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Uniform Civil Code: Triple Talaq debate, Polygamy issue, etc.

The case for a Uniform Civil Code

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Article 44

Mains level: Uniform Civil Code analysis

Central Idea

  • The constitutional provision for a uniform civil code (UCC) necessitates careful deliberation due to its intricate nature and prevailing misgivings. Regrettably, it is often discussed superficially and without regard for its underlying logic and rationale. Hence, a reality check is imperative to comprehend the true intentions of this constitutional mandate.

Relevance of the topic

The debate around UCC has gained momentum. Discussion over its impact on socioeconomic dynamics of the country is crucial.

Also Recently, The 22nd Law Commission of India has sought fresh suggestions from various stakeholders, including public and religious organisations, on the Uniform Civil Code (UCC).

Background

  • Constitutional Provision: The constitutional provision for a uniform civil code (UCC) is outlined in Article 44 of the Indian Constitution. It falls under Part IV, which comprises the Directive Principles of State Policy. These principles serve as guiding principles for the governance of the country.
  • Directive Principles of State Policy: The Directive Principles of State Policy are not enforceable by the courts but hold significant importance in shaping legislation and government policies. Article 37 of the Constitution states that although these principles are not legally binding, they are fundamental in the governance of the country.
  • Gradual Implementation: Article 44 emphasizes the gradual implementation of a uniform civil code. It directs the State to endeavour to secure a uniform civil code, indicating that the goal is to be pursued over time through suitable amendments to existing laws and the enactment of new ones.
  • Amendments and Enactments: Over the years, several laws of general applicability have been enacted to address specific issues and promote uniformity to some extent. Examples include the Special Marriage Act 1954, Dowry Prohibition Act 1961, Foreign Marriage Act 1969, and laws related to maintenance, domestic violence, child marriage, and the welfare of parents and senior citizens.

How the implementation of UCC will impact the society?

  • Equality and Justice: One of the primary objectives of the UCC is to establish equality and justice in matters of personal laws. By ensuring a uniform set of laws applicable to all citizens, irrespective of their religious affiliations, the UCC can eliminate discrimination based on religion and promote equal rights and opportunities for all individuals.
  • Gender Empowerment: Many personal laws in India exhibit gender biases and inequalities. The UCC aims to address these disparities and promote gender justice. By providing equal rights and protections to individuals of all genders, the UCC can contribute to empowering women and ensuring their social, economic, and legal equality.
  • Social Cohesion: The UCC can foster social cohesion by promoting a sense of unity and commonality among diverse religious communities. By removing the perceived preferential treatment of one religious’ community over another in personal laws, the UCC can bridge religious divides and strengthen social harmony.
  • Simplification and Certainty: The existence of multiple personal laws can lead to legal complexities and confusion. Implementing the UCC streamlines and harmonizes various family laws, providing legal certainty and simplifying legal procedures. This simplification can benefit individuals and families by reducing ambiguity and ensuring consistent application of laws across the country.
  • Modernization and Adaptation: Personal laws in India are often rooted in traditional customs and practices that may no longer align with modern societal values and needs. The UCC provides an opportunity to modernize and adapt family laws to reflect contemporary realities. It allows for the incorporation of progressive principles and practices that are more in line with the aspirations of individuals and families in today’s society.
  • Secularism and National Identity: The UCC aligns with the secular fabric of India, emphasizing equal treatment under the law irrespective of religious beliefs. Its implementation reinforces the secular principles of the Indian Constitution and promotes a sense of national identity that transcends religious divisions.
  • Legal Uniformity: The UCC establishes legal uniformity by bringing all citizens under the same set of laws for personal matters. This can enhance the effectiveness and efficiency of the legal system, as well as facilitate ease of understanding and compliance for individuals and legal professionals.

Existing Flaws in personal laws

  • Gender Inequalities: Many personal laws exhibit gender biases and inequalities. For example, in certain inheritance laws, the rights of women are limited based on their gender, resulting in unequal distribution of property. Similarly, provisions related to marriage, divorce, maintenance, and guardianship often have discriminatory aspects that disadvantage women.
  • Religious Biases: Personal laws are specific to different religious communities and are influenced by religious customs and traditions. While these laws aim to protect the religious rights of individuals, they can also perpetuate biases based on religious identity. This can lead to differential treatment and unequal rights for individuals belonging to different religious communities.
  • Complex and Contradictory Provisions: With multiple personal laws in existence, there is a lack of uniformity and consistency in family law matters. The presence of contradictory provisions across different laws creates confusion and legal complexities. Individuals and families often face challenges in navigating the legal system due to these inconsistencies.
  • Outdated Practices: Some personal laws still incorporate outdated practices and customs that may not align with contemporary societal values and principles of equality. These practices can perpetuate inequality and hinder progress towards a more equitable and inclusive society.
  • Lack of Uniformity: The absence of a uniform civil code results in different personal laws being applicable to individuals based on their religious identity. This lack of uniformity can lead to differential treatment and unequal rights, undermining the principles of equality and justice.
  • Inconsistencies in Adoption Laws: Adoption laws can vary based on religious personal laws. For example, in certain personal laws, a man may require his wife’s consent for adoption, while in others, this requirement may not exist. Such inconsistencies create confusion and challenges in the adoption process.

Misconceptions surrounding UCC

  • Targeting Muslim Law: One common misconception is that the UCC is solely aimed at doing away with Muslim personal law. This perception has created a misbelief that the UCC is intended to undermine or replace Islamic practices. However, the article clarifies that the objective of the UCC is to establish uniformity in family laws across all communities, not just Muslim law.
  • Archaic and Anti-Women Perception: Another misconception is that Muslim personal law is seen as archaic and anti-women. This misperception overlooks the fact that Islamic law, in its authentic form, recognizes the sanctity of family life and provides grounds for divorce based on irretrievable breakdown. The article points out that distortions and misinterpretations have obscured the true essence of Islamic law.
  • Exclusively Hindu Law Acts: Some proponents of the UCC view the four Hindu law Acts of 1955-56 as the ideal model. However, this perception disregards the fact that these Acts initially contained provisions conflicting with constitutional ideals of religious equality and gender justice. Recent amendments have improved the situation, but there is still room for further progress.
  • Neglecting Local Laws: There are misconception that the UCC ignores certain local laws protected by parliamentary legislation or constitutional safeguards. This perception arises from a lack of consideration for the closing words of Article 44, which state that the UCC should be applicable “throughout the territory of India.” It is important to acknowledge and address the diversity of customary and local laws in the process of implementing a uniform code.
  • Lack of Progress: There is a misconception that there has been no progress towards a uniform civil code. However, the article highlights the enactment of several laws of general application, amendments to personal laws, and the ongoing efforts to bring about gradual uniformity in family laws. These advancements demonstrate progress in the direction of a UCC.

