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GS Paper: GS2

  • Why UK is tightening immigration rules, how Indians will be affected

    Why in the News?

    Recently, the United Kingdom (UK) has announced new plans to change its immigration rules to reduce the number of people moving to the country.

    What are the key immigration reforms proposed to control net migration?

    • Raising Skilled Worker Visa Threshold: The requirement for the ‘skilled worker’ visa will be raised from the senior secondary level (A-level) back to the degree level. (The previous Conservative government lowered it to A-level in 2020.)
    • Ending Social Care Visas: The UK will no longer issue social care visas to foreign workers, reversing the post-COVID-19 expansion that allowed easier entry for care workers.
    • Reducing Graduate Visa Duration: The graduate visa, which allows international students to stay and work after completing their studies, will be shortened from 2 years to 18 months (3 years for PhD holders).
    • English Language Requirement for Dependents: Dependents of visa holders will now have to meet English language proficiency requirements to promote social integration.
    • Increasing Settlement Period: The minimum qualifying period for ‘settlement’ (permanent residency) will be increased from 5 years to 10 years.

    Why has the UK decided to discontinue social care visas for foreign workers?

    • Increased Migration and Pressure on Services: The rise in social care visas after COVID-19 led to a large influx of foreign care workers, which added strain to public services and housing. Eg: Over 114,000 additional health and care worker visas were issued between 2021 and 2023, mainly to South Asian and African nationals.
    • Reducing Low-Skilled Migration: The government plans to reduce low-skilled migration by raising visa requirements, such as increasing the skill level from A-level to a degree. Eg: Social care sector.
    • Promoting Domestic Workforce Development: There is a push to invest in training and apprenticeships for UK residents instead of relying on imported cheap labour. Eg: PM Starmer highlighted the need to focus on local skills development rather than importing workers in sectors like social care.

    Who are the major beneficiaries of the UK’s visa ?

    • South Asian Nationals: A large number of work visas were issued to workers from India, Pakistan, and Bangladesh. Eg: Many Indian care workers received health and care visas between 2021 and 2023.
    • Sub-Saharan African Nationals: Significant numbers of care workers came from countries like Zimbabwe, Ghana, and Nigeria. Eg: The visa route helped fill care sector jobs with workers from these African nations.

    How have Indian students and workers been affected by recent changes in UK visa policies?

    • Shorter Post-Study Work Visa: Graduate visa reduced from 2 years to 18 months, limiting job opportunities for Indian students. Eg, many now have less time to build careers in the UK.
    • Higher Skill Requirements: Skilled worker visas now require a degree-level qualification, excluding some mid-skilled jobs. Eg, Indian engineers and healthcare workers face stricter eligibility.
    • English Language Rules for Dependents: Dependents must meet English proficiency requirements to promote integration. Eg, Indian families may find it harder to join relatives.
    • Longer Residency for Settlement: Permanent residency eligibility increased from 5 to 10 years. Eg, Indians must wait longer to settle permanently.
    • Increased Tuition Costs: Proposed 6% fee levy on international students raises study costs. Eg, this could discourage Indian students from studying in the UK.

    Way forward: 

    • Enhance Domestic Skill Development: Invest significantly in vocational training and apprenticeships to reduce dependency on low-skilled foreign labour and create local employment opportunities.
    • Balance Migration Policies: Implement targeted immigration reforms that maintain the UK’s competitiveness in attracting global talent while ensuring sustainable public service capacity and social integration.

    Mains PYQ:

    [UPSC 2023] Indian diaspora has scaled new heights in the West. Describe its economic and political benefits for India.

    Linkage: The tightening of immigration rules in Western countries like the UK directly impacts the size, composition, and potential “scaling of new heights” of the diaspora, and thus implicitly affects the economic and political benefits for India.

  • Principled Criminalization and the Police as Pivot

    Why in the News?

    Recently, the Supreme Court of India gave an important decision in the case of Imran Pratapgarhi v. State of Gujarat (2025 INSC 410). The judgment focused on balancing the fundamental right to freedom of speech with the police’s duty to register a First Information Report (FIR).

    What is the significance of procedural criminal law in ensuring principled criminalisation?

    • Prevents Abuse of Power: Procedural criminal law enforces checks on state power by ensuring investigations, arrests, and prosecutions follow due process and protect fundamental rights (e.g., right to life and liberty under Article 21 of the Indian Constitution). Eg: In Imran Pratapgarhi vs State of Gujarat, the Supreme Court quashed the FIR because the police violated the procedural requirement under Section 173(3) of BNSS, thereby infringing upon the right to free speech.
    • Filters Out Malicious Prosecutions: By setting guidelines (like preliminary inquiries), procedural law prevents unnecessary or politically motivated criminal cases from being registered and escalating into full investigations or arrests. Eg: Section 173(3) allows police to conduct a 14-day preliminary inquiry in certain cases before registering an FIR, thereby avoiding the criminalisation of non-serious or false complaints.
    • Enhances Accountability: Police have significant discretion in the criminal process. Procedural law regulates this discretion, ensuring it is used transparently and fairly, preventing arbitrary or biased action. Eg: Without proper procedural checks, police may over-police minor infractions while ignoring more serious offences, leading to imbalanced enforcement of law.

