From UPSC perspective, the following things are important :
Mains level: Need legal clarity of Patient Rights;
Why in the News?
The Supreme Court of India denied permission to the parents of Harish Rana, a 32-year-old man in a vegetative state for 11 years, to remove his Ryles tube which is a device used for feeding.
A Ryles tube, also known as a nasogastric (NG) tube, is a medical device used for various purposes related to nutrition and gastric management. It is inserted through the nose, passing through the nasal cavity, down the esophagus, and into the stomach.
Recent Supreme Court Judgment:
The Bench headed by CJI D.Y. Chandrachud observed that the Ryles tube is not a life support system and therefore could not be withdrawn.
This decision has stirred legal and ethical debates, as the Supreme Court’s 2018 judgment permits the withdrawal of life support in terminal cases under the concept of “passive euthanasia.”
Passive euthanasia involves the withdrawal of medical treatment with the intention of hastening the death of a terminally ill patient.
The Supreme Court initially legalized this practice in 2018, allowing patients to create a “living will” to refuse life-sustaining treatment when they are unable to communicate their wishes.
Ethical Challenges:
Question of whether the decision benefits the patient: The judgment raises concerns about whether the decision benefits the patient, as prolonging life in such a condition may increase suffering.
Prolonged suffering: The principle of not causing harm is challenged since keeping the patient in a vegetative state with artificial feeding may lead to prolonged suffering for both the patient and their caregivers.
Against Right to Life and Death: The patient’s rights to a dignified life and death may be compromised which is addressed in various judgments like Common Cause v. Union of India (2018). This judgment recognised the right to die with dignity as part of the right to life under Article 21.
Autonomy: The patient’s right to choose, which is central to the concept of dignity, has been overlooked. The judgment did not consider the wishes of the patient or their family in determining the course of action.
Need for Legal Clarity:
Distinguishing Euthanasia from Withdrawal of Life Support: There is a pressing need to legally clarify the difference between euthanasia and the withdrawal of futile life-sustaining interventions.
Involvement of Medical and Ethical Experts: The decision-making process in such sensitive cases should involve palliative care physicians and ethical experts to ensure that medical and ethical considerations are fully addressed.
Advance Care Planning: Promoting Advance Medical Directives and Advance Care Planning is crucial to empower individuals to have control over their end-of-life decisions, ensuring that their rights to a good quality of life and death are respected.
Systemic Reforms: The judgment highlights the need for systemic reforms to avoid forcing families into legal battles and to ensure that patients’ rights are safeguarded with appropriate legal frameworks.
Conclusion: The recent Supreme Court judgment highlights the urgent need for legal clarity, ethical considerations, and systemic reforms to protect patient rights and ensure dignity in end-of-life decisions.
Mains question for practice:
Q Discuss the need for legal clarity and systemic reforms to uphold the dignity and rights of patients in end-of-life decisions. (150 words) 10M
From UPSC perspective, the following things are important :
Mains level: Taxation; Issues related to GST;
Why in the News?
Most states appear to be opposed to altering the current five primary GST rate slabs: 0%, 5%, 12%, 18%, and 28%.
About Goods and Service Tax (GST):
The Goods and Services Tax (GST) in India was introduced by the Constitutional (One Hundred and First Amendment) Act of 2017. It is a unified tax system that replaced multiple indirect taxes levied by both the Central and State Governments.
Under GST, the Central (CGST) and state government (SGST) share the authority to levy and collect taxes on goods and services. In the case of Inter-state transactions, Integrated GST (IGST) is applicable.
Essential Features of GST
Multiple Tax Levels: India’s GST system has multiple tax rates, with four primary tax rates (5%, 12%, 18%, and 28%). Additionally, there is a “zero rate” for certain essential goods and services (e.g. exports).
One Nation, One Tax: GST is based on the principles of value-added tax and applies to the supply of goods and services across the nation. It brings uniformity in the tax structure across India, eliminating the cascading effect of taxes.
Destination-Based Tax: This means that the revenue generated from GST is collected by the state where the goods or services are consumed, rather than where they are produced.
Eliminating Cascading Effect: Under the Indian GST system, businesses can claim input tax credit for the GST they paid on their purchases. This ensures that taxes are levied only on the value added at each stage of the supply chain.
Sector-specific Exemptions: Certain sectors, such as healthcare, education, and basic necessities like food grains, are either exempted from GST or have reduced tax rates to ensure affordability and accessibility.
Threshold Exemption: Small businesses with a turnover below a specified threshold (currently, it is 20 lakhs: supplier of both goods & services and 40 lakhs: for supplier of goods (Intra–State) in India) are exempt from GST.
