Note4Students
From UPSC perspective, the following things are important :
Prelims level: Judiciary; Preventive detention; Civil liberties; Article 21;
Mains level: Judiciary; Guarantee of Civil Liberties;
Why in the News?
- Delhi Deputy Chief Minister Manish Sisodia was arrested in early 2023 by the CBI and ED in the Delhi liquor policy case. After nearly a year and a half in prison, the Supreme Court of India granted him bail, underscoring that bail should not be used as a form of punishment.
Previous judgments on the ‘Right to Speedy Trial’:
- The Supreme Court referenced its earlier judgments, including Kashmira Singh (1977), P. Chidambaram (2020), and Satender Kumar Antil (2022), which establish that the right to a speedy trial is fundamental under Article 21 of the Constitution.
- The Court’s decision in Arnab Manoranjan Goswami vs The State of Maharashtra and Ors. (2020) was cited, reinforcing that liberty is a core component of constitutionalism.
- In recent scenario, the SC relied on its earlier order dated October 30, 2023, in Manish Sisodia vs Central Bureau of Investigation, which highlighted concerns about the large volume of evidence (56,000 pages of documents and 456 witnesses) potentially causing significant delays in trial proceedings.
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What are the present limitations?
- Prolonged Incarceration: The ruling pointed out that the legal system often leads to excessive delays, which can result in individuals being punished without trial.
- Dependence on Prosecutorial Statements: A concern was raised about the reliance on the prosecution’s assurances regarding the timeline for trial completion.
‘Guarantee of Civil Liberties’:
- Constitutional Foundation: The Supreme Court emphasized that individual liberties should not be contingent on the discretion of the prosecution.
- In judgments like Maneka Gandhi v. Union of India (1978), the Court expanded the understanding of due process, emphasising that any deprivation of liberty must follow fair, just, and reasonable procedures.
- Judicial Responsibility: The judgment aims to prevent the misuse of stringent laws like the Prevention of Money Laundering Act (PMLA) and to uphold the dignity and rights of individuals.
- In Rana Ayyub v. Directorate of Enforcement (2023), the Supreme Court emphasized judicial oversight in PMLA enforcement while ensuring trials follow underlying offenses.
- Public’s trust on Judiciary: Presently, the Apex Court pointed out the flawed tendency of some judges to deny bail unnecessarily, ignoring the principle of timely trials. This may lead to loss of public trust in the judiciary.
- Call for Systemic Change: The ruling urges a reevaluation of the political and legal systems to prioritize justice and individual rights over personal vendettas.
- State of Maharashtra v. Rani Kusum (2005) underscores the necessity for reforms to address delays in the judicial process.
- Bail is the Rule, Not the Exception: The Supreme Court’s decision in granting bail to Manish Sisodia reinforces the principle that bail is the rule, not the exception.
Way forward:
- Adherence to procedural deadlines: In this situation, courts should enforce stricter adherence to procedural deadlines and prioritize cases involving prolonged incarceration to safeguard the right to a speedy trial.
- Independent oversight committees: Need to establish independent oversight committees to regularly review cases of prolonged incarceration without trial, ensuring accountability and reducing reliance on prosecutorial assurances alone.
Mains PYQ:
Q What was held in the Coelho case? In this context, can you say that judicial review is of key importance amongst the basic features of the Constitution? (UPSC IAS/2016)
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Applicability of Office of Profit on SEBI Chairperson;
Why in the News?
Hindenburg Research has alleged SEBI Chairperson Madhabi Puri Buch and her husband held stakes in Adani-linked offshore funds, implying bias in SEBI’s Adani investigation.
Accusations Against SEBI Chairman Madhabi Puri Buch
- Hindenburg Research has accused SEBI Chairman Madhabi Puri Buch of conflicts of interest related to offshore funds tied to the Adani Group, financial opacity regarding a consulting firm transferred to her husband, and potential favoritism towards Blackstone, where her husband is a senior advisor.
Status of the Ongoing Investigation by SEBI
- Supreme Court Oversight: The Supreme Court has directed SEBI to investigate the allegations made by Hindenburg Research.
- Show Cause Notice by SEBI: In June 2024, SEBI issued a show cause notice to Hindenburg Research, indicating that the regulator is actively pursuing the matter.
About SEBI’s Code on Conflict of Interest:
According to SEBI’s Code on Conflict of Interest, board members, including the Chairperson, are prohibited from holding any other office of profit or engaging in professional activities that involve receiving a salary or professional fees.It can constitute a number of different things that need to be disclosed by the concerned board member:
- Certain transactions in shares: The Code says that a member must disclose their, and their family’s (spouse, dependent children below 18 years of age) holdings within 15 days of the assumption of Office, and annually update this disclosure.
- Outside private activities: SEBI board members are not allowed to hold any other ‘office of profit’.
- Acceptance of gifts: Board members are not allowed to accept “any gift (whose value exceeds Rs 1,000) by whatever name called, to the extent possible, from a regulated entity”. If they do, they have to hand it over to the General Services Department of the SEBI.
- Miscellaneous: Members are bound to disclose “any post, other employment or fiduciary position” which they hold or have held in the past five years, in connection with any regulated entity.
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Way forward:
- Enhance stricter disclosure requirements: SEBI should implement stricter disclosure requirements for all board members, including the Chairperson, ensuring transparency about their financial interests, past affiliations, and potential conflicts.
- Establishing an Independent Ethics Committee: An independent ethics committee should be created to oversee and review any potential conflicts of interest involving SEBI board members.
Mains PYQ:
Q In the light of Satyam Scandal (2009), discuss the changes brought in the corporate governance to ensure transparency and accountability. (2015)
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Impact of monopoly in the market
Why in the news?
US Federal court ruled Google’s $26 billion payments to default on smartphone browsers violated US antitrust law, blocking competitors and benefiting the Justice Department.
About Google’s Antitrust Case
- The U.S. Department of Justice (DOJ) brought an antitrust case against Google, accusing it of maintaining a monopoly in the online search and advertising sectors.
- The DOJ argued that Google’s dominance was achieved through exclusive distribution agreements, which prevented competitors from succeeding in the market.
What Did the Ruling State?
- Google Monopolistic Practices: Google broke antitrust laws to keep its monopoly on “general search services” and “general search text ads.”
- Note: The Sherman Antitrust Act is a landmark U.S. federal law enacted in 1890 to promote competition and prevent monopolistic practices.
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- Advantageous position due to the “default” search engine: The Google company has an unseen advantage over its competitors where it’s search engine processes an estimated 8.5 billion queries per day worldwide.
- The present judgment by US District of Colombia limits itself to the relevant geographic market of the US.
- Paying billions to smartphone makers: Google was accused of paying billions to smartphone makers like Apple and Samsung to ensure Google was the default search engine on their devices and browsers.
How Do Monopolistic Practices Harm Consumer Experience?
- Impact on Competition: Monopolistic practices, like those exhibited by Google, stifle competition by preventing rivals from entering the market and can lead to higher prices and reduced innovation.
- Unfair Platform for Start-ups: The new start-ups would have to surmount the entry barriers to create a GSE of comparable quality to Google. These barriers would cost high capital, access to distribution channels, and brand recognition.
- Quality Degradation: A monopolist may lose the incentive to improve the quality of its products, as there is little risk of losing customers to competitors.
- The ruling highlighted that Google conducted a study in 2020 that showed it would not lose search revenue even if it significantly reduced the quality of its search product.
- Limites the choices of consumer: When a company holds a monopoly, consumers are often left with few alternatives, allowing the monopolist to exploit its position.