    Why did the Supreme Court quash the FIR against Imran Pratapgarhi?

    • Violation of Procedural Safeguards: The police failed to conduct a mandatory preliminary inquiry before registering an FIR, as required under Section 173(3) for offences punishable with less than seven years. Eg: The alleged offence related to a poem posted on social media, which falls within this category. The police were required to first assess whether a prima facie case existed — they did not.
    • Protection of Freedom of Speech: The FIR was filed for the alleged posting of an “inflammatory” poem, but the Court noted it was an exercise of free speech under Article 19(1)(a) of the Constitution. Eg: Criminal proceedings against protected speech must pass a higher threshold. The Court emphasized that misuse of law to curb free expression violates constitutional freedoms.
    • Prevention from Frivolous Criminalisation: The Court found that the police had acted in a hasty and unjustified manner, triggering criminal law machinery for what could be a frivolous or politically motivated complaint. Eg: The judgment cited the intent of Section 173(3) — to avoid over-criminalisation in cases involving less serious offences, especially those entangled with fundamental rights.

    How does Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita aim to prevent unnecessary criminalisation?

    • Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) aims to prevent unnecessary criminalisation by allowing police to conduct a preliminary inquiry within 14 days before registering an FIR for cognisable offences punishable with 3 to less than 7 years.
    • This ensures that only cases with prima facie merit proceed, acting as a safeguard against frivolous or politically motivated complaints and police overreach.

    Who plays a central role in the actual implementation of criminalisation?

    • The police play the central role in the practical application of criminalisation. They are the first responders—detecting crime, registering FIRs, investigating, and arresting suspects.
    • The discretion exercised by the police significantly affects how criminal laws are enforced, and whether they lead to over-criminalisation or under-criminalisation. Therefore, how the police interpret and act under procedural law (e.g., Section 173(3)) directly influences the legitimacy and fairness of the criminal justice system.

    Way forward: 

    • Strengthen Police Training and Accountability: Enhance training on procedural law and human rights for police to ensure responsible use of discretion, coupled with strict accountability mechanisms to prevent misuse and overreach.
    • Improve Legal Safeguards and Oversight: Institutionalise mandatory preliminary inquiries and judicial oversight in sensitive cases to protect fundamental rights and prevent frivolous or politically motivated criminalisation.

    Mains PYQ:

    [UPSC 2013] Discuss Section 66A of IT Act, with reference to its alleged violation of Article 19 of the Constitution.

    Linkage: This reflects the broader theme of how laws that define behaviour as potentially punishable (part of the criminalisation process) are scrutinised based on their impact on fundamental rights, a dynamic echoed in the article discussion of the Imran Pratapgarhi case where police action (governed by procedural law) affecting freedom of speech was reviewed by the Supreme Court.

  • Justice B.R. Gavai takes charge as 52nd CJI

    Why in the News?

    Justice B.R. Gavai has been sworn in as the 52nd Chief Justice of India (CJI).

    About the Chief Justice of India:

    • The CJI is the head of the Supreme Court and the highest-ranking judicial officer in the country.
    • As the “Master of the Roster,” the CJI has the exclusive authority to:
      • Constitute benches
      • Allocate cases among judges
      • Decide the schedule of hearings
    • The CJI leads the judicial and administrative functions of the Supreme Court.
      • Holds administrative control as recognised in State of Rajasthan v. Prakash Chand (1997).
    • The CJI is referred to as “first among equals” among Supreme Court judges.

    Powers and functions of the CJI:

    • Judicial Functions:
      • Assigns judges to the Constitution Benches. (Article 145)
      • Handles interpretation of important legal and constitutional matters. (Article 145)
      • Exercises judicial leadership by steering jurisprudential direction. (Article 145)
      • Exercises judicial authority in matters of national significance. (Article 136)
      • Protects fundamental rights through the Supreme Court’s original and appellate jurisdiction. (Article 32)
    • Administrative Functions:
      • Maintains court roster and case listing. (Derived from judicial precedent and administrative conventions)
      • Supervises court staff and administration. (Based on administrative authority of the CJI)
      • Ensures smooth functioning of the Supreme Court. (Supreme Court Rules, 2013)
      • Holds disciplinary authority over subordinate judicial officers. (Administrative powers acknowledged in precedents)
      • Engages in administration of justice at the highest level. (Overarching responsibility under Article 145)
    • Advisory Function:
      • Provides advisory input when consulted by the President. (Article 143)

