Note4Students
From UPSC perspective, the following things are important :
Prelims level: Read the attached story
Mains level: Reforestation measures for India
Central Idea
- India’s extensive history of tree planting spanning over two centuries offers valuable lessons on the consequences of various approaches to restoring forests.
Plantations in Colonial-Era India
- British Influence: From the mid-18th century, the East India Company and later, the British Crown, held sway over India’s affairs. During this period, British authorities directed their attention to India’s forests to meet their substantial timber needs for railway sleepers and shipbuilding.
- Indian Forest Act of 1865: To secure a steady supply of high-yield timber trees like teak, sal, and deodar, the British enacted the Indian Forest Act of 1865. This act placed many forests under state ownership and curtailed local communities’ rights to harvest beyond grass and bamboo, even restricting cattle grazing. In response, some Indian communities resorted to burning down forests.
- Proliferation of Teak Monocultures: Teak, well-suited to India’s hot and humid climate and prized for its durable timber, spread aggressively. This led to the transformation of pristine grasslands and open scrub forests into teak monocultures, displacing native hardwood trees like sal.
- Introduction of Exotic Trees: Exotic species like eucalyptus, pines from Europe and North America, and acacia trees from Australia were introduced for timber, fodder, and fuel. The introduction of wattle in 1861 in the Nilgiris district of the Western Ghats marked the beginning of its invasion of this ecologically significant region.
- Ecosystem Transformations: These introduced species, especially wattle and pine, began to displace native vegetation, impacting the ecology and livelihoods of local communities. The loss of native oak and sal trees, essential for various purposes, further exacerbated these challenges.
Importance of Studying Past Tree Plantation Efforts
- Regeneration Strategies: Historical strategies for natural forest regeneration have reduced carbon emissions, boosted biodiversity, and created livelihood opportunities.
- Global Tree Cover Initiatives: Past efforts also highlight the need to differentiate between reforestation for timber production and carbon offsetting. The latter often involves planting fast-growing trees to generate timber and certify carbon credits for emission offsets.
- Sustainable Practices: Planting trees on farms and barren lands to provide firewood and timber eased the pressure on natural forests and aided their recovery.
- Unintended Consequences: The introduction of exotic species without thorough research can lead to invasive species and dispossess local communities of their land and resources.
Current Restoration Efforts in India
- Indian Commitment: India has pledged to restore around 21 million hectares of forest by 2030 under the Bonn Challenge, a global initiative aiming to restore degraded and deforested landscapes.
- Focus on Single Species Plantations: To achieve the National Forest Policy target of a 33% forest cover, India has focused on planting single species like eucalyptus or bamboo, which grow quickly and increase tree cover.
Impact on People and Environment
- Concerns for Indigenous People: Afforestation in grassland ecosystems, naturally low in tree cover, may harm rural and indigenous communities. The Forest Rights Act of 2006 empowers village assemblies to manage traditional forest areas.
- Risk of Invasive Species: The continued planting of exotic trees risks the emergence of new invasive species, similar to the wattle invasion two centuries ago.
Case Studies
- Community-Led Restoration: Gram Sabhas in the Gadchiroli district of Maharashtra have restored degraded forests, managing them sustainably as a source of tendu leaves used to wrap bidis (Indian tobacco).
- Invasive Species Control: Communities in Kachchh, Gujarat, restored grasslands by removing the invasive Gando Bawal tree introduced by British foresters in the late 19th century.
Future Considerations
- Holistic Approach: Policies should encourage both natural forest regeneration and plantations for timber and fuel while assessing their impact on people and ecosystems.
- Local Implications: Assess the impact of afforestation on forest rights, local livelihoods, biodiversity, and carbon storage. Scale up successful restoration practices by communities.
- Reviving Ecosystems: Policymakers should prioritize the revival of ecosystems with a limited number of tree species, emphasizing environmental benefits over forest canopy extent.
Conclusion
- India’s historical journey in tree planting offers valuable insights into the complexities and consequences of reforestation efforts.
- By learning from the past, India can develop more sustainable and inclusive strategies for restoring its forests, addressing the needs of both the environment and its diverse communities.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Ecocide
Mains level: Read the attached story
Central Idea
- Mexico’s ‘Maya train’ project has generated controversy due to its scale and environmental impact.
- The project aims to connect tourists to historic Maya sites across a 1,525 km route, with a cost of $20 billion.
- Critics have dubbed it a “megaproject of death” for its threats to the Yucatan peninsula’s environment, Indigenous communities, and cave systems, leading to accusations of ecocide and ethnocide.
Understanding Ecocide
- Ecocide, derived from Greek and Latin, means “killing one’s home” or “environment.”
- It encompasses actions like port expansions damaging marine life, deforestation, illegal sand-mining, and polluting rivers.
- Several countries, including Mexico, are considering ecocide legislation, with calls to elevate it to an international crime akin to genocide.
- There is no universally accepted legal definition of ecocide.
- A proposed definition states it as “unlawful or wanton acts committed with knowledge of causing substantial, severe, and either widespread or long-term environmental damage.
Historical Context
- Biologist Arthur Galston in 1970 linked environmental destruction with genocide during the Vietnam War’s Agent Orange use.
- British lawyer Polly Higgins advocated for ecocide as an international crime in 2010.
- The Rome Statute of the ICC deals with four major crimes but only holds perpetrators accountable for intentional wartime environmental damage.
Importance of Ecocide as a Crime
- Ecocide is a crime in 11 countries, with 27 others considering similar laws.
- The European Parliament voted unanimously to include ecocide in law.
- Ecocide laws provide a crucial legal instrument to protect the environment.
- They can hold individuals in corporate leadership accountable and promote ethical investment practices.
- These laws could offer justice to low- and middle-income countries disproportionately affected by climate change.
Limitations and Concerns
- Some argue that ecocide definitions are ambiguous, setting a low threshold for implicating entities.
- The concept might unintentionally suggest it’s acceptable to destroy the environment for human benefit.
- Proving ecocide may be challenging, especially for transnational crimes involving corporations.
- The ICC’s limited jurisdiction, inability to hold corporate entities liable, and uneven track record in securing convictions are concerns.
India’s Stance
- India has recognized the legal personhood of nature in some judgments.
- Some Indian judgments have used the term ‘ecocide,’ but it hasn’t fully materialized in law.
- India’s legislative framework includes various environmental laws, which need consolidation and streamlining.
- The National Green Tribunal lacks jurisdiction over certain critical environmental matters.
- Addressing issues of liability and compensation remains a challenge, as seen in cases like the Bhopal gas disaster and CAMPA fund misuse.
- India should align its environmental laws with the concept of ecocide.
Conclusion
- Ecocide laws are crucial for protecting the environment and holding perpetrators accountable.
- However, challenges in defining, proving, and enforcing ecocide must be addressed.
- India needs to update its environmental laws to incorporate ecocide principles, promoting a more comprehensive approach to environmental protection.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: SCO
Mains level: Read the attached story
Central Idea
- The upcoming virtual summit of the Shanghai Cooperation Organisation (SCO) hosted by Prime Minister Narendra Modi, holds significant importance in the current geopolitical context.
- Ashok Sajjanhar, a former Indian Foreign Service (IFS) officer and ambassador to several countries, shares his insights on the event and its potential outcomes.
What is SCO?
- SCO is an international organization founded in 2001.
- It is primarily focused on promoting cooperation and regional stability among its member states.
- The SCO originated from the Shanghai Five mechanism, which was established in 1996 to resolve border disputes and promote mutual trust among China, Russia, Kazakhstan, Kyrgyzstan, and Tajikistan.
- Uzbekistan joined the organization in 2001, leading to its formation as the SCO.
| Member States |
China, Russia, Kazakhstan, Kyrgyzstan, Tajikistan, Uzbekistan, India, Pakistan |
| Objectives |
Promote regional security, stability, economic cooperation |
| Cooperation Areas |
Political, security, economic, cultural |
| Security Cooperation |
Joint military exercises, counter-terrorism operations, intelligence sharing |
| Economic Cooperation |
Trade facilitation, investment, infrastructure development |
| Key Bodies |
SCO Summit, SCO Business Council, Interbank Consortium of the SCO |
| Regional Anti-Terrorist Structure (RATS) |
Coordination of anti-terrorism efforts |
| Dialogue Partners |
Afghanistan, Belarus, Iran, Mongolia, among others |
| Observer States |
Armenia, Azerbaijan, Cambodia, Nepal, among others |
| Outreach and Engagement |
United Nations, ASEAN, CIS, and other regional/international organizations |
Significance of the Meeting during the Russia-Ukraine War
- Major participants: The summit is expected to see the participation of key leaders such as Russian President Vladimir Putin, Chinese President Xi Jinping, and Pakistan PM Shehbaz Sharif.
