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  • Health Sector – UHC, National Health Policy, Family Planning, Health Insurance, etc.

    How has India revised obesity parameters?

    27 January 2025 | Explained | Science and Technology
    Mains Paper 2: GS2-13.Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources.

    Why in the News?

    A report by the Lancet Diabetes and Endocrinology Commission emphasized body fat distribution, beyond Body Mass Index (BMI), as a vital health and disease risk indicator. In this response, India has revised its obesity guidelines after 15 years.

    What is the present status of Obesity?

    • Rising Obesity Rates: The obesity rate in India has significantly increased, with approximately 9.8% of women and 5.4% of men classified as obese as of 2022, compared to just 1.2% for women and 0.5% for men in 1990. This translates to around eight crore individuals being classified as obese, including one crore children aged 5 to 19 years.
    • Economic Impact and Healthcare Costs: It is projected that India will spend about $13 million annually on treating obesity-related illnesses by 2025 as per the World Obesity Federation. The rising prevalence of obesity is associated with various non-communicable diseases, including diabetes and cardiovascular issues.
    • Changing Demographics: The prevalence of obesity is expected to continue rising, with forecasts suggesting that by 2040, around 30.5% of men and 27.4% of women will be either overweight or obese.

    What are the initiatives taken by the government? 

    • National Programme for Prevention and Control of Cancer, Diabetes, Cardiovascular Diseases, and Stroke (NPCDCS): This program aims to screen individuals for obesity-related risk factors and ensure early intervention to prevent complications associated with obesity. It is part of the broader National Health Mission.
    • Eat Right India Movement: Launched by the Food Safety and Standards Authority of India (FSSAI), this initiative focuses on transforming the food system to promote safe, healthy, and sustainable food for all citizens. It includes awareness campaigns about nutrition and healthy eating habits.
    • Ayushman Bharat Health Wellness Centres: These centres strengthen preventive healthcare by promoting wellness activities and targeted communication at the community level, addressing non-communicable diseases (NCDs) including obesity.
    • Regulatory Measures: The FSSAI has set guidelines to limit trans fats in food products to no more than 2% by weight and has introduced labelling regulations that require nutritional information on food packaging, helping consumers make informed dietary choices.

    What are the new guidelines?  

    • Terminology Update: The term “overweight” has been removed, categorizing obesity into Grade I (BMI >23 kg/m² without health issues) and Grade II (BMI >23 kg/m² with associated health limitations) to emphasize nuanced stages of obesity.
    • Focus on Abdominal Obesity: Waist circumference (>90 cm for men, >80 cm for women) and waist-to-height ratio are prioritized as critical measures for assessing health risks in Asian Indians

    Why has it been revised after 15 years?

    • Rising Prevalence of Obesity: The prevalence of obesity in India has doubled over the past two decades, with significant increases observed in both adults and children. This alarming trend necessitated a reevaluation of existing guidelines to address the growing public health crisis effectively.
    • Limitations of Previous Guidelines: The previous guidelines, established in 2009, relied solely on Body Mass Index (BMI) for diagnosing obesity.
      • This approach was found inadequate as it did not consider critical factors such as abdominal fat distribution and the unique metabolic responses of Asian Indians, who tend to develop obesity-related health issues at lower BMI thresholds compared to Western populations.
    • Global Framework Alignment: The revised guidelines align with global recommendations from the Lancet Diabetes & Endocrinology Commission, which advocates for a broader understanding of obesity as a chronic disease rather than merely excess weight.

    What are the health issues that can develop due to obesity?

    • Cardiovascular Diseases: Obesity significantly increases the risk of developing heart disease and stroke. It contributes to high blood pressure and unhealthy cholesterol levels, which are critical risk factors for cardiovascular conditions.
    • Type 2 Diabetes: Excess body weight can disrupt the body’s ability to use insulin effectively, leading to insulin resistance and a higher likelihood of developing type 2 diabetes. This chronic condition is closely linked to obesity and can result in severe health complications if not managed properly.
    • Certain Cancers: Obesity is associated with an elevated risk of various cancers, including breast, colon, endometrial, and liver cancers. The increased body fat may influence hormone levels and inflammation, contributing to cancer development.

    Way forward: 

    • Comprehensive Public Health Strategies: Strengthen preventive measures through awareness campaigns, promote healthy lifestyles, regulate unhealthy food products, and expand screening programs under initiatives like NPCDCS and Ayushman Bharat.
    • Collaborative Policy Reforms: Enhance inter-sectoral collaboration to address urbanization, sedentary lifestyles, and dietary patterns while aligning with global obesity management frameworks for effective, long-term solutions.

