Note4Students
From UPSC perspective, the following things are important :
Mains level: Management in Pandemic situation;
Why in the News?
Four years after the onset of Covid, an expert group formed by NITI Aayog has proposed the establishment of a comprehensive framework to handle future public health emergencies or pandemics effectively.
Lessons Learned from COVID-19:
- Gaps in Legal Frameworks: Existing laws like the Epidemic Diseases Act (1897) and National Disaster Management Act (2005) were insufficient for handling large-scale health emergencies. These laws lack clarity on definitions of epidemics and provisions for managing public health crises, drug distribution, and quarantine measures.
- Delayed Response and Coordination: The COVID-19 pandemic exposed weaknesses in coordination between central and state governments, highlighting the need for a more organized response mechanism.
- Inadequate Surveillance: Insufficient disease surveillance and early warning systems delayed the identification of threats. The role of zoonotic diseases, especially viruses linked to bat species, underscored the need for better monitoring of human-animal interactions.
What specific recommendations does the NITI Aayog report make?
- Enactment of PHEMA: Introduce the Public Health Emergency Management Act for a more robust legal framework to manage pandemics and other health emergencies.
- Empowered Group of Secretaries (EGoS): Establish a central committee to oversee pandemic preparedness, governance, R&D, surveillance, and response efforts.
- Strengthened Disease Surveillance: Create a national biosecurity and biosafety network and monitor human-animal interfaces, especially for zoonotic diseases.
- Emergency Vaccine Bank: Develop a stockpile of vaccines for rapid access during health crises, sourced domestically or internationally.
- Early Warning and Research Network: Build a forecasting and modelling network, along with Centres of Excellence (CoEs) to advance research on priority pathogens and preparedness.
How can India enhance its pandemic preparedness framework? (Way forward)
- Strengthening Legal and Institutional Frameworks: Enact a Public Health Emergency Management Act (PHEMA) and establish an Empowered Group of Secretaries for coordinated pandemic response.
- Enhancing Surveillance and Early Warning Systems: Build a robust disease surveillance network, biosecurity system, and epidemiology forecasting for early detection and response to outbreaks.
- Investing in Health Infrastructure and Vaccine Stockpiles: Develop public health cadres, boost healthcare infrastructure, and create an emergency vaccine bank for rapid deployment during health crises.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: India-France relation;
Why in the News?
France is set to host more than 100 heads of state, government leaders, and senior officials for the 19th Francophonie Summit on October 4-5, 2024.
How can Technology Enhance Diplomatic Efforts Between India and France?
- Digital Collaboration: The summit emphasizes cooperation in digital technology, which can strengthen ties through joint projects, knowledge sharing, and innovation in areas like AI and cybersecurity.
- Facilitating Communication: Technology, particularly AI, can enhance communication between diplomats and stakeholders, enabling more efficient exchanges and negotiations in multiple languages.
- Showcasing Innovations: Events like the FrancoTech Fair will provide platforms for Indian and French innovators to collaborate on addressing common challenges, fostering deeper bilateral relations through shared technological advancements.
What Role Does Diversity Play in Shaping Diplomatic Strategies?
- Cultural Exchange: Emphasizing multilingualism and cultural diversity fosters mutual understanding and strengthens relationships, allowing for more nuanced diplomatic interactions.
- Inclusive Decision-Making: Acknowledging diverse perspectives helps create more representative and effective diplomatic strategies, ensuring that various stakeholders are considered in negotiations.
- Promotion of Values: Embracing diversity aligns with the core values of democracy and human rights, which can enhance the credibility and appeal of diplomatic efforts.
What are the Implications of Global Cooperation in Addressing Contemporary Issues?
- Shared Responsibility: Global cooperation is essential for addressing challenges like climate change, health crises, and digital governance, promoting collective action and resource sharing among nations.
- Strengthening Multilateral Institutions: Enhancing cooperation leads to reforms in institutions like the UN, World Bank, and IMF, making them more effective and responsive to global needs.
- Fostering Innovation: Collaborative efforts among nations can drive innovation in technology and policy, enabling quicker and more effective responses to pressing global issues and facilitating knowledge exchange.
Way forward:
- Establish Joint Innovation Initiatives: India and France should create collaborative platforms for research and development in emerging technologies, focusing on areas like AI, cybersecurity, and digital infrastructure to enhance diplomatic relations and tackle common global challenges.
- Promote Multicultural Diplomatic Engagement: Both nations should prioritize cultural exchanges and inclusive dialogue that reflect diverse perspectives, thereby strengthening mutual understanding and fostering more effective and representative diplomatic strategies.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 25(2) of the Constitution, Secularism
Why in the News?
As the Supreme Court hears petitions about the alleged adulteration of ghee in Lord Venkateswara’s Laddu Prasadam, many religious organizations have renewed their demand to free temples from government control.
How are Religious Places managed in India?
- Muslim and Christian places of worship are managed by community-run boards or trusts.
- Hindu, Sikh, Jain, and Buddhist temples are often under government control.
- Hindu temples make up the majority of the 30 lakh places of worship in India (2011 census).
- Under Article 25(2) of the Constitution, the government can regulate economic, financial, or secular activities associated with religious practices.
- This allows the state to enact laws concerning the administration of Hindu religious institutions.
Examples of Government Control:
- Tamil Nadu: The state’s Hindu Religious and Charitable Endowments (HR&CE) department manages temples.
- Andhra Pradesh: The state controls the Tirumala Tirupati Devasthanams (TTD), including the Tirupati Temple.
- Jammu and Kashmir: Enacted the Jammu and Kashmir Shri Mata Vaishno Devi Shrine Act, 1988, specifically to manage the Vaishno Devi Shrine in Katra, Jammu.
- A portion of the income from offerings and donations is used for:
- Temple administration
- Maintenance of smaller temples
- Welfare activities, including hospitals, schools, orphanages, and secular education.
Historical Context of Government Control Over Temples
- Ancient India: Temples have historically received land and wealth donations from kings and nobles, becoming centers of culture and economy. Larger temples often promoted agriculture and irrigation.
- Medieval Period: Many temples were attacked and pillaged by invaders due to their immense wealth.
- Colonial Era: Between 1810 and 1817, the East India Company enacted laws in Bengal, Madras, and Bombay to regulate temples and prevent the misuse of temple income and endowments.
Colonial Laws:
- Religious Endowments Act, 1863: Gave control of temples to committees, but the government maintained influence through judicial jurisdiction and other laws.
- Madras Hindu Religious Endowments Act, 1925: Empowered provincial governments to oversee temple endowments and gave substantial powers to commissioners.
Post-Independence Laws:
- After Independence, many states enacted laws based on the Madras Hindu Religious and Charitable Endowments Act, 1951, which gave the government supervision over temples and allowed the appointment of an Executive Officer to manage temple affairs.
- A similar law was passed in Bihar around the same time.
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Demand for Freeing Temples from Government Control
- 1959: The Rashtriya Swayamsevak Sangh (RSS) passed its first resolution demanding that the Kashi Vishwanath Temple be returned to Hindus.
- 1988: The Akhil Bharatiya Karyakari Mandal (ABKM) of the RSS called on state governments to hand over temples to representatives of Hindu devotees, arguing that government control was unfair and aimed at controlling temple funds.
