Under Kafala, workers are dispensable

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Members of the Gulf Cooperation Council (GCC)

Mains level: Migrants' Rights in GCC countries

Why in the news?

Shortly after a fatal fire claimed the lives of 49 migrant workers, predominantly Indians, in the Mangaf area of Al Ahmadi municipality, Kuwait

About the Gulf Cooperation Council (GCC)

  • It is a regional intergovernmental organization that aims to promote economic, political, and cultural cooperation among its member states.
  • The GCC was established in 1981 and currently consists of six Arab countries: Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates. The council’s main headquarters is located in Riyadh, Saudi Arabia.

What is the Kafala system?

  • The Kafala system is a sponsorship system used in several Gulf Cooperation Council (GCC) countries, including Saudi Arabia, Qatar, Kuwait, Bahrain, Oman, and the United Arab Emirates. It governs the legal status of migrant workers, particularly those from other countries in Asia and Africa, who come to work in these countries. It binds migrant workers to a specific employer, known as the “kafeel,” who is responsible for the worker’s visa and legal status.
  • Note:  sponsorship by local sponsor or employer in West Asian countries

Migrants’ Rights in GCC countries:

  • Vulnerabilities of Migrant Workers: Migrant workers in GCC countries face systemic vulnerabilities due to the Kafala system, tying their legal status to employers who control their accommodation, wages, and freedom of movement. Lack of independent legal status and dependency on employers make them susceptible to exploitation, poor living conditions, and arbitrary deportations.
  • Living Conditions and Safety: Many migrants live in crowded and substandard accommodations, which exacerbate risks during emergencies such as fires, as seen in the Mangaf tragedy. Safety standards in workplaces and living spaces often fall short, posing significant risks to migrants’ health and well-being.
  • Legal Protections and Access to Justice: Legal protections for migrant workers vary, with some categories like domestic workers often excluded from labor laws and protections. Limited access to justice and the ability to organize or unionize further restrict their ability to advocate for improved rights and conditions.

India’s Relationship with GCC Countries:

  • Economic Dependence and Migrant Workforce: India has a significant economic relationship with GCC countries, with millions of Indian migrants working across sectors such as construction, healthcare, and services. Remittances from GCC countries contribute significantly to India’s economy, highlighting the mutual economic interdependence.
  • Diplomatic and Policy Engagements: India engages diplomatically with GCC countries to safeguard the interests and welfare of its migrant workers, advocating for better working conditions, legal protections, and safety measures. Bilateral agreements and negotiations focus on labour rights, remittance flows, and crisis management during emergencies affecting Indian migrants.

What India can do? (Way forward)

  • Diplomatic Engagement and Advocacy: Strengthen diplomatic ties with GCC countries to advocate for better working conditions, legal protections, and safety measures for Indian migrants.
  • Consular Services and Support: Enhance consular services and support networks in GCC countries to provide timely assistance, legal aid, and emergency relief to Indian migrant workers.
  • Skill Development and Empowerment: Collaborate with GCC governments and employers to ensure skill development programs for Indian migrants, enhancing their employability and negotiating power.

Mains PYQ:

Q Indian Diaspora has an important role to play in South-East Asian countries’ economy and society. Appraise the role of the Indian Diaspora in South-East Asia in this context. (UPSC IAS/2017)

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Waste Management – SWM Rules, EWM Rules, etc

What is SWM Cess and Why is It Levied on Waste Generators?

Note4Students

From UPSC perspective, the following things are important :

Mains level: Implication of SWM Cess

Why in the News?

The Bruhat Bengaluru Mahangara Palike (BBMP) has proposed a Solid Waste Management (SWM) Cess of ₹100 per month for each household.

What is Cess?

  • A cess is a form of tax or levy imposed by governments to fund specific services or purposes, such as waste management or infrastructure development.

How has the SWM cess fared so far?

  • Purpose of SWM Cess: SWM Cess is intended to cover a portion of the costs incurred by Urban Local Bodies (ULBs) in providing SWM services, which are resource-intensive and crucial for maintaining cleanliness and health standards in urban areas.
  • Legal Provisions: According to the Solid Waste Management Rules, 2016, ULBs are mandated to collect user fees/cess for SWM services. The proposed increase reflects the rising costs and challenges faced by ULBs in managing solid waste effectively.

Why has it hit the headlines suddenly?

  • Significant Increase in User Fee: The proposed SWM Cess represents a substantial increase from the previous user fees typically charged by ULBs (Urban Local Bodies) across India, which are generally in the range of ₹30-50 per month. Such a significant rise in fees has garnered attention and sparked debate among residents and stakeholders in Bengaluru.
  • Impact on Residents: The SWM Cess directly affects every household in Bengaluru, potentially adding financial burden on residents. This has led to widespread discussions and concerns among citizens about the affordability and justification of the proposed increase.

Present Status in Bengaluru:

  • Bengaluru faces significant challenges in solid waste management (SWM) due to its large population and high daily waste generation of approximately 5,000 tonnes. Managing such volumes requires extensive resources and infrastructure.
  • The Bruhat Bengaluru Mahangara Palike (BBMP) primarily focuses its SWM efforts on the collection and transportation of waste. These activities are labor-intensive and consume a major portion of BBMP’s budget allocated for SWM services.
  • SWM services constitute a substantial portion of BBMP’s budget, with limited revenue generated from these services. This financial strain necessitates the proposal of initiatives like the SWM Cess to bridge the funding gap and ensure sustainable service delivery.

What is about to change?

  • Proposed Changes: Going forward, Bengaluru plans to implement several changes in its SWM strategy.
    • These include revising user fees and potentially increasing charges on bulk waste generators to better cover operational costs and enhance service efficiency.
  • Strategies for Improvement: BBMP aims to enhance waste management practices through initiatives such as waste segregation at source, promoting decentralized composting centres, and launching public awareness campaigns. These efforts are aimed at optimizing resource utilization and improving overall SWM effectiveness in the city.

Mains PYQ: 

Q What are the impediments in disposing of the huge quantities of discarded solid wastes which are continuously being generated? How do we remove safely the toxic wastes that have been accumulating in our habitable environment? (UPSC IAS/2018)

 

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

India’s growth story has a ‘beneficial ownership’ hurdle

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Indian Foreign Exchange Management (Non-debt Instruments) Rules

Mains level: Challenges with the Recent Amendment

Why in the News?

To achieve a $5 trillion economy by 2025-26, India must eliminate obstacles hindering Foreign Investments and facilitate smoother processes for companies and investors.

About the Indian Foreign Exchange Management (Non-debt Instruments) Rules

  • FEMA outlines the formalities and procedures for the dealings of all foreign exchange transactions in India. These foreign exchange transactions have been classified into two categories — Capital Account Transactions and Current Account Transactions.
  • The Indian Foreign Exchange Management (Non-debt Instruments) Rules, 2019, commonly referred to as FEMA NDI, regulates foreign investments in Indian companies. These rules are critical for overseeing the flow of foreign capital into the country, ensuring that investments align with national interests and do not pose security risks.
  • The amendment to the Indian Foreign Exchange Management (Non-debt Instruments) Rules, 2019 (“FEMA NDI”) was again made through press note number 3 in the year 2020.
  • In exercise of the powers conferred by section 47 of the Foreign Exchange Management Act, 1999 (42 of 1999) and consequent to the Foreign Exchange Management (Non-Debt Instrument) Rules, 2019, the Reserve Bank of India makes the following regulations relating to mode of payment and reporting requirements for investment in India by a person resident outside India.
    • ‘Act’ means the Foreign Exchange Management Act, 1999 (42 of 1999);
    • ‘Rules’ means Foreign Exchange Management (Non-Debt Instrument) Rules, 2019;
  • On April 16, 2024, the Ministry of Finance, through the Department of Economic Affairs, notified the Foreign Exchange Management (Non-debt Instruments) (Third Amendment) Rules, 2024 (the “Amendment“), prescribing new entry routes for foreign investment in activities under the space sector.

