October 2024
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Citizenship and Related Issues

SC upholds Section 6A of Citizenship Act as valid

Note4Students

From UPSC perspective, the following things are important :

Mains level: Citizenship of India;

Why in the News?

On October 17, 2024, political parties widely welcomed the Supreme Court’s decision upholding Section 6A of the Citizenship Act, addressing citizenship under the Assam Accord.

What is Section 6A?

  • Section 6A of the Citizenship Act, added in 1985, grants citizenship to immigrants in Assam who entered between January 1, 1966, and March 25, 1971, under the Assam Accord provisions.

What are the implications of upholding Section 6A for citizenship in Assam?

  • Legal Recognition of the Assam Accord: The verdict reinforces the Assam Accord’s legal status, acknowledging the cut-off date of March 25, 1971, for granting citizenship to immigrants. This solidifies the Accord’s role as a foundational legal document addressing the state’s citizenship issues.
  • Clarifying Citizenship Status: The ruling provides legal clarity on the citizenship status of individuals who entered Assam between January 1, 1966, and March 25, 1971. They are granted citizenship if they comply with specific conditions, while those arriving post-1971 are deemed illegal immigrants.
  • Impact on the NRC Process: The decision may influence the National Register of Citizens (NRC) process in Assam by determining who is eligible for inclusion. The cut-off date could guide the verification of citizenship claims, potentially affecting those at risk of being declared stateless.

How does this ruling interact with existing immigration laws and policies?

  • Consistency with the Foreigners Act: The ruling aligns with existing immigration policies under the Foreigners Act, where illegal immigrants are identified and potentially deported.
  • Implications for Deportation and Detection: The verdict mandates continued efforts to detect and deport illegal immigrants who arrived post-March 25, 1971.
    • This may intensify identification and deportation processes, requiring robust legal and administrative mechanisms.
  • Role in NRC and Citizenship Amendment Act (CAA) Debate: The ruling interacts with ongoing discussions about the CAA, which grants citizenship to non-Muslim migrants from neighboring countries who entered before December 31, 2014.

What are the broader constitutional implications of this decision?

  • Federalism and Regional Autonomy: The judgment upholds Assam’s unique historical and cultural context, recognizing the state’s special legal provisions under the Assam Accord.
  • Right to Equality and Non-discrimination: By validating different cut-off dates for citizenship determination in Assam compared to the rest of India, the ruling raises questions about equal treatment and the uniformity of laws across the country.
  • Judicial Endorsement of Accord-based Legislation: The ruling sets a precedent for upholding legislation based on historical accords or regional agreements.

Way forward: 

  • Full Implementation of the Assam Accord: Ensure the complete execution of all clauses of the Accord, including detecting, deleting, and deporting illegal immigrants, while providing support to those recognized as citizens to integrate smoothly into society.
  • Strengthen Legal and Administrative Frameworks: Enhance the infrastructure for the NRC process, deportation mechanisms, and border management to maintain consistency in immigration policies, while addressing humanitarian concerns for affected individuals.

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Climate Change Impact on India and World – International Reports, Key Observations, etc.

Climate change impact harsher on poorer farmers in India: FAO report

Note4Students

From UPSC perspective, the following things are important :

Mains level: Impact of Climate Change on Agriculture;

Why in the News?

On October 16, 2024, the FAO said that poor households around the world lose 5% of their income each year due to heat stress and 4.4% due to floods.

About FAO: 

  • The Food and Agriculture Organization (FAO) is indeed a specialized agency of the United Nations (UN), established to lead international efforts aimed at combating hunger and improving food security and nutrition globally.
  • It founded on October 16, 1945, FAO operates from its headquarters in Rome, Italy, and comprises 195 members, including 194 countries and the European Union.

Key Objectives of the Food and Agriculture Organization (FAO):

  • Eradicate Hunger and Malnutrition: The FAO aims to eliminate hunger, food insecurity, and malnutrition worldwide by promoting sustainable agricultural practices and increasing food availability.
  • Promote Sustainable Agriculture: The organization encourages sustainable management of natural resources and resilient agricultural systems to combat climate change and preserve biodiversity.
  • Reduce Rural Poverty: FAO works to improve the livelihoods of rural populations through economic development, social protection measures, and improved access to markets.
  • Enhance Food Systems: It focuses on improving food production, distribution, and consumption to ensure the global population has access to nutritious, safe, and affordable food.
  • Respond to Crises: The FAO assists countries in addressing food-related emergencies and building resilience against future shocks, such as natural disasters and conflicts.

