💥Join UPSC 2027,2028 Mentorship (July Batch) + XFactor Notes & Microthemes PDF
Talk to Mentor

Civilsdaily

Login

GS Paper: GS2

  • Issues with ‘mandir’ tag for Ayushman Health and Wellness Centres

    Why in the News?

    Following Mizoram and Nagaland, Meghalaya has also refused to rename its health and wellness centres as Ayushman Arogya Mandirs as per the Centre’s directive.

    Context: Demographic composition of NE and its implications on policy decisions 

    • Christian Majority: About 75% of Meghalaya’s population practices Christianity, similar to the demographics of Mizoram (90%) and Nagaland (90%).
    • State Asserts Autonomy: Meghalaya’s Health Minister emphasized that health being a State subject grants them the right to decide independently of the Centre’s advisory.

    About Ayushman Bharat Health and Wellness Centres (AB-HWCs)

    • AB-HWCs were launched to move away from selective health care to a more comprehensive range of services spanning preventive, promotive, curative, rehabilitative and palliative care for all ages.
    • There are 1.6 lakh such centres across India under this initiative.
    • The National Health Policy of 2017 envisioned these centres as the foundation of India’s health system.
    • The Union Health Ministry renamed AB-HWCs as Ayushman Arogya Mandirs (AAM) with the tagline ‘Arogyam Parmam Dhanam’.
    • States and Union Territories were urged to complete the rebranding by the end of 2023.

    Back2Basics: Ayushman Bharat – Pradhan Mantri Jan Arogya Yojana (PM-JAY)

    Details
    Details
    • World’s largest fully government-funded health insurance scheme.
    • Launched in 2018.
    • Provides Rs 5 lakh per family for secondary and tertiary care.
    Health Benefit Package
    • Covers the cost of surgery, medical and daycare treatments, medications, and diagnostics.
    • 3 days of pre-hospitalisation and 15 days of post-hospitalisation, including diagnostic care and expenses on medicines.
    • No restriction on family size, age or gender.
    • All pre-existing conditions are covered from day one.
    Beneficiaries
    • An entitlement-based scheme targeting beneficiaries identified by the latest Socio-Economic Caste Census (SECC) data.
    • Flexibility for States/UTs to use non-SECC data with a similar socio-economic profile to identify remaining SECC families.
    Financing
    • Jointly funded scheme: 60:40 between Centre and legislature for all States and UTs.
    • 90:10 for North-Eastern States, J&K, Himachal Pradesh, and Uttarakhand.
    • 100% central funding for Union Territories without legislature.
    Nucleus Agency
    • The National Health Authority (NHA) is an autonomous body under the Societies Registration Act, 1860, responsible for the effective implementation of PM-JAY.
    • State Health Agency (SHA) is the apex body of the State Government responsible for implementing AB-PMJAY in the State.

     

    PYQ:

    [2022] With reference to Ayushman Bharat Digital Mission, consider the following statements:

    1. Private and public hospitals must adopt it.
    2. As it aims to achieve universal health coverage, every citizen of India should be part of it ultimately.
    3. It has seamless portability across the country.

    Which of the statements given above is/are correct?

    (a) 1 and 2 only

    (b) 3 only

    (c) 1 and 3 only

    (d) 1, 2 and 3
  • [4th July 2024] The Hindu Op-ed: Trials, medical ethics and the orbit of power

    [4th July 2024] The Hindu Op-ed: Trials, medical ethics and the orbit of power

    PYQ Relevance:
    Mains: 

    Q) If an amendment bill to the Whistleblowers Protection Act 2011 tabled in the Parliament is passed, there may be no one left to protect. Critically Evaluate. (UPSC CSE 2015) 

    Q) With consideration towards the strategy of inclusive growth, the new Companies Bill, 2013 has indirectly made CSR a mandatory obligation. Discuss the challenges expected in its implementation in earnest. Also, discuss other provisions in the Bill and their implications. (UPSC CSE 2013) 

    Note4Students: 

    Prelims:  Whistleblowers Protection Act 2011,

    Mains:  Ethical issues in the Medical sector,

    Mentor comment: On January 10, 2021, Rashida Bee, Nawab Khan, Rachna Dhingra, and Nausheen Khan alleged ethical violations in Bharat Biotech’s Covaxin trial at People’s Hospital, Bhopal. They cited informed consent breaches, enrollment of vulnerable groups, non-reporting of adverse events, and inadequate participant monitoring. They demanded intervention to halt the study and independent investigation. The outcome of their letter remains undisclosed.

    Let’s learn!

    __

    Why in the news? 

    In India, the primary safeguards intended to prevent medical ethics abuse are ineffective.

    What are the Primary safeguards?

