Foreign Policy Watch: India-Myanmar

A collective effort towards peace in Myanmar

Note4Students

From UPSC perspective, the following things are important :

Mains level: Importance of Myanmar;

Why in the News?

The 44th ASEAN Summit in Vientiane highlighted growing regional issues, especially Myanmar’s crisis. Despite ASEAN’s peace efforts, Myanmar’s turmoil persists, testing the group’s commitment to stability.

What are the key challenges facing ASEAN and India in their efforts to stabilize Myanmar?

  • Lack of Consensus within ASEAN: ASEAN’s principle of consensus-based decision-making complicates strong, unified responses.
    • Nations like Indonesia and Malaysia advocate for firm action, while others, including Thailand and Laos, maintain closer ties with Myanmar’s military government, slowing decisive actions.
  • Failure of the Five-Point Consensus: Despite ASEAN’s efforts to enforce the 2021 Five-Point Consensus, which mandates an end to violence and inclusive dialogue, Myanmar’s military has shown little interest in cooperating, undermining ASEAN’s credibility.
  • Exclusion of Key Groups: ASEAN’s initiatives mainly engage the junta without including the National Unity Government (NUG) or Ethnic Armed Organizations (EAOs), limiting the inclusiveness and effectiveness of peace efforts.
  • Worsening Humanitarian Crisis: Myanmar’s civil war has led to massive displacement and humanitarian needs, with over 18.6 million people requiring aid.
    • This poses logistical and diplomatic challenges for ASEAN and complicates India’s border security and refugee policies.
  • Balancing Regional and Security Concerns for India: India faces a dilemma balancing its Act East Policy objectives and the need for stability on its Myanmar border.
    • Issues such as cross-border militancy, illegal activities, and the refugee crisis strain India’s relations with the junta and impact regional connectivity projects.

How can Inclusive dialogue be achieved among all stakeholders in Myanmar?

  • ASEAN must involve non-state actors like the NUG, EAOs, and the People’s Defense Forces (PDFs) in dialogue efforts to ensure all key groups have a stake in Myanmar’s peace process.
  • Thailand’s recent ‘Troika’ proposal to host talks with ASEAN chairs (current, past, and future) and possibly other stakeholders indicates a potential pathway for more flexible discussions, albeit with the need for junta cooperation and broader participant involvement.
  • Establishing humanitarian corridors that operate beyond junta-controlled areas, with the cooperation of EAOs, could lay the groundwork for inclusive engagement and build trust among conflicting parties.

What role does India’s Foreign Policy play in addressing the Myanmar crisis? (Way forward)

  • Strategic Engagement and Regional Connectivity: Under its Act East Policy, India invests in key infrastructure projects like the Kaladan Multi-Modal Transit Transport Project, linking Myanmar and ASEAN.
  • Balanced Relations with Junta and Democracy Advocates: Need to principles of non-interference, India maintains ties with Myanmar’s military and democratic groups, addressing security needs while ethically supporting democratic aspirations.
  • As per Gujral Doctrine: India should engage constructively with Myanmar, respecting its sovereignty, promoting regional connectivity, and fostering dialogue among all stakeholders to enhance stability and mutual prosperity.

Mains PYQ:

Q Evaluate the economic and strategic dimensions of India’s Look East Policy in the context of the post-Cold War international scenario. (UPSC IAS/2016)

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Women empowerment issues – Jobs,Reservation and education

Delimitation, women’s quota

Note4Students

From UPSC perspective, the following things are important :

Mains level: Women Reservation; Implication of reservation in politics;

Why in the News?

The Centre has hinted that the delayed Census might begin next year and finish by 2026, which would play a key role in redrawing constituencies and starting women’s reservations in elected bodies.

What are the implications of the Women’s Reservation Bill for women’s political representation in India?

  • Increased Representation: The bill, once implemented, will reserve 33% of seats in the Lok Sabha and state legislative assemblies for women, marking a significant increase in women’s representation and fostering a more inclusive legislative environment.
  • Long-Term Social Change: With more women in legislative positions, issues relevant to women’s rights, safety, and empowerment could receive greater legislative focus, driving long-term societal shifts toward gender equality.
  • Gradual Integration: By mandating women’s reservation for 15 years post-implementation, the bill allows time for systemic integration of women into Indian politics, potentially encouraging more women to enter politics.

Key features of the Women’s Reservation Bill: 

  • Reservation of Seats: The bill reserves one-third of all seats in the Lok Sabha and state assemblies for women, including those seats already reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs).
  • Implementation Timeline: The reservation will come into effect after the next census is conducted and published, which has not yet been scheduled. The law is set to remain in place for 15 years, with provisions for extension.
  • Rotating Constituencies: Reserved seats will be rotated after each delimitation exercise to ensure fair representation across different regions.

How does the delimitation process affect the implementation of the Women’s Reservation Bill?

  • Dependency on Delimitation: The reservation will only be implemented following a census-based delimitation exercise, making the timeline for reservation contingent on the next Census, expected to conclude in 2026.
    • Thus, the reservation may only be actionable around the 2029 general elections.
  • Impact on Seat Allocation: The delimitation exercise will likely increase the total seats in the Lok Sabha, which could make implementing the 33% reservation less disruptive.
    • For example, if Lok Sabha seats rise to around 770, this will allow for a more balanced accommodation of both male and female representatives without substantial loss of seats for male incumbents.

Challenges and Criticisms Surrounding the Women’s Reservation Bill and Its Implementation:

  • Delay in Implementation: As the reservation is contingent on delimitation, the immediate impact of the bill remains deferred.
    • Critics argue that the reservation could be enacted sooner if it did not depend on the Census and delimitation.
  • Intra-Party Resistance: Male incumbents might resist the bill due to concerns over losing their seats, and political parties might face difficulties balancing this resistance with the need for compliance, despite an increase in overall seats.
  • Exclusion of Other Marginalized Women: The bill lacks sub-quotas for women from marginalized communities, such as SC/ST/OBCs, sparking criticism that it may predominantly benefit women from privileged backgrounds rather than addressing the political representation gap for all women.
  • Dependence on Census Accuracy: Any delays or inaccuracies in Census data could delay the bill’s impact or result in skewed representation due to reliance on outdated demographic data.

Way forward: 

  • Expedite Delimitation and Census: Streamline Census and delimitation processes to ensure timely data collection and boundary adjustments, enabling earlier implementation of the reservation without prolonged delays.
  • Include Sub-Quotas for Marginalized Women: Introduce provisions for SC/ST/OBC sub-quotas within the reservation to ensure fair representation of women from diverse social backgrounds, addressing inclusivity concerns in political representation.

Mains PYQ:

Q “The reservation of seats for women in the institutions of local self-government has had a limited impact on the patriarchal character of the Indian Political Process.” Comment. (UPSC IAS/2019)

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Why India is at risk of becoming a ‘diminishing democracy’

Note4Students

From UPSC perspective, the following things are important :

Mains level: Democracy and Challenges in India;

Why in the News?

In her book “Democracy on Trial: Majoritarianism and Dissent in India”, Zoya Hasan points out that, though India’s democracy is strong in elections, it has struggled with fairness and freedoms due to growing majoritarianism since 2014.

What factors contribute to the erosion of civil liberties in India?

  • Majoritarian Politics: Since a decade ago, India’s democracy has seen a shift toward majoritarianism, with the rights of minorities, particularly Muslims, facing marginalization.
    • This tilt toward majoritarian views fosters unequal treatment, weakening the universal protection of civil liberties and undermining the democratic principles of inclusion and equality.
  • Compromised Media Landscape: Traditionally, media acted as a watchdog on power, but now it frequently functions as a government advocate.
    • This shift has narrowed public discourse on civil rights and accountability, reducing the media’s role in preserving civil liberties.
  • Legislation Targeting Minorities: Laws such as the Citizenship (Amendment) Act (CAA) are seen as religiously discriminatory, especially when considered with the National Register of Citizens (NRC).
    • Such laws challenge the Constitution’s guarantee of equal rights for all citizens, placing undue pressure on certain communities and further eroding civil liberties.

Role of Political Institutions in Undermining Democracy:

  • Judicial Autonomy and its Challenges: While the judiciary has traditionally been a pillar of democracy, recent trends indicate compromised judicial independence.
    • There are instances where courts appear reluctant to challenge the executive because political pressure may be impacting judicial autonomy, thereby diminishing an essential check on power.
  • Media’s Decline as a Check on Power: Media independence has weakened as corporate and political influences have taken root, limiting its role in holding power to account.
  • Legislative and Executive Power Dynamics: The increasing concentration of power within the executive, combined with a legislative body that often aligns with the ruling agenda, limits checks and balances.