Government Initiatives taken in India for similar line:
The Draft Competition Bill 2024: The Ministry of Corporate Affairs’ Bill prevents giant tech companies/ Systemically Significant Digital Enterprises (SSDEs) from participating in anti-competitive practices.
- The Bill imposes restrictions on SSDEs, barring them from favouring their own products and services, and from using or sharing users’ personal data without their consent.
- Big tech companies have objected to the Bill because the compliance burdens would shift focus from innovation and research.
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Way forward:
- Encouraging Innovation: Governments and regulatory bodies should support the development of alternative search engines and platforms through incentives, grants, and support for startups.
- Banning Exclusive Agreements: Prohibit exclusive distribution agreements that make one product or service the default, ensuring that consumers have a choice and that competitors can fairly compete.
Mains question for practice:
Q Discuss the significance of India’s Competition Act, 2002 in regulating anti-competitive practices and promoting a fair market environment. 10M
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Antibiotics resistance;
Mains level: Concerning aspects of Antibiotic use;
Why in the news?
While vital for treating infections, antibiotics can disrupt the microbiome by indiscriminately killing both harmful pathogens and beneficial gut bacteria, especially broad-spectrum types.
Various roles played by Antibiotics (Applications):
Treatment of Infections
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Antibiotics are essential for treating bacterial infections, significantly reducing mortality rates associated with infectious diseases
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For example, penicillin and other antibiotics, the mortality rate from strep throat dropped dramatically from 1% to less than 0.1%.
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Preventing Disease Spread
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Treating bacterial infections, antibiotics can prevent the spread of disease to other individuals
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For instance, during the 2009 H1N1 influenza pandemic, antibiotics were used to treat secondary bacterial pneumonia, which was a major cause of death.
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Reducing Complications
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Antibiotics can reduce the risk of serious complications from bacterial infections.
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For instance, In the case of urinary tract infections (UTIs), untreated infections can lead to kidney damage or life-threatening conditions like sepsis. However, with prompt antibiotic treatment, the risk of complications is greatly reduced
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Supporting Medical Procedures
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Antibiotics are used prophylactically to prevent infections before certain medical procedures
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For example in surgery
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Concerning Aspects of Antibiotic Use
- Dysbiosis: The disruption of the microbiome, known as dysbiosis, can lead to severe health issues, including inflammatory bowel disease (IBD) and irritable bowel syndrome (IBS).
- Increased Infection Risk: Antibiotics can reduce colonization resistance, which is the microbiome’s ability to prevent pathogenic microorganisms from establishing infections. This reduction increases the risk of infections by harmful bacteria, such as Clostridioides difficile.
- Antimicrobial Resistance (AMR): Overuse of antibiotics contributes to the development of antimicrobial resistance, making it more challenging to treat infections. The global crisis of antibiotic resistance is exacerbated by the enrichment of antibiotic resistance genes within the gut microbiota due to antibiotic exposure.
- Long-term Health Consequences: Repeated antibiotic use can prevent full recovery of the microbiome, leading to chronic health issues. Research shows that children who receive multiple courses of antibiotics are at higher risk for developing conditions like IBD later in life.
- Impact on Other Organ Systems: Dysbiosis can affect various organ systems through gut-organ axes, influencing conditions such as mental health disorders (via the gut-brain axis), liver diseases (via the gut-liver axis), and skin conditions (via the gut-skin axis) due to altered immune responses and increased permeability.
Government initiatives:
- The Indian Council of Medical Research (ICMR) has initiated an antibiotic stewardship program (AMSP) on a pilot basis in 20 tertiary care hospitals across India to control the misuse and overuse of antibiotics in hospital wards and ICUs.
- ICMR collaborated with the Indian Council of Agriculture Research, Department of Animal Husbandry, Dairy and Fisheries, and the Drugs Controller General of India (DCGI) to ban the use of Colistin as a growth promoter in animal feed in poultry.
- The Government of India launched the National Action Plan on Antimicrobial Resistance (NAP-AMR) in April 2017, focusing on a One Health approach.
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Way forward:
- Antibiotic Stewardship Programs: Implement and promote antibiotic stewardship programs in healthcare settings to ensure antibiotics are prescribed only when necessary and with the appropriate dosage and duration.
- Probiotic Supplementation: Encourage the use of probiotics alongside antibiotic treatments to help maintain a healthy microbiome and mitigate the risks of dysbiosis and related health issues.
Mains PYQ:
Q Can overuse and free availability of antibiotics without Doctor’s prescription, be contributors to the emergence of drug-resistant diseases in India? What are the available mechanisms for monitoring and control? Critically discuss the various issues involved. (2014)
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Couse of CO2 emission and carbon sequestration;
Why in the News?
A new calculation suggests that climate models might be overestimating how long plants keep carbon before releasing it as per the recent study published in Science by an international research team.
Study by an International Team of Researchers:
- A recent study published in Science by an international research team suggests that plants absorb more CO2 from the atmosphere than previously thought but release it back into their surroundings sooner than expected.
- Researchers utilized climate models to analyze the impact of radiocarbon (carbon-14) from nuclear bomb tests on the carbon cycle. They tracked changes in radiocarbon levels in the atmosphere and how it was absorbed by plants during photosynthesis.
- The study estimates that plants store around 80 billion tonnes of carbon per year, primarily in leaves and finer roots, which is higher than previous estimates of 43-76 billion tonnes. This indicates that plants may be cycling carbon through the atmosphere and soil more rapidly than previously thought.
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Study from the Relics of the Cold War:
- The nuclear bomb tests conducted during the Cold War inadvertently provided scientists with valuable data for climate research.
- The tests released significant amounts of radiocarbon into the atmosphere, allowing researchers to study its movement and absorption by vegetation.
- The presence of radiocarbon in the atmosphere serves as a marker for understanding carbon dynamics.
- The study analyzed the radiocarbon levels before and after the 1963 Limited Test Ban Treaty, which halted atmospheric nuclear testing, providing insights into how carbon is cycled between the atmosphere and vegetation.
- The study highlights that many climate models have not incorporated radiocarbon data, which could lead to inaccuracies in predicting carbon cycling and its impact on climate change.
- Only one model, the Community Earth System Model 2, has accounted for radiocarbon, but it predicted lower absorption levels than the study found.
How the Whole System is Cycling Faster?
- Accelerated Carbon Exchange: The researchers concluded that the entire carbon cycle is operating faster than previously understood.
- This means that while plants absorb more CO2, they also release it back into the atmosphere more quickly, leading to a more dynamic and less stable carbon storage system.
- Implications for Climate Mitigation: The findings suggest that strategies relying on plant carbon sequestration to offset fossil fuel emissions may need to be reevaluated.
- If plants are releasing carbon sooner than expected, the potential for mitigating climate change through natural carbon sinks could be less effective than previously thought.
Way forward:
- Incorporate Radiocarbon Data: Integrate radiocarbon data into existing and future climate models to more accurately predict carbon cycling and the role of vegetation in carbon sequestration. This will lead to more reliable forecasts of climate change impacts and inform better policy decisions.
- Develop Dynamic Carbon Cycle Models: Improve models to account for the faster carbon cycling observed, ensuring they reflect the actual pace at which carbon is absorbed and released by plants. This will help in refining strategies for climate mitigation.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Census of India
Mains level: Significance of Calculating Census;
Why in the News?
Despite growing concerns, India’s decadal Census has been delayed by over three years. In fact, there is an overwhelming misconception among officials about substituting the Census with alternative ways and means of counting the population.
Significance of Calculating Census
- Comprehensive Population Data: The Census provides a detailed population count, which includes locational, familial, and individual information.
- For instance, the Census can reveal insights into population density, age distribution, educational attainment, and employment status.