Way Forward

  • Inclusive and Consultative Approach: The process of formulating a UCC should involve an inclusive and consultative approach. It is important to engage with a diverse range of stakeholders, including legal experts, social reformers, religious leaders, community representatives, and the public at large. This ensures that multiple perspectives are considered and the concerns of different communities are addressed.
  • Drafting a Comprehensive Code: A representative group of acclaimed social reformers and legal academics should collaborate to draft a comprehensive UCC. This draft should be free from religious discrimination and gender inequality, encompassing the principles of equality, justice, and modern societal values.
  • Addressing Concerns and Misconceptions: There should be efforts to address the concerns and misconceptions surrounding the UCC. Clear communication and public discourse can help dispel misconceptions and create a better understanding of the objectives and benefits of a uniform civil code. Engaging with religious leaders and communities in a respectful manner can also help alleviate apprehensions.
  • Gradual Implementation: Given the complexity of personal laws and the diversity of the Indian society, the implementation of the UCC should be gradual. It should involve phased reforms, allowing for a smooth transition and ensuring that the necessary legal infrastructure and awareness are in place. This approach acknowledges the need for careful consideration and adaptation to specific social and cultural contexts.
  • Legislative Process: The draft of the UCC should be presented to the legislature for discussion, debate, and refinement. The involvement of lawmakers in the legislative process ensures democratic scrutiny and allows for amendments based on the inputs and recommendations of various stakeholders.
  • Sensitization and Awareness: Public awareness campaigns and sensitization programs should be conducted to educate the public about the UCC, its objectives, and its potential benefits. This can help build a consensus and generate support among the masses, promoting a smooth implementation process.
  • Judicial Review: The UCC, once enacted, may face legal challenges. The judiciary’s role is crucial in interpreting and upholding the constitutionality of the UCC. Judicial review ensures that the code is consistent with the fundamental rights enshrined in the Indian Constitution and maintains a fair balance between personal freedom and societal interests.

Conclusion

  • Given the intricacies surrounding the constitutional provision for a uniform civil code, it is crucial to exercise caution and clarity while discussing its aims, objects, and means of implementation. The progress made thus far, as well as the existing flaws in family laws, indicate the need for gradual reforms.

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Social Media: Prospect and Challenges

A case of unchecked power to restrict e-free speech

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Related provisions and important Judgements

Mains level: Channing prospects of freedom of speech and expression

Central idea

  • The recent judgment by the Karnataka High Court dismissing Twitter’s challenge to blocking orders issued by the Ministry of Electronics and Information Technology (MeitY) raises serious concerns about the erosion of free speech and unchecked state power. By imposing an exorbitant cost on Twitter and disregarding established procedural safeguards, the judgment sets a worrisome precedent for content takedowns and hampers the exercise of digital rights.

*Relevance of the topic

The concerns raised in the Karnataka High Court judgment are in contrast to the principles established in the Shreya Singhal case.

Highly relevant with the principles of natural justice and expanded scope of online speech and expression

Concerns raised over the judgement

  • Ignorance of Procedural Safeguards: The court’s interpretation undermines the procedural safeguards established under the Information Technology Act, 2000, and the Blocking Rules of 2009. By disregarding the requirement to provide notice to users and convey reasons for blocking, the judgment enables the state to restrict free speech without proper oversight, leading to potential abuse of power.
  • Unchecked State Power: The judgment grants the state unchecked power in taking down content without following established procedures. This lack of oversight raises concerns about potential misuse and arbitrary blocking of content, which could lead to the suppression of dissenting voices and curtailment of free speech rights.
  • Expansion of Grounds for Restricting Speech: The court’s reliance on combating “fake news” and “misinformation” as grounds for blocking content goes beyond the permissible restrictions on free speech under Article 19(2) of the Constitution. This expansion of grounds for blocking content raises concerns about subjective interpretations and the potential for suppressing diverse viewpoints and dissent.
  • Chilling Effect on Free Speech: The acceptance of wholesale blocking of Twitter accounts without specific justification creates a chilling effect on free speech. This can deter individuals from expressing their opinions openly and engaging in meaningful discussions, ultimately inhibiting democratic discourse and stifling freedom of expression.
  • Deviation from Judicial Precedent: The judgment deviates from the precedent set by the Supreme Court in the Shreya Singhal case, which upheld the constitutionality of Section 69A while emphasizing the importance of procedural safeguards.

Shreya Singhal case for example

  • The Shreya Singhal case is a landmark judgment by the Supreme Court of India that has significant implications for freedom of speech and expression online.
  • In this case, the Supreme Court struck down Section 66A of the Information Technology Act, 2000, as unconstitutional on grounds of violating the right to freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution.
  • The judgment in the Shreya Singhal case is significant in the context of freedom of speech and expression because it reinforces several principles:
  • Overbreadth and Vagueness: The court emphasized that vague and overly broad provisions that can be interpreted subjectively may lead to a chilling effect on free speech. Section 66A, which allowed for the punishment of online speech that caused annoyance, inconvenience, or insult, was considered vague and prone to misuse, leading to the restriction of legitimate expression.
  • Requirement of Procedural Safeguards: The Supreme Court highlighted the importance of procedural safeguards to protect freedom of speech. It stated that any restriction on speech must be based on clear and defined grounds and must be accompanied by adequate procedural safeguards, including the provision of notice to the affected party and the opportunity to be heard.
  • Need for a Direct Nexus to Public Order: The judgment reiterated that restrictions on speech should be based on specific grounds outlined in Article 19(2) of the Constitution. It emphasized that there must be a direct nexus between the speech and the threat to public order, and mere annoyance or inconvenience should not be a ground for restriction.