Impact of Political Polarization on Democratic Processes:

  • Divisive Identity Politics: Identity-based polarization is intensifying, with significant events such as the Ayodhya dispute and the Shaheen Bagh protests illustrating how political narratives can frame majority identities against minority rights.
  • Silencing of Dissent: Governmental responses to protests, like those against the CAA, often include the use of force, indicating reduced tolerance for opposition.

Steps taken by the Election Commission of India:

  • Voter Education and Awareness Campaigns: The ECI has launched extensive voter education campaigns to promote awareness about the electoral process, emphasizing the importance of informed voting.
  • Monitoring and Regulation of Political Parties: The ECI has increased scrutiny over political parties’ funding and activities to ensure transparency.
  • Strengthening Electoral Laws: Recent amendments to electoral laws have been made to enhance the integrity of elections.
  • Use of Technology: The ECI has implemented technology-driven solutions such as Electronic Voting Machines (EVMs) and Voter Verified Paper Audit Trails (VVPATs) to ensure transparency and reliability in the voting process.

Way forward: 

  • Strengthening Institutional Independence: Reinforce the autonomy of key institutions like the judiciary, media, and law enforcement through stricter legal safeguards and transparent appointment processes.
  • Promoting Inclusive and Balanced Governance: Establish mechanisms to ensure equal representation and protection for all communities, addressing grievances through impartial review processes. Implementing inclusive governance policies can help counter majoritarian biases and foster a more cohesive democratic environment.

Mains PYQ:

Q To enhance the quality of democracy in India the Election Commission of India has proposed electoral reforms in 2016. What are the suggested reforms and how far are they significant to make democracy successful? (UPSC IAS/2017)

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Women empowerment issues – Jobs,Reservation and education

Solar, a game changer in women’s empowerment 

Note4Students

From UPSC perspective, the following things are important :

Mains level: Women Empowerment; Impact of solar energy production on society;

Why in the News?

Rooftop solar (RTS) can transform India’s energy landscape by providing a sustainable, decentralized, and affordable solution for rising electricity needs and could empower consumers (women and other sections of society) toward greater self-reliance.

How does solar energy contribute to women’s economic empowerment?

  • Income Generation and Financial Independence: Solar technology enables women to generate income directly, especially in rural areas where traditional energy sources are scarce or costly.
    • For instance, solar-powered pumps have empowered women salt farmers in Gujarat’s Little Rann of Kutch, who, after shifting from diesel to solar, saw a 94% income boost and lower CO₂ emissions.
  • Employment Opportunities: The solar photovoltaic (PV) industry, employing around 4.9 million people in 2022, has been particularly impactful for women, who make up about 40% of its workforce.
  • Empowerment Programs: Initiatives like Barefoot College in India and Solar Sister in Africa train women as solar engineers. These programs enhance skills, improve self-reliance, and create employment in remote communities.

What are the broader social implications of women’s involvement in the solar sector?

  • Community Well-being and Social Development: Women’s participation in the solar sector promotes local economic growth and strengthens social structures.
  • Leadership and Decision-Making: When women lead or actively participate in renewable energy projects, they often advocate for inclusive policies and better community engagement.
  • Gender-Sensitive Energy Policies: Women’s involvement highlights the need for energy policies that address the unique needs of women, improving both economic participation and social inclusion.

What challenges do women face in the renewable energy sector, and how can these be addressed?

  • Access to Training and Financing: Women often face limited access to training and funding.
    • Overcoming these barriers requires accessible, affordable training programs in solar technology, as well as microfinance schemes specifically for women-led renewable energy projects.
  • Gender Bias and Occupational Segregation: The renewable energy sector, like many others, is affected by gender biases that can limit women’s roles to lower-level positions.
    • To address this, it’s important to promote women’s leadership and equal opportunities through gender-sensitive hiring practices and mentorship programs.
  • Policy and Regulatory Gaps: Energy access policies frequently lack a gender perspective, which limits their reach and inclusiveness.
    • Integrating gender-focused policies in energy and rural development sectors can enhance the socio-economic impacts of solar energy for women.

Conclusion: Governments should integrate gender-focused policies within renewable energy frameworks, ensuring accessible financing options and training programs specifically for women. Microfinance schemes and subsidies for women-led solar projects can foster broader participation.

Mains PYQ:

Q Describe the benefits of deriving electric energy from sunlight in contrast to conventional energy generation. What are the initiatives offered by our government for this purpose? (UPSC IAS/2020)

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Fertilizer Sector reforms – NBS, bio-fertilizers, Neem coating, etc.

What challenges does India face in fertilizer imports?

Note4Students

From UPSC perspective, the following things are important :

Mains level: India’s Imports and Exports; Impact of global crises on fertilizer;

Why in the News?

As the crises in Ukraine and Gaza persist, experts and policymakers are increasingly concerned about further rises in the costs of components essential for producing petroleum-based chemical fertilizers.

Current Scenario of Fertilizer Imports:

  • India’s domestic fertilizer production capacity does not meet the full demand, requiring substantial imports to bridge the gap.
    • Urea: Approximately 20% of India’s urea requirement is met through imports.
    • Diammonium Phosphate (DAP): Around 50-60% of DAP demand is fulfilled by imports.
    • Muriate of Potassium (MOP or Potash): 100% of India’s MOP demand is met through imports, as there is no domestic production.
  • The Standing Committee on Chemicals and Fertilizers (August 2023) expressed concern about India’s dependence on imports for fertilizers, recommending an increase in domestic production capacity.

How did the conflict in Ukraine impact the Global Fertilizer Market?

  • Market Instability: Ongoing conflicts in Ukraine and Gaza are disrupting the stability of the global fertilizer market, particularly affecting the prices of oil and petroleum-based fertilizers.
  • Supply Chain Disruptions: These conflicts affect global supply chains, particularly for fertilizer-producing countries such as Russia, which has been a significant source of fertilizer imports for India.
  • Price Volatility: Higher oil prices due to geopolitical tensions in Ukraine and Gaza indirectly drive up costs of fertilizers, as these are often by-products of petroleum.

Its effects on India

  • Rising Import Costs: Increased global fertilizer prices lead to higher import costs for India, putting pressure on the fertilizer subsidy budget.
  • Potential Supply Constraints: India’s reliance on imports from conflict-affected regions like Russia and West Asia (including the Middle East) poses risks of reduced fertilizer availability.
  • Budget Strain: India’s fertilizer subsidy allocation for 2023-24 was ₹1.79 lakh crore, with substantial amounts dedicated to both indigenous and imported fertilizers.
  • Need for Self-Reliance: The conflicts underscore the importance for India to reduce dependency on imports by increasing domestic production capacity, promoting alternatives like nano urea, and exploring sustainable practices like natural farming.

Steps taken by the government: 

  • New Investment Policy (NIP): NIP supports new urea manufacturing units by PSUs and private companies, boosting production capacity from 207.54 LMTPA in 2014-15 to 283.74 LMTPA.
  • Nutrient-Based Subsidy (NBS): The government included Potash from Molasses under NBS in 2021, encouraging local production and reducing import dependency.
  • Public-Private Joint Ventures: PSUs and private firms collaborate in urea production, establishing units like the Ramagundam Fertilizers in Telangana and Hindustan Urvarak & Rasayan plants in northern states.

Way forward: 

  • Boost Domestic Production: Increase India’s fertilizer production capacity through investment in domestic infrastructure and support for nano urea and alternative sustainable fertilizers to reduce import dependency.
  • Adopt Policy Reforms: Implement policies promoting self-reliance in fertilizers, with targeted subsidies and incentives for private, public, and cooperative sectors to enhance production and ensure affordable supply amidst global market volatility.

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Foreign Policy Watch: United Nations

India and Spain slam attacks on UN troops in Lebanon

Note4Students

From UPSC perspective, the following things are important :

Mains level: United Nations; Role of UN peacekeeper;

Why in the News?

During mid-October, 34 UNIFIL troop-contributing Nations condemned attacks on peacekeepers and urged respect for UNIFIL’s mission. Although not listed, India expressed full alignment with the joint statement.

About UNIFIL: 

UNIFIL (United Nations Interim Force in Lebanon) is a peacekeeping mission established in 1978, focused on monitoring the cessation of hostilities, supporting Lebanese stability, and ensuring security along the Lebanon-Israel Blue Line.

What prompted the condemnation from India and Spain regarding the attacks on UN peacekeepers?

  • Repeated Targeting of Peacekeepers: Peacekeepers, including Indian personnel, faced direct attacks, such as IDF tank fire on UNIFIL positions and deliberate disabling of surveillance systems. Spain, along with other European countries, condemned these attacks as “unjustifiable.”
  • Violation of International Norms: These attacks on UN peacekeeping personnel and facilities violated the UN mandate, undermining the peacekeepers’ protection under international humanitarian law. Both India and Spain view this as a significant breach of norms that safeguard the sanctity of UN missions.
  • Response to Escalating Risk to Peacekeepers: Statements from both India and Spain emphasized the need for respecting UN premises’ “inviolability” and maintaining safety for peacekeepers amidst escalations, underscoring the importance of ensuring the protection and security of peacekeepers.

