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

Civilsdaily

Login

GS Paper: GS2

  • [4th June 2024] The Hindu Op-ed: Property is real, and so should the ‘compensation’

    [4th June 2024] The Hindu Op-ed: Property is real, and so should the ‘compensation’

    Mains PYQ Relevance: 

    Q) Starting from inventing the ‘basic structure’ doctrine, the judiciary has played a highly proactive role in ensuring that India develops into a thriving democracy. In light of the statement, evaluate the role played by judicial activism in achieving the ideals of democracy. (UPSC IAS/2014)

    Q) The Supreme Court of India keeps a check on the arbitrary power of the Parliament in amending the Constitution. Discuss critically. (UPSC IAS/2013)

    Note4Students: 

    Prelims:  Article 300-A;

    Mains: The decision of the Supreme Court in Kolkata Municipal Corporation;

    Mentor comments: A frequently cited maxim regarding property rights is that of President John Adams, who stated, “Property is surely a right of mankind as real as liberty.” This notion of property as a fundamental right has undergone significant developments in the post-colonial era, with the right to property being fiercely contested between courts and the legislature.

    Let’s learn

    —

    Why in the News?

    The recent Supreme Court decision in “Kolkata Municipal Corporation & Anr. v. Bimal Kumar Shah & Ors” has clarified that Article 300-A of the Indian Constitution, which guarantees that no person shall be deprived of their property except by authority of law, encompasses seven essential procedural sub-rights that must be protected during land acquisition.

    Background 

    • Origin: The genesis of the power struggle over the right to property in India dates back to the case of Bela Banerjee, which involved the interpretation of Articles 19(1)(f) and 31(2) of the Constitution before the amendment. The Supreme Court held that the word “compensation” in Article 31(2) implied a just equivalent of what the owner had been deprived of. To undo this interpretation, the Constitution (Fourth) Amendment was passed in 1955, amending Article 31(2) to explicitly state that courts could not question the adequacy of compensation.
    • Substituting the word “compensation” with “amount,”: they held that although the final compensation was non-justiciable, the principles fixed by the legislature to determine such compensation were open to scrutiny. Parliament realised that the word “compensation” in Article 31(2) was the source of the problem. The Constitution (Twenty-Fifth) Amendment Act, 1971, substituted the word “compensation” with “amount,” effectively keeping the courts from interpreting the adequacy of such “amount” through judicial review.
    • Supreme Court response: The validity of the Constitution (Twenty-Fifth) Amendment Act, 1971, was upheld in Kesavananda Bharati, but the Supreme Court watered down the intended effect of the amended Article 31(2) through an interpretive process. The majority in Kesavananda Bharati held that though the adequacy of the amount paid was not justiciable, the courts could still examine whether the principles fixed for determining such compensation were relevant, effectively reinstating what Justice Shah had said in the Bank Nationalisation Case. After this decision, Parliament was convinced that the Right to Property remained a thorn in the goal of achieving a socialist state, as it was seen as a citadel of the bourgeoisie.

    Major changes:

    • Constitution (44th Amendment) Act, 1978: The Janata Party, which came to power after the 1977 general election, passed the Constitution (44th Amendment) Act, 1978. This amendment deleted Article 19(1)(f) and Article 31 from Part III of the Constitution and rehabilitated the right to property as a constitutional right under Article 300-A.
    • Right to property is not absolute: Article 300-A states that “no person shall be deprived of his property save by authority of law.” This provision emphasizes that the property right is not absolute and can be regulated by law.
    • Impact on the Right to Property: The deletion of Article 19(1)(f) and Article 31 led to a significant change in the Right to Property. The Right to Property was no longer a fundamental right, but a constitutional right that could be regulated by law.
    The arguments in the favour of Right to property

    Justice K.K. Mathew’s Observation: Justice K.K. Mathew, a dissenting judge in Kesavananda Bharati, believed that the right to own and acquire property was a fundamental right and should not have been excluded from the basic features of the Constitution.

    Professor P.K. Tripathi’s Views: Professor P.K. Tripathi argued that the deletion of Article 31 was a mistake and that the Right to Property was still protected by Article 300-A. He believed that “compensation” in Article 300-A meant the market value of the property at the time of acquisition.