- Declining Influence of Russia: The meeting provides an opportunity for President Putin to gauge the declining influence and relevance of Russia, particularly in the Central Asian countries.
- Message for Resolution: The decreased importance of Russia’s role in the region may convey the need for a prompt resolution to the ongoing Russia-Ukraine conflict.
India’s Strategic Autonomy and Self-Assuredness
- Successful India-US Relations: Prime Minister Modi’s recent successful visit to the United States highlights the growth of India-US relations.
- India’s Role in SCO: India’s participation in the SCO while maintaining strong relations with the United States underscores its strategic autonomy and self-assuredness.
Impact of PM Modi’s Statement to Mr. Putin
- Asserting India’s Voice: PM Modi’s statement, “this is not the era of war,” showcased India’s capacity to communicate with President Putin.
- Influencing Diplomatic Outcomes: The statement helped in securing the Bali G20 summit declaration and demonstrated India’s voice as a mediator between Russia and the West.
Implications for India-China Relations
- Unlikely Impact on Border Standoff: The virtual summit is unlikely to have any immediate impact on the India-China border standoff.
- Ongoing Talks and Stalemate: Multiple rounds of talks between India and China have taken place, but there has been limited progress in de-escalation and disengagement at key points.
- Snub to Pakistan: India’s strong stance on cross-border terrorism, as demonstrated in the past, is likely to be reiterated during the discussions.
India’s Opportunities at SCO
- Central Asian outreach: India has historical and cultural ties with Central Asian countries and aims to expand partnerships in the region.
- Neglected Engagement: Post-Soviet independence, India’s engagement with these countries was hindered by its lack of direct access through Pakistan’s territory.
- SCO as a Platform: India’s SCO membership allows for interaction at various levels and offers opportunities to strengthen ties with Central Asian countries.
Conclusion
- The SCO virtual summit presents a significant opportunity for India to engage with key regional players and enhance its profile and stature in Central Asia.
- The summit’s outcomes, including the adoption of documents on various issues, will contribute to advancing India’s interests, strengthening trade ties, and promoting investments in the region.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: International Seabed Authority (ISA) , UNCLOS
Mains level: Deep Sea Mining
Central Idea
- The International Seabed Authority (ISA) is preparing to resume negotiations on deep sea mining, a process that involves extracting mineral deposits and metals from the ocean’s seabed.
- These negotiations have raised concerns over potential impacts on marine ecosystems and habitats, highlighting the need for regulations and environmental safeguards.
About International Seabed Authority
- ISA is a Jamaica-based organization established under the United Nations Convention on the Law of the Sea.
- The authority holds jurisdiction over the ocean floors outside of the Exclusive Economic Zones of its 167 member states.
|
What is Deep Sea Mining?
- Deep sea mining is a process that involves extracting mineral deposits and metals from the seabed.
- These deposits are rich in materials such as nickel, rare earths, and cobalt, which are crucial for renewable energy technologies and everyday devices like cellphones and computers.
- Types of such Mining include-
- Polymetallic Nodule Collection: Harvesting deposit-rich nodules from the ocean floor.
- Seafloor Sulphide Mining: Extracting minerals from massive seafloor sulphide deposits.
- Cobalt Crust Stripping: Removing cobalt crusts from rocks on the seabed.
Evolution of Mining Technology
- Vacuum Extraction: Companies exploring the use of massive pumps to vacuum materials from the seafloor.
- AI-Based Robotics: Developing artificial intelligence-based technology to teach deep-sea robots how to collect nodules.
- Advanced Machinery: Utilizing advanced machines to mine materials from underwater mountains and volcanoes.
Strategic Importance
- Depletion of Onshore Reserves: Deep sea mining offers access to strategically important resources as onshore reserves diminish.
- Growing Demand: Crucial minerals are in high demand due to the increasing reliance on renewable energy and technological advancements.
- Regulating Deep Sea Mining: Balancing Interests and Environmental Concerns
Regulating Deep Sea Mining: Balancing Interests and Environmental Concerns
- The governance of deep sea mining is currently guided by the United Nations Convention on the Law of the Sea (UNCLOS).
- This framework aims to protect marine environments, facilitate economic benefits sharing, and support scientific research.
UNCLOS and Exploration Licenses
- Maritime Territory Management: Countries govern their exclusive economic zones, while the high seas fall under UNCLOS jurisdiction.
- “Common Heritage of Mankind”: The seabed and its mineral resources are considered global assets, requiring responsible management.
- Exploration Partnerships: Mining companies collaborate with countries to secure exploration licenses, with focus in the Clarion-Clipperton Fracture Zone.
Pressure to Establish Regulations
- Nauru’s Application: In 2021, Nauru and Nauru Ocean Resources Inc. applied to exploit minerals, triggering a clause that requires the International Seabed Authority (ISA) to establish regulations by July 2023.
- Environmental Concerns: Urgency to address potential ecosystem impacts and safeguard marine habitats fuels the need for comprehensive regulations.
Environmental Concerns
- Limited Knowledge: Only a small portion of the deep seabed has been explored, raising concerns about the potential damage to poorly understood marine ecosystems.
- Impacts on marine ecosystem: Noise, vibration, and light pollution, as well as leaks and spills of chemicals, pose risks to marine life.
- Sediment Plumes: Pumping slurry sediment back into the sea after extracting valuable materials can harm filter-feeding species and disrupt ecosystems.
Way Forward
- Calls for Moratorium: More than a dozen countries, including France, Germany, and Pacific Island nations, advocate for a ban or moratorium until environmental safeguards are in place.
- Research and Responsible Mining: Comprehensive research on deep-sea ecosystems is crucial to understand the potential implications of mining.
- Sustainable Practices: Encouraging responsible mining practices, including minimizing pollution, reducing ecosystem disturbance, and implementing proper waste management.
Conclusion
- Deep sea mining holds the potential to unlock valuable minerals critical for renewable energy and technological advancements.
- However, the process raises significant environmental concerns and requires robust regulations to balance resource extraction with the protection of fragile marine ecosystems.
- Continued research, responsible practices, and international cooperation are essential to ensure sustainable and environmentally conscious deep-sea mining operations.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Criminalization of Politicians
Central Idea
- The Association for Democratic Reforms (ADR), an electoral watchdog, has written to the Election Commission seeking action against political parties that fail to disclose details of candidates’ criminal cases as mandated by the Supreme Court.
- The ADR highlights the non-compliance of parties in publishing such information and urges strict action to be taken against defaulting parties.
About ADR
Concerns raised by ADR
- Alarming Statistics: It revealed 43% of newly-elected MPs in 2019 had pending criminal cases.
- Non-Compliance: ADR reveals political parties flouting Supreme Court’s orders and ECI’s directions.
- Shortcomings in Forms: ADR identifies shortcomings in the prescribed forms (C2 and C7) used by parties.
- Inaccessible Information: Many parties lack functional websites or fail to provide accessible links.
- Improper Justifications: Parties cite “winnability” and popularity as reasons for selecting candidates with criminal records, contrary to the Supreme Court’s ruling.
Supreme Court’s Mandate (2018)
- Disclosure Directive: Supreme Court has mandated parties to disclose candidates’ criminal cases on their websites.
- Prescribed Format: Election Commission of India (ECI) specifies the format for publishing this information.
- Bold Publication: Supreme Court ordered parties to publish criminal case details prominently.
- Candidate Obligation: Candidates with pending cases must inform the party about their criminal antecedents.
- Multiple Publications: Parties and candidates must publish the information multiple times after filing nominations.
ADR’s Action and Demands
- Adherence Supreme Court’s Directive: ADR directed to pursue remedies with the ECI.
- Demanding Strict Action: ADR urges the ECI to take strict action against defaulting parties, including possible de-registration.
- Transparency and Accountability: ADR calls for the publication of a list of defaulting parties and the imposition of fines.
Conclusion
- Urgent Action Needed: ADR’s letter emphasizes the need for action against parties failing to disclose candidates’ criminal cases as mandated by the Supreme Court.
- Upholding Transparency: Strict enforcement of these orders is essential to maintain transparency and prevent the criminalization of politics.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 377
Mains level: LGBTQI Rights
Central Idea
- The context of the article revolves around the celebration of Pride Month and the ongoing struggle for LGBTQ rights globally.
- It begins by highlighting the duality of Pride Month, which is celebrated as a recognition of progress made in LGBTQ rights while also serving as a protest against the persisting discrimination and challenges faced by the community.
History of the LGBTQ Movement: Stonewall Riots
- Historical Significance: The Stonewall Riots, which took place in 1969, are widely regarded as a pivotal moment in the LGBTQ rights movement, igniting a wave of activism and mobilization.
