THE POST OFFICE AMENDMENT BILL, 2023: BEYOND REASONABLENESS?

THE CONTEXT: The Post Office Amendment Bill, 2023, was recently introduced in the Rajya Sabha during the special session of Parliament.

PROVISIONS OF THE BILL:

The Bill proposes to replace the Indian Post Office Act of 1898, which was enacted to consolidate and amend laws relating to post offices in India.

Exclusive privileges of the central government: The Act provides that wherever the central government establishes posts, it will have the exclusive privilege of conveying letters by post, as well as incidental services such as receiving, collecting, sending, and delivering letters. The Bill does not provide for such privileges. The Act provides for the issuance of postage stamps as per the prescribed Rules. The Bill also states that India Post will have the exclusive privilege of issuing postage stamps.
Services to be prescribed: The Act specifies the services provided by India Post to include: (i) delivery of postal articles including letters, postcards, and parcels, and (ii) money orders. The Bill provides that India Post will provide services as may be prescribed by the central government.
Powers to intercept postal articles: The Act allows interception of an article being transmitted through post on certain grounds. An interception may be carried out on the occurrence of any public emergency or in the interest of public safety or tranquillity. Such interceptions may be carried out by the central government, state governments, or any officer specially authorised by them.

The Bill instead provides that interception of an article being transmitted through post may be carried out on the following grounds:

1. Security of the state
2. Friendly relations with foreign states
3. Public order
4. Emergency
5. Public safety
6. Contravention of the provisions of the Bill or any other laws.
An officer empowered by the central government through a notification may carry out interception.
Director General to make regulations regarding services: The Act, as well as the Bill, provides for the appointment of the Director General of Postal Services. Under the Act, the Director General has powers to decide the time and manner of delivery of postal services. The Bill provides that the Director General may make regulations regarding any activity necessary to provide postal services.
Examination of postal articles prohibited under law or liable for duty: Under the Act, an officer in charge may examine a postal article if he suspects that it contains goods which are prohibited, or are liable to be paid duty upon. The Bill removes the powers of examination. It instead provides that in such cases, the central government may empower an officer of India Post to deliver the postal article to the customs authority or any other specified authority.
Exemptions from liability: The Act exempts the government from any liability related to the loss, mis-delivery, delay, or damage to a postal article. This does not apply where the liability is undertaken by the central government in express terms. Officers are also exempt from such liability unless they have acted fraudulently or wilfully. The Bill retains these exemptions. It also provides that the central government may prescribe liability with regard to services by India Post under the Rules.
Removal of offences and penalties: The Act specified various offences and penalties, all of which were removed by the Jan Vishwas (Amendment of Provisions) Act, 2023. For instance, theft, misappropriation, or destruction of postal articles by an officer of the Post Office was punishable with imprisonment up to seven years and a fine. Sending certain prohibited items through post was punishable with imprisonment up to one year, a fine, or both. The Bill does not provide for any offences or consequences, except one. Amounts not paid by a user will be recoverable as arrears of land revenue.

ISSUES:

Potential misuse of power: There is absence of clear standards for state interference in the postal department. This raises concerns about the potential misuse of power by the authorities. The Bill allows the authority to arbitrarily scrutinize and seize postal articles without concrete evidence.
Vague procedure: The grounds specified for interception are so vague that the government can bring in anything and everything under the same. Thus, it confers unlimited power on the Central government and postal officers.
Undermines accountability: The exemption granted to postal officers from liability for any mishaps during the delivery process undermines the accountability and efficiency of the postal services. The Bill thus incites serious doubts with regard to the privacy of citizens and the efficiency of postal services.
Violation of fundamental rights: Non-prescription of penalty for opening postal articles against the provisions of the Bill can have severe implications on the right to privacy of stakeholders. It is in clear violation of freedom of speech and expression [Article 19 (1) (a)], the right to privacy (Article 21) and subsequent violation of the right to equality (Article 14) under the Constitution of India.
Absolute exemption: The Bill also exempts the liability for lapses of postal officers and confers the power to prescribe liability through rules framed by the Central government, which administers the postal department. This can lead to misuse of power.

THE WAY FORWARD

Clearance on Vagueness:There is a need to have a clarification of the vagueness in the Bill and that needs to be sort out with stakeholders’ consultation.
Ease with Facilitation:There is a need of technological intervention in postal services to ease the process of sorting and facilitating accurate delivery of mails and parcels. For example this may include delivery of parcels by drone. This can lead to expansion of services, futuristic postal delivery for a better system.
Rule of law: The non-arbitrariness is essential to ensure the rule of law and as the Bill is in violation of Articles 14, 19 and 21 of the Constitution of India, the state actions need to be based on valid relevant principles.

THE CONCLUSION:

The Post Office Bill 2023 represents a vital step toward modernizing India’s postal services to align with contemporary needs. However, there are few concerns in the Bill that needs to be adequately addressed to make it a hub for various citizen-centric services.

PREVIOUS YEAR QUESTION

Q. “Recent amendments to the Right to Information Act will have a profound impact on the autonomy and independence of the Information Commission”. Discuss. (2020)

MAINS PRACTICE QUESTION

Q. Discuss the provisions of the Post Office Amendment Bill, 2023. Is it leading to the reduction in accountability and transparency in the postal department of the country? Examine.

SOURCE: https://www.barandbench.com/columns/the-post-office-amendment-bill-2023-beyond-reasonableness

ARE SOUTHERN STATES BEING PUNISHED FOR THEIR SUCCESS?

THE CONTEXT: There are concerns regarding the potential danger of political disenfranchisement in the South when the delimitation freeze ends in 2026 and the tussle over the distribution of Central taxes as well.

ISSUES ARISING:

The decline in the share of resources: There is a drastic decline in the share of resources distributed to the South, and it is contented that the devolution of funds by the finance commission work against the Southern states. Inter-State distribution is based on two factors: State’s share in the total population and the income distance ratio. On both these counts, the south loses out. For example, in the case of Kerala, it was 3.8% during the 10th Finance Commission, now, it is 1.9%.
Issue of unspent cash: Despite government relaxing the borrowing limits for States, there is a strange issue of unspent cash balances. Fiscal Responsibility and Budget Management (FRBM) Act is structured as such that states don’t want to spend money on revenue expenditure and poorer States were the biggest depositories of these funds.
Delimitation issue: There is rising issue related to delimitation as it can lead to shift in political power balance within the federal polity. Article 81 of the Constitution says that each State should have seats in proportion to the population and that constituencies should roughly have the same population. The delimitation of constituencies would lead to a decline in their representation in Parliament. This is a serious issue and it can have devastating consequences, marginalising the southern States in the political sphere.

THE WAY FORWARD

No penalisation: The States which have successfully implemented the national policies cannot be penalised for their success. There is a need to identify the points where intervention is required so that the union does not tilt towards an unbalanced and disastrous course of development or move in a direction which could lead to fragmentation.
Ensure Equity: Inter-state transfers would have to have a component of equity. The richer States and regions, though have to contribute to the development of the States which are backward, but the redistributive transfers must be within a certain limit. The equity principle has to be kept in the calculation in the sense that there is a certain number of cross transfers and redistribution across the federal polity.
Devolution of sources: The terms of reference of the 16th Finance Commission are due soon and it is the time that a voice is raised for involving the States. There should be a strong effort to ensure that the next Finance Commission has terms of reference which take cognisance of the problems that the federal policy is facing. For example, if the population basis is being shifted from 1971 to a new figure, the weightage of the population can be adjusted. States must get a space and voice in the decision-making of federal finance.
Reasonable distribution of seats: There is a need of reasonable distribution of seats by increasing the total number of seats in the parliament to ensure adequate representation of the states.

THE CONCLUSION:

After the proposed delimitation there may be inequitable distribution of seats which will not be in favour of southern states. Thus, there is a need for effective distribution of seats and equitable distribution of funds among all the states instead for a federal balance.

PREVIOUS YEAR QUESTIONS

Q.1 Discuss the main objectives of Population Education and point out the measures to achieve them in India in detail. (2021)

Q.2 How far do you think cooperation, competition and confrontation have shaped the nature of federation in India? Cite some recent examples to validate your answer. (2020)

MAINS PRACTICE QUESTION

Q. The upcoming delimitation exercise has raised concerns about the unequal representation of states in the Lok Sabha. What impacts can it have on the federal relations of the country?

Please refer to MAINS FOCUS article for more: https://blog.lukmaanias.com/2023/10/06/retribution-for-the-south-accolade-for-the-north/

SOURCE: https://www.thehindu.com/opinion/op-ed/are-southern-states-being-punished-for-their-success/article67439076.ece

TOP 5 TAKKAR NEWS OF THE DAY (24th OCTOBER 2023)

1. SOUTHERN OCEAN AROUND THE ANTARCTICA

TAG: GS 3: ENVIRONMENT AND ECOLOGY

THE CONTEXT: More than 200 scientists from 19 Countries warned that the Southern Ocean around Antarctica is in trouble.

EXPLANATION:

The Southern Ocean around Antarctica has been warming for decades, however the annual extent of winter sea ice seemed relatively stable as compared to the Arctic. In some areas Antarctic Sea ice was even increasing.
In 2016, everything changed, the annual extent of winter sea ice stopped increasing. Now we have had two years of record lows.
In response to these changes, the international scientific community launched the first-ever marine ecosystem assessment for the Southern Ocean in 2018.
The report is modelled after the Intergovernmental Panel on Climate Change (IPCC), the resulting “summary for policymakers” serves as a comprehensive report akin to an IPCC assessment but focused specifically on the Southern Ocean.

Importance of sea ice:

Sea ice is to life in the Southern Ocean as soil is to a forest. It is the foundation for Antarctic marine ecosystems.
It plays a fundamental role in the food chain, providing sustenance to krill, small fish, phytoplankton, and various species like penguins, seals, and whales.
Its decline poses a significant threat to these fragile ecosystems.

The Need for Better Information:

The management bodies under the Antarctic Treaty System responsible for the Southern Ocean urgently require improved information to guide decision-making regarding the conservation and protection of this vital region.
The assessment aims to fill this information gap and provide guidance for future policies.

Findings of report:

The Southern Ocean’s habitats, from the surface ice to the depths of the sea, are undergoing significant changes.
Warming oceans, reduced sea ice, glacier melt, ice shelf collapses, increasing acidity, and human activities such as fishing are impacting various aspects of the ocean and its inhabitants.
Important foundation species such as Antarctic krill are likely to decline with consequences for the whole ecosystem.
The assessment stresses climate change is the most significant driver of species and ecosystem change in the Southern Ocean and coastal Antarctica.

Way forward:

Reduce carbon emissions: Climate change is the biggest threat to the Southern Ocean. By reducing carbon emissions, we can help to slow down the warming of the ocean and reduce the impacts of climate change.
Reduce plastic pollution: Plastic pollution is a major problem in the Southern Ocean. We can reduce our plastic pollution by avoiding single-use plastics and recycling whenever possible.
Support research and conservation efforts: We need to learn more about the Southern Ocean and its ecosystems in order to protect them. We can support research and conservation efforts by donating to environmental organizations or volunteering our time.

Source:https://science.thewire.in/environment/more-than-200-scientists-from-19-countries-warn-the-southern-ocean-is-in-trouble/

2. PRADHAN MANTRI ANUSUCHIT JAATI ABHYUDAY YOJANA (PM-AJAY)

TAG: GS 2: SOCIAL JUSTICE

THE CONTEXT: Under Adarsh Gram Component, a total of 1260 villages have been declared as Adarsh Gram during the current FY 2023-24.

EXPLANATION:

About the scheme:

Pradhan Mantri Anusuchit Jaati Abhyuday Yojana (PM-AJAY) is the combination of three schemes. It has been implemented since 2021-22.
These schemes are Centrally Sponsored Scheme namely Pradhan Mantri Adarsh Gram Yojana (PMAGY), Special Central Assistance to Scheduled Castes Sub Plan ( SCA to SCSP) and Babu Jagjivan Ram Chhatrawas Yojana(BJRCY).

The objectives of the Scheme:

To reduce poverty of the SC communities by generation of additional employment opportunities through skill development, income generating schemes and other initiatives.
To improve socio-economic developmental indicators by ensuring adequate infrastructure and requisite services in the SC dominated villages.
To increase literacy and encourage enrolment of SCs in schools and higher educational institutions by providing adequate residential facilities in quality institutions, as well as residential schools where required.

Components of the scheme:

Development of SC dominated villages into an Adarsh Gram.
Grants-in-aid for District and State-level Projects for socio-economic betterment of SCs that may include creation of infrastructure in SC dominated villages including those selected under Adarsh Gram component, construction of hostels or residential schools, Comprehensive Livelihood Projects which may include components such as Skill development, etc.
Construction of Hostels in higher educational institutions which are top ranked as per the National Institutional Ranking Framework (NIRF) of Government of India and are funded by the Centre or State Governments either fully or partially.

Challenges:

There is a lack of awareness about the scheme among SCs. This is a challenge that needs to be addressed in order to ensure that SCs are able to benefit from the scheme.
The submission of an Annual Action Plan by the States was made mandatory despite that states are not submitting reports on time.
The scheme is complex, and it will be challenging to implement it effectively. This is a challenge that needs to be addressed in order to ensure that the scheme meets its objectives.
The proposal for enhancement of the Subsidy from Rs. 10000 to Rs 50000 under the income generation component could not be implemented due to pending approval of Cabinet from 2018-19.
The meager subsidy of Rs. 10000 per beneficiary under the Income Generation Activities which form a major component of the Scheme is not able to incentivize the process and lacking in adoption of the Scheme at the beneficiary level.
It has also been observed, that due to non-release of funds by the State Treasuries to the implementation Departments has resulted in the poor implementation during Pandemic situation prevailing in the Country.
Sometimes poor budgetary planning at the State level is also resulting in the non-release of the funds by the State Treasury to the implementation Departments like in Karnataka.

Way forward:

The Monitoring of the Scheme implementation has been enhanced and regular follow-up through VC/WhatsApp is being done with States/UTs.
Performance report should be released on time. The states which perform poorly should be reported. For example, Bihar, Punjab, Haryana, Rajasthan, Uttarakhand, and Maharashtra are performing poorly at the moment.
For proper planning and implementation of the Scheme through developing websites which have facility for need based decentralized planning, proposal preparation, its appraisal, submission, evaluation, approval and implementation along with financial tracking.
Beneficiaries can avail benefits under the Skill Development and Income Generation Components would also be brought under the proposed portal.

Source: https://www.pib.gov.in/PressReleasePage.aspx?PRID=1970043

3. LOK SABHA ETHICS COMMITTEE

TAG: GS 2: POLITY

THE CONTEXT: Trinamool Congress (TMC) member of parliament Moitra is facing inquiry by Lok Sabha Ethics Committee over bribery and misconduct allegations.

EXPLANATION:

The Lok Sabha Ethics Committee received an affidavit from a businessman who alleged that he paid a member of parliament to raise questions in Parliament on his behalf.
Lok Sabha Ethics Committee was constituted in 2000, but it became a permanent feature of the House only in 2015.

Committee on Ethics:

As per the Rules of the House, there will be a Committee on Ethics consisting of not more than fifteen members.
The Committee will be nominated by the Speaker and shall hold office for a term not exceeding one year.

Functions of Committee on Ethics:

The Committee shall:

- examine every complaint relating to unethical conduct of a member of Lok Sabha referred to it by the Speaker and make such recommendations as it may deem fit.
- formulate a Code of Conduct for members and suggest amendments or additions to the Code of Conduct from time to time.

Procedure of inquiry:

On a matter being referred to the Committee, a preliminary inquiry shall be conducted by the Committee.
If the Committee, after a preliminary inquiry, is of the opinion that there is no prima facie case, it may recommend that the matter may be dropped and the Chairperson shall intimate the Speaker accordingly.
If the Committee, after preliminary inquiry, is of the opinion that there is a prima facie case, the Committee shall take up the matter for further examination.
The Committee may lay down procedures, from time to time, for examination of matters referred to it.

Report of the committee:

The recommendations of the Committee shall be presented in the form of a report.
The report shall be presented to the Speaker who may direct that the report be laid on the Table of the House.
The report of the Committee may also state the procedure to be followed by the House in giving effect to the recommendations made by the Committee.

Source:https://theprint.in/theprint-essential/lok-sabha-ethics-committee-looking-into-mahua-moitra-case-how-it-was-formed-what-are-its-powers/1813301/

4. CYCLONE IN ARABIAN SEA AND BAY OF BENGAL

TAG: GS 1: GEOGRAPHY

THE CONTEXT: According to the India Meteorological Department (IMD), the weakening of Cyclone Tej in the Arabian Sea might have strengthened its counterpart Cyclone Hamoon across Peninsular India in the Bay of Bengal.

EXPLANATION:

The Indian subcontinent is currently experiencing a rare meteorological event as two cyclones, Cyclone Hamoon and Cyclone Tej, simultaneously moving in the Indian Ocean.
It is after 5 years that the marginal seas of the Indian Ocean are together witnessing cyclones.
The last time such a phenomenon took place was in 2018, when Cyclones Luban and Titli formed over the Arabian Sea and Bay of Bengal respectively.
In twin cyclonic systems like these, when one cyclone weakens and shifts, the other often becomes stronger.
Factors such as a reduced influx of warm air as the cyclone moves away from the coast and potentially higher sea surface temperatures in its current location contribute to intensification of Hamoon.

Tropical cyclones: Tropical cyclones are violent storms that originate over oceans in tropical areas and move over to the coastal areas bringing about large-scale destruction caused by violent winds, very heavy rainfall and storm surges. Tropical cyclones originate and intensify over warm tropical oceans.

The conditions favourable for the formation and intensification of tropical storms are:
- Large sea surface with temperature higher than 27° C.
- Presence of the Coriolis force.
- Small variations in the vertical wind speed.
- A pre-existing weak low-pressure area or low-level-cyclonic circulation.
- Upper divergence above the sea level system.
The energy that intensifies the storm, comes from the condensation process in the towering cumulonimbus clouds, surrounding the centre of the storm. With continuous supply of moisture from the sea, the storm is further strengthened.
On reaching the land the moisture supply is cut off and the storm dissipates. The place where a tropical cyclone crosses the coast is called the landfall of the cyclone.
The cyclones, which cross 20o N latitude generally, recurve and they are more destructive.

Source:https://www.downtoearth.org.in/news/climate-change/weakening-of-tej-in-arabian-sea-might-have-strengthened-hamoon-in-bay-of-bengal-imd-expert-92453

5. FOREST CONSERVATION ACT, 2023

TAG: GS 3: ENVIRONMENT AND ECOLOGY

THE CONTEXT: Conservationists challenged that Forest (Conservation) Amendment Act 2023 is in violation of several fundamental rights guaranteed under the constitution.

EXPLANATION:

A group of former civil servants and conservationists has taken the bold step of challenging the constitutionality of the Forest (Conservation) Amendment Act 2023 in the Supreme Court of India.
Their petition urges the court to declare the new amendment “null and void,” citing violations of fundamental rights enshrined in the Indian Constitution and established principles of Indian environmental jurisprudence.

Challenges against the Act:

It alleges that the Amendment Act violates several fundamental rights guaranteed under the Indian Constitution.
- The petition specifically cites the violation of Article 21, which guarantees the right to live in a pollution-free environment.
- Article 14: The right to equality, implying that the state must treat environmental protection matters fairly.
- Article 48A: The state’s responsibility for protecting and improving the environment and safeguarding forests and wildlife.
- Article 51A(G): The duty of every citizen to protect and improve the natural environment, including forests.
The petition argues that the new Act violates established principles of Indian environmental jurisprudence.
It points out that the amendment introduces a regulatory regime that facilitates “unrestricted deforestation” and changes the entire object and purpose of the Forest Conservation Act.
It also mentions that the Amendment Act contradicts a 1996 Supreme Court order that permitted the recognition and protection of forest lands based on functional definitions, not just official records.
The petition further alleges that the Union Environment Ministry provided “false and incomplete” information to the Joint Parliamentary Committee (JPC).
The JPC accepted these submissions without rigorous scientific examination or scrutiny of the documents. Despite numerous concerns raised by experts and conservationists, the JPC did not address these issues adequately.

The Forest (Conservation) Amendment Act, 2023:

The Forest (Conservation) Amendment Act, 2023, has replaced the existing Forest (Conservation) Act, 1980.
The primary objective of the Act is to address certain ambiguities in the Forest (Conservation) Act, 1980 and introduce exemptions to expedite infrastructure development projects.

Features of Forest (Conservation) Amendment Act 2023:

Land Under the Act: The Act applies to two types of land.
- Land declared as a forest under the Indian Forest Act, 1927, or any other law.
- Land not initially declared as a forest but officially marked as a forest after October 25, 1980.
- The Act does not apply to land that was changed from forest use to non-forest use before December 12, 1996, by authorized state or union territory authorities.

Exemptions:
- Certain types of land are exempt from the Act, such as forest land near government-maintained rail lines or public roads leading to habitation areas. Also, roadside amenities within a limited size.
- The Act offers exemptions for specific situations, like land within 100 km from international borders for national security projects, up to 10 hectares for security infrastructure, and up to five hectares for defense or public utility projects in left-wing extremism affected areas. Central government guidelines will determine these exemptions.