- Foundation for Surveys and Indicators: The Census acts as a foundational frame for large-scale surveys like the National Family Health Survey (NFHS) and Periodic Labour Force Survey (PLFS).
- Support for SDG Monitoring: In the context of Sustainable Development Goals (SDGs), Census data is crucial for generating accurate indicators, particularly those requiring disaggregated data below the sub-national level.
- For instance, to monitor progress on goals related to poverty reduction, gender equality, and health, precise demographic data is necessary to identify disparities and target interventions effectively.
- Demographic Transition Insights: The Census is vital for capturing changes in population composition, familial structures, and occupational distribution, especially during periods of rapid demographic transition.
- Global Implications: Given India’s significant influence on global population trends, accurate Census data is crucial for global demographic studies and projections.
- For example Global Health Security Index and Multidimensional Poverty Indices.
Changes to understand before taking Census Count
- Population Dynamics: Since the last Census, significant changes in population count and composition must be understood, including shifts due to migration, fertility, and mortality rates.
- For example: In India, the average annual growth rate of the population has slowed from 2.2% in 1971 to 1.1% in 2021, with projections indicating further declines to 0.58% by 2036.
- Impact of COVID-19: The pandemic has had a profound impact on health, employment, and livelihoods, which need to be accurately captured in the Census.
- For example, The Indian government reported over 500,000 COVID-19 related deaths, which have affected overall mortality statistics and health indicators.
- Socio-economic Transformations: Changes in education, occupation, and employment patterns over the last decade are crucial to understanding current societal trends.
- For example, The literacy rate in India has improved significantly, rising from 64.8% in 2001 to 77.7% in 2011, with further increases expected.
- Infrastructure and Development Changes: The transformation in physical and digital infrastructure, as well as regional development patterns, must be considered to accurately reflect the current state of the nation.
- For example, the COVID-19 pandemic accelerated the adoption of digital technologies, with a reported increase in internet users from 560 million in 2019 to over 800 million in 2022. This digital transformation has reshaped how people work and access services.
Demand for Caste Census in India
- Political Motivations: The demand for a caste Census is largely driven by political interests, aiming to establish differential entitlements based on perceived representation and deprivation.
- For instance, leaders from the Indian National Developmental Inclusive Alliance (INDIA) have emphasized the need for a caste Census
- Historical Context: Caste auditing was part of earlier Census exercises but was discontinued for specific reasons.
- For example, Caste auditing was part of earlier Census exercises, with the British-era Censuses from 1881 to 1931 enumerating all castes. However, after independence, the Government of India decided not to enumerate castes in the 1951 Census, except for Scheduled Castes (SC) and Scheduled Tribes (ST).
- Assessment of Mobility: There is a lack of systematic assessment of social mobility in education and occupation across caste lines, despite decades of affirmative action. A caste Census could potentially address this gap but is viewed with skepticism.
- For instance, while reservations exist for OBCs and SCs, the actual impact on social mobility remains unclear due to insufficient data.
Way forward:
- Incorporation of Caste Data: Need to amend the Census Act of 1948 to mandate the enumeration of caste data alongside other demographic information. This would provide a legal framework for collecting comprehensive caste-wise data.
- Independent Studies and Pilot Surveys: The government should conduct independent studies at district and state levels to gather data on castes and sub-castes.
Mains PYQ:
Q Has caste lost its relevance in understanding the multi-cultural Indian Society? Elaborate your answer with illustrations. (2020)
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Challenges in the Himalayan region;
Why in the News?
The Teesta dam breach and Himachal floods highlight the urgent need to evaluate development projects based on their environmental impact, especially in fragile mountain regions.
What are the underlying issues in the cities of IHR?
- Inadequate Planning Models: Planning institutions in the IHR often use models from the plains, which are ill-suited to the region’s unique conditions, leading to ineffective implementation and failures.
- Human Resource Deficit: City governments in the IHR face a severe shortage of human resources, with staffing levels falling short by nearly 75%, hampering effective urban management.
- Uncontrolled Urban Expansion: Cities are expanding into village peripheries, encroaching on common lands and natural resources, as seen in Srinagar, where built-up areas increased by 75.58% from 2000 to 2020, while water bodies shrank by 25%.
- Environmental Strain: Urbanization, high-intensity tourism, and unsustainable infrastructure development are exacerbating environmental pressures in the IHR, further worsened by changing precipitation patterns and rising temperatures.
- Financial Constraints: The IHR cities lack the capacity to generate capital for infrastructure needs, highlighting the need for the Finance Commission to address urban financing in this region, given the high costs and absence of industrial corridors.
What can be done?
- Every town needs to be mapped, with layers identifying vulnerabilities from geological and hydrological perspectives. The planning process should involve locals and follow a bottom-up approach.
- Consultant-driven urban planning processes should be shelved for Himalayan towns, with the urban design based on climate resilience.
- Current intergovernmental transfers from the centre to urban local bodies constitute a mere 0.5% of GDP. This should be increased to at least 1% of GDP.
- Himalayan towns must engage in wider conversations about sustainability, with the focus on urban futures being through robust, eco-centric planning processes involving public participation.
Case Study
Nainital: Integrated Development Plan
- Nainital district in Uttarakhand implemented an Integrated Development Plan that aimed to balance urban growth with environmental conservation.
- The plan involved mapping vulnerable areas, restricting construction in ecologically sensitive zones, and promoting sustainable tourism practices.
- Community participation and awareness programs were also part of the initiative to ensure long-term sustainability.
Dharamshala: Green Building Norms
- The Dharamshala Municipal Corporation in Himachal Pradesh has adopted green building norms for new constructions, focusing on energy efficiency, water conservation, and waste management.
- The city has also invested in public transportation and pedestrian-friendly infrastructure to reduce vehicular emissions and promote sustainable mobility
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Mains PYQ:
Q How can the mountain ecosystem be restored from the negative impact of development initiatives and tourism? (UPSC IAS/2019)
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From UPSC perspective, the following things are important :
Prelims level: Prevention of Cruelty to Animals (PCA) Act, 1960, and the Animal Birth Control (ABC) Rules;
Mains level: Supreme Court judgement on stray dogs;
Why in the news?
The Supreme Court ended the 15-year-old (Animal Welfare Board of India & Anr Versus People for Elimination of Stray Troubles & Ors) AWBI vs. PEST case on July 12, after the final hearing on May 9, sparking mixed reactions.
The Prevention of Cruelty to Animals (PCA) Act, 1960, and the Animal Birth Control (ABC) Rules are:
- The PCA Act, 1960 was enacted by the Parliament of India to prevent the infliction of unnecessary pain or suffering on animals and to amend the laws relating to the prevention of cruelty to animals.
- The PCA Act, 1960 and ABC Rules, 2001 prohibit the killing of stray dogs and mandate sterilization as the only scientific and humane method of controlling stray dog populations.
- The new ABC Rules, 2023 notified under the PCA Act, 1960 also prohibit wanton killing of stray dogs by municipalities and require them to follow sterilization.
- The Act defines “animal” as any living creature other than a human being. It establishes the Animal Welfare Board of India to promote animal welfare.
- Chapter III of the Act lists different forms of cruelty to animals that are banned, including those related to work animals, captivity, ownership, abuse, mutilation or killing.
- Chapter IV deals with experiments on animals. While it does not make experiments unlawful for the advancement of knowledge, it allows the Board to advise the government to create a committee to control and supervise such experiments.
- Chapter V outlines restrictions, procedures and offences related to performing animals. The Central Government can prohibit any animal from exhibition or training through notification.