Its impact on freedom of speech and expression

  • Undermining Freedom of Speech: The judgment undermines freedom of speech and expression by allowing the state to exercise unchecked power in taking down content without following established procedures. This grants the state the ability to curtail speech and expression without proper justification or recourse for affected parties.
  • Prior Restraint: The judgment’s acceptance of wholesale blocking of Twitter accounts, without targeting specific tweets, amounts to prior restraint on freedom of speech. This restricts future speech and expression, contrary to the principles established by the Supreme Court.
  • Lack of Procedural Safeguards: The judgment disregards procedural safeguards established in previous court rulings, such as the requirement for recording a reasoned order and providing notice to affected parties. This lack of procedural safeguards undermines transparency, accountability, and the protection of freedom of speech and expression.
  • Unchecked State Power: Granting the state unfettered power in content takedowns without proper oversight or recourse raises concerns about abuse and arbitrary censorship. It allows the state to remove content without clear justifications, potentially stifling dissenting voices and limiting the diversity of opinions.
  • Restricting Online Discourse: By restricting the ability of users and intermediaries to challenge content takedowns, the judgment curtails the online discourse and hampers the democratic values of open discussion and exchange of ideas on digital platforms.
  • Disproportionate Impact on Digital Rights: The judgment’s disregard for procedural safeguards and expanded grounds for content takedowns disproportionately affect digital rights. It impedes individuals’ ability to freely express themselves online, limiting their participation in public discourse and impacting the vibrancy of the digital space.

Way forward

  • Strengthen Procedural Safeguards: It is essential to reinforce procedural safeguards in the process of blocking content. Clear guidelines should be established, including the provision of notice to affected users and conveying reasons for blocking. This ensures transparency, accountability, and the opportunity for affected parties to challenge the blocking orders.
  • Uphold Judicial Precedents: It is crucial to adhere to established judicial precedents, such as the principles outlined in the Shreya Singhal case. Courts should interpret laws relating to freedom of speech and expression in a manner consistent with constitutional values, protecting individual rights and ensuring a robust and inclusive public discourse.
  • Review and Amend Legislation: There may be a need to review and amend relevant legislation, such as Section 69A of the Information Technology Act, to address the concerns raised by the judgment. The legislation should clearly define the grounds for blocking content and ensure that restrictions are based on constitutionally permissible grounds, protecting freedom of speech while addressing legitimate concerns.
  • Promote Digital Literacy: Enhancing digital literacy among citizens can empower individuals to navigate online platforms responsibly, critically evaluate information, and exercise their freedom of speech effectively. Educational initiatives can focus on teaching digital literacy skills, media literacy, and responsible online behavior.
  • Encourage Public Discourse and Open Dialogue: It is important to foster an environment that encourages open discourse and dialogue on matters of public interest. Platforms for discussion and debate should be facilitated, providing individuals with opportunities to express their opinions, share diverse perspectives, and engage in constructive conversations.
  • International Collaboration: Collaboration with international stakeholders and organizations can contribute to promoting and protecting freedom of speech and expression in the digital realm. Sharing best practices, lessons learned, and cooperating on global norms and standards can strengthen the protection of these rights across borders

Conclusion

  • The Karnataka High Court’s judgment undermines procedural safeguards, erodes the principles of natural justice, and grants unchecked power to the state in removing content it deems unfavorable. This ruling, coupled with the recently amended IT Rules on fact-checking, endangers free speech and digital rights. It is crucial to protect and uphold the right to free speech while ensuring that restrictions are justified within the confines of the Constitution

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Economic Indicators and Various Reports On It- GDP, FD, EODB, WIR etc

What the Indian economy needs to complete with China

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Various Economic indicators

Mains level: India's economic position compared to China and the Lessons learned from China

Central Idea

  • The Indian economy has reached a milestone, surpassing $3.5 trillion in size, reminiscent of China’s position in 2007. While India shows similarities with China, such as comparable per capita income, the two countries diverge significantly in their growth drivers. This divergence has implications for India’s growth trajectory and its ability to achieve upper middle-income status.

Relevance of the topic

India lags behind China on multiple fronts such as investment ratios, export performance, labor force participation, and manufacturing employment. For instance, Female Labor Force Participation of China is 61% (2022) whereas in India it stands at 24% (2022).

The stark disparities provide valuable insights to analyze and propose strategies for India’s future development in areas like investment promotion, export competitiveness, and inclusive growth.

India’s positive growth

  • Economic Size: The Indian economy has recently crossed $3.5 trillion in size, according to Moody’s. This indicates a significant expansion of the economy and reflects positive growth.
  • Per Capita Income: India’s per capita income is projected to rise from $2,379 in 2022 to $2,601 in 2023, as estimated by the International Monetary Fund (IMF). This upward trend indicates an improvement in individual income levels and suggests positive growth in the economy.
  • Exports: India’s exports of goods and services exceeded $770 billion in 2022-23. This demonstrates the country’s ability to compete in the global market and generate revenue through international trade.
  • Investment Momentum: While India’s investment ratio has been lower than China’s, there are signs of activity picking up in certain sectors after a slowdown induced by the twin balance sheet problem. This indicates positive momentum in investment and the potential for future growth.
  • Services Sector: India has witnessed a growth in the services sector, particularly in areas such as IT and business process outsourcing (BPO). The expansion of the services sector contributes to economic growth and job creation.
  • Increase in Formal Manufacturing: India aims to boost formal manufacturing, which has higher productivity compared to other sectors. The focus on manufacturing can lead to increased employment opportunities and overall economic growth.
  • Rise in Female Labor Force Participation: Although India’s female labor force participation rate remains lower than China’s, there have been efforts to increase women’s participation in the workforce. This can contribute to enhanced productivity, economic empowerment, and overall growth

Comparison: India’s economic position with China

Aspect China (2007) India (2023)
GDP Size Comparable to India $3.5 trillion
Per Capita Income $2,694 $2,601 (estimated)
Investment-to-GDP Ratio Average 40% Average around 33%
Exports $1.2 trillion (goods) $770 billion (goods and services)
Tariff Rate 10.69% (2003) to 5.32% (2020) 25.63% (2003) to 8.88% (2017)
Labor Force Participation Rate Almost 73% Estimated around 50% (2022)
Female Labor Force Participation 66% (2007) to 61% (2022) 30% (2007) to 24% (2022)
Passenger Car Sales 6.3 million 3.8 million
Manufacturing Productivity Twice as productive as transport Less productive than industry and construction