Introduction of Press Note 3 (PN3) Requirement:

  • What does it mean?: This amendment requires prior government approval for any investments from entities or individuals in countries that share a land border with India. This rule applies if the investment comes directly from these countries or if the beneficial owner (the real person who ultimately owns or controls the investment) is a citizen or resident of these countries.
  • The purpose: Implemented during the COVID-19 pandemic, the rule aims to prevent opportunistic takeovers of struggling Indian companies by neighboring countries

Challenges with the Recent Amendment

  • Undefined ‘Beneficial Owner’: The term ‘beneficial owner’ isn’t clearly defined in the PN3 Requirement, leading to confusion. Different laws define the term differently, making it hard for companies to know which standards to follow.
  • Regulatory Uncertainty: Since the latter half of 2023, the Reserve Bank of India (RBI) has adopted a stricter interpretation of these rules. This shift has caused anxiety among investors and companies, as practices previously deemed acceptable are now being scrutinized.
  • Regulatory Burden: Companies now face significant delays and a high rate of rejection when seeking approval for investments. According to some officials, proposals worth ₹50,000 crore have been stalled or rejected in the past three years, with 201 applications being turned down.
  • Severe Fines: Non-compliance with the PN3 Requirement can result in fines up to three times the amount of the investment. For many startups, this could mean financial ruin, as the fines could exceed their revenue or assets.
  • Legal Battles: Violations could lead to lengthy and costly legal disputes, further burdening the already slow judicial system in India.

What can be the better solution? (Way forward) 

  • Ownership Thresholds: Define beneficial ownership with clear thresholds, such as 10% to 25% ownership stakes. This would help companies understand whether they need to seek approval.
  • Control-Conferring Rights: Specify which rights indicate control, such as the ability to influence board decisions or veto significant operational changes. Exclude rights that merely protect investor interests, such as veto powers over mergers.
  • Investor Representations: Allow Indian companies to require foreign investors to provide assurances about their compliance with the PN3 Requirement, backed by indemnities.It would provide a safety net for Indian companies.
  • Time-Bound Reviews: Introduce a system where companies can seek timely advice from regulatory authorities on whether specific clauses in their investment agreements confer control. This would be similar to mechanisms in competition law, offering clarity and reducing the risk of penalties for inadvertent non-compliance.

Mains PYQ:

Q Foreign Direct Investment (FDI) in the defence sector is now set to be liberalized: What influence this is expected to have on Indian defence and economy in the short and long run? (UPSC IAS/2014)

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

No outcome in Bonn: why money is key to climate action

Note4Students

From UPSC perspective, the following things are important :

Mains level: Debate Over Contribution and suggest measures

Why in the news?

The Bonn climate meeting failed to define a new climate finance goal, crucial for finalizing a sum exceeding $100 billion annually by the end of 2024.

Key Highlights of the Climate Meeting in Bonn, Germany

  • Failure to Define New Climate Finance Goal: The recent climate meeting in Bonn did not make significant progress in setting a new climate finance goal. This new goal is supposed to replace the existing $100 billion per year target, which needs to be finalized by the end of 2024.
  • Outcome: The meeting only produced a lengthy 35-page “input paper” summarizing various countries’ demands and concerns, without providing any concrete numbers or agreements. This paper is expected to be developed into a formal negotiating draft for COP29 in Baku, Azerbaijan.

Search for a New NCQG (New Collective Quantified Goal)

  • Importance of Climate Finance: Money is essential for climate action, including mitigation, adaptation, and other tasks like collecting and reporting climate data, which require substantial funds, especially in developing countries.
  • Existing Commitment: Developed countries had promised to mobilize $100 billion annually from 2020 to help developing countries fight climate change. This target is now being re-evaluated to increase the amount post-2025.

Previous Assessment

  • Current Needs: It is widely recognized that developing countries now require trillions of dollars annually. A UNFCCC assessment indicated that these countries need about $6 trillion by 2030 for climate actions, with adaptation needs alone requiring $215 billion to $387 billion annually.
  • Energy Transition: The global shift to clean energy requires investments of about $4.3 trillion per year until 2030 and around $5 trillion annually thereafter until 2050 to achieve global net-zero emissions.
  • Developing Countries’ Demands: India has proposed that developed countries should provide at least $1 trillion annually after 2025, while Arab and African countries have suggested figures of $1.1 trillion and $1.3 trillion, respectively.

Debate Over Contribution

  • Original Responsibility: According to the UNFCCC and Paris Agreement, only the 25 countries listed in Annexure 2, along with the European Economic Community, are responsible for providing climate finance to developing countries.
  • Shifting Responsibility: These countries argue that other nations, such as China, Gulf countries, and South Korea, are now economically capable and should also contribute. However, countries like China have stated they do not intend to take on additional responsibilities beyond their current efforts.
  • Developed Countries’ Stance: While acknowledging that the new target must be higher than the existing $100 billion per year, developed countries have not made any specific offers publicly.

Way forward:

  • Clear Definition of Climate Finance: Establish a universally accepted definition of climate finance to prevent discrepancies in reporting and ensure transparency.
  • Precise Targets and Timelines: Set clear, incremental targets leading up to the final goal, with defined timelines for achieving these targets. This will provide a roadmap for both developed and developing countries.

Mains PYQ:

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 IAS/2021)

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

Why the Centre has extended the Digital Health Incentive Scheme?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Digital Health Incentive Scheme

Mains level: Why has the scheme been extended?

Why in the News?

The central government has granted a one-year extension to the Digital Health Incentive Scheme (DHIS), aimed at digitizing patients’ health records and integrating them with the Ayushman Bharat Digital Health Account (ABHA ID).

About the Digital Health Incentive Scheme:   

  • The National Health Authority (NHA) launched the Digital Health Incentive Scheme on January 1, 2023, to implement the Ayushman Bharat Digital Mission (ABDM) to create a digital health ecosystem in the country.
    • ABDM intends to support different healthcare facilities like clinics, diagnostic centers, hospitals, laboratories and pharmacies in adopting the ABDM ecosystem to make available the benefits of digital health for all the citizens of India.
  • It encourages the adoption of digital health solutions like Health Management Information Systems (HMIS) and Laboratory Management Information Systems (LMIS) by offering financial incentives for each additional record digitized beyond a specified threshold.
  • Benefits of the Digital Health Incentive Scheme:
    • Earn incentives for Digitization: Reimburse the expenses incurred for digitization to all the participating healthcare facilities and digital Solution Companies.
    • Efficiency in Healthcare Delivery: Seamless access to patient’s longitudinal health records; Removes hassles in the healthcare process (registration, appointment, consultation, IPD admission, discharge, etc).
    • Building a Robust Digital Health Ecosystem: Building a robust digital health ecosystem across different levels of healthcare facilities.
    • Improved Quality of Care: Evidence-based, accessible, and good quality care. Patient’s ease of access to digitized health records and improved healthcare delivery.

Why has the scheme been extended? 

  • The extension aims to sustain momentum in the adoption of digital health technologies. By providing additional time, the scheme supports more healthcare providers, both public and private, in overcoming financial barriers associated with digitization and promoting a digital-first approach to healthcare delivery.
  •  Extending the scheme allows for incorporating feedback from stakeholders and refining its implementation based on operational insights. This iterative process ensures that the scheme remains effective in enhancing healthcare efficiency, patient care, and accessibility to medical records across the country.

How many Hospitals and Digital Health Companies have availed of the incentive? 

  • Registered Facilities: A total of 4,005 healthcare facilities have registered for the Digital Health Incentive Scheme (DHIS). This includes 1,085 private healthcare facilities.
  • Digital Solution Companies (DSCs): There are 41 digital solution companies (DSCs) registered under the scheme, out of which 36 are private companies.
  • Availed the Scheme: Among the registered facilities and companies, 584 healthcare facilities have availed the scheme so far. This includes 83 private healthcare facilities. Additionally, 12 DSCs, including 10 private companies, have also availed the incentive.

How can it be beneficial for the patients?                                     

  • Quick Registration: Patients can benefit from quicker OPD registrations through digital systems, reducing waiting times at hospitals and clinics.
  • Digital Transactions: Digital health records enable easier access to medical history and facilitate seamless sharing of information between healthcare providers, ensuring continuity of care.
  • Reduced Redundancy: Digital records help in avoiding duplicate tests and procedures due to lost or misplaced paper records, which is particularly beneficial for patients who move between healthcare facilities or states.
  • Better Coordination: Healthcare providers can access comprehensive patient records quickly, leading to more coordinated and effective treatment plans.
  • Prevention of Additional Costs: By reducing the need for repeat tests and administrative overheads associated with paper-based records, patients are less likely to incur unnecessary expenses.
  • Clear Communication: Patients can securely view, access, and share their health records with healthcare providers, promoting transparency and informed decision-making about their care.
  • Secure Storage: Digital health records stored under the Ayushman Bharat Digital Health Account (ABHA ID) ensure data security and privacy, adhering to regulatory standards.