    Appointment and Terms:

    • Article 124 of the Constitution empowers the President of India to appoint the CJI.
    • Traditionally, the senior-most judge of the Supreme Court is appointed.
    • Exceptions to this practice:
      • 1973: Justice A.N. Ray appointed over 3 senior judges.
      • 1977: Justice M.H. Beg appointed over Justice H.R. Khanna.
    • Qualifications as outlined in Article 124(3):
      • Must be a citizen of India, and:
      • Served at least five years as a High Court judge, or
      • Practised at least ten years as a High Court advocate, or
      • Deemed a distinguished jurist by the President.

    Selection Procedure:

    • Governed by the Memorandum of Procedure for Appointment of Supreme Court Judges.
    • The Union Law Minister seeks the outgoing CJI’s recommendation.
    • The recommendation is processed as follows:
      • Sent to the Prime Minister by the Law Ministry.
      • Prime Minister advises the President.
      • President of India appoints the new CJI.
    • No specific timeline is defined — the recommendation must be made at the “appropriate time”.

    Tenure and Removal:

    • CJI serves until the age of 65 years.
    • Can only be removed through removal under Article 124(4):
      • Requires approval by both Houses of Parliament.
      • Must be supported by:
        • A majority of total membership, and
        • A two-thirds majority of members present and voting.
      • Grounds for removal: Proven misbehavior or incapacity.
    [UPSC 2021] With reference to the Indian judiciary, consider the following statements:

    1. Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with the prior permission of the President of India.
    2. A High Court in India has the power to review its own judgment as the Supreme Court does

    Which of the statements given above is/are correct?

    Options:  (a) 1 only  (b) 2 only (c) Both 1 and 2 * (d) Neither I nor 2

     

  • Big deal: On the U.S.-China trade deal

    Why in the News?

    Recently, the U.S. has agreed to temporarily reduce its tariffs on Chinese goods from 145% to 30% for 90 days, while China will lower its tariffs on American products from 125% to 10%.

    What are the key terms of the U.S.-China trade truce?

    • Tariff Reductions: The U.S. has temporarily lowered tariffs on Chinese goods from 145% to 30%, and China has reduced its duties on American imports from 125% to 10%.
    • 90-day Breather: The reprieve is limited to 90 days, giving both sides a window for further negotiations.
    • Global Market Response: The announcement led to a 2%-3.8% rise in markets worldwide, reflecting investor relief.
    • Exclusion from Previous Pause: Earlier, in April, the U.S. had excluded China from a 90-day reciprocal tariff pause, indicating that this thaw represents a strategic pivot.

    Why has the U.S. trade deficit with China remained unresolved despite the tariff rollback?

    • Temporary and Limited Rollback of Tariffs: The U.S. reduced tariffs from 145% to 30% only for 90 days, which is not a permanent structural solution. Eg: Such short-term measures may ease tensions but do not address long-term trade imbalances rooted in production and consumption patterns.
    • Core Issue of Trade Imbalance Not Addressed: The agreement focuses on reducing tariffs but does not compel China to increase imports of U.S. goods or alter its export-driven model. Eg: The U.S. continues to import large volumes of electronics, machinery, and pharmaceuticals from China while exporting relatively fewer goods.

    How might the U.S.-China agreement affect India’s position in the China+1 manufacturing strategy?

    • Reduced Urgency for Diversification: The easing of tensions may lead global firms to reconsider shifting away from China, reducing momentum behind the China+1 strategy. Eg: Companies that were exploring alternatives like India or Vietnam may delay or reverse their relocation plans.
    • India’s Limited Gains from China+1 Exposed: India has not fully leveraged the China+1 opportunity due to infrastructure and policy bottlenecks, making it less competitive. Eg: Despite global supply chain shifts during the trade war, India attracted far less investment than Vietnam or Indonesia in electronics and apparel sectors.
    • Renewed Focus on China’s Scale and Efficiency: Investors might return to China due to its unmatched manufacturing scale, efficient logistics, and mature supply chains. Eg: Apple’s decision to continue manufacturing a large share of its products in China despite exploring India illustrates the challenge India faces in replacing China.
    Note: China+1 is a business strategy adopted by multinational companies to diversify their manufacturing operations and supply chains beyond China, by adding at least one other country—hence “China plus one”.

    What challenges does India face in its trade negotiations with the U.S.?