- 2021: The VHP passed a resolution in Faridabad demanding a central law to free temples from government control.
Legal Position on Temple Control
Courts have generally upheld government control over temples, although there have been arguments in favor of freeing temples.
Key Judgments:
- 1954 Shirur Mutt Case: The Supreme Court ruled that a law transferring control of religious institutions to another authority violates Article 26(d), which guarantees the right to manage religious property. However, the state can regulate the administration of religious or charitable institutions.
- Ratilal Panachand Gandhi vs. The State of Bombay (1954): The Supreme Court affirmed that the right to manage religious institutions is fundamental, but the state can regulate trust properties through valid laws.
- Pannalal Bansilal Pitti vs. State Of Andhra Pradesh (1996): The Supreme Court upheld a law abolishing hereditary rights over temple management and rejected the argument that such laws must apply equally to all religions.
Recent Case:
- In 2022, lawyer Ashwini Upadhyay filed a petition in the Supreme Court to free temples from government control. The SC remarked that under the current system, temples cater to broader social needs, and reversing this would return temples to their previous state as centers of wealth. Upadhyay withdrew his petition.
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PYQ:
[2019] What are the challenges to our cultural practices in the name of Secularism?
[2016] How the Indian concept of secularism is different from the western model of secularism? Discuss. |
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Issues related to STs
Why in the News?
Recently, Jharkhand Chief Minister Hemant Soren urged Assam’s Himanta Biswa Sarma to grant ST status to tea tribes, he was also strategically countering the BJP’s campaign in election-bound Jharkhand.
Demand for Scheduled Tribe Status
- Recognition of Marginalization: The Jharkhand CM has emphasized that the tea tribes in Assam, numbering around 70 lakh, are marginalized despite their significant contributions to the state’s economy.
- He has formally requested Scheduled Tribe (ST) status for these communities, which are currently classified as Other Backward Classes (OBCs) in Assam, limiting their access to essential government benefits and protections associated with ST status.
- ST Status: The tea tribes meet the criteria for ST status due to their distinct cultural identity, traditional way of life, and vulnerability to exploitation.
- Many members of these tribes are indigenous to Jharkhand and have historical ties to Assam, having migrated there during colonial rule to work in tea plantations.
Which are the Tea Tribes in Assam?
- Munda: Originating from the Chotanagpur plateau, they are one of the most prominent groups among the tea tribes in Assam.
- Santhal: They have a rich cultural heritage and are known for their traditional music and dance.
- Oraon: This group also hails from central India and has a strong presence in Assam’s tea gardens.
- Gond: Primarily found in central India, Gonds are part of the tea tribes due to historical migration patterns.
- Kurukh: This group is related to the Oraon and shares linguistic and cultural ties with them.
- Bhumij: They were brought to Assam for labor in tea plantations.
The criteria for a community to be recognized as a Scheduled Tribe (ST) in India:
As established by the Lokur Committee and currently followed by the Office of the Registrar General of India (RGI), include:
- Primitive Traits: Indications of a primitive lifestyle or cultural practices that are less developed compared to mainstream society.
- Distinctive Culture: A unique cultural identity that differentiates the community from others, including language, traditions, and customs.
- Geographical Isolation: Communities that are historically or currently isolated from the mainstream population, often residing in remote areas.
- Shyness of Contact with the Community at Large: A tendency to avoid interaction with broader society, which may stem from historical marginalization.
- Backwardness: Socio-economic disadvantages compared to the general population, including lower levels of education and economic development.
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How do the Tea Tribes contribute to the Economy?
- Major Workforce: The tea tribes form the backbone of Assam’s tea industry, which is one of the largest in the world.
- Approximately 53% of India’s total tea production comes from Assam, and a significant portion of this labor force comprises tea tribe members, particularly women.
- Economic Dependence: It is estimated that around 20 lakh people (2 million) in Assam are directly or indirectly dependent on the tea industry for their livelihoods.
- The wages earned by tea tribe workers are a primary source of income for many families within these communities.
Cultural Heritage and Historical Injustices
- Due to Cultural Displacement: The tea tribes face challenges in preserving their cultural heritage due to their classification as OBCs. This status affects their land rights and access to employment opportunities, leading to a loss of cultural identity.
- Due to Socio-economic Challenges: Despite contributing significantly to Assam’s tea industry, the tea tribes suffer from poor living conditions, lack of educational facilities, and inadequate healthcare.
- They often live in poverty and face systemic barriers that prevent them from accessing government programs designed for marginalized communities. This situation reflects historical injustices stemming from colonial labor practices that uprooted them from their ancestral lands.
Way forward:
- Granting ST Status: Expedite the process of granting Scheduled Tribe (ST) status to the tea tribes, which would provide them with legal recognition and access to special protections, reservations, and welfare schemes aimed at uplifting marginalized communities.
- Improving Living Conditions: Implement targeted government programs to improve the living conditions of tea tribe communities, focusing on access to education, healthcare, and better infrastructure in tea plantation areas.
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Climate change; Pollution; Impact of La-Nina;
Why in the News?
The delayed onset of La Niña and the late retreat of the monsoon have diminished hopes that Delhi’s residents might enjoy improved air quality this winter compared to previous years.
What is Triple-dip La- Nina?
Triple-dip La Niña refers to the rare occurrence of La Niña persisting for three consecutive years, causing prolonged cooler ocean temperatures in the Pacific and influencing global weather patterns, including stronger monsoons. |
How has the triple-dip La Niña phenomenon influenced air quality in North India?
- No dispersion of pollutants: The delayed onset of La Niña has led to stagnant air and calm winds, preventing the dispersion of pollutants. In previous winters, La Niña helped improve air quality with stronger winds and atmospheric circulation.
- Trapped air pollutants: The slower monsoon retreat resulted in extended periods of high humidity, reduced atmospheric mixing, and trapped pollutants near the surface, contributing to deteriorated air quality.
What meteorological factors contributed to the observed anomalies in air quality?
- Monsoon Retreat and Humidity: The delayed retreat of the monsoon contributes to prolonged periods of high humidity and calm winds. These conditions reduce atmospheric mixing, trapping pollutants near the surface and leading to elevated levels of PM2.5 and PM10.
- Stagnant Winds: The absence of La Niña conditions results in stagnant surface winds, which hinder the dispersion of pollutants. This stagnation is particularly problematic given the regional emissions from stubble burning and other sources.
- Stubble Burning: With prevailing north-north-westerly winds, stubble burning in Punjab and Haryana could significantly worsen Delhi’s air quality if it occurs at even half the intensity seen in previous years.
What implications does this have for future climate and air quality management strategies?
- Need for Broader Focus: There is a growing recognition that air quality management must shift from a localized emission-centric approach to one that considers larger meteorological patterns and regional airsheds.
- Policy Recommendations: Policymakers should prioritize mitigating PM2.5 emissions over PM10, as PM2.5 poses greater health risks.
- Integration of Climate Factors: Future air quality strategies should integrate climate change considerations, recognizing that local emissions are only part of the equation.
Way forward:
- Adopt Regional Airshed Management: Shift from a localized approach to a broader airshed strategy, accounting for meteorological patterns and regional pollution sources to improve air quality management.