The disparities between India and China

  • Investment Ratio: China’s investment-to-GDP ratio averaged 40% between 2003 and 2011, while India’s investment ratio during the same period averaged around 33%. This indicates that China had a higher level of investment, which contributed to its rapid economic growth.
  • Export Performance: In 2022-23, India’s exports of goods and services surpassed $770 billion, while China’s exports had already crossed $1.2 trillion in 2007. China’s deeper integration with the global economy and higher export volumes indicate a more robust export-driven growth model compared to India.
  • Tariff Rates: China experienced a decline in tariff rates, with the simple mean falling from 10.69% in 2003 to 5.32% in 2020. In contrast, India’s tariff rate decreased from 25.63% in 2003 to 8.88% in 2017 but has risen thereafter. China’s lower tariff rates have facilitated its emergence as a global supply chain hub.
  • Labor Force Participation: China had a considerably higher labor force participation rate, with almost 73% in 2007, while India’s rate stood at around 50% in 2022. The disparity, primarily driven by female labor force participation, impacts spending capacity and economic growth potential.
  • Sectoral Employment: Both countries have similar sectoral distribution, but China experienced a faster decline in agricultural employment compared to India. India’s challenge lies in finding alternative employment opportunities for its declining agricultural workforce, with the construction and service sectors historically providing more jobs than formal manufacturing.

Implications of these disparities for future development of India

  • Growth Trajectory: The disparities in investment ratios indicate that India may face challenges in achieving rapid economic growth and reaching its developmental goals without increasing investment levels.
  • Export Competitiveness: The disparities in export performance suggest that India needs to enhance its global competitiveness to expand its export base and capitalize on international trade opportunities.
  • Job Creation: The disparities in labor force participation rates, particularly the low female participation rate, have implications for employment generation and inclusive growth in India.
  • Sectoral Shift: The slower decline in agricultural employment compared to other sectors raises concerns about the need for alternative employment opportunities for the declining agricultural workforce
  • Investment Climate: The disparities in investment ratios underscore the importance of creating a favourable investment climate in India to attract domestic and foreign investments necessary for sustained economic growth.

Lessons learned from China

  • Emphasis on Investment: China’s high investment-to-GDP ratio played a crucial role in its rapid economic growth. India can benefit from prioritizing investments in infrastructure, industries, and human capital development to drive economic expansion and productivity.
  • Export-Led Growth: China’s success in becoming a global manufacturing and exporting powerhouse highlights the importance of export-led growth. India can focus on enhancing its export competitiveness, diversifying export markets, and promoting value-added exports to boost economic growth and job creation.
  • Trade Liberalization: China’s gradual reduction of tariffs and its efforts to integrate into global supply chains helped it become a major player in international trade. India can learn from this and work towards reducing trade barriers, improving trade infrastructure, and actively participating in regional and global trade agreements to enhance its integration into the global economy.
  • Manufacturing Development: China’s strategic focus on developing its manufacturing sector contributed significantly to its economic growth and job creation. India can prioritize the growth of formal manufacturing, foster a business-friendly environment, and provide targeted support to enhance manufacturing capabilities and competitiveness.
  • Infrastructure Development: China’s investments in infrastructure, such as transportation networks, energy systems, and telecommunications, played a vital role in supporting its economic growth. India can invest in modernizing and expanding its infrastructure to create a solid foundation for economic development and attract further investments.
  • Human Capital Development: China’s emphasis on education, skills training, and research and development (R&D) has contributed to its technological advancement and innovation capabilities. India can focus on improving the quality of education, enhancing vocational training programs, and promoting research and development to nurture a skilled workforce and foster innovation.
  • Long-Term Planning: China’s long-term development plans, such as its Five-Year Plans, provided a roadmap for sustained economic growth and policy continuity. India can develop comprehensive and strategic plans that align with its development goals and ensure consistent implementation of economic policies.
  • Infrastructure for Special Economic Zones (SEZs): China’s establishment of SEZs played a pivotal role in attracting foreign direct investment and promoting export-oriented manufacturing. India can learn from this model and develop specialized zones with the necessary infrastructure, incentives, and supportive policies to attract investments and promote targeted sectors.

Conclusion

  • In the coming years, India’s growth may continue at a moderate pace, even if low- and semi-skilled job creation in manufacturing falls short. However, achieving the explosive growth witnessed by China between 2007 and 2021 would require increased investment activity, a resurgence in exports (particularly goods), a rise in female labor force participation, and greater employment opportunities in formal manufacturing. India must strive to replicate the success story of its neighbor if it aims to achieve rapid economic advancement.

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Wildlife Conservation Efforts

Diversity for Restoration (D4R) Tool

Note4Students

From UPSC perspective, the following things are important :

Prelims level: D4R Tool

Mains level: NA

Central Idea

  • The Diversity for Restoration (D4R) tool, has been modified to adapt to the Indian context by researchers from Ashoka Trust for Research in Ecology and the Environment (ATREE).
  • The tool aims to support restoration programs in India by improving decision-making and promoting sustainable development.

What is D4R tool?

  • The Diversity for Restoration (D4R) tool is a tool developed by Bioversity International.
  • It is designed to assist in promoting effective agroforestry and ecosystem restoration.
  • The tool aims to improve decision-making in restoration programs by providing information on tree species selection and their ecological benefits.

Key features and functions of the D4R

  • Species Identification: Helping users identify tree species that align with their restoration objectives.
  • Geographic Suitability: Assisting in determining which plant species are best suited for specific geographic locations.
  • Resilience and Adaptation: Identifying species that can withstand local stresses and adapt to changing environmental conditions.
  • Seed Procurement: Providing information on areas and regions to obtain seeds for the required species.
  • Plant Functional Traits: Incorporating information on economic and ecological uses of tree species to guide selection.
  • Habitat Suitability Modeling: Predicting suitable habitats for specific tree species based on present and future climate scenarios.
  • Comprehensive Information: Providing details on commercial benefits, physiological resilience, windbreaking capabilities, nitrogen-fixing, and pollinator support of tree species.