    Mains PYQ:

    Q  Public health system has limitations in providing universal health coverage. Do you think that private sector can help in bridging the gap? What other viable alternatives do you suggest? (UPSC IAS/2015)

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  • Foreign Policy Watch: India-ASEAN

    India with Indonesia

    27 January 2025 | Explained | International Relations
    Mains Paper 2: India & Its Neighborhood – Relations

    Why in the News?

    Indonesian President Prabowo Subianto’s visit to India as the chief guest at the Republic Day parade highlighted the strong and historic relationship between the two countries.

    Evolution of the bilateral relationship between India and Indonesia

    • Historical Foundations and Early Cooperation: India and Indonesia established diplomatic relations in 1949, following India’s recognition of Indonesia’s independence in 1946.
      • The early years were marked by a strong partnership against colonialism, highlighted by President Sukarno’s participation as the chief guest at India’s first Republic Day in 1950 and their collaboration during the Bandung Conference in 1955, which laid the groundwork for the Non-Aligned Movement.
    • Revitalization in the 1990s: The relationship saw a significant revival with India’s ‘Look East Policy’ initiated in the 1990s, aimed at strengthening ties with Southeast Asian nations.
      • This period marked increased political engagement and economic cooperation, culminating in the establishment of a strategic partnership during President Susilo Bambang Yudhoyono’s visit to India in 2005.
    • Contemporary Engagement and Strategic Partnership: Recent years have seen a deepening of bilateral relations through comprehensive agreements on defence, maritime security, and economic collaboration.
      • The signing of the “Shared Vision of Maritime Cooperation” in 2018 and ongoing joint military exercises reflect a commitment to enhancing security cooperation amid regional challenges, particularly concerning China’s assertiveness in the South China Sea.

    What are the implications of India-Indonesia bilateral relations?

    • Strengthened Strategic Partnership: The agreement to position an Indonesian liaison officer at India’s Information Fusion Centre highlights a commitment to enhance maritime cooperation and information sharing, which is crucial for regional security amidst rising tensions in the South China Sea.
    • Collective Security Efforts: Both nations have emphasized the importance of combating terrorism and have agreed to enhance anti-terror cooperation. This reflects a mutual understanding of shared security challenges and the need for collaborative responses.
    • Maritime Dialogue: The establishment of early dialogues on maritime security and cyber security indicates a proactive approach to address emerging threats and maintain stability in the Indo-Pacific region.

    How will the agreements reached during this visit impact regional security dynamics?

    • Promotion of Peaceful Resolutions: By advocating for a “full and effective” Code of Conduct (COC) in the South China Sea, India and Indonesia are positioning themselves as key players in promoting a rules-based order in the region, countering China’s assertive claims.
    • Support for International Law: Their joint statement reinforces adherence to international laws, including the 1982 UNCLOS, which could serve as a counterbalance to unilateral actions by China in the South China Sea.
    • Enhanced Cooperation with ASEAN: Both countries are likely to strengthen ties with ASEAN nations that share similar concerns about China’s maritime ambitions, fostering a united front in regional diplomacy.

    What economic benefits are anticipated from enhanced collaboration?

    • Local Currency Transactions: The emphasis on using local currencies for bilateral trade is expected to reduce transaction costs and enhance trade volumes between India and Indonesia, thereby boosting economic ties.
    • Increased Trade Opportunities: Enhanced cooperation in sectors such as hydrography and defense could open new avenues for economic collaboration, potentially leading to increased investments and joint ventures.
    • Maritime Commerce: By advocating for unimpeded lawful maritime commerce, both nations aim to secure vital trade routes that are crucial for their economies, particularly in light of the South China Sea’s significance as a global trade corridor.

    Way forward: 

    • Strengthen Multilateral Diplomacy: India and Indonesia should continue to collaborate with ASEAN and other regional stakeholders to promote a unified stance on maritime security, focusing on the full implementation of the South China Sea Code of Conduct and adherence to international law.
    • Enhance Economic Integration: Both nations should prioritize deepening economic ties through initiatives like local currency transactions and joint ventures in defence and maritime sectors, fostering sustainable growth and bolstering regional economic stability.

    Mains PYQ:

    Q Mention the significance of straits and isthmus in international trade. (UPSC IAS/2022)

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  • Capital Markets: Challenges and Developments

    SEBI proposes sachetization of mutual funds to boost financial inclusion

    27 January 2025 | Explained | Economics
    Mains Paper 3: GS3-12.Effects of liberalization on the economy, changes in industrial policy and their effects on industrial growth

    Why in the News?