- Prioritize PM2.5 Mitigation and Climate Integration: Focus on reducing PM2.5 emissions, which pose higher health risks, and incorporate climate change factors into long-term air quality policies for comprehensive solutions.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Initiative related to scientific research;
Why in the News?
In 2023, the government replaced numerous opaque science awards with the Rashtriya Vigyan Puraskar (RVP), a streamlined set with clear criteria. It aimed to address concerns about transparency by involving committees led by respected scientists.
Introduction of Rashtriya Vigyan Puraskar (RVP):
- In 2023, the government replaced multiple science-related awards with the RVP, a consolidated and streamlined set of awards.
- RVP introduced specific categories and clear eligibility criteria to enhance transparency and reduce opacity in the selection process.
- Committees led by reputed scientists were tasked with finalizing the awardees, a measure intended to address concerns about bureaucratic interference.
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Concerns Over Selection Process:
- Chance of political interference: The modification of rules overnight and the omission of some scientists from the final list, despite being shortlisted by the RVP committee, created suspicion of political interference.
- Omission of the critic of Govt policy: Notably, some of the omitted scientists had previously criticized government policies, leading to concerns that the awards process might be used to marginalize dissenting voices within the scientific community.
Shift in Authority:
- Original Process: Initially, the RVP committee head had the authority to finalize the awardees.
- Recent Change: A last-minute rule modification allowed the committee head to only “recommend” the final list to the Science Ministry, increasing the possibility of government intervention in the selection process.
- Recognition Framework: The RVP awards are categorized into four main types: Vigyan Ratna for lifetime achievements, Vigyan Shri for distinguished contributions, Vigyan Yuva for young scientists, and Vigyan Team for collaborative efforts.
Impact on the Scientific Community
- Concerns Over Transparency: The modification of selection criteria just before the announcement of awardees has led to suspicions that political motives might influence who receives recognition.
- Notably, some scientists who were initially included in the recommended list were omitted from the final public announcement, prompting questions about whether political pressures were involved.
- Exclusion of Dissenting Voices: Many excluded scientists had previously expressed dissent against government policies. This trend suggests a troubling pattern where recognition is contingent upon alignment with governmental perspectives, potentially stifling academic freedom and critical discourse within the scientific community.
Way forward:
- Strengthen Transparency and Autonomy: Establish an independent, non-governmental oversight body to ensure that the selection process remains transparent and free from political interference.
- Safeguard Academic Freedom: Implement safeguards to prevent exclusion based on political or ideological views, ensuring that recognition is purely merit-based.
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Adulteration issues in India;
Why in the News?
The ghee samples used by ‘Tirumala Tirupati Devasthanams’ for ritual offerings and ‘Laddu Prasadam’ were found to contain foreign fats, including fish oil, beef tallow, and lard, as per the NDDB’s analysis report.
What did the ALF of the National Dairy Development Board find in the Tirupati laddus?
- The Centre for Analysis and Learning in Livestock and Food (CALF) of the National Dairy Development Board found that ghee samples supplied to the Tirumala Tirupati Devasthanams (TTD) for preparing laddus were adulterated with various fats.
- Adulterants detected included:
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- Plant-based fats: soybean, sunflower oil, rapeseed oil, linseed, wheat germ, maize germ, cotton seed, coconut, and palm kernel fat.
- Animal-based fats: fish oil, beef tallow, and lard (pig fat).
Existing Laws:
- The Indian Penal Code (1860) penalizes food adulteration under Section 272, but penalties are often minimal, leading to insufficient deterrence.
- The Food Safety and Standards Act, of 2006 aims to consolidate food safety regulations, but implementation remains weak due to inadequate resources and oversight.
Implementation Gaps:
- Despite robust standards set by the FSSAI, the actual enforcement is lacking. For instance, many tests that could detect sophisticated forms of adulteration are only sometimes conducted due to a lack of testing facilities and trained personnel.
- A study by the Centre for Science and Environment (CSE) highlighted that major brands of honey were found to be adulterated with undetectable syrups, raising concerns about the effectiveness of current testing protocols.
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Why maintaining a good baseline data (specific to Indian conditions) is necessary?
- Biological Variation in Indian Cows: Baseline data specific to Indian cows is needed for accurate results. Indian cows may have different genetic and biochemical profiles compared to European cows, meaning the existing international standards for detecting adulteration (like the ‘s-values’) may not accurately reflect the composition of Indian cow ghee.
- Adulterants Unique to Local Conditions: The types of adulterants commonly used in India, such as certain vegetable oils or animal fats, may differ from those in other regions. Establishing baseline data for Indian adulterants would improve the precision of detecting the specific types of foreign fats used in India.
- Accurate Interpretation of Results: Without specific data on the composition of Indian cow ghee, it becomes difficult to interpret the results from methods like gas chromatography. Customized baseline data ensures that the detection methods yield accurate and meaningful conclusions in the Indian context.
Way forward:
- Strengthen Enforcement Mechanisms: Increase resources for testing facilities and train personnel to implement FSSAI standards more effectively, ensuring regular checks for sophisticated adulteration.
- Develop India-Specific Testing Protocols: Create testing standards based on baseline data specific to Indian cows and local adulterants to improve accuracy in detecting food adulteration.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Swachh Bharat Mission (SBM) Urban 2.0;
Mains level: Solid Waste Management; Urbanization issues at Local governance; Landfill issues in India;
Why in the News?
In the third year of the five-year Swachh Bharat Mission (SBM) Urban 2.0, larger cities have yet to clear land at half of their landfill sites. According to government sources, only 38% of the total waste has been remediated so far..
Present State of Cities in India (related to legacy landfills):
- Inadequate Progress in Waste Remediation: Three years into Swachh Bharat Mission (SBM) Urban 2.0, only 38% of the waste in legacy landfill sites across major cities has been remediated. About 62% of garbage still remains unprocessed, and 65% of the land has not been cleared.
- Slow Progress in Large Cities:
- In major cities with populations over 1 million, 35 out of 69 landfill sites have not had any land cleared.
- Deonar landfill in Mumbai, the largest in India, has not seen any remediation or land clearance.
- In Ahmedabad’s Pirana landfill, 48% of the total area has been cleared, while in Delhi’s Ghazipur and Bhalaswa landfills, waste remediation has begun, but no land has been reclaimed yet.
- Challenges with Legacy and Fresh Waste: Legacy landfills remain a persistent issue as fresh waste is still being deposited at the same sites undergoing remediation. This cycle hampers progress, as more fresh waste offsets the clearance of older waste, making remediation efforts inefficient.
| Note: The Swachh Bharat Mission – Urban 2.0 (SBM-U 2.0), launched on October 1, 2021, aims to achieve a “Garbage Free” India by 2026. It focuses on sustainable sanitation, effective waste management, and enhancing urban cleanliness through initiatives like door-to-door waste collection and remediation of legacy dumpsites. |
What are the cities expected to do with reclaimed land?
- Reuse Plans for Cleared Land: According to SBM Urban 2.0 guidelines, cities are expected to reuse cleared land after bioremediation for productive purposes such as:
- Refuse Derived Fuel (RDF): Waste is processed into RDF for use in waste-to-energy plants.
- Construction and Demolition Waste Recycling: Cleared waste is recycled for infrastructure projects.
- Bio-soil: Reclaimed bio-soil is used for road construction or other land development projects.
