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  • Supreme Court allows bullock cart races in Maharashtra

    The Supreme Court has allowed Maharashtra to hold bullock cart races in the state till the pendency of the matter before the Constitutional Bench of the apex court.

    Allowing bullock-cart races

    • The SC observed that the validity of the amended provisions of the Prevention of Cruelty to Animals Act, 1960 and the rules framed by Maharashtra provided for bullock cart race in the State.
    • Such races would operate during the pendency of the petitions as the entire matter has been referred to a constitution Bench.
    • The state govt has cited examples as the same is being conducted in the states like Tamil Nadu and Karnataka.

    Why was there a ban on the bullock cart races?

    Ans. Ban on Jallikattu, then

    • Bullock cart races were banned in Maharashtra after the Supreme Court declared that the race as violative of the provisions of the central act in 2014.
    • It then had observed that bulls were not anatomically designed to participate in races/taming and would be subjected to cruelty if used as a performing animal.

    How did Maharashtra respond?

    Ans. Bringing in a law to prevent pain or sufferings to the animals

    • In April 2017, the Maharashtra assembly had passed legislation for resumption of bullock cart races across the state.
    • The Bill titled ‘The Prevention of Cruelty to Animals (Maharashtra Amendment) Bill’ was passed unanimously with the support of all parties.
    • As per the amendment, bullock cart races could be held with the prior permission of the district collector concerned by ensuring that no pain or suffering would be caused to the animal.

    Why did the Maharashtra government go to SC?

    Ans. Blanket ban by Bombay HC

    • Even after this law, the Bombay High Court refused to vacate stay on the bullock cart races.
    • Hence it got to approach the SC.

    Proving the running ability of a bull

    • In November 2017, the Maharashtra government set up a committee to study the running capacity of various breeds of bulls and bullocks in comparison to horses.
    • The committee was asked to study physiological and biochemical changes during the running of the bulls, bullocks and horses.
    • A report titled ‘Running ability of bull’ was prepared in two months by the government to justify allowing the bullock cart races.
    • Subsequently, the Maharashtra government challenged the Bombay HC’s order.

    Back2Basics: Jallikattu Debate

    • It is a bull-taming sport and a disputed traditional event in which a bull such is released into a crowd of people.
    • Multiple human participants attempt to grab the large hump on the bull’s back with both arms and hang on to it while the bull attempts to escape.
    • Participants hold the hump for as long as possible, attempting to bring the bull to a stop. In some cases, participants must ride long enough to remove flags on the bull’s horns.
    • It is typically practised in the state of Tamil Nadu as a part of Pongal (harvest) celebrations in January.

    Issue with the sport

    An investigation by the Animal Welfare Board of India concluded that “Jallikattu is inherently cruel to animals”.

    • Human deaths: The event has caused several human deaths and injuries and there are several instances of fatalities to the bulls.
    • Manhandling of animals: Animal welfare concerns are related to the handling of the bulls before they are released and also during the competitor’s attempts to subdue the bull.
    • Cruelty to animal: Practices, before the bull is released, include prodding the bull with sharp sticks or scythes, extreme bending of the tail which can fracture the vertebrae, and biting of the bull’s tail.
    • Animal intoxication:  There are also reports of the bulls being forced to drink alcohol to disorient them, or chilli peppers being rubbed in their eyes to aggravate the bull.

    Arguments in favour

    • Native breed conservation: According to its protagonists, it is not a leisure sport available but a way to promote and preserve the native livestock.
    • Cultural significance: Jallikattu has been known to be practiced during the Tamil classical period (400-100 BCE) and finds mention in Sangam texts.
    • Man-animal relationship: Some believe that the sport also symbolizes a cordial man-animal relationship.

     

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  • Tamil Nadu brings in State Song

    The Tamil Nadu Government has declared the Tamil Thai Vaazhthu as State Song.

    The decision came after the Madras High Court ruling that there is no statutory or executive order requiring the attendees to stand up when Tamil Thai Vaazhthu is sung.