    • Primary safeguards are fundamental measures or systems put in place to prevent unethical practices and ensure ethical standards are maintained.
    • These safeguards are designed to protect individuals and maintain integrity within processes, such as clinical trials.
    • They typically include regulatory frameworks, oversight committees, informed consent procedures, transparency requirements, and accountability mechanisms.

    Ethical Abuse 

    • Allegations of Ethical Violations in Covaxin Trial: Irregularities and ethical violations were alleged in the Covaxin clinical trial conducted by People’s Hospital in Bhopal, Madhya Pradesh. Violations included lack of informed consent, enrollment of vulnerable populations, non-reporting of adverse events, and inadequate monitoring and follow-up.
    • Regulatory Approval and Ethical Guidelines before the completion of Phase III study: The Indian drug regulator, Central Drugs Standard Control Organisation (CDSCO), approved Covaxin for “Restricted Use under Clinical Trial Mode” before the completion of its Phase III study.This approval process was not defined in India’s Drug Regulatory Framework, creating ambiguity and potential ethical lapses.
    • Lacking in the effectiveness of Ethics Committees: Ethics committees at trial sites are meant to oversee and ensure ethical conduct in clinical trials. There were issues with the effectiveness of these committees, with allegations of gross violations of ethics guidelines.
    • Whistle-blowers show the various incidents of ethical violations: Whistle-blowers play a crucial role in exposing ethical violations in medical experimentation.  Carl Elliott’s book, “The Occasional Human Sacrifice,” details various incidents of ethical violations in medical trials, highlighting the courage required to speak out.

    Innovative therapies and ethics

    • Balancing Risk and Benefit: Developing life-saving medicines involves a delicate balance between the potential risks to patients and the projected benefits of the therapeutic candidate. This process requires specialised knowledge and experience to make informed decisions, which is often lacking, leading to ethical challenges.
    • Lack of Expertise in Clinical Development: India has a strong generic drug manufacturing industry but lacks deep expertise in developing innovative therapies. The management of clinical development is often overseen by medical doctors who may not have specialized knowledge in drug development, leading to ethical violations and inadequate oversight.
    • Ethical Violations in Pandemic Response: During the COVID-19 pandemic, there were examples of medical ethics being compromised, such as unrealistic projections of case numbers and the creation of terms like “emergency use authorization in clinical trial mode” to justify premature decisions. These actions highlight the need for better guardrails and ethical standards in managing the development and approval of new therapies.

    Indian Patients and Clinical Studies

    • Violation of Informed Consent: There is a historic and repeated violation of informed consent in India, with poor and uneducated patients being enrolled in clinical studies without being fully informed of potential harm. Ensuring informed consent falls under the responsibility of institutional ethics committees, whose effectiveness is often questionable.
    • Ineffectiveness of Institutional Ethics Committees: Despite existing on paper and in regulations, the functioning and effectiveness of institutional ethics committees in India are patchy. A study by Gayatri Saberwal et al. (2022) identified numerous issues, such as clinical trials without ethics committees and trials with more sites than functional ethics committees.
    • Abuse of Regulations by the Industry: A significant abuser of these regulations is a section of the industry promoted by the Ministry of AYUSH, which conducts poorly designed and executed clinical studies with zero oversight. These studies often aim to provide a veneer of scientific validity to various concoctions without proper ethical standards.
    • Comparison with Western Systems: Even well-designed and well-run systems in the West face challenges in maintaining checks and balances on accountability. India’s systems are far from achieving the same level of function and effectiveness, highlighting a significant gap in ethical standards and accountability in clinical studies.

    Way forward: 

    • Enhancing Training and Oversight: Provide specialized training for members of institutional ethics committees to ensure they have the necessary knowledge and skills to oversee clinical trials effectively. Regular audits and monitoring should be conducted to assess the performance and adherence to ethical guidelines.
    • Independent Audits: Conduct independent audits of clinical trial sites and ethics committees to ensure compliance with ethical standards and regulatory requirements. Establish clear consequences for non-compliance to deter unethical practices.
    • Clear Guidelines and Definitions: Define clear regulatory pathways and guidelines for clinical trials, including terms like “Restricted Use under Clinical Trial Mode.” This will reduce ambiguity and ensure consistent application of ethical standards.

  • An overview of the French elections

    Why in the news? 

    On June 30, during the first phase of the French elections called after President Emmanuel Macron unexpectedly dissolved parliament, the far-right National Rally (RN) and its allies emerged as frontrunners with a 33% vote share.

    Why did French President Emmanuel Macron decide to dissolve parliament and call for snap elections?

    • Strategic Decision: Macron dissolved parliament three years early to seek a clear majority for governance. His centrist bloc suffered a major defeat in the European Parliament elections against the RN. The decision aimed to consolidate votes against the rising far-right influence.
    • Low Approval Ratings: Macron’s approval ratings plummeted to 36%. The snap election was seen as a gamble to prevent the RN from gaining more power.

    How did the far-right National Rally become so popular?