Leasing Forest Land:
- States need approval from the central government to assign forest land to any entity, not just those not owned or controlled by the government.
- The central government can specify terms and conditions for this approval.

Activities Allowed in Forest Land:
- The Act restricts changing forest land into non-forest use but allows exemptions with central government approval.
- Non-forest purposes include using land for things like farming horticultural crops or any purpose other than reforestation.
- However, the Act allows specific activities related to forest and wildlife conservation and management, like setting up check posts, fire lines, fences, and wireless communication, without restrictions.

Source:https://thewire.in/environment/constitutionality-of-forest-conservation-act-2023-challenged-in-sc-centre-to-respond-in-6-weeks

THE COURT’S ‘NO FUNDAMENTAL RIGHT TO MARRY’ IS WRONG

THE CONTEXT: In its latest judgment, with respect to same-sex marriage, the Supreme Court has stated that there is no fundamental right to marry.

RELATED KEY JUDGEMENTS:

Section 377 of the IPC: Section 377 IPC was a law made by the British, that criminalised sex between non-heterosexual couples was punishable with 10 years imprisonment. For decades, the LGBTQ community and others argued that this section was discriminatory, and provided legal protection to the harassment and intimidation of gay couples.
Navtej Singh Johar v. Union of India Case (2018): In September 2018, a five-judge bench of the Supreme Court unanimously decriminalized consensual sex between two adults irrespective of their gender and partially struck down Section 377 of the IPC. The court referred to those areas of the section that criminalized consensual unnatural sex as “irrational, indefensible and manifestly arbitrary”. However, in its ruling, the court also made it clear that other aspects dealing with unnatural sex with animals and children still remained in force, and that it was confining its order to consenting acts between two adults.
NALSA Case Judgement: The judgement was delivered by a two-judge bench comprising of Justice K.S. Radhakrishnan and Justice A.K. Sikri on 15th April 2014. The court held that transgenders fall within the purview of the Indian Constitution and thus are fully entitled to the rights guaranteed therein. The court made a distinction between biological sex and Psychological sex.

NEED FOR LEGALISATION:

Upheld by court judgement: It had also been held by the court in diverse decisions that in India a person is entitled to autonomy, dignity, privacy and the right to choose their own partners to live with or in marriage. Especially after Navtej Johar, it is logical to assume that they may prefer to develop a long-term relationship, including that of marriage.
Essentiality of marriage: Marriage brings along with it a host of advantages for the couple, including succession in the field of inheritance, adoption of children, taking decisions in case of hospitalisation, and benefits from employers. More than anything else, in the eyes of society, it sanctifies the relationship and gives it legitimacy. Without that legitimacy, LGBTQI communities are stigmatised.
Fundamental rights: The Supreme Court of India has read the right to be treated with dignity into Article 21. It is on that basis, that positive rights, including the rights to education, food, environment have been evolved. Thus, it is reasonable to develop the concept of the right to marry into Articles 19 and 21.
India signatory to Universal Declaration of Human Rights (UDHR): The Supreme Court has used the provisions of UDHR to elaborate rights under the Constitution. India, being a signatory to UDHR, must take steps to protect the human rights of same sex couples. Article 16 of the UDHR, 1948 provides that, “Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family’’.

ISSUES WITH COURT JUDGEMENT:

Violation of human rights: Under the UDHR, the right to marry is a human right .Ignoring the right to individual is violation of UDHR as India is an original signatory to the Universal Declaration of Human Rights (UDHR) and even Constitution was greatly influenced by the UDHR. As a signatory country to the UDHR, legislation by Parliament and State Legislatures in India must be in accord with the UDHR.
Reduces them to second class citizen: Not recognising marriage for same sex couples is not only discriminatory against them. The unintended consequence of the judgment in the larger society is that the notion that same-sex couples are “not fit for marriage” will be established and will reduce them to second-class citizens.
Issues with Supreme Court judgement: Though for transgender persons, the court holds that marriage between a trans-man and a cis-woman or between a transwoman and a cisman is legal. Thus, the court has rightly made the leap from biological sex to gender, which is self-identified in accordance with NALSA. But the court couldnot made the leap for from biological sex to sexual orientation.

THE WAY FORWARD:

Queer inclusive Policies: Legal and the law enforcement systems need to be on the issues of same sex marriages. Inclusive approach for queer couples must be planned and adopted by the Government and society.
Dialogue and Engagement: Engaging in a dialogue with religious leaders and communities can help bridge the gap between traditional beliefs and modern attitudes towards same-sex relationships. By working together, we can create a more inclusive society where everyone has the right to love and marry whomever they choose, regardless of their gender.
Sensitization: The Court must pass the directions to sensitise the authorities on this behalf and should set up committees to look into a number of issues to protect same-sex couples from any harassment.

THE CONCLUSION:

However, the flaw is fundamental which needs to be corrected, sooner than later. The sooner this wrong is set right, the better it would be for society as a whole. It requires constant efforts and collaboration from all stakeholders, including the LGBTQIA+ community, the government, civil society, and religious leaders.

PREVIOUS YEAR QUESTION

Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy. (2017)

MAINS PRACTICE QUESTION

The recent judgement on same-sex marriage is a violation of the fundamental rights of the queer community. Examine.

NOTE: Please refer to Mains focus article for more: https://blog.lukmaanias.com/2023/10/21/on-marriage-equality-the-supreme-court-stops-short/

SOURCE:https://www.thehindu.com/opinion/lead/the-courts-no-fundamental-right-to-marry-is-wrong/article67450210.ece#:~:text=There%20is%20no%20fundamental%20right%20to%20marry%2C%20it%20holds.,be%20protected%20from%20any%20harassment.

GOVERNMENT MOVE TO TURN GOVERNMENT OFFICERS INTO ‘RATH PRABHARIS’ STIRS STORM

THE CONTEXT: The recent circular issued by the ruling government at centre mentions deploying of government officers as rath prabharis. It is being done for celebrating the achievements of the last nine years of the government through the ‘Viksit Bharat Sankalp Yatra’ from November 20 to January 25 which draws criticism.

CONSTITUTIONAL PROVISIONS RELATED TO CIVIL SERVICES

• As per Articles 53 and 154, the executive power of the Union and the States vests in the President or Governor directly or through officers subordinate to him. These officers constitute the permanent civil service and are governed by Part XIV of the Constitution (Services under the Union and States (Article 308- 323)).
• Government of India (Transaction of Business) Rules: The manner in which the officers are required to help the President or Governor to exercise his/her executive functions is governed by these Rules.
• Article 309: Powers of Parliament and state legislatures – It empowers the Parliament and the State legislature regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State respectively.
• Article 310: Doctrine of Pleasure – Every person of Defence service, Civil Service and All India Service holding any post connected with the above services holds office during the pleasure of the President or Governor of the State.

RULES FOR CIVIL SERVANTS

Civil servants are governed under two sets of rules for the two types of services. These rules were framed based on recommendations of the Committee on Prevention of Corruption, headed by K.Santhanam. They are
1. The All India Services (AIS) Conduct Rules, 1968
2. Central Civil Services (CCS) Conduct Rules, 1964

ISSUES

• The historical context: On June 12, 1975, the Allahabad high court famously found the then prime minister, Indira Gandhi, guilty of misusing official machinery in the Congress party’s election campaign, leading to her disqualification from contesting any election for six years in a row. The current ruling government went against emergency and worked for restoring democracy. However, ironically, it is doing the work on similar lines.
• Violating model code of conduct: The circular were issued when the model code of conduct had already come into force and, as such, they amount to its brazen infringement, as they place the ruling government at an advantage vis-à-vis the political parties in opposition. This amounts to misuse of government machinery for activity that will influence elections.
• Blurring lines between civil services and politics: Using senior civil servants and defence personnel in special campaigns improperly in the context of electoral politics is blurring the line between civil service and politics. It is a matter of serious concern of mis-deployment of officers of the defence Forces for showcasing the current government’s achievements.
• Violation of Central Civil Services (Conduct) Rules, 1964: It is a clear violation of the Central Civil Services (Conduct) Rules, 1964, which directs that no government servant shall take part in any political activity. It is not acceptable to turn government officers into political affairs.
• Politicisation of soldiers: Ministry of Defence has issued guidelines to set up selfie points to ‘showcase good works being done’ and various schemes of the Central government by soldiers. Though the intention behind this initiative may be genuine but compelling the soldiers may not be in the interest of the institutional integrity of the armed forces.

THE WAY FORWARD:

• Facilitating democracy: The civil servants play a vital role in maintaining the democratic ideals by assisting their political heads (Ministers) in policy-making function and in implementing the policies made. But they should not be employed for a single party to ensure democratic character of the country.
• Independent and non-politicisation: It is essential that government machinery is kept out of politics and be independent for effective implementation of policies. Civil servant should actively participate in policy formulation and implementation by giving advice to ministers and providing them the necessary information.
• Socio economic development: Both government and bureaucrats must work for socio economic development of the nation for welfare goals by addressing the issues. It should be ensured to develop a sense of nationhood to serve the country that should be completely unbiased.

THE CONCLUSION:

The politicisation of civil servants and soldiers is not acceptable in a democratic country like India, and they must be kept independent and non-political. To protect our democracy and constitution, it is imperative that the orders must be withdrawn immediately.

PREVIOUS YEAR QUESTION

Resorting to ordinances has always raised concern on violation of the spirit of separation of powers doctrine. While noting the rationales justifying the power to promulgate ordinances, analyze whether the decisions of the Supreme Court on the issue have further facilitated resorting to this power. Should the power to promulgate ordinances be repealed? (2015)

MAINS PRACTICE QUESTION

Politicization of bureaucracy defeats the bureaucrats’ primary purpose of providing non-partisan and efficient administration. Comment.

SOURCE: https://thewire.in/government/modi-government-move-to-turn-government-officers-into-rath-prabharis-stirs-storm
https://indianexpress.com/article/india/defence-machinery-cong-president-kharge-pm-modi-bjp-achievements-8994832/

ON MARRIAGE EQUALITY, THE SUPREME COURT STOPS SHORT

THE CONTEXT: In its latest judgment, the Supreme Court of India has taken some steps to protect same-sex unions from discrimination. But in the final analysis, the Court limited itself to protecting only a few rights instead of granting full recognition to same-sex marriage.

IS THE RIGHT TO MARRY A FUNDAMENTAL RIGHT?: RECENT VERDICT

According to the recent court verdict, marriage is an institution set up under law and same-sex couples do not have a right to participate in it unless the law permits them to do so.
The Court upheld the Special Marriage Act, 1954 in its current form, e., permitting marriages only between a ‘man’ and a ‘woman’. It does not extend it to same-sex marriages.
It upheld the institution of marriage flows from the statutes created by the state and the right to marry is not expressly recognized either as a fundamental or constitutional right under the Indian Constitution but a statutory right.
The Court held that same-sex marriage is possible only through specific law and that it can’t read into existing laws. The issue of codifying has been left to the government, which has been told to set up a committee to deliberate on same-sex marriages issue.

OTHER OBSERVATIONS:

The right to enter into a union and ability to choose partner is mentioned in Article 19 and Article 21.
The court observed that the bar on union between two queer persons based on their gender identity would be in violation of right under Article 15.
CJI also added that in Article 21 – sex must also be used to mean sexual orientation.

ISSUES:

Denied right to marry: As the recent verdict has not granted any approval on the right of marriage, this is discriminatory to queer people. As they are denied to create a union solely on account of their sexual orientation. Society’s recognition of marriage is a public recognition of that form of commitment that is being denied here.
Issue of adoption: The current laws embody a discriminatory assumption that only heterosexual parents can, as a couple, be appropriate parents.
Historical injustice: Queer people are facing historical injustice in the society and a larger web of discrimination is going on which affects not only their fundamental right but human rights as well. Discrimination also has indirect and deep consequences on society as
Religious and Cultural Beliefs: The union of same-sex couples is seen against religious and cultural beliefs. Also, it is seen as against the primary purpose of marriage that is procreation and thus seen as unnatural.
Legal issues: There are concerns that allowing same-sex marriage will create legal problems, such as issues with inheritance, tax, and property rights. There are not appropriate laws in the country to regulate on these issues.

THE WAY FORWARD:

Granting recognition to marriage: It should be on the part of the legislature to frame adequate laws to grant recognition to the marriage of queer people. It is the duty of the State to extend necessary protection. It would signal a positive message and acceptance in society for queer people as well.
Regulatory framework: There should be a separate anti-discrimination law and proper laws for punishment for the discriminatory practices against queer people to undo the historical injustice against the community as current laws are fragmented.
Collective force: There is a need of collective force for advocacy of queer marriage and all the NGOs, the activism has to be even strongly come forward and work on strategies and policies to bring in the consensus to understand the challenges.
Adoption regulation: Law on adoption should be on the basis of merit, not on sex. Merely because a relationship is regulated by law, it does not mean that couples who are not married does not mean they are not serious about their relationship.
Global recognition: A growing number of governments around the world are considering whether to grant legal recognition to same-sex marriages. India should also come forward to grant legal recognition for protection of their rights. State legislatures can enact laws recognising and regulating same-sex marriages; the Constitution under Articles 245 and 246 empowers both the Parliament and the State to enact marriage regulations. They need to create a gender-neutral law for marriage.

THE CONCLUSION: This judgment will only delay the already long and arduous struggle to create the conditions where same sex couples could live a life in freedom without fear. There is a need to create a more inclusive society by giving equal rights regardless of their gender.

PREVIOUS YEAR QUESTION

Q. Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy. (2017)

MAINS PRACTICE QUESTION

Q. The recent verdict has left the issue of codification of law to recognise same-sex marriage to the government instead of stepping into the domain of legislature. How far do you think this will address the concerns of queer people?. Explain in the context of recent judgments on queer people by Supreme Court.

SOURCE: https://indianexpress.com/article/opinion/columns/pratap-bhanu-mehta-writes-on-marriage-equality-the-supreme-court-stops-short-8987605/

TOP 5 TAKKAR NEWS OF THE DAY (19th OCTOBER 2023)

1. PROHIBITION OF CHILD MARRIAGE (AMENDMENT) BILL, 2021

TAG: GS 2: POLITY, GS 2: SOCIAL JUSTICE

THE CONTEXT: The Parliamentary Panel examining the Prohibition of Child Marriage (Amendment) Bill, 2021 gets another extension.

EXPLANATION:

The Prohibition of Child Marriage (Amendment) Bill, 2021 was introduced in the Lok Sabha in December 2021.
Later, it was referred to the Standing Committee on Education, Women, Children, Youth and Sports.
The panel has received multiple extensions since it began its deliberations.
The last meeting that the panel held on the Bill was on May 17, 2022. The 31-member committee has only three women MPs.
Three-month extension has been granted to the panel till January 24, 2024 to examine and present its report on the Bill.
The Bill seeks to bring parity in the minimum age of marriage for men and women overriding all existing laws, including any custom, usage, or practice governing the parties in relation to marriage.

THE PROHIBITION OF CHILD MARRIAGE (AMENDMENT) BILL, 2021:

The Bill amends the Prohibition of Child Marriage Act, 2006 to increase the minimum age of marriage of females to 21 years.
Further, the Bill will override any other law, custom, or practice.
Under the 2006 Act, a person married below the minimum age may apply for annulment within two years of attaining majority (i.e., before 20 years of age). The Bill increases this to five years (i.e., 23 years of age).

KEY ISSUES AND ANALYSIS:

The minimum age of marriage at 21 years is higher than the minimum age of majority (18 years). The Supreme Court has ruled that marriage between adults is a fundamental right.
The question is whether prohibiting marriage for persons between 18 and 21 years is a reasonable restriction on their right to marry.
About a quarter of 20–24 year-old women are married before the age of 18 years, despite that being the minimum age of marriage since 1978.
The limited success of the current law raises the question whether an increase in minimum age would have any significant impact on reducing the incidence of child marriage.
In 2018, the Supreme Court, while reading down Section 377 of the Indian Penal Code, 1860, ruled that consensual sex between consenting adults is a fundamental right under Articles 14, 15, 19 and 21 of the Constitution.
- If this Bill were passed, it would be legal to have sexual relations but illegal to marry for those between the ages of 18 and 21 years.
The Bill increases the minimum age of marriage for females to 21 years, bringing it on par with that for males. However, the age of attaining majority is 18 years under the Majority Act, 1875.
- This difference may have consequences regarding the rights and responsibilities of persons between 18 and 21 years of age.

RECOMMENDATIONS OF VARIOUS COMMITTEES:

The table below provides recommendations by various national and international Committees and Conventions on age of marriage.

Committee/Convention	Recommended age	Rationale/Observations
UNICEF (2020)	18 for both male and female	A person is emotionally, physically and mentally mature to marry at 18.
The United Nations Convention on the Rights of the Child (2016)	18 for both male and female	Should be equal to the age of majority.
Parliamentary Standing Committee (while examining the 2004 Bill, which later became the 2006 Act)	21 for male, 18 for female	Two different ages have been accepted socially as well as culturally in the country; however, it also observed that conflicting definition of child in different legislation may cause confusion, ambiguity, and doubt.
Law Commission of India	18 for both male and female	There is no scientific reasons for the age to be different (2008). Age of majority grants all citizens the right to choose their governments, the legal age of marriage should also be recognised as such (2018).

SOURCE: https://www.thehindu.com/news/national/parliament-panel-examining-bill-on-increasing-age-of-marriage-of-women-gets-fresh-extension-to-submit-report/article67433519.ece/amp/

2. MICROALGAE AND GLOBAL WARMING

TAG: GS 3: ECOLOGY AND ENVIRONMENT

THE CONTEXT: As per a new study, microalgae, which form the base of the food chain in the ocean and capture carbon dioxide from the atmosphere, appear to rely on a novel strategy to cope with global warming.

EXPLANATION:

As climate change reduces the availability of nutrients in the sea, marine microalgae or eukaryotic phytoplankton fire up a protein called rhodopsin.
It is related to the protein in the human eye responsible for vision in dim light.
This light-responsive protein is helping the microalgae flourish with the help of sunlight in place of traditional chlorophyll.
As per the study, Microbial rhodopsins are proposed to be major light capturers in the ocean.
Estimates suggested they may absorb as much light as chlorophyll-based photosynthesis in the sea, which also captures light to generate energy and food.
However, their biological role in these organisms was unclear before the study.

DEFICIENCY OF NUTRIENTS IN OCEAN:

Global warming is increasing drought on land and the same thing happens in the ocean. The warmer the surface water gets, the lower are the nutrients in these surface water layers.
There is less mixing between the surface waters and nutrient-rich deeper waters as the oceans warm. So, nutrients become scarce at the surface, impacting the primary producers such as microalgae that are present in the top layer.
Algae starve and, therefore, produce less food and capture less carbon dioxide from the atmosphere.
In these areas, the capacity of algae to make food and take up carbon dioxide reduces further.

LABORATORY EXPERIMENT:

To understand the role of rhodopsins, researchers cloned them in the lab and confirmed that they capture light to generate energy (ATP).
- Adenosine triphosphate or ATP is the energy currency of all cells.
They also tested the abundances of rhodopsin transcripts (a molecule of ribonucleic acid or RNA that contains genetic information copied from deoxyribonucleic acid or DNA).
Rhodopsins were found to be more concentrated in low latitudes, where there is less mixing of ocean waters and lower concentrations of nutrients, including dissolved iron.
For algae to produce food and to remove carbon dioxide from the atmosphere, they need sunlight.
To harness sunlight, the microalgae require a lot of iron. However, 35 per cent of the surface of the ocean does not have enough iron to support the growth of algae, he explained.
g., Southern Ocean, which is the largest iron-limited aquatic ecosystem. But they are home to the largest populations of consumers such as krill, fish, penguins and whales, which depend on primary producers such as microalgae.

WAY FORWARD:

These findings have the potential to reduce the negative effects of changing environmental conditions, such as ocean warming and even the reduction in the productivity of crops.
The same mechanism could be deployed to enhance the activity of microbes that cannot use light, such as yeast.
We can modify them so that they can use light for growth, which is desirable in biotechnology, such as the production of insulin, antibiotics, enzymes, antivirals and even biofuel.

SOURCE: https://www.downtoearth.org.in/news/climate-change/microalgae-are-adapting-to-warming-climate-declining-nutrient-levels-in-seas-with-novel-strategy-92379

3. QUANTUM ALGORITHMS

TAG: GS 3: SCIENCE AND TECHNOLOGY

THE CONTEXT: Research in quantum algorithms is highly interdisciplinary, involving computer science, mathematics, and physics. The field is also still evolving, and there are plenty of opportunities to make significant contributions.

EXPLANATION:

We often hear that quantum computers efficiently solve problems that are very difficult to solve with a classical computer.
But even if the hardware is available to build a quantum computer, exploiting its quantum features requires us to write smart algorithms.
- An algorithm is a sequence of logically connected mathematical steps that solve a problem.
- For example, an algorithm to add three numbers can have two steps: add the first two numbers in the first step and the result to the third number in the second step.

QUANTUM ALGORITHMS:

Quantum algorithms solve problems that classical computers can’t by exploiting two unique properties of quantum mechanics: superposition and entanglement.
Superposition:
- It allows a quantum bit, or qubit, to be in multiple states at the same time.
- This is unlike a classical bit, which can only be in one of two states at a time, either 0 or 1.

