Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Issues with the Personal Data Protection Bill
Context
The Joint Committee report on the Bill has failed to provide robust draft legislation ensuring the privacy of citizens.
Background of the Personal Data Protection Bill
- The Puttaswamy judgment held that the right to privacy is a fundamental right.
- The Puttaswamy judgment and the Justice B.N. Srikrishna committee report led to the Personal Data Protection Bill of 2019.
- The Joint Committee report on the Bill has failed to provide a robust draft legislation ensuring the privacy of citizens.
Issues with the Joint Committee report on Personal Data Protection Bill
- Division into Government and private domains: The report has divided the digital world into two domains — government and private.
- This division is based on the presumption that the question of right to privacy emerges only where operations and activities of private entities are concerned.
- Exemption to government and government agencies: Clause 12 of the Bill provides exemptions for the government and government agencies and Clause 35 exempts government agencies from the entire Act itself.
- Clause 12, which says personal data can be processed without consent for the performance of any function of the state, is an umbrella clause that does not specify which ministries or departments will be covered.
- The issue with the defining harm: The Bill says, “harm includes any observation or surveillance that is not reasonably expected by the data principal”.
- This means if you install any software in your computer and the software violates the principle of privacy and data get leaked, the complaint of the data principal will not be legally tenable as the defence will be that ‘once you have installed the software, you should have reasonably expected this level of surveillance’.
- The government can use these provisions as a means of control and surveillance.
- The Committee has failed to provide formidable firewalls to protect the privacy of individuals and has also carved out a mechanism for government control over personal data.
- Against the Supreme Court judgement: The provisions are ultra vires of the judgment on privacy.
- Inclusion of non-personal data harms the economy: By including non-personal data within the ambit of the Bill, the Joint Committee has put a huge compliance burden on the economy.
- This will hit the MSME sector and small businesses harder as technical processes involving data-sharing are very expensive.
- The government-constituted panel headed by S. Gopalkrishnan also opposed the idea of including non-personal data in the Bill.
- Mandatory data localisation, it is estimated, will squeeze the economy by 0.7-1.7%.
- Hamper the smooth cross-border flow of data: This may also invite similar measures by other sovereign countries which will hamper smooth cross-border flow of data.
Concerns with the Data Protection Authority
- For compliance with the provisions of the Act, a data protection authority (DPA) has to be appointed.
- It is doubtful whether a single authority will be able to discharge so many functions in an efficient manner.
- Concern with appointment: Unlike the Justice Srikrishna committee report which provided for a judicial overlook in the appointments of the DPA, the Bill entrusts the executive with the appointments.
- Although the Joint Committee report expanded the committee, the power to appoint the panelists vests with the Central government.
- Lack of independence: Clause 86 says, “Authority should be bound by the directions of the Central Government under all cases and not just on questions of policy”.
- This weakens its independence and gives the government excessive control.
- Violation of federalism: There is internal data flow and the States are key stakeholders in the process.
- Even if the proposed central authority issues directions to allow processing of data on the grounds of ‘public order’, it is important to note that ‘public order’ is an entry in the State List.
Consider the question “What are the issues with the provision in the Personal Data Protection Bill, 2019? Suggest the way forward.”
Conclusion
The report has raised more questions than it has solved. At the time of passage of the Bill, loopholes must be plugged so that India can have a robust data protection law.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Online abuse of Women
Taking cognizance of multiple complaints that photographs of women had been posted on a mobile app (with a very informal slang name) for fake auctions, the police in Delhi and Mumbai have registered cases.
What is the controversy?
- Hundreds of women in India including journalists, social workers, and other prominent personalities found their images and derogatory content about them on a new app.
- The app was created on hosting platform Github, offered an online “auction” of women (esp from a particular community).
- This controversy is part of the routine harassment women faced on social media in an increasingly polarized communal environment.
Online Abuse of Women
- Online abuse includes a diversity of tactics and malicious behaviors ranging from:
- Sharing embarrassing and cruel content about a person to impersonation
- Stalking and electronic surveillance
- Nonconsensual use of photography
- Violent threats and hate speech
- Defamation
- Flaming- use of vitriolic and hostile messages including threats, insults
- Trolling
- The online harassment of women, sometimes called Cybersexism or cybermisogyny, is specifically gendered abuse targeted at women and girls online.
- It incorporates sexism, racism and religious prejudice.
Recent controversy: A critical case of abuse
- The app is clearly an example of online trolling where the dignity and modesty of a woman is highly downgraded.
- This has not been the very first time. Earlier, no arrests were ever made showing Police inaction.
- The authorities were using the Mutual Legal Assistance Treaty (MLAT) to obtain information about the creators of such apps from California-based GitHub.
Legal provisions against such Crimes
For making arrests, the police have invoked Sections 153A, 153B, 295A, 354D, 500 and 509 of the Indian Penal Code (IPC) and Section 67 of the Information Technology Act.
- Section 153A pertains to the offence of promoting enmity between different groups on grounds of religion, etc., and doing acts prejudicial to the maintenance of harmony
- Section 153B relates to imputations, assertions prejudicial to national-integration
- Section 295A provides punishment for deliberate and malicious acts intended to outrage religious feelings
- Section 354D provides that any man who monitors the use by a woman of the internet, email or any other form of electronic communication with malintent, commits the offence of stalking.
- Section 500 defines the punishment for defamation
- Section 509 addresses the offence of word, gesture or act intended insulting the modesty of a woman
- Section 67 of the IT Act lays down the punishment for publishing or transmitting obscene material in electronic form
Penalty for such crime
- The first conviction attracts imprisonment up to three years and fine up to ₹5 lakh and the second or subsequent conviction may lead to imprisonment up to five years and fine that may extend to ₹10 lakh.
What are the other provisions related to cybercrimes?
- Section 66E of the IT Act prescribes punishment for violation of privacy.
- Also, sections 354A (sexual harassment and punishment for sexual harassment) and 354C (voyeurism) of the IPC were introduced along with sections 354B and 354D in 2013.
- These may also be applied in conjunction with the relevant IT Act provisions, based on the nature of the offence.
What are the responsibilities of intermediaries like social media platforms?
- As of now, the intermediaries are not liable for any third-party data or communication link hosted or stored by them.
- They are required to retain the requisite data for duration as prescribed by the Government and supply the same to the authorities concerned, as and when sought.
- Any contravention attracts punishment as prescribed under the IT Act.
Additional steps been taken
- The Ministry of Electronics and Information Technology notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
- Its provision —“Due diligence by intermediaries and grievance redressal mechanism” —requires them to inform their users not to host, display, upload, modify, publish, transmit, store, update or share any illegal information.
- They include contents that are defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, etc.
- The intermediaries, on the direction of the court or appropriate government agency, are prohibited from hosting, storing or publishing any information declared unlawful.
- Within 24 hours from the receipt of a complaint from, or on behalf of, an individual about any offensive content, they are required to take all reasonable and practicable measures to remove or disable access to it.
Way forward
- The government can take action beyond passing and enforcing platform regulations.
- It can promote digital education to recognize and report inappropriate online conduct and to communicate respectfully online.
- Social media companies have the primary responsibility to prevent the amplification of online abuse and disinformation.
Conclusion
- Gender-based harassment is marked by the intent of the harasser to denigrate the target on the basis of sex.