- Illegal Homosexuality: In the 1960s, engaging in homosexual activity was illegal in major American cities, leading to the creation of underground gay bars and secret gathering places.
- Stonewall Inn: The Stonewall Inn, located in Greenwich Village, New York City, became a popular gathering spot for the LGBTQ community due to its acceptance and tolerance.
- Police Raids and Resistance: The frequent police raids on gay bars, including the Stonewall Inn, prompted the LGBTQ patrons to resist, resulting in the spontaneous uprising known as the Stonewall Riots.
- Turning Point: The Stonewall Riots marked a turning point in LGBTQ activism, as they galvanized the community to demand equal rights, visibility, and an end to discrimination.
Early LGBTQ Rights Initiatives
- Pioneering Organizations: Organizations like the Society of Human Rights (1924), the Mattachine Society (1950), and the Daughters of Bilitis (1955) were among the earliest advocates for LGBTQ rights in the United States.
- Anti-Homosexual Policies: During World War II and the McCarthy era, anti-homosexual policies in the military and society prompted the emergence of LGBTQ advocacy groups.
- Activism: Frank Kameny, an astronomer fired for being gay, became a prominent activist and founded the Mattachine Society of Washington, D.C., advocating for LGBTQ rights and challenging discriminatory policies.
- Protests in US: In 1969, a year after the Stonewall Riots, the first pride march was organized in New York City, marking a significant milestone in the LGBTQ rights movement.
Pride Celebrations Worldwide
- Pride Month Origins: Pride Month is celebrated in June to commemorate the Stonewall Riots and honor the LGBTQ community’s resilience, history, and the ongoing struggle for equal rights.
- LGBTQ History Month: LGBTQ History Month takes place in October and aims to educate and raise awareness about LGBTQ history, achievements, and challenges.
- Pride Parades: Pride parades, often held during Pride Month, are colourful and joyous celebrations that allow LGBTQ individuals and allies to openly express their identities and demand equality.
- Global Pride Days: Various countries celebrate their own Pride-equivalent days, such as Christopher Street Day in Germany, to promote LGBTQ rights and visibility.
LGBTQ History in India
- India’s First Protests: The AIDS Bhedbhav Virodhi Andolan (ABVA) organized India’s first-ever protests for gay rights on August 11, 1992, in Delhi, following the arrest of men suspected of homosexuality.
- Fight Against Section 377: LGBTQ activists and organizations in India have long fought against Section 377 of the Indian Penal Code, a law that criminalized consensual same-sex relations until it was struck down in 2018.
- Decriminalization and Progress: The decriminalization of homosexuality in India in 2018 marked a significant milestone in LGBTQ rights, paving the way for increased visibility, acceptance, and advocacy.
Post-Section 377 Judgement
- Struggles for Marriage Recognition: Post the decriminalization of homosexuality, efforts have been made to seek legal recognition of same-sex marriages in India, with couples filing writ petitions and pushing for equal rights.
- Supreme Court’s Stance: The Supreme Court of India has been involved in various cases related to LGBTQ rights and is instrumental in shaping the legal landscape for the community.
- Legislative Attempts: Several legislative attempts have been made to further protect and promote LGBTQ rights, including bills advocating for same-sex marriage and policies to safeguard the rights of the LGBTQIA community.
- Progress on Conversion Therapy: India has taken steps to address the harmful practice of conversion therapy, with the National Medical Commission banning it and classifying it as “professional misconduct.”
Global LGBTQ Rights
- Varying Legal Status: LGBTQ rights vary across the globe, with some countries fully embracing equality and protecting LGBTQ rights, while others maintain discriminatory laws and practices.
- Same-Sex Marriage: A growing number of countries have legalized same-sex marriage or recognized civil unions, granting LGBTQ couples the right to marry and access legal protections.
- Anti-LGBTQ Laws: Unfortunately, many nations still have laws that criminalize homosexuality, and in some cases, impose severe penalties, including imprisonment or even the death penalty.
Continuing the Fight for LGBTQ Rights
- Global Advocacy: The fight for LGBTQ rights remains a global issue, necessitating ongoing advocacy, awareness, and support to achieve full equality.
- Achievements and Setbacks: Acknowledging the progress made in LGBTQ rights while recognizing the setbacks and challenges that still persist.
- Importance of Advocacy: Emphasizing the crucial role of continued advocacy in ensuring the protection and advancement of LGBTQ rights worldwide.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Horizontal and Vertical Reservations
Central Idea
- Maharashtra government said it was difficult to provide additional reservations to transgender persons in education and public employment due to existing reservations for various communities in India.
- Transgender individuals in Mumbai protested against this statement.
Courts’ rulings on reservations for transgender community
- National Legal Services Authority of India (NALSA) v Union of India (2014) case: The Supreme Court ruled that transgender persons have a right to reservation as they are considered a socially and educationally backward class.
- Direction for reservations: The court directed the Centre and State Governments to treat transgender persons as socially and educationally backward and extend all kinds of reservation for admission to educational institutions and public appointments.
- Lack of clarity on the nature of reservations: The NALSA judgment does not specify whether reservations for transgender persons should be vertical or horizontal.
Understanding horizontal reservations
- Distinction between vertical and horizontal reservations: Reservation in India is divided into two categories—vertical and horizontal.
- Vertical reservations: Aimed at addressing social asymmetry arising from caste hierarchy and backwardness, including reservations for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC).
- Horizontal reservations: Cut across all vertical groups to provide affirmative policies for disadvantaged groups within categories. For example, disabled persons are guaranteed horizontal reservation in all vertical categories.
Demand for horizontal reservation for transgender community
- Recognition of marginalization: Transgender individuals have faced long-term marginalization in society, warranting specific provisions and recognition of their social identity.
- Employment challenges: A study reveals that only 6 percent of transgender people were formally employed in 2017, and many engage in informal work due to societal factors and survival needs.
- Interpreting the NALSA verdict: The NALSA judgment has been interpreted as directing reservations for transgender individuals in the OBC category due to their identification as a socially and educationally backward class.
- Concerns and choice: The demand for horizontal reservation raises concerns that Dalit, Bahujan, and Adivasi transgender individuals may have to choose between availing reservation based on caste and gender identities, leading to competition and exclusion.
Progress on horizontal reservations
- Lack of action by the Central government: Since the NALSA judgment, the Central government has not taken steps to implement the right to reservation for transgender persons.
- Legislative developments: The Rights of Transgender Persons Bill, 2015, which included provisions for reservations, was rejected in the Lok Sabha. The Transgender Persons (Protection of Rights) Act, 2019, does not mention reservations.
- Parallel provisions for disabled persons: The Rights of Persons with Disabilities Act, 2016, ensures horizontal reservation for disabled individuals under the Central government.
- State-level initiatives: Tamil Nadu categorized trans-women under the Most Backward Classes (MBC) category, and Karnataka introduced 1% horizontal reservation for transgender persons. Madhya Pradesh included transgender persons in the OBC category.
- Legal challenges and petitions: Transgender persons have filed petitions in various High Courts, seeking horizontal reservation in education and jobs.
Way forward
- Need for legal action: The lack of progress in implementing horizontal reservations for transgender individuals requires legal challenges to ensure their rights are upheld.
- Intersectionality and inclusive policies: Ensuring horizontal reservation while considering the diverse identities within the transgender community, including caste and tribal backgrounds, is crucial for equitable representation.
- Promoting employment opportunities: Implementation of horizontal reservations can contribute to addressing employment challenges and empowering transgender individuals in various sectors.
- Public awareness and support: Creating awareness about the need for horizontal reservation and garnering public support can strengthen the advocacy for inclusive policies.
- Collaboration with civil society and stakeholders: Engaging with activists, community leaders, and organizations working on transgender rights can drive collective efforts to achieve meaningful horizontal reservations.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Delimitation Commission
Mains level: Read the attached story
Central Idea
- The recent draft proposal on the Delimitation of Assembly and Lok Sabha constituencies in Assam by the Election Commission (EC) has stirred significant controversy.
- The proposal suggests reshaping constituencies, increasing the number of reserved seats, and potentially affecting the political fortunes of various organizations and parties.
What is Delimitation?
- Objective: Delimitation aims to redraw constituency boundaries to maintain equal population representation in Assembly and Lok Sabha seats.
- Changing Constituencies: Delimitation may result in the alteration of constituency limits and, in some cases, the number of seats in a state.
Delimitation Process and Commission
- Independent Delimitation Commission: Delimitation is carried out by an independent Delimitation Commission (DC) constituted by the Union government.
- Terms of Reference: The DC determines the number and boundaries of constituencies, ensuring population equality and identifying reserved seats for Scheduled Castes and Scheduled Tribes.
