THE CONTEXT: The Supreme Court recently asked the Union Government to defend the law that allows hanging by the neck as a mode of execution. A bench led by the Chief Justice of India (CJI is essentially contemplating over whether there can be a more humane and dignified way of executing the death penalty. The following article intends to analyse the provisions for the death penalty in India from UPSC perspective.

CAPITAL PUNISHMENT: THE CASE IN QUESTION

• In 2017, an advocate, filed a public interest petition (PIL) seeking a more dignified way to execute the capital punishment. He argued that a convict whose life has to end because of the conviction and the sentence should not be compelled to suffer the pain of hanging.
• The plea in the PIL challenged the constitutional validity of Section 354(5) of the Code of Criminal Procedure (CrPC), 1973. This provision reads: “When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead.”
• The SC had agreed to hear the 2017 PIL, and had issued notice to the Centre. Court records show that in January 2018, the Centre filed an affidavit defending the current position of law, but the case had not been listed since then.

CAPITAL PUNISHMENT: A HISTORICAL PRACTICE IN INDIA

• The necessity of the death penalty has been beautifully demonstrated by Kalidas. Historical and mythological epics like the Ramayana and Mahabharata have also asserted the need for the death penalty by stating that the king’s highest priority is to keep society safe from threats of all kinds, which can be done by putting the wrongdoer to death. In addition, both Katyayana and Brahaspati supported the death penalty.
• Even during the time of the Buddha, when Ahimsa was the code of conduct, Ashoka did not think that the death penalty was unjust. The fundamental tenets of the Dand Niti in India were deterrence and mental health. The notions of social security and non-correctional philosophy are undeniably prevalent in the Hindu criminal justice system.
• Manu has made excellent notes of both the objective and subjective conditions. Manu Smriti, a famous work of Manu, portrays the crime and the perpetrator’s weakness. Kautilya also discussed the death penalty in his writings because, in his view, it is an essential tool for ensuring public safety.

CAPITAL PUNISHMENT IN INDIA: CONSTITUTIONAL AND LEGAL PROVISIONS

• Article 21 of the Constitution of India guarantees the right to life and personal liberty to every citizen, but it also provides an exception in the case of the death penalty. The article states that a person can be deprived of their life only in accordance with the procedure established by law.
• Section 354(3) of the Code of Criminal Procedure (CrPC) provides a method to execute the death penalty, i.e., “Hanging by the neck until dead.” Also, this provision states that “When the conviction is for an offence punishable with death or, in the alternative, with imprisonment for life or imprisonment for a term of years, the judgment shall state the reasons for the sentence awarded, and, in the case of sentence of death, the special reasons for such sentence.” Capital punishment, also known as the death penalty, is awarded in the rarest of the rare cases.
• The Indian Penal Code (IPC) provides for the death penalty as a punishment for certain offenses such as murder (section 302), terrorism (section 121), waging war against the Government of India (section 121A), abatement of mutiny (Section 132) and certain acts of piracy (section 364A). The IPC also provides for the death penalty in cases of repeat offenses of rape and other sexual offenses under the Protection of Children from Sexual Offences (POCSO) Act.
• The Commission of Sati (Prevention) Act, 1987: Any person involved in the commission of Sati directly or indirectly is subject to the death penalty under The Commission of Sati (Prevention) Act, 1987.
• Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985: Based on previous convictions, Section 31A of the NDPS Act has introduced the death penalty for providing financial support or taking part in the production or sale of narcotics or psychoactive substances in a predetermined amount (e.g., opium 10 kg, cocaine 500 grammes).
• The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: Forging evidence that leads to the conviction and execution of an innocent member of a scheduled caste or tribe is punishable by death under the Act.
• Army Act, 1950; Air Force Act, 1950 and Navy Act, 1957: Various offences committed by members of the military forces under military laws like the Army Act, 1950; Air Force Act, 1950, and Navy Act, 1957, may also be punishable by death.

CATEGORY OF OFFENDERS EXEMPTED FROM CAPITAL PUNISHMENT IN INDIA

• Minors: According to Indian laws, a person who committed a crime while still a minor, that is, before the age of 18, cannot be executed. The lawmakers decided to include minors in the group of offenders exempted from the death penalty because they thought that anyone who hasn’t reached adulthood has room for improvement and might be able to learn from his mistakes by being given the right environment and education.
• Pregnant woman: Pregnant women were added to the list of criminals who are excluded from the death penalty. According to Section 416 of the CrPC, if the high court finds that a woman who has been awarded the death sentence is pregnant then such sentence can be postponed or commuted to life imprisonment.
• Intellectually disabled: According to the law, anyone who is intellectually disabled or challenged may fall under the category of offenders who are exempted from the death penalty. If a person committing a serious crime is unable to comprehend the nature and consequences of their actions, this is sometimes referred to as having an intellectual disability.

CAPITAL PUNISHMENT: KEY FACTS

• After independence, Godse was the first person to be executed in India by the death penalty in the case of Mahatma Gandhi. India’s Supreme Court suggested the death penalty should only be imposed on the rarest of rare cases in India.
• As per the “Death Penalty in India: Annual Statistics 2022” report of Project 39A of National Law University (NLU):
  • Even as the Supreme Court called for reforming death penalty sentencing, the year 2022 saw 165 death sentences handed out by trial courts, the highest in over two decades.
  • Among the 165 death sentences handed out in 2022, 51.28% of cases involved crimes related to sexual violence.
• At the end of 2021, more than two thirds of the world’s countries had abolished the death penalty in law or practice. 108 countries, a majority of the world’s states, had abolished the death penalty in law for all crimes.

CAPITAL PUNISHMENT: SOME LANDMARK JUDGEMENTS

• Jagmohan Singh V/s State of UP (1973):
  • The Supreme Court held that according to Article 21, deprivation of life is constitutionally permissible if that is done according to the procedure established by law.
• Bachan Singh v/s. State of Punjab (1980):
  • This Case may be a corner judgment given by 5 judges Bench of the Hon’ble Supreme Court. In this case Supreme Court pointed out some important limitations on the prosecution by setting the rarest of the rare doctrine. The Supreme Court said:
  • A real and abiding concern for the quality of mortal life presuppositions resistance to taking a life through law’s machinery. That ought not to be done except in rarest or the rare cases where the choice opinion is clearly foreclosed.
• Machhi Singh V/s State of Punjab (1983):
  • The Supreme Court outlined certain factors that determine whether a case should be considered rarest of rare. The Supreme Court listed the two questions that need to be answered prior to the imposition of the death sentence on individual cases.
  • Firstly, is the offence committed so exceptional that there is no scope for awarding any other sentence.
  • Secondly, even when weightage is accorded to the mitigating circumstances does the circumstances still warrant the death penalty.
• Shatrughan Chauhan & Anr v. Union of India (2014):
  • The Supreme Court while commuting the death sentence of all 15 convicts into life imprisonment held that undue, inordinate and unreasonable delay in disposing of the mercy petition is in itself a sufficient ground to entitle the convict to pray for commutation. The delay in rejecting the mercy plea by the President amounts to torture and is a clear violation of Article 21 of the convicts’ rights.
• Shabnam v/s State of Uttar Pradesh (2015):
  • This case is a historical case because Shabnam will be the first women after independence who has got the punishment of death penalty.
  • Shabnam and Saleem, both in their 20s also, were condemned of killing seven members of Shabnam’s family. With all of them gone, she’d have been the sole inheritor to the family property. They were arrested five days latterly. At that point, Shabnam was 7 weeks pregnant. In December that time, she gave birth to a son, Mohammad Taj. He’s presently living with Shabnam’s council inferior Usman Saifi and his woman.
• Mukesh and Anr v/s NCT Delhi (2017):
  • On 5 May 2017, the Supreme Court rejected the convicts appeal and saying that they had committed a barbaric crime that had shaken society’s heart, the court upheld the death judgment of the four who had been charged with the murder. The verdict was well entered by the family of the victim and the civil society.