    • Rebranding and Policy Changes: Under Marine Le Pen, the RN rebranded from the National Front (FN). The party softened its stance on extreme policies, like leaving the EU.
    • Response to Societal Issues: Capitalized on fears of cultural clashes, cost-of-living crises, and dissatisfaction with Macron’s policies. Opposed immigration and advocated for ‘national priority’ policies favoring French citizens in social services.
    • Political Strategy: Increased its presence in provincial towns and among blue-collar workers. Rose from 7 seats to 89 in the French parliament in 2022, aiming for 240-300 seats now.

    How are the two rounds of elections conducted in France?

    • First Phase: Equivalent to a qualifying round where candidates need at least 12.5% of locally registered votes.Candidates who get more than half the votes win outright.
    • Second Phase: Candidates meeting the qualifying criteria move to the second round. Common practice of ‘horse-trading’ where parties form alliances to avoid splitting votes.
    • Overall Structure:577 seats in the French parliament. A party needs 289 seats for an absolute majority.

    Why have left-wing parties also formed a bloc?

    • Republican Front Strategy: Centrist and left-wing parties team up to prevent right-wing parties from gaining power.Formation of the New Popular Front is a reference to the 1936 alliance against far-right rioters.
    • Electoral Tactics: Over 200 candidates from centre and left alliances have dropped out to consolidate votes against the RN. Aimed at countering the RN’s rise and preventing fragmentation of the anti-RN vote.
    • Challenges and Unity: Presence of controversial leftist figures like Jean-Luc Mélenchon has made the unity fragile.Despite internal differences, the bloc aims to present a united front against the far-right surge.

    Conclusion: The rise of the far-right National Rally in France may lead to stricter immigration policies, affecting Indian students, workers, and diaspora. Economic relations could face uncertainties, impacting trade and bilateral cooperation. So,India’s diplomatic strategies may need adjustments to navigate the changing political landscape in France.

    Mains PYQ: 

    Q Critically examine the procedures through which the Presidents of India and France are elected. (UPSC IAS/2022)

  • [3rd July 2024] Great expectations, liberalism in dark times

     

    PYQ Relevance:

    Mains: 

    Q. In the context of the neo-liberal paradigm of development planning, multi-level planning is expected to make operations cost-effective and remove many implementation blockages.” Discuss. (UPSC IAS/2019)

    Q. ‘Whether National Commission for Scheduled Castes (NCSC) can enforce the implementation of constitutional reservation for the Scheduled Castes in the religious minority institutions? Examine. 

     (UPSC IAS/2018)

    Note4Students: 

    Prelims: Definition of Liberalism;

    Mains: Challenges to liberalism;

    Mentor comment: Politics, like philosophy, aims to reconcile diversity, where contradictions converge in a multicultural society. Understanding this harmony reflects an idealistic state that prioritizes coexistence and universal welfare. However, global democratic history reveals ongoing challenges to liberalism, which safeguards against authoritarianism and protects civil rights. Amid rising sectarianism, the fundamental question persists: Who deserves basic rights? This issue underscores civil discrimination, racial politics, and xenophobia, exacerbated by the rise of right-wing nationalism and global migration dynamics.

    Let’s learn.

    –

    Why in the News?

    There remains a glimmer of hope in the resilience of democratic forces, which can effectively counteract and uproot any divisive political aberration when the time is ripe.

    What is Liberalism?

    • Liberalism is a political and philosophical ideology that emphasizes individual rights, liberty, equality under the law, and limited government intervention in personal and economic affairs. It advocates for freedoms such as freedom of speech, press, religion, and assembly, and supports democratic processes, rule of law, and protection of civil liberties. Liberalism typically promotes social progress through tolerance, pluralism, and a commitment to human rights and justice.

     

     Electoral outcomes

    • Shift in Public Opinion: There is a noticeable shift towards conservative and right-wing ideologies, marked by sentiments such as climate scepticism, anti-migration views, and nationalism. This trend was reflected in recent elections both in Europe and India.
    • Voter Response: Despite expectations favouring right-wing outcomes, the electorate, particularly in India, was surprised with a strong rejection of what was perceived as authoritarianism and communalism. This indicates a robust defense of democratic values and fundamental rights.
    • Impact on Minority Communities: The election results have been seen as a reassurance to minority communities, particularly Muslims, who felt marginalized and insecure due to perceived policies of exclusion and communal tension.
    • Democratic Fortitude: The outcome is portrayed as a reaffirmation of democracy’s strength in allowing for checks and balances against oppressive regimes and divisive politics.
    • Hope for Robust Opposition: There is optimism about the emergence of a strong opposition capable of holding the government accountable, promoting debate, and safeguarding diverse civil society interests.
    • Challenges and Aspirations: The electorate expects rational governance, justice, and responsiveness to marginalized groups’ issues such as poverty, unemployment, and hunger.
    • Ethical Governance: Emphasis is placed on governance that respects human rights universally, avoiding discrimination or exclusion based on ethnicity, religion, or political affiliation.