    Supreme Court Interpretations: The Supreme Court has held that the Right to Property is not only a constitutional right but also a human right. In cases like M.C. Mehta and B.K. Ravichandra, the Court emphasized that laws depriving individuals of their property must be just, fair, and reasonable and that Article 300-A’s guarantee cannot be read down

    The recent decision of the Supreme Court in Kolkata Municipal Corporation has fleshed out seven different facets which are protected under Article 300-A-

    Seven Facets Protected:

    1. The right to notice
    2. The right to be heard
    3. The right to a reasoned decision
    4. The duty to acquire only for public purpose
    5. The right of restitution or fair compensation
    6. The right to an efficient and expeditious process
    7. The right of conclusion
    • Right to Restitution or Fair Compensation: The Supreme Court has reiterated that a person deprived of land by the state in the exercise of its power of eminent domain is entitled to be paid compensation which is just and reasonable.
    • Position in the Bela Banerjee Case: The Court has judicially affirmed the position prevailing when the unamended Article 31 was in force, and the interpretation expounded in the Bela Banerjee case on the aspect of payment of compensation.
    • Protection of Property: The decision in Kolkata Municipal Corporation vindicates the prophetic words of Prof. P.K. Tripathi, that in enacting the Forty-Fourth Amendment and deleting Articles 19(1)(f) and 31, Parliament has unwittingly given the property of a citizen the kind of protection it has never enjoyed before either in British or in independent India

    Way forward:

    • Ensure that the acquisition process is transparent and follows the prescribed procedures outlined in the Land Acquisition Act, 1894, and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 
    • Ensure that the procedures are documented and easily accessible to all stakeholders.

  • The delicate balancing of health-care costs    

    Why in the news?

    With growing health disparities and inconsistent access to medical services, the need for fair and sustainable healthcare policies has never been more pressing.

    Private Healthcare System in India

    • Private hospitals in India, especially those accredited by the Joint Commission International (JCI) and National Accreditation Board for Hospitals (NABH), are hubs of specialised care and innovation.
    • These institutions invest heavily in top-tier infrastructure and advanced technologies, significantly enhancing patient outcomes, particularly in complex procedures. Integration of telemedicine and remote care is common, broadening access and building patient trust.

    Price Caps, Quality, and Innovation

    • Affordability vs. Quality: The Supreme Court’s deliberation on standardising medical procedure rates across government and private sectors highlights the tension between affordability and quality. A study indicates a 15% increase in patient dissatisfaction in hospitals under financial pressure from price caps
    • Impact on Innovation: Price caps could slow the development of new treatments and technologies, particularly in high-investment fields like cancer research and robotic surgery. Value-based pricing, where payments reflect health outcomes rather than service volume, is proposed as a potential solution.
    • Economic Implications: Properly implemented rate standardisation can alleviate healthcare disparities but must avoid destabilising providers’ economic health. Dynamic pricing models, which adjust based on medical complexity and patient financial status, are recommended. Thailand’s tiered pricing system is cited as a successful example.

    Legal and regulatory challenges

    • No regulation on Rate Fixation: States like Rajasthan and Tamil Nadu have identified significant gaps in the provisions for rate fixation, indicating a need for more robust legal frameworks to ensure fair and standardised pricing across different regions.
    • Inadequate Laws as per Local Conditions: Current laws may not adequately consider local demographic and economic conditions, necessitating reforms that allow for more customised approaches to healthcare cost management.
    • Lack in uniform regulation: Moreover,” the Clinical Establishment Act of 2011″, aimed at setting standards for quality, transparency, and accountability, has been adopted by only a few states, and its implementation remains lax​​. This lack of uniform regulation allows for wide disparities in service costs and quality.

    Role of Data in Shaping Policies

    • Data-Driven Insights: Predictive analytics can foresee the long-term impacts of rate fixation on healthcare innovations, helping policymakers adjust regulations to encourage innovation and accessibility.
    • Pilot Projects: Implementing pilot projects in select districts can gauge the impact of rate caps on healthcare quality and innovation.

    Way Forward 

    • Balanced Pricing Models: Implement value-based pricing where payments are linked to health outcomes rather than the volume of services provided.
    • Supporting Innovation: Allocate government subsidies and grants for research and development in private hospitals.

    Mains PYQ

    Q Appropriate local community-level healthcare intervention is a prerequisite to achieve ‘Health for All’ in India. Explain. (UPSC IAS/2018)

  • India to Chair ‘Colombo Process’

    Why in the News?

