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  • Clamour for death penalty for R G Kar convict is self-defeating

    Why in the News?

    A Kolkata court sentenced Sanjay Roy to life imprisonment for the rape and murder of a 31-year-old doctor in August 2024, despite widespread public demand for the death penalty.

    What are the current statistics around the Death Penalty in India?

    • As of the Annual Statistics Report 2023, 561 prisoners are under a sentence of death in India.
    • Despite the significant number of death sentences, India sees more than 31,000 reported rape cases annually, indicating a mismatch between the deterrent effect of capital punishment and the reality of crime rates.
    • The death penalty in India is often seen as disproportionately applied to the poor and marginalized sections of society.

    What are the key arguments around the Death Penalty (For/Against)?

    The arguments in favour of the death Penalty:

    • Retribution and Justice: Supporters argue that the death penalty serves as a just punishment for the “rarest of rare” cases, especially for heinous crimes like rape and murder. The desire for justice for victims and their families, including a sense of closure, is often emphasized.
    • Deterrence: Some proponents believe that the death penalty deters heinous crimes, particularly acts of violence like murder and rape, by instilling fear of the ultimate punishment.
    • Public Sentiment: In the case of particularly gruesome crimes, public outcry demands strong actions like the death penalty, seeing it as a symbol of societal moral condemnation.

    The arguments against the death penalty:

    • Moral and Existential Arguments: The death penalty is viewed as an act of violence, and critics argue that one form of violence cannot be justified as a solution for other forms of violence. It is considered inhumane and degrading by organizations like Amnesty International.
    • Ineffectiveness as a Deterrent: Studies from countries that have abolished the death penalty (e.g., Denmark, Norway, the Netherlands) show no significant rise in crime rates, indicating that the death penalty does not effectively deter crime more than life imprisonment or other punishments.
    • Disproportionate Application: The death penalty is disproportionately applied to the poor, marginalized, and downtrodden, as opposed to affluent or powerful individuals, raising concerns about systemic injustice.
    • Diverts Focus from Structural Issues: Instead of focusing on capital punishment, critics argue the real issue lies in the cultural normalization of violence and toxic masculinity, which drives crimes like rape and murder. Emphasis should be on education, socialization, and cultural transformation.

    What are the key reforms and guidelines established after the Bachan Singh v. State of Punjab Case?

    • Rarest of Rare Doctrine: The Supreme Court, in Bachan Singh v. State of Punjab, ruled that the death penalty should only be imposed in the “rarest of rare” cases. This ruling set a framework for judicial discretion in sentencing, ensuring that the death penalty is applied only in cases where the crime is so grave that life imprisonment would not suffice.
    • Guidelines for Sentencing: The court sets guidelines to determine whether a crime warrants the death penalty, including the nature of the crime, the circumstances, and whether the accused is beyond reform or rehabilitation. It emphasized considering the “mitigating factors,” such as the background of the accused.
    • Judicial Review: The ruling clarified that the death sentence must be subject to judicial review and that higher courts must ensure that the death penalty is only handed out after thorough deliberation on all aspects of the case.
    • Focus on Rehabilitation: The case pointed towards the importance of rehabilitation, requiring courts to assess the potential for the accused to reform before considering a death sentence.

    Way forward: 

    • Strengthening Judicial Scrutiny and Transparency: To ensure the death penalty is applied fairly and consistently, there should be enhanced judicial oversight which includes a thorough review of sentencing decisions at multiple levels.
      • This could involve greater emphasis on mitigating factors and the potential for rehabilitation, ensuring that capital punishment is reserved for the “rarest of rare” cases.
    • Focus on Preventive Measures and Social Reform: Rather than relying solely on the death penalty, efforts should be redirected toward addressing the root causes of heinous crimes.
      • This includes tackling societal issues such as gender inequality, toxic masculinity, and cultural normalization of violence, while investing in education, social reform, and stronger support systems for survivors of violence.

    Mains PYQ:

    Q Instances of President’s delay in commuting death sentences has come under public debate as denial of justice. Should there be a time specified for the President to accept/rejectsuch petitions? Analyse. (UPSC IAS/2014)

  • Foundational values, the journey of the Indian state

    Why in the News?

    As we mark 75 years since the Constitution of India came into effect, it’s important to look back and assess how the country has followed its core values before deciding the way forward.

    What are the foundational values that define the Indian state?

    • Sovereignty, Democracy, and Republic: The Constitution of India guarantees the sovereignty of the nation and democratic governance by the people through elected representatives.
    • Liberty, Equality, and Fraternity: These values are enshrined in the Preamble and reflect the commitment to social democracy.
    • Justice: Social, economic, and political justice is emphasized to create an inclusive society.
    • Federalism: Though not explicitly mentioned, federalism underpins the constitutional framework, balancing powers between the Union and States.
    • Secularism: Ensures the separation of religion and state, guaranteeing religious freedom and equality.
    • Rule of Law: Establishes the supremacy of the Constitution and equality before the law.
    • Unity in Diversity: Encourages harmony and fraternity among diverse cultural, linguistic, and regional groups.