    SEBI is collaborating with the mutual fund industry to find ways to make monthly SIPs of just Rs 250 possible, aiming to encourage more people from lower-income groups to invest in mutual funds.

    What is Sachetisation?

    • Sachetisation refers to offering products in small, affordable units, making them accessible to a broader consumer base, especially those in price-sensitive segments.
    • The term originated from the FMCG (Fast Moving Consumer Goods) sector, where products like shampoos were made available in small sachets at low prices to cater to low-income consumers.
    • SEBI is now proposing a similar approach for mutual funds, allowing small-ticket investments through SIPs (Systematic Investment Plans) with low monthly amounts (such as Rs 250).

    What are the significances of Sachetisation?

    • Affordable Financial Products: Just as small sachets of consumer goods made them accessible to lower-income groups, small-ticket SIPs in mutual funds can make investment opportunities available to a larger section of the population, particularly those who may not have the financial capacity to invest larger amounts.
    • Promoting Financial Empowerment: By lowering the entry barrier for mutual fund investments, sachetisation can help empower underserved communities and individuals by enabling them to participate in the growing financial markets and benefit from the potential returns.
    • Expanding Reach: This approach would encourage mutual fund companies to expand their reach to remote locations, helping them penetrate rural and low-income markets, and promote a wider culture of saving and investing.
    • Financial Inclusion for the Bottom of the Pyramid: The primary target of sachetisation in mutual funds is low-income groups that have limited access to traditional investment products. By offering small, regular investments, SEBI aims to promote financial inclusion at the grassroots level.

    How does it work?

    • SEBI has proposed introducing small ticket SIPs at Rs 250 per month, which would allow new investors from low-income groups to participate in mutual funds without the burden of higher minimum investment requirements. This contrasts with existing schemes that often require a minimum SIP of Rs 500 or more.
    • Investors can commit to a small ticket SIP for a duration of five years (60 installments), although they have the flexibility to withdraw or stop their investments without restrictions if needed. This structure encourages consistent investment while providing an exit option for investors.
    • To facilitate the success of small ticket SIPs, SEBI plans to implement discounted rates for intermediaries and reimburse certain costs from the Investor Education and Awareness Fund. This will help asset management companies (AMCs) break even more quickly on their investments in these small ticket offerings.
    • The sachetised SIPs will be available under specific mutual fund schemes, excluding high-risk options like small-cap and mid-cap equity schemes, which are deemed unsuitable for new investors from lower-income backgrounds. This targeted approach aims to safeguard these investors while still encouraging their entry into the market.
    • To further promote financial inclusion, SEBI proposes incentives for distributors who successfully guide investors through 24 instalments of the small ticket SIP, thereby enhancing participation and support for new investors in mutual funds.

    Conclusion: The strategy could result in a significant increase in domestic investor participation, contributing to the resilience of India’s equity market and fostering long-term financial stability.

    Mains PYQ:

    Q Comment on the important changes introduced in respect of the Long term Capital Gains Tax (LCGT) and Dividend Distribution Tax (DDT) in the Union Budget for 2018-2019. (UPSC IAS/2018)

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  • Inland Waterways

    IWAI sets up new Regional Office at Varanasi

    27 January 2025 | Prelims Only | Economics
    Mains Paper 3: GS3-13.Infrastructure: Energy, Ports, Roads, Airports, Railways etc:

    Why in the News?

    The Inland Waterways Authority of India (IWAI), under the Union Ministry of Ports, Shipping, and Waterways, upgraded its sub-office in Varanasi to a full-fledged Regional Office. This move aims to strengthen the implementation of Inland Water Transport (IWT) activities in National Waterway-1 (NW-1), covering the Ganga River, and other waterways in Uttar Pradesh.

    IWAI’s Regional Expansion:

    • Varanasi becomes IWAI’s 6th regional office, joining those in Guwahati, Patna, Kochi, Bhubaneswar, and Kolkata.
    • Capacity augmentation is also underway for NW-2 (Brahmaputra River), NW-3 (West Coast Canal), and NW-16 (Barak River).