Note: In 2022, the Ministry of Fisheries, Animal Husbandry and Dairying submitted a draft Prevention of Cruelty to Animals (Amendment) Bill 2022 for public comment. The draft includes 61 amendments to further clarify the law and make punishments more stringent.
| The Supreme Court stated that the Central law (PCA Act 1960 and ABC Rules, 2023) which prohibits killing of stray dogs by local authorities remains the governing law of the land. |
What the Supreme Court said on the ‘Duty of every Citizen’:
- The Supreme Court capped off the judgment with the lines: “Compassion to all living beings, is the enshrined Constitutional value and mandate, and cast obligation on the authorities to maintain.”
- This refers to Article 51A(g) of the Constitution of India which states: “It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers, and wildlife and to have compassion for living creatures.”
- The court emphasized that Citizens should avoid unscientific and cruel methods like killing stray dogs and instead choose the scientific and humane method of sterilization.
Issues due to stray dogs in India:
- Population: India has an estimated 60 million stray dogs, making it the country with the highest number of stray dogs globally.
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- Rabies Incidence: India accounts for 36% of global rabies deaths and 65% of rabies deaths in the South-East Asia region.
- Between 2012 and 2022, the National Rabies Control Program reported 6,644 clinically suspected cases of rabies in humans.
- Dog Bite Cases: Reports indicate that major cities have seen alarming numbers of dog bite incidents. For example, Delhi’s Safdarjung Hospital and Ram Manohar Lohia Hospital recorded nearly 48,000 dog bite cases in just six months. In Kerala alone, there were over 1.9 lakh dog bite cases last year, with 21 deaths attributed to rabies.
Way forward:
- Enhanced Public Awareness and Education: Need to implement nationwide campaigns to educate the public on responsible pet ownership, the importance of sterilization, and the humane treatment of stray dogs.
- Strengthening Enforcement of Existing Laws: Need to ensure that municipalities and local authorities are adequately trained and funded to implement the ABC Rules effectively.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Prevention of Money Laundering Act, 2002 (PMLA);
Mains level: Review power of Supreme Court;
Why in the news?
The Supreme Court has postponed its review of the decision to uphold key provisions of the Prevention of Money Laundering Act, 2002 (PMLA) to August 28.
Prevention of Money Laundering Act, 2002 (PMLA)
- The Prevention of Money Laundering Act, 2002 (PMLA) is a crucial legislative framework in India aimed at combating money laundering and related financial crimes.
- The PMLA was enacted by the Parliament of India and came into force on July 1, 2005. It was introduced to prevent money laundering and provide for the confiscation of property derived from or involved in money laundering.
- The main objectives of the PMLA are:
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- To prevent and control money laundering.
- To confiscate and seize property obtained from laundered money.
- To address issues connected with money laundering in India.
What is the Case?
- On July 27, 2022, the Supreme Court upheld key provisions of the Prevention of Money Laundering Act, 2002 (PMLA) in the case of “Vijay Madanlal Choudhary v. Union of India”.
- The 540-page ruling accepted the government’s arguments on all challenged aspects, including reversing the presumption of innocence for bail, passing amendments as a Money Bill, and defining the Enforcement Directorate’s (ED) powers.
- On August 25, 2022, a different three-judge bench agreed to hear a review petition filed by Congress MP Karti Chidambaram. The petition raised concerns about at least two issues from the Madanlal decision.
What are the Grounds for Review?
- The Supreme Court’s verdict in Madanlal upheld stringent bail conditions for economic offences, imposing a reverse burden of proof on the accused.
- Petitioners argue that, without essential documents like an FIR, charge sheet, case diary, and prosecution documents, an accused cannot adequately present their case.
- The Madanlal verdict upheld Section 50 of the PMLA, allowing ED officials to record statements under oath, admissible in court. It distinguished ED officers from police officers, classifying their investigations as “inquiries.” Petitioners argue that the verdict overlooked provisions granting penal powers to the ED.
How is a Judgment Reviewed?
- The Supreme Court can review its judgments or orders under Article 137 of the Constitution.
- A review petition must be filed within 30 days of the judgment. Typically, review petitions are heard through written submissions (“circulation”) by the same judges who passed the original verdict, rather than in open court.
- Reviews are granted on narrow grounds to correct grave errors causing a miscarriage of justice. One common ground is “a mistake apparent on the face of the record,” which must be glaring and obvious, such as reliance on invalid case law.
Way forward:
- Enhanced Transparency and Documentation: To address concerns about the adequacy of case presentation by the accused, there should be a mandate for providing all essential documents such as FIRs, charge sheets, case diaries, and prosecution documents to ensure a fair trial process.
- Clarification of ED’s Powers and Procedures: Amendments to the PMLA should clearly define the scope and limits of the Enforcement Directorate’s powers, ensuring that ED officers are given appropriate procedural guidelines and oversight mechanisms to prevent misuse of penal powers and uphold due process.
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From UPSC perspective, the following things are important :
Mains level: Grid System in Vulnerable Areas;
Why in the news?
The Jammu region has faced severe security issues recently, exacerbated by troop redeployment to the LAC. To address this, around 3,500 additional troops and Special Forces were deployed.
Present Context of J&K
- Security Concerns: The Jammu region has seen a resurgence in terrorist activities, with security forces suffering significant losses. The situation has deteriorated, particularly following the redeployment of troops to the Line of Actual Control (LAC) after the Galwan incident in June 2020.
- Increased Military Presence: In response to the rising threats, additional troops, including Special Forces and Assam Rifles, have been inducted into the region to bolster counter-terrorism operations.
- Following the abrogation of Article 370 in 2019, there has been a strategic shift in militancy from Kashmir to Jammu, with militants adapting their tactics and increasing their operational activities in districts like Reasi, Rajouri, and Poonch.
Need to Establish the Grid System in Vulnerable Areas
- Establishing a counter-terrorism grid involves deploying military units strategically in vulnerable areas to dominate potential terrorist movements. This requires thorough threat assessments based on terrain, local population inclinations, and historical data.
- The grid system emphasizes the importance of winning the trust of the local population through community engagement, which is crucial for gathering intelligence on terrorist activities.
Challenges
- Integration of New Troops: Newly inducted troops face the challenge of quickly orienting themselves to the local terrain and population dynamics.
- Divided Local Population: The local population is divided into subsets that either support the state, support terrorists, or remain neutral.
- Gaining the support of the neutral majority is critical for the success of counter-terrorism efforts.
- Operational Control: Recent trends show a shift in operational control from battalion-level commanders to higher command levels, which can hinder effective and timely responses to emerging threats.
About Operation Dudhi
- Historical Context: Operation Dudhi, conducted in May 1991 by the 7 Assam Rifles, is remembered as a successful counter-terrorism operation in the Chowkibal area. It showcased the effectiveness of battalion-level command in conducting operations.
- Lessons Learned: The operation highlighted the importance of allowing commanding officers to maintain control over their units.
- Recent trends of centralizing control may undermine operational effectiveness and responsiveness.
- Need for Integrated Deployment: The success of future operations requires that newly inducted troops be deployed as integral units under existing command structures, rather than in a fragmented manner, to enhance operational coherence and effectiveness.
Way forward:
- Enhance Human Intelligence Networks: It is crucial to build robust human intelligence networks by integrating local informants and community members into counter-terrorism efforts.
- Integrated Deployment of Forces: Newly inducted troops should be strategically integrated with existing units to create a cohesive counter-terrorism grid. This approach will facilitate knowledge sharing and operational synergy, allowing new troops to quickly acclimatize to the local environment and build relationships with the community.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: What is Yen carry trade?
Mains level: Why is it unwinding right now?
Why in the news?
The global stock and bond markets, especially Japan’s, are experiencing turmoil due to the unwinding of the immensely popular yen carry trade.