    How have recent legislative and political changes impacted India’s commitment to these values?

    • Secularism: India’s constitutional commitment to secularism has been challenged by the laws related to religious identity.
      • The Citizenship Amendment Act (CAA), 2019, which provides citizenship to persecuted religious minorities from neighboring countries but excludes Muslims, has raised concerns about violating Article 14 (Right to Equality) and the secular ethos of the Constitution.
    • Social Justice: The push for affirmative action through reservations continues, but new measures have sparked debates about inclusivity.
      • The introduction of the Economically Weaker Sections (EWS) reservation (103rd Constitutional Amendment) raised debates over its exclusion of marginalized communities already under the SC/ST/OBC reservation framework, potentially diluting the focus on caste-based historical injustices.
    • Federalism: Legislative changes have altered the balance between the Union and states, raising concerns about cooperative federalism.
      • The abrogation of Article 370 in Jammu and Kashmir and its reorganization into Union Territories in 2019 was criticized for bypassing the state legislature, raising questions about federalism under Article 1 and Article 370.
    • Freedom of Speech and Expression: Political changes have led to an environment where dissent and criticism of the government are often met with punitive action.
      • The use of sedition laws under Section 124A of the IPC and the Unlawful Activities (Prevention) Act (UAPA) against journalists and activists has raised concerns about stifling democratic dissent.
    • Inclusive Development: Legislative efforts to boost development have sometimes led to neglect of environmental sustainability and marginalized communities.
      • The Forest Rights Act (FRA), 2006, intended to protect the rights of tribal communities, has faced dilution through recent amendments to environmental laws, prioritizing infrastructure over community rights.
    • Equality and Gender Justice: Legislative progress has been seen, but gaps remain in implementation.
      • The Criminal Law (Amendment) Act, 2018, which introduced stringent punishment for crimes against women, shows legislative intent. However, underreporting and delayed justice continue to challenge gender equality.

    What steps can be taken to reinforce India’s foundational values moving forward? (Way forward)

    • Strengthening Judicial Oversight and Constitutional Safeguards: To reinforce India’s foundational values, it is essential to strengthen the role of the judiciary in safeguarding constitutional rights to ensure that laws and policies align with the principles of equality, secularism, and justice.
    • Inclusive and Transparent Policy Making: Policies should be designed to foster inclusive development, ensuring that marginalized communities are not left behind.
    • Strengthening Inclusive Governance and Social Justice: Ensure that affirmative action policies, including reservations, are consistently aligned with the principle of social justice, addressing the historical and contemporary needs of marginalized communities.
    • Promoting Secularism and Protecting Fundamental Rights: Strengthen and uphold the secular fabric of the nation by ensuring that laws and policies respect religious diversity and equality, in line with the Constitution’s guarantees.

    Mains PYQ:

    Q What was held in the Coelho case? In this context, can you say that judicial review is of key importance amongst the basic features of the Constitution? (UPSC IAS/2016)

  • A grey birthday for the Election Commission of India

    Why in the News?

    January 25 is the 75th anniversary of the Election Commission of India, celebrated as ‘National Voters Day’ to recognize its role in protecting democracy and ensuring fair elections in India.

    What are the current challenges facing the ECI?

    The Election Commission of India (ECI) is currently facing significant challenges that threaten its credibility and effectiveness:

    • Electoral Roll Manipulation: Allegations of mass enrolment of dubious voters have emerged, particularly highlighted during the Maharashtra State elections, where the ECI enrolled 9.7 crore voters despite an estimated adult population of only 9.54 crore. This discrepancy raises concerns about potential government interference in electoral processes.
    • Verification Issues: Questions regarding the verification of new voters have surfaced, especially with a reported 48 lakh new registrations occurring in just six months. The legitimacy of these voters and whether proper verification processes were followed remain unaddressed.
    • Public Trust: The ECI’s perceived lack of transparency and responsiveness to these concerns has led to a decline in public trust. Critics argue that the commission has been dismissive of legitimate inquiries regarding electoral integrity, which undermines its authority.

    How has the role of the Election Commission evolved over time?

    • Established in 1950, the ECI was designed to ensure free and fair elections in India, independent from governmental influence.
      • Founding leaders like Dr. B.R. Ambedkar emphasized the importance of an autonomous body for maintaining electoral integrity.
    • Technological Advancements: The ECI has adapted to technological changes by implementing electronic voting machines (EVMs) and online voter registration systems, aiming to streamline the electoral process and enhance voter participation.
    • Voter Education Initiatives: The commission has increasingly focused on voter education and awareness campaigns, particularly through National Voters’ Day celebrations, which aim to engage young voters and promote democratic values.

    What reforms are necessary to strengthen the EC’s authority and public trust?

    To enhance its effectiveness and restore public confidence, several reforms are necessary:

    • Biometric Verification: Implementing Aadhaar-based biometric verification for voter registration could help eliminate ghost voters and ensure that only eligible citizens are enrolled. This would strengthen the integrity of electoral rolls.
    • Transparency Measures: The ECI should adopt greater transparency by publicly releasing data related to voter enrolment and verification processes. This would address concerns about electoral roll manipulation and build trust among citizens.
    • Strengthening Legal Framework: Revising existing laws to provide the ECI with more robust powers to oversee and enforce electoral integrity could prevent interference from political entities and ensure fair elections.

