nudity in temples and festivals to demonstrate the acceptance of nudity in certain contexts.
Challenging Double Standards and Promoting Equality
Critique of Double Standards: The court criticized the double standards that sexualize women’s bodies while allowing men’s bodies to be exposed.
Activist’s Intent: The court acknowledged the activist’s intention to challenge these double standards.
Importance of Individual Freedom: The court concluded that societal norms and morality should not dictate legal prosecution, emphasizing individual freedom and equality before the law.
Balancing Individual Autonomy and Societal Morality
Delicate Balance: We must consider the delicate balance between individual autonomy and societal morality in cases involving nudity and obscenity.
Need for Contextual Consideration: Reiteration of the importance of considering the specific context and intentions behind an act before passing judgment about someone is crucial.
Navigating Obscenity Standards: Hicklin Test and Beyond
Exploring the Hicklin Test: Explanation of the historical significance and limitations of the Hicklin Test in determining obscenity.
Evolving Standards: Reflection on the evolving legal standards and the shift towards contemporary community standards in assessing obscenity.
Way forward
Promoting Education: Implement comprehensive educational programs to raise awareness about the nuances of nudity, artistic expression, and individual autonomy.
Addressing Stereotypes: Challenge societal stereotypes and misconceptions surrounding nudity, promoting a more inclusive understanding of diverse forms of artistic expression.
Cultural Sensitivity: Encourage respectful discussions that acknowledge and respect different cultural perspectives on nudity and artistic expression.
Review of Obscenity Laws: Conduct a comprehensive review of existing obscenity laws to ensure they align with contemporary community standards and protect freedom of expression and individual autonomy.
Contextual Consideration: Introduce legal provisions that mandate contextual considerations when assessing charges related to nudity and obscenity, emphasizing artistic intent and cultural significance.
Support Artistic Expression: Provide platforms, grants, and resources to support artists exploring nudity as a form of artistic expression, fostering creativity, and challenging societal norms.
From UPSC perspective, the following things are important :
Prelims level: India's G20 Presidency and new initiatives
Mains level: India's G20 Presidency, commitment for global good and inclusive approach
Central Idea
India’s G20 presidency, characterized by the keywords “inclusive, ambitious, and action-oriented,” has made substantial progress in delivering on its promise of inclusivity. By prioritizing the basic necessities of life for every citizen, India has exhibited a strong commitment to social security support and people-centric development.
Inclusive Development Initiatives during India’s G20 presidency
Digital Public Infrastructure: India’s robust digital infrastructure has played a crucial role in delivering the benefits of development directly to citizens across the country. This transparent and corruption-free system has ensured that developmental programs reach every corner of the nation, bridging the digital divide and empowering citizens.
Access to Basic Necessities: The government has prioritized providing every citizen with access to basic necessities. For example, around 110 million rural households have been provided with access to clean drinking water at their homes. Additionally, more than 110 million sanitation facilities have been constructed across the country, improving public health and hygiene.
Pradhan Mantri Jan Dhan Yojana: This flagship financial inclusion program has been instrumental in providing banking services to previously unbanked sections of society. With a focus on women-led development, the scheme has witnessed significant participation, with 56% of Jan Dhan account holders being women, especially in rural and semi-urban areas.
Women-Led Development: Recognizing the pivotal role of women in driving development, India’s G20 presidency has prioritized women’s empowerment. Policies and initiatives have been designed to foster gender equality, enhance women’s participation in various sectors, and promote their overall well-being.
How India’s Foreign Policy consistently prioritized working for the global public good?
Humanitarian Assistance and Disaster Relief: India has a long-standing tradition of providing humanitarian assistance and disaster relief to countries in need. In times of crises India has extended its support by offering medical aid and supplies. For example, during the COVID-19 pandemic, India provided essential medical supplies to over 190 countries and shared vaccines through the Vaccine Maitri program with more than 150 countries.
Development Cooperation: Through programs such as the Indian Technical and Economic Cooperation (ITEC) and the Indian Development and Economic Assistance Scheme (IDEAS), India has offered capacity building, technical assistance, and development projects in various sectors such as agriculture, healthcare, education, and infrastructure.
Multilateral Engagements: India actively collaborates with other nations to find collective solutions to issues like climate change, sustainable development, peacekeeping, and poverty eradication. India’s engagement in forums such as the United Nations, G20, BRICS, and regional organizations like SAARC and ASEAN reflects its commitment to multilateralism and working towards common goals.