Entanglement:
- It allows two or more qubits to be linked together in such a way that they share the same fate.
- This means that if you measure the state of one qubit, you will instantly know the state of the other qubits, even if they are physically separated.

Quantum algorithms use superposition and entanglement to perform calculations that are impossible for classical computers.
For example, Shor’s algorithm can factor a large number into its prime factors much faster than any known classical algorithm.
- This could have implications for cryptography, as many encryption algorithms rely on the difficulty of factoring large numbers.
Another example is Grover’s algorithm, which can search an unsorted database much faster than any known classical algorithm.
- This could have applications in drug discovery and other fields where it is necessary to search through large databases.
Quantum algorithms are still in their early stages of development, but they have the potential to solve some of the most challenging problems facing humanity today.
For example, quantum algorithms could be used to develop new drugs and materials, design more efficient algorithms, and break modern encryption algorithms.

EXAMPLES OF THE QUANTUM ALGORITHMS:

Shor’s algorithm:
- One of the earliest quantum algorithms is the factorisation algorithm developed by Peter Shor. It requires fewer steps to factorise a number than one that operates with classical principles.
- The efficiency of an algorithm is related to the number of steps required as the size of the input increases. An algorithm is more efficient if it requires fewer steps (and thus less time). From this perspective, Shor’s algorithm is far more efficient than any known classical algorithm for factorisation.
- Modern cryptography – which is used to secure user accounts on the internet, for example – depends on the fact that there are no efficient classical algorithms that can factorise large integers. This is the source of the claim that the availability of quantum computers (with an adequate number of qubits) will challenge the safety of classical cryptography.

Grover’s and Deutsch-Jozsa algorithms:
- Another popular quantum algorithm is the quantum search algorithm developed by Lov Grover.
- It looks for a numerical pattern in a large list of numbers. A deterministic classical algorithm requires almost half the number of steps as there are patterns in the list.
- That is, to identify a pattern from a list of one-million patterns, the classical approach may need half a million steps. The quantum algorithm will require only a thousand steps.
- In fact, for every 100x increase in the list’s size, Grover’s algorithm will need only 10x more steps. This is the kind of speed-up this quantum algorithm achieves.
- Yet another scheme that showcases the exponential speed-up is the Deutsch-Jozsa algorithm.
- Deutsch-Jozsa algorithm can determine the mapping with one computation independent of the size of the input.
- We just need to make sure there are enough qubits available to represent the number of digits in the input.

SOURCE: https://www.thehindu.com/sci-tech/science/how-quantum-algorithms-solve-intractable-problems-explained/article67417104.ece/amp/

4. RABI CROPS

TAG: GS 3: AGRICULTURE

THE CONTEXT: The Cabinet Committee on Economic Affairs has approved the increase in the Minimum Support Prices (MSP) for all mandated Rabi Crops for Marketing Season 2024-25.

EXPLANATION:

Government has increased the MSP of Rabi Crops for Marketing Season 2024-25, to ensure remunerative prices to the growers for their produce and incentivise crop diversification.
The absolute highest increase in MSP has been approved for lentil (masur) at Rs.425 per quintal followed by rapeseed & mustard at Rs.200 per quintal.
For wheat and safflower, an increase of Rs.150 per quintal each has been approved.
For barley and gram an increase of Rs.115 per quintal and Rs.105 per quintal respectively, has been approved.
The increase in MSP is in line with the Union Budget 2018-19 announcement of fixing the MSP at a level of at least 1.5 times of the All-India weighted average Cost of Production.
The expected margin over All-India weighted average Cost of Production is 102 percent for wheat, followed by 98 percent for rapeseed & mustard; 89 per cent for lentil; 60 per cent for gram; 60 percent for barley; and 52 percent for safflower.

OTHER INITIATIVES OF THE GOVERNMENT:

The Government is promoting crop diversification towards oilseeds, pulses and shree anna/millets to enhance food security, increase farmers’ income, and reduce dependence on imports.
Besides the Price Policy, the Government has undertaken various initiatives such as the National Food Security Mission (NFSM), Pradhan Mantri Krishi Sinchayee Yojana (PMKSY), and the National Mission on Oilseeds and Oil Palm (NMOOP).
- Its objective is to provide financial support, quality seeds to encourage farmers to cultivate oilseeds and pulses.
To extend the benefits of the Kisan Credit Card (KCC) Scheme to every farmer across the nation, Government has launched the Kisan Rin Portal (KRP), KCC Ghar Ghar Abhiyaan, and Weather Information Network Data Systems (WINDS).
- It aimed to provide timely and accurate weather information to empower farmers in making timely decisions regarding their crops.
These initiatives aim to revolutionize agriculture, enhance financial inclusion, optimize data utilization, and improve the lives of farmers across the nation.

RABI CROPS:

Rabi crops are sown in mid-November, preferably after the monsoon rains have ended, and harvested in April or May.
Rabi crops are sown in the winter and harvested in the spring.
A good winter rain is helpful for Kharif crops but bad for Rabi crops.
The crops are grown either with rainwater that has percolated into the ground or using irrigation.
Major Rabi crops are wheat, gram, peas, barley etc.
A warm climate is required for seed germination and cold climate for the growth of crops.

CHALLENGES FACED BY RABI CROPS:

Climate change is leading to more extreme weather events, such as droughts and floods. This can damage rabi crops and reduce yields.
Rabi crops are susceptible to a number of pests and diseases. This can also reduce yields and increase costs for farmers.
Farmers often receive low prices for their rabi crops. This can make it difficult for them to make a profit.

SOURCE: https://pib.gov.in/PressReleasePage.aspx?PRID=1968729

5. DIPHTHERIA

TAG: GS 3: ECOLOGY AND ENVIRONMENT

THE CONTEXT: According to a recent announcement from the World Health Organisation (WHO), the Guinean Health Ministry has declared a diphtheria outbreak.

EXPLANATION:

According to the World Health Organisation, from 4 July to 13 October 2023, a total of 538 cases of diphtheria, were reported in the Kankan region, in the east-central part of Guinea.
The 1-4 years age group accounted for the largest proportion of reported cases.

DIPHTHERIA:

Diphtheria is a serious infection caused by strains of bacteria called Corynebacterium diphtheriae that make toxin.
It can lead to difficulty breathing, heart rhythm problems, and even death.
CDC recommends vaccines for infants, children, teens, and adults to prevent diphtheria.

TRANSMISSION:

Diphtheria bacteria spread from person to person, usually through respiratory droplets, like from coughing or sneezing.
People can also get sick from touching infected open sores or ulcers.
Those at increased risk of getting sick include:
- People in the same household
- People with a history of frequent, close contact with the patient
- People directly exposed to secretions from the suspected infection site (e.g., mouth, skin) of the patient.

TREATMENT:

Using diphtheria antitoxin to stop the bacteria toxin from damaging the body.
This treatment is very important for respiratory diphtheria infections, but it is rarely used for diphtheria skin infections.
Using antibiotics to kill and get rid of the bacteria. This is important for diphtheria infections in the respiratory system and on the skin and other parts of the body (e.g., eyes, blood).

COMPLICATIONS:

Complications from respiratory diphtheria may include:
- Airway blockage
- Myocarditis (damage to the heart muscle)
- Polyneuropathy (nerve damage)
- Kidney failure
For some people, respiratory diphtheria can lead to death.
Even with treatment, about 1 in 10 patients with respiratory diphtheria die. Without treatment, up to half of patients can die from the disease.

SOURCE: https://news.un.org/en/story/2023/10/1142512

TOP 5 TAKKAR NEWS OF THE DAY (18th OCTOBER 2023)

1. GLOBAL MARITIME INDIA SUMMIT 2023

TAG: GS 3: ECONOMY, GS 2: INTERNATIONAL RELATIONS

THE CONTEXT: Prime Minister has virtually inaugurated the third edition of the Global Maritime India Summit 2023 on 17^th October 2023.

EXPLANATION:

The summit is the biggest Maritime Event in the country and will witness the participation of Ministers from across the globe representing countries from Europe, Africa, South America, and Asia (including central Asia, Middle East and BIMSTEC region).
The summit is also to be attended by Global CEOs, Business leaders, Investors, Officials, and other stakeholders worldwide.
Further, several Indian states will also be represented at the summit by the Ministers and other dignitaries.
The three-day summit will discuss and deliberate key issues of the maritime sector:
- Ports of the future
- Decarbonisation
- Coastal shipping and inland waterways
- Shipbuilding, repair, and recycling
- Finance, insurance, and arbitration
- Maritime clusters
- Innovation and technology
- Maritime safety and security
The first Maritime India summit was held in 2016 in Mumbai while the Second Maritime Summit was held virtually in 2021.

HIGHLIGHTS OF THE SUMMIT:

‘Amrit Kaal Vision 2047’, a blueprint for the Indian maritime blue economy was unveiled.
The blueprint outlines strategic initiatives aimed at enhancing port facilities, promoting sustainable practices, and facilitating international collaboration.
In line with this futuristic plan the foundation stone for projects worth more than Rs 23,000 crores was laid that are aligned with the ‘Amrit Kaal Vision 2047’ for the Indian maritime blue economy.
The summit provides an excellent platform for attracting investment in the country’s maritime sector.
The Prime Minister laid the foundation stone of Tuna Tekra all-weather deep draft terminal, to be built at a cost of more than Rs 4,500 crores at Deendayal Port Authority in Gujarat.
This state-of-the-art greenfield terminal will be developed in Public–Private Partnership (PPP) mode.
The terminal, which is likely to emerge as an international trade hub, will handle next-gen vessels exceeding 18,000 twenty-foot equivalent units (TEUs).
It will act as a gateway for Indian trade via the India-Middle East-Europe Economic Corridor (IMEEC).
The Prime Minister also dedicated more than 300 Memorandums of Understanding (MoUs) worth more than 7 lakh crore for global and national partnerships in the maritime sector.

ABOUT THE SUMMIT:

Global Maritime India Summit (GMIS) 2023 is a flagship event aimed at propelling the Indian maritime economy by promoting global and regional partnerships and facilitating investments.
It is an annual meet of the Indian and international maritime community to address key industry issues and exchange ideas to bring the sector forward.
Driven by the Ministry of Ports, Shipping and Waterways, GMIS 2023 brings together global maritime players, policy makers and regulators, key opinion leaders and industry leaders.
The event includes an investor summit and an international exhibition to facilitate interaction and collaboration among the Indian and international maritime companies, policy makers, investors, and other stakeholders.
To encourage dialogue and cooperation among key industry leaders, the event features a Global CEOs’ Forum.
Further, to recognize partners that have made outstanding contributions to India’s development as a leading maritime center, the event will host Maritime Excellence Achievers’ ceremony.
The 3-day event will be inaugurated by the Hon’ble Prime Minister of India and expected to be attended by the globally renowned industry players.

SOURCE: https://pib.gov.in/PressReleasePage.aspx?PRID=1968331

2. SAME SEX MARRIAGE

TAG: GS 2: POLITY, GS 2: SOCIAL JUSTICE

THE CONTEXT: The Supreme Court upheld constitutionality of Special Marriage Act in present form and entrusts legislature to debate, decide on providing legal status to same-sex relationships.

EXPLANATION:

The Constitution Bench ruled that courts cannot intervene in the matter as there is no fundamental right to marry.
It held that only the legislature can recognise or regulate queer marriage.
All five judges on the Bench unanimously accepting that laws and society discriminate against same-sex couples.
But they failed to reach a consensus to provide even long-abiding relationships between queer couples the status of a legally recognised “civil union”.

OPINION OF THE MINORITY OF THE BENCH:

Minority of the bench hold the view that queer people have a fundamental right to form a relationship, and the state should not fail to give such unions a legal status so that same-sex couples could avail the material benefits provided under the law.
The right to enter into a union cannot be restricted on the basis of sexual orientation. Discrimination on the basis of sexual orientation is violative of Article 15 of the Constitution.
- Right to form a union was a feature of the fundamental right to choose partners and lead a dignified, meaningful life.
- Equality cannot be denied to same-sex couples on the basis of their sexual orientation. Queer persons have a right to form abiding relationships.
Legal recognition to same-sex relationships was a step forward towards “marriage equality”.
They held that constitutional authorities should carve out a regulatory framework to recognise the civil union of adults in a same-sex relationship.
The majority views of Justices disagreed on the point, holding that it was for the legislature, and not the Court, to formally recognise and grant legal status to non-heterosexual relationships.
But all the five judges on the Bench agreed that the Special Marriage Act of 1954 was not unconstitutional for excluding same-sex marriages.
They said that tinkering with the Special Marriage Act of 1954 to bring same-sex unions within its ambit would not be advisable. It is Parliament and State legislature to enact laws on marriage.

FORMATION OF THE COMMITTEE:

The Bench nevertheless unanimously agreed that same sex couples face discrimination and harassment in their daily lives.
The court urged the government to form a high-powered committee chaired by the Union Cabinet Committee to expeditiously look into genuine human concerns faced by same-sex partners.
The Chief Justice suggested that the committee should look into whether queer couples could be treated as members of the same family for the purpose of ration card; succession; maintenance; opening of a joint bank account; arrangement of last rites of partners; access benefits of rights and benefits of employment, etc.

LEGAL BATTLE OF THE SAME SEX MARRIAGE:

The legal battle for same-sex marriage in India began in 2001, when Naz Foundation (India) Trust filed a petition in the Delhi High Court challenging the constitutionality of Section 377 of the Indian Penal Code, which criminalized “carnal intercourse against the order of nature”.
In 2009, the Delhi High Court ruled that Section 377 was unconstitutional in so far as it applied to consensual sexual activity between adults.
However, the Supreme Court of India overturned the Delhi High Court’s ruling in 2013 and held that the decision to decriminalise homosexuality could only be made by Parliament and not the Court.
In 2014, a group of LGBTQ+ activists filed a petition in the Supreme Court challenging the constitutionality of Section 377 once again.
In 2018, the Supreme Court ruled that Section 377 was unconstitutional in its entirety.
The Supreme Court’s ruling was a major victory for the LGBTQ+ community in India, and it paved the way for the legalization of same-sex marriage.
In 2019, a group of LGBTQ+ activists filed a petition in the Supreme Court seeking the legalization of same-sex marriage.
The legal battle for same-sex marriage in India has been long and arduous However significant progress has been made in recent years.
The Supreme Court’s ruling decriminalizing homosexuality and the Supreme Court’s recent judgement are both signs of progress.
It is important to note that the legal battle for same-sex marriage is not just about the right to marry but right to equality and the right to be free from discrimination.
The LGBTQ+ community in India faces discrimination in many areas of life, including employment, housing, and healthcare. The legalization of same-sex marriage would send a powerful message that the LGBTQ+ community is equal to any other community in India.
The legal battle for same-sex marriage in India is a complex issue with many different perspectives. It is important to be respectful of all perspectives and to engage in civil discourse.

SOURCE: https://www.thehindubusinessline.com/news/national/sc-declines-to-legalise-same-sex-marriage-says-legislature-to-decide/article67431746.ece

3. LYMPHATIC FILARIASIS (LF)

TAG: GS 3: ECOLOGY AND ENVIRONMENT

THE CONTEXT: Lao People’s Democratic Republic has eliminated lymphatic filariasis (LF), a disease that cripples and has significant social and economic impact on the affected communities according to the World Health Organization (WHO).

EXPLANATION:

This is the country’s second neglected tropical disease (NTD) to be eliminated in six years, following the elimination of trachoma as a public health hazard in 2017.
The WHO attributed the success to decades of hard effort by the Lao government, health-care workers, communities, and national and international partners.
Lao PDR is now the second country after Bangladesh to eliminate lymphatic filariasis (LF) in 2023.
Nineteen countries have been able to eliminate LF, according to the WHO progress report on the disease released on October 13, 2023.

LYMPHATIC FILARIASIS (LF):

Lymphatic filariasis, commonly known as elephantiasis, is a neglected tropical disease.
Over 882 million people in 44 countries worldwide remain threatened by lymphatic filariasis and require preventive chemotherapy to stop the spread of this parasitic infection.

CAUSE, TRANSMISSION AND SYMPTOMS:

Lymphatic filariasis is caused by infection with parasites classified as nematodes (roundworms) of the family Filariodidea.
There are 3 types of these thread-like filarial worms:
- Wuchereria bancrofti, which is responsible for 90% of the cases.
- Brugia malayi, which causes most of the remainder of the cases.
- Brugia timori, which also causes the disease.
Infection occurs when filarial parasites are transmitted to humans through mosquitoes.
Infection is usually acquired in childhood and causes hidden damage to the lymphatic system.
Lymphatic filariasis impairs the lymphatic system and can lead to the abnormal enlargement of body parts, causing pain, severe disability and social stigma.

ELIMINATION:

Lymphatic filariasis can be eliminated by stopping the spread of infection through preventive chemotherapy with safe medicine combinations repeated annually.
More than 9 billion cumulative treatments have been delivered to stop the spread of infection since 2000.
As of 2018, 51 million people were infected – a 74% decline since the start of WHO’s Global Programme to Eliminate Lymphatic Filariasis in 2000.
Due to successful implementation of WHO strategies, 740 million people no longer require preventive chemotherapy.
An essential, recommended package of care can alleviate suffering and prevent further disability among people living with disease caused by lymphatic filariasis.

SOURCE: https://www.downtoearth.org.in/news/health/lao-pdr-becomes-second-country-in-2023-after-bangladesh-to-eliminate-lymphatic-filariasis-92355

4. BRIGHT TRANSIENT SURVEY BOT (BTSBOT)

TAG: GS 3: SCIENCE AND TECHNOLOGY

THE CONTEXT: For the first time, artificial intelligence (AI) has searched for, detected, confirmed, classified, and announced a supernova discovery without any human intervention.

EXPLANATION:

This new AI tool called Bright Transient Survey Bot (BTSbot) has been developed by an international team of scientists, using over 1.4 million images from nearly 16,000 sources to train its machine-learning algorithm.
It is reported that the new system allows automation of the entire star explosion discovery process, which not only eliminates human error but also dramatically increases speed.
Removing humans from the loop provides more time for the research team to analyze their observations and develop new hypotheses to explain the origin of the cosmic explosions that we observe.
This significantly streamlines large studies of supernovae and help to better understand the life cycles of stars and the origin of elements supernovae create, like carbon, iron and gold.

BRIGHT TRANSIENT SURVEY BOT:

It is a machine-learning algorithm which has been trained by using over 1.4 million images from nearly 16,000 sources.
It detected the newly discovered supernova named SN2023tyk in data from the Zwicky Transient Facility (ZTF) which is believed to be a Type Ia supernova located around 760 million light-years from Earth.

WORKING MECHANISM:

It automatically requested the potential supernova’s spectrum from Palomar Observatory – where another robotic telescope, the Spectral Energy Distribution Machine (SEDM) performed an in-depth observation to obtain the source’s spectrum.
This new system not only allows automation of the entire search for new supernovae across the night sky but also eliminates human error and dramatically increases speed.
It searched, detected, confirmed, classified, and announced the findings without any human intervention.

WHY IS IT COMPARATIVELY DIFFICULT FOR HUMANS TO DETECT?

The current process of detecting and analysing supernovae involves humans working hand in hand with robotic systems.
Though supernovae are bright and energetic events, they are not that common, and certainly not easy to spot.
The traditional method involves relying on robotic telescopes repeatedly taking images of the same sections of the night sky to detect new sources of light after which humans take over.
Subsequently, astronomers have to visually inspect large volumes of data.
This time-consuming process is believed to be the reason why astronomers have only discovered a small fraction of all supernovae that occur in the universe.
But automated software presents a list of candidate explosions to humans, who spend time verifying the candidates and executing spectroscopic observations.

SOURCE: https://www.indiatoday.in/science/story/ai-finds-supernova-the-biggest-explosion-in-universe-first-without-human-help-2450230-2023-10-17

5. RICE FORTIFICATION

TAG: GS 3: AGRICULTURE

THE CONTEXT: The Supreme Court on October 14, 2023, directed the Centre to respond to concerns regarding the government’s iron fortified rice programme and its indiscriminate distribution to even those suffering from thalassemia and sickle cell disease.

EXPLANATION:

The Supreme Court asked the government to apprise it in four weeks about the steps taken to comply with a provision of the regulations.
Provision of the Food Safety and Standards (Fortification of Foods) Regulations, 2018 provides that labels on bags containing fortified rice should carry an advisory that it is harmful for people suffering from thalassemia and sickle cell anaemia.
The 2018 regulations provided that every package of food fortified with iron shall carry a statement, “People with thalassemia may take under medical supervision and persons with Sickle Cell Anaemia are advised not to consume iron fortified food-products”.
The directions were given in response to a public interest litigation filed by Rajesh Krishnan and others, challenging the government’s iron fortified rice programme.

ISSUES WITH THE IRON FORTIFIED FOOD:

Food Safety and Standards Authority of India’s statutory regulations has warned patients with thalassemia and sickle cell anaemia against consuming iron-fortified food or about using it only under strict medical supervision.
Patients of haemoglobinopathies (a group of blood disorders that affect red blood cells) like thalassemia and sickle cell disease are contraindicated to eat iron, according to clause 7 (4) of the Food Safety and Standards (Fortification of Foods) Regulation, 2018 and also based on global scientific evidence.
Consuming iron could lead to adverse outcomes like organ failure for people with such conditions.
This means that giving iron-fortified rice indiscriminately, without any screening for such patients, is a non-compliance of the government with their own warnings.
A fact-finding visit by Alliance for Sustainable and Holistic Agriculture and Right to Food Campaign in the two states of Chhattisgarh and Jharkhand.
It revealed that the labelling requirements and the operational guidelines were not being followed; importantly, in food schemes where the food distribution is unpackaged or even cooked, there were no written or verbal warnings.