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Parliament – Sessions, Procedures, Motions, Committees etc

PRISM: 24-hr hotline for MPs Research

Note4Students

From UPSC perspective, the following things are important :

Prelims level: PRISM Hotline

Mains level: NA

Central Idea

  • Lok Sabha Speaker has established ‘PRISM’ a 24-hour research reference telephone hotline for Members of Parliament (MPs) to provide assistance with policy issues.

What is PRISM?

  • The Parliamentary Research and Information Support for Members of Parliament (PRISM) offers round-the-clock services, including weekends during Parliament Sessions.
  • It aims to support first-term MPs and those without extensive secretarial teams who may find it daunting to speak in Parliament on policy matters.
  • A team of 30-32 officers serves on the hotline on a rotational basis to provide research and reference support.

Usage and Enquiries

  • Between 2019 and 2023, 87% of MPs have utilized either online or offline reference services, which are also shared through WhatsApp and email.
  • Enquiries mainly focused on bills such as the Juvenile Justice Bill, Wildlife Protection Bill, and short-duration discussions on topics like climate change, drug abuse, and price rise.

Need for PRISM

  • First-term MPs often face challenges when asked to speak on bills without extensive research support.
  • The hotline and reference services have proven invaluable in assisting MPs, allowing them to contribute effectively to debates and discussions.
  • The initiative has particularly aided MPs who may not be proficient in English or Hindi, enabling them to raise pertinent issues in Parliament.

Significance

  • Parliament can be a fragmented environment, with various cliques and clubs forming over the years.
  • Backbenchers, in particular, often spend much time in obscurity.
  • The research and reference services provided by PRISM can make these years on the backbench more productive by facilitating informed participation in policy debates.

 

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Water Management – Institutional Reforms, Conservation Efforts, etc.

Har Ghar Jal Initiative to miss 2024 target

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Har Ghar Jal Initiative

Mains level: NA

har ghar jal

Central Idea

  • The Har Ghar Jal initiative, part of the Jal Jeevan Mission, aims to provide potable water connections to all rural households in India by 2024.
  • However, multiple sources and data analysis indicate that the initiative is likely to fall short of its target, with only 75% of village homes expected to have drinking water taps by April 2024.

Har Ghar Jal Initiative: A quick recap

  • Har Ghar Jal (translation: Water to Every Household) is a scheme initiated by the Ministry of Jal Shakti under Jal Jeevan Mission in 2019.
  • It aimed to provide tap water to every rural household by 2024.
  • Finance Minister announced the scheme in 2019 Union budget.
  • In August 2022, Goa and Dadra and Nagar Haveli and Daman and Diu became the first ‘Har Ghar Jal’ certified State and UT respectively with 100% tap-water access.
  • As of January 2023, other states and UTs Gujarat, Puducherry and Telangana have also achieved 100% tap-water access.
  • Since its inception, the scheme has significantly improved household clean tap water availability in India.

Challenges Faced by the Initiative

  • Delayed Progress: The COVID-19 pandemic and a lack of qualified manpower in states have contributed to the delayed implementation of the scheme.
  • Shortages of Essential Materials: The ongoing Russia-Ukraine war resulted in major shortages of steel and cement, crucial for manufacturing and connecting metal pipes, leading to delays and price revisions.
  • Manpower Shortage: Some states faced challenges in finding skilled workers to construct tanks, cisterns, and water connections of acceptable quality.
  • State-Specific Issues: Certain states, such as Rajasthan, face challenges in ensuring the availability of water, while West Bengal and Kerala struggle with water contamination issues.
  • Certification Gap: While the states report high coverage figures, there is a significant gap between reported and verified connections.

Expectations and Progress

  • Revised Expectations: The officials now expect about 75% of households to be covered by March 2024 and 80% by December 2024.
  • Work Yet to Begin: Around one crore households (5% of the total) have not even begun work under the scheme.
  • Timeframe Challenges: Connecting all households in villages that already have access to water sources takes an average of eight months, making it unlikely to finish in some places before 2025-26.

Political Factors and Connection Status

  • Political Angle: Some states, like Bihar and Telangana, did not rely on central funds and did not certify their connection status due to political considerations.
  • Significance of Certification: “Har Ghar Jal” villages certified as 100% compliant prominently display the images of the Prime Minister and Chief Minister, especially if Central funds were used.

 

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Modern Indian History-Events and Personalities

Hul Diwas: Remembering the Santhal Rebellion

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Hul Diwas, Santhal Revolt

Mains level: NA

hul divas santhal

Central Idea

  • Prime Minister commemorated Hul Diwas, honoring the sacrifice of Santhals in their fight against British colonial authorities.

What is Hul Divas?

  • The Santhal rebellion, known as the ‘Hul,’ was an organized war against colonialism led by the Santhals, who stood against various forms of oppression inflicted upon them by the British.
  • This article explores the significance of the Santhal rebellion, their identity, the reasons behind the Hul, its organization, and its lasting impact.

Santhals and their Migration

  • The Santhal people, or Santhalis, migrated from the Birbhum and Manbhum regions of Bengal to modern-day Santhal Pargana.
  • The British relocated the Santhals to the forested area of Damin-i-Koh, dislodging the indigenous Pahariya community, as part of their revenue collection strategy.
  • However, the Santhals faced severe colonial oppression, including exploitative moneylenders and the police.

Reasons behind the Hul

  • The Santhals rebelled against the British due to extortions, oppressive extractions, dispossession of property, false measurements, and other illegalities.
  • Tribal councils and meetings discussed the possibility of rebellion, leading to a massive assembly of over 6,000 Santhals on June 30, 1855, marking the beginning of the rebellion.
  • Led by Sidhu and Kanhu, the Santhals rose against the British, attacking symbols of colonial rule and executing moneylenders and zamindars.

Organization of the Hul

  • Contrary to popular belief, the Hul was a well-planned and organized political war.
  • Evidence from documents and historical accounts reveals preparations such as guerrilla formations, military teams, detectives, secret bases, logistics, and a network of message carriers for coordination.
  • Non-Adivasi Hindu castes also participated in the rebellion, highlighting the diverse nature of the movement.