What is the significance of UNIFIL’s role in Lebanon, and how do India and Spain view it?

  • Peacekeeping and Stability: UNIFIL is crucial in mediating and maintaining peace along the Blue Line between Israel and Lebanon. Its presence serves as a stabilizing force, helping prevent spillovers of conflict, which is essential for regional peace.
  • India’s Role as a Major Contributor: With 903 personnel deployed, India plays a substantial role in peacekeeping efforts, reflecting its commitment to UN missions and highlighting the need for global respect toward UN mandates.
  • Spain’s Support for UNIFIL’s Mission: Spain aligns with other European countries in reinforcing UNIFIL’s role in regional stability. By condemning attacks, Spain emphasizes the importance of this mission in Lebanon and, by extension, its support for UN peacekeeping mandates globally.

How do these events relate to broader geopolitical tensions in the region?

  • Regional Escalations and Proxy Conflicts: The ongoing conflict between Israel and Hezbollah, particularly in Lebanon, feeds into broader geopolitical dynamics involving Israeli security concerns, Lebanese stability, and Iran’s influence through Hezbollah.
  • Impact on Global Diplomacy: The hostilities and targeting of UN peacekeepers may strain diplomatic relations, as countries urge Israel to respect international norms and safeguard peacekeepers. This may influence the UN Security Council’s approach, emphasizing a unified international stance against actions threatening UN missions.
  • Pressure on Multinational Cooperation and Regional Security: The events underscore the risks of operating in volatile zones where multinational peacekeeping efforts face direct threats.

Way forward:

  • Strengthen Diplomatic Engagement: India should actively engage with the UN Security Council and regional stakeholders to advocate for stringent measures ensuring the protection of UN peacekeepers and upholding the sanctity of UN mandates in conflict zones.
  • Enhance Contingency Protocols for Peacekeepers: India should work with UNIFIL and other troop-contributing countries to strengthen on-ground security protocols and response mechanisms.

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Industrial Sector Updates – Industrial Policy, Ease of Doing Business, etc.

Sustainability science for FMCGs

Note4Students

From UPSC perspective, the following things are important :

Mains level: Sustainable production;

Why in the News?

India’s Anusandhan National Research Foundation and the BioE3 policy promote academia-industry collaboration, driving the bioeconomy for economic growth, sustainability, and climate action commitment.

What is BioE3 policy? 

The BioE3 policy aims to transform chemical industries into sustainable bio-based models, promoting biotechnology to drive economic growth, protect the environment, and create jobs, supporting India’s sustainable development and climate goals.

Primary Environmental impacts associated with FMCG production and consumption:

  • Resource Depletion: The production of FMCGs often requires significant natural resources, such as water, energy, and raw materials. For example, palm oil, widely used in food and personal care products, leads to deforestation when forests are cleared for plantations.
  • Greenhouse Gas Emissions: The manufacturing and distribution of FMCGs contribute to greenhouse gas emissions at multiple stages, from sourcing raw materials to production processes and transportation.
  • Waste Generation: FMCGs, especially those with single-use packaging (e.g., plastics), generate a considerable amount of waste, which ends up in landfills or the ocean, causing environmental pollution.
  • Water Pollution: The production and use of FMCGs, such as soaps, detergents, and other chemicals, can lead to water pollution through the discharge of untreated wastewater containing harmful substances.
  • Loss of Biodiversity: The agricultural practices used to source raw materials like palm oil can lead to habitat destruction, thereby threatening biodiversity. Monoculture farming and deforestation disrupt ecosystems and endanger wildlife.

How can FMCG companies implement sustainable practices across their supply chains?

  • Companies should adopt responsible sourcing policies, such as using certified sustainable palm oil and other raw materials that adhere to ‘No Deforestation, No Peat’ policies.
  • Implementing energy-efficient processes, switching to renewable energy sources, and optimizing logistics to reduce emissions can minimize the carbon footprint across the supply chain.
  • Emphasizing recycling, reusing materials, and developing biodegradable or compostable packaging can help reduce waste and resource depletion.
  • The integration of bio-based or synthetic alternatives to traditional materials can also be beneficial.
  • Companies should implement measures to reduce water usage in manufacturing and treat wastewater to prevent water pollution.
  • Working with smallholder farmers to implement regenerative agricultural practices can help restore soil health, improve biodiversity, and support sustainable livelihoods.

What metrics should be used to measure the effectiveness of sustainability initiatives in FMCGs?

  • Carbon Footprint Reduction: Tracking greenhouse gas emissions across the supply chain and setting targets for reducing Scope 1, 2, and 3 emissions.
  • Sustainable Sourcing Percentage: Measuring the proportion of raw materials sourced sustainably, such as certified palm oil or recycled materials.
  • Waste Reduction and Recycling Rates: Monitoring the volume of waste generated, the amount sent to landfills, and the recycling rate of packaging materials.
  • Water Usage and Pollution Levels: Tracking water consumption in production and measuring the quality of wastewater discharged to ensure compliance with environmental standards.
  • Biodiversity Impact: Assessing the effect of sourcing practices on ecosystems and tracking initiatives to protect or restore biodiversity.
  • Product Sustainability Index: Developing a sustainability index for products that takes into account their entire life cycle, from raw material extraction to end-of-life disposal.

Way forward: 

  • Strengthen Collaboration and Innovation: Foster partnerships between academia, industry, and government to drive research and development of sustainable alternatives to traditional materials, such as palm oil, and implement innovative practices throughout the FMCG supply chain.
  • Implement Comprehensive Sustainability Frameworks: Establish regulatory frameworks that incentivize sustainable practices, including mandatory reporting on sustainability metrics, eco-labelling for products, and support for circular economy initiatives to minimize waste and resource depletion.

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Aadhaar Card Issues

SC rules that Aadhaar cannot be used as proof of date of birth

Note4Students

From UPSC perspective, the following things are important :

Mains level: Supreme court role;

Why in the News?

The Supreme Court ruled that Aadhaar cards cannot be accepted as proof of age, as other official documents like the School Leaving Certificate are more appropriate for this purpose.

What are the legal implications of the SC’s ruling on Aadhaar as proof of date of birth?

  • The ruling reinforces the legal stance that Aadhaar is primarily intended for identity verification rather than as a document for verifying age or date of birth. This aligns with the previous Supreme Court judgment in 2018, which defined Aadhaar as “proof of identity” rather than proof of age or residence.
  • By citing the Juvenile Justice Act and previous HC judgments, the SC emphasized that statutory provisions and established legal precedents should guide the determination of age.
    • This consistency ensures that legal processes are not diluted by using documents like Aadhaar, which lack stringent verification for date of birth.
  • The ruling adheres to UIDAI’s own circular, which states that Aadhaar is not intended to serve as proof of date of birth. This reduces potential misuse or misinterpretation of the Aadhaar card’s scope and usage.

How will this decision impact individuals and agencies that utilize Aadhaar for identity verification?

  • Impact on Identity Verification Practices: While Aadhaar remains a valid document for identity verification, organizations and institutions will need to reassess the supporting documents they accept for age-related verification.
    • For instance, banks, insurance companies, and government agencies may need to request additional documents when the date of birth is a critical factor.
  • Review of Policies in Government Schemes: Agencies implementing government schemes may need to revise their processes to comply with this ruling, ensuring that alternative documents are requested for verifying age-related eligibility.
  • Impact on Legal and Compensation Cases: In cases where age is a factor in calculating benefits, legal entities must rely on more reliable documents, such as birth certificates or school records, instead of Aadhaar.

What alternative documents can be used for verifying the DoB following this ruling?

  • School Leaving Certificate/Matriculation Certificate: This is often considered the most reliable document for verifying the age of an individual, as it is issued based on records from the time of schooling.
  • Birth Certificate: The birth certificate remains the primary document for establishing a person’s date of birth as it is issued by a government authority at the time of birth.
  • Passport: As an official government document that undergoes strict verification, the passport can serve as valid proof of age.
  • Government-issued Certificates (e.g., PAN Card): While not always requested for age verification, documents like the PAN card can also be used in some cases where other primary documents are unavailable.
  • Driver’s License or Voter ID (if Date of Birth is Mentioned): These documents, where the date of birth is explicitly recorded, could be used as supporting evidence for age verification.

Way forward: 

  • Strengthen Guidelines for Acceptable Age Verification Documents: Government agencies, financial institutions, and service providers should clearly outline which documents are accepted for age verification, prioritizing reliable records like birth certificates and school certificates to ensure consistency and compliance.
  • Enhance Public Awareness on Aadhaar’s Usage Limitations: The government should initiate campaigns to educate citizens about Aadhaar’s limitations as age proof and encourage the use of appropriate documents for age-related matters, reducing confusion and potential legal disputes.