- But this proliferation of online harassment of women has now incorporated religious polarization.
- This is very harmful for the existing communal harmony of the nation in the long run.
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From UPSC perspective, the following things are important :
Prelims level: Read the attached story
Mains level: States Legislature
The Election Commission of India has announced dates for Assembly elections in Uttar Pradesh, Uttarakhand, Punjab, Goa and Manipur.
Why conduct elections even during COVID outbreak?
- Article 172(1) of the Constitution sets a five-year term for each Assembly.
- Any postponement of Assembly elections may result in a situation that denies people of that State the right to elect an accountable government of their choice.
States Legislature : A detail background
- The State Legislative Assembly is a legislative body in the states and union territories of India.
- In the 28 states and 3 union territories with a unicameral state legislature, it is the sole legislative body and in 6 states it is the lower house of their bicameral state legislatures with the upper house being Legislative Council.
- 5 UTs are governed directly by the Union Government of India and have no legislative body.
Term of reference
- Each Member of the Legislative Assembly (MLA) is directly elected to serve 5 year terms by single-member constituencies.
- The Constitution of India states that a State Legislative Assembly must have no less than 60 and no more than 500 members.
- However an exception may be granted via an Act of Parliament as is the case in the states of Goa, Sikkim, Mizoram and the union territory of Puducherry which have fewer than 60 members.
- A State Legislative Assembly may be dissolved in a state of emergency, by the Governor on request of the Chief Minister, or if a motion of no confidence is passed against the ruling majority party or coalition.
State Executive
- State Executive consists of Governor and the Council of Ministers with the Chief Minister as its head.
- Executive power of the state is vested in Governor.
- He/She is appointed by the President for a term of five years and holds office during his pleasure.
- Only Indian citizens above 35 years of age are eligible for appointment to this office.
- The Chief Minister is appointed by the Governor, who also appoints other ministers on the advice of the CM.
Powers and Functions
State legislature has exclusive powers over subjects enumerated in the State List and Concurrent Lists (List II of the Seventh Schedule) of the Constitution and concurrent powers over those enumerated in sub List III.
(1) Regarding Ordinary Laws
- Ordinary bills can be introduced in either of the two houses in case the State Legislature is bicameral, however, the Money Bill has to initially be introduced in the Vidhan Sabha.
- The State Legislature can formulate laws on the subject of State and Concurrent Lists.
- However, in case there is any contradiction between the Union and State law, the law decided by the Parliament shall prevail.
(2) Financial Powers
- Financial powers of legislature include authorization of all expenditure, taxation and borrowing by the state government.
- The Legislative Assembly alone has the power to originate money bills.
- The Legislative Council can only make recommendations in respect of changes it considers necessary within a period of fourteen days of the receipt of money bills, which can accept or reject these recommendations.
Role of Governor
- The Governor of a state may reserve any Bill for the consideration of the President.
- No Bills seeking to impose restrictions on inter-state trade can be introduced in a state legislature without the previous sanction of the President.
Try this PYQ:
Q. Which one of the following suggested that the Governor should be an eminent person from outside the State and should be a detached figure without intense political links or should not have taken part in politics in the recent past?
(a) First Administrative Reforms Commission (1966)
(b) Rajamannar Committee (1969)
(c) Sarkaria Commission (1983)
(d) National Commission to Review the Working of the Constitution (2000)
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Inner Line Permit System
Mains level: Issues with ILP system
A petition has been filed in the Supreme Court opposing the implementation of the Inner Line Permit System (ILPS) in Manipur.
What is Inner Line Permit?
- A concept drawn by colonial rulers, the Inner Line separated the tribal-populated hill areas in the Northeast from the plains.
- The concept originates from the Bengal Eastern Frontier Regulation Act (BEFR), 1873.
- To enter and stay for any period in these areas, Indian citizens from other areas need an Inner Line Permit (ILP).
- Arunachal Pradesh, Nagaland and Mizoram are protected by the Inner Line, and lately, Manipur was added (in December last year).
Its’ Inception
- The policy of exclusion first came about as a response to the reckless expansion of British entrepreneurs into new lands which threatened British political relations with the hill tribes.
- The BEFR prohibits an outsider’s — “British subject or foreign citizen” — entry into the are beyond the Inner Line without a pass and his purchase of land there.
- On the other hand, the Inner Line also protects the commercial interests of the British from the tribal communities.
- After Independence, the Indian government replaced “British subjects” with “Citizen of India”.
- Today, the main aim of the ILP system is to prevent settlement of other Indian nationals in the States where the ILP regime is prevalent, in order to protect the indigenous/tribal population.
Why need ILP?
- Despite the fact that the ILP was originally created by the British to safeguard their commercial interests, it continues to be used in India.
- It aims to protect tribal cultures in northeastern India.
- There are different kinds of ILP’s, one for tourists and others for people who intend to stay for long-term periods, often for employment purposes.
- ILP’s valid for tourism purposes are granted as a matter of routine.
Issues with ILP
- It has been extensively used to restrict the entry of tribals.
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From UPSC perspective, the following things are important :
Prelims level: EWS Quota
Mains level: Hurdles to EWS quota
The government has accepted the report by a committee under the Ministry of Social Justice and Empowerment, which examined the income criteria for determining who are to be included among the EWS.
EWS Quota: A Backgrounder
- On July 29 last year, the Centre had issued a notification for implementing 10% reservation for EWS along with 27% for OBC within these courses.
- Following the petitions, the Supreme Court has stayed counseling for admission until the matter is decided.
- The NEET notification followed the same criteria for determining EWS as mentioned in a notification from the Department of Personnel and Training (DoPT).
Inception of EWS Quota
- EWS reservation was granted based on the recommendations of a commission headed by Major General (retd) S R Sinho.
- The Commission for Economically Backward Classes was constituted by the then UPA government in 2005, and submitted its report in July 2010.
- Based on this, the Cabinet in January 2019 decided to amend the Constitution (103rd Amendment) to provide reservation to EWS.
Prime basis: Income criteria
- The criteria include a Rs 8 lakh income ceiling for inclusion in EWS — which is the same as the criterion for deciding the “creamy layer” among the OBCs (those who are not in government).
- The notification said income shall include income from all sources i.e. salary, agriculture, business, profession, etc for the financial year prior to the year of application.
- Another criterion is that a person whose family owns or possesses 5 acres of agricultural land or more will be excluded from EWS.
Why was the new committee constituted?
- The committee aimed to revisit the criteria for determining the economically weaker sections in terms of the provisions of the explanation to Article 15 of the Constitution.
- It followed the Supreme Court’s observation that the income criterion for determining EWS was “arbitrary”.
- The Supreme Court is presently hearing a number of petitions, including a special leave petition filed by the Centre against a Madras HC order on EWS and OBC reservation in the all-India quota for NEET.
Key recommendations
- The report says that the “threshold of Rs 8 lakh of annual family income, in the current situation, seems reasonable for determining EWS”.
- The committee has recommended that EWS may, however, exclude, irrespective of income, a person whose family has 5 acres of agricultural land and above.
- The committee has removed the criteria that excluded some categories from EWS:
- Owners of residential properties of 1,000 sq ft and above
- Residential plots of 100 sq yards and above in notified municipalities
- Residential plots of 200 sq yards and above in areas other than the notified municipalities
How does it address the questions raised by the Supreme Court?