Present Challenges in GST Rates
Complexity and Confusion: The existence of multiple GST slabs creates confusion for businesses and consumers alike. Different rates for similar items lead to complications in compliance and classification, resulting in litigation and disputes.
For instance, the GST on cement is 28%, while essential items like milk are exempt, yet products derived from milk, such as skimmed milk powder, are taxed at 5%.
Anomalies in Taxation: There are notable inconsistencies in the application of GST rates. For example, the taxation of medical and life insurance premiums at 18% is seen as burdensome for individuals seeking financial protection against uncertainties.
Need to simplify the current GST Slabs
Rationalization Proposal: There is a growing consensus among industry experts and some government officials that the GST structure should be simplified to a maximum of three slabs.
This would not only streamline compliance but also reduce the administrative burden on businesses and the government alike.
Economic Stimulus: Simplifying GST rates could potentially stimulate economic activity by lowering indirect tax burdens, encouraging consumption, and ultimately leading to higher tax revenues.
Why are states resisting?
Fear of Revenue Loss: Many states are apprehensive about the implications of changing the GST structure, fearing that it might lead to a decrease in their revenue streams.
Political Considerations: The political landscape also plays a role in the resistance to change. With upcoming elections and the need to maintain fiscal health, state governments may prioritize short-term revenue stability over long-term structural reforms.
Way forward:
Phased Implementation: Start by introducing pilot programs in select states or sectors to test the impact of GST simplification. This approach can help address specific concerns and refine the model before a nationwide rollout.
Revenue Protection Schemes: Develop robust mechanisms to compensate states for any potential revenue losses during the transition. This could involve a formula-based compensation fund or a temporary revenue guarantee.
Mains PYQ:
Q Explain the rationale behind the Goods and Services Tax (Compensation to States) Act of 2017. How has COVID-19 impacted the GST compensation fund and created new federal tensions? (2020)
From UPSC perspective, the following things are important :
Mains level: Challenges to Indian agriculture;
Why in the News?
India’s 100th independence anniversary in 2047 is approaching, and the goal to become ‘a developed nation’ has a significant focus.
Goals of Indian Agriculture by Vision 2047:
Comprehensive Goal: India’s centennial year of independence requires a six-fold increase in per capita Gross National Income (GNI), emphasizing the need for comprehensive development, especially in agriculture.
Trade Goal: India’s agricultural and processed food exports have gone up to more than USD 50 billion in 2022-23.
The Vision 2047 aims to improve the availability of nutritious foods by enhancing the processing of fruits and vegetables, and augment the proportion of value-added products in India’s export portfolio.
Sustainable Goal: Transforming Indian agriculture will hinge on adopting sustainable practices such as precision farming, genetically modified crops, and advanced irrigation techniques (e.g., drip and sprinkler systems).
Present starking Imbalance in the Indian Economy
Workforce vs. GDP Contribution: Despite agriculture engaging nearly 46% of the workforce, it contributes only about 18% to the GDP, revealing a significant imbalance.
Growth Disparity: While the overall GDP has grown at 6.1% annually since 1991-92, agricultural GDP has lagged at 3.3%. In the last decade (2013- 2023), overall GDP growth was 5.9%, with agriculture growing at 3.6%, which is insufficient for the sector’s socio-economic importance.
Future Projections: By 2047, agriculture’s share in GDP might shrink to 7%-8%, but it could still employ over 30% of the workforce, necessitating significant structural changes to avoid exacerbating the disparity.
Government Initiatives:
For Water Management: The Pradhan Mantri Krishi Sinchayee Yojana (PMKSY) has promoted water-use efficiency through micro-irrigation, covering 78 lakh hectares with a ₹93,068 crore allocation for 2021-26.
For Risk Management: The Pradhan Mantri Fasal Bima Yojana (PMFBY) offers financial assistance for crop losses, with 49.5 crore farmers enrolled and claims totalling over ₹1.45 lakh crore.
For Market Access: The Electronic National Agriculture Market (eNAM) integrates existing markets through an electronic platform, benefiting 1.76 million farmers and recording trade worth ₹2.88 lakh crore by September 2023.
For better Farmer Support: The Pradhan Mantri Kisan Samman Nidhi (PM-KISAN) scheme, disbursing ₹6,000 annually to farmers, has benefited over 11.8 crore farmers.
For enhanced Soil Health: The Soil Health Card (SHC) scheme aims to optimize soil nutrient use, enhancing productivity, with over 23 crore SHCs distributed.
Need for Strategic Planning
Population Growth: India’s population is projected to reach 1.5 billion by 2030 and 1.59 billion by 2040, increasing the demand for food by approximately 2.85% annually.