FOOD FORTIFICATION:

Food fortification refers to the addition of chemical / synthetic vitamins and minerals (like iron, folic acid, iodine, zinc, vitamins B12, A, D) that are not available naturally in particular foods and is used as a strategy to address malnutrition in India.

HOW IS RICE FORTIFIED WITH IRON?

Under the fortification scheme, milled broken rice is ground to dust and a premix of vitamins and minerals is added to it.
Thereafter, an extruder machine is used to produce fortified rice kernels (FRK) resembling rice grains.
The kernels are then mixed in a 1:100 ratio with regular rice to produce fortified rice.
The cost to the consumer is estimated to be less than 50 paisa per kg.
According to the food ministry, the fortification programme aims to cover 291 aspirational and high burden (nutrient deficient) districts across the country by March 2023, for which 9 million tonnes of fortified rice has been produced.

FORTIFIED RICE PROGRAMME:

Prime Minister in his Independence Day address in 2021, said the government aims to distribute fortified rice via the government schemes by 2024.
Thereafter, a scheme for the distribution of fortified rice, containing prescribed micronutrients (Iron, Folic Acid, Vitamin B12) was launched in October 2021 in a phased manner in order to address the problem of anaemia in children and women.
In April 2022, the Cabinet Committee on Economic Affairs (CCEA) approved the supply of fortified rice throughout the Public Distribution System (PDS), Integrated Child Development Services (ICDS), Pradhan Mantri Poshan Shakti Nirman-PM POSHAN (erstwhile Mid-Day Meal Scheme) and other welfare schemes in all states and Union Territories (UTs) by 2024 in a phased manner.
The entire cost of rice fortification, which is around Rs 2,700 crore per annum, would be borne by the Centre as part of the food subsidy till its full implementation up to June 2024.

SOURCE: https://www.downtoearth.org.in/news/food/no-health-warnings-on-iron-fortified-rice-sc-directs-govt-to-respond-in-4-weeks-92348

WSDP Bulletin (18-10-2023)

(Newspapers, PIB and other important sources)

Prelim and Main

PM inaugurates Global Maritime India Summit 2023 READ MORE
SC declines to legalise same-sex marriage, says legislature to decide READ MORE
Kerala mulls planting bamboo along Munnar’s Gap Road to avert landslips READ MORE
ST status for Meiteis was considered and rejected in 1982 and 2001, government records show READ MORE
How synergistic barriers are affecting progress on SDGs READ MORE
AI finds supernova, the biggest explosion in universe, first without human help READ MORE
India-Sri Lanka ferry service restarted after 40 yrs: Opportunities, challenges READ MORE
Scientists using AI to decode secrets of ancient Pompeii scroll READ MORE
Amazon forests threatened: 10% more wildfires than last year, environmental gains may be undone READ MORE
No health warnings on iron fortified rice: SC directs govt to respond in 4 weeks READ MORE

Main

GS Paper- 1

Why Supreme Court’s same-sex marriage verdict opens no doors for queer people READ MORE
Solve water woes to save TN growth target READ MORE
Is climate change the reason for Sikkim flash floods? READ MORE

GS Paper- 2

POLITY AND GOVERNANCE

Demolishing the frame from outside the Constitution READ MORE
Centralised procurement as a powerful health idea READ MORE
Law and custom: On the Supreme Court’s verdict on same-sex marriage READ MORE
Invoking the spectre of judicial legislation READ MORE
Empowered CAG: Guardian of public purse must stay independent READ MORE
Providing non-financial services to rural communities READ MORE
Electoral Bonds must be scrapped READ MORE

SOCIAL ISSUES

Food deprivation & hunger remain widespread in India READ MORE
Higher education at crossroads READ MORE
Transform learning READ MORE

INTERNATIONAL ISSUES

A ferry tale from the neighbourhood READ MORE
Building bridges READ MORE

GS Paper- 3

ECONOMIC DEVELOPMENT

How to read India’s latest employment data READ MORE
Role of banks in a knowledge economy READ MORE
Gig workers law deepens industrial democracy READ MORE
Watch out for global headwinds READ MORE
Farm to fork: An overview of millet supply chains in India READ MORE
GM crops need more research READ MORE
Indian Agriculture has a problem. We farm too much for too little READ MORE

ENVIRONMENT AND ECOLOGY

Climate lessons from G20 for Dubai COP28 READ MORE

SCIENCE AND TECHNOLOGY

AI could redefine police techniques READ MORE

DISASTER MANAGEMENT

Localise strategies to build climate resilience READ MORE

INTERNAL SECURITY

Cybercrime surge: Focus on persistent vigil, collaborative efforts READ MORE
Beyond ‘Black Mirror’s’ fiction – Impact of Generative AI on policing, security READ MORE

GS Paper- 4

ETHICS EXAMPLES AND CASE STUDY

This Quote Means: ‘Women… are fuelled by a will to survive’, from Iran’s Nobel Peace Prize winner READ MORE
The Buddha’s wisdom can help to heal the mind READ MORE
Supreme intelligence READ MORE
Civil servants who say no to scams are national icons READ MORE

Questions for the MAIN exam

As the threat of climate change grows stark in the Himalayan regions, the Early Warning System should be deployed to avoid numerous disasters. Comment.
Despite the emergence of numerous education policies in the post-independence period, India has yet to generate an indigenous system of education that is propelled by rationality, scientific temper and empathy. Do you agree that transforming education into the practice of freedom is an effective way forward?
The Electoral Bonds scheme not only creates an uneven playing field for political parties but is a danger to our democracy. Comment.
The SHG federations with the existing panchayat-level committees has opportunities to contribute to the development process of the village to upgrade education, health, sanitation and infrastructure facilities. Comment.

QUOTATIONS AND CAPTIONS

The Constitution’s identity is endangered not just by a textual transformation but also in the subversion of its liberal, democratic environment.
Our real enemies are not men and women but suspicion, fear, hatred, violence and feeling of revenge and these enemies cannot be eliminated by military means.
Discoms will be profitable only when they are unshackled from state controls and electricity distribution is deregulated.
The goal should be to create more employers than employees, and it is hoped that “PM Vishwakarma” will help make this a reality.
The SHG federations can work with the existing panchayat-level committees to contribute to the development process of the village to upgrade education, health, sanitation and infrastructure facilities.
The SHG model is a flexible and comprehensive tool to steer holistic development services as opposed to only providing financial and livelihood services to SHG women.
While women-led federations role in promoting empowerment and livelihoods promotion is well known, not much has been highlighted about the SHG federation’s work in providing non-financial and development services in their communities.
As the threat of climate change grows stark in the Himalayan regions the Early Warning System should be deployed to avoid numerous disasters.
The biggest concern for India right now is the decline in both merchandise exports and imports over the past eight months.
If the Indian government remains convinced about not joining the RCEP, it must have strategic reasons, which is fine. But it must nevertheless address the ongoing outcomes of such a decision, and that’s where agility in policymaking comes in.
Despite the emergence of numerous education policies in the post-Independence period, India is yet to generate an indigenous system of education that is propelled by rationality, scientific temper and empathy.
Education has to set its epistemic and moral worth and the goals of education should be quality, equity and efficiency in learning outcomes.
A level playing field in terms of educational opportunities and competition, coupled with affirmative action, can enhance classroom accountability.
To integrate critical thinking, educational reform has to assimilate the willingness to be rationally critiqued and learning must inculcate the ability to question from different vantage points.
One is the legalisation of anonymous donations, and the other is the violation of citizens’ right to information about the funding of parties.
The legalisation of anonymous donations would amount to facilitation and legitimisation of corruption.
In a democracy, the public have the right to know who funds parties because the funding may be used to influence policies.

50-WORD TALK

As the threat of climate change grows stark, events like the recent glacial lake outburst flood that caused death and devastation in Sikkim are becoming frequent. This underlines the urgency of installing early warning systems in the fragile Himalayan range. Governments can no longer afford to ignore such red flags.
Faced with a moral, legal and ethical dilemma, the Supreme Court walked on eggshells to reject a 26-week-old pregnant woman’s plea to abort her foetus on the ground that it risked her psychologically. The issue will be debated in the coming days as a prudent balance between competing fundamental rights.
GIFT City has many infrastructural marvels, and attractive tax incentives. But, it’s nowhere near being the next Singapore. It needs to come out of Gujarat government’s shadows and allow a restriction-free, socially liberal lifestyle that youthful, global workforce thrives on. Relax prohibition, improve connectivity, housing, open spas, and golf courses.

Things to Remember:

For prelims-related news try to understand the context of the news and relate with its concepts so that it will be easier for you to answer (or eliminate) from given options.
Whenever any international place will be in news, you should do map work (marking those areas in maps and exploring other geographical locations nearby including mountains, rivers, etc. same applies to the national places.)
For economy-related news (banking, agriculture, etc.) you should focus on terms and how these are related to various economic aspects, for example, if inflation has been mentioned, try to relate with prevailing price rises, shortage of essential supplies, banking rates, etc.
For main exam-related topics, you should focus on the various dimensions of the given topic, the most important topics which occur frequently and are important from the mains point of view will be covered in ED. Try to use the given content in your answer. Regular use of this content will bring more enrichment to your writing.

DELAY AS TACTIC: ON THE CENTRE AND COLLEGIUM RELATIONSHIP

THE CONTEXT: The Centre has assured the Supreme Court regarding the appointment of Justice Siddharth Mridul as Chief Justice of the Manipur High Court. Along with that, the Centre has forwarded as many as 70 names approved by constitutional authorities in various States for appointment as judges of High Courts showing respect to Supreme Court Collegium’s recommendations.

MORE ON THE NEWS

Delay in appointment: The delay in notifying the appointment of Justice Mridul was creating concerns as his name was recommended by the Collegium in July 2023 and was pending since then.
Delay in transfer: The Collegium has also discussed the transfer of Justice M.V. Muralidaran, now Acting CJ in Manipur to the Calcutta High Court. Centre is seemed to have delaying his transfer. His recent order of inclusion of the Meitei community in the Scheduled Tribes category is seen as the trigger for the ethnic violence in Manipur.

JUDGES APPOINTMENT: EVOLUTION OF COLLEGIUM SYSTEM

While the Collegium system finds no mention in the Constitution of India, it has evolved through the Supreme Court’s own three judgments, known collectively as the Three Judges Cases (1981, 1993 and 1998). Collegium was the result of the differences between the executive and the judiciary.
Since 1993, through Collegium system the Supreme Court decides on appointments and transfers of judges in the higher judiciary, though the nominal appointing authority is the President of India.

Can the Collegium system be replaced?

Replacing the Collegium system calls for a Constitutional Amendment Bill; it requires a majority of not less than two-thirds of MPs (Members of Parliament) present and voting in Lok Sabha as well as Rajya Sabha.
It also needs the ratification of legislatures of not less than one-half of the states.

PROCEDURE FOR APPOINTMENT OF JUDGES:

The appointment of judges to the Supreme Court of India and high courts is provided for in Article 124(2)4 and Article 217(1)5 of the Constitution, respectively.
Article 124 (2) of the Constitution lays down the process to appoint judges to the higher judiciary. It states every Judge of the Supreme Court shall be appointed by the President after consultation with such of the judges of the Supreme Court and of the high courts in the states as the President may deem necessary for the purpose. In the case of appointment of a judge other than the Chief Justice, the Chief Justice of India shall always be consulted.
Under the Collegium system, the Chief Justice of India and his 4 senior-most colleagues make recommendations for the candidates to be appointed as SC and HC judges to the President.
The recommendations by the Collegium for the Supreme Court can be of two types:

1. One, when high court judges are to be elevated to the Supreme Court
2. Two, when senior lawyers are directly appointed as Supreme Court judges.

For appointments to the high courts, the Supreme Court Collegium consists of only 3 judges, i.e. The Chief Justice of India and two senior-most judges.
Like the Supreme Court, the high courts, too, have a Collegium, headed by the chief justice of the high court and two senior-most judges as members.
The High Court Collegium sends its judicial appointment recommendation only to the Supreme Court Collegium

WHAT ROLE DOES THE GOVERNMENT HAVE IN THE COLLEGIUM SYSTEM?

The government come into play only after the SC decides the names of the judges to be recommended for elevation in the Supreme Court or a high court.
The government can then raise objections and seek clarifications over the collegium’s choices. However, if the collegium reiterates the same names, the government has no option but to appoint them.
After receipt of the final recommendation of the Chief Justice of India, the Union Minister of Law, Justice and Company Affairs will put up the recommendations to the prime minister who will advise the President on the matter of appointment.

ISSUES IN THE COLLEGIUM SYSTEM:

The conflict between the government and the Collegium over the appointment process is quite pronounced and often reaches a flashpoint. Here, issue of both sides have been mentioned below:

Court’s stand:

Selective treatment: The Court has raised concerns about the Centre’s selective treatment of its recommendations. There are instances of the government returning names that had been reiterated more than once and even ignoring some of the Collegium’s decisions. For example, the government ignored the Collegium’s recommendation to appoint Justice S. Muralidhar as Chief Justice of the Madras High Court for so long that the Collegium eventually cancelled its recommendation.
Pending appointment and transfer: The Court has raised concerns about long pending of appointment and transfer of judges by the Centre is affecting the judicial process and leads to losing of fresh talent. For instance, in the case of Justice T. Raja, who was Acting CJ in Madras for an unusually long period, the recommendation to transfer him to the Rajasthan High Court was ignored by the government until his retirement.

Centre’s stand:

Lacks transparency and accountability: The government states that the Supreme Court Collegium lacks transparency and is a “closed-door affair”as no one knows on what basis the judge is being appointed. Also, it highlights loopholes in the system and questions its accountability since it does not involve an official mechanism or secretariat.
Alien concept: Government raises concern on the basis of collegium system and calls it an “alien” concept with no such provision mentioned in the constitution. It simply ignores the role of the executive in the appointment process.

THE WAY FORWARD

Reform in collegium system: There is a need to have a proper reform in collegium system. For example, the law minister has sought the setting up of a “search and evaluation committee” with representation from the all the stakeholders in the selection of judges.
Quicker implementation: Once the Collegium reiterates any recommendation, it should be implemented within three to four weeks by having proper consultation process for losing on the talents and preventing pendency in judicial system.
Effective consultation: Views of both the judiciary and executive should be taken into account and need to prepare a Memorandum of Procedure (MOP) in consultation with the Chief Justice of India to enable transparency in the collegium system of appointment of judges. There is a need of inclusion of issues of eligibility, transparency, setting up the Secretariat for the appointment of judges, redressal of complaints and other issues in the MOP on the appointment of judges.

HOW JUDGES ARE APPOINTED IN OTHER MAJOR COUNTRIES

In the US, judges of the Federal Court are appointed by the President with the advice and consent of the Senate. The candidates are assessed by a committee of the American Bar Association and reviewed by the Senate Judiciary Committee before a vote in the Senate. There is no set retirement age for judges in the US as they continue to hold office for “good behaviour”.
In the UK, it is the independent Judicial Appointments Commission (JAC) that oversees the process of judges’ appointments. The JAC consists of 15 members; three of these are judges, while 12 members are selected through a process of open competition.
In France, judges are appointed by the President on the recommendation of the Higher Council of the Judiciary. The judges are appointed for three-year terms, which are renewable on the recommendation of the Ministry of Justice.
In South Africa, there is a 23-member Judicial Services Commission (JSC) that advises the President to nominate the judges.
In most Latin American countries like Argentina and Brazil, the President nominates the judges, subject to the approval of the respective Senates.

THE CONCLUSION: The ongoing tussle between the Centre and the Supreme Court Collegium over the appointment of judges to the high courts and the Supreme Court has once again brought into focus the process of judicial appointments in India. There is a need for bold steps for the reform of the collegium system for effective functioning of judiciary.

PREVIOUS YEAR QUESTION:

Critically examine the Supreme Court’s judgement on ‘National Judicial Appointments Commission Act, 2014’ with reference to the appointment of judges of higher judiciary in India. (2017)

MAINS PRACTICE QUESTIONS:

Q.1 All institutions in a democratic country should have a representative character, but the Collegium system has not been able to address the issue of representation. Discuss.

Q.2 What is the process of appointment of judges in India? What is the issue in the collegium system, and how can it be resolved to increase the efficiency of the judiciary?

SOURCE: https://www.thehindu.com/opinion/editorial/delay-as-tactic-on-the-centre-and-collegium-relationship/article67426975.ece

TOP 5 TAKKAR NEWS OF THE DAY (14th OCTOBER 2023)

1. GREEN CREDIT PROGRAM (GCP) AND THE ECOMARK SCHEME INITIATIVES

TAG: GS 3: ECOLOGY AND ENVIRONMENT

THE CONTEXT: Recently, the Green Credit Program (GCP) and the Ecomark Scheme initiatives have been introduced by the Ministry of Environment, Forest and Climate Change.

EXPLANATION:

It seeks to encourage environmentally friendly practices rooted in tradition and conservation, reflecting the ideas of LiFE concept.
These two pioneering initiatives indicates the country’s pro-active approach to climate change, sustainability and promotion eco-conscious practices.

GREEN CREDIT PROGRAM (GCP): INCENTIVIZING ENVIRONMENTAL ACTIONS:

Green Credit Program (GCP) has been notified on 13th October, 2023.
It is an innovative market-based mechanism designed to incentivize voluntary environmental actions across diverse sectors, by various stakeholders like individuals, communities, companies etc.
The GCP’s governance framework is supported by an inter-ministerial Steering Committee.
The Indian Council of Forestry Research and Education (ICFRE) serves as the GCP Administrator, responsible for program implementation, management, monitoring, and operation.
In its initial phase, the GCP focuses on two key activities:
- Water conservation and
- Afforestation
Draft methodologies for awarding Green Credits have been developed and will be notified for stakeholder consultation.
These methodologies set benchmarks for each activity/process, to ensure environmental impact and fungibility across sectors.
The Green Credit Registry and trading platform, being developed by ICFRE along with experts, would facilitate the registration and thereafter, the buying and selling of Green Credits.
The Administrator will grant a Green Credit certificate which will be tradable on the green credit platform.

ECOMARK SCHEME: PROMOTING ECO-FRIENDLY PRODUCTS:

The philosophy behind LiFE, (Lifestyle for Environment) is nudging individual choices and behaviour towards sustainability.
In line with this approach, the MoEF&CC has released its Ecomark notification on 13th October 2023 replaces the previous Notification.
It will help consumers to make choices among products that are eco-friendly in their design, process etc.
It provides accreditation and labelling for household and consumer products that meet specific environmental criteria while maintaining quality standards as per Indian norms.
Products accredited under the Ecomark Scheme will adhere to specific environmental criteria, ensuring minimal environmental impact.
It will build consumer awareness of environmental issues and encourage eco-conscious choices.
It will also motivate manufacturers to shift towards environmentally friendly production.
The scheme seeks to ensure accurate labelling and prevent misleading information about products.
The Central Pollution Control Board administers the Ecomark Scheme in partnership with Bureau of Indian Standards (BIS), which is the national body for standards and certification.

FOR MORE INFORMATION ON LiFE (Lifestyle for Environment), PLEASE REFER TO THE SEPTEMBER CURRENT AFFAIRS MAGAZINE.

SOURCE: https://pib.gov.in/PressReleasePage.aspx?PRID=1967476

2. STATE INFORMATION COMMISSIONS

TAG: GS 2: POLITY

THE CONTEXT: Recently, a report is released by Satark Nagrik Sangathan (SNS) regarding the performance of Information Commissions in India.

EXPLANATION:

According to the report released by the SNS (an organisation trying to hold the government accountable vis-a-vis the Right to Information Act, 2005), 29 information commissions in India are completely defunct.
Jharkhand, Telangana, Mizoram and Tripura have had no information commission with the incumbents retiring.
Manipur has been functioning without a chief for more than 2 years and another officer has been made acting commissioner, though no such provision exists in the act or law.
There are now vacant leadership positions in six information commissions, including the Central Information Commission and those of Manipur, Chhattisgarh, Maharashtra, Bihar, and Punjab.
The 2022 assessment has found that more than 3 lakhs appeals and complaints are pending in the 26 information commissions.
The report found that the commissions did not impose penalties in 91% of the cases where penalties were potentially imposable.

STATE INFORMATION COMMISSION:

The State Information Commission was constituted under the Right to Information Act of 2005.
The State Information Commission is a high-powered independent body which interalia looks into the complaints made to it and decides the appeals.
It entertains complaints and appeals pertaining to offices, financial institutions, public sector undertakings, etc
The Commission consists of a State Chief Information Commissioner and not more than ten State Information Commissioners.
They are appointed by the Governor on the recommendation of a committee consisting of the Chief Minister as Chairperson, the Leader of Opposition in the Legislative Assembly and a State Cabinet Minister nominated by the Chief Minister.
The State Chief Information Commissioner and a State Information Commissioner shall hold office for such term as prescribed by the Central Government or until they attain the age of 65 years, whichever is earlier.