- Limited Action on Reuse: Despite these plans, the amount of land reclaimed from garbage dumps remains minimal in many cities, and detailed data on how reclaimed land is being utilized is lacking. As of now, the focus remains on remediation rather than immediate land reuse.
Way forward:
- Develop Alternative Waste Processing Sites: Cities must create dedicated facilities to manage fresh waste separately from legacy landfills to avoid offsetting progress and ensure efficient remediation.
- Accelerate Land Reuse Plans: Prioritize the swift repurposing of reclaimed land for productive uses, such as waste-to-energy plants, construction material recycling, and bio-soil applications, ensuring sustainable urban development.
Mains PYQ:
Q How could social influence and persuasion contribute to the success of Swachh Bharat Abhiyan? (UPSC IAS/2016)
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Issues related to manual scavengers;
Why in the News?
Government data from over 3,000 urban local bodies across 29 States and Union Territories shows that 91.9% of the 38,000 sewer and septic tank cleaners profiles belong to SC, ST, or OBC communities.
What are the socio-economic conditions of workers engaged in sewer and septic tank cleaning?
- Demographics: A significant majority (91.9%) of the 38,000 profiled workers belong to marginalized communities: 68.9% Scheduled Castes (SC), 14.7% Other Backward Classes (OBC), 8.3% Scheduled Tribes (ST), and 8% from the general category.
- Employment Status: The workforce largely comprises low-income individuals engaged in hazardous, low-status jobs, reflecting persistent caste-based disparities.
- Capital Subsidies support: Since the launch of the NAMASTE program, ₹2.26 crore in capital subsidies have been distributed to 191 beneficiaries, indicating some financial support for transitioning into self-employment.
How effective are current policies and rehabilitation schemes for sanitation workers?
- NAMASTE Programme: Aimed at mechanizing sewer cleaning and providing safety training and equipment, the program is a replacement for the Self-Employment Scheme for Rehabilitation of Manual Scavengers (SRMS).
- Enumeration Process: Over 3,326 urban local bodies (ULBs) are involved, with 38,000 workers profiled so far. However, 283 ULBs reported zero workers, suggesting that the profiling might not be comprehensive or that many workers are unrecognized.
- Rehabilitation Success: Out of 58,098 identified manual scavengers under the previous SRMS scheme, 97.2% were from SC communities. While cash transfers of ₹40,000 were provided, only a fraction pursued skills training or loans for alternative livelihoods.
What are the challenges?
- Social Stigma: Predominantly from marginalized communities (SC, ST, OBC), these workers face discrimination, limiting their access to better job opportunities and social mobility.
- Health Risks: Exposure to hazardous working conditions leads to significant health risks, with a high mortality rate (377 deaths from 2019 to 2023) due to unsafe practices.
- Ineffective Rehabilitation: Current policies and support programs lack comprehensive coverage, leaving many workers unrecognized and limiting the effectiveness of financial assistance and training initiatives.
What are the health risks and safety measures for workers in hazardous cleaning roles?
- Hazardous Working Conditions: Between 2019 and 2023, 377 workers died from hazardous cleaning activities, highlighting the extreme risks associated with sewer and septic tank cleaning.
- Safety Training: The NAMASTE program aims to provide safety training for workers to minimize health risks, but the effectiveness of such training needs further evaluation.
- Equipment and Mechanization: The goal is to transition workers from manual cleaning to mechanized processes, reducing their exposure to dangerous conditions and improving overall safety.
Way forward:
- Comprehensive Training and Support Programs: Enhance the effectiveness of the NAMASTE program by providing robust safety training and resources for workers, coupled with extensive outreach to ensure all workers are identified and supported, including those currently unrecognized.
- Promotion of Mechanization and Safety Standards: Accelerate the mechanization of sewer cleaning operations to reduce health risks, and establish strict safety standards and regulations to protect workers, ensuring regular monitoring and enforcement of these standards.
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Significance of the self-respect movement;
Why in the News?
This year marks the beginning of the centenary of the “Self-Respect Movement”, a transformative movement with a unique mission to empower individuals and communities to challenge and dismantle the oppressive hierarchical structures that had subjugated them.
What is the significance of the Self-Respect Movement?
- Empowerment Against Hierarchical Structures: The Self-Respect Movement, founded by Periyar in 1925, aimed to dismantle the caste-based hierarchy that oppressed lower castes, especially in the Madras Presidency.
- Social Reform Beyond Political Representation: The movement went beyond advocating for communal representation, focusing on equal rights for women, caste abolition, and the upliftment of the depressed classes.
- It introduced radical reforms like self-respecting marriages and supported women’s rights such as property ownership, divorce, and widow remarriage.
- Kudi Arasu’s Role: The Tamil weekly, Kudi Arasu (The Republic), served as a platform to spread Periyar’s critiques of Brahminism and the caste hierarchy, expanding the reach of the Self-Respect Movement.
- Federalism and Political Autonomy: Periyar and the movement contributed to the evolution of federalism in India by advocating for regional autonomy and opposing the dominance of elite caste groups in politics.
How can the principles of the self-respect movement be sustained and promoted?
- Adaptation to Contemporary Issues: The movement must address modern complexities like the intersectionality of caste with class, religion, gender, and sexuality. Expanding the movement’s scope to include LGBTQIA+ rights and evolving gender norms will keep it relevant.
- Counter-fack news on social media: Active communication with younger generations, particularly in countering right-wing narratives and caste biases on social media, is vital for promoting the movement’s ideals of equality and rationalism.
- Reframing Social Justice in a Global Context: Sustaining the Self-Respect Movement’s legacy requires integrating its principles with global discussions on social justice, identity politics, and human rights.
- Advocacy for Policy Reforms: Continuous advocacy for policies that address caste and gender inequalities, such as reservations and legal protection for self-respect marriages, can strengthen the movement’s impact.
What challenges does the self-respect movement face in the current socio-political climate?
- Cultural Homogenisation: The rise of Hindutva and right-wing ideologies seeks to homogenise India’s diverse cultures, undermining regional, linguistic, caste, and gender identities that the movement has historically sought to protect.
- Evolving Caste Dynamics: While traditional caste practices may have declined in some areas, caste-based discrimination persists subtly in other forms, which the movement must continue to confront.
- Digital Misinformation: The rise of social media has led to the spread of falsehoods that reinforce caste and group prejudices. The movement must actively engage in digital spaces to counter these narratives.
- Caste-based politics: In states like Bihar and Uttar Pradesh, many regional political parties engage in caste-based politics, which indirectly obstructs the principles and application of the Self-Respect Movement.
Way forward:
- Promote Inclusive Policy Reforms: The Indian government should enhance policies that target caste and gender inequalities, such as expanding legal protections for self-respect marriages and enforcing anti-discrimination laws, while ensuring marginalized communities have equitable access to resources and opportunities.
- Strengthen Digital Literacy and Anti-Misinformation Efforts: The government should initiate programs to combat digital misinformation, particularly caste-based narratives, by promoting digital literacy, fact-checking, and inclusive content on social media platforms to foster equality and social harmony.
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Challenges related to land reform;
Why in the News?
India’s land governance system is a tangled web of laws that have significantly impeded the nation’s economic and social progress for many years.
What are the limitations of digitisation in land law reform?