    Tamil Thai Vaazhthu

    • A part of the verses under the title ‘Tamil Dheiva Vanakkam’ from Manonmaniam, penned by Manonmaniam Sundaranar and published in 1891, eventually came to be known as the Tamil Thai Vaazhthu.
    • In 1913, the annual report of the Karanthai Tamil Sangam made the demand for singing the song at all functions.
    • The Tamil Thai Vaazhthu is being sung at Karanthai Tamil Sangam since 1914.
    • It is also being sung at all Tamil Sangams associated with the Karanthai Tamil Sangam.
    • The Karanthai Tamil Sangam had appealed to the then Chief Minister, C.N. Annadurai, to declare Tamil Thai Vaazhthu the State song.

    What was the Madras HC observation?

    • There is no statutory or executive order requiring attendees to stand up when it was being sung.
    • The court, however, ruled that Tamil Thai Vaazhthu “is a prayer song and not an Anthem”.
    • While the “highest reverence and respect ought to be shown”, it was not necessary to stand for it.
    • The song is sung at the commencement (and not at the end) of all functions organized by government departments, local bodies and educational institutions.

    What about National Anthem?

    • In the Bijoe Emmanuel vs. State of Kerala (1986) Case, the Supreme Court ordered the readmission to school of three children who had been expelled for refusing to sing the national anthem.
    • It was then noted by the SC that there is no provision of law which obliges anyone to sing the National Anthem.
    • Again, the Supreme Court had, in Shyam Narayan Chouksey v. Union of India (2017), directed that all cinema halls shall play the national anthem before the film and all present are obliged to stand.

    What is the state directive?

    • TN CM has issued a directive that everyone who is present during the rendition of the song, barring differently-abled persons, should remain standing.
    • The song should compulsorily be sung at the beginning of events organized by all educational institutions, government offices and public sector undertakings, among other public organizations.
    • The song should be sung in 55 seconds in Mullaipaani Ragam (Mohana Raagam) in the thisra thaalaa.
    • At public functions, the playing of the song with musical instruments/recordings is to be avoided, and trained singers should sing it.

    Point of discussion: Is it a case of Sub-nationalism?

    • There has been an intensification of sub-nationalism in India by highlighting the greatness of their state, language or historical state icons.
    • This pride has, at times, led to unimaginable actions. The latest issue of contention was regarding a separate State flag for Karnataka.
    • India also witnesses shocking developments showing the ugly face of provincialism in the North-East.

    Issues with such tendencies

    • Overambitious aspirations: As much as it is a matter of pride it remains a matter of concern when regional aspirations become too strong.
    • Secessionist tendencies: India has already faced partition due to rising religious motives and has been plagued by secessionism in J&K and Nagaland based on regional identities.
    • National Unity: It can be argued that subnationalism emphasizes aggressively on its regional identities then it can break the sensitive thread through which India remains a nation.
    • Communalism: It should be critically studied that whether the state’s assertions are to freely exercise their own culture and language or to belittle and suppress others.

    Affirmations to offer

    • Pluralism: An optimistic view emerges which characterizes subnationalism as the strength of a multi-cultural nation such as India.
    • Socio-economic solidarity: Subnationalism encourages social development as the level of solidarity is high in a state under such motives of state song, flag etc.
    • Unification: State symbols means that a region becomes more and more homogenous and dedicated for welfare under cultural and linguistic symbolization.

    Conclusion

    • As long as subnationalism is not secessionist in nature or is aimed towards other communities, it might become a positive force in India.
    • It will help in re-establishing the nature of the pluralistic society of India amidst the growing manufactured rhetoric of nationalism being falsely related exclusively with religious nationality.