- Implementation: The draft proposals are published for public feedback, followed by public sittings to consider objections and suggestions. The final order is published in official gazettes.
Historical Context of Delimitation
- Early Delimitation Exercises: The first delimitation exercise in 1950-51 was conducted by the President. Subsequently, the responsibility was shifted to independent Delimitation Commissions.
- Frequency of Delimitation: Delimitation has been carried out four times, in 1952, 1963, 1973, and 2002, based on the Acts enacted in respective years.
Postponement of Delimitation until 2026
- Frozen Seats: Delimitation was postponed after the 1981 and 1991 Censuses, freezing the number of seats in Lok Sabha and Assemblies.
- Justification for Postponement: An amendment further delayed delimitation until 2026, with the rationale that uniform population growth would be achieved throughout the country by that time.
- The Last Delimitation: The most recent delimitation exercise, based on the 2001 Census, focused on adjusting boundaries of existing seats and reworking the number of reserved seats.
Delimitation Exercise in Assam
- Delimitation exercises were carried out periodically, but in 1976, it was suspended due to the family planning program.
- The process was deferred for Arunachal Pradesh, Assam, Jammu and Kashmir, Manipur, and Nagaland in 2008 due to “security risks.”
- The Delimitation Commission for Assam and other states was reconstituted by the Central Government in 2020.
Overview of the Proposed Changes
- Reshaping of Constituencies: The draft proposal suggests reshaping and renaming 24 Assembly seats.
- Increased Reserved Seats: The number of reserved seats for Scheduled Tribes (ST) and Scheduled Castes (SC) would be increased from 16 to 19 and eight to nine, respectively.
- Seat Juggling: The proposal involves converting six reserved seats each for SCs and STs into unreserved seats. Additionally, nine ST and seven SC general seats would become reserved.
- Impact on Political Figures: Notable political figures, including MLAs and MPs from various parties, may lose their seats due to the proposed changes.
Opposition and Concerns
- Protests and Discontent: The draft proposal has faced opposition and protests across Assam, with different groups expressing dissatisfaction with the changes.
- Questioning the Legality: Some have raised concerns regarding the interpretation of Section 8A of the Representation of the People Act, 1950, which allows reorientation of seats without altering their total number.
- Use of Census Data: The use of 2001 Census data instead of the more recent 2011 Census data has raised suspicion and allegations of a hidden agenda.
- Timing and Allegations: Opposition parties have criticized the timing of the delimitation exercise, alleging that it was rushed to affect representation ahead of the 2024 Lok Sabha polls.
Future Outlook and Potential Changes
- EC’s Call for Suggestions: The EC has invited suggestions and omissions regarding the draft proposal and plans to revisit the State to engage with stakeholders.
- Legal Challenges: The All India United Democratic Front (AIUDF) has threatened to approach the court if the draft is accepted.
- Chief Minister’s Perspective: Assam CM has emphasized the need to protect the rights of indigenous people and hinted at potential adjustments to ensure their interests are safeguarded.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: India-US Tech Trade
Central Idea
- During PM’s state visit to the United States, cooperation on technology emerged as a significant topic of discussion.
- While the visit yielded positive outcomes, US tech companies have raised concerns about policy hurdles affecting digital trade with India.
Current Status of India-US Technology Trade
- Bilateral Trade: In FY2023, the US became India’s largest trading partner, with bilateral trade reaching $128.55 billion. However, digital or technology services have not played a prominent role in this trade.
- Deficit in Digital Services: The US has a significant trade deficit of $27 billion in digital services with India, despite the potential for growth in the US digital services export sector and the expanding online services market in India.
Concerns of US Tech Firms
- Imbalance and Misalignment: US tech companies have raised concerns about the “significant imbalance” and “misalignment” in the US-India economic relationship. They argue that India’s policies favor domestic players, creating a tilted playing field.
- Discriminatory Regulations: US tech firms criticize India’s regulations, such as geospatial data sharing guidelines, for providing preferential treatment to Indian companies. They also express discontent over India’s departure from democratic norms, leading to challenges for US companies operating in India.
Policy Barriers Raised by US Tech Firms
- Equalisation Levy: US tech firms object to India’s expanded version of the equalisation levy, which imposes taxes on digital services. They argue that it leads to double taxation, complicates the tax framework, and raises questions of constitutional validity and compliance with international obligations.
- Information Technology Rules: US tech firms are concerned about India’s Information Technology Rules, which impose compliance burdens and tight deadlines for content takedown, appointment of local compliance officers, and the establishment of Grievance Appellate Committees.
- Data Protection Law: Ambiguities surrounding cross-border data flows, compliance timelines, and data localization in India’s draft Digital Personal Data Protection Bill raise concerns among US tech firms. They argue that data localization requirements increase operating costs and can be seen as discriminatory.
Other Policy Barriers to Digital Trade
- Digital Competition Act: The proposed adoption of a Digital Competition Act, including estimated taxes for big tech companies, has raised concerns about anti-competitive practices and potential targeting of US tech firms.
- Competition Commission Fines: The fines imposed by the Competition Commission of India on Google for anti-competitive practices have been seen by US tech firms as part of India’s protectionist industrial policy.
Way Forward
To promote digital trade between India and the United States and overcome policy barriers, the following steps can be taken:
- Transparent and Consistent Policies: Ensure transparency, consistency, and clear guidelines in policy formulation, implementation, and enforcement to create a level playing field.
- Review and Refinement of Regulations: Periodically review regulations, such as the equalisation levy, Information Technology Rules, and data protection laws, to address concerns and strike a balance.
- Mutual Recognition Agreements: Explore the possibility of mutual recognition agreements that facilitate the acceptance of each other’s certification standards and regulatory frameworks, reducing duplicative compliance requirements.
- Data Sharing Frameworks: Develop comprehensive and secure frameworks for cross-border data sharing that protect privacy and enable data flows for digital trade, benefiting both economies.
- Collaborative Research and Development: Encourage joint research and development initiatives between Indian and US companies and institutions to foster technological advancements and drive innovation in emerging areas such as artificial intelligence, blockchain, and quantum computing.
- Cybersecurity Cooperation: Strengthen bilateral cooperation on cybersecurity, sharing best practices, and collaborating on threat intelligence to safeguard digital infrastructure and build trust in cross-border digital transactions.
Conclusion
- By implementing these measures, India and the United States can foster a conducive environment for digital trade, innovation, and investment, strengthening bilateral ties and driving economic growth.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Mekedatu Project
Mains level: Interstate water disputes
Central Idea
- Announcement of dam and reservoir: The Deputy CM of Karnataka announced plans for the construction of a dam and reservoir called Mekedatu near the state’s border with Tamil Nadu.
- Objections raised by Tamil Nadu: Tamil Nadu expressed strong objections to the project, arguing that it goes against the rulings of both the Cauvery Water Disputes Tribunal and the Supreme Court.
- Warning of protests: Political parties in Tamil Nadu have warned of potential protests and opposition if the construction of the Mekedatu dam proceeds.
What is Mekedatu Project?
- Location and purpose: The Mekedatu dam project is planned to be constructed in Ramanagaram district, approximately 100 km south of Bengaluru. Its primary purpose is to address the drinking water needs of Bengaluru and replenish the regional groundwater table.
- Proposed capacity and estimated cost of the dam: The dam is proposed to have a capacity of 48 TMC (thousand million cubic) feet and is estimated to cost Rs 6,000 crore.
- Background and previous developments of the project: The idea of the Mekedatu dam has been under consideration for several years. In 2014, the Karnataka government invited expressions of interest for the project and allocated funds for a detailed project report in the following year.
Opposition to the Project
- Widespread protests and state-wide bandh in TN: When the project was initially proposed, Tamil Nadu witnessed widespread protests against it. These protests culminated in a statewide bandh, supported by various stakeholders.
- Resolutions passed by TN Assembly against the project: The Tamil Nadu Assembly, representing the voice of the people, passed unanimous resolutions expressing strong opposition to the Mekedatu project in December 2018 and January 2022.
- Political actions and legal involvement in the dispute: Various political leaders and parties in Tamil Nadu have taken actions, including raising the issue with the central government and approaching the Supreme Court to challenge the project’s legality.
Arguments against the Project
- Concerns over modification of river flow: Critics of the Mekedatu project argue that constructing reservoirs on the Cauvery River would modify its natural flow, potentially leading to adverse effects downstream.
- Violation of the final award of the water disputes tribunal: Tamil Nadu contends that the proposed dam violates the final award of the Cauvery Water Disputes Tribunal, which determined the water-sharing arrangements between the two states.