- Failure to Address Legal Complexities: Digitisation alone does not resolve the underlying conflicts in land laws, such as unclear titles, insecure tenure, and legal ambiguities around land ownership and transfers.
- Outdated Records: Even digitised land records may remain outdated or inaccurate, undermining the reliability of property titles and failing to improve access to formal credit.
- Ineffectiveness in Fragmented Land Markets: Digitisation does not solve the issue of land fragmentation, which reduces agricultural productivity and hampers investment.
- Limited Impact on Tenancy and Leasing Laws: Digitisation does not address restrictions on land leasing or tenancy, leaving land markets inefficient and informal.
- Overreliance on Administrative Procedures: The complexities of legal and administrative frameworks still hinder land ownership, transfers, and use, despite digitisation efforts.
- Political Exemptions from Judicial Review: The exclusion of land laws from judicial scrutiny through the Ninth Schedule limits accountability and the ability to challenge unjust political or administrative actions.
How do socio-political factors influence the effectiveness of digitisation efforts?
- Political Resistance: Local and state-level political interests may resist changes to land laws that could undermine entrenched power structures or vested interests, impeding the effectiveness of digitisation efforts.
- Rent-Seeking Behavior: Complex land laws and administrative procedures encourage rent-seeking, making digitisation ineffective without legal reforms that simplify regulations.
- Cultural Norms and Gender Disparities: Socio-political dynamics, especially regarding gender and caste, influence land ownership patterns, limiting the impact of digitisation in addressing social inequalities.
- State Variability: Differences in state capacity, resources, and political will lead to uneven adoption and success of digitisation efforts across India.
- Lack of Integration in Subsidy Targeting: Social and political factors, such as inefficient targeting of subsidies (e.g., fertiliser subsidies not linked to land records), limit the impact of digitisation on equitable resource distribution.
- Exclusion from Judicial Review: The Ninth Schedule’s protection of land laws from judicial review allows political decisions to go unchallenged, reducing the long-term effectiveness of digitisation reforms.
What additional measures are necessary for effective land law reform? (Way forward)
- Comprehensive Legal Reforms: Overhaul conflicting land laws to ensure clarity, secure property titles, and strengthen property rights.
- Tenancy and Leasing Reforms: Modernise and liberalise tenancy laws to formalise leasing arrangements and reduce the risk of expropriation.
- Land Use Flexibility: Reforms allowing easier conversion of land use between agricultural, industrial, and residential sectors to ensure optimal land utilisation.
- Land Consolidation Policies: Facilitate land consolidation to improve agricultural productivity and attract investment by reducing fragmentation.
- Gender Equality in Land Ownership: Strengthen laws ensuring equal land and property rights for women, addressing gender-based inequalities in land ownership.
- Judicial Oversight: Allow land laws to be subject to judicial review, ensuring fairness and protecting against arbitrary political and administrative decisions.
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Simultaneous elections;
Why in the News?
With the Union Cabinet’s approval of the report by the High-Level Committee recommending simultaneous elections for the Lok Sabha and state assemblies, the debate over “One Nation, One Election” (ONOE) has once again come to the forefront.
How can Simultaneous Elections enhance governance and stability?
- Reduction of Policy Paralysis: Simultaneous elections prevent the frequent imposition of the Model Code of Conduct (MCC), which temporarily halts new policy initiatives and decision-making. This ensures that governance continues uninterrupted.
- Efficient Resource Allocation: Election authorities, security forces, and government resources would be deployed more efficiently since elections are held once in a fixed cycle, allowing for long-term planning and execution of policies.
- Cost-Effective: Holding simultaneous elections reduces the cost of organizing elections multiple times, allowing the government to focus funds on development projects rather than repeated electoral processes.
- Political Stability: It minimizes the risks of constant political instability caused by staggered elections, ensuring a stable policy environment for long-term economic and social development.
About the Voter Engagement and Participation:
- Voters may be more inclined to participate in elections if they only need to vote once to elect both state and national representatives, which can lead to improved engagement and turnout.
- Simultaneous elections make the process more convenient for voters, as they need to participate only once, avoiding voter fatigue caused by frequent electoral exercises.
- Voting for both state and national representatives at the same time can allow voters to make more informed decisions by seeing a clearer alignment of their political choices at both levels.
Impact on Political Dynamics:
- Level Playing Field: Simultaneous elections reduce the advantage for ruling parties that often leverage state elections for national influence and vice versa. Opposition parties will benefit from this, as their campaign resources and strategies can be focused at one time.
- Less Populism: With fixed election dates, political parties may be less inclined to resort to short-term populist measures, allowing for more substantive debates on long-term issues.
- Reduced Election Fatigue: Frequent elections can create voter fatigue and disengagement from political processes. Simultaneous elections reduce this fatigue, which can also lower campaign costs for parties.
- Strategic Alliances: Parties may form more concrete alliances across states and national elections, leading to more coherent national and state-level strategies instead of fragmented political campaigning.
Way forward:
- Constitutional and Legislative Reforms: Amendments to the Constitution and electoral laws should be carefully designed to align election cycles of the Lok Sabha and state assemblies, ensuring a smooth transition without undermining democratic processes.
- Building Consensus Across Political Spectrum: A broad political consensus must be achieved through dialogue, involving all stakeholders to address concerns and mitigate opposition, ensuring that simultaneous elections are seen as a step toward democratic efficiency rather than partisanship.
Mains PYQ:
Q Simultaneous election to the Lok Sabha and the State Assemblies will limit the amount of time and money spent in electioneering but it will reduce the government’s accountability to the people’ Discuss. (UPSC IAS/2017)
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From UPSC perspective, the following things are important :
Prelims level: South China Sea; Places in News;
Mains level: Geopolitical Conflicts; South China Sea;
Why in the News?
In recent years, maritime East Asia has witnessed escalating power struggles, with China claiming Japan-controlled Senkaku/Diaoyu Islands in the East China Sea, sparking repeated tensions.
What are the current geopolitical tensions in the East and South China Seas?
- East China Sea: The main issue revolves around the Senkaku/Diaoyu Islands, claimed by both China and Japan.
- Tensions have escalated through incidents like the arrest of a Chinese fishing boat captain and Japan’s nationalization of the islands in 2012. The area also witnesses Chinese Coast Guard incursions.
- South China Sea: China’s claims over most of the region, backed by aggressive actions such as the creation of artificial islands and naval exercises, have escalated tensions with Vietnam, the Philippines, Malaysia, Brunei, and Taiwan.
- China’s “Nine-Dash Line” claims have been rejected by international tribunals, but Beijing continues to push these claims.
- USA Context: The U.S. maintains security alliances with Japan, South Korea, and the Philippines, providing military backing. Joint exercises and increased cooperation between these allies.
- The formation of the “Squad” (US, Japan, Australia, and the Philippines) highlights the coordination to counterbalance China’s influence.
How do climate change and environmental factors impact storm patterns in these regions?
- Storm Patterns and Rising Seas: The region is highly vulnerable to extreme weather events, including typhoons, which are becoming more intense and frequent due to climate change.
- Rising sea levels and changing storm patterns threaten coastal communities, military installations, and infrastructure.
- Erosion of Islands: The creation of artificial islands by China is accelerating coastal erosion and destroying coral reefs, which are critical to local marine ecosystems.