Peacekeeping Operations: India has consistently been one of the largest contributors to UN peacekeeping missions. Indian peacekeepers have played a crucial role in maintaining peace and stability in conflict-affected regions around the world.
South-South Cooperation: India actively engages in South-South cooperation, which involves sharing knowledge, experiences, and resources among developing countries. India has partnered with other developing nations to address common challenges, share best practices, and promote mutual growth and development.
What is Pro-Planet People’s Movement?
Prime Minister Modi’s call for a “pro-planet people’s movement” to combat climate change epitomizes inclusivity in its true essence.
Aligned with this year’s G20 theme of Vasudhaiva Kutumbakam or One Earth, One Family, One Future, India demonstrates its holistic worldview, emphasizing collective efforts for global good.
Derived from the ancient Sanskrit text, the Maha Upanishad, this theme underscores the interconnectedness and value of all life forms, emphasizing the planet Earth’s broader universe
Inclusivity at the Core of India’s G20 Presidency
Geographic Representation: India has taken steps to ensure geographic inclusivity by holding G20 meetings in different locations across the country, covering all states and Union Territories.
African Representation: India has actively invited African nations to participate in its G20 Presidency, demonstrating a commitment to inclusivity and engagement with the African continent. Countries such as South Africa, Comoros (African Union Chair), Nigeria, Egypt, and Mauritius have been invited, giving a strong voice to Africa within the G20 discussions.
Engagement of Non-G20 Members: India has extended invitations to non-G20 member countries, regional organizations, and international organizations for specific G20 meetings. This initiative enriches the discussions by incorporating perspectives and expertise from a wider range of stakeholders. For example, Norway, known for its expertise in the blue economy, has been invited to contribute to the G20 meeting on ocean health.
Regional and International Organizations: In line with the inclusive approach, India has invited regional and international organizations to participate in specific G20 meetings. This facilitates dialogue and collaboration with organizations such as the United Nations, World Bank, IMF, and other relevant institutions.
People-Oriented Approach: India’s G20 Presidency adopts a people-oriented approach, encouraging the active participation and engagement of citizens. Various events, including seminars, conferences, and festivals, have been designed to involve the public and make them stakeholders in India’s G20 Presidency.
Facts for prelims
What is Startup20?
The Startup20 Engagement Group has been initiated under India’s G20 Presidency in 2023.
The group aims to create a global narrative for supporting startups and enabling synergies between startups, corporates, investors, innovation agencies and other key ecosystem stakeholders.
The engagement group comprises of three taskforces, namely Foundation & Alliance, Finance, and Inclusion & Sustainability, where delegates will come together to discuss efficient policy frameworks to promote scaling up of startups in the G20 nations.
Conclusion
India’s G20 presidency embodies the values of inclusivity, ambition, and action. By prioritizing the most vulnerable citizens of the world, India aims to foster human-centric development. In an era of global crises, the significance of upholding the sentiment of Vasudhaiva Kutumbakam has never been more crucial. India remains committed to inclusivity, ensuring the participation of all in the path to growth and prosperity.
From UPSC perspective, the following things are important :
Prelims level: India- Nepal cooperation and recent developments in news
Mains level: India-Nepal relations, challenges, Significance of the recent bilateral visits and future prospects
Central Idea
Nepal’s democracy, governance, and stability face numerous challenges, along with persistent bilateral irritants with India. However, the recent bilateral visit of Prime Minister Pushpa Kamal Dahal Prachanda to India has highlighted the potential of a pragmatic approach and mutual sensitivity in re-energizing the relationship between the two nations.
The challenge faced by Nepal in depoliticizing cooperation with India
Political Influence: Nepal’s domestic political dynamics often influence the country’s engagement with India. Political parties and leaders may prioritize their own interests or use cooperation with India as a political tool, leading to the politicization of bilateral issues and hindering effective collaboration.
Water Resources Cooperation: One area where depoliticization is crucial is water resources cooperation. The development of hydropower projects and the management of shared rivers require technical and practical solutions that are free from political interference. Depoliticizing water resources cooperation is essential to ensure long-term sustainability and mutual benefits.
Quality of Democracy and Governance: Strengthening the quality of democracy and governance within Nepal is vital to reduce the influence of political factors on bilateral relations. By promoting transparent and accountable governance structures, Nepal can create an environment that prioritizes national interests over political considerations.