    Conclusion: The ECI should establish robust mechanisms for public scrutiny by releasing detailed voter enrolment and verification data, coupled with regular audits, to rebuild trust and ensure accountability.

    Mains PYQ:

    Q Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct. (UPSC IAS/2022)

  • Union cabinet extends National Health Mission for another 5 years

    Why in the News?

    The Union Cabinet has approved the extension of the National Health Mission (NHM) for an additional five years(2025 to 2030).

    What are the new Components of the NHM and initiatives launched?

    • Digital Health Initiatives: The U-WIN platform was launched in January 2023 to improve vaccination tracking for pregnant women, infants, and children, expanding to 65 districts across 36 states/UTs by the end of FY 2023-24.
    • Expanded Healthcare Programs: NHM has overseen the launch of initiatives such as the National Sickle Cell Anaemia Elimination Mission and the Measles-Rubella Elimination Campaign, enhancing disease control efforts.
    • Strengthening Human Resources: The NHM has focused on increasing healthcare personnel, engaging over 1.2 million additional healthcare workers across various roles since its last extension.

    What are the key achievements of the National Health Mission during its previous tenure?

    • Reduction in Maternal and Child Mortality:
      • Maternal Mortality Ratio (MMR): Declined from 130 per lakh live births in 2014-16 to 97 per lakh in 2018-20 (25% reduction).
      • Under-5 Mortality Rate: Decreased from 45 per 1,000 live births in 2014 to 32 in 2020 (75% decline).
      • Infant Mortality Rate (IMR): Reduced from 39 per 1,000 live births in 2014 to 28 in 2020. India is on track to achieve the SDG targets for maternal, child, and infant mortality before 2030.
    • Healthcare Workforce Expansion: The NHM facilitated the engagement of approximately 2.69 lakh additional healthcare workers in 2021-22 alone, contributing to improved healthcare delivery.
    • Disease Control Improvements: Enhanced surveillance and control measures for diseases like tuberculosis have led to a decrease in incidence rates, contributing to overall public health improvements.

    What are the financial implications and commitments associated with the NHM’s extension?

    • Budgetary Allocation and Funding Structure: The National Health Mission (NHM) continues based on recommendations from the Expenditure Finance Committee (EFC) and fixed spending limits. While the mission has been extended, its budget is reviewed regularly to ensure efficient use of resources.
      • For funding, most states share costs with the central government in a 60:40 ratio, while northeastern and hilly states follow a 90:10 pattern. This setup ensures states have enough funds to implement health programs effectively.
    • Performance-Based Funding: The NHM rewards states with additional funds for improving key health outcomes like maternal and child health. This encourages states to enhance their healthcare systems.
      • Local committees, such as Rogi Kalyan Samitis (RKS), also receive untied funds, giving them the flexibility to directly address patient needs and improve services.
    • Commitment to Health Targets: By 2025, the NHM aimed to achieve specific health goals, including reducing the Maternal Mortality Ratio (MMR) to 90, the Infant Mortality Rate (IMR) to 23, and the Under-5 Mortality Rate (U5MR) to 23. Achieving these targets will require consistent investment in health infrastructure, workforce training, and community programs.
      • The government is also focused on tackling broader factors affecting health, such as nutrition and disease prevention while improving access to healthcare for disadvantaged groups.

    What are the challenges? 

    • Infrastructure Deficiencies: Many Primary Health Centres (PHCs) lack essential diagnostic tools, medical equipment, and sanitation facilities. PHCs in remote areas of Bihar and Uttar Pradesh often face electricity and water supply shortages, limiting their ability to deliver quality care.
    • Shortage and Distribution of Healthcare Workforce: Despite adding 1.2 million healthcare workers, there remains a shortage of specialists such as gynaecologists, anaesthetists, and paediatricians in rural areas. Rajasthan and Madhya Pradesh struggle to staff CHCs with specialized doctors.
    • Financial Constraints and Inefficient Fund Utilization: Delays in fund disbursement and underutilization of allocated budgets hinder the implementation of key initiatives. Northeastern states like Nagaland and Manipur faced challenges in utilizing NHM funds due to inadequate financial planning and monitoring mechanisms.

    Way forward: 

    • Infrastructure and Workforce Enhancement: Strengthen PHC and CHC infrastructure with essential facilities and ensure equitable distribution of healthcare specialists through targeted incentives, training, and deployment programs in underserved areas.
    • Efficient Fund Utilization: Streamline fund disbursement processes, enhance financial planning, and implement robust monitoring mechanisms to ensure optimal use of allocated budgets, particularly in resource-constrained regions.

    Mains PYQ:

    Q “Besides being a moral imperative of a Welfare State, primary health structure is a necessary precondition for sustainable development.” Analyse. (UPSC IAS/2021)

  • [pib] Sukanya Samriddhi Yojana

    Why in the News?