    Verdict and the Advent of Hope

    • Challenge to Democracy: The passage highlights a global erosion of democratic values, with right-wing governments accused of manipulating truth and resorting to oppressive tactics to maintain power.
    • Call for Tempered Liberalism: There’s a plea for ruling dispensations to embrace a more moderate form of liberalism, abandoning illiberal practices that undermine democratic norms and freedoms.
    • Role of Opposition: Expectations are set on opposition alliances to uphold principles of humility, pluralism, and modesty, providing a counterbalance to dominant political forces.
    • Philosophical Reflection: The outcome of elections prompts reflection on political astuteness and statesmanship, essential for navigating the trajectory of democracy amidst global challenges.
    • Natural vs Civil Order: Drawing from Spinoza, the clash between natural self-interest and civil responsibility underscores the necessity of societal order governed by law and morality to prevent chaos and uphold rights.
    • Hope and Scepticism: The Indian electoral outcome reflects a dual sentiment of hope and scepticism, shaping the future direction of democracy and fostering philosophical introspection.

    Challenges to liberalism:

    • Rise of Right-Wing Sentiment: There is a global trend towards right-wing ideologies, marked by climate scepticism, anti-migration sentiment, and nationalist fervour, posing challenges to liberal values and policies.
    • Authoritarianism and Communalism: The resurgence of authoritarianism and communal politics threatens democratic principles and societal harmony, particularly impacting marginalized communities like Muslims.
    • Hope and Despair: The electorate’s response reflects a mix of hope and despair, with optimism placed in a robust opposition and democratic institutions to safeguard fundamental rights and uphold civil society diversity.
    • Balancing Public and Private: The need for a nuanced approach in reconciling private religious beliefs with public, politicized lifestyles without diminishing individual rights is crucial for fostering a tolerant society.

    Way forward: 

    • Policy Reforms: Implement inclusive policies that address economic disparities, social inequalities, and regional disparities effectively. This includes measures to tackle poverty, unemployment, and hunger through targeted welfare programs.
    • Social Integration: Foster initiatives that promote social cohesion and integration across diverse communities. Encourage dialogue and understanding among different cultural and religious groups to mitigate communal tensions.
    • Democratic Checks and Balances: Enhance the autonomy and effectiveness of democratic institutions such as the judiciary, election commissions, and anti-corruption bodies. Ensure they operate independently and transparently to uphold democratic principles.
    • Dialogue and Consensus-Building: Foster inclusive decision-making processes that involve stakeholders from diverse backgrounds. Encourage political parties to engage in constructive dialogue and seek consensus on key policy issues.

  • What we know about North Korea’s new ballistic missile test  

    Why in the news?

    North Korea has announced that it has successfully tested a new tactical ballistic missile designed to carry a “super-large warhead”.

    About the Recent Hwasongpho-11 Da-4.5 Test

    • North Korea announced the successful test of a new tactical ballistic missile, Hwasongpho-11 Da-4.5, capable of carrying a “super-large warhead.”The test was conducted with a simulated heavy warhead to verify flight stability and accuracy.
    • The test violates UN prohibitions on North Korea testing ballistic projectiles and is part of their ongoing efforts to advance nuclear capabilities. North Korea’s military plans another launch of the same missile type in July to test the “explosion power” of the super-large warhead.

    South Korea’s Reaction

    • Dismissal as Deception: South Korea’s Joint Chiefs of Staff spokesperson, Colonel Lee Sung-jun, dismissed the test as likely “deception,” questioning the success of the inland test-fire.
    • Artillery Drills: South Korea’s military conducted artillery drills near the Military Demarcation Line in response.
    • Military Pact Suspension: These drills resumed following North Korea’s launch of balloons carrying garbage into South Korea, which led to the suspension of a military pact with Pyongyang.
    • Concerns Over Russia Ties: South Korea is increasingly worried about North Korea’s warming relations with Russia, suspecting North Korea of supplying ballistic missiles and artillery shells to Russia, despite both countries denying these allegations.

    Geopolitical Implications on the Indo-Pacific Region

    • Increased Tensions: North Korea’s missile tests exacerbate tensions in the Indo-Pacific region, raising security concerns among neighbouring countries and global powers.
    • Regional Arms Race: The tests could prompt an arms race, with countries like South Korea and Japan potentially enhancing their military capabilities in response.
    • US and Allies’ Response: The United States and its allies in the region may increase military presence and conduct joint exercises to counter North Korea’s missile advancements.
    • Impact on Diplomacy: The tests complicate diplomatic efforts to denuclearize the Korean Peninsula and might lead to further sanctions and isolation of North Korea.
    • China’s Role: China’s influence in the region and its relationship with North Korea could be pivotal in addressing the security challenges posed by these missile tests.