What is Yen carry trade?
- The yen carry trade is a popular currency trading strategy that involves borrowing Japanese yen at low interest rates and using the funds to invest in higher-yielding assets denominated in other currencies, with the goal of profiting from the interest rate differential.
Why is it unwinding right now?
- Strengthening Yen: The Japanese yen has appreciated significantly, rising over 3% against the dollar after the Bank of Japan (BoJ) raised interest rates to 0.25% and announced a reduction in bond purchases. This strengthening of the yen diminishes the profitability of the carry trade, which relies on a weaker yen to remain viable.
- Interest Rate Changes: Expectations of imminent interest rate cuts by the U.S. Federal Reserve have contributed to the dollar’s weakness, further impacting the carry trade. As the interest rate differential narrows, the incentive to maintain yen carry positions decreases.
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How does it work?
- Mechanism: The yen carry trade involves borrowing yen at low interest rates and converting it into higher-yielding currencies. Investors use the borrowed yen to purchase assets in currencies that offer better returns, such as U.S. dollars or Australian dollars.
- Investors typically aim for annualized returns of around 5% to 6% on dollar-yen carry trades, which is the difference between U.S. and Japanese interest rates. The strategy can be lucrative as long as the yen does not appreciate significantly against the currencies in which the investments are made.
How did it begin?
- The yen carry trade can be traced back to 1999 when Japan lowered its policy rates to zero following an asset price bubble burst. This led Japanese investors to seek better returns in international markets, effectively turning Japan into the world’s largest creditor nation.
- The contemporary form of the carry trade gained prominence in 2013 under Prime Minister Shinzo Abe’s quantitative easing policies, coinciding with rising U.S. rates and a depreciating yen. This trend intensified in 2022 and 2023 as the Federal Reserve raised rates rapidly while the Bank of Japan maintained negative short-term rates.
How large Is It?
- The estimated size is about $350 billion in short-term external loans by Japanese banks attributed to yen-funded carry trades. However, this figure may not fully capture the extent of the trades, as it could include commercial transactions or loans to foreign businesses.
- The actual size of yen carry trades could be larger due to the leverage used by hedge funds and computer-driven funds.
Is it coming to an end?
- The Bank of Japan has recently started raising rates, which has led to a stronger yen. As a result, the yield gap between Japanese and other currencies has narrowed, diminishing the profitability of carry trades.
- The appreciation of the yen (by about 13% in a month) has prompted leveraged investors to unwind their positions, leading to a sell-off in global stock and bond markets. This unwinding is driven by the need to repay yen loans as the currency strengthens, causing further declines in asset prices internationally.
Conclusion: The yen carry trade is unwinding due to the strengthening yen and narrowing interest rate differentials. As the yen appreciates, profitability decreases, prompting investors to exit positions, leading to global market sell-offs. This trend signifies a shift in monetary policies and changing economic conditions affecting currency trading strategies.
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Note4Students
From UPSC perspective, the following things are important :
Mains level: US Democracy; Differences Between Democracy and Autocracy;
Why in the news?
Since WWII, U.S. foreign policy framed democracies vs. dictatorships, but this binary blurs with recent domestic political trends and shifting allegiances.
The binary between democracy and autocracy in the USA
Difference between Democracy and Autocracy
- Democracy is defined as a system of government where the population, typically through elected representatives, exercises power. It emphasizes freedom, constitutional governance, and the protection of fundamental rights.
- In contrast, autocracy is characterized by absolute power held by a single ruler, where the will of the ruler supersedes the rights and freedoms of individuals. Autocracies suppress dissent and limit political pluralism, often relying on force and coercion to maintain control.
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Current Political Climate
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- The political landscape in the U.S. has shifted towards a more autocratic style of governance, particularly among factions within the Republican Party. This shift is marked by a growing acceptance of strongman leadership, which seeks to undermine traditional democratic norms and institutions.
- Trump’s rhetoric and actions have often reflected a disdain for the checks and balances that are foundational to American democracy. His assertion of broad presidential powers and his attempts to consolidate authority signal a move away from democratic principles toward a more autocratic governance model.
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Implications of the Shift
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- This trend raises concerns about the future of democracy in the U.S. Supporters of Trump and similar populist leaders often view the federal government as an adversary, promoting a narrative that pits “the people” against a corrupt establishment.
What are the different phases of transformation?
- Rise of the Administrative State: The first phase was the rise of the administrative state under Theodore Roosevelt, Woodrow Wilson, Franklin Roosevelt, Lyndon Johnson and Richard Nixon.
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- This broadened the scope of government intervention and generated a complex bureaucracy to address social problems and welfare.
- Centralizing Executive Power: As the administrative state grew, presidents needed to bring it under their direct control. During the 1980 transition, Ronald Reagan’s team employed a large staff to centralize control over policy, budgeting, and appointments. This led to the centralized apparatus that now resides in the Executive Office of the President.
- In 2024, embracing autocratic tendencies: The populist faction of the Republican Party, concentrated among less educated, blue-collar, white, rural, and religious populations disadvantaged by globalization, embraces a strongman vision of leadership that operates beyond democratic norms.
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- Trump waged a campaign against norms and institutions of two-party politics, culminating in his efforts to overturn the 2020 election. The Supreme Court’s ruling granting Trump immunity from prosecution for official acts has significantly blurred the line between democracy and autocracy.
The present new normal
- Erosion of Democratic Norms and Institutions: Trump showed disdain for legal limitations on presidential power and waged a campaign against democratic norms and institutions. His attempts to overturn the 2020 election results despite losing to Biden exemplified this authoritarian tendency.
- Conservatism and Nationalism: Trumpism embraced conservative values like opposition to abortion, support for gun rights, and backing law enforcement.
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- Trump reshaped U.S. foreign policy to prioritize American interests over global cooperation and multilateralism.
Way forward:
- Strengthen Democratic Institutions: Need to reinforce checks and balances to prevent executive overreach, enhance judicial independence, and protect electoral integrity to ensure democratic principles are upheld.
- Promote Civic Education and Engagement: Need to educate citizens on democratic values, the importance of pluralism, and the dangers of autocracy to foster informed and active participation in the democratic process.
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From UPSC perspective, the following things are important :
Mains level: Implication of Military Coup on India Bangladesh relation
Why in the News?
India will require significant political and diplomatic acumen to navigate the fallout from Sheikh Hasina’s fall, which could destabilize and potentially reshape the geopolitics of the subcontinent.
Why Hasina’s fall was not a surprise?
- Long-standing Discontent: Widespread protests against Sheikh Hasina’s government had been brewing over issues like a controversial quota system for government jobs, indicating significant public discontent.
- Authoritarian Drift: Hasina’s government has been accused of suppressing opposition and civil society through measures like the Digital Security Act, which has been used to arrest critics and journalists.
- Historical Context: Since gaining independence in 1971, Bangladesh has experienced several military coups, political assassinations, and periods of military rule, including the killing of Hasina’s father, Mujibur Rahman, in 1975.
Five Challenges Beyond 1971
- Engagement with Opposition: Due to prevailing political uncertainity, India need to distance itself from Hasina and engage with her opponents to maintain credibility and influence in Bangladesh.
- Managing Regional Rivalries: India needs to prepare for potential exploitation of the situation by Pakistan and China, which may seek to influence the new government against Indian interests.
- Historical Narratives: India needs to navigate the complex historical narratives surrounding the 1971 liberation of Bangladesh, recognizing that many in Bangladesh do not share the same interpretation.
- Economic Stability: Ensuring economic stabilization in Bangladesh will be crucial, requiring collaboration with regional partners to prevent extremism and maintain stability.