    Sukanya Samriddhi Yojana (SSY) has completed 10 years on January 22, 2025. As of November 2024, over 4.1 crore SSY accounts have been opened, highlighting the scheme’s success and its role in fostering inclusivity and progress.

    About Sukanya Samriddhi Yojana (SSY):

    • Launched on January 22, 2015, under Beti Bachao, Beti Padhao Campaign.
    • It is a small deposit scheme by the Ministry of Finance for a girl child
    • Over 4.1 crore accounts opened as of November 2024.
    • Aims and Objectives:
      • To meet the education and marriage expenses of a girl child.
      • Promote financial independence and secure futures for girl children.

    Criteria and Provisions:

    • Eligibility: For girl children under 10 years; max 2 accounts per family (exceptions for twins/triplets).
    • Deposits: Minimum: ₹250; Maximum: ₹1.5 lakh annually; deposits for 15 years.
    • Withdrawals:
      • Partial: Up to 50% after age 18 or completion of 10th standard for education.
      • Full: Allowed for marriage (minimum age 18).
    • Interest Calculation: Monthly on the lowest balance; credited annually.
    • Premature Closure: Allowed for medical emergencies or death of guardian.
    • Interest: ate of interest 9.2% Per Annum (wef 1-4-2015), calculated on yearly basis, yearly compounded.
    • Tax Benefits: Quarterly rates compounded annually; investments and returns are tax-free under Section 80C.

    Structural Mandate and Implementation

    • Managed by guardian till age 18; account matures in 21 years.
    • Can be opened/transferred at post offices or banks.
    • Early closure for marriage requires proof of age and marriage documents.

    PYQ:

    [2014] What is/are the facility/facilities the beneficiaries can get from the services of Business Correspondent (Bank Saathi) in branchless areas?

    1. It enables the beneficiaries to draw their subsidies and social security benefits in their villages.
    2. It enables the beneficiaries in the rural areas to make deposits and withdrawals.

    Select the correct answer using the code given below:

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

  • Why Neutral Expert’s decision on Indus Water Treaty is a win for India?

    Why in the News?

    A neutral expert appointed by the World Bank has supported India’s stance on how to resolve disputes with Pakistan over the Kishanganga and Ratle hydroelectric projects.

    What are the key features of the Indus Water Treaty?

    The IWT was signed on September 19, 1960, by Indian Prime Minister Jawaharlal Nehru and Pakistani President Ayub Khan, with the aim of regulating the use of water from the Indus River and its tributaries between India and Pakistan after extensive negotiations facilitated by the World Bank.

    • Permanent Sharing of Water: The IWT ensures a clear division of water resources, allowing peaceful coexistence of water usage.
    • Run-of-the-River Projects: India is allowed to build hydroelectric power projects on the Western Rivers, provided they do not obstruct natural river flows.
    • Role of the World Bank: As a mediator, the World Bank facilitates the appointment of experts or arbitral bodies in case of disputes.
    • Modification Provisions: Article XII (3) allows amendments to the Treaty through mutual consent.

    What are the Disputes around the Indus Water Treaty?

    • Run-of-the-River Projects: India’s construction of run-of-the-river hydroelectric projects, such as Kishanganga (a tributary of Jhelum) and Ratle (on the Chenab) has faced objections from Pakistan. Pakistan claims these projects could disrupt downstream water flow and utilisation, while India asserts they comply with the provisions of the Indus Waters Treaty (IWT).
    • Dispute Resolution Mechanism: Pakistan sought arbitration at the Permanent Court of Arbitration (PCA), but India contested its jurisdiction and emphasised using the Neutral Expert process as outlined in the treaty. India views this process as a treaty-compliant method for resolving technical differences:
      • Whether the pondage capacity of the two dams follows the limits set by the Indus Waters Treaty (IWT).
      • Whether the turbine intakes in the design comply with the rules of the IWT.
      • Whether the outlets below the dead storage level meet the IWT guidelines.
      • Whether the gated spillway designs of each plant align with the IWT provisions.
    • Trust Deficit: The lack of trust and strained relations between India and Pakistan undermines effective cooperation under the IWT. This atmosphere of distrust restricts constructive dialogue and hinders the timely resolution of disputes, affecting the treaty’s overall effectiveness.
    • Climate Change Impacts: Changing precipitation patterns and altered runoff due to climate change challenge the treaty’s assumption of fixed water availability. The IWT does not account for these uncertainties, increasing the risk to water-sharing agreements.
    • Evolving Needs: The treaty’s framework does not address the rising industrial and agricultural demands of both countries. Growing population and economic activities highlight the need for flexible mechanisms to ensure equitable and sustainable resource sharing in the future.

    How does the present decision highlight favourable implications on the Indian part?