CAPITAL PUNISHMENT: ARGUMENTS FOR AND AGAINST

ARGUMENTS IN FAVOUR

• Deterrence: One of the main arguments in favour of the death penalty is that it serves as a deterrent to would-be offenders. Proponents of capital punishment argue that the fear of being executed can deter individuals from committing serious crimes such as murder, terrorism, and treason.
• Retribution: Another argument in favour of the death penalty is that it serves as a form of retribution as it provides a sense of closure and justice for the victim’s family.
  • The supporters sometimes mention that “an eye for an eye” is appropriate, the punishment should match the crime, and the penalty should be a moral response to the crime.
• Article 21 of the Indian Constitution adds that no person shall be deprived of his life or personal liberty except according to procedure established by law.
  • This has been legally construed to mean if there is a procedure, which is fair and valid, then the state by framing a law can deprive a person of his life.
• Justice: Supporters of capital punishment believe that the death penalty is a just punishment for heinous crimes such as murder, terrorism, and treason.
• Cost-effective: Proponents of the death penalty argue that it is a cost-effective way of dealing with serious crimes. They argue that keeping offenders in prison for life is more expensive than carrying out an execution.
  • This can be seen in debates surrounding the hanging of 26/11 terrorist Ajmal Kasab.
• Public opinion: Death penalty is supported by a majority of the Indian population, and that it reflects the collective will of the people. Abolishing the death penalty would go against the wishes of the people.
  • This was visible during Nirbhaya and Hyderabad rape cases. Also, a nation-wide survey conducted for public opinion in 2017 had 70% votes in favour of capital punishment.
• According to Amnesty International, 55 countries around the world have the death sentence on the books. While death by hanging is still the most prevalent form of execution, other modes are followed in some countries.

ARGUMENTS AGAINST

• Against reformative theory of justice: It is a perspective that emphasizes the rehabilitation and reform of offenders as the primary goal of the criminal justice system. According to this theory, the primary purpose of punishment is not to inflict retribution on offenders or to deter others from committing crimes but to help offenders change their behaviour and become law-abiding citizens.
• Human rights: Opponents of the death penalty argue that it violates the right to life, which is enshrined in the Indian Constitution and international human rights law.
• Discrimination: Critics of capital punishment argue that it is applied disproportionately to marginalized communities and economically disadvantaged individuals, who may not have access to competent legal representation.
  • According to the national figures, 74.1% of the prisoners sentenced to death in India are economically vulnerable according to their occupation and landholding and most death row prisoners belong to the lower strata of society.
• Ineffectiveness: Opponents of the death penalty argue that it is not an effective deterrent to crime.
  • For example, death has been prescribed in rape cases since 2013 (Sec. 376A of IPC), still, rapes continue to happen and in fact, the brutality of rapes has increased manifold. This compels one to think whether the death penalty is an effective deterrent to crime or not.
• Morality: Some opponents of capital punishment argue that it is morally wrong to take the life of another human being, regardless of the crime they may have committed.
  • Even Gandhiji upheld the idea that “an eye for an eye would make the whole world blind.” He promoted that the crime should be eliminated, not the criminal.

THE WAY FORWARD:

• Views of Supreme Court:
  • In response to concerns about the way courts award the death penalty, the Supreme Court has suo motu started a review of the process. The apex court will consider laying down guidelines for determining mitigating circumstances in death penalty cases.
  • The SC stated that the accused must have a meaningful, real and effective hearing, along with the chance to introduce evidence relevant to the sentence question.
  • Supreme Court also suggested that while delivering judgement in case related to the death penalty, the convict’s social background, age, educational levels should be taken into account, except in cases related to terror activities.
• In 2015, the Law Commission of India recommended the abolition of the death penalty in India, arguing that it has not been shown to have a deterrent effect and that it is prone to errors and can be used arbitrarily.
• India is a signatory to various international treaties such as the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Rights of the Child (CRC), which call for the abolition of the death penalty. However, India has not yet abolished the death penalty and retains it as a legal punishment. This should be looked upon for bringing a reformative outlook to the society.
• In its 187th report in 2003, the Law Commission of India recommended that Section 354(5) of the CrPC should be amended by providing an alternative mode of execution of death sentence by “lethal injection until the accused is dead”.
  • In the United States, for example, an intravenous lethal injection is given in every state (27 states and American Samoa) that allows the death penalty. Electrocution is a secondary method in some states. Execution by firing squad is employed in China, and Saudi Arabia uses beheading apart from other methods.
• There is also an ever-increasing demand for reforms in the criminal justice system which is largely based on the colonial ideology and needs. Such reforms should include a more modern and liberal outlook towards issues like the death penalty.
• The government must play an active role in improving the social status (health, education, rights, etc.) of the people that could possibly become a deterrent factor for actions that could lead to capital punishment. For example, a well educated western society rarely sees heinous crimes on women and children.

THE CONCLUSION: Capital punishment or the death penalty have always been a content of contradiction not only in India but also in several advanced countries. In India, the motive for the punishment is rested on two aspects; the primary being that the lawbreaker should suffer for the pain and injury he/ she cast upon the victim and another motive is to discourage others from committing wrongs by sanctioning corrections. However, the court of law must consider the aspect of inherent goodness in human beings. No person becomes a criminal by birth. A careful background check must be ensured before awarding capital punishment so as to distinguish the willful offenders from those who want to be reformed.

1. UNFPA’S STATE OF WORLD POPULATION (SOWP) REPORT

TAGS:GS-II- SOCIAL ISSUES

THE CONTEXT: According to the latest edition of the UNFPA’s State of World Population (SOWP) report, India’s population has grown by 1.56 per cent in the past year and is estimated to be 1,428,600,000 million (142.86 crore), and more than two-thirds of its population or 68 per cent comprises people between the ages of 15 and 64, considered the working population of a country.