     

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  • How India’s data protection Bill compares with EU regulation

    The Personal Data Protection Bill is in some aspects very similar with some differences to global standards such as European Union’s General Data Protection Regulation. Here is how:

    Must read:

    Draft Personal Data Protection Bill, 2021

    Major similarities

    [1] Consent

    • EU: Users must have informed consent about the way their data is processed so that they can opt in or out.
    • India: Processing of data should be done in a fair and transparent manner, while also ensuring privacy

    [2] Breach

    • EU: Supervisory authority must be notified of a breach within 72 hours of the leak so that users can take steps to protect information
    • India: Data Protection Authority must be informed within 72 hours; DPA will decide whether users need to be informed and steps to be taken

    [3] Transition period

    • EU: Two-year transition period for provisions of GDPR to be put in place
    • India: 24 months overall; 9 months for registration of data fiduciaries, 6 months for DPA to start

    [4] Data fiduciary

    • EU: Data fiduciary is any natural or legal person, public authority, agency or body that determines purpose and means of data processing
    • India: Similar suggestions; additionally, NGOs which also process data to be included as fiduciaries

    Differences:

    [1] Anonymous information

    • EU: Principles of data protection do not apply to anonymous information since it is impossible to tell one from another
    • India: Non-personal data must come under the ambit of data protection law such as non-personal data

    [2] Punishment

    • EU: No jail terms. Fines up to 20 million euros, or in the case of an undertaking, up to 4 % of their total global turnover of the preceding fiscal year
    • India: Jail term of up to 3 years, fine of Rs 2 lakh or both if de-identified data is re-identified by any person.

     

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  • The WTO’s challenge to MSP

    Context

    Amid the demand for legal backing to MSP, the question remains about whether India can provide a legal guarantee violating its international law obligations enshrined in the Agreement on Agriculture (AoA) of the World Trade Organization (WTO)?

    Classification of subsidies under AoA: Trade distorting and non-trade distorting

    • The objective of AoA: One of the central objectives of the AoA is to cut trade-distorting domestic support.
    • Three categories: In this regard, the domestic subsidies are divided into three categories: ‘green box’, ‘blue box’ and ‘amber box’ measures.
    • Non-trade distorting: ‘Green box’ subsidies (like income support to farmers de-coupled from production) and ‘blue box’ subsidies (like direct payments under production limiting programmes subject to certain conditions) are considered non-trade distorting.
    • Countries can provide unlimited subsidies under these two categories.
    • Trade-distorting subsidies: Price support provided in the form of procurement of crops at MSP is classified as a trade-distorting subsidy and falls under the ‘amber box’ measures, which are subject to certain limits.

    So, how do countries measure ‘amber box’ support?

    • Compute AMS: To measure ‘amber box’ support, WTO member countries are required to compute Aggregate Measurement of Support (AMS).
    • AMS is the total of product-specific support (price support to a particular crop) and non-product-specific support (fertilizer subsidy).

    Understanding the  de minimis limit

    • Under Article 6.4(b) of the AoA, developing countries such as India are allowed to provide a de minimis level of product and non-product domestic subsidy.
    • This de minimis limit is capped at 10% of the total value of production of the product, in case of a product-specific subsidy; and at 10% of the total value of a country’s agricultural production, in case of non-product subsidy.
    • Subsidies breaching the de minimis cap are trade-distorting.

    Possibility of India overshooting the de minimis limit

    • Relation between MSP and AMS: The procurement at MSP, after comparing it with the fixed external reference price (ERP) — an average price based on the base years 1986-88 — has to be included in AMS.
    • Widening gap between ERP and MSP: Since the fixed ERP has not been revised in the last several decades at the WTO, the difference between the MSP and fixed ERP has widened enormously due to inflation.
    • According to the Centre for WTO Studies, India’s ERP for rice, in 1986-88, was $262.51/tonne and the MSP was less than this.
    • However, India’s applied administered price for rice in 2015-16 stood at $323.06/tonne, much more than the 1986-88 ERP.
    • Procuring all the 23 crops at MSP, as against the current practice of procuring largely rice and wheat, will result in India breaching the de minimis limit making it vulnerable to a legal challenge at the WTO.
    • Even if the Government does not procure directly but mandates private parties to acquire at a price determined by the Government, as it happens in the case of sugarcane, the de minimis limit of 10% applies.