- The Supreme Court has earlier questioned the basis of Rs 8 lakh criteria and termed it arbitrary without any substantiation.
- It asserted that this criteria is similar to that of Creamy Layer in OBCs.
What did the committee say on Income Criteria?
- The committee’s report now states the two sets of criteria are significantly different despite both using the Rs 8 lakh cut-off and that the criteria for the EWS.
- EWS criteria are much more stringent than those for the OBC creamy layer.
- The report justifies this income limit, stating that Rs 8 lakh cut off also has a link with the income tax exemption limit.
- It would, therefore, be logical to use the income tax exemption limit to determine the threshold for EWS.
Tap here to read more about:
[Sansad TV] Perspective: Defining EWS
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Draft Regional Plan 2041
Mains level: Issues with the plan
Many environment analysts and activists has offered objections to the Draft Regional Plan-2041 for National Capital Region (NCR).
Draft Regional Plan 2041
- The National Capital Region Planning Board had sought objections and suggestions to the Draft RP-2041 from public.
- Under the NCRPB plan, Delhi, two districts of Rajasthan, eight districts of Uttar Pradesh and 14 districts of Haryana are covered. In all, it covers an area of around 55,083 square kilometres.
- The plan paves the way for a future-ready and slum-free NCR comprising of facilities like air ambulance, high-speed connectivity by means of rail, road, Heli taxis, and inland waterways.
Key provisions
- This plan puts special impetus on 30-minute connectivity by means of super-fast trains within major cities of NCR.
- It also proposes to explore feasibility of 30-minute Mass Transit Rail System (MTRS) from boundaries of NCR to Delhi.
- The plan seeks to make NCR a smart connected region by improving connectivity using bullet trains, smart roads, and helitaxi services.
- It will evolve the region into an economically prosperous region comprising of citizen centric harmonious infrastructure.
- It laid emphasis on circular economy of water & air quality improvements, improving environment conservation.
Need for the plan
- There was a need to ease out traffic congestions and create more integrated, accessible, user-centric and affordable transportation system.
Various objections with the Plan
- The plan excludes the terms “Aravalli” and “forest areas” from the Natural Conservation Zone (NCZ).
- The Aravallis were an integral part of the NCZ in the current Regional Plan-2021.
- This has left Aravallis open to unlimited real estate construction.
- Similarly, the phrase “forest areas” has been deleted from the NCZ also. This will drastically reduce the forest cover that is eligible for NCZ zoning protection.
Why Aravallis matters?
- The Aravallis are home to over 400 species of native trees, shrubs and herbs, more than 200 native and migratory bird species, and wildlife that includes leopards, jackals, hyenas, mongoose and civet cats.
- They are crucial to groundwater recharge, which is significant given the water scarcity the region faces during harsh summer months.
- The thick forest cover helps to naturally purify air in a region plagued by high levels of vehicular and industrial pollution through the year.
Back2Basics: Aravali Range
- The Aravali is a mountain range in Northwestern India, running approximately 670 km in a southwest direction, starting near Delhi, passing through southern Haryana and Rajasthan, and ending in Gujarat.
- The highest peak is Guru Shikhar at 1,722 meters.
- The Aravalli Range, an eroded stub of ancient mountains, is the oldest range of fold mountains in India.
- The natural history of the Aravalli Range dates back to times when the Indian Plate was separated from the Eurasian Plate by an ocean.
- Three major rivers and their tributaries flow from the Aravalli, namely Banas and Sahibi rivers which are tributaries of Yamuna, as well as Luni River which flows into the Rann of Kutch.
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From UPSC perspective, the following things are important :
Prelims level: Veer Bal Divas
Mains level: Not Much
Prime Minister has declared that December 26 shall henceforth be marked as Veer Baal Diwas to pay homage to the courage of the Sahibzades, four sons of Guru Gobind Singh, the last Sikh guru.
What is the legend of Sahibzades?
- The word “Sahibzada” means “son” in Punjabi and is a term commonly used to refer to the 4 sons of Guru Gobind Singh, the tenth Sikh Guru.
- The week of 21 to 27 December is celebrated as the Sacrificial Week in memory of the four Sahibzadas who made sacrifices for the protection of Sikhism and Hinduism.
- Sahibzada Ajit Singh, Jujhar Singh, Zorawar Singh and Fateh Singh got martyrdom while saving their religious faiths against forceful conversion.
Their martyrdom: A backgrounder story
- After the establishment of the Khalsa Panth, Guru Gobind Singh left the fort of Sri Anandpur Sahib with his family on 20-21 December 1704 to fight the invasion by Aurgangzeb.
- The elder sahibzade Ajit Singh, Jujhar Singh stayed with Guru ji, while the younger sons Zorawar Singh and Fateh Singh were with Mata Gujri ji.
- Subedar Wazir Khan of Sirhind arrested the two Sahibzades subsequently and lured them for religious conversion.
- In the end, it was announced to get them elected in the living walls.
- The rest two sahibzades got assassinated in the battle of Chamkaur (1705).
Implications of their martyrdom
- When the news of this reached Guruji, he wrote a zafarnama (letter of victory) to Aurangzeb, in which he warned Aurangzeb that the Khalsa Panth was ready to destroy your empire.
- Baba Banda Singh Bahadur took revenge for the martyrdom of Guruji’s Sahibzadas.
- He punished Wazir Khan for his deeds in Sirhind and established Sikh hegemony over the entire area.
- The result of this sacrifice was that later a large Sikh empire emerged under the leadership of Maharaja Ranjit Singh.
A historic event in Indian History
- This event is an important part of Indian history and the occasion of their martyrdom is remembered and commemorated both with great vigor and sorrow.
- The names of Sahibzades are reverently preserved and are recalled every time Ardas (prayer) of supplication is recited at a congregation or privately by an individual.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Synapses, Human Brain
Mains level: NA
Recent work by researchers at the National Centre of Biological Sciences, Bengaluru, has thrown light on what stimulates the synapses (connection of nerve cells) to form.
What are Synapses?
- Neurons, or nerve cells, in the brain connect by means of junctions known as synapses through which they transmit signals.
- There are two types of synapses – chemical and electrical:
(1) Chemical Synapse
- In this, there is a space of about 20 nanometres between two neurons, and the way they communicate is this: One neuron converts electrical signal into chemical signals.
- This chemical is released into the synaptic space and the receiving neuron converts the chemical signal back into an electrical signal.
(2) Electrical synapse
- In these synapses, the two neurons have a physical connection and the conversion of electrical to chemical need not occur, and they communicate directly.
- Electrical synapses are like a physical wire, communication is faster but they are also fewer in number.
Observing these synapses
- Researchers from TIFR-National Centre of Biological Sciences, Bengaluru, have chosen Zebrafish as a model organism to study this process.
- Zebrafish are transparent and neuron development in larval zebrafish can be observed from day to day by injecting a dye or by engineering the fish to express fluorescent proteins.
- It was observed that electrical synapses are formed before chemical synapses, they are like a blueprint in which neurons make a handshake. This results in the making of chemical synapses.
- Research on organisms such as leeches showed that if you remove electrical synapses, the chemical synapses do not form.
- However, the mechanism of how it happens in higher organisms such as vertebrates was not known.