- Recognition of Local Agency: India must acknowledge that Bangladesh has its own political dynamics and agency, which cannot be solely dictated by Indian interests or actions.
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What India must prepare for now? (Way forward)
- Diplomatic Strategy: India needs to develop a proactive diplomatic strategy to engage with the new government in Bangladesh while avoiding perceptions of interference.
- Security Concerns: India must be vigilant about border security and the potential resurgence of anti-India activities, especially if the new government leans towards Pakistan or China.
- Economic Engagement: Strengthening economic ties and leveraging people-to-people connections will be essential for maintaining a positive relationship with Bangladesh, regardless of political changes.
- Learning from Past Experiences: India should draw lessons from its past experiences with political transitions in the region, such as in Afghanistan, to navigate the current situation effectively.
- Collaborative Approach: Working with international partners, including the US and Gulf nations, will be important to address the challenges posed by the political shift in Bangladesh and to ensure regional stability.
Mains PYQ:
Q Critically examine the compulsions which prompted India to play a decisive role in the emergence of Bangladesh. (2013)
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From UPSC perspective, the following things are important :
Prelims level: Legislations in News;
Mains level: Concerning features of Anti-Conversion Law;
Why in the news?
The UP Assembly’s amendments to its regressive ‘Anti-conversion’ law appear aimed at facilitating misuse, with over 400 cases registered since the original 2021 law.
What is UP’s ‘Anti-conversion’ law?
- Uttar Pradesh’s “Anti-conversion” law, officially known as the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, prohibits religious conversion through unlawful means such as misrepresentation, force, undue influence, coercion, allurement, or fraudulent means.
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Why was the Original 2021 Anti-Conversion Law Amended by UP?
- Increased Stringency: The amendments aim to make the original law more stringent, responding to claims of rising cases of forced conversions and the alleged involvement of foreign and anti-national elements in demographic changes.
- Response to Public Discontent: The government cited the need to enhance penalties and legal measures to prevent unlawful conversions, particularly concerning vulnerable groups such as minors and women.
- Legitimacy of Complaints: The amendment allows third parties to file complaints about alleged unlawful conversions, expanding the scope of the law and potentially increasing its application against inter-faith marriages.
What are Its concerning features?
- Harsh Penalties: The amended law introduces severe penalties, including imprisonment of up to 20 years or life for targeting minors, women, or certain communities through coercion or force.
- Bail Conditions: The law imposes stringent bail conditions that make it difficult for accused individuals to secure bail, requiring public prosecutor consent and a presumption of guilt.
- Third-Party Complaints: The provision allowing anyone to file complaints against alleged conversions opens the door for misuse by communal organizations and individuals with vested interests, potentially targeting inter-faith couples.
What does it state about bail conditions and ‘foreign funding’?
- Bail conditions: The amended law states that an accused individual cannot be granted bail unless the public prosecutor has the opportunity to oppose it, and there is reason to believe the accused is not guilty and unlikely to repeat the offence.
- Foreign funding: The law prescribes stiff penalties for receiving funds from foreign organizations for unlawful conversion, with fines and imprisonment aimed at deterring financial support for conversion activities.
How is it different from other states?
- Comparison with Other States: While several states like Odisha and Madhya Pradesh have anti-conversion laws, Uttar Pradesh’s amendments are notably harsher, including provisions for life imprisonment, which are not present in other states.
- Bail and Proof Burden: Other states may not impose such severe bail conditions or the reverse burden of proof required in Uttar Pradesh, making it easier for accused individuals in those states to secure bail.
- Scope of Complaints: In many states, only aggrieved individuals or their close relatives can file complaints, whereas Uttar Pradesh’s amendments allow for broader third-party complaints, increasing the potential for misuse.
Way forward:
- Promote Awareness of Rights: Implement comprehensive public awareness campaigns to educate citizens about their legal rights concerning religious conversion and inter-faith marriages.
- Legal and Constitutional Review: Stakeholders, including civil society organizations and legal experts, should actively pursue legal challenges against the amended law in the Supreme Court of India.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NSSO
Mains level: Key highlights of NSSO Report;
Why in the news?
The National Sample Survey Office has released the Household Consumption Expenditure Survey (HCES) report for 2022-23, along with public access to unit-level data on household expenditures.
What does the recent NSSO Report tell us?
- The report utilizes various definitions of poverty established by past committees, with the poverty line (PL) being anchored to calorie norms of 2,400 kcal for rural and 2,100 kcal for urban areas as per the Lakdawala Committee. The Rangarajan Committee’s approach considers broader normative levels, including non-food expenses.
- The average per capita calorie requirement (PCCR) is estimated at 2,172 kcal for rural and 2,135 kcal for urban populations. The report highlights that the average per capita calorie intake (PCCI) for the poorest segments falls significantly below these requirements, indicating nutritional deficiencies.
- The total monthly per capita consumption expenditure (MPCE) thresholds are set at ₹2,197 for rural and ₹3,077 for urban areas, with proportions of the population identified as ‘poor’ being 17.1% in rural and 14% in urban contexts. If non-food expenditures for the poorest 10% are considered, these thresholds rise, increasing the proportion of the deprived.
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Approach for measurement is the Issue:
- Defining Poverty: The report defines the poor based on MPCE, which is linked to the ability to purchase essential food and non-food items.
- The reliance on MPCE does not adequately address nutritional needs. While the poverty line is linked to the ability to purchase food and non-food items.
- Caloric Requirement Calculation: The PCCR is derived from the ICMR-National Institute of Nutrition’s latest recommendations, weighted by the population distribution across age-sex-activity categories.
- The ICMR-National Institute of Nutrition’s (ICMR-NIN) recommendations for caloric requirements in India are derived from the Recommended Dietary Allowances (RDA) for Indians.
- The RDA does not adequately account for regional and cultural differences in dietary habits and food availability.
- Fractile Class Analysis: Households are categorized into 20 fractile classes based on MPCE, allowing for the calculation of average PCCI and MPCE for each class.
- Each fractile class represents 5% of the population, allowing for a detailed understanding of expenditure distribution and nutritional intake variations within the population
- MPCE reflects consumption patterns but does not capture the full spectrum of economic well-being or deprivation.
- State-Specific Adjustments: The all-India thresholds are adjusted for regional price differences to derive state-specific MPCE thresholds.
- The methodology for deriving state-specific MPCE thresholds relies on regional price indexes, which can vary significantly in their construction and accuracy.
Recommendations for Improving Nutritional Levels (Way Forward)
- Nutritional Schemes: Govt. needs to develop and expand schemes specifically aimed at improving the nutritional intake of the poorest households.
- Awareness and Education: Govt. should increase awareness about nutrition and healthy eating practices among low-income households.
- Subsidized Food Programs: Need to enhance access to subsidised food items to ensure that households can meet their caloric and nutritional needs.
- Monitoring and evaluation: Govt. should establish robust mechanisms to monitor the effectiveness of nutritional interventions and adjust strategies as necessary.
Conclusion: The NSSO HCES 2022-23 report reveals significant nutritional deficiencies among the poorest. To align with SDG goals, expanding targeted nutritional schemes, subsidized food programs, and robust monitoring is essential.
Mains PYQ:
Q How far do you agree with the view that the focus on the lack of availability of food as the main cause of hunger takes the attention away from ineffective human development policies in India? (2013)
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From UPSC perspective, the following things are important :
Prelims level: Waqf Amendment Bill 2024; Waqf Act of 1995;
Mains level: Waqf Amendment Bill 2024; Waqf Act of 1995;
Why in the News?
The government has introduced the Waqf Act Amendment Bill 2024, in order to improve administration and management of the Waqf properties.
