Mains GS2: Statutory, Regulatory & Various Quasi-Judicial Bodies
Why in the News?
The NHRC India has taken suo motu cognizance of the two alleged incidents of food poisoning related deaths in an orphanage in Andhra Pradesh.
About National Human Rights Commission (NHRC)
Details
Establishment
As a Statutory Body and established under the Protection of Human Rights Act, 1993.
Functions
Inquire into any violation of human rights
Recommend immediate interim relief to victims or their families
Intervene in court proceedings involving human rights violations
Review constitutional and legal safeguards for human rights
Study international instruments on human rights
Support the efforts of NGOs working in the field of human rights
Powers
Regulate its own procedure
Possess all the powers of a civil court
Proceedings have a judicial character
May take any of the following steps upon the completion of an inquiry:
To recommend to the concerned government or authority to make payment of compensation or damages to the victim.
To recommend to the concerned government/authority the initiation of proceedings for prosecution or any other action against the guilty public servant.
To recommend to the concerned government/authority for the grant of immediate interim relief to the victim.
To approach the SC or the HC concerned for the necessary directions, orders, or writs.
Chairperson
Must be a former Justice of the Supreme Court or CJI(appointed by the President of India)
Members
Four full-time members;
Chairperson: former Supreme Court Justice or Chief Justice;
Other Member: former Judge of the Supreme Court;
Other Member: former Chief Justice of a High Court;
Three Members: with knowledge or experience in human rights, including at least one woman –
Seven ex-officio members: Chairpersons of National Commissions viz., National Commission for Scheduled Castes, National Commission for Scheduled Tribes, National Commission for Women , National Commission for Minorities, National Commission for Backward Classes, National Commission for Protection of Child Rights; and the Chief Commissioner for Persons with Disabilities.
Appointment
Appointed by the President based on a committee recommendation including the Prime Minister, Speaker of Lok Sabha, Home Minister, Leaders of the Opposition in Lok Sabha and Rajya Sabha, and others
Consultation with the Chief Justice of India for judicial appointments
Removal
By order of the President of India
Consultation with the Supreme Court before removal
Terms of Office
Hold office for a term of three years or until the age of 70
Ineligibility for further government employment after office
Eligible for reappointment
Salaries
Determined by the Central government
Reporting
Submits annual or special reports to the Central government and the concerned State government
Reports laid before the respective legislatures, along with a memorandum of action taken on the recommendations and reasons for non-acceptance of any recommendations
Limitations
The commission is not empowered to inquire into any matter after the expiry of one year from the date on which the act constituting the violation of human rights is alleged to have been committed
Functions are recommendatory in nature, with no power to punish or award relief to violators
Limited role concerning armed forces violations
PYQ:
[2011] Consider the following:
Right to education.
Right to equal access to public service.
Right to food.
Which of the above is/are Human Right/Rights under “Universal Declaration of Human Rights”?
Mains GS2: GS2-18.Bilateral, regional and global groupings and agreements involving India and/or affecting India’s interests.
PYQ Relevance: Q (a): Russia and Ukraine war has been going on for the last seven months. Different countries have taken independent stands and actions keeping in view their own national interests. We are all aware that war has its own impact on the different aspects of society, including human tragedy. What are those ethical issues that are crucial to be considered while launching the war and its continuation so far? lllustrate with justification the ethical issues involved in the given state of affair. (b): Write short notes on the following in 30 words each: (i) Constitutional morality (ii) Conflict of interest (iii) Probity in public life (iv) Challanges of digitalization (v) Devotion to duty (UPSC IAS/2022)
Mentor comment: Ukraine had recently launched a surprising military offensive into the Kursk region of Russia, capturing several hundred Russian soldiers and gaining control over approximately 1,000 square kilometers of territory. This move is seen as a bold tactic to shift the war dynamics and boost morale among Ukrainian forces and civilians. While Ukraine made gains in Kursk, Russian forces are advancing towards the Ukrainian city of Pokrovsk, a crucial logistics hub. The capture of Pokrovsk could again escalate the political tensions reflecting Russia’s position in the ongoing conflict
Let’s learn!