What induces these synapses?
- The group observed that knocking out a particular protein known as the gap junction delta 2b (gjd2b) in the cerebellum of zebrafish affected levels of the enzyme CaMKII.
- Levels of CaMKII were seen to increase in the Purkinje neurons in the cerebellum.
- These neurons and the cerebellum itself control coordination of movements in the organism.
Why study this?
- In humans for example, excess abuse of alcohol leads to damage of these cells, which results in lack of coordination in movement.
- The cerebellum shows an evolutionary continuity in all vertebrates, so, too, the Purkinje neurons.
- Even though fish and humans diverged from a common ancestor about 500 million years ago, the cerebellum has been evolutionarily conserved.
- While zebrafish have about 300-400 Purkinje neurons, humans have thousands of these.
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From UPSC perspective, the following things are important :
Prelims level: Orang NP
Mains level: NA
The Assam government has recently issued a preliminary notification for adding 200.32 sq. km to the 78.82 sq. km Orang National Park, the State’s oldest reserve, about 110 km northeast of Guwahati.
The government had in September 21 dropped the ‘Rajiv Gandhi’ prefix to Orang given by the government in 1992.
Orang National Park
- Orang NP is located on the northern bank of the Brahmaputra River in the Darrang and Sonitpur districts of Assam.
- It was established as a sanctuary in 1985 and declared a national park in 1999.
- It has a rich flora and fauna, including great Indian rhinoceros, pygmy hog, Asian elephant, wild water buffalo and Bengal tiger.
- Orang, on the northern bank of the river, is strategic to the Kaziranga Orang Riverine Landscape.
- Tigers and rhinos are known to use the islands in this riverine landscape, about 180 km long, to hop between Orang and Kaziranga.
Why in news?
- The Assam government is pursuing a policy for the reintroduction of the gharial that became locally extinct more than six decades ago.
- With better protection, the stretch of the Kaziranga-Orang landscape is ideal for sustaining the gharials.
Back2Basics: National Park
- Even before the Indian independence, sanctuaries had been created in the form of shooting blocks, game reserves or hunting reserves by the provisional governments or by the native rulers in their respective areas.
- In 1936, the first National Park in India was created and named as the Hailey National Park, now called the Corbett National Park, in Uttaranchal.
- The Wildlife Protection Act 1972 provides for the declaration of five types of protected areas viz. National Parks, Wildlife Sanctuaries, Community Reserves, Conservation Reserves and Tiger Reserves.
- A National Park is defined by state government via notification under the WPA.
- The state government can fix and alter boundaries of the National Parks with prior consultation and approval with National Board of Wildlife.
- There is no need to pass an act for alternation of boundaries of National Parks.
- No human activities are permitted in a National Park.
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From UPSC perspective, the following things are important :
Prelims level: Section 498A
Mains level: Paper 2-Mediation Bill 2021
Context
The Mediation Bill, 2021 was introduced in Parliament in December 2021. It seeks to ‘promote mediation (including online), and provide for enforcement of settlement agreements resulting from mediation’.
Need to popularise mediation
- The Chief Justice of India (CJI), N.V. Ramana, had said that mediation should be made mandatory as a first step in dispute resolution and that a law should be framed in this regard.
- He emphasised the point that a movement needs to be launched to popularise mediation as it was a cheaper and faster dispute resolution mechanism.
- He said that courts should be the last resort for dispute resolution; therefore, one should explore the options of alternate dispute resolution.
- The Tamil Nadu Mediation and Conciliation Centre, an initiative of the Madras High Court and India’s first court-annexed facility with a mediation centre in every district, has significantly reduced the pendency of referred cases.
Which laws in India allow mediation?
- Mediation finds legitimacy in some specific laws such as:
- The Code of Civil Procedure, 1908, the Arbitration and Conciliation Act, 1996,
- The Companies Act, 2013,
- The Commercial Courts Act, 2015,
- The Consumer Protection Act, 2019,
- However, there is no standalone legislation as yet.
How the provisions of Mediation Bill 2021 will help in improving the law and order situation
- The bill seeks to promote mediation (including online), and provide for enforcement of settlement agreements resulting from mediation’.
- In case of civil or commercial disputes, a person must try to settle the dispute by mediation before approaching a court or tribunal.
- Improving the law and order situation: There are certain provisions in the Bill which may help in improving the law and order situation in a locality and/or encourage compounding of criminal offences.
- First, Section 7 of the Bill says that courts will be competent to refer any dispute to mediation relating to compoundable offences or matrimonial offences connected with or arising out of civil proceedings between the parties.
- Second, Section 44 of the Bill provides for ‘any dispute likely to affect peace, harmony and tranquillity amongst the residents or families of any area or locality, to be settled through community mediation.
- Third, the provisions of the Act shall not have the overriding effect, inter alia, on the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
- Promote friendliness: Section 320 in the Code Of Criminal Procedure (CrPC) provides for the compounding of certain criminal offences which shall have the effect of acquittal of the accused.
- Here, the policy of the law is to promote friendliness between the parties so that peace between them is restored.
- Relieving the pressure on the police: Many criminal offences are a result of the fact that civil or commercial disputes could not be resolved amicably and in time.
- The police at times take minor cases lightly or reduce the seriousness of crime by converting a cognisable offence into a non-cognisable one.
- Therefore, the proposed law of mediation, that has the mechanism of not only preventing the breakdown of law and order through community intervention but also the competence to smoothen the route to compounding of certain criminal offences, may ultimately relieve some of the pressure on the police also.
Some laws are left out of the scope of Mediation Bill 2021
- Law to prevent sexual harassment of women at workplace: The law to prevent the sexual harassment of women at the workplace has probably been kept out of its scope so that an internal or local complaint committee is able to take up conciliation and close the case locally without involving a third party and detailed procedure.
- Law on welfare of parents and senior citizens: The law on the maintenance and the welfare of parents and senior citizens has also been kept out of its scope as offences under it are cognisable offences.
Way forward
- The Supreme Court’s view: The Supreme Court of India has held that if there is a composition of an offence during investigation, the parties can either approach the court or the police.
- Increasing the compoundable offences: The number of offences that can be compounded may also be increased — particularly property offences.
- Keeping in view the recommendations of the Law Commission in its 243rd report, Section 498A of the Indian Penal Code, relating to cruelty by the husband or his relatives, can also be made compoundable.
- It may have far-reaching consequences in resolving matrimonial disputes.
Consider the question “What are the provisions of the Mediation Bill 2021 that could help relieve some of the pressure on law enforcement agencies?”
Conclusion
Though the proposed law primarily intends to resolve civil and commercial disputes through mediation, it has ample scope to relieve some of the pressure on law enforcement agencies.
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Back2Basics: What is a Compoundable and Non Compoundable offence in India
- Compoundable offences are those offences where, the complainant (one who has filed the case, i.e. the victim), enter into a compromise, and agrees to have the charges dropped against the accused.
- However, such a compromise should be a “Bonafide,” and not for any consideration to which the complainant is not entitled to.
- Compoundable offences are less serious criminal offences and are of two different types mentioned in tables in Section 320 of the Criminal Procedure Code, as follows:
- Court permission is not required: These are the offences, compounding of which do not require prior permission of the court.