Lesser-Known Facts about the Hul

  • The rebellion saw participation from 32 communities, both tribals and non-tribals, challenging the notion that it was solely a Santhal rebellion.
  • Phulo-Jhano, two sisters, led an army of 1,000 women, playing crucial roles in providing food supply, gathering information, and attacking British camps.
  • The East India Company’s army was defeated twice during the rebellion, debunking the belief that they were invincible.

British Narratives and Accounts

  • British reports and personal narratives provide insights into the causes of the Santhal rebellion, including excessive taxation, falsehood, and negligence of British officials, extortion by moneylenders, corruption, and oppression.
  • The sufferings inflicted by moneylenders or ‘mahajans’ on the Santhals were a primary cause of the uprising.

Accounts from Prisoners and Divine Intervention

  • Similar to other tribal uprisings, accounts exist of deities appearing in dreams or before the rebels.
  • Judicial proceedings of captured Santhals revealed instances where deities instructed rebellion leaders to fight against the British and oppressors.

Lasting Impact of the Hul

  • The Santhal rebellion did not end with its suppression in 1855; it continued to inspire future uprisings, such as the Santhal involvement in the 1857 mutiny.
  • The Hul rebellion symbolized resistance against British colonialism and laid the foundation for subsequent movements in Jharkhand.

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New Species of Plants and Animals Discovered

India adds 664 animal species to its faunal database in 2022

Note4Students

From UPSC perspective, the following things are important :

Prelims level: New Species and New Records 2023

Mains level: Not Much

specie

Central Idea

  • India’s faunal database expands with the addition of 664 animal species in 2022.
  • The database also includes 339 new plant taxa, comprising new species and distributional records.

Report- New Species and New Records 2023

  • The faunal discoveries have been compiled in a publication by the Zoological Survey of India (ZSI) titled “Animal Discoveries – New Species and New Records 2023.”

[A] Faunal Discoveries

  • Major discoveries include new species and records of mammals, birds, reptiles, amphibians, and fish.
  1. Mammals: Three new species and one new record, including two species of bats from Meghalaya.
  2. Birds: Two new records, such as the yellow-rumped flycatcher in the Andaman archipelago.
  3. Reptiles: Thirty new species and two new records.
  4. Amphibians: Six new species and one new record.
  5. Fish: Twenty-eight new species and eight new records.
  • Invertebrates constitute the majority of new faunal discoveries, with insects comprising 384 species.
  • Vertebrates account for 81 species, with fish being the most dominant group.

Notable species

  • Sela macaque (Macaca selai): A new macaque species discovered in Arunachal Pradesh.
  • Macaca leucogenys: A white-cheeked macaque sighted in India for the first time.
  • Glischropus meghalayanus: A bamboo-dwelling bat species from Meghalaya.
  • Ficedula zanthopygia: The yellow-rumped flycatcher recorded in the Andaman archipelago.

Distribution of New Faunal Discoveries

The fauna diversity of the country increased to 1,03,922 species.

  • Kerala: Recorded the maximum number of new species, accounting for 14.6% of all new discoveries.
  • Karnataka: Followed with 13.2% of new species and records.
  • Tamil Nadu: Contributed 12.6% of all new discoveries and records.
  • Andaman and Nicobar Islands: Accounted for about 8.4% of the discoveries.
  • West Bengal: Represented 7.6% of the new discoveries.
  • Arunachal Pradesh: Contributes 5.7% of the new discoveries.

 [B] Floral Discoveries

  • The Botanical Survey of India (BSI) published “Plant Discoveries 2022,” which includes 339 new plant taxa.
  • These discoveries consist of new species and distributional records.
  • The discoveries encompass seed plants, fungi, lichen, algae, bryophytes, microbes, and pteridophytes.
  • Seed plants comprise the majority, with dicotyledons contributing 73% and monocotyledons 27%.
  • Western Himalayas and Western Ghats are prominent regions for plant discoveries.
  • Kerala recorded the highest number of plant discoveries (57), accounting for 16.8% of all discoveries.
  • The plant discoveries include wild relatives of potential horticultural, agricultural, medicinal, and ornamental plants.

Notable Floral Discoveries

  • Nandadevia Pusalkar: A genus common in the Uttarakhand Himalayas.
  • Nilgiriella Pusalkar: An endemic genus found in the southern Western Ghats.
  • Calanthe lamellosa: An orchid species recorded for the first time in India, found in Nagaland.

Conclusion

  • By compiling these new discoveries and records, India continues to expand its knowledge of its faunal and floral diversity, emphasizing the importance of conservation efforts.

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Electoral Reforms In India

Criminalization of Politics: Why ADR has approached the ECI?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NA

Mains level: Criminalization of Politicians

Central Idea

  • The Association for Democratic Reforms (ADR), an electoral watchdog, has written to the Election Commission seeking action against political parties that fail to disclose details of candidates’ criminal cases as mandated by the Supreme Court.
  • The ADR highlights the non-compliance of parties in publishing such information and urges strict action to be taken against defaulting parties.

About ADR

Concerns raised by ADR

  • Alarming Statistics: It revealed 43% of newly-elected MPs in 2019 had pending criminal cases.
  • Non-Compliance: ADR reveals political parties flouting Supreme Court’s orders and ECI’s directions.
  • Shortcomings in Forms: ADR identifies shortcomings in the prescribed forms (C2 and C7) used by parties.
  • Inaccessible Information: Many parties lack functional websites or fail to provide accessible links.
  • Improper Justifications: Parties cite “winnability” and popularity as reasons for selecting candidates with criminal records, contrary to the Supreme Court’s ruling.

Supreme Court’s Mandate (2018)

  • Disclosure Directive: Supreme Court has mandated parties to disclose candidates’ criminal cases on their websites.
  • Prescribed Format: Election Commission of India (ECI) specifies the format for publishing this information.
  • Bold Publication: Supreme Court ordered parties to publish criminal case details prominently.
  • Candidate Obligation: Candidates with pending cases must inform the party about their criminal antecedents.
  • Multiple Publications: Parties and candidates must publish the information multiple times after filing nominations.