    India has become chair of the regional grouping “Colombo Process” for the first time since its inception in 2003.

    What is the Colombo Process?

    • The Colombo Process, established on March 19, 2003, in Colombo, Sri Lanka, is a regional consultative initiative addressing challenges faced by migrant workers from South and Southeast Asia.
    • Objective:
      • Primary Goal: The Colombo Process aims to enhance the management of contractual labour migration from Asian countries.
      • Focus: It seeks to safeguard the rights and welfare of migrant workers while maximizing the benefits of labour migration for both sending and receiving countries.
    • The Process is non-binding and decision-making is by consensus.

    Membership:

    • Initial Composition: Initially comprising 11 member countries, including Afghanistan, Bangladesh, China, India, Indonesia, Nepal, Pakistan, the Philippines, Sri Lanka, Thailand, and Vietnam.
    • Expansion: The Process has since expanded to include additional countries like Cambodia and Myanmar.

    Five Thematic Area Working Groups (TAWGs) i.e. 

    1. Skills and Qualification Recognition (chaired by Sri Lanka);
    2. Fostering Ethical Recruitment (chaired by Bangladesh);
    3. Pre-Departure Orientation and Empowerment (chaired by the Philippines);
    4. Remittances (chaired by Pakistan) and
    5. Labour Market Analysis (chaired by Thailand).

    Key Focus Areas:

    • Policy Development: Addressing various aspects of labour migration, including policy development, capacity building, data collection, and sharing best practices.
    • Rights Protection: Ensuring the protection of migrant workers’ rights, skills recognition, ethical recruitment, and combating human trafficking and irregular migration.

    Activities and Initiatives:

    • Dialogue Platforms: Regular meetings, conferences, and workshops serve as platforms for dialogue and cooperation among member countries.
    • Guidelines and Toolkits: Development of guidelines, toolkits, and policy frameworks to assist member countries in effectively managing labour migration.
    • Collaboration: Collaboration with international organizations such as the International Labour Organization (ILO) and the International Organization for Migration (IOM) to implement joint initiatives and projects.

    PYQ:

    [2022] ‘India is an age-old friend of Sri Lanka.’ Discuss India’s role in the recent crisis in Sri Lanka in light of the preceding statement.

  • India and the ‘managed care’ promise

    PYQ Relevance

    Q Public health system has limitations in providing universal health coverage. Do you think that the private sector can help in bridging the gap? What other viable alternatives do you suggest? (UPSC IAS/2015)

    Q The increase in life expectancy in the country has led to newer health challenges in the community. What are those challenges and what steps need to be taken to meet them? (UPSC IAS/2022)

    Mentor Comment: Health insurance, now central to India’s UHC policy, is being enhanced by digital advancements, enabling reforms akin to the U.S. but with cost-effective local adaptations. A South Indian healthcare chain recently integrated insurance and care provision, forming an Indian-style MCO. This prompts reflection on MCOs’ potential to extend universal health care in India significantly.

    Let’s learn_ _ 

    Why in the news?

    Universal healthcare poses a multifaceted challenge, yet managed care organizations may offer a piece of the solution that Indian healthcare requires.

    What is a Managed Care Organization?

    • A Managed Care Organization (MCO) is a health care company or a health plan that is focused on managed care as a model to limit costs, while keeping quality of care high.

    The background of Managed Care Organizations (MCOs) in the United States and India:

    Evolution of MCOs in the United States:

    •  MCOs have their origins in rudimentary prepaid healthcare practices in the 20th century.
    • The mainstreaming of MCOs gained momentum in the 1970s due to concerns over healthcare costs.The economic slowdown post-1970s made high insurance premiums less attractive to purchasers.
    • A shift occurred towards integrating insurance and healthcare provisioning functions. Focus areas included prevention, early management, and cost control, all under a fixed premium paid by enrollees.
    • MCOs have evolved through multiple generations and forms, deeply penetrating the health insurance market. While evidence of their effectiveness in improving health outcomes and prioritizing preventive care is mixed, they have been effective in reducing costly hospitalizations and associated costs.

    Evolution of MCOs in India:

    • The first public commercial health insurance emerged in the 1980s.The focus has primarily been on indemnity insurance and covering hospitalization costs.
    • There is a significant market for outpatient consultations, valued at nearly $26 billion.
    • Health insurance in India has traditionally lagged behind life and general insurance. The sector faces issues such as lack of innovation and high, often unsustainable, operational costs.
    • As per Thomas (2011), Health insurance has played a secondary role to other forms of insurance. The industry’s operational inefficiencies and high costs have been persistent issues.