- Court permission is required: These are the offences, compounding of which require prior permission of the court.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Discretionary power of Governor
Mains level: Paper 2- Governor-Government conflict
Context
Recent media reports about the confrontation between the Governors and the State governments, in Maharashtra and Kerala, have turned the spotlight on the rather delicate relationship between the constitutional head of the State and the elected government.
Recent incidents of confrontation
- In Maharashtra, the Governor refused to accept the date of election of the Speaker recommended by the State government.
- The Constitution has not assigned any role to the Governor in the election of the Speaker under Article 178, which is exclusively the job of the House.
- The Governor’s refusal to accept the date of election of the Speaker goes against the principles of constitutional government.
- In Kerala, the State Governor having reappointed the Vice Chancellor of Kannur University in accordance with the law, made an allegation that he was under pressure from the Government to reappoint the Vice Chancellor.
- In fact, he or she can accept suggestions from any person including the Leader of the Opposition in the Assembly.
- However, the Governor as Chancellor is not required to act on the advice of the Council of Ministers in the matter of appointment of Vice Chancellor and others in the university.
- He can act absolutely independently.
- Non-acceptance of the advice of the Council of Ministers too has been witnessed in Rajasthan as well as Maharashtra again.
- The Kerala High Court has clarified this legal point in Gopalakrishnan vs Chancellor, University of Kerala.
What explains the confrontational relationship between Governor and State Government?
- Historical background: It has something to do with the whole idea of the office of the Governor and its past history.
- In the colonial era, the Governor was the absolute ruler of the province.
- While making the Constitution, there were divergent views on the powers to be given to the Governor in the Constituent Assembly.
- There were members in the Assembly who wanted the Governor to be as powerful as the colonial-era Governors.
- Discretionary powers: Though B.R. Ambedkar was clear that the Governor should only be a constitutional head and the executive power should vest entirely in the elected government.
- He promoted the idea of vesting certain discretionary powers in the Governor.
- Why discretionary powers? In this respect he was guided by the thinking that the State governments are in subordination to the Union government and, therefore, the Governor should be given discretionary powers to ensure that they act so.
- So, ultimately, the Governor is given certain discretionary powers prescribed by or under the Constitution unlike the President of India who has not been given any such powers.
- Vagueness about actual powers: Further, Article 163 became a ‘blind reproduction of Section 50 of the Government of India Act 1935’ (H.V. Kamath).
- This exact reproduction of the provision in the Act of 1935 has, to a great extent, introduced a vagueness about the actual powers of the Governor vis-à-vis the elected government.
- This vagueness was corrected only with the Supreme Court of India stating the law in unambiguous terms in Shamsher Singh (1974).
- From Shamsher Singh to Nabam Rebia (2016) the Supreme Court declared that the Governor can, in the exercise of executive power of the state, act only on the aid and advice of the Council of Ministers “…save in a few well-known exceptional situations”.
Consider the question “The relationship between the Governor and Chief Minister has, even at the best of times, not been absolutely simple and tension free. What are the factors responsible for confrontation? Suggest the way forward.”
Conclusion
The Governor is a high constitutional authority. He needs to function within the four walls of the Constitution and be a friend, philosopher and guide to his government.
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From UPSC perspective, the following things are important :
Prelims level: Chumbi Valley
Mains level: Paper 2- What China's new boundary law mean for India?
Context
The latest in the series of aggressive Chinese actions is the use of lawfare through the passing of the “Land Boundary Law” on October 21 which became effective this week.
Background of the Chinese approach
- The last residue of the Qing dynasty was wiped out in the 1911 revolution when China was established as a republic.
- The republic was again overthrown in 1949 by the Chinese Communist Party.
- Three successive Chinese governments in China refused to delineate or demarcate the boundary with either Tibet or India.
- British archival records, many declassified points to attempts made by Imperial Britain to formally formulate a boundary with China.
- Yet, all three regimes were united in their refusal to accept a formal limiting of China’s territorial expanse and kept their response ambiguous.
- Even during the Simla Convention of 1913-14, when the Republic was ascendant in China, there was a vehement refusal to recognise any demarcation of boundaries between Tibet and China.
Strong-arm tactics against India
- Having operated from a maximalist position to settle its borders with 12 of its 14 neighbours so far, China has attempted to use the same strong-arm tactics with both India and Bhutan.
- It has offered to forgo its claims in the larger parts of North Bhutan in lieu of gaining a relatively smaller area in West Bhutan.
- Threat to Siliguri corridor: This seeming magnanimity is calculated to expand into the Chumbi Valley in the South, threatening the narrow and strategic Siliguri corridor in India.
- In its latest move, China has made a new claim on Sakteng sanctuary in Bhutan which may form a launchpad for future operations against Tawang in Arunachal Pradesh.
- China has also strengthened its collusion with Pakistan.
- There is a deliberate attempt by China to physically link with Pakistan in the Northern Areas by removing the Indian wedge of DBO, the doorway to the Karakoram Pass.
- A Training Mobilisation Order (TMO) issued by Xi Jinping in January 2020 called for “confrontational training” for its troops and officers to assess their preparedness, especially in light of the new reforms undertaken by the PLA.
- These factors seem to be the tactical beginnings of China’s grand strategy which also saw China flexing in the South China Sea and Taiwan, almost simultaneously.
China making use of lawfare and implications for India
- The latest in the series of aggressive Chinese actions is the use of lawfare through the passing of the “Land Boundary Law”.
- Formalises and legalises land Chinese grab: The law formalises and legalises China’s geographic creep towards Tawang, Arunachal Pradesh and parts of eastern Ladakh and creates conditions for using newly-constructed border villages close to the LAC for claiming sovereignty over disputed areas.
- The import of the law is most critical for India but will affect China’s disputes with other countries too.
- What China has done, therefore, is convert a territory dispute over borders into a sovereignty dispute which precludes any give or take of territory.
- China will attempt to settle its Han population in the Tibetan regions, reversing established demographic patterns and at the same time.
- Future negotiations over territory, if they occur, will then refer to the Border Defence Cooperation Agreements of 2005 and 2012 which call for border settlements to be done keeping in mind the local population in the border regions.
Way forward
- A deliberate thought process needs to be evolved to offset our disadvantages as purely military actions may not solve the situation in the long term.
Conclusion
What emerges clearly is that by adopting the Land Boundary Law, in conjunction with its physical actions on the LAC, China has consolidated its position in eastern Ladakh and kept possibilities open in Arunachal Pradesh.
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From UPSC perspective, the following things are important :
Prelims level: REDD+
Mains level: Paper 3- Ensuring participation of people to achieve desired target of carbon sequestration
Context
India’s pledge to set a net-zero target by 2070, at the COP26 summit, Glasgow, has again highlighted the importance of forests to help mitigate the challenges of climate change.
Need for sustainable management of forests
- The United Nations Framework Convention on Climate Change (UNFCC) framework (2013) of REDD+ for Reducing Emissions from Deforestation and Forest Degradation has highlighted the importance of forest along with the ‘sustainable management of forests for the conservation and enhancement of forest carbon stocks’.
- Land-based sinks: In a study by Griscom (2017), land-based sinks (natural climate solutions which also include forests) can provide up to 37% of emission reduction and help in keeping the global temperature below 2° C.