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Why in the News?
Ukraine’s recent military incursion into the Kursk region of Russia outlines its tactical and political implications in the ongoing conflict.
Ukrainian Incursion:
Surprise Attack: Ukraine launched an unexpected offensive into the Kursk region, capturing several hundred Russian soldiers and seizing approximately 1,150 square kilometers of territory.
Strategic Goals: The operation aims to divert Russian forces from their offensive in Ukraine, particularly around the critical city of Pokrovsk, which is under siege and vital for Ukrainian logistics.
What are the long-term implications of Ukraine’s capture of Kursk for future negotiations?
•Territorial Gains as Leverage: By occupying Kursk, Ukraine has secured valuable territory that can serve as a bargaining chip in future negotiations. This strategic advantage is crucial, especially if Ukraine faces reduced military support from the West, particularly in the event of a change in U.S. leadership.
•Pressure on Russia: The need for Russia to defend its territory in Kursk diverts resources from ongoing offensives in Eastern Ukraine, particularly in Donbas. This could weaken Russia’s overall military effectiveness and complicate its strategy, potentially leading to a more favorable environment for negotiations for Ukraine.
Significance of Pokrovsk: It is formerly known as Krasnoarmiisk and Grishino, is a city and the administrative center of Pokrovsk Raion in Donetsk Oblast, Ukraine.
Key Logistics Hub: Pokrovsk’s capture by Russian forces would significantly enhance their operational capabilities in Eastern Ukraine, potentially leading to further territorial gains.
Ukrainian Withdrawal: Ukrainian troops are being ordered to withdraw from Pokrovsk, indicating the pressure they face from advancing Russian forces.
Tactical and Political Analysis:
Operational Secrecy: Ukraine’s successful execution of the incursion was attributed to exceptional operational security, which prevented leaks and allowed for a covert buildup of forces.
Russian Response: Russia’s military has reacted slowly, focusing on containing the incursion rather than reversing it, revealing weaknesses in their intelligence and troop readiness.
Increase in Bargaining Power: The incursion enhances Ukraine’s negotiating position for potential future discussions, especially with looming uncertainties regarding Western military support.
Risks for Ukraine: While the offensive has been a tactical success, it poses risks of overstretching Ukrainian forces and facing significant losses in the overall region if Russia mounts a concentrated counterattack.
Can India make Putin stop Russia’s War in Ukraine?
India has been warming to the West in recent years, especially given rising border tensions with China, but, at the same time, India cannot disallow its relationship with Russia considering United States. India’s visit (in July 2024) comes as Ukraine pushes its initiative in Russia’s southwestern region of Kursk.
•Humanitarian Concern: India during the recent talks with Putin in July, secured several concessions and seemingly chided the Russian leader over the war, calling the deaths of children killed in a Russian strike on a hospital “unbearable.” •Economic interests of India: Bilateral trade with Russia soared last year on the back of its energy purchases, with India in July topping China as the largest importer of Russian oil. PM Modi and Zelensky are expected to discuss issues of bilateral and multilateral cooperation” and sign multiple documents.
Conclusion: The Kursk operation marks a significant shift in the conflict, with Ukraine demonstrating its capability to operate within Russian territory. Ukrainian offensive stands out and deserves and merits closer scrutiny because no country since Hitler’s Germany has ever invaded any part of Russia.
However, the long-term viability of this strategy remains uncertain as both sides prepare for ongoing military engagements.
Mains GS2: GS2-01. Indian Constitution-Historical underpinnings & evolution; Features, amendments, significant provisions, basic structure of Constitution
Why in the News?
The Waqf Bill 2024, also known as the Waqf (Amendment) Bill, has been referred to a Joint Parliamentary Committee (JPC) after allies of the Narendra Modi government expressed reluctance to pass it immediately, and opposition parties voiced criticism of the Bill.