Do you know what is ‘ABHA ID’? 

  • ABHA ID, or Ayushman Bharat Digital Health Account ID, is a unique digital identifier issued to individuals in India.
  • It serves as a centralized platform for individuals to store and manage their medical records digitally, including doctor consultations, prescriptions, and diagnostic test results.
  • ABHA ID facilitates easy access to health information across different healthcare providers, promotes continuity of care, and supports informed decision-making during medical treatments.

Conclusion: The extension of the Digital Health Incentive Scheme aims to boost adoption of digital health solutions, benefiting patients with improved access and care coordination. Challenges include ensuring equitable access and addressing digital literacy barriers.

 

Mains PYQ:

Q Appropriate local community level healthcare intervention is a prerequisite to achieve ‘Health for All’ in India. Explain. (UPSC IAS/2018)

 

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Foreign Policy Watch: India-China

China’s ‘grey-zone’ warfare tactics against Taiwan | Explained

Why in the news?

Since President Lai Ching-te took office in Taiwan, China has reacted strongly to his pro-independence remarks by using sophisticated tactics against his Democratic Progressive Party.

Background of the China-Taiwan issue

  • The conflict has its roots in the Chinese Civil War (1927-1950) between the Nationalist Party (Kuomintang) and the Communist Party of China. After the Communist victory in 1949, the Nationalist government retreated to Taiwan, establishing the Republic of China (ROC) there, while the Communist Party proclaimed the People’s Republic of China (PRC) on the mainland.
  • China claims Taiwan as a breakaway province that must eventually be reunified with the mainland, while Taiwan sees itself as a distinct, democratic entity. This dispute over Taiwan’s political status is at the heart of the ongoing tensions between China and Taiwan.
  • The strategic importance of Taiwan lies in its location in the “first island chain” in the western Pacific, as well as its dominance in the global semiconductor industry. Control over Taiwan would enhance China’s ability to project power in the region and potentially threaten US interests, while Taiwan’s independence is seen as crucial by the US and its allies

What Are the Coercive Measures China Has Imposed on Taiwan?

  • Military Pressure: China’s People’s Liberation Army Eastern Theater Command (PLA ETC) conducts regular training drills and simulated invasion scenarios to demonstrate its military capability. These include 3D animation videos depicting missile attacks on Taiwan, aiming to intimidate and exert psychological pressure.
  • Grey-Zone Warfare: Continuous sorties by PLA fighter jets, UAVs, and strategic fighters over and around Taiwan. These operations are designed to wear down Taiwan’s defence forces through sustained pressure and intelligence gathering.
  • Economic Coercion: China suspended preferential tax rates for 134 chemical imports from Taiwan, which were previously granted under the Economic Cooperation Framework Agreement (ECFA). This move was a retaliation against pro-independence statements by Taiwan’s new president, Lai Ching-te, and Taipei’s restrictions on over 2,000 Chinese imports.

China’s Ideology and Political Tactics

  • Cognitive Warfare: Deployment of ideological narratives within Taiwan to influence public opinion. For instance, Chinese citizens dropped fliers via drones on Kinmen Island, promoting messages against Taiwan’s independence and framing it as a dead end.
  • Propaganda: These cognitive warfare tactics aim to initiate public discussions and garner attention for the Chinese cause, leveraging social media to propagate Beijing’s ideological stance.

Carrots and Sticks Approach(Political Tactics)

  • Carrots: Favorable treatment towards Taiwan’s opposition party, the Kuomintang (KMT), which holds relatively pro-mainland views. The KMT engages with Communist Party of China (CPC) officials, maintaining communication and collaboration that the DPP lacks. The KMT’s interactions with CPC officials have sometimes led to investigations under Taiwan’s ‘anti-infiltration law’.
  • Sticks: Coercive economic measures targeting Taiwan’s Democratic Progressive Party (DPP) to seek political concessions. The suspension of preferential tax rates for Taiwanese chemical imports is one such tactic.

Conclusion: Taiwan must navigate China’s multifaceted ‘grey-zone’ tactics through resilience in defense, strategic alliances, and international advocacy to safeguard its sovereignty and democratic identity amid escalating pressures.

Mains PYQ:

Q South China Sea has assumed great geopolitical significance in the present context. Comment. (UPSC IAS/2016)

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Foreign Policy Watch: India-ASEAN

How will the EU elections impact Southeast Asia?

Note4Students

From UPSC perspective, the following things are important :

Mains level: Pivot to South Asia

Why in the news?

A weak performance by green and left-wing parties, coupled with gains by the far-right, could lead the EU to adopt a more protectionist stance and a less environmentally focused foreign policy.

What happens in the EU parliament?   

  • Legislative Role and Trade Agreements: The European Parliament must approve all EU free trade agreements. For instance, it is currently involved in negotiations with Southeast Asian countries such as Indonesia, Thailand, and the Philippines. This approval process ensures that any trade agreement aligns with EU standards and regulations.
  • Policy Shifts Due to Election Results: The recent gains by far-right factions in the European Parliament could shift legislative priorities. For example, a more nationalist Parliament may prioritize protectionist policies over liberal trade agreements, potentially imposing tariffs or restrictions on imports from Southeast Asia, as seen with past tariffs on Cambodian and Myanmar rice.
  • Influence on Environmental and Human Rights Policies: With the Greens and Liberals losing seats, the European Parliament may place less emphasis on environmental sustainability and human rights. This shift could affect initiatives like the Just Energy Transition schemes with countries like Vietnam and Indonesia, which rely on EU support for their green agendas. Reduced focus on these areas could hinder such cooperative efforts.

Changes in the Commission

  • Commission Presidency and Coalition Dynamics: Ursula von der Leyen, the incumbent European Commission President from the centre-right European People’s Party (EPP), faces a challenging re-election. She needs to secure 361 votes from Members of the European Parliament (MEPs).
  • Shift in Policy Focus: The composition of the new Commission will significantly influence EU policy directions. If von der Leyen allies with the Greens, there could be an intensification of green policies and environmental initiatives, such as the European Green Deal.
  • Leadership and Foreign Policy Changes: The departure of EU foreign policy chief Josep Borrell opens the field for new candidates vying to lead the European External Action Service (EEAS). The new leadership could reshape the EU’s foreign policy approach, with potential changes in emphasis on development cooperation and international relations, including those with Southeast Asia. This could affect ongoing initiatives like the Just Energy Transition partnerships with countries like Vietnam and Indonesia.

Pivot to South Asia

  • Strategic Partnership and Economic Interests: Southeast Asia is an increasingly important economic partner for the EU. The region’s growing markets and economic dynamism offer significant trade opportunities. For instance, the EU is negotiating free trade agreements with countries like Indonesia, Thailand, and the Philippines, which could enhance trade flows and economic cooperation. Strengthening ties with Southeast Asia helps the EU diversify its trade partners and reduce reliance on traditional markets.
  • Environmental and Green Transition Initiatives: Southeast Asia is a crucial region for the EU’s global environmental goals. The EU has invested in green transition initiatives, such as the Just Energy Transition schemes in Vietnam and Indonesia, providing over €20 billion in concessional loans and investments. These initiatives support Southeast Asian countries in adopting sustainable energy practices and combating climate change.
  • Geopolitical and Security Considerations: Southeast Asia’s strategic location and geopolitical significance make it a vital region for the EU’s foreign policy. By engaging more deeply with Southeast Asia, the EU can strengthen its influence in a region where other major powers, such as China and the United States, are also vying for influence.

Conclusion: The EU’s evolving policies and leadership will shape its economic, environmental, and geopolitical engagement with Southeast Asia, highlighting the region’s strategic importance and potential for cooperation.

 

Mains PYQ:

Q Africa was chopped into states artificially created by the accident of European competition. Analyse. (UPSC IAS/2013)

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Women empowerment issues – Jobs,Reservation and education

A comprehensive immunisation schedule for women is ready

Note4Students

From UPSC perspective, the following things are important :

Mains level: Significance of Preventive health care

Why in the news?