Perception of Foreign Policy Priority: There is a perception among some in Nepal that India no longer considers the country a foreign policy priority. Addressing this perception and reaffirming Nepal’s importance to India’s foreign policy agenda can help build trust and create a sense of shared ownership in bilateral cooperation.
Inclusive Approach: Nepal needs to ensure that cooperation with India is not limited to the government of the day but involves all stakeholders across the political spectrum. Providing a sense of ownership, equality, and credit for major advancements to all parties fosters a more inclusive approach and reduces the politicization of bilateral relations
Significance of the recent bilateral visit
Re-energizing Bilateral Relations: The visit signifies a renewed commitment to re-energizing and strengthening bilateral relations between Nepal and India. It highlights the willingness of both nations to address challenges, enhance cooperation, and foster a positive trajectory in their relationship.
Comprehensive Review of Bilateral Agenda: Discussions covered various areas such as politics, economics, trade, energy, security, and developmental cooperation, allowing both sides to identify priorities and areas of mutual interest.
Addressing Daunting Challenges: Despite the daunting challenges faced by Nepal’s democracy, governance, and stability, the visit demonstrated that pragmatic approaches and mutual sensitivity can help overcome these challenges.
Economic Integration: The visit underscored the significance of economic integration between the two nations. Emphasis was placed on “game changers” such as hydropower projects, infrastructure development, tourism circuits, and improved connectivity.
Power Sector Cooperation: Cooperation in the power sector, including the transmission passage from Nepal to Bangladesh through India, was an important aspect of the visit. Agreements and efforts to increase power trade and collaboration in this sector have the potential to bring prosperity to the entire sub-region.
Digital Connectivity and Space Cooperation: The visit also focused on enhancing digital financial connectivity and regional cooperation in the space sector. Initiatives such as facilitating cross-border digital payments and providing satellite services highlight the potential for collaboration in telecommunication, broadcasting, tele-medicine, tele-education, and other areas.
Building Trust and Confidence: The visit helped in building trust and confidence between the leaders of both countries. Reassurances regarding the resolution of differences on border issues and avoiding attempts to justify official versions of the border as the correct one contributes to a more positive atmosphere.
Realistic Handling of Bilateral Issues
Political Courage: Despite being in a weak position as the leader of the third-largest party in Parliament, Prachanda demonstrated political courage by considering the costs and benefits of various approaches to bilateral issues.
Calculated Decision-making: Prachanda shrewdly calculated the costs of paying heed to political noises cautioning against being soft on irritants like the 1950 Treaty, border differences, and India’s reluctance to receive the report of the Eminent Persons Group (EPG).
Listening to Voices of Reason and Moderation: Rather than succumbing to the spectrum of political dissent, Prachanda chose to listen to the few voices of reason and moderation. This approach helped him focus on opportunities for building a better future.
Pragmatic Approach: Prachanda’s approach was pragmatic, taking into account the challenges presented by the post-COVID-19 world, current realities, and the significant opportunities for bilateral cooperation.
Focus on Opportunities: Instead of getting caught up in political instability and distractions, Prachanda focused on the opportunities for cooperation and collaboration between India and Nepal.
Cooperation in the Power Sector and Digital Connectivity
Power Sector Cooperation: The visit highlighted the transmission passage from Nepal to Bangladesh through India, enabling trilateral power transactions. Agreements were made to increase the quantum of power export from Nepal to India to 10,000 MW within a timeframe of 10 years, presenting significant opportunities for economic growth and energy security in the region.
Hydropower Projects: The development of hydropower projects in Nepal can not only meet the increasing energy demands of India but also contribute to Nepal’s economic growth. The visit highlighted the importance of hydropower projects that can supply energy to India and potentially to Bangladesh, opening new avenues for regional collaboration and prosperity.
Digital Connectivity: The memorandum of understanding (MoU) between the National Payments Corporation of India and the Nepal Clearing House Ltd. facilitates cross-border digital payments, promoting seamless financial transactions and facilitating trade between the two countries.
Space Sector Cooperation: India offered to create a ground station and supply user terminals to provide satellite services of the South Asia Satellite to Nepal. This cooperation can have wide-ranging applications in telecommunication, broadcasting, tele-medicine, tele-education, disaster response, and meteorological data transmission. It promotes regional cooperation in space technology and its practical applications across various sectors.