- Natural regeneration model: Recent research has favoured a natural regeneration model of restoration over the existing much-hyped mode of tree planting as such forests are said to secure nearly 32% carbon storage, as per one report of the Intergovernmental Panel on Climate Change.
Degradation and deforestation in India
- As per the State of Forests Report (1989), the country had 2,57,409 sq.km (7.83% of its geographical area) under the open forest category, having a density of 10% to less than 40%.
- However, in 30 years (2019) this has been increased to 3,04,499 sq. km (9.26%).
- This means every year on average, nearly 1.57 lakh hectare of forests was degraded.
- Anthropogenic pressure: This degradation highlights the presence of anthropogenic pressures including encroachment, grazing, fire, which our forests are subjected to.
Need for the participation of people to achieve target of carbon sequestration
- The degradation warrants the participation of people as an essential and effective route to achieve the desired target of carbon sequestration through the restoration of forests.
- As envisaged in National Forest Policy, 1988, India made its attempt, in 1990, to engage local communities in a partnership mode while protecting and managing forests and restoring wastelands with the concept of care and share.
- Later, the concept of forest development agencies was introduced to consolidate the efforts in an autonomous model.
- Creation of joint forest management committees: The efforts to make this participatory approach operative resulted in the formation of nearly 1.18 lakh joint forest management committees managing over 25 million hectares of forest area.
- Most of these became active and operative while implementing various projects financed by external agencies such as the World Bank, the Overseas Economic Cooperation Fund (OECF) Japan, the Department for International Development (DFID) United Kingdom and the European Union (EU).
- A similar system of joint management in the case of national parks, sanctuaries and tiger reserves which existed in the name of eco-development committees initially proved effective.
- However, the completion of the project period and lack of subsequent funding affected their functionality and also the protection of forests due to a lack of support from participating local communities including associated non-governmental organisations.
- Customary participation: Except for the National Mission for Green India, in all other centrally sponsored programmes such as Project Tiger, fire management, Integrated Development of Wildlife Habitats (IDWH) including the Compensatory Afforestation Management and Planning Authority (CAMPA), the lack of priority and policy support to ensure the participation of local communities via the institutions of joint forest management committees slowly made their participation customary.
- This caused a gradual decline in their effectiveness.
- Role change: The role of local institutions of gram panchayat or joint forest management committees is now restricted to be a consultative institution instead of being partners in planning and implementation.
- Implications of role change: This indifference and alienation from the participatory planning and implementation of various schemes
Way forward
- Revisit legal and policy mechanism: To achieve net-zero targets there is a need to revisit our existing legal and policy mechanisms.
- Incentivise local communities: We also need to incentivise the local communities appropriately and ensure fund flow for restoration interventions.
- There is a need for duly providing for the adequate participation of local people in planning and implementation through local institutions.
- Replicate Telangana model: Political priority and appropriate policy interventions as done recently in Telangana by amending the panchayat and municipal acts and creating a provision for Telangana Haritha Nidhi need replication in other States.
- Financial and institutional support mechanisms: These should be supported by enabling financial and institutional support mechanisms and negotiations with stakeholders
- Though India did not become a signatory of the Glasgow Leaders’ Declaration on Forests and Land Use, the considerations of land tenure and the forest rights of participatory communities with accelerated finances will help aid steps in the race toward net zero.
Consider the question “India is witnessing enormous degradation of forests and deforestation. This warrants the participation of people as an essential and effective route to achieve the desired target of carbon sequestration. In context of this, elaborate the importance of people participation and suggest the way forward.”
Conclusion
This inclusive approach with political prioritisation will not only help reduce emissions but also help to conserve and increase ‘our forest cover’ to ‘a third of our total area’. It will also protect our once rich and precious biological diversity.
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From UPSC perspective, the following things are important :
Prelims level: Article 44
Mains level: Need for UCC
The Centre has informed the Delhi HC that it was awaiting the report of the Law Commission of India, which is examining various issues relating to the Uniform Civil Code.
What is a Uniform Civil Code?
- A Uniform Civil Code is one that would provide for one law for the entire country, applicable to all religious communities in their personal matters such as marriage, divorce, inheritance, adoption etc.
- Article 44, one of the directive principles of the Constitution lays down that the state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India.
- These, as defined in Article 37, are not justiciable (not enforceable by any court) but the principles laid down therein are fundamental in governance.
Why need UCC?
- UCC would provide equal status to all citizens
- It would promote gender parity in Indian society.
- UCC would accommodate the aspirations of the young population who imbibe liberal ideology.
- Its implementation would thus support the national integration.
Hurdles to UCC implementation
- There are practical difficulties due to religious and cultural diversity in India.
- The UCC is often perceived by the minorities as an encroachment on religious freedom.
- It is often regarded as interference of the state in personal matters of the minorities.
- Experts often argue that the time is not ripe for Indian society to embrace such UCC.
UCC vs. Right to Freedom of Religion
- Article 25 lays down an individual’s fundamental right to religion;
- Article 26(b) upholds the right of each religious denomination or any section thereof to “manage its own affairs in matters of religion”;
- Article 29 defines the right to conserve distinctive culture.
- An individual’s freedom of religion under Article 25 is subject to “public order, health, morality” and other provisions relating to FRs, but a group’s freedom under Article 26 has not been subjected to other FRs.
- In the Constituent Assembly, there was division on the issue of putting UCC in the fundamental rights chapter. The matter was settled by a vote.
- By a 5:4 majority, the fundamental rights sub-committee headed by Sardar Patel held that the provision was outside the scope of FRs and therefore the UCC was made less important.
Enacting and Enforcing UCC
- Fundamental rights are enforceable in a court of law.
- While Article 44 uses the words “state shall endeavour”, other Articles in the ‘Directive Principles’ chapter use words such as “in particular strive”; “shall in particular direct its policy”; “shall be obligation of the state” etc.
- Article 43 mentions “state shall endeavour by suitable legislation” while the phrase “by suitable legislation” is absent in Article 44.
- All this implies that the duty of the state is greater in other directive principles than in Article 44.
What are more important — fundamental rights or directive principles?
- There is no doubt that fundamental rights are more important.
- The Supreme Court held in Minerva Mills (1980): Indian Constitution is founded on the bed-rock of the balance between Parts III (Fundamental Rights) and IV (Directive Principles).
- To give absolute primacy to one over the other is to disturb the harmony of the Constitution.
- Article 31C inserted by the 42nd Amendment in 1976, however, lays down that if a law is made to implement any directive principle, it cannot be challenged on the ground of being violative of the FRs under Articles 14 and 19.
What about Personal Laws?
- Citizens belonging to different religious and denominations follow different property and matrimonial laws which are an affront to the nation’s unity.
- If the framers of the Constitution had intended to have a UCC, they would have given exclusive jurisdiction to Parliament in respect of personal laws, by including this subject in the Union List.
- But “personal laws” are mentioned in the Concurrent List.
Various customary laws
- All Hindus of the country are not governed by one law, nor are all Muslims or all Christians.
- Muslims of Kashmir were governed by a customary law, which in many ways was at variance with Muslim Personal Law in the rest of the country and was, in fact, closer to Hindu law.
- Even on registration of marriage among Muslims, laws differ from place to place.
- In the Northeast, there are more than 200 tribes with their own varied customary laws.