Concerns Acknowledged by the JPC
Inclusion of Non-Muslims: The proposal to include non-Muslim members in state waqf boards has faced significant opposition. Critics argue that this undermines the religious autonomy of Muslim institutions, as similar provisions do not exist for Hindu temples or other religious bodies.
Increased Authority of District Collectors: The Bill grants more powers to district collectors, allowing them to arbitrate disputes over waqf properties. This has raised concerns about potential government overreach and the effectiveness of local waqf boards in managing properties.
Impact on Inheritance Rights: The proposed changes could affect the inheritance rights of heirs, particularly women, by allowing the creation of family waqfs that may not fully comply with Islamic inheritance laws. This raises questions about fairness and equity in the distribution of waqf assets.
The rationale of the family waqt:
Family waqf is rooted in the Islamic principle that charity begins at home
The Quran encourages spending money on parents and relatives (2:215), and the Prophet Muhammad emphasised the importance of spending on one’s family as a highly rewarded act of charity.
Potential for Misuse: There are fears that the amendments could lead to the misuse of waqf properties, exacerbating existing issues of encroachment and mismanagement, rather than effectively addressing them.
Newly Proposed Section 3A(2)
Key Features: This section stipulates that a Muslim can create a family waqf only concerning one-third of their property if excluding heirs, and it prohibits the complete exclusion of female heirs. However, it allows for the possibility of token benefits being granted to female heirs, which could still result in unequal distributions.
Concerns: Critics argue that this provision may not sufficiently protect women’s rights under Islamic inheritance laws, as it could permit arrangements that do not provide equitable benefits to female heirs compared to their male counterparts.
Implementation of Waqf Boards Worldwide
India: India has 30 waqf boards, each responsible for managing waqf properties within their respective states. These boards oversee approximately 900,000 properties, with a focus on ensuring that waqf assets are used for charitable purposes.
Middle Eastern Countries: In many Middle Eastern nations, waqf properties are often managed by government-appointed bodies, and the legal framework tends to be more integrated with Islamic law. For instance, in countries like Egypt and Turkey, waqf management is closely tied to state regulations, which can vary significantly from those in India.
Colonial impact: The evolution of waqf laws has been influenced by colonial histories, with some countries, such as Egypt and Tunisia, abolishing family waqfs altogether, while others, like Malaysia and Indonesia, have maintained them with varying degrees of regulation.
Way forward:
Strengthen Waqf Governance: Ensure robust oversight and accountability of waqf boards by balancing state involvement with respect for religious autonomy. This includes safeguarding the inheritance rights of heirs, particularly women, and preventing government overreach while maintaining effective management of waqf properties.
Promote Inclusivity and Equity: Amend the Waqf Bill to address concerns about the inclusion of non-Muslims in waqf boards and ensure equitable distribution of waqf assets in line with Islamic inheritance laws.
Mains GS2: GS2-18.Bilateral, regional and global groupings and agreements involving India and/or affecting India’s interests.
Why in the News?
Tensions between China and the Philippines have sharply escalated after a violent clash between their sailors in the South China Sea (SCS) last week. Currently, escalating tensions in the South China Sea are heightening global security concerns over this vital trade route.
How Important is the South China Sea for World Trade?
About a third of global maritime trade passes through the 3.5 million square kilometre South China Sea annually, according to UNCTAD.
Around 40% of petroleum products traded globally are delivered via the South China Sea every year.
In 2016, an estimated $3.4 trillion to $3.6 trillion worth of goods and commodities travelled the seaway.
Tens of thousands of cargo vessels move through the South China Sea every year, carrying around 40% of China’s, one-third of India’s and 20% of Japan’s trade with the rest of the world.
The South China Sea is a vital crossroads for both intra-Asian trade as well as for commerce with the rest of the world, especially Europe, the Middle East and Africa.
What makes the South China Sea such a Controversial Issue?
Beijing claims almost all of the South China Sea as its own, angering its neighbours who say China’s territorial ambitions cut into their exclusive economic zones.
China ignored a 2016 ruling by an international arbitration court that Beijing has no legal or historical basis for its expansive claims under international law.