CHALLENGES FACED BY STATE INFORMATION COMMISSION:

High Appeal and Complaint Pendency: Hearings are delayed and commissioners are overworked when seats go vacant. A slow resolution process is frequently the result of insufficient staffing and resources.
Delay in Commissioner Appointment: Political influences in the appointment process can hamper impartial appointments. The commission’s operation is hampered by failure to make appointments on schedule.
Decrease in autonomy and independence: The independence of information commissions may be threatened by efforts to weaken the Act. The independence and effectiveness of commissioners are compromised when their status or authority are reduced.

ACTIONS TAKEN TO IMPROVE THE FUNCTIONING OF INFORMATION COMMISSIONS:

Giving the commissions a sufficient amount of financial resources and infrastructure support.
Appointing commissioners with diversity, and filling vacancies as soon as possible.
Streamlining the processes for submitting and resolving complaints and appeals.
Establishing online platforms where people may submit applications, appeals, complaints, and check on the progress of those submissions.
Providing staff and commissioners with frequent training and capacity-building programs.

SOURCE: https://m.thewire.in/article/government/satark-nagrik-sangathan-report-card-information-commission-rti/amp

3. CHERIYAPANI

TAG: GS 3: ECONOMY

THE CONTEXT: Recently, an international, high-speed passenger ferry service Cheriyapani between Nagapattinam on the eastern coast of Tamil Nadu and Kankesanthurai in the northern province of Sri Lanka, has been resumed after a gap of nearly four decades.

EXPLANATION:

The high-speed craft (HSC) Cheriyapani, embarked on its journey around 8.15 a.m. with 50 passengers and 12 crew members.
Ferry service will help strengthen cultural, commercial, and civilisational ties between the two nations.

CHERIYAPANI:

The high-speed ferry operated by the Shipping Corporation of India has a capacity of 150 pax.
The distance of about 60 nm (110 Km) between Nagapattinam and KKS will be covered in approx. 3.5 hours depending on sea conditions.
To commence the service, the Government of India supported the Tamil Nadu Maritime Board in upgrading facilities at the Nagapattinam port.
Similarly, the Government of Sri Lanka has created necessary infrastructure at the port of KKS.
The Government of India’s efforts to start the ferry service are in line with the Government’s priority to enhance connectivity with neighbours and in the wider Indian Ocean Region.

IMPORTANCE OF THE FERRY SERVICES:

A direct passenger ferry between Sri Lanka and India will provide an efficient and cost-effective means of travel for the people of the two countries, boost tourism and trade links and strengthen ties.
The ferry will also enhance economic activity around the two ports and invigorate local economies.
It may be recalled that direct air connectivity between Chennai and Jaffna, which was suspended during the Covid pandemic, was resumed in December 2022.
Enhancing direct connectivity with the Northern Province of Sri Lanka complements Government of India’s other ongoing development initiatives in the region.
The Governments of India and Sri Lanka will continue to work towards commencement of ferry services between other ports, including the traditional route between Rameswaram- Talaimannar.

SOURCE: https://indianexpress.com/article/india/india-sri-lanka-ferry-service-set-to-begin-tuesday-8972757/

4. NexCAR19

TAG: GS 3: SCIENCE AND TECHNOLOGY

THE CONTEXT: Recently, Mumbai-based Immunoadoptive Cell Therapy Private Limited (ImmunoACT) announced the approval of India’s first chimeric antigen receptor (CAR) T-cell therapy Called NexCAR19 by the Central Drugs Standard Control Organization (CDSCO).

EXPLANATION:

ImmunoACT is an IIT Bombay-incubated company founded in 2018 and works on converting research into pharmaceutical products.
CAR-T cell therapy cost around $400,000 or over Rs 3.3 crore and patients could avail of it in the United States.
With this development, the therapy will be accessible at 20 Indian government and private hospitals treating cancer across major cities at around Rs 30-35 lakh per patient,

NexCAR19:

It is an indigenously developed CD19-targeted CAR-T cell therapy.
- CD-19 is biomarker for B lymphocytes and can be utilised as a target for leukaemia immunotherapies.
It will be used for treating relapsed-refractory B-cell lymphoma and leukaemia.

HOW DOES IT WORK?

For CAR-T-cell therapy, a type of cancer immunotherapy treatment, blood is first drawn from the patient.
Then, immune cells called T-cells are genetically modified in a laboratory and are injected back into the patient to enable the cells to locate and destroy cancer cells more effectively.
Investigations were led by Dr Hasmukh Jain and Dr Gaurav Narula and their teams at Tata Memorial Hospital in Mumbai.
It is a major breakthrough as the therapy is not available in India outside of clinical trials.
The multi-centre Phase I and II clinical trials were conducted with 60 patients with r / r B-cell lymphomas and leukemia.
The clinical data indicated a 70 per cent overall response rate.

SIDE EFFECTS:

CAR T-cell therapy is generally accompanied by some side effects.
One of them, according to the American Cancer Society, is cytokine release syndrome (CRS).
It is when CAR T-cells multiply, they can release large amounts of chemicals called cytokines into the blood, which can ramp up the immune system.
In comparison to other CAR T-cell therapies, the safety profile of CRS and the absence of neurotoxicity indicates a significant improvement.
NexCAR19 has shown an excellent balance of efficacy and low toxicity, which is a significant advantage in clinical management (post-infusion) of the patients in our resource-constrained settings.

SOURCE: https://www.downtoearth.org.in/news/health/cancer-treatment-breakthrough-india-s-homegrown-car-t-cell-therapy-a-form-of-immunotherapy-gets-market-authorisation-92302

5. ASTEROID BENNU SAMPLE

TAG: GS 3: SCIENCE AND TECHNOLOGY

THE CONTEXT: According to National Aeronautics and Space Administration (NASA), Samples collected from 4.5-billion-year-old asteroid Bennu could indicate the building blocks of life on Earth.

EXPLANATION:

Initial studies on the samples collected in space and recently brought back on earth have shown evidence of high-carbon content and water-bearing clay minerals.

BENNU:

Bennu is a small near-Earth asteroid that passes close to Earth every six years.
It is 4.5 billion-year-old relic of our solar system.
Bennu’s current composition was established within 10 million years of the formation of our solar system.
The material collected from the asteroid acts as a time capsule from the earliest days of our solar system and can help us answer big questions about the origins of life and the nature of asteroids.
The Origins, Spectral Interpretation, Resource Identification, and Security-Regolith Explorer, better known as OSIRIS-REx, is the first United States mission to collect a sample from an asteroid.
The spacecraft was launched on September 8, 2016 and the sample was collected three years ago.
OSIRIS-REx returned to Earth on September 24, 2023 to drop off material from asteroid Bennu.
- The mission has provided an “abundance” of samples.
- The goal of the OSIRIS-REx sample collection was to collect 60 grams of asteroid material.
- But scientists disassembling the sample return hardware found bonus particles covering the outside of the collector head, canister lid and base. The total sample weight has been estimated at around 250 gms.
After dropping off the sample, it continued on to a new mission to explore the asteroid Apophis.

FOR MORE INFORMATION ON BENNU AND OSIRIS-Rex, PLEASE REFER TO THE SEPTEMBER CURRENT AFFAIRS MAGAZINE.

SOURCE: https://www.downtoearth.org.in/news/water/nasa-finds-proof-of-carbon-water-in-asteroid-bennu-samples-92276

WSDP Bulletin (14-10-2023)

(Newspapers, PIB and other important sources)

Prelim and Main

Ministry of Ayush’s endeavours towards Special Campaign 3.0 gear up READ MORE
Notification issued for Green Credit Program (GCP) and Ecomark scheme Under LiFE Initiative to Promote Sustainable Lifestyle and Environmental Conservation READ MORE
Indian Railways’ PSUs, RITES Ltd and IRCON granted Navratna status READ MORE
India’s 1st CAR-T cell therapy developed by ImmunoACT gets CDSCO nod READ MORE
CJI says India’s abortion law is liberal, pro-choice and far ahead of other countries READ MORE
Government mulls partnerships to make semiconductor chips READ MORE
What is Australia’s Indigenous Voice referendum? READ MORE
Farmers lost $3.8 trillion to disasters over 30 years: FAO’s first-ever global estimation READ MORE
More than half of world’s poor out of safety net coverage, says World Bank READ MORE
World’s water cycle severely impacted by climate change and human activities in 2022: WMO READ MORE

Main

GS Paper- 1

Parents and educators must reduce student stress READ MORE
Changed outlook READ MORE
Is climate change the reason for Sikkim flash floods? READ MORE

GS Paper- 2

POLITY AND GOVERNANCE

Testing the waters for General Elections 2024 READ MORE
Democracy dies when justice suffers READ MORE
16th Finance Commission’s political challenge READ MORE

SOCIAL ISSUES

Hunger pangs: Alarming findings of 2023 global index READ MORE
India Ranks 111 in Global Hunger Index; Report Makers Reject Indian Government Objections READ MORE

INTERNATIONAL ISSUES

Balancing policy: On Israel, Palestine and India’s line: India must pressure Israel to act responsibly in the face of terror READ MORE
A war that ends the Saudi-Israel ‘normalisation’ process READ MORE

GS Paper- 3

ECONOMIC DEVELOPMENT

Claudia Goldin’s quiet revolution: How she helped feminise economic enquiry READ MORE
Why we must cheer the Nobel for Goldin READ MORE
The economic mosaic: Chugging along at the ‘new-old normal’ growth rate READ MORE
DC Edit | Inflation falls, RBI still cautious READ MORE
Role of Banks in Promoting Risky Financial Assets READ MORE

ENVIRONMENT AND ECOLOGY

Clearing the air: Contrary to general perception, there is no change in India’s stand on Palestine READ MORE
Meeting the Goals of the Paris Agreement READ MORE

SCIENCE AND TECHNOLOGY

AI could redefine police techniques READ MORE

DISASTER MANAGEMENT

Localise strategies to build climate resilience READ MORE
India’s cyclone warning system is the model for disaster-proofing the country. Floods next READ MORE

INTERNAL SECURITY

How the Khalistan movement is interlinked with Punjab’s growing drug problem, gun culture READ MORE
Beyond ‘Black Mirror’s’ fiction – Impact of Generative AI on policing, security READ MORE

GS Paper- 4

ETHICS EXAMPLES AND CASE STUDY

Working and praying READ MORE
Narges’ Nobel and the all-pervasive fear of freedom READ MORE

Questions for the MAIN exam

Repeated elections have a cost, but the benefits of enhanced democracy that they trigger are far greater. Critically examine the statement in the light of recent debate about One Nation, One Election.
India is diverse, with different regions confronting diverse issues, and that impacts politics in the states. In light of statement, how far do you agree with this view that the concept of One Nation, One Election goes against the reality of India’s diversity?
Balancing growth and inflation is a complex endeavour, requiring a steady hand on the economic tiller. Discuss how India can this balance in the ongoing uncertain global economic landscape?
Assessing vulnerabilities is the first step in reducing disaster risk. In light of recent disasters in the Himalayan region, discuss how the climate resilience approach in infrastructure development can minimize the disaster risk in that region.
The bureaucracy delivers on episodic events like conducting elections, which have a clear exit date but when it comes to daily events such as provision of civic amenities, the result is deeply unsatisfactory. Do you think that the division of bureaucracy between the three levels of government is a likely reason for such unamenities?
Modern states have evolved from directly running factories to regulating economic activity and for that, the Indian government need to revisit the bureaucracy’s recruitment process and should focus on more domain expertise. Discuss.

QUOTATIONS AND CAPTIONS

Political language is designed to make lies sound truthful and murder respectable.
Delhi’s history of intervening positively also led to the ironical consternation of the Maldivian opposition parties who started a disquiet campaign against the Maldivian Government’s traditional ‘India First’ policy to suggest a compromise to Maldivian sovereignty.
Democracy weakens when the people’s choice is not based on who will represent their interests and fulfil their aspirations.
Democracy is always in a state of flux and not in its ideal form.
To strengthen democracy, politics needs to be more accountable.
Having one election every five years will make political parties more unaccountable and free to fulfil the agenda of vested interests. That will weaken democracy and cost the nation far more than the direct and indirect costs of elections at present.
Even if India had a perfect democracy, the ‘One Nation, One Election’ idea assumes homogeneity in the nation.
A one-size-fits-all approach goes against the reality of the nation’s diversity and can lead to severe political backlash.
The reality is that India has an imperfect democracy that needs to be strengthened.
Elections are the times when the public can force political parties to become answerable.
Repeated elections have a cost, but the benefits of enhanced democracy that they trigger are far greater.
No farmers’ company can address climatic aberrations amidst a changing climate, broken landscapes, tattered ecologies and market volatilities unless supported by policies and incentives.
Balancing growth and inflation is a complex endeavour, requiring a steady hand on the economic tiller.
Ever since the artificial intelligence chatbot GPT technology burst on the global computer media scene suggesting its multifarious applications and uses in almost any area of human endeavour.
If the ASEAN has to remain relevant, it needs to reinvent itself to suit the changing regional environment.
Shortage of workers is pushing the demand for farm equipment. India can dominate the world market by leveraging its machine tools.
The UN has the responsibility to resolve conflicts. But its failure should not be taken as an opportunity to abet terrorism in the name of freedom.
It is crucial to re-evaluate building typologies and focus on developing climate-resilient designs.
The bureaucracy delivers on episodic events like conducting elections, which have a clear exit date. But when it comes to daily events such as provision of civic amenities, the result is deeply unsatisfactory.

50-WORD TALK

Instead of issuing defensive reactions to the Global Hunger Index, the government should instead engage with the root issue—nutrition. India might not have the empty-bellied hunger such indices imply, but it does have widespread and severe malnutrition and anaemia. Free foodgrain alleviates hunger, but balanced meals are what Indians need.
Israel cannot carpet bomb Gaza into rubble. It has a right to defend itself and respond to terrorism, but indiscriminately targeting civilian areas isn’t the way. Israel will find it increasingly difficult to have the unambiguous support of its allies. It also risks ceding Middle East leadership role to Iran.

Things to Remember:

For prelims-related news try to understand the context of the news and relate with its concepts so that it will be easier for you to answer (or eliminate) from given options.
Whenever any international place will be in news, you should do map work (marking those areas in maps and exploring other geographical locations nearby including mountains, rivers, etc. same applies to the national places.)
For economy-related news (banking, agriculture, etc.) you should focus on terms and how these are related to various economic aspects, for example, if inflation has been mentioned, try to relate with prevailing price rises, shortage of essential supplies, banking rates, etc.
For main exam-related topics, you should focus on the various dimensions of the given topic, the most important topics which occur frequently and are important from the mains point of view will be covered in ED. Try to use the given content in your answer. Regular use of this content will bring more enrichment to your writing.

VENDETTA WITHOUT LIMIT: ON THE RESURRECTION OF AN OLD CASE AGAINST ARUNDHATI ROY

THE CONTEXT: Recently, Delhi’s Lieutenant Governor acted against the writer Arundhati Roy and a former professor, which has led to the revival of the 13-year-old case.

MORE ON THE NEWS:

The Prima facie case against both activists was made under Sections 153A and 153B of the Indian Penal Code.

1. Section 153A: Section 153A of the Indian Penal Code (IPC) deals with the offence of promoting disharmony, enmity or feelings of hatred between different groups on the grounds of religion, race, place of birth, residence, language, etc. and doing acts prejudicial to maintenance of harmony. The offence is a cognizable offence and the punishment for the same may extend to three years, or with a fine, or with both. However, the punishment for the offence committed in a place of worship is enhanced up to five years and fine.
2. Section 153B: Section 153B of the IPC safeguards the interests of “class of persons” and above all the “national integration” by providing punishment against assertions prejudicial to national integration.

The First Information Report (FIR) accuses them of hate speech for disrupting social harmony and of acting in ‘public mischief’ and of sedition. It also included Section 13 of the Unlawful Activities (Prevention) Act (UAPA) which seeks to punish “unlawful activities”.
It has came in the wake of the recent arrest of the Editor-in-Chief of NewsClick under an anti-terrorism law and other penal provisions.

What is Hate Speech?

Law Commission of India, in the 267th Report, states that hate speech is an incitement to hatred primarily against a group of persons defined in terms of race, ethnicity, gender, sexual orientation, religious belief and the like. It can hurt individuals or groups and can lead to violence and intolerance in society.

Regulation of Hate Speech in India:

Freedom of Speech: There is provision of freedom of speech in our fundamental rights under Article 19(1)(a) and Article 19(2). It has certain restrictions in the interests of sovereignty, integrity, security, friendly relations with foreign states, public order, dignity, morality, contempt of court, defamation, or instigation of an offence.
Indian Penal Code:

1. Sections 153A and 153B of the IPC: It deals with enmity and hatred between groups.
2. Section 295A of the IPC: It deals with intentional outrage the religious feelings of a class of persons.
3. Sections 505(1) and 505(2): It makes the publication and circulation of content that may cause hatred between different groups an offence.

Protection of Civil Rights Act, 1955: It penalises encouragement of untouchability through words either spoken or written or by signs or by visible representations or otherwise.

EXISTING SEDITION LAW

Sedition can be broadly defined as any act that incites violence, rebellion, or resistance against the established government or its institutions. In India, Section 124A of the Indian Penal Code (IPC) addresses the offence of sedition.
It is a non-bailable offence. Punishment under Section 124A ranges from imprisonment up to three years to a life term, to which a fine may be added.
However, recently, The Bharatiya Nyaya Sanhita Bill, 2023 has been introduced which is expected to bring about a significant transformation in the nation’s criminal justice system. It addresses the offence of sedition, although it refrains from explicitly using the term “sedition.” Instead, it characterizes the offence as “jeopardizing the sovereignty, unity, and integrity of India.”

ISSUES ARISING FROM THE CASE:

Persisting intolerance: The revival of such old case seems to follow a pattern of grudge and intolerance against civil society and outspoken critics.
Colonial mindset: The imposition of such offences shows the colonial mindset, like the British have introduced these laws to suppress legitimate forms of dissent, and the government seems to use it in a similar way.
Undermining democratic values: India is seen primarily as a democratic country but constant use of sedition laws and terming the voice of dissent as hate speech tends to undermine the democratic values of the country.
Against Supreme Court judgment: Supreme Court in Kedar Nath Singh vs State of Bihar case 1962 talked about limited application of sedition. Thus, invoking sedition charges to suppress the critics is against the judgement.

THE WAY FORWARD:

Awareness and tolerance: There is a need to promote awareness about the effects of hate speech to prevent its spread. However, there should also be awareness about the difference between hate speech and positive criticism to promote voices to encourage tolerance.
Role of Civil Society: There is a need for a proactive role of civil society by enhancing their engagement by the measures as media literacy and dialogue to counter the menace of misuse of sedition laws.
Use of Judiciary power: The judiciary should use its supervisory powers to sensitize the magistracy and police to the constitutional provisions protecting free speech.
Strengthen legislation: There is a need to enforce and strengthen legislation and enforce codes for holding individuals accountable for hate speech and promote media ethics to discourage its circulation.

THE CONCLUSION: The recent charges imposed on writer and activist by authorities seems to be a breach of freedom of speech and misuse of power. In this respect, there is an urgent need to have a bias free inquiry of the case to ensure rights of the activists and to maintain peace and harmony in the society.

Note: Refer to 5^th October Mains focus for more information.

PREVIOUS YEAR QUESTIONS

Q.1 There is a need for simplification of the procedure for disqualification of persons found guilty of corrupt practices under the Representation of Peoples Act” Comment. (2020)

Q.2 “Recent amendments to the Right to Information Act will have a profound impact on the autonomy and independence of the Information Commission”. Discuss. (2020)

MAINS PRACTICE QUESTIONS

Q.1 The Law Commission has rightly said, “an expression of frustration over the state of affairs cannot be treated as sedition”. Comment.

Q.2 There is an ongoing debate between hate speech and free speech. In this respect, explain the laws governing hate speech and free speech in the country while differentiating between both.