    Important Projects by IWAI: 

    • Jal Marg Vikas Project (JMVP): A World Bank-supported initiative aimed at capacity augmentation of NW-1 through:
    • River conservancy works like bandalling and maintenance dredging.
    • Construction of key infrastructure, including:
      • Multi-Modal Terminals (MMTs): Varanasi, Sahibganj, and Haldia.
      • Inter-Modal Terminal: Kalughat.
      • Navigational Lock: Farakka, West Bengal.
    • Development of 60 community jetties across Uttar Pradesh, Bihar, Jharkhand, and West Bengal to support local communities like farmers, artisans, and fishermen.

    About Inland Waterways Authority of India

    • Established in 1986 under the Inland Waterways Authority of India Act, 1985.
    • Headquarters: Noida, Uttar Pradesh.
    • Objective: To reduce the underutilization of India’s 14,500 kilometers of navigable waterways, which account for just 2% of the transportation mix.
    • Structural Mandate:
      • Responsible for regulating and developing inland waterways for shipping and navigation.
      • Develops and maintains Inland Water Transport (IWT) infrastructure on national waterways with grants from the Ministry of Shipping.
      • Ensures safe and efficient navigation to integrate waterways into the national transport system.
    • Powers and Functions:
      • Planning and Execution: Implements and maintains navigation and shipping infrastructure projects.
      • National Waterways Management: Oversees 111 national waterways under the National Waterways Act, 2016.
      • Infrastructure Development: Focuses on dredging, terminal construction, and maintaining year-round navigability for vessels.

    PYQ:

    [2016] Enumerate the problems and prospects of inland water transport in India.

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  • Historical and Archaeological Findings in News

    Rakhigarhi is giving us more clues on Saraswati River

    27 January 2025 | Historical Sites | History
    Mains Paper 1: GS1-01.Indian Culture- Salient aspects of Art Forms, Literature and Architecture from ancient to modern times.

    Why in the News?

    A massive water reservoir recently uncovered at Rakhigarhi reveals advanced Harappan water management practices linked to the Saraswati River.

    Do you know?

    The Centre of Excellence for Research on the Saraswati River (CERSR) at Kurukshetra University conducted a comprehensive study establishing that the Saraswati River, often termed “mythical,” flowed in Haryana until 1402 AD.

     

    About Rakhigarhi

    • Rakhigarhi, located in Hisar, Haryana is the largest site of the Indus-Saraswati Civilisation, dating back to the mature Harappan period (2600–1900 BCE).
    • It is situated in the plains of the Saraswati River, about 27 km from the seasonal Ghaggar River.
    • First excavated in 1969 by archaeologist Suraj Bhan, it consists of seven mounds and has been a key site for understanding Harappan urban planning and water management.
    • Recent findings have pushed the timeline of the civilisation to as early as 6000 BCE.
    • In 2020, Rakhigarhi was designated as an Iconic Site under the Union Budget for development and preservation.
    • NCERT states that DNA studies from Rakhigarhi suggest the genetic roots of the Harappans trace back to 10,000 BCE.

    Significant Features

    • Urban Planning: Evidence of well-planned streets, brick houses, and an advanced drainage system.
    • Water Management: Discovery of a 3.5–4 feet deep reservoir at Mound 3 indicates advanced water storage systems.
    • Cultural Significance: Artifacts such as pottery, terracotta figurines, beads, and copper tools demonstrate artistic and technological advancement.
    • Trade and Economy: Marine shells and fishhooks point to long-distance trade and local craftsmanship.
    • River Proximity: Located near the paleochannels of the Drishadvati River, a key tributary of the Saraswati River, supporting agriculture and daily life.

    Key Findings

    • Huge Water Reservoir at Mound 3: Layers of siltation confirm water storage practices during the late Harappan period.
    • Artifacts: Items like copper tools, marine shells, and ornate pottery suggest trade and daily life activities.
    • Burials: Skeletons and burial goods provide insights into Harappan rituals and social structures.
    • DNA Analysis: A 4,600-year-old skeleton showed no Steppe ancestry, challenging the Aryan invasion theory.
    • Related Sites: Nearby settlements like Bhirrana and Farmana extend the timeline of the civilisation.

    PYQ:

    [2011] Regarding the Indus Valley Civilization, consider the following statements:

    1. It was predominantly a secular civilization and the religious element, though present, did not dominate the scene,
    2. During this period, cotton was used for manufacturing textiles in India.

    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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  • Wildlife Conservation Efforts

    Nahargarh Wildlife Sanctuary

    27 January 2025 | National Parks/WSPrelims Only | Environment
    Mains Paper 3: GS3-18.Conservation, Environmental Pollution and Degradation, Environmental Impact Assessment.

    Why in the News?