    Way forward

    • Peace clause: Although a permanent solution is nowhere in sight, the countries have agreed to a peace clause.
    • The peace clause forbids bringing legal challenges against price support-based procurement for food security purposes even if it breaches the limit on domestic support.
    • The peace clause is applicable only for programmes that were existing as of the date of the decision and are consistent with other requirements.
    • India’s procurement for rice and wheat, even if it violates the de minimis limit, will enjoy legal immunity.
    • However, India will not be able to employ the peace clause to defend procuring those crops that are not part of the food security programme (such as cotton, groundnut, sunflower seed).
    • Move from MSP to income-based support: Arguably, India can move away from price-based support in the form of MSP to income-based support, which will not be trade-distorting under the AoA provided the income support is not linked to production.
    • Supplement price-based support with income-based support: Alternatively, one can supplement price-based support (keeping the de minimis limit in mind) with an income-based support policy.

    Conclusion

    The Government needs to engage with the farmers and create an affable environment to convince them of other effective policy interventions, beyond MSP, that are fiscally prudent and WTO compatible.

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  • How lack of public data on pandemic could harm us

    Context

    Questions are being asked about India’s preparedness as the cases with the Omicron variant of the Coronavirus has been on the rise in the country.

    Where does India stand?

    [1] The Positives

    • Addressing oxygen shortage: The extreme shortages of oxygen that we saw barely six months ago will hopefully not be a feature of a third wave.
    • Vaccinated population: We have now vaccinated more than 50% of the adult population with both doses of vaccine, and approximately 85% have received one or two doses.
    • Ramping up testing to deal with a spike should not require an increase in capacity.
    • More vaccine doses: We have more vaccine doses than in May 2021 and the potential for oral antiviral therapy in the near future.

    [2] The negatives

    • Lack of data: An urgent and important one is the lack of publicly available data on the pandemic from Government sources, particularly in regard to testing, but also in terms of being able to correlate disease severity with age, prior medical conditions, locations and other variables.
    • Data from the Indian Council of Medical Research (ICMR), India’s premier medical research agency, remains inaccessible.
    • The National Centre for Disease Control (NCDC) has not responded.
    • The CoWIN data contains valuable information but it is of little value for future planning and prediction unless it can be tied to testing data and clinical information at the level of individuals.
    • ICMR data not correlated to CoWIN platform data: The Indian Council of Medical Research holds data on every COVID-19 test conducted in India.
    • However, these data are not correlated to the vaccine data in the CoWIN platform.
    • Data with States is inaccessible: Data on hospitalisations, etc. are apparently available at the State level, but seem inaccessible.

    What we can know from the data about pandemic

    • Infer the probability of reinfection: If we knew that a person had tested positive on successive tests separated by, say four months or more, with a negative test in-between, that would suggest a reinfection.
    • We could then infer the probability of such a reinfection.
    • Probability of vaccine breakthrough infection: With information about testing and vaccination status, we could compute the probability of a vaccine breakthrough event.
    • To know the efficacy of single vaccine dose: By checking to see whether the positive test happened after the first but before the second dose of vaccine, or after the second dose, the relative efficacy of such single vaccine doses at preventing disease could be derived.
    • Effect of the vaccine on disease severity: By examining symptoms reported after a vaccine breakthrough event, we could understand the extent to which vaccines reduce disease severity.
    • Impact of new variant: Add to this a layer of sequence information, and we could study the impact of new variants.

    Role of the volunteer organisation

    • The most trustworthy and granular data on cases in India have resulted from the remarkable and public-spirited work of a volunteer organisation, Covid19India.org.
    • Their work has now been taken over by several other voluntary groups, all operating on the same broad principles of data accessibility: covid19bharat.org, incovid19.org and covid19tracker.in.