- The Constitution itself protects local customs in Nagaland. Similar protections are enjoyed by Meghalaya and Mizoram.
- Even reformed Hindu law, in spite of codification, protects customary practices.
Minority opinion in the Constituent Assembly
- Some members sought to immunize Muslim Personal Law from state regulation.
- Mohammed Ismail, who thrice tried unsuccessfully to get Muslim Personal Law exempted from Article 44, said a secular state should not interfere with the personal law of people.
- B Pocker Saheb said he had received representations against a common civil code from various organisations, including Hindu organisations.
- Hussain Imam questioned whether there could ever be uniformity of personal laws in a diverse country like India.
- B R Ambedkar said “no government can use its provisions in a way that would force the Muslims to revolt”.
- Alladi Krishnaswami, who was in favour of a UCC, conceded that it would be unwise to enact UCC ignoring strong opposition from any community.
- Gender justice was never discussed in these debates.
Conclusion
- Article 44 of the Constitution creates an obligation upon the State to endeavour to secure for citizens a Uniform Civil Code throughout the country.
- The purpose behind UCC is to strengthen the object of “Secular Democratic Republic” as enshrined in the Preamble of the Constitution.
- This provision is provided to effect integration of India by bringing communities on the common platform on matters which are at present governed by diverse personal laws.
- Hence it UCC should be enforced taking into confidence all the sections of Indian society.
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From UPSC perspective, the following things are important :
Prelims level: GDP computation and various terminologies
Mains level: National Income Accounting
The Ministry of Statistics and Programme Implementation (MoSPI) has released the First Advance Estimates (FAE) for the current financial year (2021-22 or FY22).
Tap to read more about:
National Income Determination, GDP, GNP, NDP, NNP, Personal Income
What is GDP?
- GDP measures the monetary value of all goods and services produced within the domestic boundaries of a country within a timeframe (generally, a year).
- It is slightly different from the other commonly used statistic for national income — the GNP.
- The Gross National Product (GNP) measures the monetary value of all goods and services by the people and companies of a country regardless of where this value was created.
GDP estimates for FY22
- According to MoSPI, India’s GDP will grow by 9.2 per cent in 2020-21.
- Last financial year, FY21, the GDP had contracted by 7.3%.
What are the First Advance Estimates of GDP?
- The FAE, which were first introduced in 2016-17, are typically published at the end of the first week of January.
- They are the “first” official estimates of how GDP is expected to grow in that financial year.
- But they are also the “advance” estimates because they are published long before the financial year (April to March) is over.
- It is important to note that even though the FAE are published soon after the end of the third quarter (October, November, December), they do not include the formal Q3 GDP data.
- Q3 data is published at the end of February as part of the Second Advance Estimates (SAE).
Significance of FAE
- Budgetary calculations: Since the SAE will be published next month, the main significance of FAE lies in the fact that they are the GDP estimates that the Union Finance Ministry uses to decide the next financial year’s budget allocations.
- Basis for nominal GDP: From the Budget-making perspective, it is important to note what has happened to nominal GDP — both absolute level and its growth rate. That’s because nominal GDP is the actual observed variable.
Note: Real GDP, which is the GDP after taking away the effect of inflation, is a derived metric. All Budget calculations start with the nominal GDP.
Real GDP = Nominal GDP — Inflation Rate
The difference between the real and nominal GDP shows the levels of inflation in the year.
How are the FAE arrived at before the end of the concerned financial year?
Ans. Benchmark-Indicator method
- The FAE are derived by extrapolating (uses ratio and proportion) the available data.
- The approach for compiling the Advance Estimates is based on Benchmark-Indicator method.
- In this, the estimates available for the previous year (2020-21 in this case) are extrapolated using relevant indicators reflecting the performance of sectors.”
What are the main takeaways?
#1 GDP Growth
- At 9.2%, the real GDP growth rate for FY22 is slightly lower than most expectations, including RBI’s, which pegged it at 9.5%.
- These estimates are based on data before the rise of the Omicron variant.
#2 Role of high inflation
- For FY22, while real GDP (with 2011-12 base prices) will grow by 9.2%, nominal GDP (calculated using current market prices) will grow by a whopping 17.6%.
- The difference between the two growth rates — about 8.5 percentage points — is essentially a marker of inflation (or the rate at which average prices have increased in this financial year).
#3 Private consumption continues to struggle
- The FAE analyses the three main contributors to GDP — private consumption demand, investments in the economy, and government expenditures.
- It shows that while the latter two are expected to claw back to the pre-Covid level, the first engine will continue to stay in a slump.
#4 Average Indian is much worse off
- For the bulk of the Indian population, thus, aggregate data recovering to pre-Covid levels are largely academic.
- An average Indian has lost almost 2 years in terms of income levels and 3 years in terms of spending levels.
Try this PYQ:
Q. In the context of Indian economy, consider the following statements:
- The growth rate of GDP has steadily increased in the last five years.
- The growth rate in per capita income has steadily increased in the last five years.
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
Note: There can be no absolute answers to such questions unless the year is mentioned. Still try to substantiate your answer with the FY21 context.
Do post it here.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Gene sequencing, RTPCR
Mains level: COVID diagnosis
Omisure — India’s first home-grown testing kit has recently received approval from the Drugs Controller General of India.
About Omisure
- Omisure is an omicron detecting RT-PCR kit developed by the Mumbai-based Tata Medical and Diagnostics Ltd (TATA MD) in partnership with the Indian Council of Medical Research (ICMR).
- It can differentiate the omicron strain of the novel coronavirus from the delta, alpha and the other variants in under four hours.
- It can diagnose this variant in a single step
How does it work?
- This new kit can identify the Omicron variant by targeting two regions of the S or the spike gene.
- This gene codes for the spike protein, which helps the novel coronavirus enter and infect human cells.
- The S, the Enveloped (E), and Nucleocapsid (N) genes are some of the targets of conventional RT-PCR tests.
- When it detects these genes, a patient sample is labelled positive. As omicron bears heavy mutations in the S gene, the RT-PCR can sometimes miss it.
- The absence of S gene likely indicates omicron’s presence.
- This is called S gene dropout or S gene target failure — and is one of the targets of Omisure.
How does Omisure compare with gene sequencing?
- Gene sequencing reads the order of nucleotides, which are the building blocks of deoxyribonucleic acid (DNA) and ribonucleic acid (RNA).
- Despite being considered the gold standard, sequencing has a few limitations.
- It is slow, expensive and complicated. It is a multi-step process.
- It begins with extracting the virus’ RNA from patient samples, converting it into DNA, amplifying or multiplying it through RT-PCR before finally sending it for gene sequencing.
- This entire process can take as many as three days.
Back2Basics:
PCR Test for Diagnosis of the COVID-19
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From UPSC perspective, the following things are important :
Prelims level: TOP Scheme
Mains level: Not Much
The Union Ministry of Youth Affairs and Sports (MYAS) has approved the inclusion of Alpine Skiing athlete Mohammad Arif Khan in the Target Olympic Podium Scheme (TOPS) Core group.
Target Olympic Podium Scheme
- In order to improve India’s performance at the Olympics and Paralympics, the MYAS started the Target Olympic Podium Scheme (TOPS) in September 2014.
- It includes foreign training, international competition, equipment, and coaching camp besides a monthly stipend of Rs. 50,000/- for each athlete.