FOGSI launched a detailed immunization plan for women in Mumbai, featuring essential vaccines and recommended dosages, presented by women’s health advocate Kajal Aggarwal.

About the Federation of Obstetric and Gynaecological Societies of India (FOGSI)

  • The Federation of Obstetric and Gynaecological Societies of India (FOGSI) is a prominent professional organization dedicated to advancing the field of obstetrics and gynaecology in India.  
  • Foundation and Scope: FOGSI was established in 1950 and currently represents over 34,000 obstetricians and gynaecologists across India. It serves as a unified platform for healthcare professionals specializing in women’s health.
  • Objectives: The primary objective of FOGSI is to promote the study and practice of obstetrics and gynaecology through education, research, and advocacy. It aims to improve the standards of healthcare delivery for women in India.

Significance of Preventive Health Care    

  • Early Detection and Intervention: Preventive healthcare emphasizes regular screenings, vaccinations, and health checks to detect potential health issues early. This proactive approach allows healthcare providers to intervene early, often before symptoms appear, which can lead to better treatment outcomes and lower healthcare costs.
  • Promotion of Health and Well-being: By focusing on preventive measures such as healthy lifestyle choices, vaccination against preventable diseases, and routine health screenings, individuals can maintain optimal health and well-being. Preventive healthcare encourages behaviours that reduce the risk of chronic illnesses and promote longevity.
  • Reduction of Healthcare Burden: Investing in preventive healthcare can alleviate the burden on healthcare systems by reducing the prevalence and severity of diseases. By preventing illnesses before they occur or progress, fewer resources are needed for acute care, hospitalizations, and long-term management of chronic conditions.

Accessing ‘Vulnerable Period’

  • Postpartum Period: The postpartum period, typically defined as the first six weeks after childbirth, is a critical vulnerable period for women. During this time, the body undergoes significant physiological changes, including hormonal fluctuations and potential immune system alterations. These changes can increase susceptibility to infections and other health complications, necessitating close monitoring and appropriate medical interventions.
  • Menopausal Transition: Menopause marks a significant transition in a woman’s life when reproductive hormone levels decline, leading to various physical and psychological changes. This period can be accompanied by symptoms such as hot flashes, mood swings, and changes in bone density. Due to these changes, women may be more vulnerable to conditions like osteoporosis and cardiovascular disease.
  • Chronic Illness Management: Women with chronic conditions such as diabetes, hypertension, or autoimmune disorders may experience periods of vulnerability related to their specific health challenges. Fluctuations in hormone levels, stress, and lifestyle factors can exacerbate these conditions or increase the risk of complications. Healthcare strategies during these vulnerable periods often include personalized treatment plans, regular monitoring, and patient education to optimize disease management and promote overall well-being.

Conclusion: FOGSI’s launch of a women’s immunization schedule underscores their commitment to advancing women’s health through proactive care, addressing vulnerable periods like postpartum and menopause, and promoting disease prevention and management strategies.

 

Mains PYQ:

Q  In order to enhance the prospects of social development, sound and adequate health care policies are needed particularly in the fields of geriatric and maternal health care. Discuss. (UPSC IAS/2020).

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Medical Education Governance in India

The allegations over NEET-UG 2024 | Explained

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NEET, NTA

Mains level: The National Testing Agency responds to the various charges against the conduct of the exams.

Why in the news?

On June 13, the Union government informed the Supreme Court that the scorecards of 1,563 candidates who received compensatory marks in the NEET-UG 2024 exam, held on May 5, will be cancelled.

About National Testing Agency:

  • National Testing Agency (NTA) has been established as a premier, specialist, autonomous and self-sustained testing organization to conduct entrance examinations for admission/fellowship in higher educational institutions.
  • The NTA was established in 2017 by the Ministry of Education.
  • NTA is responsible for conducting the
    • Joint Entrance Examination – Main (JEE Main)
    • National Eligibility cum Entrance Test-Undergraduate (NEET-UG)
    • National Eligibility Test (NET)
    • Common Management Admission Test (CMAT)
    • Graduate Pharmacy Aptitude Test (GPAT).
  • The NTA is chaired by an eminent educationist who will be appointed by the Ministry of Education.

Why has the Union government told the Supreme Court that it will cancel the scorecards of candidates who have been awarded grace marks?

  • Technical Issues During Exam: The cancellation stems from petitions challenging the award of grace marks to 1,563 candidates from six NEET centers due to technical issues that did not allow them the full 3.2 hours to complete the exam.
  • Compensatory Marks Controversy: Grace marks were awarded based on a court order and the recommendation of a committee constituted by the National Testing Agency (NTA). This move was challenged as arbitrary and lacking transparency.
  • Skewed Results: The committee found that the compensatory marks led to a skewed situation, thus recommending the cancellation of the scorecards for these candidates and conducting a re-test on June 23.

How did the National Testing Agency respond to the various charges against the conduct of the exams?

  • Formation of Committee: In response to the allegations, the NTA constituted a four-member committee to investigate the truth behind the claims, including the award of grace marks and other issues related to the conduct of NEET 2024.
  • Admission of Irregularities: The NTA admitted that the grace marks caused confusion and contributed to skewed results. They acknowledged technical issues and the improper awarding of grace marks.
  • Panel Recommendations: The panel recommended limiting grace marks to the attempted questions and concluded that it would be best to cancel the test for the affected 1,563 students.
  • Explanations for High Scores: NTA officials attributed the unusually high number of perfect scores (67 students scoring 720/720) to an ‘easy paper’, but still took steps to address the fairness and validity of the results by planning a re-test.
  • Addressing Other Allegations: The NTA’s response included acknowledging various logistical issues such as slow distribution of question papers, wrong OMR sheets, and technical delays, and they aimed to ensure better planning and execution in future exams.

Way forward: 

  • Calls for a Re-test for All Candidates: Students and education experts argue that if the exam can be cancelled for 1,563 candidates, it should be cancelled for all 23 lakh candidates to maintain fairness. They believe that the logical step is to conduct a re-test for everyone who took the May 5 exam.
  • Restoring Faith in the System: The dissatisfaction expressed on social media highlights a loss of faith in the examination system. To restore confidence, students demand comprehensive measures to address the flaws and ensure a fair and transparent testing process for all candidates.
  • Improving Examination Conduct: For an exam of NEET’s scale and history, it is expected that organizational issues should be resolved. The NTA and government agencies need to enhance measures to prevent fraud, ensure the timely distribution of materials, and apply proper judgment to address any technical issues during the exam, aiming for a smooth and reliable process in future examinations.

Mains PYQ:

Q National Education Policy 2020 is in conformity 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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Health Sector – UHC, National Health Policy, Family Planning, Health Insurance, etc.

Tackling the Fatty Liver Disease Epidemic

Note4Students

From UPSC perspective, the following things are important :

Prelims level: International Fatty Liver Day

Mains level: India's Growing Burden of Fatty Liver Disease

Why in the news?

This year’s theme for International Fatty Liver Day, an awareness initiative observed annually in June, is ‘Act Now, Screen Today’. This theme holds more urgency now than ever before.

Liver Diseases in recent times

  • Liver diseases have long been primarily linked to excessive alcohol consumption, which continues to be a major cause of advanced chronic liver disease.
  • However, in recent years, a new and quietly escalating threat to liver health has emerged: non-alcoholic fatty liver disease.

India’s Growing Burden of Fatty Liver Disease

Note: MASLD, or Metabolic dysfunction-associated steatotic liver disease, is a reclassification of what was previously known as non-alcoholic fatty liver disease (NAFLD). 

  • High Prevalence Rates: The global prevalence of Metabolic dysfunction-associated steatotic liver disease (MASLD) is estimated at 25-30%. In India, a 2022 meta-analysis revealed that the pooled prevalence of fatty liver among adults was 38.6%. Among obese children in India, the prevalence was around 36%.
  • Progression of Disease: The continuous damage caused by fatty liver leads to more severe conditions such as steatohepatitis and cirrhosis, often requiring liver transplants.