    The Forest Department of Rajasthan has initiated efforts to revise the boundaries of the Nahargarh Wildlife Sanctuary to address existing legal and administrative complications.

    Nahargarh Wildlife Sanctuary

    About the Nahargarh Wildlife Sanctuary

    • It was established in 1980, Nahargarh Wildlife Sanctuary is located in Jaipur, Rajasthan.
    • It is named after the nearby Nahargarh Fort, which overlooks the sanctuary.
    • It is a significant part of the Ranthambore Tiger Reserve corridor, providing a habitat for wildlife movement.
    • Geographical Features:
      • It is situated in the Aravalli hills, close to Jaipur city, offering a natural escape amidst urban surroundings.
      • Its area spans approximately 50 square kilometres, featuring rugged terrain with hills, valleys, and plateaus.
      • It has seasonal streams and waterholes that serve as vital water sources for wildlife.
    • Flora and Fauna:
      • Flora: Comprises dry deciduous and thorny scrub forests, typical of the Aravalli range; Key tree species include Dhok, Babool, Khejri, and Ber; Grassy patches and scattered shrubs provide a diverse ecosystem for herbivores.
      • Fauna: Fauna: Includes leopards, hyenas, wild boars, jackals, sambars, chitals, peacocks, partridges, migratory birds, monitor lizards, snakes, turtles, and various pollinators.

    PYQ:

    [2012] In which one among the following categories of protected areas in India are local people not allowed to collect and use the biomass?

    (a) Biosphere Reserves

    (b) National Parks

    (c) Wetlands declared under Ramsar Convention

    (d) Wildlife Sanctuaries

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  • Innovations in Biotechnology and Medical Sciences

    What is Stargardt Disease?

    27 January 2025 | Prelims Only | Science and Technology
    Mains Paper 3: GS3-17.Awareness in the fields of IT, Space, Computers, Robotics, Nano-technology, Bio-technology and issues relating to Intellectual Property Rights.

    Why in the News?

    Researchers have created a gene-editing tool to fix ABCA4 gene mutations, offering hope for treating Stargardt disease, a rare condition that causes progressive vision loss.

    What is Stargardt Disease?

    • Stargardt Disease is a rare inherited eye disorder that causes progressive vision loss, primarily affecting the central part of the retina, called the macula.
    • It is typically caused by mutations in the ABCA4 gene, which disrupts the body’s ability to use Vitamin A, leading to an excessive buildup of lipofuscin (yellowish-brown pigment) in retinal cells.
    • The disease commonly begins in childhood or early adulthood and is usually bilateral, involving both eyes.
    • Currently, there is no cure for Stargardt Disease.

    Symptoms of Stargardt Disease

    • Progressive vision loss, particularly affecting central vision.
    • Difficulty seeing in low light (night blindness).
    • Blurred or distorted vision, with colors appearing less vivid.
    • Appearance of dark spots or areas of vision loss in the central visual field.
    • Gradual deterioration of visual acuity, leading to potential legal blindness.

    Present Scenario in India

    • According to a 2023 study by L.V. Prasad Eye Institute, Hyderabad:
      • The disease predominantly affects males and typically manifests during the second decade of life.
      • Estimated prevalence: 1 in 8,000 to 10,000 individuals.
      • 10.79% of patients had a family history of Stargardt disease, while 10.69% were from consanguineous marriages.
    • In India, Stargardt disease is a not uncommon hereditary condition, with limited treatment options available.

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  • [25th January 2025] The Hindu Op-ed: At 75, constitutional justice and personal liberty

    25 January 2025 | | Polity
    Mains Paper 2: GS2-01. Indian Constitution-Historical underpinnings & evolution; Features, amendments, significant provisions, basic structure of Constitution

    PYQ Relevance:
    Q) ‘Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions. (UPSC CSE 2021)

    Mentor’s Comment: UPSC mains have always focused on ‘Scope of Fundamental Rights’ (2017) and Components of Constitutional Morality (2021).

    The interpretation of personal liberty under Article 21 has continuously adapted to address emerging issues like environmental rights, gender equality, and the rights of marginalized communities. 

    Today’s editorial emphasizes the need to critically examine how core constitutional values are facing an ethical and moral crisis. This content can be used in your Mains Answer for presenting the challenges particularly regarding personal liberty and the Judicial efforts for its dissent implementation.

    _

    Let’s learn!

    Why in the News?

    As India celebrates 75 years of its Constitution, there is a call to reflect on the ethical and moral challenges that undermine its core values.

    On account of these celebrations, it is crucial to critically examine the Right to Personal Liberty as an essential element of justice.