    • Retaliatory Tariff Pressures: India has had to respond to U.S. tariff hikes on steel and aluminium with potential reciprocal measures, increasing trade tension. Eg: After the U.S. imposed duties under Section 232, India notified the WTO of its plan to raise tariffs on American products like almonds and apples.
    • Pending Comprehensive Trade Agreement: Despite ongoing talks, both countries have struggled to finalize a broad-based trade deal due to divergent priorities and domestic pressures. Eg: Disagreements over market access for U.S. dairy products and medical devices have repeatedly stalled progress on a bilateral trade pact.
    • Impact of U.S.-China Trade Developments: A thaw in U.S.-China trade ties may reduce Washington’s interest in deepening trade relations with India, limiting India’s leverage. Eg: If U.S. firms regain confidence in China post-agreement, India may lose the strategic advantage it gained during earlier trade disruptions.

    Why must Indian States implement labour and land reforms to reduce dependence on Chinese imports?

    What are the steps taken by the Indian government? 

    • Labour Law Reforms to Boost Ease of Doing Business: The Indian government has amended labour laws to make it easier for industries to hire and fire workers, fostering a more flexible labour market. Eg: The Code on Industrial Relations (2020) consolidates multiple labour laws and provides greater flexibility for businesses to operate efficiently.
    • Land Acquisition and Infrastructure Development: The government has streamlined land acquisition processes and enhanced infrastructure to attract investments in manufacturing. Eg: The National Industrial Corridor Development Corporation (NICDC) is developing dedicated industrial zones with improved connectivity and land acquisition processes to boost manufacturing.

    Way forward: 

    • Enhance Policy Frameworks: India should strengthen its infrastructure, labor, and land reforms to offer a more competitive and attractive environment for global companies, ensuring it can capitalize on the China+1 strategy.
    • Focus on Technology and Skill Development: India must invest in advanced manufacturing technologies and skill development to match China’s scale and efficiency, thus making itself a more viable alternative for global supply chains.

    Mains PYQ:

    [UPSC 2018] How would the recent phenomena of protectionism and currency manipulations in world trade affect macroeconomic stability of India?

    Linkage: The US-China trade deal, as described in the article arose from a “tense global trade environment” involving “tariffs being ratcheted up by both sides”. This context of rising protectionism and trade tensions between major powers directly relates to the “phenomena of protectionism” mentioned in this PYQ and its potential impact on India’s macroeconomic stability.

  • In India, education without employment

    Why in the News?

    The National Education Policy 2020 does not effectively address the employability issues faced by India’s graduates in the workforce.

    What are the key flaws in NEP 2020 regarding employability?

    • No Industry Participation in Policy Design: The NEP drafting process excluded industry leaders, leading to poor alignment between education and job market requirements. Eg: Graduates often lack practical skills needed for sectors like AI, renewable energy, or advanced manufacturing.
    • Ineffective Skill Training Mechanisms: Although vocational training and multiple entry/exit options were introduced, they often lead to low-quality outcomes without real career growth. Eg: Students trained under NEP frequently end up in low-paying jobs like delivery services, despite completing higher education.
    • Weak Implementation and Accountability: Despite ambitious reforms, there is little evidence of measurable improvement in graduate employability over the years. Eg: Employability of graduates was only 42.6% in 2025, showing minimal change from 44.3% in 2023.

    Are India’s higher education institutions truly improving?

    • Selective Celebration of Rankings: Government highlights QS WUR improvement (11 institutions in top 500) while ignoring low actual rankings (mostly above 100).
    • Low Research Quality: India’s CNCI rank rose from 17th to only 16th among G20 nations, showing marginal improvement.
    • Misleading Statistics: The 318% “performance growth” touted is percentage-based inflation, not reflecting real innovation or academic excellence.

    How does India’s GII performance expose its innovation gaps?

    • Low Quality of Research Output: Despite improvements in overall GII ranking (from 81 in 2015 to 39 in 2024), India’s Category Normalized Citation Impact (CNCI) — a measure of research quality — remains poor, ranking 16th out of 19 G-20 countries. Eg: While quantity of publications has increased, their global influence and citations remain low, showing a gap in impactful innovation.
    • Weak Innovation Clusters: India’s top innovation hubs like Bengaluru, Delhi, and Chennai rank low globally (56th to 84th), and cluster intensityis poor compared to global leaders. Eg: Bengaluru, often called India’s Silicon Valley, ranks only 56th, far behind real Silicon Valley (2nd), indicating weak industrial-scientific synergy.
    • Limited High-End Technological Innovation: India lags in patent filings and high-tech outputs compared to nations like South Korea, the U.S., and China. Eg: Samsung Electronics is the top patentee in Bengaluru, not an Indian firm — showing a dependence on foreign innovation in domestic clusters.

    Who benefits from international university rankings like QS World University Rankings?