Causes of Growing Burden of Fatty Liver Disease

  • Lack of Early Detection: Fatty liver disease often goes undetected in early stages due to lack of symptoms. Diagnosis usually occurs at an advanced stage, when significant liver damage has already taken place.
  • Diet and Insulin Resistance: Excessive consumption of carbohydrates, especially refined carbs and sugars, leads to metabolic problems. High carbohydrate intake results in persistently high insulin levels and insulin resistance, promoting the conversion of excess glucose into fatty acids, which are then stored in the liver.

Initiatives Taken by the Government

  • Integration with NPCDCS: The Ministry of Health & Family Welfare launched operational guidelines for integrating NAFLD with the National Programme for Prevention & Control of Cancer, Diabetes, Cardiovascular Diseases and Stroke (NPCDCS) in February 2021.
  • Health Promotion and Prevention: The Ayushman Bharat- Health and Wellness Centres (AB-HWCs) are being used to promote healthy living and screen for hypertension, diabetes, and other common NCDs.

Personalization is the Key

  • Tailored Screening Tests: The selection of screening tests and their frequency should be based on individual risk factors, including family history, lifestyle, and pre-existing health conditions.
  • Avoiding Generic Assumptions: Clinicians should not rely solely on age or physical markers; instead, they should consider a comprehensive risk profile. Non-communicable diseases are increasingly affecting diverse populations, including children.
  • Integrated Health Strategies: Combining dietary modifications, regular physical activity, and effective weight management to mitigate liver disease risks.
  • Frequent Screenings: Regular monitoring of liver health through non-invasive tools like vibration-controlled transient elastography. Continuous assessment of liver stiffness to detect early stages of liver fibrosis and monitor treatment responses.
  • Active Health Management: Emphasis on the importance of individuals taking control of their health by being aware of their diet and lifestyle choices.Encouragement of frequent health screenings to detect and manage liver disease early.

Way Forward:

  • Awareness Campaigns: Government initiatives focus on raising awareness about the importance of liver health and the risks associated with MASLD.
  • Health Screenings: Programs promoting comprehensive health screenings that include physical examinations, blood tests, and abdomen ultrasounds to detect liver diseases early.

Mains PYQ

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

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Innovations in Biotechnology and Medical Sciences

Scientists back new Alzheimer’s drug: Benefits vs Risks

Note4Students

From UPSC perspective, the following things are important :

Mains level: How Does Donanemab Work?

Why in the News?

Donanemab, a new Alzheimer’s disease therapy developed by Eli Lilly, has gained unanimous support from independent scientists advising the US Food and Drug Administration (FDA), moving it closer to clinical use.

What is Donanemab?

  • Donanemab is a monoclonal antibody, which means it is a laboratory-produced molecule designed to function like antibodies in the immune system.
  • It is specifically developed for individuals in the early stages of Alzheimer’s disease, including those with mild cognitive impairment or mild dementia.

How Does Donanemab Work?

  • It targets amyloid beta proteins in the brain. Amyloid beta plaques are one of the defining features of Alzheimer’s disease.
  • Mechanism of Action: The drug binds to amyloid beta plaques and promotes their removal from the brain. This action is intended to slow down the progression of Alzheimer’s disease by reducing the accumulation of these toxic plaques.

How do the benefits of the drug stack up against its risks?

  • Target Population: The drug is intended for those in the early stages of Alzheimer’s disease (mild cognitive impairment or mild dementia).
  • Benefits: Significant clinically meaningful slowing of the disease, allowing patients to retain their functions for a longer time. Phase 3 study shows a 35.1% slowdown in cognitive decline in early Alzheimer’s patients over 76 weeks.
  • Risks: Main adverse effects include brain swelling (24%) and brain bleeds (19.7%), with most cases being asymptomatic.Three treatment-related deaths reported.Amyloid-related imaging abnormalities (ARIA) like brain bleeds and seizures were mostly non-serious and resolved after discontinuation of therapy.
  • Risk Management: The key risks can be mitigated through appropriate labeling and clinical monitoring. Further risks will be characterized through post-authorization studies.

Why is a breakthrough of this kind important?

  • Rising Burden of Alzheimer’s: The global population is ageing, leading to an increased burden of diseases like Alzheimer’s. In India, 5.3 million people are currently living with dementia, expected to rise to 14 million by 2050.
  • Lack of Effective Treatments: There are limited options for disease-modifying treatments for Alzheimer’s. Innovations like donanemab are crucial for providing new hope and potential therapies.
  • Economic Considerations: While the drug is expensive, it offers the potential for several more years of quality life for patients.

Why was the approval for the drug delayed?

  • Additional Data Requirements: The USFDA wanted to understand further the data relating to the therapy, especially regarding the limited dosing protocol used during trials.
  • Limited Dosing Protocol: During the trial, therapy was stopped in patients who achieved a certain level of amyloid beta plaque clearance, which is a distinguishing feature of donanemab compared to other therapies.
  • Previous Drug Approval Irregularities: Scrutiny increased after irregularities were found in the approval process of the first drug, aducanumab, which involved close collaboration between the regulator and the drugmaker and approval despite negative trial outcomes. The second drug, lecanemab, also had cautious optimism from doctors due to its demonstrated efficacy with fewer side effects.

Conclusion: Ensure rigorous and transparent review processes for new Alzheimer’s treatments, incorporating comprehensive data analysis and post-authorization studies to monitor long-term safety and efficacy.

Mains PYQ:

Q Stem cell therapy is gaining popularity in India to treat a wide variety of medical conditions including leukaemia, Thalassemia, damaged cornea and several burns. Describe briefly what stem cell therapy is and what advantages it has over other treatments? (UPSC IAS/2017)

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Disasters and Disaster Management – Sendai Framework, Floods, Cyclones, etc.

Why heatwaves have not been included as a notified disaster in the Disaster Management Act?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Current Notified Disasters

Mains level: Why Heatwaves Were Not Included as Notified Disasters?

Why in the news?

The current period of intense heat in several regions has once more sparked debates about the potential inclusion of heatwaves as officially recognized disasters under the Disaster Management (DM) Act of 2005.

What are Notified Disasters?

  • According to the Disaster Management (DM) Act, 2005, a disaster is defined as a “catastrophe, mishap, calamity, or grave occurrence” arising from natural or man-made causes that result in substantial loss of life, destruction of property, or environmental damage and is beyond the coping capacity of the affected community.
  • Funds: The DM Act allows states to draw money from the National Disaster Response Fund (NDRF) and the State Disaster Response Fund (SDRF) for managing these disasters.
  • Current Notified Disasters: There are currently 12 categories of notified disasters: cyclones, drought, earthquake, fire, flood, tsunamis, hailstorms, landslides, avalanches, cloudbursts, pest attacks, and frost and cold waves.

Why Heatwaves Were Not Included as Notified Disasters?

  • Common Occurrence: Heatwaves were historically considered regular events during summer months in many parts of India. They were not seen as exceptional or unusual disasters warranting specific disaster management provisions under the DM Act, 2005.
  • Perception of Predictability: Unlike sudden-onset disasters such as earthquakes or cyclones, heatwaves were perceived as relatively predictable and part of seasonal weather patterns. This perception led to a belief that they could be managed through general public awareness and local interventions rather than formal disaster response mechanisms.
  • Not fit in definition of Disaster: When the DM Act was formulated, disasters were defined as events that caused substantial loss of life, property, or environmental damage beyond the coping capacity of the affected community. At that time, the impacts of heatwaves were typically viewed as localized health issues rather than widespread disasters.
  • Lack of Urgency: There was a lack of urgency in recognizing heatwaves as disasters requiring national-level response frameworks. The focus of disaster management efforts initially leaned towards more acute and visible calamities like cyclones, floods, and earthquakes.

Why is the Centre Not Adding Heatwaves as a Notified Disaster Now?

  • Financial Concerns: One of the primary concerns is the potential financial burden of declaring heat waves as a notified disaster. Under the current provisions, the government is obligated to provide monetary compensation for lives lost during notified disasters, which is set at Rs 4 lakh per victim.
  • The reluctance of Finance Commissions: Despite requests from various states, the 15th Finance Commission has not recommended adding heatwaves to the list of notified disasters. They argue that the existing categories adequately cover disaster response needs, and they have provided provisions for states to utilize a portion of the State Disaster Response Fund (SDRF) for local disasters like heatwaves.