The Chinese military has staged increasingly aggressive actions in the seaway recently, including clashes with Filipino ships, fueling fears of a full-scale conflict.
Vietnam and the Philippines have filed claims with the UN for extended continental shelves in the South China Sea.
Concerns that Beijing may use military force to bring Taiwan under its control have further raised tensions in the region.
Why is the South China Sea Contested?
Availability of Natural gas and oil: The South China Sea is estimated to hold about 5.38 trillion cubic meters of proven and probable natural gas and 11 billion barrels of oil reserves.
Rare earth elements: The disputed waters also contain large deposits of rare-earth minerals crucial to China’s technological ambitions, including electric vehicle batteries and advanced electronics.
Some estimates suggest the Pacific Ocean contains a thousand times more rare-earth minerals than the currently known land reserves, more than half of which are controlled by China.
Biggest Chokepoint in the South China Sea
The Malacca Strait, which lies between Malaysia, Indonesia and Singapore, is considered the biggest chokepoint in the South China Sea.
Last year, 23.7 million barrels of oil and petroleum products were moved through the strait per day, 13% higher than through the Strait of Hormuz.
The Malacca Strait is just 64 kilometers wide at its narrowest point and is already vulnerable to congestion and collisions.
Experts predict that if China invades Taiwan, the U.S. and its allies could blockade the Malacca Strait, limiting China’s access to oil and exports
What should India do? (Way forward)
Enhance Strategic Partnerships: India should strengthen its maritime collaborations with key regional players like ASEAN nations, Japan, and Australia while deepening its involvement in forums such as the Quad to promote a rules-based order in the Indo-Pacific and ensure freedom of navigation in the South China Sea.
Bolster Naval Capabilities: India should continue to modernize and expand its naval presence in the Indo-Pacific, focusing on securing critical sea lanes and chokepoints like the Malacca Strait to safeguard its trade routes and energy supplies in the event of escalating tensions.
Mains PYQ:
Q South China Sea has assumed great geopolitical significance in the present context. Comment.(2016)
Mains GS2: GS2-18.Bilateral, regional and global groupings and agreements involving India and/or affecting India’s interests.
Why in the News?
On August 21, 2024, a deadly explosion at the Escientia plant in Atchutapuram SEZ killed 17 workers and injured over 50, triggered by a solvent leak involving MTBE. The incident, part of a troubling safety trend, has prompted a government inquiry and calls for stricter safety regulations, particularly due to the exemption from regular inspections for SEZ units.
Previous Incidents: This accident is part of a troubling pattern, as it follows another major explosion in the same SEZ last year, and recalls a deadly styrene vapour leak incident in 2020 that killed 12 people.
Government Response: The Andhra Pradesh government has ordered a high-level inquiry into the incident. Chief Minister N. Chandrababu Naidu has expressed condolences and promised support for the victims’ families.
Importance of Safety Audits
Preventing Future Accidents: Regular safety audits can help identify potential hazards and ensure compliance with safety regulations, reducing the risk of catastrophic incidents.
Accountability: Audits enforce accountability among management to adhere to safety standards, promoting a culture of safety within organizations.
Regulatory Compliance: Conducting safety audits helps organizations ensure compliance with local, state, and national safety regulations.
Public Trust: Enhancing safety measures and transparency can restore public confidence in industrial operations, particularly in regions prone to industrial accidents.
Safety Law and Guidelines:
Factories Act, 1948: Governs worker safety in factories, mandating safety audits and safety officer appointments. Requires safety committees with management and employee reps to address hazards.
IS 14489:1998: Provides guidelines for occupational safety and health audits, focusing on compliance, deviations, and safety management effectiveness across sectors.
Occupational Safety, Health and Working Conditions Code, 2020: Consolidates labor laws, mandates regular safety audits for hazardous processes, and grants inspectors authority to enforce compliance.
CIMAH Rules: Require industries with hazardous processes to prepare safety reports and conduct regular audits to prevent major accidents, enforced by state safety authorities.
Integrated Guidance Framework for Chemicals Safety: Offers guidance for safety audits in handling hazardous chemicals, emphasizing compliance with MSIHC Rules and robust audit practices.