Way ahead
Dialogue and Engagement: Sustained and regular dialogue between the leaders and officials of both countries is crucial. This helps address concerns, build trust, and foster a deeper understanding of each other’s perspectives. Regular high-level visits, diplomatic exchanges, and people-to-people interactions can help maintain open channels of communication.
Depoliticize Cooperation: Nepal should strive to depoliticize cooperation with India, particularly in critical areas such as water resources management. By prioritizing technical expertise, scientific assessments, and mutual benefits, both countries can work towards sustainable solutions that are not influenced by short-term political considerations.
Economic Integration: Enhancing economic integration is vital for strengthening bilateral relations. Efforts should focus on facilitating trade, investment, and cross-border connectivity. Expanding infrastructure, improving border infrastructure, and streamlining customs procedures can promote seamless economic cooperation and foster shared prosperity.
People-to-People Exchanges: Encouraging cultural and educational exchanges between India and Nepal can promote greater understanding and friendship at the grassroots level. Encouraging tourism, promoting student exchanges, and facilitating cultural events can contribute to stronger people-to-people bonds.
Addressing Perception Issues: India needs to address the perception in Nepal that it is no longer a foreign policy priority. Demonstrating a consistent commitment to bilateral relations, engaging with diverse stakeholders, and providing equal opportunities for cooperation can help overcome this perception and build trust.
Collaboration in Regional Forums: Both countries can collaborate within regional forums such as the South Asian Association for Regional Cooperation (SAARC) and the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC). Active participation in these platforms can foster greater regional cooperation and provide opportunities for addressing common challenges.
Good Governance and Anti-corruption Measures: Nepal should prioritize good governance and anti-corruption measures. Strengthening institutions, promoting transparency, and curbing corruption will not only enhance domestic governance but also inspire confidence in India and other partners for increased cooperation.
Conclusion
Despite the daunting challenges, the recent bilateral visit between the Prime Ministers of Nepal and India highlights the potential for re-energizing their relations through pragmatism and cooperation. By prioritizing development and cooperation, both nations can pave the way for a prosperous future in the sub-region.
From UPSC perspective, the following things are important :
Prelims level: Jal Jeevan Mission
Mains level: Read the attached story
Central Idea
Potable water: The Jal Jeevan Mission aims to provide piped potable water to all of India.
Potential Life-Saving Impact: If successful, the mission could avert nearly 400000 deaths from diarrhoea.
Reduction in Disease Burden: The mission could avoid 14 million DALYs (Disability Adjusted Life Years) related to diarrhoea.
Disability Adjusted Life Years (DALY)
DALY is a metric used to measure the burden of disease on a population.
It combines years of life lost due to premature mortality (YLLs) and years lived with a disability (YLDs) into a single measure.
DALYs provide a comprehensive assessment of the impact of diseases, injuries, and disabilities by quantifying both the years of healthy life lost and the years lived with a disability.
This metric helps policymakers and researchers prioritize health interventions and allocate resources effectively to address the overall disease burden in a population.
About Jal Jeevan Mission
Launch: Government initiative launched in 2019
Goal: Provide access to clean and piped drinking water to every rural household
Focus: Water supply infrastructure development, community participation, water quality monitoring
Objective: Improve health, well-being, and productivity of rural communities, Addressing challenges of water scarcity, contamination, and inadequate infrastructure
Target: Achieve 100% coverage by 2024 for reliable and sustainable water supply
Definition of functional Connection: A fully functional tap water connection means receiving at least 55 litres of potable water per capita per day throughout the year
The key objectives of the Jal Jeevan Mission include:
Universal coverage: Mission aims to achieve tap water connections for all rural households, ensuring access to potable water within premises.
Sustainability: Focus on long-term sustainability through community participation, water resource management, and water conservation practices.
Quality assurance: Prioritizing safe and clean drinking water by implementing water quality monitoring systems and adhering to prescribed standards set by BIS.
Convergence and coordination: Emphasis on collaboration among stakeholders to effectively achieve mission objectives.
Socioeconomic Benefits of the Mission
Economic Savings: The study suggests that the mission could save close to $101 billion.
Time Savings: It could save 66.6 million hours per day that would have been spent collecting water, primarily by women.
Improved Quality of Life: Access to piped water connections would enhance convenience and overall well-being.