THE EXPLANATION:

• China has a population of 142.57 crore, according to the UN world population dashboard. The United States is a distant third, with an estimated population of 340 million.
• The population demographics of India vary from state to state. Kerala and Punjab have an ageing population while Bihar and Uttar Pradesh have a young population.
• The latest report also shows that India’s total fertility rate (births per woman in the reproductive age) is estimated at 2.0. The average life expectancy for an Indian male stands at 71 and for females at 74, states the report which has been published annually since 1978.
• The report also states that 44 per cent of partnered women and girls in 68 reporting countries do not have the right to make informed decisions about their bodies when it comes to having sex, using contraception and seeking health care. An estimated 257 million women worldwide have an unmet need for safe, reliable contraception, it states.
• Although India and China will account for more than one-third of the estimated global population of 8.045 billion, the population growth in both Asian giants has been slowing, at a much faster pace in China than in India.
• Last year, China’s population fell for the first time in six decades, a historic turn that is expected to mark the start of a long period of decline in its citizen numbers with profound implications for its economy and the world.
• India’s annual population growth has averaged 1.2% since 2011, compared with 1.7% in the 10 years previously, according to government data.

VALUE ADDITION:

• The United Nations Population Fund (UNFPA), formerly the United Nations Fund for Population Activities, is a UN agency aimed at improving reproductive and maternal health worldwide.
• Its work includes developing national healthcare strategies and protocols, increasing access to birth control, and leading campaigns against child marriage, gender-based violence, obstetric fistula, and female genital mutilation.
• Headquarters: New York City, United States

ENVIRONMENT AND ECOLOGY

2. SEA CUCUMBER

TAGS: GS-III- ENVIRONMENT AND ECOLOGY

THE CONTEXT:Recently, 105 kilograms of sea cucumber was seized by the Indian Coast Guard (ICG) near Attangarai in Ramanathapuram district.

About Sea Cucumber:

• They are marine invertebrates that live on the seafloor found generally in tropical regions. They’re named for their unusual oblong shape that resembles a fat cucumber.
• They act like garbage collectors of the ocean world, and they recycle nutrients, thus playing an important role in keeping coral reefs in good condition.
• They are an important constituent of the marine ecosystem as they play an important role in maintaining the health of the ecosystem.
• It has no limbs or eyes, or blood.
• In India is treated as an endangered species listed under schedule I of Wildlife Protection Act of 1972.
• As per IUCN Red List Brown Sea Cucumber has been listed as
• Demand: Sea cucumbers are in high demand in China and Southeast Asia, where they are consumed as food and used in medicine.
• This endangered species is primarily smuggled from Tamil Nadu to Sri Lanka.
• Recently, Lakshadweep has created the world’s first conservation area for sea cucumbers.

3. ONE WORD A DAY: MAGNAPORTHE ORYZAE

THE CONTEXT: Scientists have warned that the fungus Magnaporthe oryzae, which is destroying South American wheat crops, could spread worldwide. The pathogen affects the crop in a disease known as ‘wheat blast’.

THE EXPLANATION:

• The seriousness of the disease is indicated by the fact that crops are burnt to avoid this disease. Magnaporthe oryzae originated in South America, but cases of infection have also been reported in Asia in 2016 and Africa in 2018.
• Genomic analysis of fungus samples from all three continents showed that these fungi are part of the same family.
• Wheat crops around the world are susceptible to the fungus. pathogen is also resistant to fungicides. The biggest concern is that this fungus has the potential to affect not only wheat but also other major food crops.

How wheat blast destroys crops

SCIENCE AND TECHNOLOGY

4. WHAT IS SUPERCRITICAL CARBON DIOXIDE?

TAGS:GS-III- SCIENCE AND TECHNOLOGY

THE CONTEXT:Recently, researchers from IIT Madras come up with the best way to neutralise carbon dioxide emissions in depleted oil and gas reservoirs.

THE EXPLANATION:

• Researchers found that supercritical carbon dioxide can be a good agent for simultaneous carbon dioxide sequestration and enhanced oil recovery (EOR) from depleted reservoirs when the gas is used along with surfactants in a ‘surfactant-alternating gas (SAG) injection’ approach.

What is Supercritical carbon dioxide?

·         Supercritical carbon dioxide (CO2) is a fluid state of CO2 where it is heated and held at or above its critical temperature and pressure. In this supercritical phase, CO2 exhibits properties and behaviors between that of a liquid and a gas. In particular, supercritical CO2 possesses liquid-like densities with gas-like diffusivity, surface tension and viscosity.

·         When CO2 exceeds temperatures of 87.9°F (31.1°C) and is subjected to pressures above 1071 psi (7.39 MPa), it enters the supercritical phase. This phase of CO2 is commonly used as a solvent in chemical extraction processes due to its high solubility, low toxicity and minimal net effect on the environment.

• In this process, carbon dioxide gas is injected in the reservoir, where it becomes supercritical, followed by injection of water or surfactant solution.
• The study shows that the use of supercritical carbon dioxide for EOR resulted in greater storage of carbon dioxide for both water-alternating gas (WAG) and SAG approaches.
• However, SAG performed better at all pressures and temperatures as surfactant solution alters the interfacial tension between the oil and water phases, leading to a higher oil recovery percentage and more effective storage of carbon dioxide. The researchers also found that the reservoir pressure and temperature had a strong effect on the flow dynamics.
• This method not only promises improved recovery of oil but also safe, enhanced, and permanent storage of carbon dioxide gas emitted from human and other anthropological activities, for both WAG and SAG approaches.
• The use of supercritical carbon dioxide reduces oil viscosity, induces in situ swelling of the oil, and reduces the interfacial tension of the in-situ fluid system.

PRELIMS PERSPECTIVE

5. SUDAN‘S CONFLICT

TAGS: PRELIMS -PLACES IN NEWS

THE CONTEXT: Amid the intensified fighting between the army and paramilitaries in Sudan has killed around 200 people and wounded 1,800, damaging hospitals and hampering aid after three days of urban warfare.

Background:

• A weeks-long power struggle exploded into deadly violence between the forces of two generals who seized power in a 2021 coup: Sudan’s army chief Abdel Fattah al-Burhan and his deputy, Mohamed Hamdan Daglo, who commands the paramilitary Rapid Support Forces (RSF).

In this context from Prelims point of view, we may expect a Map based question on Sudan bordering countries.

Prelims Perspective:

• Sudan is a country in North Africa. It is bounded on the north by Egypt, on the east by the Red Sea, Eritrea, and Ethiopia, on the south by South Sudan, on the west by the Central African Republic and Chad, and on the northwest by Libya.

• Sudan’s capital Khartoum, which is located in the central part of the country where the White Nile and the Blue Nile rivers meet.

• The country is mainly composed of vast plains and plateaus that are drained by Nile river and its tributaries.
• Deriba Caldera is part of the volcanoes of the Marra mountains. It is considered to be the highest point in the whole of Sudan.
• Also, Sudan is part of the Great Green Wall Project, along with Burkina Faso, Chad, Djibouti, Eritrea, Ethiopia, Mali, Mauritania, Niger, Nigeria and Senegal.

HISTORY AND HERITAGE

1. UTTARAMERUR INSCRIPTION

TAGS: GS-I- HISTORY AND HERITAGE- PRELIMS

THE CONTEXT:Prime Minister recently referred to the Uttaramerur inscription in Kanchipuram, Tamil Nadu, while discussing India’s democratic history.