    The QS World University Rankings are published by Quacquarelli Symonds (QS), a global higher education company known for providing specialized services in university rankings, student recruitment, and education consulting.

    • Universities: High rankings enhance global reputation, attract top students and faculty, and secure more funding. Eg, IIT Bombay benefits from its high QS ranking by attracting international collaborations and research opportunities.
    • Students: International rankings help students choose universities with better academic quality, resources, and future career prospects. Eg, students opting for Harvard University often benefit from its global recognition and network.

    What are the limitations of using such rankings as indicators of educational quality?

    • Overemphasis on Research Output: Rankings often prioritize research publications and citations, which may not reflect the quality of teaching or employability. Eg, IIT Bombay ranks highly globally for research, but the focus on research may overshadow the quality of undergraduate education.
    • Neglect of Local Context and Industry Relevance: Global rankings may not consider how well a university serves its local economy or industries. Eg, Jadavpur University in Kolkata is renowned for its engineering programs but is ranked lower globally, despite its significant contributions to local technology and industry development.

    What are the steps taken by the Indian Government? 

    • Promotion of Start-ups and Innovation: The government has launched various initiatives like Startup India and Atal Innovation Mission (AIM) to encourage entrepreneurship and innovation in the education sector. Eg, AIM supports schoolchildren with access to cutting-edge technology and resources to create new ideas.
    • Skill Development Programs: Programs like Pradhan Mantri Kaushal Vikas Yojana (PMKVY) aim to provide skill training to youth, improving their employability. Eg, the scheme offers certification in sectors like electronics and manufacturing, ensuring that graduates are job-ready.

    Way forward: 

    • Industry-Academia Collaboration: Strengthen partnerships between industries and educational institutions to design curricula that align with market needs, enhance practical training, and provide internships. Eg, tech companies collaborating with universities for real-time software development projects.
    • Focus on Research Quality and Innovation: Increase investment in high-impact research and innovation by improving research infrastructure and promoting collaboration with global leaders. Eg, providing incentives for Indian firms to file patents and innovate domestically.

    Mains PYQ:

    [UPSC 2016] Demographic Dividend in India will remain only theoretical unless our manpower becomes more educated, aware, skilled and creative. What measures have been taken by the government to enhance the capacity of our population to be more productive and employable?

    Linkage: Education and skills to the concept of employability and the realization of India’s demographic dividend. It implies that simply having a young, educated population is not enough; they must be “productive and employable” for this potential to translate into economic benefit, highlighting a potential gap.

  • [pib] Group of Friends of Traditional Medicine (GFTM) 

    Why in the News?

    The Sixth Meeting of the Group of Friends of Traditional Medicine (GFTM) was hosted by the Permanent Mission of India in Geneva.

    About Group of Friends of Traditional Medicine (GFTM):

    • GFTM is an informal platform launched by India in May 2023 under the WHO to promote cooperation on traditional medicine.
    • It is coordinated via India’s Permanent Mission in Geneva; it hosts regular meetings to explore integration of traditional systems into health strategies.
    • It supports global efforts like the WHO Traditional Medicine Strategy 2025–2034, fostering knowledge exchange and research collaboration.
    • It focuses on policy development, capacity building, and scientific validation of traditional practices.
    • It builds momentum for global events such as the WHO Global Traditional Medicine Summit and World Health Assembly sessions.

    India’s Key Initiatives in Traditional Medicine:

    The National AYUSH Mission (NAM) promotes Ayurveda, Yoga, Naturopathy, Unani, Siddha, and Homeopathy through dedicated facilities and education. Key efforts include:

    • Establishment of Ayush Arogya Mandirs (wellness centres) for integrated care.
    • Expansion of insurance coverage for AYUSH treatments.
    • Promotion of collaborative research with DBT, DST, ICMR, and CSIR.
    • Use of AI, genomics, and bioinformatics to bolster scientific credibility.
    • Strengthening of global outreach via bilateral agreements, international events, and multilateral platforms.
    [UPSC 2019] How is the Government of India protecting traditional knowledge of medicine from patenting by pharmaceutical companies?

     

  • Right to Know: On the Wikimedia case, key rights

    Why in the News?

    On May 9, 2025, the Supreme Court of India canceled the Delhi High Court’s order that had asked the Wikimedia Foundation to remove a page from its Wikipedia website. This decision is important for several reasons.

    What was the Supreme Court’s reason for overturning the High Court’s order on Wikipedia?