    Challenges in India:

    • Lack of Natural Incentives for Cost Control: The evolutionary trajectory of Indian health insurance has not incentivized consumer-driven cost control.
    • Target Demographic: Health insurance has mainly targeted a thin, urban, well-off segment, neglecting broader demographics.
    • Informality in Outpatient Practices: There is widespread informality among outpatient practices, complicating efforts to standardize and regulate care.
    • Lack of Clinical Protocols: The absence of widely accepted clinical protocols hampers the quality and consistency of care.
    • Economic Viability: Unprofitable operations and unaffordable premiums pose significant economic challenges, preventing sustainable growth and systemic improvement.
    • Limited Impact on UHC: Private initiatives, despite their potential, are unlikely to significantly contribute to Universal Health Coverage (UHC) without public support.
    • Insufficient Control Over Patient Journeys: Health insurers have little control over the patient’s journey before hospitalization, limiting their ability to manage early interventions and reduce costs through comprehensive outpatient care.

    Prospective Solutions and Remaining Issues:

    • Potential for Big Healthcare Brands: Large healthcare brands with loyal urban patient bases and substantial resources may initiate successful managed care projects.
    • Need for Public Patronage: Exploring managed care with cautious and incremental public patronage could be promising, indicating a need for government involvement to achieve broader impacts.
    • Underutilization of Outpatient Insurance: Given the low share of insurance in outpatient care spending and the average of three consultations per year per person, there is significant potential to reduce healthcare costs through early interventions and comprehensive outpatient care coverage.

     NITI Aayog Report:

    • Outpatient care insurance scheme: In 2021, NITI Aayog released a report advocating for an outpatient care insurance scheme based on a subscription model to enhance savings through improved care integration.
    • Yield significant benefits: A well-functioning managed care system can yield significant benefits, including consolidating practices, streamlining management protocols, and emphasizing preventive care in the private sector.
    • Catering for the beneficiaries of PMJAY: The report highlights the potential of incentives under the Ayushman Bharat Mission to encourage the establishment of hospitals in underserved areas catering to beneficiaries of the Pradhan Mantri Jan Arogya Yojana (PMJAY).

    Conclusion: While Managed Care Organizations are not a perfect solution, they can play a role in addressing the complexities of achieving Universal Health Coverage (UHC) in India by being part of a broader strategy.

  • Does inequality lead to growth? | Explained

    Why in the news?

    Studies conducted by researchers from “the Paris School of Economics” indicate that inequality in contemporary India surpasses that of colonial times.

    How does Inequality harm Democratic processes?

    • Concentration of Power: Inequality can lead to the concentration of monopoly power among a few capitalists relative to the labor force. This concentration allows dominant business groups to set prices, resulting in lower real wages and reduced purchasing power for the majority.
    • Impact on Consumption and Welfare: High inequality can negatively impact consumption and welfare due to higher mark-ups and lower real wages.
      • Lower real wages mean that workers can afford fewer goods, which reduces overall consumption and welfare.
    • Effect on Democratic Processes: Economic inequality can translate into unequal political power, undermining democratic processes.
      • Those with significant wealth can have disproportionate influence over political decisions, policies, and elections, leading to governance that favours the wealthy over the general populace.

    How Redistribution and Growth Can Work Together

    • Wealth Taxes and Redistribution: Taxing wealth and redistributing it can enhance economic growth by increasing incomes and consumption among the lower and middle classes, who have a higher propensity to consume.
    • Multiplier Effect: Redistribution can strengthen the multiplier effect, where an initial increase in investment leads to a greater overall increase in income and consumption. Higher incomes among workers and goods-sellers lead to more purchases, driving further economic activity and growth.
    • Investment and Profit Expectations: Investment is driven by future profit expectations rather than past wealth. Therefore, taxing wealth does not necessarily reduce investment.
    • Creation of New Entrepreneurs: Redistribution can support the emergence of new entrepreneurs by providing financial resources and reducing dependence on wage employment. This can foster innovation and competition, further contributing to economic growth.
    • Curtailing Monopolies: Reducing monopolistic power through redistribution and other policy measures can lower prices and increase real wages. Higher real wages boost demand, leading to increased investment and economic expansion.