    Way forward

    • Commitment towards data accessibility: We need to stress on data availability because this is the one area where a swift realignment is possible.
    • The more widely data are shared, the greater the likelihood of integration of the rapidly shifting scientific frontier with clinical practice.
    • Learning from the experience of South Africa: With the advantages of a relatively high-quality surveillance system among low- and middle-income countries (LMIC) countries, bolstered by a commitment towards transparency and data accessibility, South Africa’s rapid sharing allowed the world to prepare swiftly for the appearance of the highly mutated Omicron variant.
    • It is clear that pre-emptive decisions on vaccination and other measures could be made faster and better if more integrated data were available.

    Consider the question “Why availability and accessibility of data is important in dealing with the Covid-19 pandemic? What are the challenges facing health data accessibility in India?”

    Conclusion

    Now, more than ever before is the time for us to urgently reassess our attitude towards data for public health purposes and the role of national health agencies in sharing data, generated with public funds, with scientists in India and across the world.

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  • Extension for PM Krishi Sinchai Yojana

    The Cabinet has given its approval to extend its umbrella scheme Pradhan Mantri Krishi Sinchayee Yojana for irrigation, water supply, groundwater and watershed development projects for another five years till 2026.

    PM Krishi Sinchai Yojana

    • The PMKSY was launched on 1st July, 2015 with the motto of “Har Khet Ko Paani”.
    • It is being implemented to expand cultivated area with assured irrigation, reduce wastage of water and improve water use efficiency.

    The scheme has basically combined three active projects under various ministries which is as follows:

    1. Accelerated Irrigation Benefit Program (Ministry of Water Resources)
    2. Integrated Watershed Management Program (Ministry of Rural Development)
    3. Farm Water Management Project of the National Mission on Sustainable Agriculture

    Components of PMKSY

    PMKSY seeks to provide a complete solution to farm level irrigation and assured irrigation for every farm

    • It aims to integrate irrigation with the latest technological practices and cover more cultivable areas under assured irrigation
    • Increase the implementation of water-saving technologies and precision irrigation which in other words can be said as More Crop Per Drop.
    • PMKSY also targets the promotion of micro-irrigation in the form of sprinklers, rain-guns, drips, etc.

    Advantages of Micro Irrigation

    • Higher Profits
    • Water Saving & Water Use Efficiency (WUE)
    • Less Energy Costs
    • Higher fertilizer-use efficiency (FUE)
    • Reduced Labour Costs
    • Reduce Soli Loss
    • Marginal Solis & Water
    • Efficient & Flexible
    • Improved Crop Quality
    • Higher Yields

    Implementation of PMKSY

    • Everything from planning and execution of plans is regionalized in PMKSY.
    • District Irrigation Plans (DIPs) will identify the areas that require improved facilities in irrigation at block levels and district levels.
    • State Irrigation Plan consolidates all the DIPs and it oversees the agricultural plans developed under the Rashtriya Krishi Vikas Yojana.

    Funding pattern

    • Funds will be allocated by the centre only if the state has prepared the district irrigation plans and the state irrigation plans.
    • The state government’s share under PMKSY is 25% and rest is borne by the centre, with an exception for north-eastern states where contribution by the state government is 10%.

     

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  • WTO rules against India’s Sugar Subsidies

    A World Trade Organization panel ruled that India violated international trade rules when it offered excessive subsidies for the production and export of sugar and sugarcane.

    What did WTO say?

    • Under WTO rules, India’s sugar subsidies are capped at a de minimis limit of 10% of the value of production.
    • India’s policies were inconsistent with WTO rules that govern the levels at which nations can subsidize domestic agricultural production.
    • WTO has asked it to withdraw its prohibited subsidies under the Production Assistance, the Buffer Stock, and the Marketing and Transportation Schemes within 120 days.

    What was the complaint against India?

    Australia, Brazil, and Guatemala said India’s domestic support and export subsidy measures appeared to be inconsistent with various articles against WTO’s:

    1. Agreement on Agriculture
    2. Agreement on Subsidies and Countervailing Measures (SCM)
    3. Article XVI (which concerns subsidies) of the General Agreement on Trade and Tariffs (GATT)
    • Domestic Support: All three countries complained that India provides domestic support to sugarcane producers that exceed the de minimis level of 10% of the total value of sugarcane production.
    • Various subsidies: They also raised the issue of India’s alleged export subsidies, subsidies under the production assistance and buffer stock schemes, and the marketing and transportation scheme.
    • Notifying support: Australia accused India of “failing” to notify its annual domestic support for sugarcane and sugar subsequent to 1995-96, and its export subsidies since 2009-10.