ADR’s Action and Demands

  • Adherence Supreme Court’s Directive: ADR directed to pursue remedies with the ECI.
  • Demanding Strict Action: ADR urges the ECI to take strict action against defaulting parties, including possible de-registration.
  • Transparency and Accountability: ADR calls for the publication of a list of defaulting parties and the imposition of fines.

Conclusion

  • Urgent Action Needed: ADR’s letter emphasizes the need for action against parties failing to disclose candidates’ criminal cases as mandated by the Supreme Court.
  • Upholding Transparency: Strict enforcement of these orders is essential to maintain transparency and prevent the criminalization of politics.

 

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Pharma Sector – Drug Pricing, NPPA, FDC, Generics, etc.

Why are Indian Drugmakers under scrutiny?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NA

Mains level: Drug standards control in India

Central Idea

  • The Indian pharmaceutical industry has faced international scrutiny for exporting allegedly contaminated drugs, leading to adverse health outcomes and deaths in several countries.
  • Instances of sub-standard drugs, including cough syrups and anaesthetic medications, have raised concerns about the quality and safety of Indian pharmaceutical products.

Lack of Regulatory Action

  • Probing Contamination: Despite reports of deaths and adverse reactions linked to contaminated drugs, the Ministry of Health and Family Welfare has not provided information on the investigations launched.
  • Regulatory Responsibility: The Central Drugs Standard Control Organisation (CDSCO) is responsible for licensing and prosecuting pharma companies, while State governments handle regulatory enforcement.

Loss of Confidence and Independent Assessments

  • Loss of Confidence: Countries like Gambia, Nigeria, Sri Lanka, and Cameroon have raised red flags on drugs manufactured in India due to safety concerns and sub-standard quality.
  • Independent Assessments: Some countries, such as Mozambique, have established independent systems to check drug samples before export, highlighting the need for rigorous inspections.

Punishment and Prosecution

  • Inadequate Punitive Measures: Merely suspending or cancelling manufacturing licenses is deemed insufficient to deter pharmaceutical companies from non-compliance.
  • Legal Provisions: The Drugs and Cosmetics Act allows for imprisonment for life for manufacturers violating good manufacturing practices, but prosecutions are often delayed and convictions are rare.

Challenges in Drug Regulation

  • Shortage of Drug Inspectors: The CDSCO faces a shortage of drug inspectors, hindering effective oversight and inspections.
  • Administrative Errors: Errors committed by drug inspectors, such as incomplete testing processes and improper documentation, contribute to poor conviction rates.

Conclusion

  • To restore its reputation and ensure the safety of pharmaceutical products, India needs to strengthen its regulatory framework and inspection processes.
  • Robust inspections, timely reporting of non-compliance, and effective prosecution of offenders are necessary to address the concerns regarding contaminated drugs.
  • Adequate allocation of resources and addressing the shortage of drug inspectors will play a crucial role in enhancing the effectiveness of drug regulation in India.

Also read:

[Sansad TV] Perspective: Common Drugs Standards

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Citizenship and Related Issues

Census unlikely before 2024 Lok Sabha polls

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Census of India

Mains level: Evidence-based decision making

census

Central Idea

  • Deadline extension: The deadline to freeze administrative boundaries for the Census in India has been extended till December 31, ruling out the possibility of conducting the Census before the 2024 General Elections.

What is Census of India?

  • The Census of India is a large-scale population survey conducted by the Government of India.
  • It aims to gather detailed information about the population, demographics, and socio-economic characteristics of the country.

Historical Background

  • Inaugural Census: The first complete Census of India was conducted in 1881 during British rule.
  • Institutional Framework: Since 1949, the Registrar General and Census Commissioner of India, under the Ministry of Home Affairs, have been responsible for conducting the Census.
  • Legal Framework: The Census of India Act, 1948 provides the legal basis for conducting the census.

Extension of Deadline and Administrative Changes

  • Order by Registrar General: The office of the Registrar General of India issued an order extending the date of freezing boundaries for the Census to January 1, 2024.
  • Instructing State governments: The Directorate of Census Operations has been instructed to inform State governments to make any necessary administrative changes by December 31 and notify the Census office of the jurisdictional changes.

Reasons for Delay

  • Training time: After the boundaries are frozen, at least three months are required to train enumerators for the Census.
  • Timing constraint: The exercise cannot begin before April 2024 due to simultaneous General Elections, as the same workforce will be deployed for election duties.
  • Transition to digital: The coming Census will be the first digital Census, allowing citizens to self-enumerate.

Phases of Census and Population Projections

  • Two-phase process: The Census is carried out in two phases: the Houselisting and Housing Census and the Population Enumeration phase, which typically takes around 11 months.
  • National Population Register (NPR): The NPR is updated with the first phase of the Census.
  • Population projections: Based on Census 2011 data, population projections indicate an expected increase from 121.1 crore to 151.8 crore during 2011-2036, with a density increase from 368 to 462 persons per square kilometer.

Purpose and Importance of the Census

  • Data for planning and policymaking: The Census provides information for central and state governments to plan and formulate policies.
  • National identity and future planning: It helps identify the nation’s demographic composition and guides future development and resource allocation.
  • Funding distribution: Census data assists in determining how funds and assistance are distributed to states and localities.
  • Wide-ranging applications: The data is used by various national and international agencies, scholars, businesses, and policymakers.

Significance and Impact of the Census

  • Governance and statistics: The Census is a vital source of statistics for governance and serves as a foundation for official statistics.
  • Detailed demographic insights: It provides data on demography, economic activity, literacy, housing, migration, and other socio-cultural factors.
  • Delimitation of constituencies: The Census data is used for delimitation and reservation of parliamentary, assembly, and local body constituencies.
  • Policy formulation and administration: The Census helps review progress, monitor government schemes, and plan for the future.
  • Welfare schemes and beneficiaries: It identifies actual beneficiaries, supports identity creation, and ensures inter-temporal comparability.

Impact of Delay in Census 2021

  • Discrepancies in PDS identification: Delayed census data affects the identification of beneficiaries under the public distribution system, depriving people of subsidised food entitlements.
  • Poor targeting of welfare schemes: The delay hampers policy planning, budgeting, and administration of schemes that rely on accurate demographic data.
  • Inadequate migration data: Outdated census data fails to capture accurate migration patterns and impacts policy and planning in various sectors.