    What has been the evolution of personal liberty under Article 21 of the Indian Constitution over the past 75 years?

    Over the past 75 years, the interpretation and application of personal liberty under Article 21 of the Indian Constitution have undergone significant evolution, reflecting changing societal values and judicial perspectives.

    • Initial Interpretation: When the Constitution came into effect in 1950, Article 21 was interpreted narrowly, focusing primarily on the physical aspect of personal liberty. 
    • The landmark case of A.K. Gopalan vs. State of Madras (1950) established that personal liberty was limited to the physical body, without broader implications for rights such as freedom of movement.

    Landmark Judgments:

    • Maneka Gandhi Case (1978): This pivotal ruling expanded the scope of Article 21, asserting that the right to life includes the right to live with dignity and lead a meaningful life. The Supreme Court held that personal liberty encompasses various rights, including the right to travel abroad and the right to livelihood.
    • Olga Tellis Case (1985): This case further broadened the interpretation by recognizing the right to livelihood as an integral part of the right to life. The court ruled that deprivation of livelihood without due process violates Article 21.

    • Inclusion of Additional Rights: Over time, Article 21 has been interpreted to include rights such as privacy, health, and a clean environment, reflecting a more comprehensive understanding of personal liberty. The Supreme Court has emphasized that these rights are essential for ensuring individual dignity and a meaningful existence.

    • Judicial Activism: The judiciary’s proactive stance has positioned Article 21 as a cornerstone of fundamental rights in India. It has led to increased scrutiny over state actions that infringe upon individual liberties, particularly in cases involving preventive detention and arbitrary arrests.
    Despite these advancements, issues such as preventive detention under anti-terror laws and prolonged custody without trial continue to pose challenges to personal liberty. 

    The evolving interpretation of Article 21 remains crucial in addressing these contemporary issues while safeguarding individual rights.

    How effective has the judiciary been in upholding Constitutional justice and protecting personal liberties?

    • The Supreme Court has actively protected individual rights, especially through the Puttaswamy case, which recognized privacy as a fundamental right under Article 21.
    • In Association for Democratic Reforms v. Union of India (2024), the Supreme Court unanimously struck down the Union’s 2018 Electoral Bond Scheme, ruling it unconstitutional for violating voters’ right to information under Article 19(1)(a) of the Constitution. It also safeguarded individuals from arbitrary actions by the state.
    • Despite these advancements, the judiciary grapples with a significant backlog of approximately 82,000 cases. This inefficiency undermines public trust and access to justice, costing the economy around 1.5% of GDP annually due to delays in legal proceedings.
    • Since Chief Justice Sanjiv Khanna took over in November 2024, there has been a focus on reducing the number of pending cases, leading to a 16% increase in case resolutions shortly after his appointment. This shows a commitment to improving judicial efficiency.
    • While judicial activism has led to important protections for fundamental rights, critics argue that it sometimes encroaches on legislative authority. Recent rulings have sparked debates about the separation of powers and whether the judiciary is overstepping its bounds in policymaking.

    What contemporary threats to personal liberty exist and what measures can be taken to address them?

    • Preventive Detention Laws: The misuse of preventive detention laws allows authorities to detain individuals without trial, often based on vague justifications. Recent Supreme Court rulings in Jaseela Shaji vs. Union of India (2024) emphasizes that preventive detention laws must be applied sparingly and only in exceptional circumstances, yet their routine use persists, raising concerns about arbitrary detention.
    • Arbitrary Arrests: Law enforcement agencies frequently arrest individuals under stringent laws like the Prevention of Money Laundering Act and the Unlawful Activities Prevention Act, often without sufficient evidence. This practice undermines the presumption of innocence and leads to prolonged custody.
    • Censorship and Freedom of Expression: The government has increased censorship of media and online platforms, blocking websites and social media accounts that criticize it or document hate speech against minorities. This curtails freedom of expression and restricts right to information.
    • Targeting Activists and Civil Society: Human rights activists and civil society organizations face harassment, including raids and cancellation of licenses under foreign funding laws. This stifles dissent and reduces accountability.
      • Further, India has the highest number of internet shutdowns globally, which disproportionately affects marginalized communities by denying them access to essential services.

    What measures are needed to address these threats?