Note:
IS 14489:1998 is an Indian Standard titled “Code of Practice on Occupational Safety and Health Audit.” It provides comprehensive guidelines for conducting occupational safety and health audits in various workplaces.
Way forward:
Implement Regular Safety Audits: Enforce routine safety audits for all industrial units, including SEZs, to identify hazards and ensure compliance with safety standards, thus preventing future incidents and promoting a culture of safety.
Strengthen Regulatory Oversight: Close regulatory gaps by applying safety standards uniformly across all sectors, including exempted units, and enhance transparency and accountability in safety practices to restore public trust.
Mains GS3: GS3-15.Science and Technology- Developments and their Applications and Effects in Everyday Life.
Why in the News?
Since Chandrayaan 3’s successful moon landing on August 23, 2023 and its declaration of National Space Day, ISRO has remained highly active with several key missions, despite a quieter phase at Sriharikota.
Union Minister of Information and Broadcasting has launched 25 challenges as part of the ‘Create in India Challenge – Season 1’ for the World Audio Visual & Entertainment Summit (WAVES).
About WAVES
It is an international summit organized by the Ministry of Information & Broadcasting, Government of India.
The first edition will take place from 20-24 November 2024 in Goa.
The summit will be hosted in Goa in collaboration with the State Government of Goa.
The Entertainment Society of Goa will act as the Nodal Agency for the event, following an MOU with Ministry of Information & Broadcasting.
It is supported by industry partners like the Federation of Indian Chambers of Commerce & Industry (FICCI) and the Confederation of Indian Industry (CII).
Purpose:
WAVES aims to be a pivotal forum for fostering dialogue, trade collaboration, and innovation within the evolving media and entertainment industry.
The summit will showcase India as a hub for innovation and excellence in the media and entertainment sector, attract investments, and position India as a global leader in the entertainment business.
Location & Collaboration:
WAVES is designed to promote sustainable growth in the media and entertainment industry.
It will help attract global trade and investment to India, positioning the country as a key player in the global entertainment landscape.
The summit will bring together industry leaders, stakeholders, and innovators to explore new opportunities, tackle challenges, and shape the future of the sector.
PYQ:
[2014] Though 100 percent FDI is already allowed in non-news media like a trade publication and general entertainment channel, the government is mulling over the proposal for increased FDI in news media for quite some time. What difference would an increase in FDI make? Critically evaluate the pros and cons.
Mains GS1: GS1-15.Geographical features and their location- Changes in critical geographical features (including water-bodies and ice-caps) and in flora and fauna and the effects of such changes.
Why in the News?
India has refuted allegations that the recent floods in eastern Bangladesh were caused by the opening of the Dumbur dam over Gumti River in Tripura.
About Gumti River
Details
Origin
Dumboor Lake, Tripura, India
Length
Approximately 150 kilometers
Course
Flows southward through Tripura, India, and then into Bangladesh;
Joins the Meghna River.
Tributaries
Left: Raima, Manu
Right: Deo, Khowai
Terrain
Hilly terrain in upper course, fertile plains in lower course
Biodiversity
Supports diverse flora and fauna
Projects Installed
Gumti Hydroelectric Project: Located near Dumbur; Generates hydroelectric power in Tripura; Bangladesh also receives 40 MW.
Gumti Irrigation Project: Supports irrigation for agriculture in Tripura, India
PYQ:
[2014] Consider the following rivers:
Barak
Lohit
Subansiri
Which of the above flows / flow through Arunachal Pradesh?
Mains GS3: GS3-18.Conservation, Environmental Pollution and Degradation, Environmental Impact Assessment.
Why in the News?
Malaysia, after initially introducing its version of soft power called “Orangutan Diplomacy” following China’s successful “panda diplomacy,” has now reversed its decision.
What is Orangutan Diplomacy?
It is a Malaysian strategy that seeks to use orangutan conservation as a tool of soft power, inspired by China’s “panda diplomacy.”