THE EXPLANATION:

Where is Uttaramerur?

• Uttaramerur lies in present-day Kanchipuram district, approximately 90 km southeast of Chennai. Today, it is a small town and had a population of roughly 25,000 in the census of 2011. It is known for its historic temples built during Pallava and Chola rule.
• The famous inscription from Parantaka I’s reign is found on the walls of the Vaikunda Perumal Temple.

What does the inscription say?

• The inscription gives details of the functioning of the local sabha, i.e. the village assembly. A sabha was an assembly exclusively of brahmans and had specialised committees tasked with different things.
• The Uttaramerur inscription details how members were selected, the required qualifications, their roles and responsibilities, and even the circumstances in which they could be removed.
• Qualification of the representative: To become a representative of the Gram Sabha, the age of a person should be 35 to 70 years. He must have a certain amount of land. To become a representative it was necessary to have knowledge of Vedas. Anyone could get exemption on the ownership of land, but for that he should have knowledge of one Veda and four commentaries. To become a representative, a person should also be proficient in business.
• Rules of disqualification of the representatives: The inscriptions has also been told about the rules of disqualification of the representatives. Those who have committed five great sins cannot become a representative. Four of these were murder of Papa Brahmin, drinking alcohol, theft and adultery. The one who wanted to become a member should not be of criminal nature himself.

HEALTH ISSUES

2. HEATSTROKE

TAGS: GS-II-HEALTH ISSUES- PRELIMS

THE CONTEXT:Recently, 11 persons reportedly died of heat stroke while attending the Maharashtra Bhushan Award ceremony at Kharghar in Navi Mumbai.

THE EXPLANATION:

What is heatstroke?

• Heatstroke is a life-threatening condition that causes your body to overheat. It’s defined as a body temperature above 104 degrees Fahrenheit (40 degrees Celsius). Heatstroke, also called sunstroke, is the most severe form of hyperthermia, or heat-related illness. Heatstroke can lead to brain damage, organ failure or death.

Types of heatstroke:

There are two types of heatstroke:

1. Exertional heatstroke: This form of heatstroke is usually the result of physical overexertion in hot, humid conditions. It can develop in a few hours.
2. Non-exertional heatstroke: Also called classic heatstroke, this type can occur due to age or underlying health conditions. It tends to develop over several days.

Symptoms of heatstroke

• Anhidrosis (dry skin that doesn’t sweat, which is more common in non-exertional heatstroke).
• Ataxia (problems with movement and coordination).
• Balance problems.
• Delirium (confusion or disorientation).
• Excessive sweating that continues after you’ve stopped exercising (more common in exertional heatstroke).
• Hot, flushed skin or very pale skin.
• Low or high blood pressure.

SOCIAL ISSUES

3. SAME-SEX MARRIAGE’S LEGAL RECOGNITION IN INDIA

TAGS: GS-II- SOCIAL ISSUES

THE CONTEXT:Recently, the Supreme Court has set up a five-judge Constitution bench to hear the batch of petitions seeking legal recognition of same-sex marriages in India.

THE EXPLANATION:

Background:

• The Court has been hearing multiple petitioners’ requests for legal recognition of same-sex marriages under a special law. Initially, it took up the case of two partners who said the non-recognition of same-sex marriage amounted to discrimination that strikes at the root of “dignity and self-fulfilment” of LGBTQIA+ couples.
• The petitioners cited the Special Marriage Act, 1954, which provides a civil marriage for couples who cannot marry under their personal law, and appealed to the Court to extend the right to the LGBTQIA+ community, by making the “marriage between any two persons” gender neutral.

Why does the community want this right?

• Even if LGBTQIA+ couples may live together, legally, they are on a slippery slope. They do not enjoy the rights married couples do.
• For example, LGBTQIA+ couples cannot adopt children or have a child by surrogacy; they do not have automatic rights to inheritance, maintenance and tax benefits; after a partner passes away, they cannot avail of benefits like pension or compensation.
• Most of all, since marriage is a social institution, “that is created by and highly regulated by law,” without this social sanction, same-sex couples struggle to make a life together.

Which way are the Courts leaning?

• The Courts, leaning on Article 21 that guarantees the right to life and liberty, have time and again ruled in favour of inter-faith and inter-caste marriages, directing the police and other rights organisations to give them protection when they were threatened by parents or society, pointing out that “all adults have the right to marry a person of their choice.” In Navtej Singh Johar (2018), when homosexuality was decriminalised.
• “Members of the LGBT[QIA+] community are entitled to the benefit of an equal citizenship, without discrimination, and to the equal protection of law”.
• “The choice of whom to partner, the ability to find fulfilment in sexual intimacies and the right not to be subjected to discriminatory behaviour are intrinsic to the constitutional protection of sexual orientation.

PRELIMS PERSPECTIVE

4. TAMIL NADU’S CUMBUM GRAPES GET GEOGRAPHICAL INDICATION TAG

TAGS: PRELIMS PERSPECTIVE

THE CONTEXT: The Cumbum grapes also known as Paneer Thratchai, recently earned the Geographical Indication tag or GI tag.

THE EXPLANATION:

What is unique about these grapes?

• The Cumbum valley located at the Western Ghats in Tamil Nadu is known as the ‘Grapes city of South India’ and cultivates the Paneer Thratchai. This variety which is also known as Muscat Hamburg constitutes almost 85% of the grape-growing areas in Tamil Nadu.
• Theni district is one of the highest grapes producing areas of Paneer Thratchai. However, the ‘Panneer’ variety is chiefly associated with Cumbum Valley, where the cultivation area covers around 2,000 acres at 10 villages.
• The agro climate and the soil condition of the Cumbum region is very conducive for the cultivation of the Muscat variety. This variety is popular for its quick growth and early maturity. This ensures that the crop is available in the market almost throughout the year.
• The rich soil and water of the land are said to enhance the flavour of the natural fruit. The grape bunches are medium to large in size and compact in nature. The grapes grown are suitable for making wine, spirit, jams, canned grape juice and raisins.
• The Panneer grapes were first introduced in Tamil Nadu by a French priest in 1832. These grapes are rich in vitamins, tartaric acid and antioxidants and reduces the risk of some chronic diseases. They are also known for a superior taste apart from the purplish-brown colour.

Connect the dots:

• What is GI tag?

PLACES IN NEWS

5. SHIVELUCH VOLCANO

TAGS: PRELIMS-PLACES IN NEWS

THE CONTEXT: One of the Russia’s most active volcano recently erupted on the far eastern Kamchatka peninsula region spewing ash up to 20 kilometres above sea level, according to the Russia Academy of Sciences (RAS) Geophysical Survey.

About Kamchatka Peninsula:

• The Kamchatka Peninsula of Russia is a 1,250 km long peninsula on the far eastern edge of Siberia. It sits at the junction of a triple plate collision between the North American, the Pacific and the Eurasian Plates. It occupies something called the Okhotsk Block which is being shoved into the Eurasian Plate and borders on the Bering Block which defines the area north of the Aleutian chain of volcanic islands.
• It is one of the most concentrated areas of geothermal activity in the world, with 160 volcanoes in the region, 29 of which are believed to be currently active.
• Also, it is a part of the vast belt of Earth known as the “Ring of Fire” which circles the Pacific Ocean and is prone to eruptions and frequent earthquakes.