Mains PYQ:

Q Two parallel run schemes of the Government, viz the Adhar card and NPM, one of voluntary and the other as compulsory, have led to debates at national levels and also litigations. On merits , discuss whether or not both schemes need run concurrently. Analyse the potential of the schemes to achieve development benefits and equitable growth (UPSC IAS/2014)

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Foreign Policy Watch: India-United States

Caught in intersections, the Harris multicultural tent

Note4Students

From UPSC perspective, the following things are important :

Mains level: India-USA relation;

Why in the News?

The recent news highlights how Donald Trump has been leveraging Kamala Harris’s multifaceted identity—being Black, Indian-American, and a woman—to create divisions within the Democratic Party’s diverse coalition.

How does Kamala Harris’s multifaceted identity impact her political positioning?

  • Diverse Representation: Kamala Harris’s identity as a Black woman of Indian descent allows her to connect with multiple voter demographics, potentially uniting diverse groups under a common political agenda.
  • Target for Opposition: Her identity also makes her a target for opponents, like Donald Trump, who may attempt to exploit racial and cultural tensions to drive wedges within the Democratic base.
  • Advocacy for Intersectionality: Harris’s multifaceted identity supports her advocacy for policies that address various forms of discrimination, appealing to progressive voters who value diversity and inclusion.

Supreme Court Ruling on Minority on June 2023: 

  • Violation of Equal Protection: The Supreme Court’s 6-3 ruling declared Harvard and UNC’s (University of North Carolina) race-based admissions unconstitutional, citing violations of the Equal Protection Clause and racial stereotyping.
  • Minority Representation: The decision is likely to decrease African-American enrollment at top universities while benefiting Asian-American admissions, raising concerns about equity.
    • The ruling could extend beyond higher education, affecting K-12 schooling and race-related employment practices under Title VII.
K-12 education refers to the comprehensive educational system that spans from kindergarten (K) through 12th grade. This structure is designed to provide a standardized framework for formal education, primarily in the United States, Canada, and several other countries.

What are the implications of the SC’s ruling on affirmative action for Minority Groups?

  • Shift in Demographics: The Supreme Court’s ruling, which prohibits race-based considerations in college admissions, has resulted in a significant decrease in African-American representation at prestigious universities while benefiting Asian-American admissions.
  • Heightened Tensions: The ruling exacerbates existing tensions between different minority groups, particularly between African Americans and Asian-Americans, as the latter may perceive an advantage in admissions due to the ruling, creating conflict over perceived equity in opportunities.
  • Reevaluation of Policies: Minority groups may need to reassess their strategies for achieving representation and equity in educational and professional fields in light of changing admission policies and their implications on access.

How do intersectional conflicts among minority groups manifest in contemporary politics?

  • Competing Interests: Conflicts arise when minority groups, such as African-Americans and Asian-Americans, have differing views on policies like affirmative action, leading to a fragmented approach to addressing discrimination and inequality.
  • Political Polarization: Issues like immigration and welfare policies create further divisions, as different groups may align with political parties based on how they perceive their interests are being served or threatened.
  • Influence on Electoral Dynamics: The intersections of race, ethnicity, and social issues complicate the electoral landscape, as political candidates and parties navigate these dynamics to appeal to various voting blocs, often leading to strategic alignments or divisions within the broader minority coalition.

Conclusion: Kamala Harris’s identity influences U.S. politics, highlighting racial dynamics and intersectional conflicts. The Supreme Court’s affirmative action ruling fuels tensions among minority groups, while the election’s outcome could reshape U.S.-India relations and diaspora engagement policies.

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Euthanasia Mercy Killing

How passive euthanasia works in India?

Note4Students

From UPSC perspective, the following things are important :

Mains level: Health Care; Passive Euthanasia; Palliative Care;

Why in the News?

Min. of Health and Family Welfare issued draft Guidelines for the withdrawal of life support in terminally ill Patients, aimed at implementing the Supreme Court’s 2018 and 2023 rulings that uphold the right to die with dignity for all Indians.

What is Passive euthanasia? 

Passive euthanasia involves allowing a terminally ill patient to die naturally by withholding or withdrawing life-sustaining treatments, like ventilators when they no longer provide benefits.

What are the draft guidelines released by the Ministry of Health and Family Welfare?

  • The guidelines aim to operationalize the Supreme Court’s 2018 and 2023 orders, which recognize the right to die with dignity as part of Article 21 of the Indian Constitution.
  • Key Mechanisms Proposed:
    • Primary and Secondary Medical Boards: Hospitals are required to set up these boards to determine when further medical treatment for a terminally ill patient would no longer be beneficial.
    • Nomination of Doctors: District Chief Medical Officers will nominate doctors to serve on Secondary Medical Boards to confirm or reject the Primary Medical Board’s recommendations.
  • While India does not have dedicated legislation on withholding or withdrawing life-sustaining treatment, these guidelines and the Supreme Court’s judgments provide a defined legal framework to make these actions lawful.

What is meant by withholding/withdrawing life-sustaining treatment?

  • It refers to discontinuing medical interventions, such as ventilators or feeding tubes, when they no longer contribute to the patient’s recovery or only prolong suffering.
  • Life-sustaining treatments replace essential bodily functions artificially (e.g., mechanical ventilation, artificial nutrition).
  • The intention is to allow the underlying illness to take its natural course while providing comfort care, focusing on symptomatic relief and palliative care.
  • The right to refuse medical treatment is recognized under common law and is considered part of India’s fundamental right to life and personal liberty (Article 21).

Is Withholding/Withdrawing treatment akin to giving up on the patient?

  • Withholding or withdrawing treatment does not mean the doctor is giving up on the patient. It is an acknowledgment that continued medical intervention may no longer be beneficial and could cause unnecessary suffering.
  • The process involves shifting the focus from life-sustaining measures to palliative care to manage pain and ensure the patient’s comfort.
  • Often, doctors practice “discharge against medical advice” because of misconceptions about the legality of withholding/withdrawing treatment. This practice leads to patients suffering without appropriate care.

What medical procedure is laid down by the SC and reaffirmed by the guidelines?

  • Primary Medical Board assessment: A hospital-level board, including the treating doctor and two experienced experts, evaluates the patient’s condition to recommend withholding/withdrawing treatment.
  • Secondary Medical Board review: A different board, nominated by the district Chief Medical Officer, reviews the Primary Board’s decision for an additional level of checks.
  • Consent and Judicial notification: Consent from the patient’s surrogate decision-makers or advance directive nominees is required, and the decision must be notified to the local judicial magistrate.

Way forward: 

  • Public Awareness and Training: Educate the public and healthcare professionals about the legal framework for end-of-life care, emphasizing the distinction between withholding treatment and euthanasia, to reduce misconceptions.
  • Strengthen Palliative Care Services: Expand access to palliative care across hospitals and healthcare facilities, ensuring that terminally ill patients receive compassionate and effective pain management and comfort care.

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Wildlife Conservation Efforts

Why ‘protected’ areas are seeing faster biodiversity decline?

Note4Students

From UPSC perspective, the following things are important :

Mains level: Climate Change; Biodiversity; Biodiversity Intactness Index;

Why in the News?

According to a recent study conducted by the Natural History Museum (NHM) in London, biodiversity is decreasing more rapidly within key protected areas than outside of them.

What did the Biodiversity Intactness Index (BII) say?

  • The Biodiversity Intactness Index (BII) is a quantitative measure designed to assess the state of terrestrial biodiversity with its natural baseline, before significant human impact.
  • It decreased by 1.88% points globally between 2000 and 2020, indicating a loss in the average natural biodiversity of regions worldwide.
  • Within the 22% of ‘Critical Biodiversity Areas’ that are protected, biodiversity has declined by 2.1 percentage points, while non-protected areas saw a decline of 1.9 percentage points during the same period.

Why is the decline happening?

  • Inadequate Ecosystem Protection: Many protected areas focus only on specific species rather than the entire ecosystem, failing to prioritize overall biodiversity intactness.
  • Pre-existing Degradation: Some protected areas may have been already degraded before being designated as protected, limiting their effectiveness in conserving biodiversity.
  • External Threats: Activities such as oil, gas, and mining concessions encroach on protected areas, leading to habitat destruction and further biodiversity loss.
  • Climate Crisis Impact: Increased frequency of extreme weather events, such as droughts and wildfires, has severely affected protected areas, undermining their conservation efforts.