SOURCE: https://www.thehindu.com/opinion/editorial/vendetta-without-limit-the-hindu-editorial-on-the-resurrection-of-an-old-case-against-arundhati-roy-and-an-academician/article67412339.ece

WSDP Bulletin (13-10-2023)

(Newspapers, PIB and other important sources)

Prelim and Main

Mission Indradhanush 5.0 (IMI 5.0) campaign with special focus on improvement of Measles and Rubella vaccination coverage, will conclude all three rounds on 14 October 2023 READ MORE
INDEX OF INDUSTRIAL PRODUCTION RISES TO 10.3% IN AUGUST 2023 READ MORE
India ranks 111 out of 125 countries in Global Hunger Index READ MORE
What war crimes laws apply to the Israel-Palestinian conflict? READ MORE
Why Odisha govt’s new rural development scheme has triggered a controversy READ MORE
Dragonfly: The faces of wetlands in India READ MORE
IMI 5.0 reaches children up to five years for the first time READ MORE
Biohydrogen’s role in India’s green hydrogen pathway READ MORE
Targeted methane mitigation can avoid 0.1°C warming in 2050, should be adopted with decarbonisation efforts: Report READ MORE
Joshimath sinking: Landslides in region not a new problem, says GSI report READ MORE

Main

GS Paper- 1

The case for caste census in India | Explained READ MORE
Changed outlook READ MORE
Is climate change the reason for Sikkim flash floods? READ MORE

GS Paper- 2

POLITY AND GOVERNANCE

Should the 50 % legal ceiling on reservation be reconsidered? READ MORE
Administrators: All services need more officers, not just IFS. So do local govts. And recruit more specialists READ MORE
Pharma laxity: No tainted firm deserves leniency READ MORE
Make funding truly transparent and free of cash for fair polls READ MORE
‘One Nation, One Election’ Will Further Weaken Indian Democracy READ MORE

SOCIAL ISSUES

Pro-choice, pro-women: A split SC verdict reflects a wider judicial-medical confusion about abortion rights. This must change READ MORE
India Ranks 111th Among 125 Countries in Global Hunger Index Report READ MORE

INTERNATIONAL ISSUES

Non-state actors are a threat to world peace READ MORE
ASEAN must reinvent itself to stay relevant in region READ MORE
India-Maldives Ties: A Walk on Eggshells As New Delhi Faces the China Question READ MORE

GS Paper- 3

ECONOMIC DEVELOPMENT

Ways to make IBC more effective READ MORE
Terms of Trade | Let’s discuss India’s growth forecast READ MORE
The right path: IMF raises India’s growth rate, validating that its economy is on a firm footing READ MORE
India’s farm machinery has global market READ MORE
By the farmers READ MORE
IMF and India READ MORE

ENVIRONMENT AND ECOLOGY

Curbing air pollution: Centre, states need to work in close coordination READ MORE

SCIENCE AND TECHNOLOGY

AI could redefine police techniques READ MORE

DISASTER MANAGEMENT

Localise strategies to build climate resilience READ MORE
India’s cyclone warning system is the model for disaster-proofing the country. Floods next READ MORE

INTERNAL SECURITY

How the Khalistan movement is interlinked with Punjab’s growing drug problem, gun culture READ MORE
Beyond ‘Black Mirror’s’ fiction – Impact of Generative AI on policing, security READ MORE

GS Paper- 4

ETHICS EXAMPLES AND CASE STUDY

Lies, levels, life: Cultivating your best being READ MORE
Misery is a choice READ MORE

Questions for the MAIN exam

Repeated elections have a cost, but the benefits of enhanced democracy that they trigger are far greater. Critically examine the statement in the light of recent debate about One Nation, One Election.
India is diverse, with different regions confronting diverse issues, and that impacts politics in the states. In light of statement, how far do you agree with this view that the concept of One Nation, One Election goes against the reality of India’s diversity?
Balancing growth and inflation is a complex endeavour, requiring a steady hand on the economic tiller. Discuss, how India can this balance in the ongoing uncertain global economic landscape?
Assessing vulnerabilities is the first step in reducing disaster risk. In light of recent disasters in the Himalayan region, discuss how the climate resilience approach in infrastructure development can minimize the disaster risk in that region.
The bureaucracy delivers on episodic events like conducting elections, which have a clear exit date but when it comes to daily events such as provision of civic amenities, the result is deeply unsatisfactory. Do you think that the division of bureaucracy between the three levels of government is a likely reason for such unamenities?
Modern states have evolved from directly running factories to regulating economic activity and for that Indian government needs to revisit the bureaucracy’s recruitment process and should focus on more domain expertise. Discuss.

QUOTATIONS AND CAPTIONS

Political language is designed to make lies sound truthful and murder respectable.
Delhi’s history of intervening positively also led to the ironical consternation of the Maldivian opposition parties who started a disquiet campaign against the Maldivian Government’s traditional ‘India First’ policy to suggest a compromise to Maldivian sovereignty.
Democracy weakens when the people’s choice is not based on who will represent their interests and fulfil their aspirations.
Democracy is always in a state of flux and not in its ideal form.
To strengthen democracy, politics needs to be more accountable.
Having one election every five years will make political parties more unaccountable and free to fulfil the agenda of vested interests. That will weaken democracy and cost the nation far more than the direct and indirect costs of elections at present.
Even if India had a perfect democracy, the ‘One Nation, One Election’ idea assumes homogeneity in the nation.
A one-size-fits-all approach goes against the reality of the nation’s diversity and can lead to severe political backlash.
The reality is that India has an imperfect democracy that needs to be strengthened.
Elections are the times when the public can force political parties to become answerable.
Repeated elections have a cost, but the benefits of enhanced democracy that they trigger are far greater.
No farmers’ company can address climatic aberrations amidst a changing climate, broken landscapes, tattered ecologies and market volatilities unless supported by policies and incentives.
Balancing growth and inflation is a complex endeavour, requiring a steady hand on the economic tiller.
Ever since the artificial intelligence chatbot GPT technology burst on the global computer media scene suggesting its multifarious applications and uses in almost any area of human endeavour.
If the ASEAN has to remain relevant, it needs to reinvent itself to suit the changing regional environment.
Shortage of workers is pushing the demand for farm equipment. India can dominate the world market by leveraging its machine tools.
The UN has the responsibility to resolve conflicts. But its failure should not be taken as an opportunity to abet terrorism in the name of freedom.
It is crucial to re-evaluate building typologies and focus on developing climate-resilient designs.
The bureaucracy delivers on episodic events like conducting elections, which have a clear exit date. But when it comes to daily events such as provision of civic amenities, the result is deeply unsatisfactory.

50-WORD TALK

The external affairs ministry’s statement has rightly made it clear that India’s condemnation of the Hamas terror attack on Israel and New Delhi’s stated support to two-states solution on Palestine are not mutually exclusive. Unnecessarily obfuscating the two issues only sullies public debate. India’s position has been nuanced but consistent.
Supreme Court listing electoral bonds case for final hearing after six years is welcome. Issues at stake are vital for democracy— need for transparency in political funding and undue advantage to ruling party. From passage as Money Bill to legalization of anonymity—this haze-shrouded scheme calls for thorough judicial scrutiny.

Things to Remember:

For prelims-related news try to understand the context of the news and relate with its concepts so that it will be easier for you to answer (or eliminate) from given options.
Whenever any international place will be in news, you should do map work (marking those areas in maps and exploring other geographical locations nearby including mountains, rivers, etc. same applies to the national places.)
For economy-related news (banking, agriculture, etc.) you should focus on terms and how these are related to various economic aspects, for example, if inflation has been mentioned, try to relate with prevailing price rises, shortage of essential supplies, banking rates, etc.
For main exam-related topics, you should focus on the various dimensions of the given topic, the most important topics which occur frequently and are important from the mains point of view will be covered in ED. Try to use the given content in your answer. Regular use of this content will bring more enrichment to your writing.

TOP 5 TAKKAR NEWS OF THE DAY (12th OCTOBER 2023)

1. HABITAT RIGHTS

TAG: GS 2: POLITY, GS 3: ECOLOGY AND ENVIRONMENT

THE CONTEXT: The Baiga tribe, a particularly vulnerable tribal group (PVTG) in Chhattisgarh, was awarded habitat rights under the Forest Rights Act 2006.

EXPLANATION:

The Baiga Particularly Vulnerable Tribal Group (PVTG) became the second to get habitat rights in Chhattisgarh, after the Kamar PVTG.
There are seven PVTGs in Chhattisgarh, who live in 17 of the state’s 33 districts.
These are Kamar, Baiga, Pahadi Korba, Abujhmadiya, Birhor, Pando and Bhujia.
A total of 19 Baiga villages with a population of 6,483 people (2,085 families) have been given the habitat rights.

WHAT ARE HABITAT RIGHTS?

Habitat rights recognition provides the community concerned rights over their customary territory of habitation, economic and livelihood means, intellectual knowledge of biodiversity and ecology etc.
Habitat rights safeguard and promote traditional livelihood and ecological knowledge passed down through generations.
They also help converge different government schemes and initiatives from various departments to empower PVTG communities to develop their habitats.

LEGAL STATUS OF THE HABITAT RIGHTS:

Habitat rights are given to PVTGs under section 3(1) (e) of The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 also known as the Forest Rights Act (FRA).
According to Section 2(h) of FRA, “Habitat includes the area comprising the customary habitat and such other habitats in reserved forests.
- It also includes protected forests of primitive tribal groups and pre-agricultural communities and other forest dwelling Scheduled Tribes.”

CAN HABITAT RIGHTS BE USED TO STOP ACTIVITIES LIKE MINING?

The habitat rights will help the PVTG protect their habitat from developmental activities harmful to them.
Forest Rights have legal protection under the Forest Conservation Act, the Land Acquisition law of 2013, and even the SC/ST Prevention of Atrocities.
If any kind of development activity is hampering their habitat rights, the tribal group concerned can take up the matter with the administration under the Forest Rights Act, and if not resolved, the matter can be taken to court.

WHICH TRIBES ARE TERMED PVTGs?

According to the ministry of tribal affairs (MoTA), the following tribals will be declared as PVTG:
- tribal communities who are technologically backward,
- who have stagnant or declining population growth,
- extremely low level of literacy, and
- a subsistence level of economy.
PVTGs have low health indices and largely reside in isolated, remote, and difficult areas in small and scattered hamlets/habitats.
The ministry has identified 75 PVGTs in 18 states and one Union Territory.
In 2019, the MoTA started a scheme for their protection and improvement in terms of social indicators like livelihood, health, nutrition and education to decrease their vulnerability.
Out of 75 PVTG in India, only three have habitat rights.
The Bharia PVTG in Madhya Pradesh was the first, followed by the Kamar tribe and now the Baiga tribe in Chhattisgarh.

GOVERNMENT SCHEME(S) FOR PVTGs:

Ministry of Tribal Affairs implements a scheme in the name of ‘Development of Particularly Vulnerable Tribal Groups (PVTGs)’.
It is a Centrally Sponsored Scheme having a provision of 100% Central assistance to 18 states and Union territory of Andaman & Nicobar Islands.
The scheme of Development of PVTGs aims at socio-economic development of PVTGs in a comprehensive manner, while retaining their culture and heritage.
As a part of the scheme, State Governments undertakes projects that are tailored to cater to sectors like education, health and livelihood schemes for the PVTGs.

SOURCE: https://m.timesofindia.com/city/raipur/chhattisgarh-baiga-tribe-gets-habitat-rights-under-fra/articleshow/104349103.cms

2. GI TAG FOR GOA CASHEW

TAG: GS 3: ECOLOGY AND ENVIRONMENT

THE CONTEXT: Goa cashew has been granted the Geographical Indication (GI) tag, ensuring recognition and safeguarding for local cashew farmers.

EXPLANATION:

The GI tag is a positive development for the local cashew industry in Goa.
It will help to protect the interests of local farmers and promote the unique identity of Goa cashew.
It will also help to promote Goa cashew in new markets and increase demand for the product.
The GI tag is a boon for local cashew farmers, who will now be able to get a better price for their produce.
It will also help to preserve the traditional cashew farming practices of Goa.

Here are some of the specific benefits that the GI tag will bring to local cashew farmers in Goa:

Higher prices:
- The GI tag will help to increase the demand for Goa cashew, which will lead to higher prices for farmers.

Improved market access:
- The GI tag will help to promote Goa cashew in new markets, which will give farmers a wider reach for their produce.

Preservation of traditional practices:
- The GI tag will help to preserve the traditional cashew farming practices of Goa, which are unique to the region.

Increased employment opportunities:
- The cashew industry in Goa is a major source of employment for local people.
- The GI tag is expected to boost the cashew industry, which will lead to increased employment opportunities for farmers and other workers in the sector.

DIFFERENT VARIETIES OF CASHEW GROWN IN GOA:

Balli-2:
- It is a variety developed and released in 1999 from the ICAR Research Complex in Goa.
- This is the first cashew variety released from Goa.
- The average yield of Balli-2 is 7.0 kg/tree with a nut weight of about 7.6 g and the shelling percentage of 30.0%.

Goa-1:
- This is a high-yielding variety that was developed by the Indian Council of Agricultural Research (ICAR).
- It is one of the most popular varieties grown in Goa today.

B-7:
- This is another high-yielding variety that was developed by the ICAR.
- It is known for its large nuts and good taste.

Vengurla-4:
- This variety is known for its early ripening and high yield. It is also a good source of vitamins and minerals.

Vengurla-7:
- This variety is known for its large nuts and good taste. It is also resistant to pests and diseases.

CLIMATE AND SOIL:

It is hardy tropical plant and does not exact a very specific climate.
It can come up in places situated within 35° latitude on either side of the equator and also in the hill ranges up to 700 m MSL.
It can grow well in places receiving rainfall from 50 cm to 250cm and tolerates a temperature range of 25°-49°c .
It requires a bright weather and does not tolerate excessive shade.
Cashew is cultivated on a wide variety of soils in India like laterite, red and coastal sandy soil.
To a limited extent, it is also grown on black soils.
It can be also grown in hill slopes in virgin organic matter rich soils.
They do not prefer waterlogged or saline soils.

UNIQUE QUALITIES OF GOA CASHEW:

Taste:
- Goa cashew is known for its sweet, buttery flavours.
- The nuts are also slightly crunchy and have a pleasant, nutty aroma.

Texture:
- Goa cashew is large, plump, and has a creamy white colour.
- The nuts have a slightly crunchy texture.

Aroma:
- Goa cashew has a pleasant, nutty aroma.

Nutritional value:
- Goa cashew is a good source of vitamins, minerals, and healthy fats.
- The nuts are a good source of fiber, protein, and iron.
- The nuts also contain essential vitamins such as vitamin E, vitamin B6, and vitamin K.
- The nuts are also a good source of healthy fats such as monounsaturated and polyunsaturated fats.

GI TAG:

The Geographical Indication (GI) tag is a special sign that is granted to products that have a specific geographical origin and possess distinct qualities or characteristics that are attributable to that origin.
The GI tag is a valuable form of intellectual property protection that can help to promote and preserve the unique identity of a product.

SOURCE: https://timesofindia.indiatimes.com/city/goa/goan-cashew-with-unique-taste-identity-gets-gi-tag/articleshow/104148345.cms?from=mdr

3. ROYALTY RATES FOR THE STRATEGICALLY SIGNIFICANT MINERALS

TAG: GS 3: ECOLOGY AND ENVIRONMENT

THE CONTEXT: The Centre has specified competitive royalty rates for the mining of three strategically significant minerals lithium, niobium, and rare earth elements (REEs).

EXPLANATION:

The approval of the Union Cabinet of specification of rate of royalty will enable the Central Government to auction blocks for Lithium, Niobium and REEs for the first time in the country.
Royalty rate on minerals is an important financial consideration for the bidders in auction of blocks.
Further, manner for calculation of Average Sale Price (ASP) of these minerals has also been prepared by the Ministry of Mines which will enable determination of bid parameters.
The Union Cabinet approved amendment of Second Schedule of the Mines and Minerals (Development and Regulation) Act, 1957 (‘MMDR Act’).

Mines and Minerals (Development and Regulation) (MMDR) Amendment act, 2023:

It was passed by the Parliament, which has come into force from 17th August, 2023.
The Amendment, among other things, delisted six minerals, including Lithium and Niobium, from the list of atomic minerals.
It will allow grant of concessions for these minerals to private sector through auction.
Further, the amendment provided that mining lease and composite license of 24 critical and strategic minerals shall be auctioned by the Central Government.
- It is listed in Part D of the First Schedule of the Act, including Lithium, Niobium and REEs (not containing Uranium and Thorium).

ROYALTY RATES:

The Second Schedule of the MMDR Act provides royalty rates for various minerals.
Item No.55 of the Second Schedule provides that royalty rate for the minerals whose royalty rate is not specifically provided therein shall be 12% of the Average Sale Price (ASP).
Thus, if the royalty rate for Lithium, Niobium and REE is not specifically provided, then their default royalty rate would be 12% of ASP, which is considerably high as compared to other critical and strategic minerals.
Also, this royalty rate of 12% is not comparable with other mineral producing countries.
Thus, it is decided to specify a reasonable royalty rate of Lithium, Niobium and REE as below:

1. Lithium – 3% of London Metal Exchange price,
2. Niobium –3% of Average Sale Price (both for primary and secondary sources),
3. REE- 1% of Average Sale Price of Rare Earth Oxide

IMPORTANCE OF CRITICAL MINERALS:

Critical minerals have become essential for economic development and national security in the country.
Critical minerals such as Lithium and REEs have gained significance in view of India’s commitment towards energy transition and achieving net-zero emission by 2070.
Lithium, Niobium and REEs have also emerged as strategic elements due their usages and geo-political scenario.
Encouraging indigenous mining would lead to reduction in imports and setting up of related industries and infrastructure projects.
The proposal is also expected to increase generation of employment in the mining sector.

WAY FORWARD:

Geological Survey of India (GSI) has recently handed over the exploration report of REE and Lithium blocks.
Further, GSI and other exploration agencies are conducting exploration for critical and strategic minerals in the country.
The Central Government is working to launch the first tranche of the auction of critical and strategic minerals such as Lithium, REE, Nickel, Platinum Group of Elements, Potash, Glauconite, Phosphorite, Graphite, Molybdenum, etc. shortly.

SOURCE: https://indianexpress.com/article/explained/explained-economics/how-new-royalty-rates-for-strategic-minerals-lithium-rees-can-help-cut-their-imports-8978912/

4. THE CONSTITUTION BENCH HEARINGS

TAG: GS 2: POLITY

THE CONTEXT: A Bench led by Chief Justice of India (CJI) will hear four long-standing nine-judge Constitution Bench matters on October 12, for issuing procedural directions like the appointment of a nodal counsel and allocation of time for the compilation of written submissions before the onset of final hearings.

EXPLANATION:

Some of these cases have been pending for more than two decades now and involve crucial questions of law.
Let’s discuss all the four cases one by one:

PROPERTY OWNERS’ ASSOCIATION V. STATE OF MAHARASHTRA:

Issue:
- Whether the phrase ‘material resources of the community’ under Article 39(b) of the Constitution includes privately owned resources?

Background:
- Taking note of the crumbling residential structures in the city of Bombay, the State government in 1986 amended the Maharashtra Housing and Area Development Act, 1976.
- It included Chapter VIII-A, which empowered the Mumbai Building Repair and Reconstruction Board (MBRRB) to acquire cessed properties with the consent of 70% of the residents for restoration purposes.
- Section 1A of the Act stipulated that the legislation aimed to give effect to the policy of the State towards securing the Directive Principle of State Policy specified in Article 39(b) of the Constitution.
- Aggrieved by the power conferred upon the MBRRB to forcibly take possession of such residential complexes, the Property Owners’ Association, a body representing over 20,000 landowners in Mumbai, filed this lawsuit.

MINERAL AREA DEVELOPMENT V. M/S STEEL AUTHORITY OF INDIA & ORS 1999:

Issue:
- It questions whether ‘royalty’ under the Mines and Minerals (Development and Regulation) Act, 1957 is in the nature of a ‘tax’?

Background:
- The case pertains to a challenge to the Bihar Coal Mining Area Development Authority (Amendment) Act, 1992 and the rules framed thereunder.
- The rules led to the imposition of additional taxes on land revenue incurred from mineral-bearing lands leased out to mining industries.
- The mining industries argued that the State legislature was not competent to impose such taxes exercising their powers under Article 246 of the Constitution.

STATE OF UTTAR PRADESH V. JAI BIR SINGH 2002:

Issue:
- What is the definition of the term ‘industry’ under Section 2(j) of the Industrial Disputes Act, 1947?

Background:
- In this case, the question under consideration was whether the ‘social forestry’ department of a State would be covered by the definition of ‘Industry’ under Section 2(j) of the Industrial Disputes Act, 1947.
- The definition of the term ‘industry’ holds great significance, since any person who works in such an establishment is entitled to various protections under the Act.
- Protections such as a mandatory notice period before dismissal from service, maximum hours of work, provisions for leave, and fixed compensation.
- In 1978, a seven-judge Bench in Bangalore Water Supply v. R. Rajappa accorded a very broad definition to the term ‘industry,’ including even establishments functioning without a profit motive such as universities and charitable organizations within its ambit.
- Such an expansive definition and the stringent labour standards that this entailed were subsequently opposed by various industry bodies.
- In 1982, the Parliament passed an amendment to the Act creating several exceptions to the definition; however, the amendment never came into force.

STATE OF UP & ORS. V. M/S LALTA PRASAD VAISH 2007:

Issue:
- Interpretation of Section 18-G of the Industries (Development and Regulation) Act, 1951.

Background:
- In 1999, a notification was issued under the U.P. Licences for the Possession of Denatured Spirit and Specially Denatured Spirit Rules, 1976.
- It imposed a licence fee at 15% ad valorem on the sale made by any wholesale vendor to holders of licence under the U.P. Excise Act, 1910.
- Subsequently, the petitioner challenged the imposed license fee alleging that the State had no power to regulate the manufacture and sale of denatured spirits in view of Section 18-G of the Industries (Development and Regulation) Act, 1951.
- Section 18-G permits the Union government to regulate certain products related to scheduled industries to ensure that they are distributed fairly and are available at reasonable prices.
- At the same time, Entry 33 of List III of the Seventh Schedule of the Constitution confers concurrent powers on both the State and the Union governments to legislate with regard to the product of any industry.
- The Parliament declares that control of such industry by the Union is expedient in the public interest.