Shiveluch Volcano:

• Shiveluch is one of the largest and most active volcanoes in Kamchatka, having erupted at least 60 times in the past 10,000 years.
• It has two main parts: Old Shiveluch, which tops 3,283 metres (10,771 ft), and Young Shiveluch – a smaller, 2,800-metre peak protruding from its side.
• Young Shiveluch lies within an ancient caldera – a large crater-like basin that likely formed when the older part underwent a catastrophic eruption at least 10,000 years ago.
• It is this part that has become extremely active; the lava dome continues to grow and that stronger “fumarole activity” has been observed.

POLITY AND GOVERNANCE

1. NATURAL JUSTICE AND PRINCIPALS OF PROPORTIONALITY

TAGS: GS-II- POLITY AND CONSTITUTION

THE CONTEXT: A recent ruling of the Supreme Court brought out the issues of Natural Justice and Proportionality to the surface.

THE EXPLANATION:

Natural justice is also known as universal justice, substantial justice, or fair play in action.

 It is an essential concept of divine law, which is based on the law of equity.

Principles of Natural Justice:-

The main principles of natural justice are based on these two legal maxims:

• Nemo judex in causa sua – It means no one shall be a judge in his own case.
• Audi alteram partem – It means both parties/sides must be heard. No man should be condemned unheard.

Prerequisites of Natural Justice:-

• Absence of bias, interest, or prejudice: the judge should be neutral, impartial, and free from bias is the first and foremost prerequisite of natural justice.

Types of Bias:

• Pecuniary bias – It concerns a financial interest in the subject matter.
• Personal bias – A judge may be a relative, friend, or associate of a party.
• Official bias – When a judge has a general interest in the subject matter.

Maneka Gandhi vs Union of India, 1978

• It is well established in the case that even when there is no specific law or provision in a statute or rules made for showing cause against the action made, which affects the right of any individual, the duty to give a reasonable opportunity to be heard will be implied from nature.
• The principles of natural justice are not only binding on all courts but also on judicial bodies and quasi-judicial authorities.

Exceptions to the Principle of Natural Justice:-

• Where a statute or act expressly excludes or a particular provision of it excludes the applicability of the rule.
• Where the action is legislative in nature.
• Where the doctrine of necessity applies.
  • Doctrine of necessity applies: If a decision is to be made urgently on shorter notice, then the rule may be excluded.
• Where facts are admitted or undisputed, then there is no need to call the party again for readmitting the admitted facts. The court can proceed further with admissions made.
• Where an enquiry is confidential, then there can be ignorance of the principles of natural justice.
• Where preventive action is to be taken.
  • For example section 144 CrPC, where immediate action is required, and no reasonable or due time can be given to the other party.
• Where urgent action is necessary for a government policy decision.

Principals of Proportionality:-

• The principle requires that the decision or action must be proportionate to the objective it seeks to achieve.
• It means employed to achieve the objective must be no more than necessary to achieve it, and the harm caused by the decision or action must not be excessive in relation to the benefit gained.
• The validity of the claim of involvement of national security considerations must be assessed on the test of whether there is material to conclude that the non-disclosure of information is in the interest of national security.
• Courts can assess the validity of public interest immunity claims based on the “structured proportionality standard”.

SOCIAL ISSUES

2. WHAT IS HIKIKOMORI?

TAGS: GS-II- SOCIAL ISSUES

THE CONTEXT: A new phenomenon of Isolation known as ‘Hikikomori’ or ‘Shut-ins’ is rapidly spreading in Japan – leading to nearly 1.5 million Japanese people of working age living as social recluses, revealed by a government survey. According to the survey, around a fifth of the isolation cases have been cited to the Covid-19 pandemic.

THE EXPLANATION:

About Hikikomori:

• The term Hikikomori was coined in Japan in the 1990s to describe young adults who had withdrawn from society and remained isolated in their homes for extended periods.
• It is not recognized as a clinical diagnosis but is rather a social phenomenon that affects people of all ages.

What is the factor behind Isolation?

• Several factors have contributed to the high prevalence of hikikomori in Japan. The country’s highly competitive and demanding education system is one of the key factors. Many young people in Japan face intense academic pressure to succeed in school and secure good jobs, leading to high levels of stress and anxiety.
• As per government survey, the most common reason respondents gave for their social withdrawal was “quitting jobs”. This was closely followed by the pandemic, which was cited as the main reason by 18 percent of recluses aged 15-39 and 20 percent of those aged 40-64.
• The traditional Japanese family structure has also played a role. In Japan, there is a strong emphasis on filial piety or respect for one’s parents and elders. This has led to a culture in which children often feel a sense of obligation to care for their parents in old age, which can cause feelings of guilt and anxiety.
• Additionally, Japan’s work culture is notorious for being intense and all-consuming. Long working hours, high levels of stress, and limited opportunities for career advancement can cause burnout and contribute to the prevalence of hikikomori.

What are the Consequences of Hikikomori?

• The consequences of hikikomori can be severe, both for individuals and for society as a whole. Hikikomori can lead to social Isolation, a lack of employment opportunities, and financial hardship. It can also result in mental health issues such as depression and anxiety disorders.
• The Japanese government has recognized the problem of hikikomori and has implemented several initiatives to address it. These initiatives include counselling services, support groups, and financial assistance for individuals and families affected by hikikomori.

HEALTH ISSUES

3. SQUIRRELPOX VIRUS IN WALES

TAGS: GS-II- HEALTH ISSUES

THE CONTEXT: Red squirrels are one of Britain’s most iconic species, and yet, they are under threat from a virus that causes a fatal disease known as squirrelpox. The virus is thought to have originated in North America and was accidentally introduced to the UK by grey squirrels. It is a major threat to the red squirrel population in Wales, where numbers have declined dramatically in recent years.

THE EXPLANATION:

• Grey squirrels are the usual carriers of SQPV (Squirrelpox virus), and although they are immune to the disease, they can still spread the virus to red squirrels through physical contact or contaminated food sources.

Anecdotal Evidence of Resistance

• Despite the devastating effects of the virus, there is some good news. There is anecdotal evidence to suggest that some red squirrels have developed resistance to squirrelpox.
• In Cumbria, there have been reports of healthy red squirrels with antibodies to the virus, which indicates that they have survived an infection and built up immunity.

Impact of Squirrelpox on Red Squirrels

• Squirrelpox has a mortality rate of 100% for untreated infected squirrels in the wild, and infected squirrels typically die within four to five days.
• The virus causes cuts, blisters, and growths on the skin, which can be painful and debilitating for the squirrels. Once infected, red squirrels can take up to three weeks to die.

Efforts to Protect Red Squirrels

• There have been calls for the Welsh government to fund vaccine research to protect red squirrels from squirrelpox. A petition signed by nearly 11,000 people was submitted to the government, but so far, no action has been taken. Despite this, there are still efforts being made to protect red squirrels in Wales.