    India’s reply to WTO panel

    • India rejected the panel’s findings as “erroneous”, “unreasoned”, and “not supported by the WTO rules”.
    • It argued that the requirements of Article 3 of the SCM Agreement are not yet applicable to India.
    • It has a phase-out period of 8 years to eliminate export subsidies under the agreement.
    • India also argued that its mandatory minimum prices are not paid by the governments but by sugar mills, and hence do not constitute market price support.

    Must read:

    Sugarcane Pricing in India

     

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  • [pib] Chalcolithic sites in news: Eran and Tewar

    The Chalcolithic cultures of Central India are adequately investigated and studied informed the Ministry of Culture in particular reference to the sites of Eran and Tewar.

    Major sites in Central India

    [1] Eran (Dist. Sagar, MP )

    • Eran (ancient Airikina) is situated on the left bank of the Bina (ancient Venva) river and surrounded by it on three sides.
    • The recent excavation has unearthed a variety of antiquities including a copper coin, an iron arrowhead, terracotta bead, stone beads along with copper coins, stone celt, beads of steatite and jasper, etc.
    • The occurrence of few specimens of plain, thin grey ware is noteworthy.
    • The use of iron was evidenced by few metallic objects at the site.

    [2] Tewar (Dist. Jabalpur, MP)

    • Tewar (Tripuri) village is located 12 km west of Jabalpur district on Jabalpur – Bhopal highway.
    • This excavation did not reach the natural soil and revealed four folds of cultural sequences i.e. Kushana, Shunga, Satvahana, and Kalachuri.
    • Antiquarian remains in this excavation include viz remains of sculptures, hopscotch, terracotta balls, Iron nails, copper coins, terracotta beads, implements of Iron and terracotta figurine, ceramics red ware etc.
    • It also revealed structural remains consist of brick wall and structure of sandstone columns.

    Back2Basics: Chalcolithic Culture in India

    • A completely different kind of culture known as Chalcolithic Culture was developed in central India and Deccan region by the end of the Neolithic period.
    • It is characterized by the use of both stone and bronze implements.

    Major Chalcolithic complexes in India

    1. Ahar culture c. 2,800-1,500 B.C.
    2. Kayatha culture c. 2,450-700 B.C.
    3. Malwa culture c. 1,900-1,400 B.C.
    4. Savalda culture c. 2,300-2,000 B.C.
    5. Jorwe culture c. 1,500 -900 B.C.
    6. Prabhas culture c. 2,000-1,400 B.C.
    7. Rangpur culture c. 1,700-1,400 B.C.

    Important features

    • The people of Chalcolithic culture had used unique painted earthenware usually black-on-red.
    • The use of copper and bronze tools also evidenced on a limited scale.
    • The economy was largely based on subsistence agriculture, stock-raising, hunting, and fishing.
    • They, however, never reached the level of urbanization in spite they were using metal.
    • They were contemporary of the Harappan culture, but some other were of later Harappan age.

    Their locations

    • The centers of Chalcolithic cultures flourished in semi-arid regions of Rajasthan, Madhya Pradesh, Gujarat, and Maharashtra.
    • The settlements of Kayatha culture were mostly located on the Chambal River and its tributaries.
    • The settlements of Malwa culture are mostly located on the Narmada and its tributaries.
    • The three best known settlements of Malwa culture are at Navdatoli, Eran, and Nagada.
    • Navdatoli was one of the largest Chalcolithic settlements in the country spread in almost 10 hectares.
    • The settlements of Rangpur culture are located mostly on Ghelo and Kalubhar rivers in Gujarat.
    • More than 200 settlements of Jorwe culture are known. Greater numbers of these settlements are found in Maharashtra.
    • The best known settlements of Jorwe culture are Prakash, Daimabad, and Inamgaon. Daimabad was the largest one that measured almost 20 hectares.