    Way forward ( What can India do?)

    • Strengthen Regional Alliances and Diplomatic Engagements: India should enhance its collaboration with key regional players like Japan, South Korea, and ASEAN countries to ensure collective security and stability in the Indo-Pacific region.
    • Enhance National Defense Capabilities: India should focus on bolstering its own defense infrastructure and capabilities to prepare for any potential threats arising from the increased militarization in the region.

    Mains PYQ: 

    Q The new tri-nation partnership AUKUS is aimed at countering China’s ambitions in the Indo-Pacific region. Is it going to supersede the existing partnerships in the region? Discuss the strength and impact of AUKUS in the present scenario. (UPSC IAS/2021)

  • France: India’s steady partner in green growth

    Why in the news?

    On July 14, 2023, in Paris, President Emmanuel Macron and Prime Minister Narendra Modi elevated the ‘Partnership for the Planet’ to one of the three central pillars of the Indo-French Horizon 2047 Roadmap.

    Indo-French Horizon 2047 Roadmap are:

    • Strategic Partnership: Enhancing defense, security, and geopolitical ties.
    • Economic Partnership: Promoting trade, investments, and sustainable development.
    • Partnership for the Planet: Focusing on environmental sustainability and green technologies.

    India- France Bilateral Ties   

    • Strategic Partnership: India and France established a strategic partnership in 1998, which covers cooperation in defense, civil nuclear energy, space, and security. This partnership is considered a cornerstone of their bilateral ties.
    • High-Level Exchanges: There have been frequent high-level exchanges between the leaders of both countries, including state visits and participation in each other’s national events like the Republic Day parade. This demonstrates the close political ties.
    • Defense Cooperation: Defense is a major pillar of the India-France partnership. The two countries conduct joint military exercises, collaborate on defense equipment manufacturing, and have an “intelligence and information exchange” mechanism.
    • Space Cooperation: India and France have robust space cooperation, including co-development and launch of satellites, research on new launch technologies, and connecting startups. They recently launched a Strategic Space Dialogue to guide their space partnership.
    • Convergence on Indo-Pacific: Both countries share concerns over China’s assertiveness in the Indo-Pacific region. They have agreed to intensify cooperation in the strategically important Southwest Indian Ocean and work with other like-minded countries to address regional security challenges.

    How France is India’s steadfast partner to achieve its sustainability goals?

    • Financial Support: France, through the French Development Agency (AFD) and Proparco, has committed substantial financial resources to India. This includes over €4 billion since 2008 for nearly 100 projects, with a significant focus on climate change mitigation and adaptation.
    • Strategic Focus Areas: Cooperation spans key sectors like energy transition, sustainable urban development, biodiversity conservation, resilience of territories, and reduction of inequalities. These efforts contribute directly to India’s sustainable development agenda.
    • Project Implementation: AFD’s involvement in projects such as metro systems in Pune and Nagpur, forest conservation in Rajasthan, and urban water management across 20 cities demonstrates tangible contributions to India’s environmental and social sustainability.
    • Partnership in Innovation: Collaborative initiatives underpinning innovation, including the Indo-French Year of Innovation in 2026, aimed at fostering solutions that integrate social inclusion with environmental sustainability.
    • Indo-Pacific Engagement: Strengthening bilateral ties with an Indo-Pacific dimension, focusing on initiatives like the Indo-Pacific Parks Partnership and joint funds for scaling up green technologies, showcasing France’s commitment to regional sustainability efforts.

    Private sector-led projects

    • Investment in Agriculture: Proparco’s €11.2 million investment in Sahyadri, supports farmer-led initiatives to reduce farm losses, pesticide and fertilizer use, and enhance yields and produce quality.
    • Healthcare Investments: Proparco’s €33 million equity investment in Quadria, aimed at improving access to affordable quality healthcare in underserved regions of India and Southeast Asia.
    • Innovation and Sustainability: Emphasis on innovative solutions blending social inclusion with sustainability, such as through the Indo-French Year of Innovation in 2026 and joint efforts to scale up green technologies in the Indo-Pacific region.

    Way forward: 

    • Strengthen bilateral agreements to facilitate smoother cooperation and ensure compliance with international sustainability standards.
    • Foster deeper public-private partnerships to leverage expertise, funding, and innovation for sustainable development projects.
    • Promote continuous high-level dialogues and joint initiatives to address global challenges, enhance regional security, and drive economic growth and environmental sustainability.

    Mains PYQ:

    Q What were the events that led to the Suez Crisis in 1956? How did it deal a final blow to Britain’s self-image as a world power? (UPSC IAS/2014)

  • At the end of Pride Month, assessing the LGBTQIA+ communities’ rights   

    Why in the news? 