- Impact on water flow in catchment areas: Tamil Nadu raises concerns that the project’s implementation would impound the flow in catchment areas, affecting the availability of water downstream and potentially leading to water scarcity in the state.
Justifications and proposals
- Ensuring adequate flow to TN: Karnataka argues that the construction of the Mekedatu dam will not hinder the stipulated quantum of water release to Tamil Nadu nor be utilized for irrigation purposes.
- Allocation of funds and willingness to negotiate: The Karnataka government has earmarked Rs 1,000 crore for the project, indicating its commitment. It also expresses willingness to engage in discussions and negotiations with Tamil Nadu to address concerns and find a resolution.
- Clearance of feasibility study: The Central Water Commission cleared a feasibility study for the Mekedatu project in 2018, providing additional support for Karnataka’s justifications and indicating the project’s viability.
Historical context of the dispute
- Past opposition and protests against the dam: The Mekedatu dam has been a subject of contention and opposition for several years. Tamil Nadu has witnessed widespread protests, reflecting public sentiment against the project.
- Political actions and involvement of state delegations: Political leaders from Tamil Nadu and Karnataka have been actively involved in addressing the issue. Delegations from both states have approached the central government seeking support or intervention.
- Legal challenges and the role of the Supreme Court: Tamil Nadu’s approach to the Supreme Court against the Mekedatu project highlights the legal dimension of the dispute. The involvement of the court plays a crucial role in considering the arguments and reaching a resolution.
Environmental and Economic considerations
- Potential benefits of the dam for water supply: Proponents of the Mekedatu project argue that it will address the pressing drinking water needs of Bengaluru, ensuring a stable water supply for the growing city.
- Concerns about environmental impact and ecosystem disruption: Critics raise concerns about the potential environmental impact of constructing the dam and reservoir. They highlight potential disruptions to local ecosystems and the natural flow of the river.
- Evaluating the economic viability of the project: Given the significant estimated cost of the Mekedatu project, there is a need to evaluate its cost-effectiveness and long-term economic viability, considering factors such as funding sources, returns on investment, and sustainable utilization of resources.
Way forward
- Importance of negotiation and finding common ground: The conflict surrounding the Mekedatu project emphasizes the importance of dialogue, negotiations, and finding mutually acceptable solutions that address the concerns of both Karnataka and Tamil Nadu.
- Role of the Supreme Court and other mediators in resolving conflicts: The involvement of the Supreme Court and other mediators can play a crucial role in facilitating discussions, mediating conflicts, and reaching a resolution that adheres to legal frameworks and considers the interests of both states.
- Promoting inter-state cooperation for sustainable water management: The dispute underscores the need for robust inter-state cooperation and collaboration on water management issues. It is crucial to ensure sustainable and equitable utilization of shared water resources, respect legal frameworks, and address the concerns of all stakeholders involved.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Live Streaming of Court
Central Idea
- The significance of live-streaming court proceedings as an extension of the ‘open justice’ and ‘open courts’ principle remains largely unrealized in India.
- Only nine out of the 25 High Courts in the country have implemented live streaming, while the Supreme Court restricts it to Constitutional cases.
What is live-streaming technology?
- At its core, streaming content is meant to help people attend events, expos, and experiences they cannot attend in person.
- Live streaming technology is how videos are streamed over the internet, live, in real-time, as they are being recorded.
- Live streaming technology is the internet’s response to live television broadcasts, with the most popular being news shows and sports.
Why discuss this?
- The Supreme Court emphasized the need for live streaming in district courts and High Courts as these are the courts where most citizens seek justice.
- Time and resource constraints, as well as the inability to travel long distances, limit public access to court hearings.
- Videoconferencing became essential since the COVID-19 pandemic, as physical hearings were not possible.
Early Adopters
- The Gujarat HC pioneered live streaming in October 2020, streaming proceedings on YouTube as an experiment.
- Other HCs, such as Karnataka and Meghalaya, followed with varying degrees of success.
- The Gujarat HC’s YouTube channel gained 1.24 lakh subscribers and 1.9 crore views.
Existing Restrictions
- Model Rules for Live Streaming and Recording of Court Proceedings: These exclude certain case categories from live streaming, including matrimonial matters, child adoption and custody, sexual offences, child sexual abuse, and juvenile cases.
- Broadcasting rights issue: The Delhi High Court notified rules for live streaming proceedings but imposed restrictions such as a ban on reproducing or transmitting audio-visual recordings.
Significance of live streaming
- Instilling Faith in the Judiciary: Allowing ordinary people to view the workings of the highest court without barriers builds faith in the judiciary.
- Empowering the Masses: Live streaming enables the legal system to empower the masses and develop an informed citizenry.
- Respect for Rule of Law: Understanding the importance of the rule of law and how the judiciary protects the rights of marginalized sections of society.
- Living up to Constitutional Expectations: Live streaming aligns with public interest and the preservation of constitutional Article 19 and 21.
- Increased Transparency: Encourages the principle of open court, reduces reliance on second-hand information, and allows the public’s right to know.
- Elevating Legal Standards: Lawyers become better prepared, refrain from irresponsible remarks, and take justice delivery more seriously.
- Level Playing Field: Provides equal opportunities for younger lawyers to showcase their skills and competence.
- Academic Advancement: Inspires law students and encourages legal research on the functioning of the judiciary and the legal profession.
- Easy Accessibility: Eliminates the need for physical presence, allowing litigants to access proceedings from anywhere.
Issues with such policy
- Contempt of Court: Existing video clips of court proceedings on social media platforms often lack context and sensationalize events, potentially undermining the dignity of the court.
- Disinformation and Sensationalism: There are concerns that misuse or selective use of live streaming content may contribute to the spread of disinformation among the public.
- Unnecessary Activism: Increased visibility through live streaming could lead to justices behaving like politicians, seeking individual exposure rather than focusing solely on justice.
Physical barriers for it
- Internet Connectivity: Issues related to internet connectivity may hinder seamless live streaming, requiring attention for reliable access to court proceedings.
- Adequate Infrastructure: Provision of well-equipped spaces where lawyers can effectively present their cases is crucial for a smooth transition to live-streamed proceedings.
- Awareness and Training: Judges, court staff, and lawyers may lack familiarity with digital technology and its benefits. Efforts should be made to raise awareness and provide comprehensive training to ensure their proficiency.
Global examples
- Several countries, including the United States, Brazil, the United Kingdom, Canada, and China, have implemented live streaming of court proceedings in various formats.
- Live streaming formats include audio recordings (US), video recordings streamed on television (Brazil), video streaming on court websites (UK, Canada), and live streaming from trial courts up to the supreme court (China).
Way Forward
To promote open justice and improve access to justice, the following steps are recommended:
- Implementation of live streaming in all courtrooms of the Supreme Court and across all High Courts and district courts.
- Ensuring adequate infrastructure for videoconferencing and live streaming beyond the pandemic.
- Reviewing and revising restrictions on live streaming to strike a balance between transparency and privacy concerns.
- Conducting awareness campaigns to educate the public about the availability and benefits of live-streamed court proceedings.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Judicial Vacations
Mains level: Issues with Judicial Vacations
Central Idea
- The longstanding tradition of judicial vacations in India has come under scrutiny as a parliamentary committee.
- Recent remarks by Chief Justice DY Chandrachud reignited discussions on the allocation of vacation days to Indian judges, shedding light on the intricate dynamics of judicial work patterns and the rationale behind vacation allotments.
Vacation in Judiciary
- Judicial Workdays: The Supreme Court has 193 working days annually, High Courts function around 210 days, and trial courts operate for 245 days. High Courts possess the authority to structure their calendars as per service rules.
- Long-standing Practice: The practice of vacations, particularly the extensive 7-week (formerly 10-week) summer recess, has its origins in colonial times.
Understanding Vacation Benches
- Composition and Role: The CJI appoints a Vacation Bench, a specialized court that operates during the Supreme Court’s summer and winter breaks. Although the court is not fully closed during vacations, this bench handles cases deemed “urgent matters.”
- Urgent Cases: While there is no explicit definition for “urgent matters,” the Vacation Bench typically entertains writs associated with habeas corpus, certiorari, prohibition, and quo warranto, all related to enforcing fundamental rights.
- Rule 6 of Order II of the Supreme Court Rules, 2013: Under this rule, the CJI nominates Division Benches for urgent miscellaneous and regular hearing matters during the summer vacation period. The rule allows for the appointment of judges to hear urgent cases individually or in a Division Court.
Historical Significance and Notable Cases:
- Impactful Decisions: Vacation Benches have delivered significant judgments in the past. A well-known instance is when a Vacation Bench Judge refused PM Indira Gandhi’s plea to stay an Allahabad High Court decision in 1975, which led to the Emergency declaration.