Aim: To address existing issues in the management and administration of Waqf properties, ensuring better transparency and efficiency.
- It also seeks to improve the legal framework governing Waqf boards and their operations across India.
Background:
- The Waqf Board Amendment Bill 2024 proposes changes to the Waqf Act of 1995.
- The Waqf Board Act, initially enacted in 1995, is a legal framework governing the administration of Waqf properties in India.
- Waqf refers to the endowment of property for religious or charitable purposes, and the act outlines the structure, functions, and powers of Waqf boards responsible for managing these properties.
- The Central Waqf Council is a statutory body that advises and oversees the functioning of state-level Waqf Boards in India, established under the Waqf Act.
- Wakf board’s income is exempt from Income Tax but revenue generated from leasing of properties can be taxed under the service tax and GST laws.
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Features of the Proposed Bill:
- Waqf Board will mandatorily have two Non-Muslim members.
- District magistrates may be involved in overseeing waqf properties to ensure proper management. The survey is to be carried out by the district collector, not by Waqf.
- Properties are to be registered through a Centralized Portal for better scrutiny. Properties already claimed by boards will undergo new verification processes to resolve disputes and prevent misuse.
- Waqf will lose the right to decide whether any property is a Waqf Asset or not.
Present Composition of Waqf Board
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| Chairperson |
Leads the Board |
| State government nominees |
Representatives appointed by the state. (The Waqf Board operates under the supervision of the state government as per the provision of the Wakf Act 1995). |
| Legislators and parliamentarians |
State representatives from the Muslim community |
| State Bar Council members |
Muslim Legal experts providing guidance |
| Mutawalis |
Managers of waqf with an annual income of Rs 1 lakh and above |
| Islamic scholars |
Religious experts contributing to decision-making |
Significance of the Waqf Board Amendment Bill 2024:
The bill seeks to bring about significant administrative reforms and ensure more inclusive and efficient management of Waqf assets. Here are some of the significances of the Waqf Board Amendment Bill 2024:
- Enhanced Transparency: The bill includes provisions to digitize records and create a centralized database. This will make it easier to track and manage Waqf properties, reducing the potential for fraud and mismanagement.
- Improved Governance: Administrative reforms proposed in the bill by the government will lead to more professional and efficient management of Waqf properties. This could result in better utilization of these resources for charitable and religious purposes.
- Protection of Waqf Properties: The bill aims to protect Waqf properties by regulating leasing and preventing encroachments. Unauthorized use and exploitation of these properties will be prevented, ensuring they are used for their intended religious and charitable purposes.
- Inclusion and Representation: Including Muslim women and non-Muslims in Waqf Boards is a step toward more inclusive governance, ensuring diverse perspectives in decision-making.
- Efficient Dispute Resolution: The new dispute resolution mechanism will help in resolving conflicts related to Waqf properties more effectively, reducing the burden on regular courts and ensuring quicker justice.
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From UPSC perspective, the following things are important :
Prelims level: Ethanol production in India,
Mains level: Challenges to ethanol production,
Why in the News?
The Finance Ministry has reversed the proposed post-Budget customs duty hike on imported laboratory chemicals following an outcry from scientists.
What are the different kinds of chemicals which are imported into the country?
- Inorganic Chemicals: This category includes substances like ammonia, phosphoric acid, and sulfuric acid, which are essential for various industrial applications.
- Organic Chemicals: Key imports in this category are methanol, acetic acid, and phenol, which are used in the production of plastics, solvents, and pharmaceuticals.
- Petrochemicals: Significant imports include polyethene, polypropylene, and styrene, which are crucial for manufacturing plastics and synthetic materials.
- Speciality Chemicals: Chemicals such as ethyl vinyl acetate and maleic anhydride are imported for specific applications in industries like adhesives and coatings.
- Agrochemicals: This includes various pesticides and herbicides, which are vital for agricultural productivity and crop protection.
How important are these chemicals for scientific research?
- Foundation for Experimental Work: Laboratory chemicals are essential for conducting experiments in various scientific fields, enabling researchers to test hypotheses and validate results.
- Facilitate Innovation: These chemicals allow for the development of new products and technologies, driving advancements in industries such as pharmaceuticals, biotechnology, and materials science.
- Support Medical Diagnostics: Laboratory chemicals play a crucial role in medical testing and diagnostics, aiding in disease detection and treatment monitoring, which is vital for public health.
What was the issue?
- Steep Duty Increase: The hike in customs duty on laboratory chemicals alarmed the scientific community, with prices of essential chemicals projected to rise dramatically, such as a batch that typically costs ₹1,00,000 now estimated at ₹2,50,000.
- Impact on Research: Researchers expressed concerns that the increased costs would hinder scientific research and experimentation, as many essential chemicals are imported and the hike could disrupt ongoing projects.
Is Ethanol also imported into the country?
- Import Volume: India imported approximately 635 million liters of ethanol in 2022, primarily for use as fuel and in industrial applications.
- Types of Ethanol: There are two main types of ethanol relevant to India:
- Denatured Ethanol: This type is mixed with additives to make it unfit for consumption and is primarily used in laboratories and industrial applications. India has reduced the import tariff on denatured ethanol to encourage its use in manufacturing.
- Undenatured Ethanol: This type incurs a higher import tariff of 150% and is generally used for beverage production.
- Domestic Production Challenges: Although India has a significant capacity for ethanol production, it often faces challenges such as insufficient molasses supply. The government has set ambitious goals for ethanol blending in gasoline, aiming for a 20% blend by 2025.
How was the issue resolved?
- The Finance Ministry clarified that all imported laboratory chemicals, except undenatured ethyl alcohol, will be taxed at the original 10% customs duty rate instead of the proposed 150% hike.
- The customs department had initially hiked the duty to 150% to curb the import of undenatured ethyl alcohol that was being mis-declared as laboratory chemicals to avoid the higher 150% duty on undenatured ethanol.
Way forward:
- Strengthen Local Production of Niche Chemicals: Need to invest in domestic manufacturing capabilities for niche and specialty chemicals to reduce dependency on imports, enhance self-sufficiency, and lower costs for research institutions.
- Facilitate Smooth Import Processes: Govt. should streamline import regulations for essential laboratory chemicals, ensuring clear guidelines and minimal delays, while maintaining necessary checks to prevent misclassification and misuse.
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From UPSC perspective, the following things are important :
Prelims level: Clean energy
Mains level: Govt. initiative related to clean energy
Why in the News?
In her seventh consecutive Budget address, the Finance Minister unveiled initiatives demonstrating India’s dedication to advancing its clean energy transition.
Recent Observations
- In a seventh consecutive Budget speech, the Finance Minister announced measures indicating India’s commitment to its clean energy transition, including developing policies on pumped hydro storage, energy transition pathways to support nuclear energy, and energy efficiency.
- The memories of this summer’s record-breaking heatwaves, which drove up power demand, reflect both a growing economy and a warming climate.
- India has achieved 3 key milestones in the last decade:
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- Near-universal electrification through the Saubhagya scheme;
- Five-fold increase in installed renewable energy capacity making India the fourth-largest country globally, and
- 40% drop in aggregate losses of power distribution companies.
- India’s annual electricity demand has been growing by 7-9% every year since the COVID-19 pandemic, with peak demand rising even faster. Climate change-induced weather extremes further exacerbate these challenges.
- In 2023 alone, China added 300 GW of solar and wind capacity, while the European Union added 73 GW. As of March, India’s cumulative renewable capacity stood at 144 GW, with another 128 GW in the pipeline
Investing in a cleaner, flexible, and resilient power grid will help our economy grow sustainably and create jobs in the clean energy sectors
- Infrastructure Development: The government has allocated significant resources for infrastructure development, recognizing that a robust energy grid is crucial for economic growth.