    Every June, Pride Month is celebrated globally to honour the contributions of LGBTQIA+ community members and to promote love, diversity, and acceptance.

    Varying rights and status of LGBTQIA+ communities across the world:

    • Legalization and Criminalization of Same-Sex Acts: The legal status of same-sex acts varies significantly while 37 countries have fully legalized same-sex marriage, 59 countries still penalize any expression of queerness, with severe punishments in some regions.
    • Marriage Rights: Same-sex marriage is legal in 37 countries, banned in 79 countries, and in some places, same-sex couples can only opt for civil unions, leaving their status partially recognized.
    • Employee Protections: Legal protections for queer employees are inconsistent. While 27 countries offer legal aid based on sexual orientation, 90 countries lack any legal protections for queer employees. India and three other countries provide legal aid based on gender identity, including transgender persons.
    • Adoption Rights: Adoption rights for same-sex couples also vary. In 39 countries, same-sex parents can adopt children, while 45 countries ban this practice. In 100 countries, single parents can adopt under certain conditions, similar to India’s laws.
    • Social and Legal Challenges: Despite legal advancements in some areas, LGBTQIA+ individuals globally continue to face significant social and legal challenges, including discrimination, harassment, and exclusion, with varying levels of legal aid and recognition depending on the country.

    Indian Scenario

    • Decriminalization of Homosexuality: In 2018, the Supreme Court of India partially struck down Section 377 of the Indian Penal Code, decriminalizing homosexuality. Same-sex couples have the right to cohabitation but not to legal marriage or unions.
    • Discrimination and Harassment: Queer individuals in India still face significant discrimination, harassment, and exclusion.
    • Legal Protections for Transgender and Intersex Individuals: The Transgender Persons (Protection of Rights) Act, 2019, prohibits unfair treatment in employment, education, healthcare, public facilities, and residence. Legal recourse is available for discrimination based on gender identity but not sexual orientation.
    • Adoption Rights: Same-sex couples cannot be recognized as co-parents to an adopted child. Single prospective adoptive parents, regardless of marital status, are allowed to adopt under the Juvenile Justice (Care and Protection of Children) Act, 2015.

    Way forward: 

    • Expand Legal Recognition: Countries should work towards fully recognizing same-sex marriages and providing comprehensive legal protections against discrimination based on sexual orientation and gender identity.
    • Education and Awareness: Implement nationwide educational programs to raise awareness about LGBTQIA+ issues, combat stereotypes, and promote understanding and acceptance. This can involve incorporating LGBTQIA+ history and rights into school curriculums and conducting public awareness campaigns.
    • Economic Opportunities: Ensure equal opportunities in the workplace by promoting diversity and inclusion policies, providing sensitivity training for employers, and supporting LGBTQIA+ entrepreneurs. Governments and organizations can offer grants, mentorship programs, and other resources to empower LGBTQIA+ individuals economically.

    Mains PYQ: 

    Q ‘Women’s movement in India has not addressed the issues of women of lower social strata.’ Substantiate your view. (UPSC 2018)

  • India seeks Tariff Elimination on key items in CEPA Talks with South Korea

    Why in the News?

    • India wants, South Korea to eliminate tariffs on items such as varieties of meat, milk, fruits, fish, stones, yarn, and petroleum products.
      • These items were previously exempted or protected against steep cuts in the India-Korea Comprehensive Economic Partnership Agreement (CEPA).

    What is CEPA?

    Details
    Definition A CEPA is a broad trade agreement that encompasses trade in goods and services, investments, intellectual property rights, and economic cooperation.
    Key Components
    • Trade in Goods: Reduction/elimination of tariffs and non-tariff barriers.
    • Trade in Services: Liberalization of service sectors.
    • Investment: Protection and promotion of investments.
    • Intellectual Property Rights (IPR): Strengthening protection of IPR.
    • Economic Cooperation: Collaboration on economic and technical aspects.
    • Dispute Resolution: Mechanisms for resolving disputes.
    Objectives
    • Enhance bilateral trade.
    • Promote investment.
    • Foster economic integration.
    • Encourage innovation and economic growth.
    Examples
    • India-Japan CEPA: Signed in 2011, focuses on tariff reduction, service trade liberalization, and investment promotion.
    • India-Mauritius CECPA: Effective from April 2021, includes provisions on trade in goods, services, and investment.
    • India-UAE CEPA: Entered into force on May 1, 2022
    Significance for India
    • Economic Growth: Provides new markets for Indian goods and services.
    • Job Creation: Increased trade and investment can create jobs.
    • Technological Advancements: Access to new technologies and best practices.
    • Strategic Partnerships: Strengthens economic and strategic ties.
    Challenges
    • Implementation Issues: Requires robust legal and institutional frameworks.
    • Domestic Industry Impact: Concerns about increased competition.
    • Regulatory Harmonization: Differences in regulatory standards can pose challenges.