Restoring Red Squirrels in Ceredigion

• A project is underway to restore red squirrels in Ceredigion, where numbers remain small. The project involves trapping grey squirrels and replacing them with red squirrels in the hope that the red squirrel population will grow. However, this project is only one of many, and more work needs to be done to protect red squirrels in other parts of Wales.

SCIENCE AND TECHNOLOGY

4. EXTENDED RANGE ANTI SUBMARINE ROCKET (ER-ASR)

TAGS: GS-III- SCIENCE AND TECHNOLOGY

THE CONTEXT: Recently, the Extended Range Anti-Submarine Rocket (ER-ASR) was successfully test-fired for the first time.

THE EXPLANATION:

About Extended Range Anti-Submarine Rocket:-

• The ER-ASR was designed by the Pune-based Armament Research and Development Establishment (ARDE) and the High Energy Materials Research Laboratory (HEMRL) of the DRDO.
• It is designed to intercept submarines at specific depths.
• Its rocket system will be deployed in anti-submarine operations.
• It will be fired from an indigenised rocket launcher mounted onboard various Indian naval ships.
• ER-ASR can be fired in single or in salvo mode depending on the tactical mission requirements.
• The maiden successful test from the ship is a step towards enhancing the capability of the Indian Navy in anti-submarine warfare and towards achieving ‘AtmaNirbharta’ in defence.
• ER-ASR has been designed to replace the existing Russian-origin Rocket Guided Bombs (RGBs) which are already fitted in ships.
• While the RGB has a range of five kilometres, the ER-ASR can achieve a range of over eight kilometres.

PLACES IN NEWS

5. IZU-OGASAWARA TRENCH

TAGS: PRELIMS PERSPECTIVE

THE CONTEXT: The Izu–Ogasawara Trench is an oceanic trench located in the western Pacific Ocean. It is known for being one of the deepest points in the world’s oceans. Here, the deepest ever fish was filmed, breaking the previous record of filming a fish swimming in the Mariana Trench.

THE EXPLANATION:

Depth and Location

• The Izu–Ogasawara Trench is also known as the Izu–Bonin Trench. It is some 9,780 meters (32,087 feet) deep. This oceanic trench is an extension of the Japan Trench and is composed of two trenches: the Izu Trench, located in the north, and the Bonin Trench, located in the south, west of the Ogasawara Plateau.
• The Izu–Ogasawara Trench is located in the western Pacific Ocean, southeast of Japan. It runs parallel to the Mariana Trench, which is the deepest point in the world’s oceans at approximately 10,935 meters (35,876 feet) deep.

Marine Life in the Trench

• Despite the extreme depths of the Izu–Ogasawara Trench, unique marine life has been found in this region. In 2019, the Minderoo-UWA Deep Sea Research Centre led a two-month expedition to explore the trench’s depths. During the expedition, the deepest fish ever caught on camera was filmed swimming at a depth of 8,336 meters (27,373 feet) in the trench. This juvenile snail fish is one of only two fish that have been collected from a depth greater than 8,000 meters.
• The slightly warmer water in the Izu–Ogasawara Trench is believed to be responsible for the survival of fish at such extreme depths. Scientists have also discovered other unique marine life forms in the trench, including the Xenophyophore Occultammina, which was first discovered at a depth of 8,260 meters (27,100 feet).

Significance of the Trench

• The Izu–Bonin–Mariana Arc system, which includes the Izu and Bonin Islands, is created by the subduction of the Pacific Plate beneath the Philippine Sea Plate in the Izu–Ogasawara Trench. This process is responsible for creating the unique geological features and marine life in the region.
• The Izu–Ogasawara Trench is also significant for its research potential. Professor Jamieson, the founder of the Minderoo-UWA Deep Sea Research Centre, led the expedition to the trench in 2019 to study the effects of extreme ocean depths on marine life. The research conducted in this trench can help us understand more about the ocean’s depths and the unique ecosystems that exist in these extreme environments.

THE CONTEXT: India’s Parliament approved the Wages Code in August 2019, and the Code on Industrial Relations, Code on Social Security, and the Code on Occupational Safety, Health and Working Conditions in September 2020. It published these Codes in the Official Gazette for general information.

The four Labour Codes envisage strengthening the protection available to workers, including unorganized workers in terms of statutory minimum wage, social security and healthcare of workers.  Some of the important provisions are as follows: –

SOME OF THE IMPORTANT PROVISIONS ARE AS FOLLOWS

CODE ON WAGES, 2019

• A statutory right for minimum wages and timely payment of wages has been made available to all workers to support sustainable growth and inclusive development.

INDUSTRIAL RELATIONS CODE, 2020

• To avoid multiple interpretations and litigations, a uniform definition of ‘wages’ across all the four Labour Codes has been provided that is simple, coherent and easy to enforce.
• Statutory provision has been made for the first time to issue an appointment letter to every employee of the establishment which leads to the formalized contract of employment that increases job security and enables a worker to claim statutory benefits such as minimum wages, social security etc.

CODE ON SOCIAL SECURITY, 2020

• Statutory provision has been made for the first time to issue appointment letter to every employee of the establishment which leads to formalized contract of employment that increases job security and enables a worker to claim statutory benefits such as minimum wages, social security etc.
• Provision of Re-skilling Fund for skill development of workers.
• The gig worker and the platform worker have been defined for the purpose of formulating schemes to provide social security benefits. Social security schemes can be formulated from the contribution of aggregators and the other sources can include funds from the Central and State Governments.
• The Central Government may extend benefits to unorganised workers, gig workers and platform workers and the members of their families through Employees’ State Insurance Corporation or Employees’ Provident Fund Organization.
• A worker engaged under Fixed Term Employment (FTE) is entitled for all the benefits which are available to permanent employees and has also been made eligible for gratuity if he renders service for a period of one year.
• Every worker is entitled to annual leave with wages after working for 180 days in comparison to 240 days at present.
• Applicability of Employees’ Provident Fund has been extended to all industries as against scheduled industries at present.

OCCUPATIONAL SAFETY, HEALTH AND WORKING CONDITIONS CODE, 2020

• Provision for annual health check-up and medical facilities has also been made which enhances labour productivity and increases life expectancy.

EFFECTS ON WOMEN LABOUR FORCE PARTICIPATION

While 75.1% of men, in the 15–59 age group, were in the workforce in 2018–19, for women in the same age group, it was only 25.0%, reporting a gap of more than 50 percentage points for the year.

The work participation rate (WPR) of women dec­lined from 44.2% in 2004–05 to 25% in 2018–19. The decline in WPR for women is greater in rural areas compared to urban areas. Thus, the New code help in increasing the workforce participation of women by providing them equity in the working environment.

CONDITION OF UNEMPLOYMENT

STATISTICS:

• As per the estimates of PLFS 2018–19, out of the total employment 91.1% of women are infor­mal workers which reflecting on their weak socioeconomic security.
• The increasing share of casual workers and self-employed women workers disadvantages them from regular employment contracts. The sectoral segregation and concentration of women in low-paying jobs have deprived them of employment protection.
• With regard to access to social security, it is evident that only 39.2% of women workers in regular salaried employment were eligible for any social security benefits while a majority 55.8% were not eligible.