- Triple Talaq Case: In 2017, a Vacation Bench of the Supreme Court heard the triple talaq case during vacation days.
Debates and Arguments Surrounding Vacation Benches
[A] Arguments in Favor:
- Judicial Rejuvenation: Advocates emphasize the need for vacation periods to provide judges with mental and physical rejuvenation.
- Extended Work Hours: Considering the demanding nature of judicial work, proponents assert that the long working hours necessitate periodic breaks.
- Writing Judgments: Judges use vacation time to draft judgments, contributing to the timely disposal of cases.
[B] Arguments Against:
- Pendency and Delays: Critics argue that the extended and frequent vacations exacerbate the backlog of cases and contribute to the slow pace of justice delivery.
- Inconvenience to Litigants: For litigants, vacations translate to additional delays in case hearings.
Calls for Reform
- Malimath Committee (2000): The committee proposed reducing vacation periods by 21 days, advocating for the Supreme Court to operate for 206 days and High Courts for 231 days annually.
- Law Commission of India (2009): The commission recommended curtailing vacations by 10-15 days and extending court working hours to address the substantial backlog of cases.
- Supreme Court’s 2014 Rule Change: The Supreme Court truncated the summer vacation period from 10 weeks to seven weeks.
- RM Lodha Commission (2014): It suggested that individual judges should take leave at different times throughout the year instead of having all judges on vacation at once.
Proposed Approach and Suggested Changes
- Continuous Operation: The 133rd committee supports the notion that individual judges should take their leave at different intervals, thereby ensuring that the courts remain open throughout the year.
- Redefined Judicial Vacations: The parliamentary report calls for a reevaluation of the traditional concept of vacations, advocating for a more modern and efficient approach to court operation.
- Comparison with Other Countries: The report suggests that the vacation practices of the Supreme Court and High Courts should be reviewed in comparison to other countries’ higher courts and constitutional institutions.
Conclusion
- The debate surrounding the abolition of judicial vacations in India emphasizes the necessity for a dynamic and effective approach to court operations.
- While the tradition has historical significance, the current judicial landscape calls for a re-evaluation of practices to ensure efficient functioning, address the backlog of cases, and minimize inconveniences to litigants.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Women in Armed Forces
As many as 108 women officers in the Army are set to be cleared for the rank of Colonel (selection grade) which will make them eligible to command units and troops in their respective arms and services for the first time.
What exactly does Commanding a unit mean?
- Once promoted to a Colonel, an officer is eligible to command troops directly in the Army, which is an acknowledgment of the leadership qualities of the officer.
- It is considered a coveted appointment because in no other rank — including higher ranks like Brigadier or Major General — does an officer interact directly with troops on the ground.
- Women officers in many streams of the Army, including the Army Air Defence, Signals, Engineers, Army Aviation, EMEs, Army Ordnance Corps, and Intelligence Corps will be commanding units.
Women in commands: Significance
- Leadership opportunity: Despite working at the grassroots level as junior officers, women officers hitherto did not get an opportunity to prove their leadership skills as they were not eligible to command a unit.
- Gender parity: Most importantly, it grants women officer’s parity with their male counterparts.
- Higher ranks: Earlier promotions were staff appointments — which are more administrative in nature and not purely command appointments in which an officer commands troops on ground.
- Benefits after permanent commission: With a longer career in the Army, women officers will be considered for promotions, including to the rank of Colonel and beyond.
Why did their Colonel promotions come so late?
- An officer in the Army is promoted to the rank of Colonel only after serving between 16 and 18 years, based on certain criteria such as annual confidential reports and various courses.
- Women officers who were inducted into the Army were inducted as Short Service Commission (SSC) officers in 1992 and in the years after did not have the choice to opt for permanent commission.
Supreme Court order affirming Permanent Commission
- In 2019, the Army changed its rules allowing SSC women officers to opt for permanent commission who would have otherwise retired after 14 years of service.
- However, this was not retrospective and applied only to the batches of women officers starting their career in the Army in 2020.
- With the landmark Supreme Court judgment of February 2020, permanent commission was granted to women officers with retrospective effect.
- This opened the doors for their further growth and promotions in the Army, which has been of late opening leadership and higher management courses for women.
How are women still discriminated?
- Women are still not eligible in core combat arms such as Infantry, Mechanised Infantry and Armoured Corps.
- Indian Army is not open to women fighting wars at the borders as foot soldiers.
- Much of this resistance stems from past instances of male soldiers being taken as prisoners of war and tortured by the enemy.
- However, the Army has recently decided to open the Corps of Artillery, a combat support arm, to women.
What about the Indian Navy and the Indian Air Force?
- Women officers have been inducted into all branches of the Navy, and they will be eligible for permanent commission in the future.
- Women officers can command shore-based units and, as they join the service and become eligible for permanent commission, they would be able to command ships and air squadrons.
- The IAF has opened all branches for women officers, including the fighter stream and the new weapon systems branch.
- As they are granted permanent commission based on eligibility and vacancies, they will be eligible to command units in the future.
How many women serve in the Indian armed forces?
- The Army, being the largest of the three services, has the largest number of women officers at 1,705, followed by 1,640 women officers in the IAF, and 559 in the Navy.
- This data was submitted by the government to Parliament last year.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: World bank reports theme
Mains level: Impact of COVID-19 Pandemic, Poverty eradictaion and inclusive growth.
Context
- A recent World Bank report, titled “Correcting Course”, captures the impact of the COVID-19 pandemic on global poverty. The economic mismanagement we were witness to in India resulted in 5.6 crore people slipping into extreme poverty in 2020.
Do You Know?
- 17 October is observed as International Day for the Eradication of Poverty
- The theme for International Day for the Eradication of Poverty 2022-2023 is “Dignity For All in Practice: The commitments we make together for social justice, peace, and the planet”
What is the Impact of COVID-19?
- Rapid rise in extreme poverty: The number of people living in extreme poverty rose by seven crores million in 2020, as the global poverty rate rose from 8.4% in 2019 to 9.3%in 2020.
- Increased Inequality: This is the first time in two decades that the poverty rate has gone up. Global inequalities have widened, evident in the relative impacts felt on incomes in the richest countries as opposed to the poorest; and, unsurprisingly, economic recovery has been similarly uneven.
What the World Bank report says on fiscal policy of developing Nations?
- The report focuses on fiscal policy as an instrument for governments in dealing with crises such as the pandemic.
- Poorer countries were unable to use fiscal policy as effectively and thus unable to offset the impact of the pandemic to a much lesser degree than richer countries.
- Sluggish state of Indian Economy: India’s economy continues to be sluggish in 2022, and one should look back at the policy choices that were made back in 2020.
- Absence of official poverty data: The World Bank report relies on the Consumer Pyramids Household Survey (CPHS) by the Centre for Monitoring Indian Economy (CMIE), in the absence of official poverty data since 2011.
- Poverty and fall in GDP: By the estimate, 5.6 crore people are likely to have slipped into poverty as India’s GDP fell by7.5% in FY2020-21.
- India’s Population below poverty line: The population below poverty line in India stood at 10% in 2020.
- Marginal Incremental spending: Refusal to provide a fiscal stimulus to consumption the Government announced a fiscal stimulus worth Rs.2 lakh crore, or 1% of GDP. However, only a small fraction therein reflected incremental spending.
- Inadequate increase in MGNREGA wage: The minor increase to the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) wage by Rs.20 per day was a long-pending correction and quite inadequate to say the least.
- No money in the hands of households: The majority of India’s stimulus package took the form of credit lines and refinancing schemes to private enterprises, which are an inefficient mechanism to realise the goal of putting money in the hands of people to boost household-level consumption.
The relationship between India’s Tax policies and Poverty
- Reduced corporate tax: Through the pandemic and beyond, India persisted with the reduced corporate tax rate that had been announced in September 2019. The reduction of corporate tax from 30% to 22% cost the exchequer Rs.1.84 lakh crore over the last two fiscal years, according to the Parliamentary Committee on Estimates.
- Rise in corporate profit: India has refused to reintroduce wealth tax, or indeed, an inheritance tax. At the same time, corporate profits soared, as reported by the CMIE.
- Rise in inequality: Through all of this, and in spite of the World Inequality Report terming India as a ‘poor and very unequal country’.
- GST as regressive tax regime: India has repeatedly increased the rates on a wide range of products covered by the Goods and Services Tax as well as increased the prices of cooking and transport fuels. While indirect taxes may help prop up public finances, they place a disproportionate burden on the poor.