Conclusion: Engage with the Finance Commission and other relevant bodies to reassess the inclusion of heatwaves as a notified disaster. Highlight the evolving nature of heat waves, their increasing frequency, and the need for dedicated funding and support mechanisms.

Mains PYQ: 

Q Climate change’ is a global problem. How India will be affected by climate change? How Himalayan and coastal states of India will be affected by climate change?  (UPSC IAS/2017)

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Women empowerment issues – Jobs,Reservation and education

Gender Gap Report 2024: Key Highlights

Note4Students

From UPSC perspective, the following things are important :

Prelims level: The Global Gender Gap Report 2024 (By World Economic Forum)

Mains level: Key points related to India as Gender Gap Report 2024

Why in the news?

India’s new cabinet has only 2 women ministers, down from 10 previously. The Global Gender Gap Report 2024 (by the World Economic Forum)  ranks India third-lowest in South Asia, highlighting significant gender disparity in leadership and representation.

Comparison of Indian Ranking with Other Countries:

  • Global Gender Gap Report 2024: India ranked 129th out of 146 economies in the overall gender gap index. Ranked third-lowest among South Asian economies, behind Bangladesh, Nepal, Sri Lanka, and Bhutan.

Key points as Gender Gap Report 2024: 

Economic Participation and Opportunity: 142nd, Health and Survival: 142nd, Educational Attainment: 112th, and Political Empowerment: Best rank (65th), but overall political representation remains low.

  • Political Empowerment: India performs relatively better on the head-of-state indicator (40.7%). However, women’s representation in ministerial positions (6.9%) and parliament (17.2%) is significantly lower. The region of South Asia shows high political disparity, with Nepal leading in ministerial representation (23.5%).
  • Educational Attainment: Despite high enrollment rates in primary, secondary, and tertiary education for women, the gap in literacy rate between men and women is significant (17.2 percentage points). India ranks 112th globally in this indicator.
  • Economic Participation: India has seen improvement in economic participation and opportunity, although it still ranks low (142nd). Challenges remain in bridging gender gaps in earned income, leadership roles, labour force participation, and technical professions.

Major observations around the causes of the Gender Gap

  • Patriarchal Structures: Patriarchy influences decision-making processes and power dynamics, often marginalising women’s voices and restricting their participation in political, economic, and social spheres.
  • Gender Bias: Gender bias manifests in various forms, affecting women’s access to resources, healthcare, education, and career advancement opportunities compared to men.
  • Gender Pay Gap: Women in India typically earn less than men for similar work, reflecting systemic inequalities in pay and compensation.
  • Occupational Segregation: Women are often concentrated in lower-paying sectors and informal employment, facing barriers to accessing high-paying and leadership roles.
  • Political Underrepresentation: Low representation of women in decision-making bodies such as parliament and state assemblies hinders legislative reforms and policies that could promote gender equity and address systemic barriers.

Way forward:

  • Gender Quotas: Implement and enforce quotas for women’s representation in parliament, state assemblies, and ministerial positions. This can be modelled after successful practices in other countries where gender quotas have significantly increased women’s political participation.
  • Equal Pay Initiatives: Enforce equal pay for equal work through rigorous monitoring and enforcement mechanisms. Encourage transparency in salary structures and promote awareness among employers and employees.

Mains PYQ:

Q Can the vicious cycle of gender inequality, poverty and malnutrition be broken through microfinancing of women SHGs? Explain with examples.(UPSC IAS/2021)

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The social sciences, a shelter for the ‘excluded’ student

Note4Students

From UPSC perspective, the following things are important :

Mains level: Causes of Exclusion in Higher Education

Why in the news?

Persistent exclusion results in some disciplines becoming a last resort for many students with social sciences increasingly becoming a significant reservoir of the excluded in India.

Causes of Exclusion in Higher Education:

  • Excessive Competition: Premier institutions have stringent filtering mechanisms due to high demand, which results in significant exclusion of students.
  • Financial Factors: Private institutions often have high fees not regulated by statutory norms, and public institutions, facing reduced government funding, also increase fees, making education inaccessible for many.
  • Subject and Course Availability: There is a regional disparity in the availability of courses. Certain regions offer generic courses with outdated syllabi, limiting students’ choices and leading to exclusion.

Surge of Empirical Orientation:

  • Employability Perception: Courses with empirical and practical applications, like economics, are perceived to offer better employment opportunities compared to more theoretical courses like anthropology or sociology.
  • Policy Intervention Skills: There is a growing expectation for social science students to develop problem-solving skills similar to those of engineering students, which narrows the focus within social sciences.
  • Private Universities: The emergence of private universities catering to the affluent has led to a demand for courses that are less popular in public institutions, creating a dichotomy in course preference and quality.

Improving Quality of Higher Education:

  • Expand Quantity and Improve Quality: Increase the number of seats to accommodate excluded students and ensure concerted efforts towards enhancing the quality of education like entry based on competitive exams.
  • Enhance Teaching Quality: Prioritize the improvement of teaching methods and the content of courses to make education more relevant and effective for example reviewing and taking feedback on learning experiences from students.
  • Address Financial Exclusion: Implement measures to reduce financial barriers and prevent the widening of educational inequalities, ensuring that quality education is accessible to a broader demographic. For example, the Government can provide loans or scholarships.
  • Update Course Content: Regularly revise and update the syllabi to keep pace with societal changes and technological advancements, such as generative artificial intelligence.
  • Focus on Inclusivity: Ensure that policies and interventions in higher education focus on inclusivity, addressing the needs of diverse student populations and reducing regional disparities in course offerings.

Steps taken by Government 

  • All India Council for Technical Education (AICTE) Initiatives: The AICTE has undertaken various initiatives to enhance the quality of technical education, such as the establishment of Deen Dayal Upadhyay KAUSHAL Kendras and the introduction of B.Voc degree programs.
  • University Grants Commission (UGC) Regulations: The UGC has notified regulations to improve the quality of higher education, including those related to recognition, accreditation, minimum qualifications for teachers, curbing ragging, and grievance redressal.
  • Scholarship and Fellowship Schemes: The UGC has launched various scholarship and fellowship schemes, such as the PG Doctoral Fellowship for SC/ST students, to promote inclusion and equity in higher education.

Conclusion: Efforts to enhance higher education, including expanding access, improving quality, and addressing financial barriers, are crucial for fostering inclusivity and equipping students for India’s future.

Mains PYQ:

Q The quality of higher education in India requires major improvement to make it internationally competitive. Do you think that the entry of foreign educational institutions would help improve the quality of technical and higher education in the country Discuss. (UPSC IAS/2015)

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Police Reforms – SC directives, NPC, other committees reports

Arrest, agencies, and criminal courts

Note4Students

From UPSC perspective, the following things are important :

Mains level: Grounds of Arrest

Why in the news?

In May 2024, the Supreme Court clearly stated its stance in two important rulings that affect the rights of individuals accused of crimes.

About Supreme Court’s Decision on Detention:

  • Custody Not Necessary Before Charge Sheet: The Supreme Court ruled that the custody of an accused is not mandatory before filing a charge sheet in certain criminal cases.
  • Relief for Investigating Agencies: This decision, if adhered to by lower courts, could alleviate pressures on investigating agencies.

Filing of Charge Sheet:Siddharth v. State of Uttar Pradesh and Another (2021)

  • Non-obligatory Arrest: Section 170 of the CrPC does not require investigating officers (IOs) to arrest every accused at the time of filing the charge sheet.
  • Acceptance of Charge Sheet: Courts cannot refuse to accept charge sheets solely because the accused is not in custody if the accused has been cooperating and is unlikely to abscond.
  • Practical Issues: Despite the ruling, IOs face challenges in filing charge sheets due to court practices and logistical constraints, such as the absence of all accused or arbitrary limits on the number of charge sheets accepted daily.

Grounds of Arrest:

1.  Pankaj Bansal v. Union of India and Others (2023):

  • Written Notification Required: Grounds of arrest must be provided in writing to the accused to comply with constitutional and statutory mandates, specifically under Section 19(1) of the PMLA.

2. Prabir Purkayastha v. State (NCT of Delhi):

  • Application to UAPA: The requirement for written grounds of arrest under PMLA applies equally under UAPA.
  • Formal vs. Personal Grounds: Differentiates between formal reasons for arrest and personal grounds, necessitating detailed written reasons for arrest.