Reasons for Delay

  • Administrative boundaries: Census can only be conducted after freezing the boundaries of administrative units, which takes time.
  • COVID-19 pandemic: The pandemic is officially cited as the reason for the delay, although restrictions have been lifted.
  • CAA and NRC issues: The plan to use the census for the National Register of Citizens (NRC) and Citizenship Amendment Act (CAA) has further delayed the process.
  • Lack of political will: The government’s lack of urgency and clarification on the census timeline contribute to the delay.

Way Forward

  • Complete pre-census work: Expedite house-listing and other necessary activities.
  • Digital census and self-enumeration: Utilize mobile apps and self-enumeration to streamline data collection and processing.
  • Ensure data quality: Address concerns regarding data quality and completeness of coverage during self-enumeration.

Conclusion

  • The delay in conducting the Census poses challenges for accurate population data and planning in India.
  • The next Census, to be conducted after the 2024 General Elections, will mark a significant milestone as the first digital Census, providing citizens the opportunity to self-enumerate.

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LGBT Rights – Transgender Bill, Sec. 377, etc.

Tracing history of Pride and LGBTQ Rights in India

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Article 377

Mains level: LGBTQI Rights

lgbt

Central Idea

  • The context of the article revolves around the celebration of Pride Month and the ongoing struggle for LGBTQ rights globally.
  • It begins by highlighting the duality of Pride Month, which is celebrated as a recognition of progress made in LGBTQ rights while also serving as a protest against the persisting discrimination and challenges faced by the community.

History of the LGBTQ Movement: Stonewall Riots

  • Historical Significance: The Stonewall Riots, which took place in 1969, are widely regarded as a pivotal moment in the LGBTQ rights movement, igniting a wave of activism and mobilization.
  • Illegal Homosexuality: In the 1960s, engaging in homosexual activity was illegal in major American cities, leading to the creation of underground gay bars and secret gathering places.
  • Stonewall Inn: The Stonewall Inn, located in Greenwich Village, New York City, became a popular gathering spot for the LGBTQ community due to its acceptance and tolerance.
  • Police Raids and Resistance: The frequent police raids on gay bars, including the Stonewall Inn, prompted the LGBTQ patrons to resist, resulting in the spontaneous uprising known as the Stonewall Riots.
  • Turning Point: The Stonewall Riots marked a turning point in LGBTQ activism, as they galvanized the community to demand equal rights, visibility, and an end to discrimination.

Early LGBTQ Rights Initiatives

  • Pioneering Organizations: Organizations like the Society of Human Rights (1924), the Mattachine Society (1950), and the Daughters of Bilitis (1955) were among the earliest advocates for LGBTQ rights in the United States.
  • Anti-Homosexual Policies: During World War II and the McCarthy era, anti-homosexual policies in the military and society prompted the emergence of LGBTQ advocacy groups.
  • Activism: Frank Kameny, an astronomer fired for being gay, became a prominent activist and founded the Mattachine Society of Washington, D.C., advocating for LGBTQ rights and challenging discriminatory policies.
  • Protests in US: In 1969, a year after the Stonewall Riots, the first pride march was organized in New York City, marking a significant milestone in the LGBTQ rights movement.

Pride Celebrations Worldwide

  • Pride Month Origins: Pride Month is celebrated in June to commemorate the Stonewall Riots and honor the LGBTQ community’s resilience, history, and the ongoing struggle for equal rights.
  • LGBTQ History Month: LGBTQ History Month takes place in October and aims to educate and raise awareness about LGBTQ history, achievements, and challenges.
  • Pride Parades: Pride parades, often held during Pride Month, are colourful and joyous celebrations that allow LGBTQ individuals and allies to openly express their identities and demand equality.
  • Global Pride Days: Various countries celebrate their own Pride-equivalent days, such as Christopher Street Day in Germany, to promote LGBTQ rights and visibility.

LGBTQ History in India

  • India’s First Protests: The AIDS Bhedbhav Virodhi Andolan (ABVA) organized India’s first-ever protests for gay rights on August 11, 1992, in Delhi, following the arrest of men suspected of homosexuality.
  • Fight Against Section 377: LGBTQ activists and organizations in India have long fought against Section 377 of the Indian Penal Code, a law that criminalized consensual same-sex relations until it was struck down in 2018.
  • Decriminalization and Progress: The decriminalization of homosexuality in India in 2018 marked a significant milestone in LGBTQ rights, paving the way for increased visibility, acceptance, and advocacy.

Post-Section 377 Judgement

  • Struggles for Marriage Recognition: Post the decriminalization of homosexuality, efforts have been made to seek legal recognition of same-sex marriages in India, with couples filing writ petitions and pushing for equal rights.
  • Supreme Court’s Stance: The Supreme Court of India has been involved in various cases related to LGBTQ rights and is instrumental in shaping the legal landscape for the community.
  • Legislative Attempts: Several legislative attempts have been made to further protect and promote LGBTQ rights, including bills advocating for same-sex marriage and policies to safeguard the rights of the LGBTQIA community.
  • Progress on Conversion Therapy: India has taken steps to address the harmful practice of conversion therapy, with the National Medical Commission banning it and classifying it as “professional misconduct.”

Global LGBTQ Rights

  • Varying Legal Status: LGBTQ rights vary across the globe, with some countries fully embracing equality and protecting LGBTQ rights, while others maintain discriminatory laws and practices.
  • Same-Sex Marriage: A growing number of countries have legalized same-sex marriage or recognized civil unions, granting LGBTQ couples the right to marry and access legal protections.
  • Anti-LGBTQ Laws: Unfortunately, many nations still have laws that criminalize homosexuality, and in some cases, impose severe penalties, including imprisonment or even the death penalty.

Continuing the Fight for LGBTQ Rights

  • Global Advocacy: The fight for LGBTQ rights remains a global issue, necessitating ongoing advocacy, awareness, and support to achieve full equality.
  • Achievements and Setbacks: Acknowledging the progress made in LGBTQ rights while recognizing the setbacks and challenges that still persist.
  • Importance of Advocacy: Emphasizing the crucial role of continued advocacy in ensuring the protection and advancement of LGBTQ rights worldwide.

 

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