    India-South Korea CEPA: A quick recap

    • The India-South Korea CEPA was signed in August 2009 and implemented in January 2010.
    • It covers trade in goods, investments, services, and bilateral cooperation.
    • Tariff Concessions:
      • India offered tariff elimination or concessions on 83.8% of tariff lines from South Korea.
      • While South Korea offered concessions on 93.2% of tariff lines.

    Upcoming Negotiations

    • Trade Deficit Focus: Narrowing the trade deficit with South Korea is high on India’s agenda.
    • Stakeholder Involvement: Indian industry stakeholders have been provided with a draft request list and asked to suggest more items for tariff cuts or propose deletions if needed.
    • Standards and Technical Barriers: The Department of Commerce has requested the industry to share issues related to SPS (Sanitary and Phytosanitary) and TBT (Technical Barriers to Trade) standards faced while exporting to South Korea.

    Back2Basics:

    Sanitary and Phytosanitary (SPS) Measures:

    • SPS measures are protocols implemented by countries to protect human, animal, and plant life from diseases, pests, and contaminants. 
    • These measures are primarily focused on ensuring the safety of food products and preventing the spread of diseases and pests across borders.
    • SPS measures must be based on scientific evidence and risk assessments to ensure they are appropriate and effective.
    • Examples: quarantine requirements for imported plants and animals, limits on pesticide residues in food, and import bans from regions affected by specific diseases.

    Technical Barriers to Trade (TBT):

    • TBT are regulations and standards related to product safety, quality, and environmental impact.
    • They aim to protect human health and safety, animal and plant life, the environment, and to prevent deceptive practices.
    • These measures should not create unnecessary obstacles to international trade and must be transparent and non-discriminatory.
    • Examples: Labeling requirements for food products, safety standards for electrical appliances, and environmental regulations for vehicle emissions.

    Major Issue: Trade Deficit Concerns

    • Trade Deficit Focus: Reducing the trade deficit with South Korea is a key discussion point for India.
      • Before CEPA (2007-09), India’s average exports to South Korea were $3.4 billion, with imports at $7.3 billion, leading to an average trade deficit of $4 billion.
    • Trade Statistics: In 2023-24, India’s imports from South Korea were $21.13 billion, while exports were only $6.41 billion.
    • Post-CEPA Data: After CEPA (2022-24), average exports increased to $7.1 billion, and imports surged to $19.9 billion, resulting in an average trade deficit of $12.8 billion.
    • GTRI Analysis: The Global Trade and Research Initiative (GTRI) report indicates a 220% increase in the trade deficit from the pre-CEPA period to the post-CEPA period.

    PYQ:

    [2015] The terms ‘Agreement on Agriculture’, ‘Agreement on the Application of Sanitary and Phytosanitary Measures’ and Peace Clause’ appear in the news frequently in the context of the affairs of the:

    (a) Food and Agriculture Organization

    (b) United Nations Framework Conference on Climate Change

    (c) World Trade Organization

    (d) United Nations Environment Programme

  • On Tamil Nadu’s financial distress   

    Why in the news?

    At a June 22 meeting for Union Budget 2024-25, Tamil Nadu’s Finance Minister Thangam Thennarasu requested ₹63,246 crore for Chennai Metro Rail Phase-2, ₹3,000 crore for disaster restoration, and increased unit costs for centrally sponsored schemes.

    How are the funds for phase two of the Chennai Metro Rail distributed?

    • Funding Agencies and International Support: Chennai Metro Rail Phase-2 is financed by multiple international agencies, including the Japan International Cooperation Agency (JICA), Asian Development Bank (ADB), Asian Infrastructure Investment Bank (AIIB), and New Development Bank (NDB).
    • State Government Contributions: Up to March 31, 2024, the Tamil Nadu government sanctioned ₹5,400 crore as share capital for the Chennai Metro Rail Limited (CMRL) and ₹12,013.89 crore as subordinate debt, bearing the entire expenditure due to delays in approval from the Union Cabinet Committee on Economic Affairs (CCEA).

    Is the Centre stalling the funds for the metro project?

    Approval Status:

    • Public Investment Board: The Chennai Metro Rail Project’s Phase-2 was approved by the Public Investment Board (PIB) as a Central sector project under the equity sharing model in August 2021.
    • Union Cabinet Committee on Economic Affairs: The project has been awaiting approval from the Union Cabinet Committee on Economic Affairs (CCEA) since then.

    State Government Actions:

    • Foundation Stone: Despite the pending approval, the foundation stone for the phase was laid by Union Home Minister Amit Shah in November 2020 when the AIADMK was in power.
    • Ongoing Expenditure: The Tamil Nadu government continues to fund the project independently, stressing its finances and urging the Centre to sanction the project under the 50:50 equity sharing model as was done for Phase 1.