CONSTITUTION BENCH:

A Constitution Bench is constituted whenever a case requires the interpretation of key constitutional provisions or if there is a significant legal question to be decided.
Article 145(3) of the Constitution, which deals with the rules of the Court, provides for the setting up of Constitution Benches.
It stipulates that a minimum of five judges need to sit to decide a case involving:
- substantial question of law as to the interpretation of the Constitution, or
- hearing any reference under Article 143, which deals with the power of the President to consult the Supreme Court.
Constitution Benches wield great power in shaping India’s rule of law framework.
There is also a great deal of finality attached to the verdicts since the only way to get such a verdict overruled is to:
- first convince a subsequent five-judge bench that the view previously taken was wrong,
- have the matter referred to a larger bench of seven or nine judges, and
- convince the larger bench to overrule the previous judgment of the Constitution Bench.

SOURCE: https://www.thehindu.com/news/national/the-cases-before-the-new-cji-led-nine-judge-constitution-bench-explained/article67402840.ece

5. OPERATION AJAY

TAG: GS 2: INTERNATIONAL RELATIONS

THE CONTEXT: Recently, Operation Ajay has been launched to facilitate the return of Indian citizens from Israel as the conflict escalated with Israel retaliating against Hamas’s attack.

EXPLANATION:

The first batch of registered Indians in Israel were sent emails informing about India’s Operation Ajay which will repatriate Indians willing to be back home.

OPERATION AJAY:

Operation Ajay is an evacuation (some reports say repatriation) operation.
Indian Navy ships will be deployed if the need arises.
There are around 18,000 Indians in Israel including students, professionals and traders.
Special charter flights and other arrangements are being put in place.
A 24-hour control room in New Delhi is monitoring the situation in Israel and Palestine.
The first batch of Indians is expected to be brought back from Israel in a special flight.
This will be the second evacuation this year, after Operation Kaverithat brought back several thousand Indian citizens from conflict-torn Sudan in April-May.

SOURCE: https://www.thehindu.com/news/national/india-to-launch-operation-ajay-to-evacuate-nationals-from-israel/article67409408.ece

Today’s Important Articles for Pub Ad (12-10-2023)

Women’s quota — rhetoric and reality READ MORE
CrPC, IPC changes fall short of expectations READ MORE
RTI Act: Time to make it more effective READ MORE
Transparency Law | CIC’s evolution from defender to bystander READ MORE

WSDP Bulletin (12-10-2023)

(Newspapers, PIB and other important sources)

Prelim and Main

Cabinet approves royalty rates for mining of three critical and strategic minerals- Lithium, Niobium and Rare Earth Elements (REEs) READ MORE
Cabinet approves establishment of an autonomous body Mera Yuva Bharat READ MORE
‘Operation Ajay’ set to evacuate Indian nationals from Israel READ MORE
Cauvery Committee retains water release recommendation of 3,000 cusecs to T.N. READ MORE
The cases before the new CJI-led nine-judge Constitution Bench | Explained READ MORE
Order on cleaning rivers not followed, NGT issues notice to Chief Secretaries of all States, Ministry of Jal Shakti READ MORE
India, China agree to maintain momentum of ‘dialogue and negotiations’ READ MORE
How new royalty rates for strategic minerals lithium, REEs can help cut their imports READ MORE
What the GI tag can mean for the cashew industry in Goa READ MORE
India’s first bamboo-based biorefinery to start operations in March READ MORE
Chhattisgarh Baiga tribe gets habitat rights under FRA READ MORE

Main

GS Paper- 1

Globally, 9 million girls face extreme risks of climate disaster and child marriage every year: Report READ MORE
Changed outlook READ MORE
Even temporary global warming above 2°C will affect life in the oceans for centuries READ MORE
Is climate change the reason for Sikkim flash floods? READ MORE

GS Paper- 2

POLITY AND GOVERNANCE

Women’s quota — rhetoric and reality READ MORE
CrPC, IPC changes fall short of expectations READ MORE
RTI Act: Time to make it more effective READ MORE
Transparency Law | CIC’s evolution from defender to bystander READ MORE

SOCIAL ISSUES

Learning for the future READ MORE

INTERNATIONAL ISSUES

UN Security Council reform is a song in a loop READ MORE
Are reunifications the key to world peace? READ MORE
Global Leadership Is Not Just About Drafting a Statement READ MORE

GS Paper- 3

ECONOMIC DEVELOPMENT

India may face economic trouble as fertility levels drop READ MORE
The labour market is tougher on women. This is what the Economics Nobel for 2023 acknowledges READ MORE
Good, do better: For India, to be the fastest growing major economy isn’t enough. Real change needs 8% growth READ MORE
Focus on economy’s basics for 8% growth READ MORE
India Needs Stronger Exports to Hold the Line READ MORE

ENVIRONMENT AND ECOLOGY

Curbing air pollution: Centre, states need to work in close coordination READ MORE

SCIENCE AND TECHNOLOGY

Generic drugs are everywhere – and that’s a problem READ MORE

DISASTER MANAGEMENT

How the government covered up the severity of Teesta floods by blaming them on a ‘cloudburst’ READ MORE

INTERNAL SECURITY

How the Khalistan movement is interlinked with Punjab’s growing drug problem, gun culture READ MORE
Beyond ‘Black Mirror’s’ fiction – Impact of Generative AI on policing, security READ MORE

GS Paper- 4

ETHICS EXAMPLES AND CASE STUDY

The inescapable meaning of life READ MORE
Dealing with failure READ MORE

Questions for the MAIN exam

India’s economy is navigating a labyrinth of interconnected challenges, and addressing these challenges requires a multifaceted approach encompassing domestic policy reforms. Comment on the statement in light of global economic uncertainties and supply chain disruptions.
The challenges against world leadership cannot be addressed if the global institutions are not reformed with time. Analyse the statement in the light of recent global challenges.
If global institutions are not reformed as per occurring challenges, then instead of solving problems, they risk becoming part of the problem. In the light of statement, discuss the need for reforms in the United Nations.

QUOTATIONS AND CAPTIONS

Unlike carbon-based fuels, the wind and the sun and the earth itself provide fuel that is free.
China’s Tibet policy is primarily based on ruthless exploitation hidden under the façade of mega infrastructure projects which are showcased to the rest of the world as a sign of development in this region.
Goldin’s Nobel and her own awarded work which took decades of research provides a tremendous intellectual platform for a wider level of global policy discussion and action on issues of gender wage gap, women and work, and more.
Based on its achievements in key fields of technology, India is not in the global game. Yet, as a geopolitical pivot whose importance is derived not by its national power but its sensitive location, India is being courted by all three geostrategic players.
The inclusion of the African Union as the new G-20 member was a pyrrhic victory compared with the six new members added to the BRICS (these include all global major energy exporters and importers) given that 50 of the 54 African nations attended the 2023 BRICS summit.
India’s economy is navigating a labyrinth of interconnected challenges and addressing these challenges requires a multifaceted approach encompassing domestic policy reforms, diversification of export markets and enhancing economic resilience to global shocks.
India’s ability to overcome global economic uncertainties and supply chain disruptions hurdles will be critical in ensuring continued economic growth and stability in an ever-evolving global landscape.
Non-urban India has remained blindsided for decades in terms of superannuation, benefits, and social security. Rural India will now catch up with its urban counterpart at a quicker pace.
The Central Information Commission’s job is to strike a balance between people’s right to know and the State’s legitimate need for limited secrecy.
Right to Information (RTI) has brought transparency and systemic reforms but there is need to prevent its misuse and plug in loopholes.
Climate change is exacerbating the risks. Because of global warming, more and more glaciers are melting.
We must be careful in granting permission for the design of our mega hydro projects. We must do proper environment assessment of these projects and ensure that these withstand any water discharge that may happen in case of a glacier outburst.
An increase in investment in traditional sectors such as mining and utilities because they trigger wider economic activities.
Frequent tweaks of irritants aside, the GST regime needs a holistic reform plan, including a road map to bring in excluded items such as electricity, petroleum and alcohol.

50-WORD TALK

A radical re-imagination of growth and developmental opportunities offering a wider platform for Indian (and other developing countries’) women (especially those at the margin in the employment landscape) through a greater, more assertive policy can be a starting point for subsequent transformations to happen across other nations too.
The disaster in Sikkim is only the latest in a string of related incidents. But it must serve as an urgent reminder at all levels of the state and Central governments that the fragile condition of the Himalayas as the effects of climate change escalate will pose a continued and imminent danger to residents of India’s hill states.

Things to Remember:

For prelims-related news try to understand the context of the news and relate with its concepts so that it will be easier for you to answer (or eliminate) from given options.
Whenever any international place will be in news, you should do map work (marking those areas in maps and exploring other geographical locations nearby including mountains, rivers, etc. same applies to the national places.)
For economy-related news (banking, agriculture, etc.) you should focus on terms and how these are related to various economic aspects, for example, if inflation has been mentioned, try to relate with prevailing price rises, shortage of essential supplies, banking rates, etc.
For main exam-related topics, you should focus on the various dimensions of the given topic, the most important topics which occur frequently and are important from the mains point of view will be covered in ED. Try to use the given content in your answer. Regular use of this content will bring more enrichment to your writing.

TOP 5 TAKKAR NEWS OF THE DAY (11th OCTOBER 2023)

1. DANCING FROGS OF WESTERN GHAT

TAG: GS 3: ENVIRONMENT AND ECOLOGY

THE CONTEXT: Dancing frogs of Western Ghat are among the most threatened amphibians globally.

EXPLANATION:

According to the Wildlife Trust of India, Dancing frogs are the most threatened amphibian genus of India.
The world is facing a critical Amphibian crisis with 41 percent of species on the brink of extinction.
The Western Ghats, a biodiversity hotspot spread across Kerala, Karnataka and Tamil Nadu is rich in amphibian diversity.
About Dancing frogs:
- Dancing frogs belong to the Micrixalus genus and there are about 24 frog species in this family. It is also known as the Kottigehar dancing frog.
- The dancing frogs are endemic to the Western Ghats
- IUCN Status: Critically Endangered
- Only the males dance.
Habitats: Their preferred habitats are shola grasslands, myristica swamps and evergreen forests within the Western Ghats, where they mainly reside near slow-moving perennial streams.
Breeding:
- The males stretch up their hind legs one at a time and wave their webbed toes in the air in a rapid motion akin to a dance.
- This is to attract mates as well as ward off competition, probably preferred because their mating calls are drowned out by the gurgling of the streams.
- This act is called “foot flagging” and gives the species their name.
Threats: They are threatened by invasive species like the mosquito fish, land use change, variation in temperature and humidity, extreme weather events such as floods and excess rainfall, infectious diseases, water pollution, light pollution, and infrastructure projects such as dams.

Source:(https://www.downtoearth.org.in/news/wildlife-biodiversity/dancing-frogs-of-western-ghats-among-most-threatened-amphibians-globally-92226)

2. ELECTORAL BOND

TAG: GS 2: POLITY

THE CONTEXT: The Supreme Court fixed October 31 for hearing a slew of petitions challenging the electoral bonds scheme.

EXPLANATION:

A petition filed in the Supreme Court against the legality and transparency of Electoral bonds.
The petition is filed on the basis of two main issues concerning the electoral bonds scheme:
- The legalisation of anonymous donations to political parties.
- The violation of citizens’ right to information about the funding of political parties, promoting corruption.
- The above two issues are violating Articles 19, 14 and 21 of the Constitution.

Electoral bond:

An electoral bond is like a promissory note that can be bought by any Indian citizen or company incorporated in India from select branches of State Bank of India.
The bonds are similar to bank notes that are payable to the bearer on demand and are free of interest.
An individual or party will be allowed to purchase these bonds digitally or through cheque.
The electoral bond will be valid only for fifteen days.

When was the electoral bond introduced?

The electoral bond scheme was first announced during the 2017 budget session.
It was notified in January 2018 as a source of political funding by way of money bills introducing amendments in the Finance Act and the Representation of the People Act.

Use of electoral bond:

Using electoral bonds is quite simple.
The bonds will be issued in multiples of Rs 1,000, Rs 10,000, Rs 100,000 and Rs 1 crore (the range of a bond is between Rs 1,000 to Rs 1 crore).
A donor with a KYC-compliant account can purchase the bonds and can then donate them to the party or individual of their choice.
Now, the receiver can encash the bonds through the party’s verified account.

Eligibility for foreigners:

The Finance Act, 2016 was amended the Foreign Contribution Regulation Act, 2010, to allow foreign companies with subsidiaries in India to fund political parties in India.

Tax exemption:

Donations made under an electoral bond scheme by companies and even foreign entities enjoy 100% tax exemption, while identities of the donors are kept confidential both by the bank as well as the recipient political parties.

Benefits:

Electoral bonds are a more transparent tool than cash because the contributor acquires them after providing the bank with their KYC information.
The short 15-day life of these bonds limits the potential for abuse.
Political parties must provide the Election Commission with information about contributions made through electoral bonds. As a result, the bonds contribute to the improvement of India’s electoral financing system.

Challenges:

It is an obscure funding system which is unchecked by any authority.
There is no cap on how much a company or individual can donate to a political party.
Anonymity of donors under the scheme makes the process opaque instead of meeting its aim of bringing about transparency.
The bonds are sold via a government-owned bank (SBI), leaving the door open for the government to know exactly who is funding its opponents.
It violates the Right to Information of Citizens.
By allowing foreign companies it effectively exposing Indian politics and democracy to international lobbyists.

Source:(https://www.thehindu.com/news/national/sc-to-hear-final-arguments-in-electoral-bonds-case-on-october-31/article67402901.ece)

3. PROMPT CORRECTIVE ACTION FRAMEWORK

TAG: GS 3: ECONOMY

THE CONTEXT: RBI extends prompt corrective action framework to government NBFCs.

EXPLANATION:

The Reserve Bank of India has decided to extend the ‘prompt corrective action (PCA) framework for non-banking financial companies (NBFCs)‘ to government NBFCs.
The PCA Framework for NBFCs came into effect from October , 2022.

Prompt Corrective Action (PCA) framework:

Reserve Bank of India had introduced a Prompt Corrective Action Framework (PCA) for Scheduled Commercial Banks in 2002 and the same has been reviewed from time to time based on the experience gained and developments in the banking system.

Objective:

The objective of the PCA Framework is to enable supervisory intervention at appropriate time and require the supervised entity to initiate and implement remedial measures in a timely manner, so as to restore its financial health.
The framework is also intended to act as a tool for effective market discipline. It does not preclude the apex bank from taking any other action as it deems fit at any time in addition to the corrective actions prescribed in the Framework.

PCA framework for NBFCs:

NBFCs have been growing in size and have substantial interconnectedness with other segments of the financial system.
Accordingly, it has now been decided to put in place a PCA Framework for NBFCs to further strengthen the supervisory tools applicable to NBFCs.
The PCA Framework for NBFCs, as contained in the enclosed Annex, comes into effect from October 1, 2022, based on the financial position of NBFCs.

Actions taken under PCA framework:

source:(https://economictimes.indiatimes.com/news/economy/policy/pca-regime-to-cover-psu-nbfcs-from-october-2024/articleshow/104324374.cms)

4. PM CARES FUND

TAG: GS 2: POLITY, GOVERNANCE, SOCIAL JUSTICE.

THE CONTEXT: State of Rajasthan alleged that there is discrimination in the treatment of the CM Relief Fund as compared to the PM CARES Fund in the context of Corporate Social Responsibility (CSR).

EXPLANATION:

The State of Rajasthan had raised concerns over excluding the CM Cares Fund as a CSR activity under Schedule 7 of the Companies Act, 2013, while the PM Cares Fund enjoys such recognition.
An original suit filed by the State of Rajasthan under Art 131 of the Constitution challenging the Union of India challenging the exclusion of CM Relief Fund from CSR Activity.
State of Rajasthan formed a separate Rajasthan CMRF COVID-19 Mitigation Fund (CMRF). This fund functioned as a specialized account within the Chief Minister Relief Fund, with a clear focus on addressing the negative consequences of COVID-19.
However, the Ministry of Corporate Affairs did not include in Schedule VII of the Companies Act, 2013 and therefore any contribution to such funds shall not qualify as admissible CSR Expenditure.

About PM CARES fund:

The Prime Minister’s Citizen Assistance and Relief in Emergency Situation (PM-CARES) Fund has been set up to provide relief to those affected by any kind of emergency or distress situation.
PM CARES Fund has been registered as a Public Charitable Trust. The trust deed of PM CARES Fund has been registered under the Registration Act, 1908 at New Delhi on 27th March, 2020.
Prime Minister is the ex-officio Chairman of the PM CARES Fund and Minister of Defence, Minister of Home Affairs and Minister of Finance, Government of India are ex-officio Trustees of the Fund.
The fund consists entirely of voluntary contributions from individuals/organizations and does not get any budgetary support. The fund will be utilized in meeting the objectives as stated above.
Donations to PM CARES Fund would qualify for 80G benefits for 100% exemption under the Income Tax Act, 1961.
Donations to PM CARES Fund will also qualify to be counted as Corporate Social Responsibility (CSR) expenditure under the Companies Act, 2013
PM CARES Fund has also got exemption under the FCRA and a separate account for receiving foreign donations has been opened. This enables PM CARES Fund to accept donations and contributions from individuals and organizations based in foreign countries.

Corporate Social Responsibility(CSR):

Corporate Social Responsibility is a management concept whereby companies integrate social and environmental concerns in their business operations and interactions with their stakeholders.
All businesses that have a net worth of at least Rs 500 crore, a revenue of at least Rs 1 billion, or a net profit of at least Rs 5 crore are expected to devote 2% of their annual profits, on average, to CSR initiatives.
According to the updated CSR regulations, businesses may put aside CSR expenses that exceed the minimum 2% requirement in any fiscal year against mandatory expenses for up to three financial years.

Chief Minister’s relief fund:

The Chief Minister’s relief fund aims at providing immediate relief to the people in distress in the State as well as in the country.
The Chief Minister Relief fund provides financial assistance to the people affected by the major natural calamities like flood, drought, fire accident etc.
It also provides financial assistance to the economically weaker citizens for treatment of some of the major diseases.
This fund was specifically designed to counter the adverse impacts of COVID-19 and had a separate account for funds.

Source:(https://www.livelaw.in/top-stories/supreme-court-cm-relief-fund-vs-pm-cares-fund-csr-discrimination-rajasthan-government-plea-article-131-constitution-239799?infinitescroll=1)

5. MULTINATIONAL SECURITY MISSION OF UNITED NATION

TAG: GS 2: INTERNATIONAL RELATION

Context: Haiti approached the United Nations seeking urgent help to combat deadly gang violence.

Explanation:

Haiti has experienced a surge in violence over the past year as armed groups (G-9) took control of large parts of the country, including the capital Port-au-Prince.
Haiti has approached the United Nations seeking urgent help to combat deadly gang violence in the country.
The United Nations Security Council (UNSC) has approved international intervention in the form of multi-national security mission (MSS) to restore security, protect critical infrastructure and control spiralling violence in the country.
The multi-national security mission (MSS) will not be operated by the United Nations.
However, Kenya has volunteered to lead the force. Other countries like the Bahamas, Jamaica and Antigua and Barbuda have also offered support.

Multinational security mission:

A multinational security mission is a military or police operation that is conducted by two or more countries.
Multinational security missions are often carried out under the auspices of an international organization, such as the United Nations or the North Atlantic Treaty Organization (NATO).
Multinational security missions can be used for a variety of purposes:
- Maintaining or restoring peace and security in a conflict zone.
- Protecting civilians from harm.
- Promoting democracy and human rights.
- Combating terrorism and other transnational crimes.
- Providing humanitarian assistance.
Multinational security missions can be complex and challenging. Multinational missions must coordinate the efforts of different countries, which can be a challenge.
However, multinational security missions can be an effective way to address global security challenges. By working together, countries can bring more resources and expertise to bear on a problem.

Examples of multinational security missions:

The United Nations peacekeeping mission in the Democratic Republic of the Congo (MONUSCO)
The NATO-led International Security Assistance Force (ISAF) in Afghanistan
The European Union-led Operation Atalanta to combat piracy off the coast of Somalia
The African Union Mission in Somalia (AMISOM)

About “G9 and Family”:

The “G9 and Family” (G9 fanmi e alye) is a criminal federation of over a dozen gangs based in Port-au-Prince, Haiti.
It was founded in June 2020 by former police officer turned gang leader Jimmy Chérizier, alias “Barbecue.”
The G9 has emerged as one of the most powerful gangs in Haiti, and controls large swaths of territory in the capital city.
The group has been accused of a wide range of crimes, including murder, kidnapping, extortion, and drug trafficking.
The G9 has also been linked to Haitian politics and has been accused of carrying out assassinations and other attacks on behalf of politicians. The group has also been accused of manipulating elections.

What is the United Nations Stabilisation Mission in Haiti (MINUSTAH)?

The United Nations Stabilisation Mission in Haiti (MINUSTAH) was a peacekeeping operation established by the United Nations Security Council on April 30, 2004, to help Haiti recover from a rebellion and coup that had ousted President Jean-Bertrand Aristide.
The mission was authorized to use all necessary means to protect civilians and promote political stability.
MINUSTAH was deployed to Haiti on June 1, 2004, and remained in the country for over 13 years. During its time in Haiti, MINUSTAH played a significant role in helping to stabilize the country and support the democratic process.
The mission also helped to improve security conditions and provide humanitarian assistance to the Haitian people.