    Development of Agriculture

    • They cultivated both Kharif and Rabi crops in rotation and also raised cattle with it.
    • They cultivated wheat and barley in Malwa region. Rice was cultivated in Inamgaon and Ahar.
    • They also cultivated jowar, bajra, kulth, ragi, green peas, lentil, and green and black grams.
    • Largely, the Chalcolithic cultures flourished in the black cotton soil zone.

    Trade and Commerce

    • The Chalcolithic communities traded and exchanged materials with other contemporary communities.
    • A large settlement serves as the major centers of trade and exchange.
    • Some of them were Ahar, Gilund, Nagada, Navdatoli, Eran, Prabhas, Rangpur, Prakash, Daimabad, and Inamgaon.
    • The Ahar people settled close to the copper source and were used to supply copper tools and objects to other contemporary communities in Malwa and Gujarat.
    • Identical marks embedded on most of the copper axes found in Malwa, Jorwe, and Prabhas cultures that might indicate that it may be the trademarks of the smiths who made them.
    • It is found that Conch shell for bangles was traded from the Saurashtra coast to various other parts of the Chalcolithic regions.
    • Gold and ivory come to Jorwe people from Tekkalkotta in Karnataka and semiprecious stones may have been traded to various parts from Rajpipla in Gujarat.
    • Wheeled bullock carts were used for long distance trade, besides the river transport. The drawings of wheeled bullock carts have been found on pots.

    Try this PYQ from CSP 2019. It is dicey, but you cannot escape such questions.

    Q. Which one of the following is not a Harappan site?

    (a) Chanhudaro

    (b) Kot Diji

    (c) Sohgaura

    (d) Desalpur

     

    [wpdiscuz-feedback id=”meqr233gpf” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

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  • Conflation between duties and rights

    Context

    There has been growing advocacy for the integration of duty with rights. On Constitution Day last month, many Union Ministers used the occasion to underline this proposal.

    What do rights come with duty mean?

    • It is a basic proposition that all rights come with duties.
    • But those duties are quite distinct from the meaning ascribed to them in the popular discourse.
    • When a person holds a right, she is owed an obligation by a duty-bearer.
    • For example, when citizens are promised a right against discrimination, the government is obliged to ensure that it treats everybody with equal care and concern.
    • Similarly, the guarantee of a right to freedom of speech enjoins the state to refrain from interfering with that liberty.

    Integrating rights with duties

    • Proponents of integration of duty with rights aim to treat otherwise non-binding obligations — the “fundamental duties” as Article 51A describes them on a par with, if not superior to, the various fundamental rights that the Constitution guarantees.
    • In an inversion of the well-known dictum, they see duties, and not rights, as trumps.
    • On Constitution Day last month, many Union Ministers used the occasion to underline this proposal.
    • The government puts forward an idea that our rights ought to be made conditional on the performance of a set of extraneous obligations.

    Issues with the proposal

    • This suggestion is plainly in the teeth of the Constitution’s text, language, and history.
    • To the framers of the Constitution, the very idea of deliberating over whether these rights ought to be provisional, and on whether these rights ought to be made subject to the performance of some alien duty, was against the republic’s vision.
    • Imposing duties a legislative prerogative: The Constitution’s framers saw the placing of mandates on individual responsibilities as nothing more than a legislative prerogative.
    • For example, the legislature could impose a duty on individuals to pay a tax on their income, and this duty could be enforced in a variety of ways.
    • If the tax imposed and the sanctions prescribed were reasonable, the obligations placed on the citizen will be constitutionally valid.
    • In this manner, Parliament and the State legislatures have imposed a plethora of duties — duties to care for the elderly and for children; duties to pay tolls and levies; duties against causing harm to others; duties to treat the environment with care, the list is endless.
    • Against Constitution: What is critical, though, is that these laws cannot make a person’s fundamental right contingent on the performance of a duty that they impose.
    • A legislation that does so will violate the Constitution.