    What about funds released by the Centre for restoration work after natural disasters in the State?

    • Initial Request by Tamil Nadu: Tamil Nadu submitted detailed memoranda to the Union government, seeking approximately ₹37,906 crore for restoration works following two natural disaster spells in 2023.
    • Initial Central Release: The Union government initially released a sum of ₹276 crore for immediate restoration efforts.
    • Additional Approvals: The Union Ministry of Home Affairs (MHA) later approved additional assistance of ₹285.54 crore and ₹397.13 crore for the two disaster spells.
    • Disbursed Amounts: From these approvals, a total of ₹115.49 crore and ₹160.61 crore were disbursed under the National Disaster Response Fund (NDRF).
    • State Disaster Response Fund (SDRF): The Union government’s order also mentioned ₹406.57 crore as the 50% available in the State Disaster Response Fund (SDRF) account of Tamil Nadu as of April 1, 2023.

    Way forward: 

    • Metro Rail Project: The Union government should prioritize and expedite the approval process for significant infrastructure projects like the Chennai Metro Rail Phase-2. This can be achieved by setting stricter timelines for the Union Cabinet Committee on Economic Affairs (CCEA) to finalize decisions.
    • Natural Disaster Restoration: The Centre should reassess the current disaster relief funding mechanism to ensure timely and adequate financial support for states hit by natural disasters.

    Mains PYQ:

    Q Discuss the recent measures initiated in disaster management by the Government of India departing from the earlier reactive approach. (UPSC IAS/2020)

  • New criminal laws in effect; amendments soon

    bns

    Why in the news? 

    Despite objections from the Opposition-ruled States, three new criminal laws took effect nationwide. Union officials emphasized States’ autonomy to amend certain provisions of the Bharatiya Nagrik Suraksha Sanhita (BNSS)

    New Laws Introduced:

    • Bharatiya Nagrik Suraksha Sanhita (BNSS) replaces the Code of Criminal Procedure (CrPC).
    • Bharatiya Nyaya Sanhita (BNS) replaces the Indian Penal Code, 1860.
    • Bharatiya Sakshya (BS) replaces the Indian Evidence Act, 1872.

    Procedural and Evidence Reforms:

    • Cognisable Offences: From July 1, cognisable offences will be registered under Section 173 of BNSS instead of Section 154 of CrPC.
    • Audio-Video Recording: Mandatory audio-video recording of search and seizure operations and compulsory forensic examinations for offences with punishments of seven years or more, with electronic submission of evidence to the court.

    Some provisions of the Bharatiya Nagrik Suraksha Sanhita (BNSS) that replace the Code of Criminal Procedure (Cr.PC.)

    • Procedure for Arrest and Custody: BNSS prescribes new procedures and conditions for arrest, including bail provisions and custody arrangements.
    • Evidence Handling: Mandatory audio-video recording of search and seizure operations in all criminal cases, ensuring transparency and accountability. Compulsory forensic examinations in cases where the offence attracts a punishment of seven years or more.
    • Electronic Submission: All recordings and forensic evidence must be submitted electronically to the court without delay, enhancing efficiency and reducing paperwork.

    About handholding and electronic evidence

    • Training and Support: The Union government has provided comprehensive training and hand-holding for all States to facilitate the transition to the new criminal justice system under BNSS, BNS, and BS.
    • Crime and Criminal Tracking Network Systems (CCTNS): Upgrades to CCTNS enable the filing of e-FIRs and zero FIRs, allowing for remote registration of complaints without the need to visit a police station. CCTNS software has been modified to support FIR registrations in languages other than English and Hindi, ensuring accessibility across linguistic barriers.
    • eSakshya Mobile Application: Under testing, the eSakshya app assists police in recording crime scenes, search operations, and gathering evidence. It facilitates the secure uploading of recorded data to a cloud-based platform hosted by the National Informatics Centre, ensuring data integrity and accessibility.
    • State-Level Preparations: States like Delhi have developed specific applications, such as e-pramaan, to aid in the recording of crime scenes and the generation of digital certificates under the new laws. Some states have distributed necessary equipment like tablets and mobile devices to police stations to ensure compliance with recording and evidence collection requirements.
    • Forensic Capability Timeline: While the BNSS mandates forensic examinations for offences punishable by over seven years imprisonment, states have been given until June 2029 to enhance their forensic capabilities. This includes training police officials in proper evidence collection methods and the use of available resources until full upgrades are completed.

    Way Forward: 

    • Continued Collaboration and Feedback Mechanism: Establish a structured feedback mechanism between the Union government and States to address implementation challenges and refine the new criminal laws, ensuring effective collaboration.
    • Enhanced Public Awareness and Training: Conduct extensive public awareness campaigns and provide ongoing training sessions for law enforcement personnel on the use of new technologies and procedures introduced under BNSS, BNS, and BS.