    • Vindication of India’s Position: The Neutral Expert, Michel Lino, upheld India’s stand that the disputes over the Kishenganga and Ratle HEPs fall under his jurisdiction, as per Annexure F, Part I of the IWT. This challenges Pakistan’s attempt to bypass the Neutral Expert process and proceed directly to the PCA.
    • Preservation of Treaty Provisions: India’s participation in the Neutral Expert proceedings demonstrates its adherence to “Treaty-consistent mechanisms” while boycotting PCA proceedings that it considers beyond the IWT framework.
    • Recognition of India’s Hydroelectric Rights: The ruling supports India’s right to construct run-of-the-river projects within the provisions of the Treaty, boosting its ability to harness renewable energy from the Western Rivers.
    • Strengthening India’s Diplomatic Stance: The decision highlights Pakistan’s lack of adherence to the Treaty’s dispute resolution process, strengthening India’s argument for Treaty modification.
    • Potential for Treaty Revision: India’s formal notices in 2023 and 2024 to review and modify the Treaty gain momentum, emphasising the need to address demographic changes, clean energy goals, environmental concerns, and the impact of cross-border terrorism.

    Way forward: 

    • Revise the Indus Waters Treaty Framework: Advocate for Treaty modifications to address evolving needs like climate change impacts, rising industrial and agricultural demands, and demographic shifts, ensuring equitable and sustainable water-sharing mechanisms.
    • Strengthen Dispute Resolution Mechanisms: Promote adherence to Treaty-sanctioned processes like the Neutral Expert mechanism, fostering trust, cooperation, and timely resolution of technical disagreements while upholding India’s hydroelectric and clean energy rights.

    Mains PYQ:

    Q Present an account of the Indus Water Treaty and examine its ecological, economic and political implications in the context of changing bilateral relations. (UPSC IAS/2016)

  • [22nd January 2025] The Hindu Op-ed: Trump 2.0 as disruptor of the global legal order

    PYQ Relevance:

    Q) The broader aims and objectives of WTO are to manage and promote international trade in the era of globalization. But the Doha round of negotiations seem doomed due to differences between the developed and the developing countries.” Discuss in the Indian perspective. (UPSC CSE 2016)

    Mentor’s Comment: UPSC mains have always focused on various international fora in the context of geopolitics (2022), and Stability in the Indo-Pacific region (2020).

    While Trump’s bombastic style may be aimed at negotiating better deals, his administration’s approach could undermine established global alliances and institutions, raising concerns about the future of international cooperation. This approach may also embolden countries like China and Russia to pursue more aggressive territorial ambitions.

    Today’s editorial discusses the potential consequences of Donald Trump’s second term on international relations and global governance. This content can be used to present tussle between developed and developing countries in your mains answers based on the issues related to the global governance and multilateral stage.

    _

    Let’s learn!

    Why in the News?

    US President Donald Trump has warned that BRICS countries will face 100% tariffs if they attempt to reduce their reliance on the US dollar for trade. He stated that any such efforts would not be tolerated and emphasized that this is a firm position, not just a threat.

    What are the main points of Trump’s warning to BRICS nations?

    • 100% Tariffs: Trump threatened to impose 100% tariffs on BRICS countries (including India), if they attempt to reduce the use of the US dollar in international trade. He emphasized that even contemplating such actions would trigger these tariffs.
    • Economic Leverage: Trump asserted that the United States holds significant leverage over BRICS nations and dismissed claims that they have the upper hand. He stated, “We have them over a barrel,” indicating that the US would not tolerate any moves towards de-dollarization”.
    • Commitment Against New Currency: Trump has previously demanded a commitment from BRICS countries not to create or support a new currency that could replace the US dollar. He has warned that failure to comply would result in severe economic consequences, including exclusion from the US market.
      • The warning is a direct response to ongoing discussions among BRICS nations about reducing dollar dependence, particularly led by countries like Russia and China.

    What is de-dollarization and why is it significant?

    De-dollarization is the process of reducing reliance on the US dollar for international trade and finance. Countries aim to use other currencies instead of the dollar for transactions and reserves.

    Why is it Significant?

    • Economic Independence: Countries want to avoid risks from US economic policies and sanctions.
    • New Trade Opportunities: It allows nations to trade more freely with each other without using the dollar.
    • Response to Geopolitical Tensions: Many countries are looking for alternatives due to conflicts with the US.
    • Emerging Financial Systems: This shift could lead to new global financial systems that lessen the dollar’s dominance.
    USA Scenario under the Trump 1.0 Period:

    • Although the U.S. has influenced areas like climate change, human rights, and trade law, it faces criticism for violating the very norms it helped create. This duality has led to a decline in U.S. influence and credibility in international affairs. 
    • During his first term, Donald Trump adopted a “sovereigntist” approach to international law, prioritizing American sovereignty over multilateral agreements. This led to significant withdrawals from key treaties and organizations, such as the Paris Agreement on climate change and the Trans-Pacific Partnership, as well as blocking appointments to the WTO’s dispute resolution body.
    • The U.S. has also withdrawn from several international institutions such as UNESCO, and attempted to withdraw from the WHO.
    • Critics argue that this undermines both U.S. global standing and the effectiveness of international law itself, calling for greater engagement with these legal frameworks to restore U.S. leadership on the world stage.