Key Highlights of the Present Report by FAO:

  • Economic Losses from Climate Stress: The report highlighted that poor households globally lose 5% of their income due to heat stress and 4.4% due to floods annually, compared to better-off households.
  • Impact on Rural Poor in India: It found that rural poor households in India are affected by climate stress differently, with reduced off-farm employment opportunities during droughts, forcing them to allocate more resources to agriculture.
  • Structural Inequalities: The report noted that poor households’ vulnerability to climate stressors is rooted in structural inequalities, calling for policy measures such as expanding social security.
  • Recommendations for Livelihood Support: Suggested scaling up anticipatory social protection programs and improving off-farm employment opportunities to reduce reliance on negative coping strategies.
  • Gender and Employment Barriers: The report urged addressing gender disparities in non-farm employment through gender-transformative approaches to tackle discriminatory norms.

What is NITI Aayog’s Response?

  • Efforts to Combat Climate Change: NITI Aayog highlighted India’s proactive measures, such as the National Innovations on Climate Resilient Agriculture (NICRA) project, which supports farmers’ adaptation to severe climate conditions.
  • Social Safety Nets: Emphasized India’s implementation of a nationwide employment guarantee scheme and extensive food distribution efforts during the pandemic as evidence of social protection measures.
  • Women’s Workforce Participation: Cited data from the Periodic Labour Force Surveys showing increased female participation in the workforce, indicating progress in addressing gender issues.
  • Open to FAO Suggestions: Acknowledged the value of considering the FAO’s recommendations for further policy improvement while emphasizing India’s existing initiatives.

Way forward: 

  • Strengthen Social Protection: Expand anticipatory social protection programs and climate-resilient agricultural practices to support vulnerable households, reducing income losses from climate stress.
  • Address Structural Inequalities: Enhance off-farm employment opportunities, tackle gender disparities, and implement policies targeting the root causes of vulnerability to climate-related risks.

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

India’s SDG focus and its Human Development issues 

Note4Students

From UPSC perspective, the following things are important :

Mains level: Key initiatives to achieve SDG;

Why in the News?

On September 9-10, 2023, New Delhi hosted the G-20 Summit, where participants committed to enhancing the implementation of the UN Agenda 2030 for Sustainable Development.

How effectively is India progressing towards achieving the SDGs by 2030?

  • Current Status: India is classified in the “medium human development” category, with an HDI value of 0.644 and a rank of 134 out of 193 countries.
  • Improvement Over Time: India saw an increase of 48.4% in HDI value from 1990 (0.434) to 2022 (0.644), indicating positive long-term trends despite recent stagnation and slight declines due to factors such as the COVID-19 pandemic.
  • SDG Interconnections: India’s HDI dimensions directly align with several SDGs, including SDG-3 (good health), SDG-4 (quality education), and SDG-5 (gender equality). Progress in these areas is critical for achieving broader SDG targets.
  • Rank Improvements: From 2015 to 2022, India improved its HDI ranking by four places, while neighboring countries such as Bangladesh and Bhutan improved their rankings by 12 and 10 places, respectively, highlighting the need for India to enhance its efforts.

What are the key human development challenges that India faces?

  • Gender Inequality: India has one of the largest gender gaps in the Labor Force Participation Rate (LFPR), with a stark difference of 47.8 percentage points between women (28.3%) and men (76.1%). The GDI indicates significant disparities in HDI achievements between genders, which undermines development.
  • Income Inequality: India experiences high income inequality, with the richest 1% holding 21.7% of total income, significantly higher than many neighboring countries and above global averages. This poses a barrier to sustainable development and equitable growth.
  • Education and Health: The impact of the COVID-19 pandemic has negatively affected education and health sectors, leading to increased vulnerabilities among poorer and marginalized populations.
  • Urban-Rural Divide: There is a notable disparity in female labour force participation between rural (41.5%) and urban areas (25.4%), suggesting that urban policy initiatives may not adequately support women’s employment.

What strategies can be implemented? (Way forward)

  • Strengthening Gender Equality: Implement gender-transformative approaches to enhance women’s participation in the labour force and address systemic barriers. This includes policies promoting work-life balance, flexible work arrangements, and targeted skill development programs.
  • Enhancing Education and Skill Development: Invest in quality education, vocational training, and lifelong learning opportunities that cater to both genders, particularly in rural areas.
  • Promoting Social Protection: Expand social safety nets and anticipatory social protection programs that target vulnerable populations, particularly women and marginalized groups.
  • Reducing Income Inequality: Implement progressive taxation and wealth redistribution policies to address the concentration of income.
  • Multi-Stakeholder Engagement: Foster collaboration between government, civil society, and the private sector to implement sustainable development initiatives.

Mains PYQ:

Q National Education Policy 2020 isin conformity with the Sustainable Development Goal-4 (2030). It intends to restructure and reorient education system in India. Critically examine the statement. (UPSC IAS/2020)

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Zika Virus Outbreak

West Nile Virus

Note4Students

From UPSC perspective, the following things are important :

Prelims level: West Nile Virus, Its host, transmission and treatment

Why in news?