What are the implications of military activities by regional powers in the East and South China Seas?
- Growing Militarization: China has rapidly expanded its military presence, including the construction of airstrips, ports, and other defense infrastructure.
- The Chinese Coast Guard and maritime militias have been active in harassing the vessels of other claimant states, particularly in the South China Sea.
- Challenge the US Navy: China’s military activities are seen as part of its broader strategy to challenge U.S. naval supremacy in the Indo-Pacific. This strategy also includes controlling vital sea lanes, undersea cables, and energy reserves.
How are local communities and economies affected?
- Economic Disruption: China’s actions in the South China Sea, particularly around disputed fishing areas, have impacted local economies dependent on fishing.
- Maritime Trade: The region is home to critical sea lanes through which a significant portion of global trade, including energy supplies, passes. Any conflict or blockade in these waters would have severe global economic ramifications.
- Impact on Tourism: The increasing militarization and tension also negatively impact tourism in coastal areas.
Way forward:
- Strengthening Maritime Partnerships: India should enhance its strategic maritime partnerships in the Indo-Pacific through forums like the Quad (India, U.S., Japan, and Australia) and ASEAN to ensure a free and open Indo-Pacific.
- Economic and Infrastructure Diplomacy: India can leverage initiatives like SAGAR (Security and Growth for All in the Region) and enhance its economic presence by investing in infrastructure, connectivity, and capacity-building projects in Southeast Asian countries.
Mains PYQ:
Q South China Sea has assumed great geopolitical significance in the present context. Comment. (UPSC IAS/2016)
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Impact of Climate change;
Why in the News?
The record warming of 2023-2024 is offering a clearer view of the impacts of global warming. The range of extreme events experienced globally has spanned from deadly heatwaves to devastating cyclones and floods, as well as droughts and wildfires.
Impact of Warming on Predictability:
- Increased Variability: The record warming of 2023-2024 highlights the unpredictability of climate systems under global warming, complicating forecasts for natural phenomena like El Niño, monsoons, and hurricanes.
- Natural Variability: Warming may extend the timescale of natural decadal variability, making it harder to distinguish between short-term fluctuations and long-term trends in climate behaviour.
- Model Limitations: Despite advances, climate models are imperfect in capturing changes in dominant climate modes due to warming, leading to inconsistencies in predicting events like monsoon trends.
Types of Climate Models to forecast the weather:
- General Circulation Models (GCMs): These models simulate the physics of the climate system by representing the interactions between the atmosphere, oceans, land, and ice. They divide the Earth into a three-dimensional grid and calculate climate variables like temperature and humidity in each grid cell.
- Earth System Models (ESMs): An advanced subset of GCMs that includes biogeochemical cycles, allowing them to simulate interactions between climate and ecological processes, such as carbon and nitrogen cycles.
- Regional Climate Models (RCMs): These focus on smaller geographic areas to provide more detailed climate projections by using outputs from GCMs as inputs for localized simulations.
- Integrated Assessment Models (IAMs): These combine climate science with socioeconomic factors to analyze how human activities influence climate change and to project future emissions scenarios.
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Challenges in Forecasting Extreme Weather:
- Inconsistent Predictions: Predictions for extreme weather events in 2023, such as the monsoon and hurricane seasons, were less accurate, revealing the limitations of current models and observational networks.
- Unforeseen Factors: Unanticipated contributions, like the impact of the Hunga Tonga volcano or wildfire-induced CO2 emissions, exacerbated warming in ways models failed to predict, illustrating the unpredictability of new factors.
- Censorship Concerns: The rapid response required from social media platforms to act on content flagged as misleading within 36 hours created concerns about censorship and freedom of expression.
Future of Weather Prediction Models:
- Need for Model Improvements: There is ongoing work to refine models and incorporate the latest technologies, including AI and machine learning, to improve weather prediction accuracy at hyperlocal scales.
- Natural Modes and Uncertainty: The predictability of natural modes (El Niño, La Niña, IOD) may decrease with relentless warming, making future climate forecasts increasingly uncertain.
- Short-Term Focus: A shift toward short-term predictions (up to a decade or two) may offer more reliable projections due to the inherent difficulty in predicting long-term scenarios under continuous global warming.
Way forward:
- Enhanced Climate Models: Invest in improving climate models with cutting-edge technologies like AI, machine learning, and advanced sensors to increase the accuracy of short-term forecasts and better capture the impact of natural variability under warming.
- Localized Early Warning Systems: Develop robust, hyperlocal early warning systems to better prepare for extreme weather events, focusing on disaster management and reducing vulnerabilities in high-risk communities.
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Issues related to Nuclear bombs;
Why in the News?
September 26 is recognized on the United Nations calendar as the International Day for the Total Elimination of Nuclear Weapons.
What is the current state of global nuclear disarmament efforts?
- Treaty on the Prohibition of Nuclear Weapons (TPNW): The TPNW, in force since 2021, is the first legally binding international agreement that comprehensively bans nuclear weapons. As of July 2024, it has 70 states parties and 27 signatories yet to ratify, covering nearly 50% of the world’s states.
- Non-Proliferation Treaty (NPT): The NPT, in effect since 1970, remains the foundational treaty aimed at preventing the spread of nuclear weapons and promoting eventual disarmament. However, it has been criticized for its limited focus on actual disarmament.
- Persistent Objectors: Nuclear-armed states (such as the U.S., Russia, China, India, and Pakistan) and their allies have consistently opposed the TPNW, refusing to be bound by its provisions.
What are the key obstacles hindering further nuclear disarmament?
- Nuclear Deterrence Doctrine: The belief in nuclear deterrence — the idea that possessing nuclear weapons prevents attacks — is a central justification for continued nuclear armament.
- Nuclear-Weapon States’ Resistance: The nuclear-armed states, including the U.S., Russia, China, India, and others, continue to view nuclear weapons as essential to their security strategies, despite claims of disarmament commitments under the NPT.
- Geopolitical Conflicts: Ongoing geopolitical tensions, such as Russia’s invasion of Ukraine, China’s rising military power, North Korea’s nuclear tests, and Iran’s uranium enrichment, have exacerbated the global nuclear threat, further impeding disarmament efforts.
- Lack of Enforcement Mechanisms: The TPNW, while normatively important, lacks robust enforcement mechanisms. It depends on the voluntary commitment of states, and nuclear possessors do not face direct penalties for non-compliance.
What steps can be taken to reinvigorate the nuclear disarmament agenda? (Way forward)
- Strengthening International Advocacy: Civil society, former political leaders (including NATO officials), and international organizations should continue advocating for disarmament and urging nuclear-armed states and their allies to reconsider their stance. Public pressure could create the political will for further disarmament steps.
- Engagement of Non-Nuclear States: States that are non-nuclear but support the TPNW should work to expand the treaty’s footprint, encouraging more countries to ratify and actively participate in its framework. This could help isolate nuclear possessors diplomatically and morally.
- Building Confidence through Arms Control Treaties: Reviving arms control agreements, such as the Comprehensive Test Ban Treaty (CTBT) and the New START treaty, would be important milestones in reducing nuclear risks.
About CTBT:
- Complete Ban on Nuclear Testing: The CTBT prohibits all forms of nuclear explosions—whether for military or civilian purposes—across all environments, including underground, atmospheric, and underwater.