Source: (https://www.thehindu.com/news/international/haiti-crisis-explain-kenya-united-nations-international-mission-security-force-support-international-affairs/article67388970.ece)

IIT-B’S ‘VEGETARIAN TABLES’ POLICY: VEGETARIANISM OF PURITY PROMOTES SEGREGATION, HIERARCHY AND EVEN VIOLENCE

THE CONTEXT: The hegemony of vegetarianism over the last century has institutionalised a hierarchy between vegetarian and non vegetarians and disgust against beef eaters particularly against outcastes, Christians and Muslims.

RECENT INSTANCES:

The Director of IIT Mandi recently remarked that the cloud bursts and landslides in Himachal Pradesh were linked to meat eating. Although, IIT Mandi does not practice or encourage segregated dining in hostels.
In Mumbai, Trupti Devrukhkar was denied office space in a Gujarati society. This incident has been linked to the vegetarian vs meatarian divide in Mumbai’s real estate, with allegations that “pure vegetarian” Gujaratis look down upon those who eat meat, including Maharashtrians.
In, IIT Bombay, a meatarian student was fined for consuming meat at a table earmarked for vegetarians and thereby violating a student council rule. He has been accused of intentionally causing disharmony through his act of protest.

CURRENT SITUATION:

Changing ethics: A lot is changing in the ethics and aesthetics of food consumption in urban spaces with increase of mixed dining. Also, the caste basis of Indian vegetarianism is showing some decline as not all express disgust at the sight and smell of meat-based foods.
Not a linear process: However, mild erosion of hierarchical values and caste ethics in food consumption is not a linear process. Militant vegetarians seek to continually sustain the traditional ethics and aesthetics of segregation and hierarchy in food consumption.

AFFECT ON FUNDAMENTAL RIGHTS:

Article 17: As per Article 17, untouchability has been abolished and its practice in any form is forbidden. The enforcement of any disability arising out of Untouchability shall be an offence punishable in accordance with law.
Article 14: As per article 14, the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
Article 21: As per article 21, No person shall be deprived of his life or personal liberty except according to procedure established by law.

ISSUES ARISING:

Gendering roles: Though, the dynamics are changing as vegetarian parents are increasingly allowing their children to experiment with meat-based foods. However, these changes are usually gendered, as men experiment more outside their homes while women keep the private familial spaces pure and holy by sticking to a satvik diet.
Segregation and hierarchy: Such militant vegetarianism is a social illness that seeks continual segregation and hierarchy and even leads to violence. Parvis Ghassem-Fachandi’s study of anti-Muslim violence in Gujarat points to the role of vegetarianism, sacrifice, and bovine nationalism in such violence.
Roots in ancient times: Unlike veganism, which may emerge from compassion, the foundations of militant vegetarianism lie in varnashrama dharma and graded inequality of ancient times.
Argument in name of environment: Perpetrator tends to condemn the meat eating in the name of environment and argument of compassion for animals. It turns the pure-vegetarian nationalist project into an environmental one.
A comparison with menstruation: A productive comparison can be made of meat eating with menstruation. Like, both meat and sanitary pads are associated with shame, guilt and impurities as meat like sanitary pads are usually packed in black polythene bags and deemed outcastes.
Sensitive mixed public spaces: Mixed eating public spaces are mostly sensitive to the religious sentiments of Muslims and Savarna Hindus as neither beef nor pork is served in such spaces.
Vulnerable Academic spaces: Academic spaces too are increasingly turning into conservative sites for performing the politics of militant vegetarianism and cow nationalism.

THE WAY FORWARD:

Mixed dining: There is need to encourage mixed dining to enhance the cultural harmony of the region. It will act as a sign of a new post-caste sociality where caste sentiments of touch, purity and pollution are not turned into public sentiment. However, this should be done with caution by ensuring that no sentiments are hurt.
Balance of environment and eating: Though there are certain environmental concerns that are being raised due to meat eating. However, there is need of a balanced solution in this regard so that there is minimum impact on environment.
Scientific temper in academic spaces: Academic spaces should not turn as an arena of politics and hatred. These areas should invest in scientific temper and higher learning that celebrates diversity and hierarchy.
Informal social regulation: Rules of segregation based on food preferences cannot be formally institutionalised in public spaces or even in housing societies. However, there can be informal social regulation to ensure non violence and harmony.

THE CONCLUSION: Bharatiya vegetarianism of purity, segregation and hierarchy is under considerable duress Experiencing and practising equality in public life is essential for cultivating civic virtues among younger generations and mixed dining is a minimal sign of such higher living beyond caste. Despite some progress, nothing divides us like food.

PREVIOUS YEAR QUESTIONS

Q.1 How does the Indian society maintain continuity in traditional social values? Enumerate the changes taking place in it. (2021)

Q.2 Has caste lost its relevance in understanding the multi-cultural Indian Society? Elaborate your answer with illustrations. (2020)

MAINS PRACTICE QUESTIONS

Q.1 Do you agree with the view that the increase in conflicts and violence in society appears to be a consequence of militant vegetarianism? Argue.

SOURCE: https://indianexpress.com/article/opinion/columns/iit-bombay-vegetarianism-segregation-hierarchy-violence-8976874/

THE MONEY BILL CONUNDRUM: SEVEN-JUDGE CONSTITUTION BENCH TO REVISIT ISSUE

THE CONTEXT: The Chief Justice of India (CJI) recently said that he will constitute a seven-judge Constitution Bench to hear a batch of petitions on challenging the Centre’s use of the money bill as a route to pass key legislations.

WHAT IS A MONEY BILL?

A money bill has been defined under Article 110 of the Constitution as a draft law that must deal “only” with matters specified in Article 110 (1)(a) to (g) taxation, borrowing by the government, and appropriation of money from the Consolidated Fund of India, among others.
As per Article 110(1)(g), “any matter incidental to any of the matters specified in Articles 110(1)(a)-(f)” can also be classified as a money bill.
Generally, for a bill to be enacted into law it requires the approval of both the Lok Sabha and the Rajya Sabha.
However, a money bill can be introduced only in the Lok Sabha, and the Rajya Sabha cannot amend or reject such bills. The Rajya Sabha can suggest amendments, but it is up to the Lok Sabha to accept or reject them.
In the event that a dispute arises over whether a bill is a money bill or not, the Lok Sabha Speaker’s decision on the issue shall be considered final.

WAS THE PASSAGE OF THE AADHAAR ACT AS A MONEY BILL LAWFUL?

The first major challenge about whether a bill qualified as a money bill under the Constitution was in the Aadhaar case.
In K.S. Puttaswamy v. Union of India (2018), the Supreme Court upheld the constitutionality of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.
It was done by a 4:1 majority and stated that no illegality was committed by passing the Aadhaar Bill as a money bill in the Parliament. However, Justice Chandrachud, had dissented.

The majority opinion:

It reasoned that the main objective of the legislation is to extend benefits in the nature of aid, grant, or subsidy to the marginalised sections of society with the support of the Consolidated Fund of India.
Therefore, the Act fell within the ambit of Article 110 (1)(e) of the Constitution (expenditure charged to the consolidated fund) and was validly passed as a money bill.
It was highlighted that the other provisions are only “incidental” in nature for the proper working of the Act.
Notably, the concurring opinion by Justice Bhushan affirmed that the matter is subject to future judicial review.

The Dissenting opinion:

It criticised the government for passing the Act as a money bill and pointed out an important word in provision (i) of Article 110 “only,” followed by a list of matters connected to taxation and expenditure from the Consolidated Fund of India.
In light of this, he dismissed the argument that since the Aadhar Act involved extending grants from the Consolidated Fund, it should qualify as a money bill.
In his view, such a contention would allow just about anything to be passed as a money bill . The dissent also underscored that superseding the authority of the Rajya Sabha is in conflict with the constitutional scheme and the legitimacy of democratic institutions.

WHY WAS A REFERENCE TO A LARGER BENCH MADE?

In Roger Mathew v. Union of India (2019), a five-judge Constitution Bench headed by then CJI Ranjan Gogoi struck down an amendment to the 2017 Finance Act, passed as a money bill, that altered the structure and functioning of various tribunals.
The Bench noted that majority did not substantially discuss the effect of the word “only” in Article 110(1) in Puttaswamy case. Also, the Puttaswamy case did not examine the repercussions of a finding when some of the provisions of an enactment passed as a “money bill” do not conform to Article 110(1)(a) to (g). Therefore, the Bench asked for the question to be put before a larger bench of the Supreme Court

PMLA verdict

In 2015, 2016, 2018, and 2019, amendments to Prevention of Money Laundering Act, 2002 related to bail and classification of offences were made through the Finance Act. Finance Bills passed during the budget are introduced as money bills.
Petitions thereafter filed in the Supreme Court contended that the passage of such amendments as money bills was in violation of Article 110.
In July 2022, a three-judge Bench upheld key provisions of the PMLA which conferred extensive powers upon the Enforcement Directorate (ED) but left it open for a seven-judge Bench to decide whether these amendments could have been passed through the money bill route.

POTENTIAL IMPACTS

Could invalidate crucial laws: The final outcome of this seven-judge Bench reference could potentially invalidate crucial laws passed in the past and penalise the government for its legislative approach.
Issue can be raised on the functioning of both houses: The Lok Sabha enjoys a more popular mandate than the Rajya Sabha. However, the framers of the Constitution ensured that a certain role was carved out for the Rajya Sabha as an institution in a constitutional democracy. This shall be the epicentre of the discussion surrounding this reference.

THE CONCLUSION: With formation of larger constitutional bench, the earlier judgment requires reconsideration of the previous laws and effective judgement needs to ensured for resolving the ambiguities.

PREVIOUS YEAR QUESTIONS

Q.1 Rajya Sabha has been transformed from a ‘useless stepney tyre’ to the most useful supporting organ in past few decades. Highlight the factors as well as the areas in which this transformation could be visible. (2020)

Q.2 “Parliament’s power to amend the constitution is limited power and it cannot be enlarged into absolute power”. In light of this statement, explain whether parliament under article 368 of the constitution can destroy the basic structure of the constitution by expanding its amending power? (2019)

MAINS PRACTICE QUESTIONS

Q.1 The Puttaswamy case was virtually a test case of a Bill that could not be categorized as a Money Bill.

SOURCE: https://www.thehindu.com/news/national/the-money-bill-conundrum-seven-judge-constitution-bench-to-revisit-issue-explained/article67393266.ece

THE STATE OF INDIA’S SCHEDULED AREAS

THE CONTEXT: Despite persistent demands by Adivasi organisations, villages have been left out in the 10 States with Scheduled Areas and in other States with ST populations. As a result, 59% of India’s STs remain outside the purview of Article 244. In this regard, there is a need to look into the current state of India’s scheduled areas.

WHAT ARE SCHEDULED AREAS AND HOW ARE THEY IDENTIFIED?

India has 705 Scheduled Tribe (ST) communities making up 8.6% of the country’s population that live in 26 States and six Union Territories.
Scheduled Areas cover 11.3% of India’s land area, and have been notified in 10 States: Andhra Pradesh, Telangana, Odisha, Jharkhand, Chhattisgarh, Madhya Pradesh, Rajasthan, Gujarat, Maharashtra, and Himachal Pradesh.
Though, Neither the Constitution nor any law provides any criteria to identify Scheduled Areas. Guiding norms for declaring an area as a scheduled area: It is based on the 1961 Dhebar Commission Report:

Preponderance of tribal population
Compactness and reasonable size of the area
A viable administrative entity such as a district, block or taluk
Economic backwardness of the area relative to neighbouring areas

No law prescribes the minimum percentage of STs in such an area nor a cut-off date for its identification.
Bhuria Committee recognised a hamlet or a group of hamlets managing its own affairs to be the basic unit of self-governance in Scheduled Areas. It also noted that the most resource-rich tribal-inhabited areas have been divided up by administrative boundaries, which led to their isolation and arbitrary politico-administrative decisions in these areas.
PESA Act resolved this issue and defined a ‘village’ as ordinarily consisting of a hamlet or a group of hamlets comprising a community and managing its affairs in accordance with traditions and customs. All those “whose names are included in the electoral rolls” in such a village constituted the gram sabha.
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 adopted this definition. Here, too, the gram sabhas are the statutory authority to govern the forests under their jurisdiction. As a result, the definition of a village expanded beyond the Scheduled Areas to include forest fringes and forest villages as well.

HOW ARE SCHEDULED AREAS GOVERNED?

Administration of Scheduled and Tribal Areas is mentioned under Article 244.

Article 244(1) provides for the application of Fifth Schedule provisions to Scheduled Areas notified in any State other than Assam, Meghalaya, Tripura, and Mizoram.
Article 244(2) provides for application of Sixth Schedule applies to Assam, Meghalaya, Tripura, and Mizoram.

India’s Scheduled Areas are governed by the President of India.
Tribal Advisory Council: States with Scheduled Areas need to constitute a Tribal Advisory Council with up to 20 ST members. They will advise the Governor on matters referred to them regarding ST welfare. The Governor will then submit a report every year to the President regarding the administration of Scheduled Areas.

Powers of Governor:

The national government can give directions to the State regarding the administration of Scheduled Areas.
The Governor can repeal or amend any law enacted by Parliament and the State Legislative Assembly in its application to the Scheduled Area of that State.
The Governor can also make regulations for a Scheduled Area, especially to prohibit or restrict the transfer of tribal land by or among members of the STs, and regulate the allotment of land to STs and money-lending to STs.

Panchayats (Extension to Scheduled Areas) Act, 1996:

It came into existence after a recommendation in 1995. It gives special powers to the Gram Sabhas in Scheduled Areas with an advisory role to state legislatures.
The main rationale behind the Act is to preserve the tribal population from exploitation and management of natural resources with an active involvement of the Gram Sabha.
PESA empowered the gram sabhas to exercise substantial authority through direct democracy, and stated that structures “at the higher level do not assume the powers and authority” of the gram sabha.

WHO DECIDES A SCHEDULED AREA?

The Fifth Schedule confers powers exclusively on the President to declare any area to be a Scheduled Area.
In 2006, the Supreme Court held that “the identification of Scheduled Areas is an executive function” and that it doesn’t “possess the expertise to scrutinise the empirical basis of the same”.

ISSUES WITH THE IDENTIFICATION OF SCHEDULED AREAS

Non-implementation of Bhuria Commission: Scheduled Areas and Scheduled Tribes Commission or Bhuria Commission 2002 had recommended that “all revenue villages with 40% and more tribal population according to the 1951 Census may be considered as Scheduled Area on merit”. But this has not been implemented yet.
Exclusion of villages: Villages have been excluded out in the 10 States with Scheduled Areas and in other States with ST populations. As a result, 59% of India’s STs remain outside the purview of Article 244. Compactness of area in guiding norms of declaration of scheduled areas is that it needs to be in contiguity and if it is not it will be left out.
Absence of suitable law for demarcation of boundaries: The definition of a village expanded beyond the Scheduled Areas to include forest fringes and forest villages as well. However, gram sabhas are yet to demarcate their traditional or customary boundaries on revenue lands in the absence of a suitable law.
Denial of rights: Exclusion leads to denial of rights under the laws applicable to Scheduled Areas, including the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 and the Biological Diversity Act 2002.
Issues in power of Governor: Despite having special power and authority regarding administration of scheduled areas governor has remained powerless except in Maharashtra from 2014 to 2020.

THE WAY FORWARD

Inclusion of tribal population: There is need for inclusion of tribal by notification of the all habitations or groups of habitations outside Scheduled Areas in all States and Union Territories where STs are the largest social group as Scheduled Areas irrespective of their contiguity. The geographical limits of the revenue village, panchayat, taluka, and district will need to be redrawn in this respect.
Decentralisation of administration: There is a need for decentralisation of administration by giving power to local governments and communities with formulation of special laws for better governance.
Conflict Resolution: There is a conflict of natural resource and governance issues in the scheduled areas which needs proper attention and resolution with the help of coordination of stakeholders.
Strengthening of PESA: There are partial Implementation of PESA in various areas which is leading to administrative hurdles. PESA Act needs to be strengthened for self-governance of the area by giving more autonomy to Gram Sabha.

THE CONCLUSION

Scheduled areas comprises one of the most vulnerable population, which cannot be administered without special attention and suitable laws for administration. Therefore, it is the responsibility of the government to make special efforts needed to improve their condition.

PREVIOUS YEAR QUESTIONS

Q.1 Assess the importance of the Panchayat system in India as a part of local government. Apart from government grants, what sources the Panchayats can look out for financing developmental projects? (2018)

Q.2 In the absence of a well-educated and organized local-level government system, `Panchayats’ and ‘Samitis’ have remained mainly political institutions and not effective instruments of governance. Critically discuss. (2015)

MAINS PRACTICE QUESTIONS

Q.1 What are Scheduled areas and how are they governed? Has the PESA act been enforced in letter and spirit for administrative efficiency in the scheduled areas?

Q.2 The recent exclusion of villages from scheduled areas indicates the loopholes in the laws for the identification of these areas. In this respect, analyse the criteria for identification of scheduled areas and related issues and suggest measures.

SOURCE:https://epaper.thehindu.com/ccidistws/th/th_delhi/issues/55092/OPS/GMMBRU47V.1+GNJBRV1E8.1.html

THE SILENCE AROUND THE STATE’S SEIZURE OF INDIA’S PRESS

THE CONTEXT

Recent actions against journalists from the online portal NewsClick indicate that India is facing a lack of digital data protection, and even the judiciary is not acting against the injustices.

ISSUES RAISED

Seizure of assets: There arises concerns related to seizure of assets even without warrants, fearing heightened risks such as physical assaults or prosecution under an unrelated charge. A report noted that by May 2023, 44 media entities and journalists faced scrutiny from investigative and tax agencies over the previous five years.
Executive aggressive action: The Union executive is taking aggressive actions against NewsClick, accusing staff of terrorism, reflecting a wider issue of interference by the executive. The only safeguard comes from technological precautions such as encrypted messaging apps, but even this is breached by forcing to unlock smartphones, which leads to investigatory oppression.

India’s press ranking in the international arena: India ranks 161 out of 180 countries in the World Press Freedom Index which reflects the worst place of India in press freedom in world.
Judiciary issue: Apart from fear of prosecution, journalists are feeling hopelessness as there is absence of corrective action by the judiciary.
Outdated laws: In the age of instant messaging and cloud storage, the Code of Criminal Procedure is still rooted in oldest times which guides India’s criminal justice process. This approach not only ignores the invasiveness of modern technological advances but also struggles to uphold democratic rights within the Constitution of India.
Issue of privacy: Police and Magistrates issue warrants, and misuse is done under acts as PMLA and Income tax, which clash with rights to privacy and protection against self-incrimination. With the Lokniti-CSDS-Common Cause ‘Status of Policing in India’ report shows that 47% believe that the police can access their phones without consent.

DETENTION PROVISIONS IN CONSTITUTION

Article 22(3) (b): It allows for the preventive detention and puts restriction on personal liberty for ensuring state security and public order.
Article 22(4): It states that no law providing for preventive detention shall authorize the detention of a person for a period longer than three months. In case of extended extension, a report by the advisory board is required for sufficient cause.

DIGITAL PERSONAL DATA REGULATION

IT Amendment Act,2008: Existing Privacy Provisions in India have some privacy provisions in place under the IT (Amendment) Act, 2008. However, these provisions are largely specific and restrictive to certain situations.
Justice K. S. Puttaswamy (Retd) vs Union of India 2017: In August 2017, a nine-judge bench of the Supreme Court in Justice K. S. Puttaswamy (Retd) Vs Union of India unanimously held that Indians have a constitutionally protected fundamental right to privacy that is an intrinsic part of life and liberty under Article 21.
Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021: IT Rules (2021) mandate social media platforms to exercise greater diligence with respect to the content on their platforms.
Digital Personal Data Protection Act, 2023: DPDP Act aims to establish a higher level of accountability for entities operating within India involved in the collection, storage, and processing of citizen’s data. With a strong emphasis on the “Right to Privacy,” this legislation seeks to ensure that these entities operate transparently and are answerable when it comes to handling personal data.

THE WAY FORWARD

Reform the current policing methods: There is need to explore current policing methods and their clash with fundamental rights to ensure that
Proactive judiciary: It requires the Supreme Court of India to take lesson from Justice H.R. Khanna’s dissent to act with judicial courage for ensuring justice. Higher judiciary needs to act without fear or favour to uphold the freedom of press.
Ensuring press freedom: Our nation seems to be passing through the phase of digital authoritarianism and thus press freedom needs to be ensured. As, only free journalism can act as a check to maintain India’s constitutional framework.

THE CONCLUSION

Such seizures of assets is clearly an act against fundamental rights of the citizen and curb on free media. There is a need to ensure proper regulation of digital data protection to ensure transparency and accountability.

PREVIOUS YEAR QUESTIONS

Q.1 Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy. (2017)

Q.2 “Recent amendments to the Right to Information Act will have a profound impact on the autonomy and independence of the Information Commission”. Discuss. (2020)

MAINS PRACTICE QUESTION

Q.1 Critically examine the view that loopholes in the digital data protection regime and high handedness of the investigating agencies in seizure of digital assets of individuals reflect digital authoritarianism in the country.

Note: Please refer to 5^th October and 9^th October Mains Focus for more on this news.

SOURCE: https://www.thehindu.com/opinion/lead/the-silence-around-the-states-seizure-of-indias-press/article67400634.ece

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