    Background

    • The fundamental duties that are now contained in Article 51A were introduced through the 42nd constitutional amendment.
    • The Swaran Singh Committee, which was set up during the Emergency, and which recommended the insertion of the clause, also suggested that a failure to comply with a duty ought to result in punishment.
    • Ultimately, the amendment was introduced after the binding nature of the clause was removed.
    • In its finally adopted form, Article 51A encouraged citizens to perform several duties.

    Way forward

    • Know the precise nature of duties the rights create: The philosopher Onora O’Neill has argued with some force that we would do well to discuss the precise nature of duties that rights create.
    • Unless we do so, our charters of human rights may not by themselves be enough.
    • For example, we may want to ask ourselves if the promise of a right to free expression imposes on the state something more than a duty to forebear from making an unwarranted restriction on that liberty.
    •  Does it require the state to also work towards creating an equal society where each person finds herself in a position to express herself freely?

    Consider the question “How fundamental duties are related to the fundamental rights in the context of the Indian Constitution? What are the issues with making the enforcement of rights contingent on adhering to the duties?”

    Conclusion

    When we speak about the importance of obligations, it is these questions that must animate our discussions. Should we instead allow the language of fundamental duties to subsume our political debates, we would only be placing in jeopardy the moral principles at the heart of India’s republic.

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  • Cabinet clears push to raise marriage age of women from 18 to 21

    The proposal to raise the minimum age of marriage for women from 18 to 21 was cleared by the Union Cabinet based on the recommendations of a task force headed by Jaya Jaitley.

    Minimum Age for Marriage in India

    • Personal laws of various religions that deal with marriage have their own standards, often reflecting custom.
    • For Hindus, The Hindu Marriage Act, 1955 sets 18 years as the minimum age for the bride and 21 years as the minimum age for the groom.
    • In Islam, the marriage of a minor who has attained puberty is considered valid.
    • Now, the govt will have to amend the Prohibition of Child Marriage Act, 2006, the Special Marriage Act and personal laws such as the Hindu Marriage Act, 1955.

    Reasons behind the decision

    • Gender-neutrality: With this decision, the government will be bringing the age of marriage for both men and women at par.
    • Motherhood complexities: An early age of marriage, and consequent early pregnancies, also have impacts on nutritional levels of mothers and their children, and their overall health and mental wellbeing.
    • Mother and Child Mortality: It also has an impact on Infant Mortality Rate and Maternal Mortality Rate.
    • Women empowerment: The decision would empower women who are cut off from access to education and livelihood due to an early marriage.
    • Protection from abuse: This will essentially outlaw premature girls marriages and prevent the abuse of minors.

    What is the Jaya Jaitly Committee?

    • In June 2020, the Ministry of WCD set up a task force to look into the correlation between the age of marriage with issues of women’s nutrition, prevalence of anemia, IMR, MMR and other social indices.
    • The committee was to look at the feasibility of increasing the age of marriage and its implication on women and child health, as well as how to increase access to education for women.

    Key recommendations

    • The committee has recommended the age of marriage be increased to 21 years, on the basis of feedback they received from young adults from 16 universities across the country.
    • The committee also asked the government to look into increasing access to schools and colleges for girls, including their transportation to these institutes from far-flung areas.
    • Skill and business training has also been recommended, as has sex education in schools.
    • The committee said these deliveries must come first, as, unless they are implemented and women are empowered, the law will not be as effective.

    Criticism of the move

    • Illegal marriages: Such legislation would push a large portion of the population into illegal marriages leading to non-institutional births.
    • Ineffectiveness of existing laws: Decrease in child marriages has not been because of the existing law but because of an increase in girls’ education and employment opportunities.
    • Unnecessary coercion: The law would end up being coercive, and in particular negatively impact marginalized communities, such as the Scheduled Caste and Scheduled Tribes, making them law-breakers.

     

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