- Robust Verification Mechanism: The treaty includes an International Monitoring System (IMS) of over 300 monitoring stations worldwide, capable of detecting nuclear tests, as well as provisions for on-site inspections to ensure compliance with the treaty’s terms.
- India is not a signatory to the Comprehensive Nuclear-Test-Ban Treaty (CTBT).
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- Diplomatic Pressure and Dialogue: Encouraging diplomatic dialogue, especially among the major nuclear powers, could help mitigate tensions and create pathways to gradual disarmament. Leaders must explore confidence-building measures, transparency, and mutual reductions in nuclear arsenals.
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Fundamental Rights and its implication;
Why in the News?
- On September 20, the Bombay High Court declared the amended IT Rules, 2021, unconstitutional for empowering the Centre’s Fact Check Unit to flag “fake or misleading” content about the government, citing vagueness.
- Justice Atul Sharachchandra Chandurkar delivered the decisive ruling as the tie-breaker judge, following a split verdict by a division bench of Justices G.S. Patel and Neela Gokhale in January 2024.
Why did the Bombay High Court strike down IT Rules, 2021?
- Violation of Constitutional Rights: Justice Atul Chandurkar ruled that the amended rules violated Articles 14 (right to equality) and 19 (freedom of speech and expression) of the Constitution. He characterized the terms “fake, false, or misleading” as vague and overbroad, which could lead to arbitrary enforcement by the government.
- Censorship Concerns: The court emphasized that the rules amounted to censorship and lacked necessary procedural safeguards. Justice Patel’s earlier opinion highlighted that they effectively made the government a “judge in its own cause,” undermining free speech.
- Chilling Effect on Intermediaries: The requirement for social media intermediaries to act on flagged content within 36 hours to retain their legal protections was seen as creating a chilling effect, discouraging platforms from hosting diverse opinions and criticisms of the government.
About Fact Check Unit:
- The Fact Check Unit (FCU) under the Press Information Bureau (PIB) of the Government of India was established to combat misinformation and fake news related to government policies and initiatives.
- The PIB’s FCU was established in November 2019 and was formally notified as the central government’s fact-checking body under the amended Information Technology (IT) Rules, 2021.
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What did the amended rules ask of social media intermediaries?
The amended Rule 3(1)(b)(v) mandated that social media intermediaries must:
- Make “reasonable efforts” to prevent users from uploading content flagged by the FCU as misinformation.
- Remove such flagged content within 36 hours if they wish to maintain their “safe harbour” protection against liability for third-party content.
Supreme Court’s Intervention
- Appointing Justice Chandurkar as a tie-breaker judge to provide a final ruling on the matter after petitions were filed challenging the amended rules.
- Initially dismissing applications for an interim stay on the FCU’s establishment but later staying its operation until a final decision was reached regarding the constitutional validity of the rules.
Way forward:
- Strengthen Procedural Safeguards: Any fact-checking mechanism should include clear, objective guidelines, and an independent review process to avoid arbitrariness and protect free speech rights under the Constitution.
- Promote Transparency and Oversight: Establish a transparent, multi-stakeholder oversight body that includes civil society, legal experts, and technology professionals to ensure fair implementation and avoid misuse of content regulation powers.
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Issues related to retraction;
Why in the News?
The ‘Retraction Watch’ database reports an Indian scientist in Lucknow with 45 retractions, while a Kolkata researcher, who published 300 papers in a year, had six papers retracted.
What is retraction?
- A retraction is when a scientific journal officially takes back a research paper because it contains serious mistakes or was found to be dishonest (like using fake data).
- It’s like saying, “This paper shouldn’t be trusted,” to make sure other scientists don’t rely on wrong information.
What is retraction index?
- The retraction index is a way to measure how often papers are retracted in a particular journal.
- It helps to see the rate of retractions compared to the total number of papers published by the journal.
How It’s Calculated:
- It is calculated by multiplying the number of retractions by 1,000 and dividing it by the total number of papers published in that journal during a specific time period.
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What are the primary reasons for retraction?
- Plagiarism: Copying or presenting someone else’s work without proper attribution.
- Fabrication/Falsification: Deliberate manipulation of data, experiments, or results to present false findings.
- Image Manipulation: Altering figures or graphical representations, especially in fields like biology and medicine.
- Paper Mills: Fake or low-quality papers produced by organizations and sold to researchers to inflate publication counts.
- Ethical Violations: Including authorship disputes, undisclosed conflicts of interest, and failure to obtain proper consent for studies.
- Errors in Data: Honest mistakes in data collection, interpretation, or analysis that render the findings invalid.
How do retractions affect the credibility of scientific research?
- Erosion of Trust: Scientific integrity relies on trust; retracted papers can cause scientists to lose confidence in published research.
- Hindrance to Scientific Progress: Retractions delay progress, as future research may be based on faulty or retracted studies.
- Impact on the Reputation of Researchers and Institutions: Scientists and institutions involved in retractions often face damage to their credibility and career prospects.
- High-Impact Journals at Greater Risk: More retractions occur in high-impact journals, suggesting a vulnerability due to the pressure to publish groundbreaking work quickly.
- Harm to Public Perception: High-profile retractions, especially in fields like medicine, can damage public trust in science and scientific institutions.
What is the process of retracting a paper?
- Detection: Retractions are often initiated when errors or misconduct are identified through peer reviews, investigations, or by other researchers who question the validity of the work.
- Investigation: The journal and, in some cases, the author’s institution will conduct an inquiry to determine whether the issues warrant retraction.
- Notification: Once a decision is made, the journal issues a notice of retraction. This document typically explains why the paper is being retracted (e.g., misconduct or error).
- Publication of Retraction Notice: The retraction notice is published in the journal, often linked to the original paper. The original article is marked as retracted but remains in the journal archives for transparency.
- Database Update: Retractions are indexed in databases like PubMed, Retraction Watch, and others, so researchers are informed of flawed studies.
Way forward:
- Strengthen Peer Review and Use AI Tools: Implement advanced AI tools to detect plagiarism, data manipulation, and image alteration during the peer review process to prevent flawed papers from being published.
- Shift Focus from Quantity to Quality: Encourage institutions to prioritize the quality of research over the sheer number of publications to reduce the pressure on researchers and discourage reliance on paper mills.
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Cross-border insolvency cases;
Why in the News?
It is essential to incorporate the significance of insolvency laws into global trade discussions through both multilateral and bilateral channels.
What are the key challenges in managing cross-border insolvency cases?
- Jurisdictional Conflicts: Difficulty in determining which country’s courts have jurisdiction over insolvency proceedings, especially when a company has assets and creditors in multiple countries.
- Recognition of Foreign Proceedings: Some countries may not recognize foreign insolvency proceedings, leading to inconsistent outcomes.
- Coordination Issues: Lack of cooperation between courts and administrators in different countries can complicate the resolution of cross-border insolvency cases.
- Legal and Cultural Differences: Variations in legal systems, insolvency laws, and business practices across countries make harmonization challenging.
- Enforcement of Judgments: Difficulty in enforcing insolvency-related judgments or agreements across different jurisdictions.
How does the Insolvency and Bankruptcy Code (IBC) address cross-border insolvency in India?