    Present Onslaught:

    • Potential Withdrawal from Multilateral Institutions: Trump’s return to the White House may lead to renewed disengagement from multilateral organizations, similar to his first term, with immediate plans to withdraw from the WHO and the Paris Agreement.
    • Unilateral Trade Policies: Trump has proposed a 25% tariff on imports from Canada and Mexico, indicating a continuation of protectionist measures that could violate WTO rules and escalate trade wars.
    • Revival of Conquest Mentality: Donald Trump has expressed intentions to annex Greenland, reclaim the Panama Canal, and potentially include Canada as the 51st state, suggesting he may use coercive methods to achieve these goals.  These ambitions reflect a historical approach to territorial acquisition reminiscent of earlier eras of conquest, which could encourage other nations like China and Russia to pursue similar territorial claims.

    How will Trump’s 2.0 approach redefine U.S. foreign policy and its impact on BRICS?

    • Shift to Expansionism: Trump’s “America First” philosophy is evolving from isolationism to expansionism, which may lead to more aggressive U.S. actions on the global stage, including potential territorial ambitions and unilateral policies that challenge existing international norms.
    • Increased Trade Tensions: His administration plans to impose substantial tariffs on key trading partners which could escalate trade wars and disrupt global trade dynamics, affecting BRICS countries that engage with the U.S.
    • Diminished Multilateral Engagement: Trump is expected to withdraw from or disengage from various multilateral institutions and agreements, undermining the normative authority of these bodies and potentially leading to a less cooperative international environment.
    • Impact on Global Alliances: The shift in U.S. foreign policy may embolden countries like China and Russia within the BRICS framework, as they could exploit the perceived vacuum left by U.S. disengagement from traditional alliances.

    What are the implications of Trump’s domestic policies on civil liberties and social issues?

    • Increased Executive Power: Trump may limit First Amendment Rights (these rights are fundamental to American democracy and are designed to ensure individual liberties), using executive power to surveil citizens and suppress protests.
    • Targeting Immigrants: His administration could aggressively target immigrant communities, leading to racial profiling and violations of constitutional protections.
    • Justice Department Focus: Appointments may shift the Justice Department’s focus away from civil rights, potentially reversing progress in voting rights and police accountability.
    • Crackdown on Advocacy: There could be increased government scrutiny of advocacy groups and individuals opposing his policies, threatening free speech.

    What should India watch out for?

    • Strengthen Multilateral Cooperation: Countries like India should enhance collaboration through existing international institutions and treaties to collectively uphold the international legal order and counter unilateral actions.
    • Promote Norm Setting: India with other nations can work together to establish and promote norms that reinforce a rules-based international system, ensuring that their interests are represented and protected.
    • Engage in Strategic Partnerships: Forming alliances with like-minded states can amplify their influence in global governance and provide a united front against any erosion of international law.

    https://www.thehindu.com/opinion/op-ed/trump-20-as-disruptor-of-the-global-legal-order/article69124466.ece

  • Uttarakhand Cabinet approves Uniform Civil Code Manual

    Why in the News?

    The Pushkar Dhami Cabinet in Uttarakhand approved the UCC with plans to roll it out after the local body elections. Uttarakhand will be the first state in India to implement the UCC.

    What is the Uniform Civil Code?

    • The UCC refers to a single law that governs personal matters such as marriage, divorce, inheritance, adoption, and succession for all citizens of India, irrespective of their religion.
    • Constitutional Basis: Article 44 of the Directive Principles of State Policy (DPSP) in the Indian Constitution envisions a UCC to promote national integration by eliminating discrepancies in personal laws.

    What are the significance of UCC? 

    • Equality and Justice: UCC ensures equal treatment of all citizens, irrespective of religion, caste, or gender, by replacing diverse personal laws with a unified legal framework. This promotes fairness and eliminates discriminatory practices in personal matters like marriage, divorce, and inheritance.
    • Gender Parity and Women’s Empowerment: Personal laws often favor patriarchal norms, disadvantaging women in areas like inheritance and divorce. UCC addresses these disparities, granting women equal rights and fostering gender justice.
    • National Integration: By unifying personal laws across communities, UCC strengthens national unity and reduces divisions based on religion or community-specific laws. It promotes secularism and reinforces the idea of “one nation, one law”.
    • Simplification of Legal Systems: A common civil code simplifies the legal process by eliminating inconsistencies among various personal laws, making it easier for citizens to understand their rights and obligations.
    • Closing Loopholes in Personal Laws: UCC addresses biases and loopholes in existing personal laws that perpetuate inequality or favouritism, ensuring a more just legal system for all citizens.

    What is the Judicial stand on it? 