Steps taken by the Indian Government to conserve biodiversity:

  • Legislative Framework

      • Biological Diversity Act, 2002: Established to conserve biological resources and regulate access to these resources, ensuring equitable sharing of benefits derived from their use.
      • Wild Life (Protection) Act, 1972: Facilitates the creation of Protected Areas for wildlife conservation and imposes penalties for illegal hunting.
  • Conservation Policies:

      • Project Tiger: Launched in 1973, this initiative aims to protect tiger populations across designated reserves.
      • Project Elephant: Initiated in 1992, it focuses on the management and protection of wild elephant populations and their habitats.
      • National Biodiversity Mission: A mission mode initiative aimed at documenting and conserving India’s biodiversity.
  • Protected Areas

    • Establishment of a Protected Area Network: This includes National Parks, Wildlife Sanctuaries, Conservation Reserves, and Community Reserves to provide better protection for wildlife and their habitats.
    • Designation of Biosphere Reserves: These reserves are aimed at conserving representative ecosystems.

What should be done? (Way forward)

  • Ecosystem-Centric Management: Shift focus from individual species to the overall health of ecosystems to ensuring comprehensive protection of habitats and their interdependent species.
  • Strengthened Protection and Regulation: Implement stricter regulations to limit industrial activities (e.g., oil and gas exploration) within and around protected areas, alongside enforcing more robust land-use policies.
  • Community Engagement and Education: Involve local communities in conservation efforts and enhance public awareness about biodiversity’s importance, fostering a collective responsibility for sustainable practices.

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Trade Sector Updates – Falling Exports, TIES, MEIS, Foreign Trade Policy, etc.

Fair Trade 

Note4Students

From UPSC perspective, the following things are important :

Mains level: Carbon market;

Why in the News?

In preparation for the 29th edition of the COP in Baku, Azerbaijan, next month, there is renewed momentum within government circles to expedite the transition of Indian industry to carbon markets.

What is meant by the Carbon Trade Policy?

  • It is a market-based approach to control pollution by providing economic incentives for achieving reductions in the emissions of pollutants.
  • It sets a quantitative limit on emissions, by allowing member countries with lower emissions to sell rights to emit carbon to higher-emitting entities, promoting cost-effective carbon reduction.

Why India must develop a transparent Carbon Trade Policy?

  • A clear and transparent policy will boost investor confidence, attracting both domestic and foreign investments in green technologies and carbon-reduction projects.
  • Establishing robust verification and reporting mechanisms will enhance the integrity of carbon credits, preventing issues like double counting and greenwashing, and fostering trust among stakeholders.
  • A transparent policy will help align India’s efforts with global climate commitments, enabling effective tracking of emissions reductions and promoting sustainable economic growth.

How effective is ‘Fair Trade’ in achieving its Goals?

  • Promotion of Sustainable Practices: Just as Fair Trade supports environmentally sustainable agriculture practices, carbon markets incentivize companies to adopt greener technologies and reduce emissions. Both aim to create a more sustainable future.
  • Empowerment of Stakeholders: Fair Trade empowers marginalized producers by providing fair prices and market access, similar to how carbon markets can benefit developing countries like India by enabling them to sell carbon credits generated from emissions reductions.
  • Economic Benefits: Fair Trade aims to create economic stability for producers, while carbon markets can generate revenue for countries that invest in carbon-reduction projects, creating a financial incentive for participating in emissions trading.
  • Global Impact Awareness: Both Fair Trade and carbon markets raise awareness about global issues—Fair Trade regarding trade equity and carbon markets regarding climate change, fostering a sense of responsibility among consumers and companies.

What are the limitations and challenges facing Fair Trade certification?

  • Certification Costs: The financial burden of obtaining Fair Trade certification can be a significant barrier for small producers. Similarly, transitioning to carbon markets may involve high initial costs for companies to implement the necessary technologies and processes.
  • Market Accessibility: Fair Trade products may not have guaranteed market access, mirroring potential challenges in carbon markets where the demand for carbon credits may fluctuate based on regulations and market conditions.
  • Complex Standards: Just as Fair Trade certification has varying standards, the guidelines under Article 6 of the Paris Agreement can also lead to confusion about which carbon-reduction activities are eligible for trading.

How can consumers effectively support Fair Trade initiatives?

  • Support Certified Products: Consumers can choose Fair Trade products, which, like carbon credits, require a conscious decision to support ethical and sustainable practices.
  • Educate and Advocate: Just as consumers can promote Fair Trade awareness, they can also advocate for transparent carbon markets and support policies that foster sustainable practices.
  • Engagement with Companies: Consumers can encourage businesses to participate in Fair Trade and carbon markets by demanding accountability and sustainability in their supply chains.
  • Community Participation: Involvement in local Fair Trade events can parallel participation in climate action initiatives, such as local carbon offset programs or sustainability projects, thereby supporting both movements.
  • Utilizing Social Media: Consumers can leverage social media to share information about Fair Trade and carbon markets, helping to amplify their importance and drive consumer engagement.

Way forward: 

  • Strengthen Certification Accessibility: Lower the cost and simplify the certification process to make Fair Trade more accessible for small-scale producers, boosting their participation and benefits.
  • Enhance Consumer Education: Increase awareness campaigns about the impact of Fair Trade, encouraging more people to support certified products and promoting ethical consumption habits.

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Minority Issues – SC, ST, Dalits, OBC, Reservations, etc.

Move on madrasas, the alienation of Muslims

Note4Students

From UPSC perspective, the following things are important :

Mains level: Right to education;

Why in the News?

The Supreme Court’s move to block the NCPCR’s recommendations to stop funding madrasas that don’t follow the RTE Act, 2009, and conduct inspections, along with related actions by the Centre and states, has brought some relief to minorities and secular-minded people.

What reforms are necessary to modernize madrasa education and address public perceptions?

  • Curriculum Integration: Need to introduce a balanced curriculum that combines religious studies with modern subjects like science, mathematics, and social studies to make madrasa education more holistic and aligned with mainstream education standards.
  • Teacher Training and Certification: Ensure that madrasa teachers receive proper training in contemporary pedagogy and modern subjects.
  • Infrastructure Development: Improve madrasa facilities to provide a conducive learning environment. This includes better classrooms, libraries, laboratories, and access to technology for digital learning.
  • Monitoring and Evaluation: Establish a framework to regularly assess and monitor the quality of education in madrasas.
  • Vocational and Skill-Based Training: Incorporate vocational courses and skill development programs to equip students with practical skills that can improve their employability.
  • Awareness Programs: Need to run awareness campaigns to inform the community about the value of modernizing madrasa education.

How do political narratives and policies affect the perception of madrasas among the Muslim community?

  • Communal Narratives and Stereotyping: Political narratives often portray madrasas as breeding grounds for extremism, which affects the public’s perception, especially among non-Muslims.
  • Legislative and Policy Decisions: Policies such as withdrawing government funding or enforcing stringent regulations can create a perception of bias against Muslim educational institutions.
  • Historical Reason and Islamophobia: Historical events like the U.S.-Taliban conflict have influenced perceptions of madrasas, linking them to extremism. Political rhetoric often builds on these associations to foster Islamophobic sentiments.
  • Social Justice versus Appeasement: There is a debate on whether supporting madrasas financially is an act of social justice (ensuring access to education) or appeasement.

What role can madrasas play in promoting social cohesion and countering extremism?

  • Interfaith Learning and Dialogue: Madrasas can include teachings that promote understanding and respect for other religions.
  • Combating Radicalization: By modernizing curricula to include secular education and critical thinking, madrasas can counter extremist narratives. An informed and educated student body is more resilient to radical ideologies.
  • Community Engagement Programs: Madrasas can play a role in community service and outreach, helping bridge the gap between Muslim communities and others. This engagement can dispel misconceptions and build mutual trust.
  • Promoting National Values and Secular Ideals: Incorporating national education standards in madrasas can help in promoting the values enshrined in the Indian Constitution, such as secularism, social justice, and equality.

Way forward: 

  • Comprehensive Policy Reforms: Develop a national framework that integrates modern subjects into madrasa education, provides teacher training, and ensures quality monitoring.
  • Community and Interfaith Initiatives: Launch awareness programs to highlight the benefits of modernizing madrasa education while encouraging interfaith dialogue and community engagement.

Mains PYQ:

Q The Right of Children to Free and Compulsory Education Act, 2009 remains inadequate in promoting an incentive-based system for children’s education without generating awareness about the importance of schooling. Analyse. (UPSC IAS/2016)

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Wildlife Conservation Efforts

US court to decide whether elephants get human rights

Note4Students

From UPSC perspective, the following things are important :

Mains level: Rights of nonhuman;

Why in the News?

Colorado’s highest court recently reviewed whether older African female elephants can legally contest their captivity, as the NonHuman Rights Project claims they are unlawfully confined.

What is nonhuman?

  • Nonhuman animals are living beings other than humans, including mammals, birds, reptiles, fish, and insects, recognized for their capacity to feel, behave, and interact.