It had first announced plans to gift orangutans (IUCN Status: Critically Endangered) to palm oil-buying countries.
It engages other countries in conservation efforts, focusing on symbolic adoptions rather than sending animals abroad.
Reasons behind:
Palm Oil Industry Criticism: Malaysia faces criticism for deforestation due to palm oil plantations, threatening orangutans.
Enhance Image: It aims to counter negative perceptions and showcase commitment to sustainability and position Malaysia as a leader in wildlife protection.
Global Cooperation: It seeks to strengthen ties with major palm oil importers like China, India, and the EU through conservation partnerships.
Criticisms:
Habitat Concerns: Critics argue real conservation requires protecting habitats, not just symbolic actions.
Comparisons to Panda Diplomacy: Malaysia’s effort lacks the infrastructure and commitment seen in China’s panda conservation.
PYQ:
[2021] With reference to ‘palm oil’, consider the following statements :
1. The palm oil tree is native to Southeast Asia.
2. The palm oil is a raw material for some industries producing lipstick and perfumes.
3. The palm oil can be used to produce biodiesel.
Mains GS2: GS2-16.Role of Civil Services in a democracy.
Why in the News?
The Central government asked the Union Public Service Commission (UPSC) on Tuesday, August 20, to cancel an advertisement from three days earlier that called for applications to fill senior government positions through lateral recruitment.
What is ‘Lateral Entry’ into the Bureaucracy?
Definition: Lateral entry refers to the recruitment of personnel from outside the traditional civil services into senior and middle-level positions in the central government. These entrants come from various backgrounds, including state/UT governments, public sector undertakings (PSUs), statutory organizations, research institutes, universities, and the private sector.
Objective: The idea is to bring in individuals with domain expertise and specialized knowledge to enhance the efficiency and effectiveness of governance. These individuals are usually appointed on contracts of three years, which can be extended to a total of five years.
What are the Positions Open for Lateral Entry?
Positions Advertised: Lateral entry initially focused on Joint Secretary-level positions, which are high-ranking roles within a Department. Over time, positions for Director and Deputy Secretary levels were also opened.
Roles and Responsibilities:
Joint Secretary: Third-highest rank in a Department, responsible for decision-making and administrative head of a wing within the Department.
Director/Deputy Secretary: Middle-level officials, performing roles similar to Joint Secretaries in most ministries.
What was the Union Government’s Logic Behind Introducing Lateral Entries?
Rationale: The government introduced lateral recruitment to bring in fresh talent and specialized skills that may not be available within the traditional civil services.
NITI Aayog’s Recommendation: The policy was recommended in 2017 by NITI Aayog in its three-year Action Agenda and by the Sectoral Group of Secretaries (SGoS) on Governance.
How Many People Have Been Appointed via Lateral Recruitment So Far?
First Round (2018): The first round attracted 6,077 applications for Joint Secretary-level positions. Nine individuals were eventually selected and appointed in 2019.
Subsequent Rounds: Additional rounds of recruitment occurred in 2021 and May 2023. As of August 2024, a total of 63 appointments have been made through lateral entry, with 57 lateral entrants currently holding positions in various Ministries/Departments.
What is the Criticism of Lateral Entry Recruitment?
Lack of Reservations: A significant criticism of lateral recruitment is the absence of quotas for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC).
Promotion Concerns: Critics like Mayawati have pointed out that lateral entry deprives lower-level employees in the civil services of promotion opportunities, which would otherwise be available through a merit-based system.
Way forward:
Incorporate Inclusive Quota Provisions: To address the criticism regarding the absence of reservations, the government could consider introducing a reservation policy for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) in lateral entry recruitment.
Establish a Transparent and Merit-Based Selection Process: To ensure the credibility and effectiveness of lateral recruitment, the government should enhance transparency in the selection process. This could involve clearly defined eligibility criteria, objective assessment methods, and regular monitoring of the performance of lateral entrants.
Mains PYQ:
Q Has the Cadre-based Civil Services Organization been the cause of slow in India? Critically examine. (UPSC IAS/2014)