- It was particularly launched for India’s Olympic medal dream, at the 2016 (Rio) and 2020 (Tokyo) Olympics.
How does it function?
- The Mission Olympic Cell is a dedicated body created to assist the athletes who are selected under the TOP Scheme.
- The MOC is under the Chairmanship of the Director-General, Sports Authority of India (DG, SAI).
- The idea of the MOC is to debate, discuss and decide the processes and methods so that the athlete receives the best assistance.
- The MOC also focuses on the selection, exclusion, and retention of athletes, coaches, training institutes that can receive TOPS assistance.
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From UPSC perspective, the following things are important :
Prelims level: Ex Sea Dragon 22
Mains level: Maritime cooperations for Indo-Pacific
India is among the six Indo-Pacific nations participating in Exercise Sea Dragon 22.
Sea Dragon 22
- It is a multi-lateral anti-submarine warfare exercise in the Pacific Ocean hosted by the US.
- The exercise includes the navies of India, Australia, Canada, Japan, the US and South Korea.
- India, Japan, Australia and America are also part of the Quad, and also participate in the Malabar exercise.
- It includes in-flight training, ranging from tracking simulated targets to the final problem of tracking a live US Navy submarine.
Significance of the exercise
- The exercise is significant as almost all of the participating countries have strained relations with China.
- China is expanding its prowess in the Indo-Pacific under its Look West Policy.
Also, take time to read about all major exercises:
Various Defence Exercises in News
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From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Price and tax measures to reduce demand of tobacco
Context
There is no doubt that tobacco use is highly detrimental to public health. We have to find the ways and the means to reduce the demand for tobacco among existing as well as aspiring users.
Impact of tobacco
- Tobacco is a product that kills more than 13 lakh Indians every year.
- Annual burden: The annual economic burden from tobacco use is estimated to be ₹177,340 crore which is more than 1% of India’s GDP.
- About 27 crore people above the age of 15 years and 8.5% of school-going children in the age group 13-15 years use tobacco in some form in India.
Are price and tax measures effective against tobacco use?
- When tobacco products become more expensive, people either quit using them or use them less, and it incentivises many to not initiate the habit.
- Because it hurts both revenue and profits, the tobacco industry, globally, is always devising tactics and narratives that will pre-empt any kind of tax increases on tobacco products.
- The narrative of “increasing illicit trade” is something the tobacco industry has historically used to pre-empt potential tax increases on tobacco products in most countries around the world.
- The story is no different in India.
- In a recent report by the Tobacco Institute of India, it was said that the illicit cigarette volume in India has grown by 44% from 2011 to 2019 while adding that high and increasing tax rates provide a profitable opportunity for tax evasion and encourage growth in illegal trade.
- A study published in 2018 which used a survey of empty cigarette packs collected from retail outlets across different cities in India estimated that illicit cigarettes constitute 2.7% of the market.
- The second study published in 2020 used tax-gap analysis to estimate that the percentage of illicit cigarettes was 5.1% in 2009-10 and 6.6% in 2016-17.
Are taxes and prices key determinants of illicit trade?
- It is to be noted that taxes and prices are not the key determinants of illicit trade.
- There is sufficient evidence in the literature on illicit trade in cigarettes that shows tax increases only have a minimal impact, if at all, on illicit trade.
- There are several countries where tobacco taxes are quite high and yet have low levels of illicit trade, while there are also countries with high levels of illicit trade despite having relatively low tax rates.
- Several factors such as the quality of tax administration, the strength of the regulatory framework, government commitment to control illicit trade, the strength of governance, social acceptance, and the presence of informal distribution networks are known to play a larger role in determining the scale and the extent of an illicit market.
Way forward
- WHO protocol: Eliminating all forms of illicit trade in tobacco products through a package of measures is one of the major objectives of the Protocol to Eliminate Illicit Trade in Tobacco Products under the World Health Organization’s Framework Convention on Tobacco Control.
- The Protocol provides the tools and the measures to eliminate or minimise illicit trade which includes strong governance, establishing an international track and trace system, and securing supply chains.
- India has already ratified the World Health Organization Protocol and it should now show leadership in implementing these measures to effectively address even the relatively lower levels of illicit trade.
Conclusion
There is no scientific or public health rationale not to increase tax on tobacco products for unfounded fear of increasing illicit trade.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Dealing with the nutrition gap
Context
The NFHS-5 factsheets for India and all states and Union territories are now out. At first glance, it appears to be a mixed bag — much to cheer about, but concern areas remain.
Positives from the NFHS-5 survey
- Change in demographic trends: For the first time since the NFHS 1992-93 survey, the sex ratio is slightly higher among the adult population.
- Improvement in sex ratio at birth: For the first time in 15 years that the sex ratio at birth has reached 929 (it was 919 for 1,000 males in 2015-16).
- The total fertility rate has also dropped from 2.2 per cent to a replacement rate of 2 per cent, albeit with not much change in the huge fertility divide between the high and low fertility states.
- Improvement in literacy level of women: There has been an appreciable improvement in general literacy levels and in the percentage of women and men who have completed 10 years or more of schooling, which has reached 41 per cent and 50.2 per cent respectively.
- Improvements in health indicators: The health sector deserves credit for achieving a significant improvement in the percentage of institutional births, antenatal care, and children’s immunisation rates.
- There has also been a consistent drop in neonatal, infant and child mortality rates — a decrease of around 1 per cent per year for neonatal and infant mortality and a 1.6 per cent decrease per year for under five mortality rate.
Nutrition: Area of concern
- Increase in anaemic people: India has become a country with more anaemic people since NFHS-4 (2015-16), with anaemia rates rising significantly across age groups, ranging from children below six years, adolescent girls and boys, pregnant women, and women between 15 to 49 years.
- Why anaemia is a concern? Adverse effects of anaemia affect all age groups — lower physical and cognitive growth and alertness among children and adolescents, and lesser capacity to learn and play, directly impacting their future potential as productive citizens.
- Further, anaemia among adolescent girls (59.1 per cent) advances to maternal anaemia and is a major cause of maternal and infant mortality and general morbidity and ill health in a community.
- The detailed report will explain why a dedicated programme like Anaemia Mukt Bharat which focused on IFA consumption failed to gain impetus.
- Slow pace of improvement in nutritional indicators: Between NFHS 4 and NFHS 5, the percentage of children below five years who are moderately underweight has reduced from 35.8 per cent to 32.1 per cent.
- Moderately stunted children have fallen from 38.4 per cent to 35.5 per cent, moderately wasted from 21 per cent to 19.3 per cent and severely wasted have increased slightly from 7.5 per cent to 7.7 per cent.
- Inadequate diet: The root cause for this is that the percentage of children below two years receiving an adequate diet is a mere 11.3 per cent, increasing marginally from 9.6 per cent in NFHS-4.
Way forward
- India’s nutrition programmes must undergo a periodic review.
- The Integrated Child Development Services (ICDS), which is perceived as the guardian of the nation’s nutritional well-being must reassess itself and address critical intervention gaps, both conceptually and programmatically, and produce rapid outcomes.
Conclusion
The nutritional deficit which ought to be considered an indicator of great concern is generally ignored by policymakers and experts. Unless this is addressed, rapid improvement in nutritional indicators cannot happen.
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