What is Legal personhood? 

  • Legal personhood is the status granted to an entity, allowing it to hold legal rights and obligations, traditionally applied to humans and some organizations.
  • Example: All human individuals are recognized as legal persons. This allows them to enter into contracts, sue, and be sued in court.

What Constitutes Legal Personhood for Nonhuman Animals?

  • Legal Personhood Definition: Legal personhood refers to the capacity of an entity to have legal rights and duties. In law, a “person” is not strictly limited to human beings; corporations, for example, are considered legal persons.
  • Application to Nonhuman Animals: Extending legal personhood to nonhuman animals involves granting them certain legal rights, such as the right to not be unlawfully confined or exploited. This would require redefining animals’ status from property to beings with inherent rights.
  • Arguments in Favor: Proponents argue that certain highly intelligent and socially complex animals, such as elephants, dolphins, and great apes, should be granted legal rights because they can experience suffering and possess a degree of autonomy akin to that of humans.
  • Arguments Against: Opponents of legal personhood for animals argue that the legal system is designed for human society and extending personhood to animals could lead to complex legal issues.
    • They contend that animal welfare can be ensured through legislative protections rather than redefining personhood.

How can societies balance animal welfare with cultural practices that might clash with today’s views on animal rights?

  • Engagement and Dialogue: Encourage conversations between cultural leaders, communities, and animal rights advocates to understand different perspectives and find common ground on how to improve animal welfare while respecting traditions.
  • Education and Awareness: Promote education about animal welfare and the capacity of animals to feel pain and suffering, helping communities to reconsider practices and adopt alternatives that align with both cultural values and humane treatment.
  • Legal Frameworks: Implement laws that protect animal welfare while allowing for cultural practices to continue in a regulated manner, ensuring that such practices do not involve cruelty or inhumane treatment of animals.

What are the Rights of Animals in the Indian Context?

  • Traditional and Cultural Practices: In India, animals play a significant role in various cultural and religious practices. For instance, cows are considered sacred in Hinduism, while elephants are used in festivals and ceremonies.
  • Legal Framework for Animal Rights: India has several laws aimed at protecting animal rights, such as the Prevention of Cruelty to Animals Act, 1960, and the Wildlife Protection Act, 1972. These laws establish standards for animal welfare and criminalize cruelty.
    • However, they stop short of granting legal personhood to animals.
  • Judicial Intervention: The Indian judiciary has taken progressive stances on animal rights in some cases.
    • For example, the Uttarakhand High Court in 2018 declared all animals in the state to be legal entities, with citizens acting as guardians. This ruling emphasized the need to protect animals’ dignity and well-being, though it did not grant full legal personhood.

Conclusion: India can look toward a framework that balances animal welfare with cultural practices by adopting context-specific policies. This could include creating more robust welfare standards, engaging with communities to find humane alternatives, and fostering a cultural shift toward greater empathy for animals.

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

World Polio Day: How India managed to eradicate polio?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: World Polio Day

Mains level: Polio Eradication

Why in the News?

October 24 is recognized as World Polio Day, a commemoration established by Rotary International to honor the birth of Jonas Salk, who spearheaded the development of the first vaccine against polio in the 1950s.

What key strategies contributed to the successful eradication of polio in India?

  • Comprehensive Vaccination Campaigns: India implemented large-scale vaccination drives starting in 1972, which expanded under the Universal Immunisation Programme (UIP) in 1985.
  • Community Engagement and Awareness: Targeted awareness campaigns were crucial, utilizing local health workers to administer oral polio drops, which made vaccination accessible.
  • Effective Messaging: The slogan “do boond zindagi ki” (two drops of life) resonated well with the public. Utilizing celebrities like Amitabh Bachchan and integrating health messages into popular media further amplified awareness.
  • Robust Surveillance System: A multilayered surveillance mechanism was developed to monitor acute flaccid paralysis (AFP) cases, enabling prompt immunisation of affected populations. This system involved local informers, including community health workers and doctors.
  • Targeted Interventions for High-Risk Areas: By 2009, efforts were concentrated in specific regions, particularly in Uttar Pradesh and Bihar, where most cases were reported. This targeted approach was critical in reducing transmission rates.
  • Collaboration with International Agencies: The eradication campaign was supported by various international bodies such as WHO, UNICEF, and the Bill and Melinda Gates Foundation, ensuring financial and logistical backing.

How did India address the challenges of vaccine hesitancy among specific communities?

  • Engagement with Community Leaders: To address religious concerns and misinformation, influential figures such as imams and local leaders were involved. Their endorsements played a significant role in countering myths about the vaccine.
  • Targeted Communication Strategies: Awareness efforts were tailored to specific communities, focusing on dispelling myths surrounding the vaccine, such as fears about impotence and cultural taboos against its ingredients.
  • Culturally Sensitive Messaging: Messaging was crafted in local languages and through community-specific narratives, ensuring that it resonated with the cultural context of various groups.

What lessons can be learned from India’s polio eradication efforts for future public health campaigns?

  • Importance of Community Involvement: Engaging local leaders and community members is vital for building trust and addressing vaccine hesitancy effectively.
  • Flexibility in Implementation: Tailoring vaccination drives to accommodate local cultural practices, work schedules, and geographic challenges can enhance participation rates.
  • Sustained Awareness Efforts: Continuous education and awareness campaigns are essential, especially in the face of evolving misinformation and cultural resistance.
  • Data-Driven Decision Making: The use of robust surveillance systems and data analytics to identify and target high-risk areas can help streamline public health interventions.
  • Collaboration with Multiple Stakeholders: Building partnerships between government agencies, international organizations, and local communities can strengthen public health responses and resource mobilization.

Conclusion: Need to establish sustainable platforms for continuous dialogue between healthcare providers and community leaders to address health concerns, build trust, and ensure community-specific health initiatives are effectively communicated and implemented.

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Minority Issues – SC, ST, Dalits, OBC, Reservations, etc.

Madarsa Education Act: SC reserves order on appeals against Allahabad HC’s ‘Unconstitutional’ verdict

Note4Students

From UPSC perspective, the following things are important :

Mains level: Importance of Secularism in India; Education; Judiciary;

Why in the News?

The Supreme Court reserved its decision on appeals challenging the Allahabad HC’s verdict, which declared the Uttar Pradesh Board of Madarsa Education Act, 2004 as ‘Unconstitutional’.

What is the UP Madarsa Education Act of 2004?

  • The UP Board of Madarsa Education Act, 2004, was enacted to establish a regulatory framework for madrasas in the state.
  • Aim: To ensure the delivery of quality education in these institutions while aligning them with constitutional principles.
  • Key Provisions: The Act set up the Uttar Pradesh Board of Madarsa Education, responsible for prescribing curricula, conducting examinations, and certifying students in registered madrasas.
  • State Involvement: It allowed the government to provide grants, regulate the functioning of madrasas, and inspect their adherence to standards, ensuring uniformity and compliance with educational norms.

On what grounds did the Allahabad HC declare the Madarsa Act as ‘Unconstitutional’?

  • Violation of Secularism: The Allahabad High Court ruled that the Act violated the principle of secularism, which is a fundamental aspect of the Indian Constitution.
    • The court held that the state’s direct involvement in the administration and funding of religious institutions like madrasas contradicted the secular character enshrined in the Constitution.
  • Equality Before Law: The Act was also found to contravene Article 14, which ensures equality before the law.
    • The court noted that providing special educational arrangements for madrasas amounted to favoring a particular religious community, which was deemed discriminatory against others.

What are the key arguments on the Constitutionality of the Madarsa Education Act before the SC?

  • For the Act’s Constitutionality:
    • Promoting Educational Rights: Petitioners argued that the Act was intended to improve the quality of education in madrasas by incorporating modern subjects, thereby fulfilling the state’s obligation under Article 21A (Right to Education).
    • Minority Rights Protection: They contended that the Act safeguarded the rights of religious and linguistic minorities to establish and administer educational institutions of their choice under Article 30.
  • Against the Act’s Constitutionality:
    • State Involvement in Religious Education: Critics argued that the state’s involvement in regulating and funding madrasas blurred the line between state and religion, thus it leads to violating the secular framework.
    • Discriminatory Approach: It was contended that the Act granted privileges to one community’s educational institutions, potentially discriminating against others.
    • Alternative Educational Models: The state’s direct regulation of madrasas was seen as unnecessary when secular education could be provided through other existing educational frameworks.

What are the wider Implications of the SC’s decision on the Madarsa Education Act?