Sanitation benefits: Every dollar invested in sanitation interventions yields a $4.3 return in reduced healthcare costs.
Progress status of the scheme
Current Coverage Levels: Around 62% of rural households have piped water connections.
States and UTs at Full Coverage: Five states and three Union Territories have reported 100% coverage.
Progress of states: Himachal Pradesh is at 98.87% coverage, while Bihar is at 96.30% and nearing saturation.
Limitations and Considerations of the Study
Extrapolation of Data: The study extrapolates data and does not compute current levels of coverage.
Contamination Concerns: The study does not account for the degree of contamination in the piped water provided.
Data Sources: The authors used population data from the United Nations, the 2018 National Sample Survey, and water quality data collected by the Jal Jeevan Mission.
Challenges Addressed by the Mission
Water scarcity: Mission aims to tackle the challenge of inadequate water availability in rural areas.
Contamination: Focus on improving water quality and addressing issues of waterborne diseases.
Infrastructure gaps: Efforts to bridge the gap in water supply infrastructure in rural regions.
Way forward
Enhancing Capacity of Local Bodies: Provide support and resources to strengthen the capacity of local governance institutions in effectively managing and governing rural water supply systems.
Promoting Community Participation: Foster active community participation in decision-making processes related to water infrastructure planning, implementation, and maintenance.
Empowering Local Water User Committees: Strengthen the role of local water user committees in monitoring and regulating water supply services, promoting their active involvement in decision-making.
Participatory Planning: Facilitate participatory planning processes, where water user associations actively contribute to the development of water management plans, considering local needs and priorities.
From UPSC perspective, the following things are important :
Prelims level: Fixed dose combination (FDC) Drug
Mains level: Not Much
Central Idea: Exploring the recent ban on 14 fixed dose combination drugs in India and its rationale.
What are FDC Drugs?
Definition: FDC drugs are combinations of active ingredients in a fixed ratio, commonly used in a single pill or syrup.
Benefits offered: FDCs can reduce pill burden, improve adherence to therapy, and lower costs.
Risks associated: Certain combinations can be pharmacologically incompatible, have abuse potential, and contribute to antibiotic resistance.
Issue of Irrational FDCs
Licensed FDCs: FDCs introduced for the first time require prior approval, while many older FDCs were licensed without proper scrutiny.
Lack of safety: Lack of evidence on safety and efficacy led to the categorization of many licensed FDCs as irrational.
Legal challenges: A ban on 344 FDCs in 2016 was stayed by the Delhi High Court, prompting further review and subsequent ban on 329 FDCs in 2018.
Government Action and Expert Review
Referral to Drugs Technical Advisory Board: The Supreme Court entrusted the review of FDC drugs to the government’s expert body.
Ban on 14 Pre-1988 FDCs: An expert committee recommended banning certain FDCs licensed before 1988.
Balancing Prior Approvals and Inquiry: The Supreme Court excluded 15 FDCs licensed prior to 1988 from the ban but allowed for an inquiry.
Implications of the Ban
Impact on Drug Availability: The ban affects approximately 40-50 brands used for cough, fever, pain, and common infections.
Support from Pediatricians: Many pediatricians welcome the ban, citing harmful combinations in FDC drugs.
Call for Additional Scrutiny: Calls to consider banning Nimesulide for single-dose use due to liver risks.
Cautions Regarding Cough Syrups
Conflicting Effects of Ingredients: Experts highlight how ingredients in cough syrups may work against each other, reducing their efficacy.
Limited Evidence on Cough Syrups: Weak evidence suggests cough syrups may not significantly reduce cough duration.
Caution for Cough Suppressants: Prescription-only use is advised, particularly for individuals with underlying lung conditions.
Socioeconomic impact of the Ban
Economic Savings and Improved Quality of Life: The ban may lead to cost savings and enhanced well-being for individuals.
Importance of Safe Drinking Water: Access to clean drinking water is crucial for public health and overall quality of life.
Evidence-Based Decision-Making: Ensuring the safety and effectiveness of medical treatments through research and evaluation.
Addressing Emerging Health Challenges: Continuous monitoring and research are necessary to tackle evolving health risks.
Optimizing Healthcare Practices: Ongoing efforts to improve healthcare systems and practices for better patient outcomes.
Conclusion
The recent ban on 14 fixed dose combination (FDC) drugs in India highlights the government’s commitment to ensuring the safety and efficacy of pharmaceutical products.