Food aid through PMGKAY and the problem associated with it
- Pradhan Mantri Garib Kalyan Ann Yojana: The announcement of 80-crore people in India would get food aid through the Pradhan Mantri Garib Kalyan Ann Yojana (PMGKAY), a scheme that continues mainly because of the undeniable household-level distress. PMGKAY is currently estimated to cost about Rs.3.90 lakh crore. Started in April 2020, it has been extended till the upcoming Assembly elections are over.
- PMGKAY is not a long-term solution: food aid is not a long-term solution, and certainly does not solve the problem of chronic malnutrition.
World Bank Suggested priorities for Post pandemic recovery
- The World Bank report identifies three priorities for fiscal policy for governments to aid with post-pandemic recovery:
1. Targeted subsidies that benefit the poor
2. Public investment to build resilience in the long term;
3. Revenue mobilisation that should rely on progressive direct taxation rather than indirect taxes
Conclusion
- India’s fiscally prudent policies had ensured the wealthy state but poor people. However, we must not see India’s story in isolation. Despite the good fiscal packages developed country like UK, USA are heading towards recession. Though sluggish, India has done well to maintain positive growth trajectory but this positive growth must include the growth of the poor as well.
Mains Question
Q.How fiscal policy can impact the poverty? What are the government initiatives to uplift the poor?
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: jurisprudence of bail
What is Bail?
- Bail is the conditional release of a defendant with the promise to appear in court when required.
- The term also means the security that is deposited in order to secure the release of the accused.
Types of Bail in India
- Depending upon the sage of the criminal matter, there are commonly three types of bail in India:
- Regular bail: A regular bail is generally granted to a person who has been arrested or is in police custody. A bail application can be filed for the regular bail under section 437 and 439 of CrPC.
- Interim bail: This type of bail is granted for a short period of time and it is granted before the hearing for the grant of regular bail or anticipatory bail.
- Anticipatory bail: Anticipatory bail is granted under section 438 of CrPC either by session court or High Court. An application for the grant of anticipatory bail can be filed by the person who discerns that he may be arrested by the police for a non-bailable offense.
Conditions for Grant of Bail in Bailable Offences
- Section 436 of the Code of Criminal Procedure, 1973, lays down that a person accused of a bailable offense under IPC can be granted bail if:
- There are sufficient reasons to believe that the accused has not committed the offence.
- There is sufficient reason to conduct a further inquiry in the matter.
- The person is not accused of any offence punishable with death, life imprisonment or imprisonment up to 10 years.
Conditions for Grant of Bail in Non-Bailable Offences
- Section 437 of Code of Criminal Procedure, 1973 lays down that the accused does not have the right to apply for bail in non-bailable offences.
- It is discretion of the court to grant bail in case of non-bailable offences if:
- The accused is a woman or a child, bail can be granted in a non-bailable offence.
- There is a lack of evidence then bail in non-Bailable offenses can be granted.
- There is a delay in lodging FIR by the complainant, bail may be granted.
- The accused is gravely sick.
What is the recent ruling about?
- The Supreme Court underlined that arrest is a draconian measure that needs to be used sparingly.
- The ruling is essentially a reiteration of several crucial principles of criminal procedure.
Why bail needs reform?
- Huge pendency of undertrials: Referring to the state of jails in the country, where over two-thirds lodged are undertrials,
- Indiscriminate arrests: Of this category of prisoners, majority may not even be required to be arrested despite registration of a cognizable offense, being charged with offenses punishable for seven years or less.
- Disadvantageous for some sections: They are not only poor and illiterate but also would include women. Thus, there is a culture of offense being inherited by many of them.
- Colonial legacy: Theoretically, the court also linked the idea of indiscriminate arrests to magistrates ignoring the rule of “bail, not jail” to a colonial mindset.
What is the law on bail?
- The CrPC does not define the word bail but only categories offences under the Indian Penal Code as ‘bailable’ and ‘non-bailable’.
- The CrPC empowers magistrates to grant bail for bailable offences as a matter of right.
- This would involve release on furnishing a bail bond, without or without security.
And what is the UK law?
- The Bail Act of the United Kingdom, 1976, prescribes the procedure for granting bail.
- A key feature is that one of the aims of the legislation is “reducing the size of the inmate population”.
- The law also has provisions for ensuring legal aid for defendants.
- The Act recognises a “general right” to be granted bail.
What has the Supreme Court held on reforms?
The court’s ruling is in the form of guidelines, and it also draws the line on certain procedural issues for the police and judiciary:
- Separate law on Bail: The court underlined that the CrPC, despite amendments since Independence, largely retains its original structure as drafted by a colonial power over its subjects.
- Uniform exercise of discretionary powers: It also highlighted that magistrates do not necessarily
- Avoid indiscriminate arrests: The SC also directed all state governments and Union Territories to facilitate standing orders to comply with the orders and avoid indiscriminate arrests.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Tenth Schedule
Mains level: Paper 2- Exemptions to anti-defection laws
Context
In its verdict in the Goa MLAs case, Bombay High Court has misread the 10th schedule of the Constitution, which was meant to prevent horse trading among legislators.
Understanding the Paragraph (4) of Tenth Schedule
- Paragraph (4) is an exception to the Tenth Schedule’s main provisions.
- It operates only when the defectors’ original political party has merged with the party to which they have defected and two-thirds of the members of the legislature belonging to that party have agreed to the merger.
- Under this provision, the merger of the original political party has to take place first, followed by two-thirds of the MLAs agreeing to that merger.
- The basic premise of the February 25 judgment is that sub-paragraph (2) is distinct from the parent paragraph, and a factual merger of the original political party is not necessary.
- This does not square with the content, context and thrust of paragraph (4), which contemplates the factual merger of the original political party — in this case, the INC.
- The court’s view — the merger of the 10 MLAs of the Congress Legislative Party with the BJP should be regarded as the Congress itself merging with the BJP — goes against the letter and spirit of the Tenth Schedule, paragraph (4) in particular.
Process for the merger: 2 conditions need to be satisfied
- 1] Merger alone is not enough: The opening words of sub-paragraph (2) — “for the purposes of sub-paragraph (1) of this paragraph” — clearly mean that to exempt a member from disqualification on account of defection, and for considering this member’s claim that he has become a member of the party with which the merger has taken place, a merger of two political parties alone is not enough.
- 2] Not less than 2/3 members should also agree: Not less than two-thirds of the members should also agree to such a merger.
- The lawmakers made it tough for potential defectors to defect.
- The words “such merger” make it clear beyond any shadow of doubt that the merger of the original political party has to take place before two-thirds of the members agree to such a merger.
- The members of the legislature cannot agree among themselves to merge as the court has said, but they can agree to a merger after it takes place.
Conclusion
The anti-defection law was designed to eliminate political defection. However, the judgment of the Bombay HC seems to assume that paragraph (4) of the 10th schedule is meant to facilitate defection. This judgment is likely to open the flood gates to defection. The Supreme Court must intervene quickly.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: GHG from agriculture
Mains level: Paper 3- Moving toward net-zero agriculture
Context
In the backdrop of the 2070 carbon neutrality target set by India at the CoP26 in Glasgow, the Union Budget for 2022-23 has listed “climate action” and “energy transition” as one of the four priorities for the Amrit Kaal.
Climate related announcement in Budget 2022-23
- An additional allocation of Rs 19,500 crore for solar PV modules has been made.
- The finance minister also talked of co-firing of 5-7 per cent of biomass pellets in thermal power plants, “sovereign green bonds” and a “battery-swapping policy”.
- These are positive steps towards making the energy and transport sectors less polluting.
How agriculture impact environement
- Agriculture contributes 73 per cent of the country’s methane emissions.
- Third largest emitter: India has kept away from the recent EU-US pledge to slash methane emissions by 30 per cent by 2030, despite the country being the world’s third largest emitter of methane.
- As per the national GHG inventory, the agriculture sector emits 408 MMT of carbon-dioxide equivalent and rice cultivation is the third highest source (17.5 per cent) of GHG emissions in Indian agriculture after enteric fermentation (54.6 per cent) and fertiliser use (19 per cent).
- Paddy fields are anthropogenic sources of atmospheric nitrous oxide and methane, which have been reckoned as 273 and 80-83 times more powerful than carbon dioxide in driving temperature increase in 20 years’ (Sixth Assessment Report IPCC 2021).
- Moreover, paddy fields require about 4,000 cubic metres of water per tonne of rice for irrigation.
- There is scientific evidence that intermittent flooding reduces water and methane emissions but increases nitrous oxide emissions.
- Thus, lowering of methane emissions through controlled irrigation does not necessarily mean net low emissions.
- Role of subsidies and procurement policies: The environmental damage caused by agriculture is largely a result of the various kinds of subsidies — on urea, canal irrigation and power for irrigation — as well as the minimum support prices (MSP) and procurement policies concentrated on a few states and largely on two crops, rice, and wheat.