3. Criminal Procedure Code (CrPC):

  • Section 50(1) Compliance: Requires that every police officer inform the arrested person of the full particulars of the offence and grounds of arrest.
  • Arrest Memo: While arrest memos detail charges and are signed by the IO and the accused, there is no legal requirement to provide a copy to the accused.
  • Recommendation for Amendment: To comply with constitutional rights, it is suggested to amend the law to provide a copy of the arrest memo to the accused, enhancing transparency and legal support.

Conclusion: The Supreme Court’s decisions regarding the necessity of detention before charge sheet filing and the requirements for informing an accused of the grounds of arrest, highlight the implications for legal and procedural practices in India.

 

Mains PYQ:

Q Human right activists constantly highlight the fact that the Armed forces (Special Powers) Act, 1958 (AFSPA) is a draconian act leading to cases of human right abuses by security forces. What sections of AFSPA are opposed by the activists. Critically evaluate the requirement with reference to the view held by Apex Court.  (UPSC IAS/2015)

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Foreign Policy Watch: India – EU

Expert Explains: What European Parliament election results signify, with the rise of right-wing parties?

Note4Students

From UPSC perspective, the following things are important :

Mains level: Impacts of election result

Why in the News?

The outcomes of the June 6-9 European Parliament elections, where approximately 51% of over 370 million eligible voters across 27 EU nations participated, indicated an increase in support for right-wing and far-right parties, resulting in losses for predominantly left-leaning and liberal parties.

What is the European Parliament?

  • The European Parliament is one of the core institutions of the European Union (EU), where Members of the European Parliament (MEPs) are directly elected by citizens of the 27 member states.
  • It provides democratic legitimacy to EU activities and consists of 720 seats allocated based on degressive proportionality, meaning smaller states elect more MEPs than their populations would warrant.

Functions of the European Parliament:

  • The Parliament has three main functions: adopting and amending EU legislation along with the Council of the EU, supervising the functioning of other EU institutions (especially the European Commission), and sharing authority over the EU budget with the Council.
  • It also ratifies international agreements and plays a crucial role in shaping the EU’s direction on various issues such as climate change, migration, and international relations.

Major Players in the New European Parliament:

  • MEPs are affiliated with Europe-wide political groups based on commonalities in ideology. Major groups include the European People’s Party (EPP), Progressive Alliance of Socialists and Democrats (S&D), Renew Europe, Greens/European Free Alliance (Greens/EFA), European Conservatives and Reformists (ECR), Identity and Democracy (ID), and the Left Group (GUE/NGL).
  • The EPP and S&D have traditionally been the two major groups, but the Parliament has become more fragmented over time, leading to issue-based coalitions.
  • In the latest elections, the EPP emerged as the largest group, but right-wing and far-right parties made significant gains.

Impact on EU’s Position on Hot-Button Issues like Immigration:

  • The European Parliament reflects broader political trends across Europe, with right-wing parties gaining traction from issues such as increased immigration, national identity, and scepticism towards certain EU policies.
  • This shift towards the Right has pressured many centre-right parties to adopt harder positions on immigration, likely leading to increased support for tighter border controls and stricter immigration and asylum rules.

Impacts of election result:

  • The election results may influence the EU’s direction on key issues like climate change, migration, and international relations.
  • The rise of right-wing and far-right parties could lead to shifts in policy priorities and a more conservative stance on certain issues.
  • In national politics, the results may impact the stability of governments and the position of leaders like Emmanuel Macron, who called for snap polls in response to his party’s poor performance in the European elections.

Conclusion: The European Parliament election results signal a rise in right-wing parties, impacting EU policies on immigration and other key issues. National politics may also face repercussions, affecting leadership stability.

Mains PYQ:

Q Critically examine the procedures through which the Presidents of India and France are elected.(UPSC IAS/2022)

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

A push for more Climate Action

Note4Students

From UPSC perspective, the following things are important :

Prelims level: International Tribunal for the Law of the Sea (ITLOS)

Mains level: New Elements in the ITLOS Advisory Opinion on Climate Change

Why in the news?

On May 21, 2024, ITLOS issued an advisory opinion for COSIS, clarifying UNCLOS obligations for climate change mitigation and marine pollution control.”

About International Tribunal for the Law of the Sea (ITLOS)

  • The International Tribunal for the Law of the Sea (ITLOS) is an independent judicial body established by the United Nations Convention on the Law of the Sea (UNCLOS) to adjudicate disputes arising out of the interpretation and application of the Convention. 

Commission of Small Island States on Climate Change and International Law (COSIS)

  • It was established in 2021. COSIS was formed as an association of small island states, which are particularly vulnerable to the impacts of climate change. COSIS aims to address and mitigate the unique challenges that small island states face due to climate change.
  • It seeks to leverage international law to advocate for stronger climate action and protection measures.

New Elements in the ITLOS Advisory Opinion on Climate Change

  • Broad Interpretation of Obligations: The ITLOS extended its interpretation of obligations under UNCLOS to include not just parties to the COSIS Agreement but all states, emphasizing that climate change mitigation responsibilities apply universally.
  • Recognition of GHG Emissions as Marine Pollution: The Tribunal explicitly recognized anthropogenic greenhouse gas emissions, especially carbon dioxide, as a form of marine pollution under Article 194(1) of UNCLOS, necessitating measures to prevent, reduce, and control these emissions.
  • Adoption of the 1.5°C Temperature Goal: The Opinion aligned necessary climate actions with the more ambitious 1.5°C global temperature goal, reflecting the latest scientific consensus and international climate commitments, thus raising the standard for state obligations under UNCLOS.

Legal Significance

  • Principle of Prevention and Collective Interest: The Opinion embraces the principle of prevention, typically applied bilaterally, in a collective context for addressing climate change.
  • Stringent Due Diligence Obligation: The ITLOS describes the obligation to take necessary measures to mitigate climate change as a due diligence obligation. However, the standard of conduct is stringent due to the high risks of serious and irreversible harm to the marine environment from GHG emissions.
  • General Obligation to Mitigate Climate Change: While the Opinion outlines a general obligation under Article 194(1) of the UNCLOS, it is somewhat general in nature, allowing for measures that gradually reduce GHG emissions over time. This underscores that states do not have unrestricted discretion in their climate actions.
  • Equity and State Capabilities: The Opinion incorporates the principle of equity, recognizing that the necessary measures for GHG reduction are subject to states’ means and capabilities. This acknowledges differences in states’ capacities to address climate change and ensures that obligations are realistic and fair.
  • Political Influence Despite Lack of Legal Force: Although the advisory opinion lacks binding legal force, it holds substantial political influence as an authoritative judicial pronouncement. This can guide future legal interpretations and state actions in international climate change law.

Conclusion: ITLOS plays a critical role in the interpretation and application of the law of the sea, providing a judicial forum for resolving maritime disputes and offering authoritative guidance on emerging global issues like climate change. The recent advisory opinion underscores the Tribunal’s capacity to address complex and pressing environmental challenges, contributing to the evolving landscape of international environmental law.

Mains PYQ:

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 IAS/2021)

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Indian Navy Updates

Why India needs a third aircraft carrier

Note4Students

From UPSC perspective, the following things are important :

Mains level: Future Scope and Concerns associated with Indigenous Aircraft Carrier-2 (IAC-2)

Why in the news?

Recent reports from the media suggest that the Indian Navy’s persistent request for a third aircraft carrier is edging closer to reality, as Cochin Shipyard Limited (CSL) prepares to commence construction on an additional Vikrant-class platform weighing approximately 40,000 tonnes.

About Indigenous Aircraft Carrier-2 (IAC-2)   

  • The Indigenous Aircraft Carrier-2 (IAC-2) is a proposed second Indigenous aircraft carrier for the Indian Navy.
  • It is planned to be similar to the first indigenous aircraft carrier, INS Vikrant, but with some modifications.
  • The IAC-2 is expected to have a displacement of around 45,000 tonnes and will be equipped with STOBAR (short take-off but arrested recovery or short take-off, barrier-arrested recovery) technology.