Ukraine is currently dealing with a serious outbreak of West Nile virus (WNV), with health officials raising alarms as the death toll rises.

About West Nile Virus

Details
Virus Type Member of the flavivirus genus, family Flaviviridae
First Isolated 1937 in a woman in the West Nile district of Uganda
Geographical Distribution Commonly found in Africa, Europe, Middle East, North America, and West Asia
Transmission Primarily transmitted through infected mosquito bites; mosquitoes become infected by feeding on infected birds. Can also spread through infected animal tissues.
Symptoms Asymptomatic: ~80% of infected individuals show no symptoms
West Nile Fever: ~20% develop symptoms like fever, headache, fatigue, body aches, nausea, vomiting, and occasional skin rash.
Peak Infection Period Typically spikes between June and September (summer to autumn)
Reported Outbreaks 19 countries have reported outbreaks, including Albania, Austria, Bulgaria, Croatia, Cyprus, Czechia, France, Germany, Greece, Hungary, Italy, North Macedonia, Romania, Serbia, Slovakia, Slovenia, Spain, Türkiye, and Kosovo.
Treatment No vaccine available; supportive treatments provided for neuroinvasive WNV patients

 

PYQ:

[2017] Consider the following statements:

1. In tropical regions, Zika virus disease is transmitted by the same mosquito that transmits dengue.

2. Sexual transmission of Zika virus disease is possible.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

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

Drugs Technical Advisory Board (DTAB)

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Drugs Technical Advisory Board (DTAB) and its functions

Why in the News?

The Drugs Technical Advisory Board (DTAB), the highest statutory body on technical drug-related matters in India, has recommended including all antibiotics under the definition of ‘New Drugs in the New Drugs and Clinical Trial (NDCT) Rules, 2019.

What are ‘New Drugs’?

  • According to Rule 122 E of the Drugs and Cosmetics Rules, 1945, a new drug is one that:
    • Has not been used in the country.
    • Has not been recognized as effective and safe by the licensing authority.
    • May also be an already approved drug with modified claims such as new indications, dosages, or routes of administration.

Implications of Including Antibiotics in the New Drug Category:

  • If antibiotics are classified as new drugs:
    • Their manufacturing, marketing, and sale will be documented.
    • Clearance for manufacturing and marketing will need to be obtained from the Central government instead of State drug administrations.
    • Antibiotics will only be sold to patients on prescription.

Additional Recommendations:

  • The board is considering amending the labelling rules under the Drugs Rules, 1945, by adding a blue strip or box for antimicrobial products.
  • It has recommended that antimicrobials should not be sold to non-pharmaceutical industries unless they have the necessary licences.

About the Drugs Technical Advisory Board:

Details
Authority Highest statutory decision-making body on technical matters related to drugs in India
Establishment Constituted under the Drugs and Cosmetics Act, 1940
Affiliation Part of the Central Drugs Standard Control Organization (CDSCO)
Nodal Ministry Ministry of Health and Family Welfare
Functions – Advises the Central and State Governments on technical matters related to the Drugs and Cosmetics Act
– Carries out functions assigned by the Act
Role of CDSCO – Approval of drugs
– Conduct of clinical trials
– Establishing standards for drugs
– Quality control of imported drugs
– Coordination with State Drug Control Organizations
Specialized Licenses Responsible for granting licenses for critical categories of drugs, including blood products, IV fluids, vaccines, and sera
Decision-Making Provides expert advice and technical recommendations to ensure drug safety, efficacy, and quality

 

PYQ:

[2019] Which of the following are the reasons for the occurrence of multi-drug resistance in microbial pathogens in India?

  1. Genetic predisposition of some people
  2. Taking incorrect doses of antibiotics to cure diseases
  3. Using antibiotics in livestock farming
  4. Multiple chronic diseases in some people

Select the correct answer using the code given below.

(a) 1 and 2
(b) 2 and 3 only
(c) 1, 3 and 4
(d) 2, 3 and 4

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Textile Sector – Cotton, Jute, Wool, Silk, Handloom, etc.

[pib] Government extends SAMARTH Scheme till March 2026

Note4Students

From UPSC perspective, the following things are important :

Prelims level: SAMARTH Scheme

Why in the News?

The Samarth Scheme (Scheme for Capacity Building in Textiles Sector), which aims to teach 300,000 people in textile-related skills, has been extended for two years (FY 2024–25 and 2025–26).

Achievements of the SAMARTH Scheme:

  • So far, 3.27 lakh candidates have been trained under the Samarth Scheme, with 2.6 lakh (79.5%) of them gaining employment.
  • There is a strong focus on women’s employment, with 2.89 lakh (88.3%) women trained so far.

What is ‘SAMARTH’ Scheme?