    • Protection of Free Speech and Public Debate: The Supreme Court emphasized that important legal and public issues must be open to public discussion, even if they are under judicial consideration (sub judice). Eg: Wikipedia users commenting critically on a judge’s order were exercising free speech, not committing contempt — the Court said the High Court “overreacted” by viewing it as contempt.
    • Right to Know is a Fundamental Right: The Court reaffirmed that the right to know is part of the fundamental rights under Articles 19(1)(a) (freedom of speech) and 21 (right to life and personal liberty). Eg: Wikipedia entries serve public interest by disseminating information — taking down pages affects people’s access to knowledge.
    • Wikimedia is a Neutral Intermediary: The Foundation does not create or control content but provides the platform, which is maintained by users under community guidelines.Eg: Since Wikimedia only hosts content and does not produce it, the responsibility lies with users — the High Court erred by targeting the platform instead of applying proper intermediary liability norms under the IT Act.

    Why is the right to know protected under Articles 19(1)(a) and 21?

    • Linked to Freedom of Speech and Expression (Article 19(1)(a)): Freedom of speech includes both the right to express and the right to receive information. Without access to information, freedom of expression is incomplete. Eg: Journalists rely on access to court documents, government records, or public statements to report news and foster transparency.
    • Essential for a Life with Dignity (Article 21): The right to life includes the right to live with dignity, which requires access to truthful and relevant information that affects one’s wellbeing and rights. Eg: A patient has the right to know about the risks of a medical procedure; a citizen has the right to know about environmental hazards in their locality.

    How does Wikimedia qualify as an intermediary under IT law?

    • Provides Platform Without Editing User Content: Wikimedia only offers the technical infrastructure for Wikipedia — it does not create or edit the content published by users. Eg: If a Wikipedia page contains inaccurate information, it is user-generated. Wikimedia itself does not write or verify the content.
    • Acts Within Safe Harbour Protections (Section 79, IT Act): As an intermediary, Wikimedia is protected from liability for third-party content as long as it doesn’t initiate or modify the transmission and follows due diligence. Eg: If defamatory content appears on Wikipedia, Wikimedia is not legally responsible unless it fails to act on legitimate removal requests.
    • Operates Under Community Guidelines, Not Control: Wikipedia’s content is governed by community-led guidelines and editors, not by Wikimedia itself. This decentralized structure supports its status as a neutral intermediary. Eg: Disputes over article edits are resolved through user discussion forums, not by Wikimedia’s direct intervention.

    Where did the High Court overstep in interpreting adverse comments as contempt?

    • Misconstrued Online Criticism as Judicial Contempt: The High Court treated user discussions and critical comments on Wikipedia as contempt of court, despite them being expressions of public opinion. Eg: A user forum questioning the logic of the High Court’s interim order was taken as contempt, even though it reflected public debate — a protected form of speech.
    • Failed to Recognize the Role of Open Debate in Democracy: By ordering content removal based on adverse comments, the Court ignored the constitutional protection of open criticism, especially on matters of public interest. Eg: The take-down order was based on perceived insult to the judiciary, but the Supreme Court clarified that public discussion, even when a case is sub judice, is vital to democratic accountability.

    When should courts uphold free speech in online platform cases?

    • When Public Debate Involves Matters of Legal or Democratic Importance: Courts should protect speech that contributes to informed public discourse, even if the topic is sub judice, as long as it doesn’t obstruct justice. Eg: In the Wikipedia case, users debated a High Court order — the Supreme Court ruled this was legitimate discussion, not contempt.
    • When the Platform Functions as a Neutral Intermediary: If an online platform merely provides infrastructure without controlling content, courts should focus on protecting users’ freedom of expression rather than penalizing the platform. Eg: Wikimedia does not write or edit articles but hosts user content — thus, courts should defend user rights unless unlawful content is proven.

    Way forward: 

    • Strengthen Intermediary Guidelines: Clearer regulations are needed to distinguish between platforms acting as neutral hosts and those responsible for content, ensuring they are not unduly penalized for user-generated content.
    • Promote Balanced Public Discourse: Courts should encourage open debate on matters of public interest, ensuring that free speech is upheld while preventing actions that could obstruct justice or harm reputations.

    Mains PYQ:

    [UPSC 2024] Right to privacy is intrinsic to life and personal liberty and is inherently protected under Article 21 of the Constitution. Explain. In this reference discuss the law relating to D.N.A. testing of a child in the womb to establish its paternity.

    Linkage: Article 21, one of the fundamental rights the Supreme Court linked to the “right to know” in the Wikimedia case. It discusses the expanding scope of rights under Article 21, similar to how the right to know is being interpreted.

  • Self-Defence Clause in Global Law

    Why in the News?

    India and Pakistan agreed to cease all firing and military actions following precision strikes by India under Operation Sindoor as a Self-Defence against the Pahalgam massacre that killed 26 civilians.