    • Mohd. Ahmed Khan vs. Shah Bano Begum (1985): This case marked a pivotal moment when the Supreme Court urged the government to enact a UCC.
      • The Court highlighted that a common civil code would promote national integration by eliminating conflicting loyalties to different personal laws.
    • Jordan Diengdeh vs. S.S. Chopra (1985): The Court reiterated the “immediate and compulsive need for a uniform civil code”.
    • Sarla Mudgal vs. Union of India (1995): In this case, the Supreme Court criticised the government’s inaction regarding the UCC, asserting that over 80% of citizens were already governed by codified personal laws and that there was no justification for delaying its introduction any further.
    • John Vallamattom vs. Union of India (2003): The Supreme Court again stressed the need for a UCC, lamenting that Article 44 had not been implemented and reiterating its role in fostering national unity by resolving contradictions arising from diverse personal laws.
    • Shayara Bano vs. Union of India (2017): In addressing the issue of triple talaq, the Supreme Court underscored that the Constitution mandates the state to provide for a UCC to address various social injustices and legal inconsistencies stemming from personal laws.
    • Jose Paulo Coutinho vs. Maria Luiza Valentina Pereira (2019): The Court expressed disappointment over the lack of progress towards a UCC, noting that while personal laws reflect religious beliefs, they should not be exempt from reform in a secular state.

    What are the challenges? 

    • Cultural Resistance: There is significant opposition from various religious groups who view the UCC as an infringement on their cultural and religious practices. This resistance can lead to social unrest and political backlash.
    • Political Controversy: The UCC is often a contentious political issue, with parties divided along ideological lines. This can complicate legislative processes and delay implementation.
    • Legal Complexity: The integration of diverse personal laws into a single code poses substantial legal challenges. Ensuring that the new code respects individual rights while being comprehensive enough to address various community needs requires careful drafting.
    • Awareness and Training: Effective implementation requires extensive training for officials and awareness campaigns for citizens to understand their rights under the new code. This necessitates significant resources and time.

    Way forward: 

    • Phased Implementation and Pilot Projects: Begin with optional UCC adoption in specific regions or for limited personal law aspects (e.g., marriage or inheritance) to test feasibility and address concerns gradually.
    • Inclusive Stakeholder Engagement: Conduct extensive consultations with religious leaders, community representatives, and legal experts to build consensus and ensure the code respects India’s diversity while upholding constitutional values.

    Mains PYQ:

    Q Discuss the possible factors that inhibit India from enacting for its citizen a uniform civil code as provided for in the Directive Principles of State Policy. (UPSC IAS/2015)

  • Under Trump, US withdraws from WHO: Impact, what this means for India

    Why in the News?

    On his first day in office, U.S. President Donald Trump signed an order to pull the country out of the World Health Organization (WHO).

    What will be the Impact of USA’s withdrawal from WHO?

    • Funding Shortfall for WHO: The USA accounted for 22.5% of WHO’s assessed contributions and approximately 13% of voluntary contributions in 2023.
      • The funding gap may affect WHO’s ability to implement health programs globally.
    • Disruption of Global Health Programs: WHO’s work in areas such as pandemics, neglected tropical diseases, antimicrobial resistance, and vaccination programs could face setbacks.
      • Loss of technical collaboration between the US CDC and WHO may weaken disease surveillance and pandemic preparedness.
    • Increased Influence of China: The vacuum left by the US could amplify China’s role within WHO, leading to concerns over political influence and transparency.
    • Undermining Global Health Equity: Withdrawal may hinder equitable access to healthcare resources, including vaccines and medicines, in developing nations.
    • Undermining Pandemic Treaty: The US will cease negotiations on the WHO pandemic treaty, affecting the framework for global cooperation on future pandemics.

    What are the Major Global Institutions and Challenges Faced by them?

    • United Nations (UN): Political divisions among member states, limited enforcement power, and funding constraints. The UN’s peacekeeping missions and humanitarian efforts often face resource shortages and geopolitical interference.
    • World Health Organization (WHO): Criticism for its pandemic response, reliance on voluntary funding, and political influence from member states. The WHO struggles to maintain independence and effectiveness in global health governance.
    • World Trade Organization (WTO): Increasing protectionism, trade disputes among major economies, and calls for reform to address inequities in global trade rules. The WTO faces difficulties in resolving conflicts like U.S.-China trade tensions.
    • International Monetary Fund (IMF) and World Bank: Criticism of conditional lending practices, perceived bias favoring wealthier nations, and inefficiencies in addressing poverty and economic disparities. Both institutions face calls for governance reforms to better represent developing countries.
    • Regional Organizations (e.g., EU, African Union): Economic disparities among members, political instability, and resource limitations. For example, the EU faces challenges like migration issues and the aftermath of Brexit, while the African Union struggles with conflict resolution and development goals.

    What would be the Impact on India?

    • Funding Shortfalls for WHO Programs: The U.S. contributes approximately 15-20% of WHO’s budget, amounting to around $600 million annually.
      • This withdrawal could lead to significant funding gaps for various health programs like India’s immunisation programs that India benefits from, such as those addressing neglected tropical diseases, HIV, malaria, and tuberculosis.
    • Loss of Technical Expertise: The departure of U.S. experts from WHO committees could limit the organization’s ability to provide comprehensive guidelines and support for health policies in India.

    What are the reforms needed in Global Institutions?

    • Enhanced Representation and Inclusivity: Need to expand the UN Security Council and restructure voting power in organizations like the IMF and World Bank to ensure equitable decision-making.
    • Increased Transparency and Accountability: There is a pressing need for improved transparency in decision-making processes within global institutions. This includes establishing clear accountability mechanisms to address concerns about corruption, inefficiency, and lack of responsiveness to member states’ needs.