    • Reforming Preventive Detention Laws: Stricter guidelines should be established for the application of preventive detention, ensuring that it is used only in genuine emergencies.
    • Strengthening Judicial Oversight: Courts should rigorously scrutinize arrests made under stringent laws to protect individuals’ rights and ensure fair trials.
    • Protecting Freedom of Expression: Legislative measures should be enacted to safeguard media freedom and prevent arbitrary censorship, ensuring that journalists can operate without fear of reprisals.
    • Supporting Civil Society: The government should foster an environment where civil society organizations can operate freely without undue interference or harassment.
    • Ensuring Internet Access: Policies should be implemented to prevent unjustified internet shutdowns, ensuring that all citizens have access to information and essential services.

    https://www.thehindu.com/opinion/lead/at-75-constitutional-justice-and-personal-liberty/article69137125.ece

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  • Death Penalty Abolition Debate

    Clamour for death penalty for R G Kar convict is self-defeating

    25 January 2025 | Explained | Polity
    Mains Paper 2: GS2-01. Indian Constitution-Historical underpinnings & evolution; Features, amendments, significant provisions, basic structure of Constitution

    Why in the News?

    A Kolkata court sentenced Sanjay Roy to life imprisonment for the rape and murder of a 31-year-old doctor in August 2024, despite widespread public demand for the death penalty.

    What are the current statistics around the Death Penalty in India?

    • As of the Annual Statistics Report 2023, 561 prisoners are under a sentence of death in India.
    • Despite the significant number of death sentences, India sees more than 31,000 reported rape cases annually, indicating a mismatch between the deterrent effect of capital punishment and the reality of crime rates.
    • The death penalty in India is often seen as disproportionately applied to the poor and marginalized sections of society.

    What are the key arguments around the Death Penalty (For/Against)?

    The arguments in favour of the death Penalty:

    • Retribution and Justice: Supporters argue that the death penalty serves as a just punishment for the “rarest of rare” cases, especially for heinous crimes like rape and murder. The desire for justice for victims and their families, including a sense of closure, is often emphasized.
    • Deterrence: Some proponents believe that the death penalty deters heinous crimes, particularly acts of violence like murder and rape, by instilling fear of the ultimate punishment.
    • Public Sentiment: In the case of particularly gruesome crimes, public outcry demands strong actions like the death penalty, seeing it as a symbol of societal moral condemnation.

    The arguments against the death penalty:

    • Moral and Existential Arguments: The death penalty is viewed as an act of violence, and critics argue that one form of violence cannot be justified as a solution for other forms of violence. It is considered inhumane and degrading by organizations like Amnesty International.
    • Ineffectiveness as a Deterrent: Studies from countries that have abolished the death penalty (e.g., Denmark, Norway, the Netherlands) show no significant rise in crime rates, indicating that the death penalty does not effectively deter crime more than life imprisonment or other punishments.
    • Disproportionate Application: The death penalty is disproportionately applied to the poor, marginalized, and downtrodden, as opposed to affluent or powerful individuals, raising concerns about systemic injustice.
    • Diverts Focus from Structural Issues: Instead of focusing on capital punishment, critics argue the real issue lies in the cultural normalization of violence and toxic masculinity, which drives crimes like rape and murder. Emphasis should be on education, socialization, and cultural transformation.

    What are the key reforms and guidelines established after the Bachan Singh v. State of Punjab Case?

    • Rarest of Rare Doctrine: The Supreme Court, in Bachan Singh v. State of Punjab, ruled that the death penalty should only be imposed in the “rarest of rare” cases. This ruling set a framework for judicial discretion in sentencing, ensuring that the death penalty is applied only in cases where the crime is so grave that life imprisonment would not suffice.
    • Guidelines for Sentencing: The court sets guidelines to determine whether a crime warrants the death penalty, including the nature of the crime, the circumstances, and whether the accused is beyond reform or rehabilitation. It emphasized considering the “mitigating factors,” such as the background of the accused.
    • Judicial Review: The ruling clarified that the death sentence must be subject to judicial review and that higher courts must ensure that the death penalty is only handed out after thorough deliberation on all aspects of the case.
    • Focus on Rehabilitation: The case pointed towards the importance of rehabilitation, requiring courts to assess the potential for the accused to reform before considering a death sentence.

    Way forward: 

    • Strengthening Judicial Scrutiny and Transparency: To ensure the death penalty is applied fairly and consistently, there should be enhanced judicial oversight which includes a thorough review of sentencing decisions at multiple levels.
      • This could involve greater emphasis on mitigating factors and the potential for rehabilitation, ensuring that capital punishment is reserved for the “rarest of rare” cases.
    • Focus on Preventive Measures and Social Reform: Rather than relying solely on the death penalty, efforts should be redirected toward addressing the root causes of heinous crimes.
      • This includes tackling societal issues such as gender inequality, toxic masculinity, and cultural normalization of violence, while investing in education, social reform, and stronger support systems for survivors of violence.