MEASURES TAKEN:

• Labour on Social Security Code has included the unorganised worker in the definitions of “workers” .
• Protection through the labour regulations is critical for add­ressing the concerns of female labour force participation.

ISSUES:

• The Parliamentary Standing Committee on Labour on Social Security Code had informed about the multiplicity of definitions of “workers” which might lead to confusion. Though the Unorganised Workers Social Security Act (UWSSA) intends to cover all unorganised sector workers, the domestic workers are still not included.
• Though the Social Security Code 2020 has tried to include domestic workers in the definition of “wage worker,” yet an exclusive definition has not been adopted.

REPRESENTATION IN DECISION MAKING IN THE ADVISORY COMMITTEE

• Prohibiting gender discrimination in wage payment has been incorporated into the Code vide Section 3 of the Code on Wages 2019. This is in conformity with ILO Convention 100 on equal remuneration and Convention 111 on discrimination (employment and occupation).
• It provides for the constitution of the Central Advisory Board and State Advisory Boards and stipulates that at least one-third members shall be women.
  • This will increase in the about force participation rate
  • It also has an important role to play in determining and fixing minimum wages.

GENDER AND MATERNITY RIGHTS

• A majority of workers in the informal sector do not have access to institutional social security. This convention talks about social security schemes, which are partially being fulfilled by state governments through the Unorganised Workers Social Security Act 2008.
• The most important social security provision for women workers that is provided in the new code is maternity benefit. The code on Social Security 2020 subsumes the existing Maternity Benefit Act (MBA) 1961 and maternity benefit provisions are detailed in Chapter VI of the said code. Existing provisions, in MBA 1961, have been kept intact in the new code and included as a chapter. The quantum of maternity benefits has been enh­anced through an amendment in 2017
• The Code on Social Security 2020 does provide maternity benefits in the form of maternity benefit scheme for unorganised workers and it is being extended for gig and platform workers (a sub-set of the broader unorga­nised labour). The term social security is explicitly defined in the new code and maternity benefit for unorganised, gig and platform workers has been included within the purview of social security.
• The definition of unorganised workers includes home-based and self-employed workers where women are engaged in greater numbers. As per the code definition, “unorganised worker” means a home-based, self-employed or a wage worker and includes a worker in the organised sector who is not covered by the Industrial Disputes Act, 1947

ISSUES

• However, in the Social Security Code 2020, informal women workers are not covered for the institutional maternity benefit as the specific act is applicable for establishments having 10 or more workers. Thus, maternity coverage in true sense of the term is limited to formal women workers only. Informal women workers are covered under the social security scheme.

THE WAY FORWARD

 In the case of self-employment and ambiguous employer–employee relations, the state needs to be involved in the provision of maternity entitlements through appropriate schemes. Labour welfare boards, health departments, and anganwadi centres have to be involved and their activities coordinated.

REPRESENTATION OF WOMEN IN TRADE UNIONS

Industrial Relations Code 2020 is gender neutral. Representation of women in the decision-making body is imperative for raising issues specific to women workers which were not prioritised in the earlier legislations.

OCCUPATIONAL SAFETY AT THE WORKPLACE

The OSH Code has amalgamated 13 labour legislations including the Factories Act 1948, which had earlier prohibited night work for women. But, the new code has introduced a special provision for women wherein it has enabled consenting women to work beyond 7.00 pm and before 6.00 am, subject to employers’ compliance with the conditions relating to safety, holidays and working hours be prescribed by the government. However, the government can prohibit the employment of women in some operations that are dangerous to their health.

                Section 67 of the draft rules, for facilitating night working hours for women employees, transport facilities need to be arranged by the employer.

ISSUES:  OSHWC Code 2020 is applicable to establishments having 10 or more workers, women workers in the informal sector would not get legal protection as provided in the POSH Act 2013. Also, broadly, because of this applicability threshold (10 workers or more), women informal workers, including migrant women workers, are excluded from the health, safety and working condition provisions outlined in the OSHWC Code 2020. They are also outside the coverage of health and safety legislation.

SANITATION

The new code requires that employers make sufficient arrangement for latrine and urinal accommodation to male, female and transgender employees separately and maintain hygiene therein and include provision of separate bathing facilities along with a locker room.

ISSUES: OSHWC Code 2020 is its selective applicability. As per Section 2(v) an “establishment” means (i) a place where any industry, trade, business, manufacturing or occupation is carried on in which 10 or more workers are employed.8 This implies that for establishments employing less than 10 workers, provisions of this code would not apply.

THE WAY FORWARD

• There is a need for comprehensive coverage of women through women-centric initiatives. This will help in solving the problem of exclusivity problem of women in the Workspace related issues. The code should comprehensively cover all the establishments.

THE CONCLUSION: In all four codes, the term “worker” or “employee” has always been referred to as “he,” which implies how workers are perceived as male entities by the lawmakers. This itself is problematic and needs to be rectified in the first instance. The new labour codes have the potential to protect certain rights of women workers but are plagued with significant gaps that need to be addressed urgently. Some of these gaps can be filled by the state governments while finalising the rules. The discourse on labour rights for women needs to move beyond the economic rights and also focus on rectifying the larger issues of human rights violations that are embedded in the social structures.

Mains Question:

1. What are the steps taken in the New labour Code for the increase in the labour force participation of women?
2. What are the issues in the labour code that restrict women’s equal participation in the economy?

INDIAN POLITY

1. THE KARNATAKA-MAHARASHTRA BORDER ROW

TAGS:GS-II & III-INTER STATE BORDER DISPUTES

THE CONTEXT: Recently, the Karnataka Legislative Assembly, unanimously passed a resolution to protect its interests and called the dispute a “closed chapter”. For that the Maharashtra government retaliated by passing a unanimous resolution in its Assembly to legally pursue the inclusion of 865 Marathi-speaking villages from Belagavi, Karwar, Nipani, Bidar, Bhalki and others in Karnataka into the State.

THE EXPLANATION:

What are the claims of the two States?

• The raging boundary dispute between the two States dates back to the reorganisation of States along linguistic lines. In 1957, unhappy with the demarcation of boundaries, Maharashtra demanded realignment of its border with Karnataka.
• It invoked Section 21 (2)(b) of the Act, submitting a memorandum to the Union Ministry of Home Affairs stating its objection to Marathi-speaking areas being included in Karnataka. It filed a petition in the Supreme Court staking a claim over Belagavi.
• Karnataka has argued that the inclusion of Belagavi as part of its territory is beyond dispute. It has cited the demarcation done on linguistic lines as per the Act and the 1967 Mahajan Commission Report to substantiate its position.
• Karnataka has argued for the inclusion of areas in Kolhapur, Sholapur and Sangli districts (falling under Maharashtra) in its territory. From 2006, Karnataka started holding the winter session of the Legislature in Belagavi, building the massive Suvarna Vidhana Soudha in the district headquarters to reassert its claim.

What were the terms of the Mahajan Commission?