  • Impact on Minority Educational Rights: If the Supreme Court upholds the Act, it may strengthen the right of minorities to receive state support for their educational institutions.
    • Conversely, striking down the Act could set a precedent for limiting state involvement in religious institutions.
  • Revisiting the Secularism Principle: The ruling could lead to a reassessment of how secularism is interpreted, particularly concerning state interactions with minority educational institutions.
  • Implications for Other Religious Schools: The judgment could have broader ramifications for other religious institutions that receive government aid or regulation, potentially prompting similar legal challenges.
  • Integration of Madrasas into Mainstream Education: If the Act is declared unconstitutional, the state may need to find alternative ways to integrate madrasa students into the formal educational system without compromising on their cultural and religious needs.

What reforms are necessary to modernize madrasa education and address public perceptions?

  • Curriculum Integration: Need to introduce a balanced curriculum that combines religious studies with modern subjects like science, mathematics, and social studies to make madrasa education more holistic and aligned with mainstream education standards.
  • Teacher Training and Certification: Ensure that madrasa teachers receive proper training in contemporary pedagogy and modern subjects.
  • Infrastructure Development: Improve madrasa facilities to provide a conducive learning environment. This includes better classrooms, libraries, laboratories, and access to technology for digital learning.
  • Monitoring and Evaluation: Establish a framework to regularly assess and monitor the quality of education in madrasas.
  • Vocational and Skill-Based Training: Incorporate vocational courses and skill development programs to equip students with practical skills that can improve their employability.
  • Awareness Programs: Need to run awareness campaigns to inform the community about the value of modernizing madrasa education.

Way forward: 

  • Reform the Act to Align with Secular Principles: Amend the Act to focus on educational standards without direct state involvement in religious affairs, ensuring compliance with constitutional values of secularism and equality.
  • Promote Inclusive Educational Models: Integrate madrasa education into the mainstream system by introducing modern subjects while respecting cultural and religious contexts, allowing students to benefit from both secular and religious education.

Back2Basics: Minority Educational Institutions in India:

Details
Constitutional Provision Article 30(1) of the Constitution of India grants linguistic and religious minorities the right to establish and administer educational institutions of their choice.
Legislative Framework National Commission for Minority Educational Institutions Act, 2004 safeguards the educational rights of minorities as per Article 30(1).
Definition A “Minority Educational Institution” is defined as a college or institution established or maintained by a person or group from amongst the minorities (Section 2(g) of the Act).
Judicial Precedent In T.M.A. Pai Foundation vs. State of Karnataka (2002), the Supreme Court ruled that minority status is determined by state demographics, not national population.
Rights of Minority Institutions Article 29 protects the interests of minorities by allowing them to conserve their distinct language, script, or culture.

  • Minority institutions do not have an absolute right to appoint staff;
  • This was upheld in the context of the West Bengal Madrasah Service Commission Act, 2008.
Recognized Minority Communities Muslims, Sikhs, Christians, Buddhists, Jains, and Zoroastrians (Parsis) are recognized as minority communities under the National Commission for Minorities Act of 1992.
Significance Minority educational institutions play a crucial role in preserving the cultural and linguistic heritage of minority communities while providing access to education.

Mains PYQ:

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

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Climate Change Negotiations – UNFCCC, COP, Other Conventions and Protocols

Biodiversity COP16

Note4Students

From UPSC perspective, the following things are important :

Mains level: Climate change; COP 16;

Why in the News?

For the upcoming Annual Climate Change meeting set to take place in Baku (Azerbaijan), on November 11, countries are currently gathered in Cali, Colombia, for the biennial UN Biodiversity Conference.

What is the significance of COP16 in the context of Global biodiversity?

  • Post-Kunming-Montreal Framework Implementation: COP16 is the first meeting after the adoption of the Kunming-Montreal Global Biodiversity Framework (GBF) in 2022, which set ambitious targets for biodiversity conservation, including the 30 x 30 initiative (conserving 30% of lands and oceans by 2030).
  • Elevated Focus on Biodiversity: The conference seeks to bring biodiversity discussions to the forefront, similar to climate change negotiations, acknowledging the interconnectedness of biodiversity and climate crises.
  • Strengthening Global Commitments: COP16 aims to accelerate actions to halt biodiversity loss and set the stage for tracking the implementation of the GBF’s goals and targets, emphasizing the urgency of reversing ecosystem degradation.

Key Agendas for COP16:

  • 30 x 30 Targets: A key focus will be expediting progress on the 30 x 30 goals, ensuring protected areas cover at least 30% of lands and oceans, and initiating restoration in at least 30% of degraded ecosystems.
  • National Biodiversity Strategies and Action Plans (NBSAPs): Countries will discuss and submit their NBSAPs, outlining time-bound actions to achieve GBF targets. Only 32 out of 196 countries have submitted NBSAPs so far.
  • Access and Benefit Sharing (Nagoya Protocol): Negotiations will continue on sharing the benefits from genetic resources, particularly the use of digital genetic information, ensuring fair distribution of profits, especially to indigenous communities.
  • High Seas Treaty Alignment: Discussions will focus on the agreement for the conservation of marine biodiversity beyond national jurisdictions, including establishing protected marine areas and equitable sharing of resources.
  • Financing Biodiversity Conservation: Mobilizing $200 billion per year by 2030, including $20-30 billion annually from developed to developing countries, will be a key topic.

How will countries align their NBSAPs with the Global Biodiversity Framework?

  • Time-Bound Action Plans: NBSAPs will mirror the approach of Nationally Determined Contributions (NDCs) under the Paris Agreement, setting national goals aligned with the GBF’s targets to halt and reverse biodiversity loss by 2030.
  • Monitoring and Reporting: Countries will have to ensure that their NBSAPs reflect the GBF’s goals and include mechanisms for tracking progress, adapting strategies, and reporting regularly to the CBD Secretariat.
  • Integrating Regional Priorities: The NBSAPs will need to account for country-specific biodiversity challenges and regional ecological characteristics while aligning with the global targets set under the Kunming-Montreal Framework.

What role do various stakeholders play in achieving the objectives set out at COP16?

  • National Governments: Responsible for formulating and implementing NBSAPs, mobilizing financial resources, and creating policies that align with the GBF’s goals.
  • Indigenous and Local Communities: Vital for implementing conservation initiatives, especially in biodiversity-rich areas, and ensuring the fair sharing of benefits derived from traditional knowledge and resources.
  • Private Sector and Corporations: Expected to contribute to financing biodiversity conservation, adopt sustainable practices, and support the development of biodiversity credits and conservation-related projects.
  • International Organizations and NGOs: Will play a role in monitoring progress, providing technical assistance, advocating for biodiversity-friendly policies, and raising awareness about the importance of biodiversity conservation.
  • Scientific and Academic Institutions: Crucial for research, data collection, and providing evidence-based recommendations to guide biodiversity conservation strategies and the sustainable use of natural resources.

Way forward: India needs to enhance it’s regulatory frameworks and establish robust monitoring mechanisms to ensure the effective implementation of biodiversity conservation goals, including the 30 x 30 targets, and prevent the exploitation of ecosystems.

Previous Years Question:

Q). Describe the major outcomes of the 26th session of the Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCCC). What are the commitments made by India in this conference? (UPSC CSE 2021)

 

Q). Explain the purpose of the Green Grid Initiative launched at World Leaders Summit of the COP26 UN Climate Change Conference in Glasgow in November, 2021. When was this idea first floated in the International Solar Alliance (ISA)? (UPSC CSE 2021)

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Liquor Policy of States

SC upholds State legislatures’ right to regulate Industrial Alcohol as an ‘Intoxicant’

Note4Students

From UPSC perspective, the following things are important :

Mains level: Federal Issues; Center vs state; Internal Security;

Why in the News?

A nine-judge Constitution Bench, with an 8:1 majority, affirmed the authority of State legislatures to regulate industrial alcohol.

What is the definition of “intoxicating liquor” with industrial alcohol?

  • The SC’s ruling established that the term “intoxicating liquor” in Entry 8 of the State List should be interpreted broadly to include not only potable alcohol but also industrial alcohol, such as rectified spirit, extra neutral alcohol (ENA), and denatured spirit.
    • This definition extends beyond the popular meaning of “intoxicating liquor” as alcoholic beverages meant for consumption.
  • Public Health Consideration: The ruling emphasized that alcohol, in any form, is a noxious substance prone to misuse. Hence, industrial alcohol, which can potentially be diverted for the production of illicit or harmful alcoholic beverages, falls under the regulatory domain of the States to protect public health and safety.
  • Legal Precedent: The Court cited previous decisions where the interpretation of “intoxicating liquor” was not confined to just alcoholic beverages but also included forms of alcohol that could be detrimental to health if used improperly.

How does this ruling impact the balance of power between state and central governments?