Details
Name Samarth (Scheme for Capacity Building in Textile Sector)
Nodal Ministry Ministry of Textiles
Approval Approved by the Cabinet Committee of Economic Affairs as a continuation of the Integrated Skill Development Scheme for the 12th Five Year Plan (FYP)
Implementing Agency Office of the Development Commissioner (Handicrafts)
Objectives • Provide demand-driven, placement-oriented skilling programs
• Incentivize industry efforts to create jobs in organized textile and related sectors
• Promote skilling and skill upgradation in traditional sectors
Scope Covers the entire textile value chain, excluding spinning and weaving
Special Provisions Includes upskilling and reskilling programs to improve productivity of existing workers in the apparel and garmenting segments
Target Beneficiaries Handicraft artisans and individuals seeking employment in the textile sector
Implementing Agencies • Textile Industry
• Institutions/Organizations of the Ministry of Textiles/State Governments with training infrastructure
• Reputed training institutions/NGOs/Trusts/Companies with placement tie-ups

 

PYQ:

[2020] Consider the following statements:

  1. The value of Indo-Sri Lanka trade has consistently increased in the last decade.
  2. “Textile and textile articles” constitute an important item of trade between India and Bangladesh.
  3. In the last five years, Nepal has been the largest trading partner of India in South Asia.

Which of the statements given above is/are correct?

(a) 1 and 2 only
(b) 2 only
(c) 3 only
(d) 1, 2 and 3

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Women Safety Issues – Marital Rape, Domestic Violence, Swadhar, Nirbhaya Fund, etc.

What is the ‘Doctrine of Coverture’ in English common law?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Doctrine of Coverture

Why in the News?

The Marital Rape Exception (MRE), rooted in the doctrine of coverture from English common law, has long sparked debates about the legal autonomy of women within marriage.

Marital Rape Exception (MRE): What is it?

  • The MRE is found in Exception 2 to Section 375 of the Indian Penal Code (IPC), 1860, and its equivalent, Section 63 of the Bharatiya Nyaya Sanhita (BNS), 2023.
    • According to these provisions, sexual intercourse or sexual acts by a man with his wife do not constitute rape if the wife is above 18 years of age.

Why discuss this?

  • This legal immunity for husbands has been challenged for violating fundamental rights, and now, a three-judge Bench led by CJI D.Y. Chandrachud is set to examine the constitutional validity of this exception.
  • The outcome of this case could redefine the boundaries of consent and bodily autonomy within the institution of marriage in India.

 

Split Verdict by the Delhi High Court in 2022:

1. Justice Rajiv Shakdher’s Opinion:

  • Declared the Marital Rape Exception (MRE) unconstitutional.
  • Argued that the MRE violates a woman’s bodily autonomy and expression.
  • Criticized the exception as being rooted in patriarchy and misogyny.
  • Held that the classification of marital rape as different from rape outside marriage is unreasonable and arbitrary.
  • Emphasized that forced sex outside marriage is treated as “real rape,” while the same act within marriage is not.

2. Justice C. Hari Shankar’s Opinion:

  • Upheld the Marital Rape Exception, considering it legal within the framework of marriage.
  • Argued that sexual relations within marriage are a legitimate expectation.
  • Expressed concerns that allowing prosecution of husbands for non-consensual sex would be antithetical to the institution of marriage as understood in Indian society.
  • Believed that introducing the possibility of husbands being seen as rapists within marriage would undermine the institution of marriage.

Doctrine of Coverture from English Common Law:

  • The doctrine states that upon marriage, a woman’s legal existence was essentially merged with that of her husband.
  • The married woman was legally dependent on her husband, losing autonomy over her legal rights and property.
  • Impact on Women’s Rights:
    • Under this doctrine, a wife had no independent legal identity during marriage.
    • Women could not own property, enter contracts, or bring legal claims without their husband’s approval.
    • The husband had control over the wife’s body and actions, including sexual relations.
  • Influence on Marital Rape Exception:
    • The doctrine formed the basis for the original Marital Rape Exception in British common law.
    • It implied that a wife gave permanent consent to sexual relations upon marriage, which could not be withdrawn.
    • This legal reasoning was adopted in many British colonies, including India, and continues to influence Indian law today.
  • Modern Rejection:
    • England abolished the Marital Rape Exception in 1991 in the case of R v. R, recognizing that the doctrine of coverture no longer reflected the status of women in modern society.
    • Despite this, the doctrine’s influence persists in India’s legal system, particularly through the Marital Rape Exception in BNS.

PYQ:

[2024] The soul of new law, Bhartiya Nyay Sanhita (BNS) is Justice, Equality and Impartiality based on Indian culture and ethos. Discuss this in the light of major shift from a doctrine of punishment to justice in the present judicial system. 

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