Future Demand: By 2047-48, food grain demand is projected to range from 402 million tonnes to 437 million tonnes, requiring sustainable production exceeding demand by 10%-13% under the Business-As-Usual scenario.
Way Forward:
Investment in R&D: To meet future demands sustainably, significant investments in agricultural research, infrastructure, and policy support are necessary.
Budget Allocation: The Budget for 2024-25 includes ₹20 lakh crore for targeted agricultural credit and the launch of the Agriculture Accelerator Fund, highlighting a proactive approach to fostering agricultural innovation and growth.
Enhance Digital Infrastructure: Support and expand digital platforms like eNAM to improve market access, provide real-time data, and facilitate better price realization for farmers.
Mains PYQ:
Q Give the vulnerability of inidan agriculture to vagaries of nature, discuss the need for crop insurance and bring out the salient features of the Pradhan Mantri Fasal Bima Yojana (PMFBY). (2016)
From UPSC perspective, the following things are important :
Prelims level: BHISHM Cube
Mains level: ‘Aarogya Maitri’ Diplomacy
Why in the News?
Prime Minister Modi has presented the BHISHM Cube, a state-of-the-art mobile hospital designed for rapid deployment in disaster zones to Ukraine.
What is the BHISHM Cube?
The BHISHM Cube is an advanced mobile hospital unit designed for rapid deployment in disaster zones and emergency situations.
It is developed under the “Project BHISHM” (Bharat Health Initiative for Sahyog, Hita, and Maitri), reflecting India’s commitment to providing swift medical assistance in crisis areas.
The unit is capable of treating up to 200 casualties.
Key Features:
It weighs 720 kg and is composed of 72 components that can be easily transported by hand, bicycle, or drone.
The unit can be fully operational within 12 minutes of deployment, a critical feature in emergencies where every second counts.
It includes an operating theatre, X-ray machines, ventilators, and facilities for treating a wide range of injuries.
It incorporates AI and data analytics for real-time monitoring and coordination of medical services.
It also uses RFID-tagged equipment for efficient tracking and management of medical supplies.
The unit is robust and waterproof, making it suitable for diverse environments and capable of withstanding various weather conditions.
Significance of the move
By providing the BHISHM Cube to countries in need, such as Ukraine, India demonstrates its commitment to global humanitarian efforts.
The project aligns with India’s broader initiatives like ‘Aarogya Maitri’, aimed at supporting developing countries affected by natural disasters or crises.
The deployment of the BHISHM Cube enhances disaster preparedness by ensuring that essential medical services are available when and where they are needed most.
The gifting serves as a tool of soft diplomacy, strengthening India’s international relations by contributing to global health and safety.
PYQ:
[2022] With reference to the Ayushman Bharat Digital Mission, consider the following statements:
Private and public hospitals must adopt it.
As it aims to achieve universal, health coverage, every citizen of India should be part of it ultimately.
It has seamless portability across the country.
Which of the statements given above is/are correct?
From UPSC perspective, the following things are important :
Prelims level: Polaris Dawn Mission
Why in the News?
Polaris Dawn is set to be the first privately-funded mission to conduct a spacewalk, aiming to reach an altitude of about 700 kilometers above Earth, the highest altitude for a human space mission to date.
What is Polaris Dawn Mission?
Polaris Dawn is a privately-funded space mission led by billionaire entrepreneur Jared Isaacman, in collaboration with SpaceX.
It is set to be the first non-government mission to conduct a spacewalk.
This 700km altitude will surpass the current record held by NASA’s Gemini 11 mission in 1966.
The mission will test new spacesuits designed by SpaceX to protect astronauts from high radiation levels encountered in the Van Allen Belts.
What are the Van Allen Belts?
The Van Allen Belts are two zonesof charged particles that surround Earth, held in the magnetosphere.
These belts were discovered in 1958 by American physicist James Van Allen.
Inner Belt: This belt is located approximately 680 to 3,000 km above Earth’s surface and is primarily composed of high-energy protons. It is formed by cosmic rays interacting with Earth’s atmosphere.
Outer Belt: Located about 15,000 to 20,000 km above Earth’s surface, the outer belt mainly consists of high-energy electrons captured from solar wind.
Why are the Van Allen Belts dangerous for Humans?
The Van Allen Belts are dangerous for humans because they contain high levels of radiation that can pose significant health risks to astronauts.
The belts are filled with charged particles that can cause radiation sickness, damage human tissues, and increase the risk of cancer.
PYQ:
[2011] What is the difference between asteroids and comets?
Asteroids are small rocky planetoids, while comets are formed of frozen gases held together by rocky and metallic material.