Excess rice and wheat stock
- As of January 1, the stocks of wheat and rice in the country’s central pool were four times higher than the buffer stocking requirement.
- Rice stocks with the Food Corporation of India (FCI) are seven times the buffer norms for rice.
- The financial value of these excessive grain stocks is Rs 2.14 lakh crore, of which Rs 1.66 lakh crore is because of excess rice stocks — as per the economic cost of rice and wheat given by the FCI.
- All this does not just reflect inefficient use of scarce capital, the amount of greenhouse gases (GHG) embedded in these stocks is also large.
Way forward
- Carbon tax: According to the IMF, the world needs a carbon tax of $ 75 per tonne by 2030 to reduce emissions to a level consistent with a 2 degree Celsius warming target.
- India does not have an explicit carbon-price yet, but many countries have begun to implement carbon pricing.
- Revisiting policies: The Economic Survey 2021-22 points out that the country is over-exploiting its ground water resource (see map), particularly in the northwest and some parts of south India.
- This calls for revisiting policies to subsidise power and fertilisers, MSP and procurement and reorient them towards minimising GHG emissions.
- Farmer groups and the private sector can be mobilised to develop carbon markets in agriculture, both at the national and international levels, which can reward farmers in cash for switching from carbon-intensive crops to lower GHG emissions.
Consider the question “Elaborate on the impact of agriculture on the environment. Suggest the changes needed in Indian agriculture policies to reduce the impact.”
Conclusion
Such a move towards “net-zero” agriculture will give India a “climate smart” agriculture in Amrit Kaal. And, if we can protect productivity levels with a low-carbon footprint, it will help India to access global markets too.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Law Commission of India
Mains level: Role of Law Commission in Legal Reforms
The Government has informed the Supreme Court that the appointment of Chairperson and Members of the 22nd Law Commission of India is under consideration.
Why in news?
- The setting up of the 22nd Law Commission was constituted by the Government on February 21, 2020.
- However, no progress has been made in the appointments till date.
- The Government invoked the ‘doctrine of separation of power’, which says that one arm of governance should not encroach into that of another.
Issues over appointment
- The last chairman of the law commission was retired Supreme Court judge, Justice B.S. Chauhan, who completed his tenure on 31 August 2018.
- Subsequently, the Commission has not been reconstituted.
- In February 2020, the Government of India announced its intention to reconstitute the Commission with no visible progress.
About Law Commission
- Law Commission of India is a currently-defunct executive body established by an order of the Government of India.
- The Commission’s function is to research and advise the GoI on legal reform, and is composed of legal experts, and headed by a retired judge.
- The commission is established for a fixed tenure and works as an advisory body to the Ministry of Law and Justice.
- The last chairman of the Commission retired in August 2018, and since then, it has not been reconstituted.
Colonial Background
- The first Law Commission was established during colonial rule in India, by the East India Company under the Charter Act of 1833.
- It was then presided by Lord Macaulay.
- After that, three more Commissions were established in pre-independent India.
Post-Independence functioning
- The first Law Commission of independent India was established in 1955 for a three-year term.
- Since then, twenty-one more Commissions have been established.
Major reforms undertaken
- The First Law Commission under Macaulay Itsuggested various enactments to the British Government, most of which were passed and enacted and are still in force in India.
- These include the Indian Penal Code (first submitted in 1837 but enacted in 1860 and still in force), Criminal Procedure Code (enacted in 1898, repealed and succeeded by the Criminal Procedure Code of 1973), etc.
- Thereafter three more Law Commissions were established which made a number of other recommendations the Indian Evidence Act (1872) and Indian Contract Act (1872), etc. being some of the significant ones.
Role in legal reforms
The Law Commission has been a key to law reform in India.
- Its role has been both advisory and critical of the government’s policies
- In a number of decisions, the Supreme Court has referred to the work done by the commission and followed its recommendations.
- The Commission seeks to simplify procedures to curb delays and improve standards of justice.
- It also strives to promote an accountable and citizen-friendly government that is transparent and ensures the people’s right to information.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: BSF
Mains level: India's border security
The Ministry of Home Affairs (MHA) has extended the jurisdiction of the Border Security Force (BSF) up to 50 km inside the international borders in Punjab, West Bengal and Assam.
Do you know?
BSF currently stands as the world’s largest border guarding force. It has been termed as the First Line of Defence of Indian Territories.
About Border Security Force (BSF)
- The BSF is India’s border guarding organization on its border with Pakistan and Bangladesh.
- It comes under the Ministry of Home Affairs.
- It was raised in the wake of the 1965 War on 1 December 1965 for ensuring the security of the borders of India and for matters connected therewith.
- The BSF has its own cadre of officers but its head, designated as a Director-General (DG), since its raising has been an officer from the Indian Police Service (IPS).
What are the new modifications?
- The MHA has exercised the powers under the Border Security Force Act of 1968.
- It has thus outlined the area of BSF’s jurisdiction.
- While the places marked here are within 50 km of the respective borders, this is not meant to represent the BSF’s jurisdiction.
- At the same time, the Ministry has reduced BSF’s area of operation in Gujarat from 80 km from the border, to 50 km.
Powers exercised by BSF in its jurisdiction
BSFs jurisdiction has been extended only in respect of the powers it enjoys under:
- Criminal Procedure Code (CrPC)
- Passport (Entry into India) Act, 1920 and
- Passport Act, 1967
Arrest and search
- BSF currently has powers to arrest and search under these laws.
- It also has powers to arrest, search and seize under the NDPS Act, Arms Act, Customs Act and certain other laws.
Its powers under these will continue to be only up to 15 km inside the border in Punjab, Assam and West Bengal, and will remain as far as 80 km in Gujarat.
Sanctions behind such powers
- Scarcely populated borders: At that time, border areas were sparsely populated and there were hardly any police stations for miles.
- Trans-border crimes: To prevent trans-border crimes, it was felt necessary that BSF is given powers to arrest.
- Manpower crunch: While police stations have now come up near the border, they continue to be short-staffed.
Various issues at Borders
- Encroachment
- Illegal incursion
- Drug and cattle smuggling
Why has the government extended the jurisdiction?
- The objective of the move is to bring in uniformity and also to increase operational efficiency. Earlier BSF had different jurisdictions in different states.
- BSF often gets information relating to crime scenes that may be out of their jurisdiction.
- The move was also necessitated due to increasing instances of drone-dropping of weapons and drugs.
Impact on State Police jurisdiction
- This move will complement the efforts of the local police. Thus, it is an enabling provision.
- It’s not that the local police can’t act within the jurisdiction of the BSF.
- The state police have better knowledge of the ground. Hence BSF and local Police can act in cooperation.
Criticism of the move
- At a basic level, the states can argue that law and order is a state subject and enhancing BSF’s jurisdiction infringes upon powers of the state government.
- In 2012, then Gujarat CM and the present PM had opposed a central government moves to expand BSF’s jurisdiction.
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From UPSC perspective, the following things are important :
Prelims level: Iron Dome
Mains level: Paper 3- Iron Dome rocket defence system
Context
- Amid the Israel-Palestine conflict, the night sky over Israel has been ablaze with interceptor missiles from Iron Dome shooting down the incoming rockets in the sky.
What is Iron Dome?
- Iron Dome is a multi-mission system capable of intercepting rockets, artillery, mortars and Precision Guided Munitions as well as aircraft, helicopters and Unmanned Aerial Vehicles (UAV) over short ranges of up to 70 km.
- It is an all-weather system and can engage multiple targets simultaneously and can be deployed over land and sea.
- Iron Dome is jointly manufactured by Rafael Advanced Systems and has been in service with Israeli Air Force since 2011.
- The radar system was developed by Elta.
Working of Iron Dome
- An Iron Dome battery consists of a battle management control unit, a detection and tracking radar and a firing unit of three vertical launchers, with 20 interceptor missiles each.
- The interceptor missile uses a proximity fuse to detonate the target warhead in the air.
- One of the system’s important advantages is its ability to identify the anticipated point of impact of the threatening rocket, to calculate whether it will fall in a built-up area or not, and to decide on this basis whether or not to engage it.
- This prevents unnecessary interception of rockets that will fall in open areas and thus not cause damage, the paper states.
- The system has intercepted thousands of rockets so far and, according to Rafael Advanced Systems, its success rate is over 90%.
Limitations of the system
- The system can see limitations when it is overwhelmed with a barrage of projectiles.
- The system has a ‘saturation point’.
- It is capable of engaging a certain number of targets at the same time, and no more.
- One of the possible limitations is the system’s inability to cope with very short range threats as estimates put the Iron Dome’s minimum interception range at 5-7 kilometres.
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