- Limited Provisions: The IBC, 2016, has provisions for handling cross-border insolvency on a case-by-case basis through bilateral agreements, but it lacks a comprehensive framework.
- Bilateral Arrangements: India’s approach currently relies on ad hoc bilateral agreements to manage cross-border insolvency cases, making the process fragmented and less efficient.
- No Adoption of the UNCITRAL Model Law: Despite several recommendations by committees, India has yet to adopt the UNCITRAL Model Law on Cross-Border Insolvency, which would provide a more standardized and efficient resolution mechanism.
What international frameworks exist to facilitate cross-border insolvency resolutions?
- UNCITRAL Model Law on Cross-Border Insolvency (1997): A widely recognized framework designed to facilitate cooperation between courts and administrators in different countries.
- It operates on four pillars: access, recognition, cooperation, and coordination. It has been adopted by over 60 countries.
- EU Insolvency Regulation: Provides a framework for handling insolvency within EU member states, facilitating the recognition of insolvency proceedings across borders within the EU.
- NAFTA/US-Mexico-Canada Agreement (USMCA): Includes provisions for resolving insolvencies with cross-border implications between member countries.
- Bilateral and Multilateral Trade Agreements: Some international agreements include limited provisions on cross-border insolvency, though most focus on general trade and dispute resolution, leaving a gap in addressing insolvency directly.
Way forward:
- Adopt the UNCITRAL Model Law: India should expedite the adoption of the UNCITRAL Model Law on Cross-Border Insolvency to establish a standardized framework, improving cooperation, recognition, and legal certainty in international insolvency cases.
- Integrate Cross-Border Insolvency in Trade Agreements: India should incorporate cross-border insolvency provisions in Free Trade Agreements (FTAs) and Comprehensive Economic Partnership Agreements (CEPAs) to ensure seamless insolvency resolution in international trade.
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From UPSC perspective, the following things are important :
Mains level: Land issues in Urban;
Why in the News?
On Monday, September 24, the Karnataka High Court permitted an investigation into Chief Minister Siddaramaiah in connection with the alleged Mysore Urban Development Authority (MUDA) scam.
What was the MUDA scam case?
- The Allegations: In July 2023, anti-corruption activists approached Karnataka Governor Thawarchand Gehlot, alleging that Chief Minister Siddaramaiah’s wife, Parvathi, received 14 housing sites from the Mysore Urban Development Authority (MUDA).
- This was allegedly in exchange for a 3.16-acre plot of land that MUDA illegally acquired in 2021, during the tenure of the BJP-led government. The scam allegedly caused a loss of ₹55.80 crore to the state.
- Governor’s Action: In response, the Governor issued a show-cause notice to Siddaramaiah and later sanctioned an investigation under the Prevention of Corruption Act, 1988 (PCA) and the Bharatiya Nyaya Sanhita, 2023.
What were the grounds for Siddaramaiah’s challenge?
- Council of Ministers’ Advice: The Chief Minister argued that the Governor was bound by the Council of Ministers’ August 1, 2023 resolution, advising withdrawal of the show-cause notice.
- Governor’s Discretion: Siddaramaiah contended that the Governor’s sanction was unjustified, biased, and exceeded his discretionary powers, which could only be invoked if the Council’s decision was irrational.
What did the court decide?
- The Karnataka High Court upheld the Governor’s sanction for the investigation, stating that the circumstances justified the Governor’s actions under “exceptional circumstances.”
- The court observed that the Governor’s decision was not made in haste but after careful consideration of the allegations and relevant facts.
- The court clarified that private individuals (complainants) can seek approval to investigate public officials under the Prevention of Corruption Act, and the Governor’s approval can be granted even in such cases.
- The court lifted the interim embargo on the investigation against Siddaramaiah, allowing the inquiry to continue into the alleged MUDA scam.
Conclusion: The Karnataka High Court upheld Governor Gehlot’s sanction for an investigation into the alleged MUDA scam, rejecting Siddaramaiah’s challenge. The court ruled that exceptional circumstances justified the Governor’s actions, allowing the inquiry to proceed.
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From UPSC perspective, the following things are important :
Mains level: Significance of NBFC sector;
Why in the News?
During the transition to the Scale-Based Regulation (SBR) framework, the NBFC sector experienced double-digit credit growth, maintained adequate capital levels, and saw a reduction in delinquency ratios.
What is Scale-Based Regulation (SBR)?
- The SBR framework was first outlined in October 2021 and became effective on October 1, 2022.
- It aims to categorize NBFCs based on their size, activities, and perceived riskiness rather than merely distinguishing between systemically important and non-systemically important entities.
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What are the key points presented by RBI on the resilience of the NBFC sector?
- Improvement in Asset Quality: Since the introduction of the Scale-Based Regulation (SBR) framework in October 2022, the asset quality of NBFCs has improved, with lower gross non-performing asset (GNPA) ratios.
- By December 2023, GNPA ratios had decreased to 2.4% for government-owned NBFCs and 6.3% for non-government NBFCs, reflecting enhanced risk management.
- Double-Digit Credit Growth: The NBFC sector maintained strong credit growth throughout 2023, driven by a diversified funding base, including retail credit (gold loans, vehicle loans, and housing loans) and expanding into industrial and service sectors.
- Improved Profitability: The sector witnessed a rise in profitability, as evidenced by better returns on assets (RoA) and equity (RoE).
- Net NPA (NNPA) Performance: Upper layer NBFCs had lower GNPA ratios than middle layer NBFCs, but the latter maintained sufficient provisions for riskier portfolios, ensuring that their NNPA ratios were also controlled.
- Compliance with SBR: Major NBFCs in the “Upper Layer” identified by the RBI under the SBR framework, such as LIC Housing Finance, Bajaj Finance, and L&T Finance, have complied or initiated steps to comply with listing requirements.
Regulatory measures taken up by the NBFC sector
- Scale-Based Regulation (SBR) Framework: Introduced in October 2022, the SBR framework categorizes NBFCs into different layers based on their size, systemic importance, and risk profile. For instance, strengthen asset quality, capital requirements, and risk management.
- Prompt Corrective Action (PCA) Norms: Effective from October 2024, PCA norms will apply to government-owned NBFCs. These measures aim to enhance financial discipline, focusing on capital adequacy and asset quality.
- Diversification of Funding Sources: Due to rising risk weights on bank lending, NBFCs have diversified their funding base by reducing dependence on bank borrowings and expanding into secured retail credit.
- Listing Compliance: Many NBFCs in the upper layer have complied or are in the process of complying with listing requirements as part of regulatory mandates.
What are the emerging risks that NBFCs need to cater? (Way forward)
- Cybersecurity Risks: With the increasing use of digital platforms, NBFCs need to enhance cybersecurity measures to safeguard against evolving cyber threats.
- Climate Risk: The financial impact of climate change poses a new risk. NBFCs must integrate climate-related risks into their risk management frameworks to mitigate potential disruptions.
- Financial Assurance Functions: The RBI emphasizes that assurance functions like risk management, compliance, and internal audit are critical in maintaining resilience in the face of rapid changes in the financial landscape.
- Evolving Regulatory Environment: As the financial sector continues to evolve, NBFCs must stay ahead of regulatory changes and ensure that their risk management practices are aligned with emerging threats and new regulations.
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