    Mains PYQ:

    Q Critically examine the role of WHO in providing global health security during the Covid-19 pandemic. (UPSC IAS/2020)

  • India outlines 6-board principles to boost economic ties with EU

    Why in the News?

    Recently, Commerce and Industry Minister Piyush Goyal highlighted six key principles to strengthen the partnership between India and the European Union during a meeting with Maros Sefcovic, the EU Commissioner for Trade and Economic Security.

    What are the Six Broad Principles between the EU and India?

    • Common Values: Establish a partnership based on shared values of democracy, rule of law, and an independent judiciary.
    • Fair Trade Agenda: Develop a commercially meaningful trade agenda that addresses tariff and non-tariff barriers, ensuring benefits for small and medium enterprises, farmers, and fishermen.
    • High-Quality Production: Engage in the exchange of best practices and harmonization of standards to achieve “zero defect” and “zero effect” production capabilities.
    • Technological Collaboration: Work together to develop cutting-edge technologies and secure critical raw material supply chains, enhancing resilience against non-market economies.
    • Sustainable Development: Cooperate on trade and sustainable development while respecting differing levels of development among nations, adhering to the principle of common but differentiated responsibility.
    • Mutual Growth: Leverage India’s young talent pool to act as a bridge for mutual growth and development with the EU.

    What is the Significance of the EU for India?

    • Largest Trading Partner: The EU is India’s largest regional trading partner, accounting for approximately 12.2% of India’s total trade in goods as of 2023. This relationship facilitates substantial trade flows, with trade in goods reaching around €124 billion and trade in services amounting to €50.8 billion in 2023.
    • Major Source of Investment: The EU is a leading source of foreign direct investment (FDI) in India, with an investment stock of approximately €108.3 billion in 2022. This investment supports job creation and economic development across various sectors in India.
    • Technology Transfer and Innovation: The EU serves as a primary source of technology transfer to India, aiding in the development of critical sectors such as infrastructure, green technology, and digital solutions. This collaboration is vital for India’s aspirations to modernize its economy and enhance its global competitiveness.
    • Strategic Partnership: The EU-India relationship is built on shared values such as democracy and human rights. It has evolved into a strategic partnership that addresses global challenges, including climate change, security threats, and sustainable development. This partnership is crucial for both entities to enhance their roles in global governance.
    • Geopolitical Considerations: With the rise of assertive powers like China and shifting U.S. policies, the EU recognizes the importance of a robust partnership with India as a counterbalance in the region. Strengthening ties with India aligns with the EU’s goals of promoting multilateralism and addressing common security interests.

    Evolution of India-EU Relations:

    • Foundational Agreements and Strategic Partnership: India-EU relations date back to the early 1960s, with India being one of the first countries to establish diplomatic ties with the European Economic Community.
      • The relationship was formalized through the Joint Political Statement in 1993 and the Cooperation Agreement in 1994, which expanded cooperation beyond trade.
      • In 2004, at the 5th India-EU Summit, the relationship was upgraded to a Strategic Partnership, marking a significant milestone in bilateral ties.
    • Joint Action Plan and Enhanced Cooperation: Following the strategic partnership, a Joint Action Plan was adopted in 2005 and reviewed in 2008, focusing on strengthening dialogue and cooperation across various sectors including trade, investment, and cultural exchanges.
    • Recent Developments and Future Prospects: In 2022, India and the EU celebrated 60 years of bilateral relations by relaunching negotiations for a Broad-based Trade and Investment Agreement (BTIA), which had stalled since 2013.

    What are the challenges between India and the EU? 

    • Trade Barriers and Market Access: Indian companies face increasing non-tariff barriers when trying to access EU markets, including stringent technical regulations, phytosanitary measures, and compliance standards. These barriers hinder the export of Indian goods and services, complicating efforts to establish a comprehensive Free Trade Agreement (FTA) between India and the EU.
      • Also, India is cautious about reducing high tariffs on sensitive sectors like automobiles and agricultural products, which the EU seeks to liberalize.
    • Mobility of Professionals and Services Liberalization: The lack of a common working visa system in the EU restricts the free movement of Indian professionals across member states. India seeks greater access for its skilled workers in the EU, while the EU demands liberalization of India’s professional services sector, particularly in accountancy and legal services.

    Way forward: 

    • Balanced Trade Agreement: Prioritize resolving key differences in tariff reductions and non-tariff barriers, especially in sensitive sectors like automobiles, agriculture, and professional services, while ensuring fair market access for both sides to boost mutual economic growth.
    • Enhanced Mobility and Collaboration: Establish frameworks for the free movement of professionals and expand cooperation in technology transfer, sustainable development, and resilient supply chains, leveraging India’s skilled workforce and the EU’s technological advancements.

    Mains PYQ:

    Q ‘Indian diaspora has a decisive role to play in the politics and economy of America and European Countries’. Comment with examples. (UPSC IAS/2020)