    About Right to Self-Defence under UN Charter:

    • The United Nations Charter generally prohibits the use of force under Article 2(4).
    • Article 51 provides an exception, permitting the use of force in self-defence if an armed attack occurs against a Member State.
    • The International Court of Justice (ICJ) in Nicaragua v. U.S. (1986) interpreted “armed attack” as the gravest form of the use of force.
    • The right of self-defence is subject to two key conditions:
      1. Necessity: The force must be essential to respond to an armed attack.
      2. Proportionality: The response must not exceed what is required to repel the attack.
    • Under Article 51, states must immediately notify the UN Security Council (UNSC) of any action taken in self-defence.
    • In India’s case, the May 7, 2025 missile strikes were described as a “measured response” to the Pahalgam massacre, implying invocation of Article 51, though not explicitly stated.
    • India’s May 8 briefing to 13 of 15 UNSC members was likely in fulfilment of this reporting obligation.

    ‘Unwilling or Unable’ Doctrine:

    • This is an emerging principle in international law, particularly after 9/11.
    • It allows a state to use self-defensive force against non-state actors operating from another state’s territory if that state is:
      • Unwilling or
      • Unable to stop the threat.
    • It was prominently invoked by the US:
      • In 2011 (killing of Osama bin Laden in Pakistan).
      • In 2014 (airstrikes on ISIS in Syria).
    • However, it is criticised by countries like Russia, China, and Mexico for undermining state sovereignty and the UN system.

    India’s Stance:

    • India’s position is unclear but evolving. At a UNSC Arria Formula meeting in Feb 2021, India listed 3 conditions:
    1. The non-state actor has repeatedly attacked the state.
    2. The host state is unwilling to neutralize the threat.
    3. The host state actively supports or sponsors the non-state actor.
    • Legal scholars note it is uncertain if these conditions are cumulative or independent.
    • In response to the Pahalgam attack, India accused Pakistan of inaction and labelled it a safe haven for terrorists.
    • This suggests implicit reliance on the “unwilling or unable” doctrine, though it is not codified in customary international law.
    [UPSC 2005] Consider the following statements:

    1. The Charter of the United Nations Organization was adopted at Geneva, Switzerland in June, 1945;

    2. India was admitted to the United Nations Organization in the year 1945;

    3. The Trusteeship Council of the United Nations Organization was established to manage the affairs of territories detached from Japan and Italy after WWII.

    Which of the statements given above is/are correct?

    Options: (a) 1, 2 and 3 (b) 2 only* (c) 1 and 3 (d) 3 only

     

  • Kerala, MH, TN attain SDGs in MMR, U5MR, NMR

    Why in the News?

    According to the Sample Registration System (SRS) Report 2021, Kerala, Maharashtra, and Tamil Nadu have successfully achieved the UN Sustainable Development Goals (SDGs) related to Maternal Mortality Rate (MMR), Under-Five Mortality Rate (U5MR), and Neonatal Mortality Rate (NMR).

    About SDGs (related to MMR, U5MR, NMR):

    • Under SDG 3, the goals focus on ensuring healthy lives and promoting well-being for all.
    • Target 3.1 aims to reduce MMR to below 70 per 100,000 live births by 2030, with no country exceeding 140.
    • Target 3.2 sets the goal to reduce U5MR to 25 or fewer per 1,000 live births and NMR to 12 or fewer per 1,000 live births.

    Key Highlights of the Report:

    • States meeting MMR target (≤70):
      • Kerala (20), Maharashtra (38), Tamil Nadu (49), plus Telangana, Andhra Pradesh, Jharkhand, Gujarat, and Karnataka.
    • States/UTs meeting U5MR target (≤25):
      • Includes Kerala (8), Tamil Nadu (14), Delhi, Maharashtra, J&K, West Bengal, Karnataka, Punjab, Telangana, Himachal Pradesh, Andhra Pradesh, and Gujarat.
    • States/UTs meeting NMR target (≤12):
      • Includes Kerala (4), Tamil Nadu (9), Delhi, Maharashtra, J&K, and Himachal Pradesh.
    • National improvements:
      • MMR dropped from 130 (2014–16) to 93 (2019–21).
      • U5MR declined from 45 (2014) to 31 (2021).
      • NMR dropped from 26 (2014) to 19 (2021).
      • IMR declined from 39 (2014) to 27 (2021).
      • Sex Ratio at Birth improved from 899 to 913 (2014–2021).
      • Total Fertility Rate reached replacement level of 2.0 in 2021.
    • Compared globally (1990–2023), India achieved an 86% reduction in MMR (vs 48% globally), 78% in U5MR (vs 61%), 70% in NMR (vs 54%), and 71% in IMR (vs 58%).
    [UPSC 2023] Consider the following statements in relation to Janani Suraksha Yojna:

    1. It is safe motherhood intervention of the State Health Departments.

    2. Its objective is to reduce maternal and neonatal mortality among poor pregnant women.

    3. It aims to promote institutional delivery among poor pregnant women.

    4. Its objective includes providing public health facilities to sick infants up to one year of age.

    How many of the statements given above are correct?