  • Strengthening State Autonomy: The ruling affirms that States have the legislative competence to regulate industrial alcohol according to Entry 8 of the State List.
    • By upholding the States’ right to regulate industrial alcohol, the judgment reinforces federalism and the autonomy of State legislatures in matters that fall within the ambit of their constitutional authority.
    • This challenges the Centre’s claim to exclusive control over industrial alcohol under Entry 52 of the Union List, which pertains to industries regulated by the Union for public interest.
  • Restriction on Centre’s Authority: The judgment limits the Union government’s power and clarifies that Parliament’s control over industries under Entry 52 is limited and does not extend to regulating industrial alcohol in its entirety.

How does it impact the state revenues and public health?

  • State Revenues: The ruling potentially enhances States’ power to levy taxes and fees related to the production, manufacture, and sale of industrial alcohol. This could result in increased revenue generation from excise duties on alcohol-based products and licensing fees.
  • Public Health Regulation: Having greater regulatory control over the production and distribution of industrial alcohol will help the states curb the misuse of substances like rectified spirit and ENA in the production of illicit liquor. This can improve public health outcomes by reducing instances of alcohol poisoning and illicit liquor-related deaths.
  • Policy Formulation: The judgment may prompt States to strengthen policies and enforcement mechanisms regarding alcohol regulation, ensuring that industrial alcohol is not diverted for unauthorized uses.

Way forward: 

  • Strengthen Regulatory Framework: States should enhance monitoring and enforcement mechanisms to prevent the diversion of industrial alcohol for illicit uses, ensuring strict compliance with safety standards and public health protections.
  • Collaborative Policy Development: The Centre and States should work together to harmonize regulations, balancing State autonomy with national interests, while focusing on safeguarding public health and optimizing revenue generation from alcohol-related activities.

Previous Year Question:

Q) It is a State where prohibition is in force. You are recently appointed as the Superintendent of Police of a district notorious for illicit distillation of liquor. The illicit liquor leads to many deaths, reported and unreported, and causes a major problem for the district authorities. The approach till now had been to view it as a law and order problem and tackle it accordingly. Raids, arrests, police cases, and criminal trials – all these had only limited impact. The problem remains as serious as ever. Your inspections show that the parts of the district where the distillation flourishes are economically, industrially, and educationally backward. Agriculture is badly affected by poor irrigation facilities. Frequent clashes among communities gave a boost to illicit distillation. No major initiatives had taken place in the past either from the government’s side or from social organizations to improve the lot of the people. Which new approach will you adopt to bring the problem under control? (UPSC CSE 2018)

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Minority Issues – SC, ST, Dalits, OBC, Reservations, etc.

Secularism is a core part of the Constitution: SC

Why in the News?

On Monday, October 21, 2024, the Supreme Court affirmed that secularism is an integral and fundamental component of the Basic Structure of the Constitution.

Is Secularism an Unamendable Part of the Indian Constitution?

  • Part of the Basic Structure: The Supreme Court has consistently held that secularism is an essential and indelible part of the Basic Structure of the Indian Constitution. This means that even though the Preamble was amended in 1976 to include the word “secular,” the principles of secularism were considered inherent in the Constitution from the start.
  • Kesavananda Bharati Case (1973): The landmark judgment established the “Basic Structure Doctrine,” which states that certain fundamental features of the Constitution cannot be altered or destroyed through amendments. Secularism, along with democracy, rule of law, and judicial review, was deemed a part of this unamendable structure.
  • Equality and Fraternity: The right to equality (Article 14) and the emphasis on fraternity in the Constitution have been interpreted by the judiciary to embody secularism as a core value, ensuring the protection of all religions and the principle of state neutrality in religious matters.
  • Indira Gandhi’s 42nd Amendment (1976): The amendment officially added the term “secular” to the Preamble, though the court’s view is that secularism was always implicitly present in the spirit of the Constitution.

How Does Indian Secularism Differ from Western Models?

  • Equal Respect for All Religions (Sarva Dharma Sambhava): Indian secularism emphasizes the equal respect and treatment of all religions, rather than the strict separation of religion and state seen in Western secular models.
  • State Intervention for Social Reform: Unlike Western secularism, where religion is often seen as a strictly private affair, Indian secularism allows the state to engage with religious institutions to reform practices that may be discriminatory or harmful (e.g., abolition of untouchability or regulation of religious endowments).

What Implications Do Challenges to Secularism Have for Indian Democracy?

  • Erosion of Minority Rights: The rise of majoritarian politics, fueled by Hindu nationalism, threatens minority rights and equality before the law, with accusations of fostering an environment where attacks on minorities are tolerated.
  • Centralization of Power: The concentration of power has weakened institutional autonomy, curtailed civil liberties, and marginalized minority voices, impacting the democratic principles of secularism and dissent.
  • Impact on Governance and International Relations: Religious considerations in policymaking can result in discriminatory practices, harm India’s international reputation regarding human rights, and attract global criticism.

Way forward: 

  • Strengthen Legal Safeguards: Reinforce constitutional provisions that protect secularism by ensuring strict enforcement of anti-discrimination laws and promoting inclusive policies that uphold the principles of equality, fraternity, and state neutrality in religious matters.
  • Promote Civic Education on Secularism: Increase public awareness and education about the significance of secularism in India’s constitutional framework to foster social harmony and counter identity-based politics, reinforcing the values of pluralism and unity in diversity.

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Russian Invasion of Ukraine: Global Implications

On sanctions and shadow fleets

Note4Students

From UPSC perspective, the following things are important :

Mains level: Maritime issues in international water;

Why in the News?

During coverage of the Russia-Ukraine conflict, many Western media outlets have referred to tanker ships transporting Russian crude oil or oil products to other countries as a “shadow fleet.”

What is shadow fleet?

  • The “shadow fleet” refers to tanker ships transporting oil from sanctioned countries, using tactics like flag hopping, complex ownership structures, and cargo transfers at sea to evade detection and sanctions.

What are Flags of Convenience (FoCs)?

  • Flags of Convenience (FoCs) refer to the practice of registering a ship in a country other than that of the ship’s owner. Ships then fly the flag of the country where they are registered, known as the “flag state.”
  • Initially, FoCs emerged as a way for shipowners to minimize taxes and avoid stringent regulations. They allow shipowners to benefit from favorable regulatory environments, such as lower taxes, less stringent safety requirements, and more lenient labor laws.
  • Examples: Common FoCs include Panama, Liberia, and the Marshall Islands. These nations have minimal regulations, making it easier for ships to operate with reduced scrutiny.

How do corporations with large fleets obscure ownership and origin of cargo? (Challenges to find the origin country of the ship)

  • Complex Ownership Structures: Corporations often create complex ownership arrangements to hide the true identity of shipowners. This may involve setting up multiple shell companies, where each company owns only one or two ships. The use of offshore accounts and subsidiaries further adds to the opacity.
  • Frequent Changes in Ship Registration and Management: Ships frequently switch their flag state (known as “flag hopping”) to avoid detection and regulatory compliance.
  • Renaming Vessels: Ships involved in activities that could trigger sanctions often change their names to avoid being traced back to previous sanctioned activities.
  • Using FoCs and Non-Compliant Jurisdictions: Ships may be registered in countries that are not signatories to international regulatory frameworks, such as the International Maritime Organization (IMO).
    • For instance, Eswatini has emerged as a FoC because it does not follow IMO guidelines, allowing for less regulatory oversight.

Why has India been accused of hosting a shadow fleet?

  • Increased Russian Oil Shipments: Indian firms and Dubai-based entities with Indian ties have been involved in transporting Russian oil, raising suspicions of sanction evasion.
  • Certification by Indian Register of Shipping (IRS): The IRS certified more ships linked to Russian oil post-sanctions, which some viewed as supporting “shadow fleet” operations.
  • Use of Flags of Convenience: Ships connected to India often registered under foreign flags, obscuring their ownership and the origin of their cargo to bypass sanctions.

What are the different ways through which ships ensure they don’t lose their insurance?

  • Switching Insurance Providers: If a ship loses its Protection and Indemnity (P&I) insurance cover due to violations of sanctions, the owner may shift the vessel’s management to a different company with valid P&I insurance.
  • Changing Ship Management and Ownership: By changing the management entity or even the registered owner (via shell companies), ships can regain insurance cover without having to comply with the initial sanctions.
  • Use of Different Flag States: Ships registered under FoCs or jurisdictions not compliant with international regulations face less scrutiny, which can help them maintain insurance coverage despite potentially violating sanctions.
  • Renaming Vessels: This practice helps erase the association of the ship with any prior incidents or sanctions violations, allowing the ship to be insured under a different identity.

Way forward: 

  • Enhance Oversight and Transparency: India should tighten regulations on ship certification and ownership disclosure, ensuring compliance with international norms to prevent any association with sanction-evading activities.
  • Strengthen International Coordination: India should collaborate with global maritime bodies to align its policies with international shipping standards, promoting responsible trade practices while safeguarding its economic interests.

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