• In 1966, at Maharashtra’s insistence, the then Prime Minister Indira Gandhi established a one-man commission led by Mehr Chand Mahajan, which recommended that 264 villages be transferred to Maharashtra and that Belagavi (Belgaum) and 247 villages remain with Karnataka.
• Maharashtra rejected the report, while Karnataka welcomed it. Karnataka argued that either the Mahajan Commission Report should be accepted fully, or the status quo maintained.

Connect the dots: States Reorganisation Act 1956

2. WHAT IS TRIPLE TEST SURVEY?

TAGS: PRELIMS PERSPECTIVE-GS -II-POLITY

THE CONTEXT: Recently, the Allahabad High Court ordered the Uttar Pradesh government to hold urban local body elections without reservation for Other Backward Classes (OBCs) because the ‘triple test’ requirement for the quota had not been fulfilled, the state set up a commission for this purpose.

THE EXPLANATION:

• The five-member commission will conduct a survey to ensure that the OBCs are provided reservation on the basis of the triple test, as mandated by the Supreme Court.
• This is the first time that the triple test exercise will be carried out in Uttar Pradesh. Sources said the law department and the urban development department will lay down the guidelines to be adopted for the process.
  a) To set up a dedicated commission to conduct a rigorous empirical inquiry into the nature and implications of the backwardness in local bodies;
  b) To specify the proportion of reservation required in local bodies in light of recommendations of the commission, so as not to fall foul of overbreadth;
  c) To ensure reservation for SCs/STs/OBCs taken together does not exceed an aggregate of 50 per cent of the total seats.
  d) These triple test/conditions were outlined by the Supreme Court in the case of Vikas KishanraoGawali vs. State of Maharashtra and others, decided on March 4, 2021.

Why triple test instead of rapid survey?

The Lucknow Bench of the Allahabad High Court on said that any inquiry or study into the nature and implications of the backwardness with respect to local bodies involves ascertainment of representation in such bodies. The court said such an exercise cannot be confined to counting of heads alone, as is being done through the rapid survey.

SOCIAL ISSUES AND SOCIAL JUSTICE

3. PROPOSAL TO SHIFT FROM “MINIMUM” TO “LIVING” WAGES

TAGS:GS-II & III- SOCIAL ISSUES-ECONOMY

THE CONTEXT: The Union Labour Ministry is currently mulling to shift from the “minimum wages” to “living wages” in a bid to bring more people from poverty in the country.

THE EXPLANATION:

What is a living wage?

• The term “living wage” is the theoretical income level that enables an individual or a family to afford adequate shelter, food, healthcare and other basic necessities. It is the minimum income of that helps support a satisfactory standard of living and prevents individuals from falling into poverty.

How is the living wage different from minimum wage?

• A living wage is defined as the minimum income necessary for workers to meet their basic necessities. It is different from the minimum wage, which is based on labor productivity and skill sets.
• Minimum wage is the lowest amount of money a laborer can earn as mandated by the law. It does not change based on inflation. It can increase only with the government intervention. This is not true for the living wage.
• The living wage is determined by the average cost to live comfortably, while the minimum wage is the fixed amount set by the government.
• The difference between the minimum wage and the living wage can range between 10 and 25 percent based on the cost of living in a specific place.

About India’s decision

• The Indian government is considering to shift from the minimum wage to the living wage to eliminate poverty in the country. If such a shift happens, it would have significant financial implications for India and the government. It will make Sustainable Development Goal commitments easily achievable.
• India is planning to receive assistance from the International Labour Organization (ILO) to understand what constitutes a living wage since it is highly subjective. The ILO member states, including India, have recently requested the ILO to contribute to the improved understanding of living wages by undertaking a peer-reviewed research on the theoretical concepts and theoretical estimations.

Connect the Dots: ILO

SCIENCE AND TECHNOLOGY

4. OMEGA CENTAURI

TAGS: PRELIMS PERSPECTIVE- GS-III-SCIENCE AND TECHNOLOGY

THE CONTEXT: Astronomers and scientists at the Indian Institute of Astrophysics (IIA), while studying the Omega Centauri found that hot stars and white dwarfs emitted less ultraviolet radiation than expected.

THE EXPLANATION:

• A team of Scientists at the Indian Institute of Astrophysics detected strange hot stars in the Globular clusters using the Ultra Violet Imaging Telescope (UVIT) images on AstroSat (India’s first dedicated space observatory, which has been operating since 2015).

What are Globular clusters?

• Globular clusters are spherical aggregates of several thousand to millions of stars bound by gravity. These systems are thought to have formed early on in the Universe and can serve as perfect astrophysical laboratories for astronomers to understand how stars evolve through various phases.
• Omega Centauri is a globular cluster in the constellation of Centaurus that was first identified as a non-stellar object by Edmond Halley in 1677.
• Located at a distance of 17,090 light-years, it is the largest-known globular cluster in the Milky Way at a diameter of roughly 150 light-years.

What is Galaxy?

• A galaxy is a huge collection of gas, dust, and billions of stars and their solar systems bound together by gravity.
• Milky Way, is stuffed with between 100 billion and 400 billion other stars, many of them with planets of their own. The Milky Way got its name from the way it looks from the ground: like a streak of spilt milk across the sky.

PRELIMS PERSPECTIVE

5. GARRARNAWUN BUSH TOMATO

TAGS: PRELIMS PERSPECTIVE

THE CONTEXT: A new species of bush tomato, christened Garrarnawun bush tomato (Solanum scalarium), was discovered in Australia recently.

THE EXPLANATION:

About the genus Solanum

• Genus Solanum has around 1,400 accepted species that are distributed across the world. The species belonging to this genus are found in all continents except Antarctica. It is the most species-rich genus in the Solanaceae family and is among the largest in the angiosperms (flowering plants).
• The genus includes 3 food crops having high economic value. These are the potato, tomato and eggplant (brinjal).
• Much of the species belonging to the Solanum are concentrated in circum-Amazonian tropical South America. However, its hotspots are also found in Africa and Australia.
• This genus is often recognized by its two-chambered superior ovary, fused sepals and petals, 5 stamens, poricidal anthers, and sometimes branched hairs and/or prickles.

About the new species

• The Garrarnawun bush tomato (Solanum scalarium) is currently found only in one site in world i.e., the Judbarra/Gregory National Park in the Australia’s Northern Territory.
• It is a perennial pale green shrub that is around 30 cm tall.
• This species belongs to the taxonomically challenging group called Kimberley dioecious clade in Australia. It is distinguished from other members of this group by its spreading decumbent habit and conspicuously prickly male floral rachis.
• Its common name recognizes the lookout point in the Judbarra/Gregory National Park. This point is the traditional meeting place of the Wardaman and Nungali-Ngaliwurru peoples, whose lands intersect in this region.
• This species is currently known from a single population of around 50 to 100 individuals. Hence, scientists are proposing to include in the “data deficit” category of the IUCN Red List.
• It is found on skeletal pink soil, dissected rocks and exposed sandstone pavements.
• It is expected to be found in more locations due to the prevalence of a similar and less accessible outcrops in the immediate region.