- Renewable Energy Capacity Goals: India aims to achieve 500 GW of renewable energy capacity by 2030. This goal is part of a broader strategy to increase the share of renewables in the energy mix, which currently stands at only 13%.
- Job Creation: Investments in clean energy infrastructure are expected to create numerous jobs.
- Diverse Clean Energy Resources: The Budget encourages the faster deployment of various clean energy resources, including solar and wind, to meet rising energy demands.
- Energy Storage Solutions: The emphasis on developing pumped energy storage systems and battery storage solutions is crucial for addressing the intermittency of renewable energy sources, enhancing grid flexibility and reliability.
- Taxonomy for Climate Finance: The introduction of a taxonomy to identify green activities aims to attract climate finance, facilitating investments in clean energy projects and supporting the transition to a sustainable energy economy.
Way forward:
- Accelerate Renewable Energy Deployment: Need to expedite the deployment of solar, wind, and other renewable energy projects to meet the 500 GW target by 2030.
- Enhance Energy Storage and Grid Resilience: Need to develop robust energy storage solutions, such as pumped hydro and battery storage, to address renewable energy intermittency.
Mains PYQ:
Q Clean energy is the order of the day.’ Describe briefly India’s changing policy towards climate change in various international fora in the context of geopolitics. (2022)
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From UPSC perspective, the following things are important :
Prelims level: Gender-based laws
Mains level: Weak implementation of gender-based law
Why in the News?
India’s election had 642 million voters, mostly women, but few candidates focused on women’s safety, failing to address the pervasive institutional violence that millions of survivors endure daily.
Gender-based Violence: Prolonged and Institutional
- Judicial and Police Challenges: A significant barrier to justice is the perception among police officers that complaints of gender-based violence are often baseless as per the report published in 2019 by J-PAL, a global policy think tank.
- Survivors frequently encounter a judicial process that is lengthy and traumatizing, which perpetuates a cycle of violence and silence.
- Silence Among Survivors: Many women endure violence in silence due to societal stigma and fear of further victimization.
- National Crime Records Bureau reported 405,861 cases of crimes against women in 2021, including 32,033 cases of rape. However, these figures are believed to represent only a fraction of the actual incidents due to underreporting driven by societal stigma and fear of retaliation
Problems in Rural India
- Caste and Gender Dynamics: In rural areas, the dominance of male and upper-caste individuals in local governance (panchayats) creates additional barriers for women seeking justice.
- The socio-cultural norms often discourage women from reporting violence, as divorce and legal recourse are rarely options available to them.
- Access to Justice: The backlog of court cases (estimated at 40 million) disproportionately affects survivors from marginalized communities, making it even more difficult for them to seek redress.
Strong laws:
- The Dowry Prohibition Act 1961: Made giving and receiving dowry a crime
- The Criminal Law (Amendment) Act 2013: Introduced new offences like stalking, voyeurism, and acid attacks
- The Protection of Women from Domestic Violence Act 2005: Defines domestic violence and provides legal recourse for survivors.
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Issue of Weak Implementation of Law:
- Ineffective Enforcement: Despite having strong laws, the enforcement is often inadequate. For example, there are approximately 40 million pending court cases in India, leading to significant delays in justice.
- Corruption and Indifference: Corruption within law enforcement and the judiciary hampers the implementation of laws. Police officials may exhibit insensitivity towards marginalized communities, leading to a lack of trust in the system.
- Administrative Fragmentation: The structure of local governance, particularly through panchayats, is often disempowered and fragmented. This limits their capacity to address local issues effectively, as they lack the necessary funds and authority to implement programs that meet community needs.
- Lack of Coordination: Multiple departmental organizations operate separately, leading to a lack of coordinated action.
- For instance, local officials may be unable to address pressing community issues due to rigid departmental mandates that do not align with the actual needs of the population.
- Inadequate Resources and Training: Many implementing organizations suffer from inadequate staffing and lack of expertise.
- For example, while there may be a sufficient number of government personnel, they often lack the necessary training and resources to execute their duties effectively.
- Cultural and Societal Barriers: Societal attitudes and stigma surrounding issues like gender-based violence can lead to underreporting and a reluctance to seek help.
Way forward:
- Enhance Law Enforcement Training: Need to implement comprehensive training programs for police and judicial personnel focused on gender sensitivity, trauma-informed responses, and the legal rights of survivors.
- Empower Local Communities: Engage community leaders and organizations to create support networks for survivors of gender-based violence. This can include establishing helplines, counseling services, and safe spaces for women to seek help without fear of stigma or retaliation.
Mains PYQ:
Q Women empowerment in India needs gender budgeting. What are the requirements and status of gender budgeting in the Indian context? (2016)
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From UPSC perspective, the following things are important :
Prelims level: How much of India consumes liquor?
Mains level: Impact of liquor consumption over society
Why in the News?
Delhi, Karnataka, Haryana, Punjab, Tamil Nadu, Goa, and Kerala are considering or have considered allowing doorstep delivery of alcohol through platforms such as Swiggy, BigBasket, and Zomato.
Arguments in favour of Online Delivery of Alcohol:
- Revenue Generation: Excise taxes on alcohol sales can help generate significant revenue for Central and State governments.
- Reduce Drunk-Driving Incidents: Doorstep delivery can potentially reduce drunk-driving incidents and prevent road traffic crashes and injuries.
- Access and Safety for Women: Doorstep delivery may reduce on-premise violence against women and allow women to access alcohol without facing social stigma.
Arguments against Online Delivery of Alcohol:
- Economic Costs vs. Benefits: The costs due to alcohol use often exceed the economic benefits from alcohol sales.
- Increased Consumption and Binge Drinking: The availability of alcohol on-demand can increase consumption, promote binge drinking, and lead to alcohol-related harms.
- Public Health Concerns: Alcohol is associated with various health risks including cancers, mental illnesses, liver disease, and increased risk of inter-partner violence.
Consumption of Liquor in India:
- India is the sixth-largest alcohol market worldwide with $52 billion in revenue.
- Per capita alcohol consumption has increased from 1.6 litres in 2003-2005 to 5.5 litres in 2016-2018.
- According to a 2019 survey, there were about 16 crore alcohol users in India in 2018.
- Of these, 5.7 crore frequently consumed alcohol leading to social or interpersonal problems, and 2.9 crore were dependent users requiring therapeutic intervention.
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Can such a system make it safer for women to access alcohol?
- Doorstep delivery may help women access alcohol without dealing with social stigma.
- There is some evidence that it could reduce on-premise violence against women, as seen in Kerala. However, domestic violence related to alcohol use is rampant, and the overall safety of women cannot be presumed.
How should governments regulate liquor consumption? (Way forward)
- Restrict Availability and Marketing: Implement policies to limit the availability and marketing of alcohol.
- Higher Taxes: Increase taxes on alcohol to deter consumption and generate revenue.
- Enforce Drunk-Driving Laws: Strengthen the enforcement of drunk-driving laws with stringent penalties.
- Invest in Treatment Programs: Allocate funds for psychosocial treatments of alcohol-use disorders and mental health initiatives.
- Monitor and Evaluate Impact: Governments should work with health departments to monitor and evaluate the impact of doorstep delivery on alcohol consumption and revise policies if necessary.
- Uniform Policy Standards: Develop more uniform policy standards and ensure better implementation grounded in public health priorities over revenue generation.
Mains question for practice:
Q Analyze the trends in alcohol consumption in India over the past two decades. How has this trend impacted public health and social dynamics? 10M
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