    Mains PYQ:

    Q Instances of President’s delay in commuting death sentences has come under public debate as denial of justice. Should there be a time specified for the President to accept/rejectsuch petitions? Analyse. (UPSC IAS/2014)

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  • Foundational values, the journey of the Indian state

    25 January 2025 | Explained | Polity
    Mains Paper 2: GS2-01. Indian Constitution-Historical underpinnings & evolution; Features, amendments, significant provisions, basic structure of Constitution

    Why in the News?

    As we mark 75 years since the Constitution of India came into effect, it’s important to look back and assess how the country has followed its core values before deciding the way forward.

    What are the foundational values that define the Indian state?

    • Sovereignty, Democracy, and Republic: The Constitution of India guarantees the sovereignty of the nation and democratic governance by the people through elected representatives.
    • Liberty, Equality, and Fraternity: These values are enshrined in the Preamble and reflect the commitment to social democracy.
    • Justice: Social, economic, and political justice is emphasized to create an inclusive society.
    • Federalism: Though not explicitly mentioned, federalism underpins the constitutional framework, balancing powers between the Union and States.
    • Secularism: Ensures the separation of religion and state, guaranteeing religious freedom and equality.
    • Rule of Law: Establishes the supremacy of the Constitution and equality before the law.
    • Unity in Diversity: Encourages harmony and fraternity among diverse cultural, linguistic, and regional groups.

    How have recent legislative and political changes impacted India’s commitment to these values?

    • Secularism: India’s constitutional commitment to secularism has been challenged by the laws related to religious identity.
      • The Citizenship Amendment Act (CAA), 2019, which provides citizenship to persecuted religious minorities from neighboring countries but excludes Muslims, has raised concerns about violating Article 14 (Right to Equality) and the secular ethos of the Constitution.
    • Social Justice: The push for affirmative action through reservations continues, but new measures have sparked debates about inclusivity.
      • The introduction of the Economically Weaker Sections (EWS) reservation (103rd Constitutional Amendment) raised debates over its exclusion of marginalized communities already under the SC/ST/OBC reservation framework, potentially diluting the focus on caste-based historical injustices.
    • Federalism: Legislative changes have altered the balance between the Union and states, raising concerns about cooperative federalism.
      • The abrogation of Article 370 in Jammu and Kashmir and its reorganization into Union Territories in 2019 was criticized for bypassing the state legislature, raising questions about federalism under Article 1 and Article 370.
    • Freedom of Speech and Expression: Political changes have led to an environment where dissent and criticism of the government are often met with punitive action.
      • The use of sedition laws under Section 124A of the IPC and the Unlawful Activities (Prevention) Act (UAPA) against journalists and activists has raised concerns about stifling democratic dissent.
    • Inclusive Development: Legislative efforts to boost development have sometimes led to neglect of environmental sustainability and marginalized communities.
      • The Forest Rights Act (FRA), 2006, intended to protect the rights of tribal communities, has faced dilution through recent amendments to environmental laws, prioritizing infrastructure over community rights.
    • Equality and Gender Justice: Legislative progress has been seen, but gaps remain in implementation.
      • The Criminal Law (Amendment) Act, 2018, which introduced stringent punishment for crimes against women, shows legislative intent. However, underreporting and delayed justice continue to challenge gender equality.

    What steps can be taken to reinforce India’s foundational values moving forward? (Way forward)

    • Strengthening Judicial Oversight and Constitutional Safeguards: To reinforce India’s foundational values, it is essential to strengthen the role of the judiciary in safeguarding constitutional rights to ensure that laws and policies align with the principles of equality, secularism, and justice.
    • Inclusive and Transparent Policy Making: Policies should be designed to foster inclusive development, ensuring that marginalized communities are not left behind.
    • Strengthening Inclusive Governance and Social Justice: Ensure that affirmative action policies, including reservations, are consistently aligned with the principle of social justice, addressing the historical and contemporary needs of marginalized communities.
    • Promoting Secularism and Protecting Fundamental Rights: Strengthen and uphold the secular fabric of the nation by ensuring that laws and policies respect religious diversity and equality, in line with the Constitution’s guarantees.

    Mains PYQ:

    Q What was held in the Coelho case? In this context, can you say that judicial review is of key importance amongst the basic features of the Constitution? (UPSC IAS/2016)

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