Future Scope 

  • Operational Versatility: IAC-2 will enhance the Indian Navy’s operational flexibility, enabling it to conduct a wide range of missions including power projection, maritime security, and humanitarian assistance. The carrier’s advanced capabilities and modern technologies will ensure its effectiveness in addressing evolving maritime challenges.
  • Strategic Deterrence: IAC-2 will serve as a key deterrent against potential adversaries, bolstering India’s maritime deterrence posture and signalling its commitment to safeguarding its maritime interests. Its presence will reinforce India’s position as a major maritime power in the Indo-Pacific region, contributing to regional stability and security.
  • Technological Advancement: The construction and operation of IAC-2 will drive technological innovation and advancement in India’s indigenous defence industry. It will stimulate research and development efforts, fostering self-reliance and technological sovereignty in naval defence capabilities.

Concerns associated   

  • Budgetary issues: The estimated cost of constructing and operating IAC-2 is high, raising concerns about budgetary constraints and the allocation of resources amidst competing defence priorities.
  • Operational Vulnerabilities: IAC-2 may face challenges from evolving anti-access/area denial (A2/AD) strategies employed by potential adversaries such as China and Pakistan. The carrier’s large size and visibility make it susceptible to modern maritime warfare tactics, including advanced missile systems and submarine threats, potentially compromising its operational effectiveness.
  • Strategic Alignment: Questions may arise about the carrier’s role and relevance in addressing contemporary security threats and whether alternative defence investments would provide better national security and strategic deterrence returns.

Upgrading Capabilities as a Solution

  • Enhanced Airborne Capabilities: The Indian Air Force (IAF) can project maritime power using aircraft like the SEPECAT Jaguar IM/IS and Sukhoi Su-30MKI fighters, which can carry advanced maritime strike weapons. The Su-30MKI squadron, equipped with BrahMos-A supersonic cruise missiles, enhances maritime strike capabilities.
  • Strengthening Island Defenses: Upgrading the military capabilities of the Andaman and Nicobar archipelago could create an A2/AD maritime ‘exclusive zone’, deterring Chinese naval activities.
  • Balanced Force Development: Diversifying investments to upgrade existing surface combatants, submarines, and air assets can provide a balanced approach to enhancing naval capabilities. Ensuring adequate funding for other critical areas like mine counter-measures, maritime patrol aircraft, and naval utility helicopters is essential for comprehensive maritime security.

Conclusion: While the IAC-2 represents a significant advancement in India’s naval capabilities, addressing financial constraints, strategic vulnerabilities, and diversifying investments in maritime and airborne assets are crucial for achieving a robust and balanced defence strategy.

Mains PYQ:

Q What are the maritime security challenges in India? Discuss the organisational, technical and procedural initiatives taken to improve maritime security. (UPSC IAS/2022)

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Special Category Status and States

On Special Category Status for Andhra Pradesh

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Benchmark for the granting of SCS

Mains level: Why is the demand for special status for Andhra Pradesh back in the political limelight?

Why in the News?

With the completion of the 2024 Lok Sabha elections, the demand for Special Category Status to Andhra Pradesh is again gaining attention.

Why is the demand for special status for Andhra Pradesh back in the political limelight?

  • Unfulfilled Promise: Despite assurances by the previous Prime Minister and BJP leaders, the Special Category Status (SCS) promised to Andhra Pradesh post bifurcation remained unfulfilled.
  • Economic Struggles: Andhra Pradesh faces revenue deficits and escalating debts post-bifurcation, hampering its development projects and infrastructure initiatives.
  • Dependency on Central Aid: With the need for funding for critical projects like Amaravati’s development and ongoing revenue deficits, Andhra Pradesh seeks central assistance for its economic stability and growth.

Five factors stood as the qualifying benchmark for the granting of SCS

  • States that comprise a majority tribal population, low density of population, hilly States and close to international borders, have socio-economic and industrial backwardness and lack adequate State finances.
  • At present, the States that have the SCS include Arunachal Pradesh, Assam, Himachal Pradesh, Jammu and Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, and Uttarakhand.

Why did Chandrababu Naidu, back in 2018, settle for a special package?

  • Pressure from Opposition: Facing criticism and a strong opposition campaign over the unmet promise of SCS, Naidu, then allied with the NDA, agreed to a Special Package (SP) as an alternative.
  • Naidu’s decision to accept the SP was influenced by political considerations that included maintaining stability within the NDA alliance and counter-opposition attacks.

Is the State qualified to be granted Special Status?

  • Debatable Qualification: Andhra Pradesh’s eligibility for SCS is contested, with some arguing it doesn’t meet the criteria outlined for special status, including socio-economic and geographical disadvantages.
  • Previous Annulment: The 14th Finance Commission equated SCS with general category status and annulled it for new states, citing increased tax devolution and revenue deficit grants as alternatives.

What did the 14th Finance Commission state?

  • On Alternative Grants: Instead of SCS, the commission increased tax devolution to states and introduced revenue deficit grants to address fiscal disparities, providing Andhra Pradesh with financial assistance.
  • Scope for Review: While the 14th Finance Commission did not explicitly rule out SCS, it left the decision to the Union Government, suggesting a potential review by subsequent finance commissions and policy bodies.

Way forward:

  • Comprehensive Economic Reform: Implement structural reforms to boost economic growth, reduce fiscal deficits, and attract investments, ensuring sustainable development beyond dependency on special status or central aid.
  • Targeted Development Projects: Prioritize funding for infrastructure projects based on critical needs and potential economic returns, focusing on sectors like agriculture, manufacturing, and technology to drive growth and employment.

Mains PYQ:

Q The political and administrative reorganization of states and territories has been a continuous ongoing process since the mid-nineteenth century. Discuss with examples. (UPSC IAS/2022)

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

IRDAI’s new health insurance rules   

Note4Students

From UPSC perspective, the following things are important :

Prelims level: IRDAI and its composition

Mains level: The recent rules highlighted by IRDAI

Why in the news?

Recently, the Insurance Regulatory and Development Authority (IRDAI) introduced a set of reforms in the health insurance sector aimed at significantly enhancing service standards for policyholders.

The recent rules highlighted by IRDAI (Insurance Regulatory and Development Authority of India) include:

  • Cashless processing: Insurers are mandated to accept or reject cashless claims immediately, within one hour, and settle such claims on discharge within three hours. Any delay beyond this period would result in the insurer bearing the additional costs, if any.
  • Claim settlement: Insurers cannot repudiate a claim without the approval of their claims review panel. Documents for claim settlement must be collected from hospitals or third-party administrators, not from the insured.
  • Policyholders with multiple health policies: They can select the policy under which they want to make a claim, with the primary insurer coordinating the settlement of the balance amount from other insurers.
  • Reward for No claims: Policyholders with no claims during the policy period may receive either an increased sum insured or discounted premium amounts.
  • Renewal policies: All individual health policies are renewable and cannot be denied based on previous claims, except in cases of fraud, non-disclosures, or misrepresentation. No fresh underwriting is required for renewal policies unless there is an increase in the sum insured.
  • Portability requests: Stricter timelines are imposed on portability requests via the Insurance Information Bureau of India portal.
  • Customer information sheet: Insurers are required to include a customer information sheet as part of the policy document, explaining all customer-facing details such as policy type, sum assured, coverage details, exclusions, deductibles, and waiting periods.

Challenges related to health insurance in India 

  • Opaque Policy Details and Claim Processes: Policyholders often struggle to understand the intricacies of insurance contracts, leading to uncertainty about coverage entitlements and reimbursement procedures.
  • Claim Rejections: Policyholders frequently face claim rejections due to inadequate documentation and ambiguous claims processes.
  • Delays in Claim Settlement: Insurance companies often take a long time to process claims, causing inconvenience and financial stress for policyholders

IRDAI and its composition:

  • The Insurance Regulatory and Development Authority of India (IRDAI) is the regulatory body overseeing the insurance sector in India. It was constituted under the Insurance Regulatory and Development Authority Act, 1999.
  • The composition of IRDAI typically includes a Chairman and members appointed by the Government of India. The authority regulates various aspects of insurance, including licensing, pricing, and policyholder protection, to ensure the stability and growth of the insurance industry while safeguarding the interests of policyholders.

Conclusion: IRDAI’s recent health insurance reforms aim to improve service standards by mandating timely cashless claim processing, transparent claim settlement, and policyholder rewards for no claims. These changes address challenges like opaque policies and claim rejections, enhancing customer trust. IRDAI plays a vital role in ensuring a fair and efficient insurance sector.

Mains PYQ:

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

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