    Options: (a) Only one (b) Only two* (c) Only three (d) All four

     

  • Greater regularity: On the Nipah virus

    Why in the News?

    A 42-year-old woman in Kerala tested positive for the Nipah virus on May 8, marking the third case reported from Malappuram district in the past two years.

    Why is studying the genetic evolution of Nipah in humans and bats important?

    • Understanding Virulence and Transmission Potential: Genetic mutations can influence how severe the disease is and whether it can spread between humans. Eg: The 2018 outbreak in Kerala showed a high fatality rate (17 out of 18 cases), partly attributed to a variant with small but significant differences from the Bangladesh strain.
    • Detecting New Strains and Preventing Outbreaks: Regular monitoring of genetic changes in the virus found in bats (natural hosts) helps identify emerging strains before they jump to humans. Eg: Repeated spillovers in Kerala suggest evolving viral dynamics in bat populations.
    • Informing Vaccine and Diagnostic Development: Understanding the virus’s genetic structure enables the development of effective diagnostic tools, therapies, and future vaccines. Eg: Without updated genomic data, public health responses may lag behind fast-evolving variants.

    Why is it important to share the genetic sequences of the Nipah virus in public databases without delay?

    • Enables Global Scientific Collaboration and Rapid Response: Sharing genetic sequences in public databases allows scientists worldwide to study the virus, track mutations, and develop diagnostic tools, treatments, or vaccines more efficiently. Eg: Rapid sharing of SARS-CoV-2 sequences in 2020 helped in the swift development of COVID-19 vaccines.
    • Monitors Viral Evolution and Assesses Public Health Risk: Timely sequence sharing helps detect genetic changes that may enhance the virus’s transmissibility or virulence, allowing health authorities to prepare accordingly. Eg: Genetic analysis of the 2018 Nipah strain in Kerala showed variation from the Bangladesh strain, helping researchers understand its unique impact.

    How did the 2018/2023 outbreaks differ from the recent case in symptoms and transmission?

    Aspect 2018/2023 Outbreaks 2024 Case
    Clinical Presentation Type Acute Respiratory Distress Syndrome (ARDS) Relatively milder, with fewer complications
    Disease Severity More severe, with multisystem involvement Relatively milder, with fewer complications
    Human-to-Human Transmission Yes, leading to outbreaks No human-to-human transmission observed yet
    Viral Load and Spread Potential High viral load in throat swabs, indicating spread Lower viral load in AES patients, reducing spread
    Outcome and Fatality High fatality rate (17 deaths from 18 cases in 2018) No deaths reported, with early detection and isolation

     

    What are the steps taken by the Indian Government?

    • Rapid Response and Surveillance Systems: The government deploys central teams including epidemiologists and virologists for outbreak investigation and containment. Eg: In the 2023 Kerala outbreak, a Central team was sent immediately to assist the State with contact tracing and containment measures.
    • Strengthening Laboratory Diagnostics and Research: The Indian Council of Medical Research (ICMR) and National Institute of Virology (NIV), Pune, have developed diagnostic kits and conduct genomic sequencing of the virus. Eg: NIV Pune confirmed the Nipah virus infection in the May 2024 case and also conducted genome analysis during previous outbreaks.
    • Public Health Awareness and Isolation Protocols: Health departments issue guidelines on infection control, isolation of suspected cases, and public advisories to avoid contact with bats and consume only washed fruits. Eg: During the 2018 and 2023 outbreaks, Kerala implemented isolation wards, restricted public gatherings, and sensitised healthcare workers and the public.

    Way forward: 

    • Establish Permanent Nipah Surveillance Units in High-Risk Areas: Set up dedicated monitoring and response units in regions like Kerala for continuous bat sampling, genomic sequencing, and early detection.
    • Promote Transparent Data Sharing and Regional Collaboration: Ensure timely release of viral genomic data in public databases and collaborate with neighbouring countries for joint research and response planning.

    Mains PYQ:

    [UPSC 2024] In a crucial domain like the public healthcare system, the Indian State should play a vital role to contain the adverse impact of marketisation of the system. Suggest some measures through which the State can enhance the reach of public healthcare at the grassroots level.

    Linkage: The importance of timely detection and isolation of Nipah cases and mentions different clinical presentations (AES and ARDS), implying the need for diagnostic and clinical management capacity. A robust public healthcare system, particularly at the grassroots level, is essential for effective surveillance, early detection, diagnosis, isolation, and management of infectious disease outbreaks like Nipah, making this question highly relevant.