Asteroids are found mostly between the orbits of Jupiter and Mars, while comets are found mostly between Venus and Mercury.
Comets show a perceptible glowing tail, while asteroids do not.
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 1 and 3 only
(c) 3 only
(d) 1, 2 and 3
Bridge gaps in health, education, and livelihoods; enhance infrastructure in PVTG communities aligned with existing schemes from nine ministries.
Total Outlay
Rs 24,104 crore over three years
Rs 15,000 crore allocated under the Development Action Plan for the Scheduled Tribes (DAPST) for the housing component over three years.
Implementation
Central Sector and Centrally Sponsored Schemes designed to enhance socio-economic conditions of PVTGs.
The Ministry of Tribal Affairs through the State Governments/ UT Administration/departments have undertaken habitation level data collection exercise through PM Gati Shakti mobile application to estimate PVTG population figures and infrastructure gaps under PM-JANMAN Mission.
Coverage
Targets 75 PVTGs in 18 states and 1 Union Territory, focusing on health, education, and livelihoods.
Competitive Federalism
Performance-based ranking of districts; top districts and Ministries recognized and rewarded for outstanding performance.
PYQ:
[2017] What are the two major legal initiatives by the State since Independence addressing discrimination against Scheduled Tribes (STs)?
[2019] Consider the following statements about Particularly Vulnerable Tribal Groups (PVTGs) in India:
PVTGs reside in 18 States and one Union Territory.
A stagnant or declining population is one of the criteria for determining PVTG status.
There are 95 PVTGs officially notified in the country so far.
Irular and Konda Reddi tribes are included in the list of PVTGs.
Which of the statements given above are correct?
(a) 1, 2 and 3
(b) 2, 3 and 4
(c) 1, 2 and 4
(d) 1, 3 and 4
From UPSC perspective, the following things are important :
Prelims level: National Human Rights Commission
Why in the News?
The NHRC India has taken suo motu cognizance of the two alleged incidents of food poisoning related deaths in an orphanage in Andhra Pradesh.
About National Human Rights Commission (NHRC)
Details
Establishment
As a Statutory Body and established under the Protection of Human Rights Act, 1993.
Functions
Inquire into any violation of human rights
Recommend immediate interim relief to victims or their families
Intervene in court proceedings involving human rights violations
Review constitutional and legal safeguards for human rights
Study international instruments on human rights
Support the efforts of NGOs working in the field of human rights
Powers
Regulate its own procedure
Possess all the powers of a civil court
Proceedings have a judicial character
May take any of the following steps upon the completion of an inquiry:
To recommend to the concerned government or authority to make payment of compensation or damages to the victim.
To recommend to the concerned government/authority the initiation of proceedings for prosecution or any other action against the guilty public servant.
To recommend to the concerned government/authority for the grant of immediate interim relief to the victim.
To approach the SC or the HC concerned for the necessary directions, orders, or writs.
Chairperson
Must be a former Justice of the Supreme Court or CJI(appointed by the President of India)
Members
Four full-time members;
Chairperson: former Supreme Court Justice or Chief Justice;
Other Member: former Judge of the Supreme Court;
Other Member: former Chief Justice of a High Court;
Three Members: with knowledge or experience in human rights, including at least one woman –
Seven ex-officio members: Chairpersons of National Commissions viz., National Commission for Scheduled Castes, National Commission for Scheduled Tribes, National Commission for Women , National Commission for Minorities, National Commission for Backward Classes, National Commission for Protection of Child Rights; and the Chief Commissioner for Persons with Disabilities.
Appointment
Appointed by the President based on a committee recommendation including the Prime Minister, Speaker of Lok Sabha, Home Minister, Leaders of the Opposition in Lok Sabha and Rajya Sabha, and others
Consultation with the Chief Justice of India for judicial appointments
Removal
By order of the President of India
Consultation with the Supreme Court before removal
Terms of Office
Hold office for a term of three years or until the age of 70
Ineligibility for further government employment after office
Eligible for reappointment
Salaries
Determined by the Central government
Reporting
Submits annual or special reports to the Central government and the concerned State government
Reports laid before the respective legislatures, along with a memorandum of action taken on the recommendations and reasons for non-acceptance of any recommendations
Limitations
The commission is not empowered to inquire into any matter after the expiry of one year from the date on which the act constituting the violation of human rights is alleged to have been committed
Functions are recommendatory in nature, with no power to punish or award relief to violators
Limited role concerning armed forces violations
PYQ:
[2011] Consider the following:
Right to education.
Right to equal access to public service.
Right to food.
Which of the above is/are Human Right/Rights under “Universal Declaration of Human Rights”?