    Conclusion:  Addressing inequality through redistribution can promote inclusive growth, empowering marginalized communities and advancing progress towards a more equitable society, essential for fulfilling SDG Goal 10 (Reduced Inequalities).

     

    Mains PYQ:

    Q How did land reforms in some parts of the country help to improve the socio-economic conditions of marginal and small farmers? (UPSC IAS/2021)

  • [3 June 2024] The Hindu Op-ed: The message from the Andhra Pradesh bifurcation

    [3 June 2024] The Hindu Op-ed: The message from the Andhra Pradesh bifurcation

    PYQ Relevance:

    Mains: 
    Q) The political and administrative reorganization of states and territories has been a continuous ongoing process since the mid-nineteenth century. Discuss with examples. (UPSC CSE 2022)
    Q) In the context of the diversity of India, can it be said that the regions form cultural units rather than the states? Give reasons with examples for your viewpoint. (UPSC CSE 2017)

    Note4Students: 

    Prelims: State Reorganization Acts; 

    Mains: Governance Issues; Regional Disparities; State Reorganization; 

    Mentor comment: In India, the phenomenon of ‘Regional Disparity’ has been a persistent challenge since independence, with some regions experiencing rapid growth while others lag. These disparities manifest in various forms, such as differences in culture and language, per capita income, access to infrastructure development. The same case evolved in 1956 in the form of ‘state reorganization’ on the linguistic lines. Andhra Pradesh was the first state in India after independence to be formed on a linguistic basis. However, after 2014 bifurcation of Andhra Pradesh into – Andhra Pradesh and Telangana created new governance and political doubts in the minds of policy makers. The question is now whether the organization of states should be on a linguistic basis or an administrative basis.

    The bifurcation of Andhra Pradesh which took during 2014 has led to a significant decline in nostalgia (the pain from an old wound) for the shared history of the two regions. People from both sides are now moving on, with little emotional attachment to their past unity.

    Let’s learn.

    –

    Why in the News?

    On June 2, 2024, 10 years will be completed for the bifurcation of Andhra Pradesh and Telangana. At the 10th year, Hyderabad ceases to be the common capital of Andhra Pradesh and Telangana.

    • However, several critical issues related to various corporations and common institutions between residuary Andhra Pradesh and the new state of Telangana still need to be solved.

    About the AP Reorganization Act of 2014:

    • The Andhra Pradesh Reorganisation Bill, 2014 was introduced in Lok Sabha on February 13, 2014, by the Minister for Home Affairs, Mr. Sushil Kumar Shinde.
    • The Bill also proposes consequential amendments to The Representation of the People Act, 1950, the Delimitation of Parliamentary and Assembly Constituencies Order, 2008, and the First and Fourth schedule of the Constitution of India.
    What were the provisions led under the APR Act, of 2014?

    Formation of Telangana: The Bill carves out a separate state called ‘Telangana’ comprising 10 districts of the existing state of ‘Andhra Pradesh’.
    Andhra Pradesh and Telangana will have a common capital, Hyderabad, for 10 years.  After this period, Hyderabad shall be the capital of Telangana only. 

    Role of Governor: The Governor of the existing state of Andhra Pradesh shall be the common Governor for both states for a period determined by the President.  
    As part of the administration, he shall be responsible for (i) security of life, liberty, and property, (ii) law and order, (iii) internal security, (iv) security of vital installations, and (v) management and allocation of government buildings.

    Representation in Parliament: After the bifurcation, Andhra Pradesh will have 11 seats in Rajya Sabha, and Telangana will have 7.  In Lok Sabha, Andhra Pradesh will have 25 seats and Telangana will have 17 seats.

    Representation in the Legislative Assembly and Council: 
    The total number of seats in the Legislative Assembly for Andhra Pradesh will be 175, and for Telangana will be 119.  
    Further, the Governor may nominate one member each, from the
    Anglo-Indian community to the LAs of the successor states.  The Legislative Council (L.C.) of Andhra Pradesh will have a maximum of 50 members, and Telangana, 40 members.

    High Court: The High Court at Hyderabad shall be the common High Court for the successor states for some time.  Following this, it shall become the High Court for the state of Telangana, and Andhra Pradesh shall get a new High Court. 

    Revenue Distribution: The resources allocated by the 13th Finance Commission to the existing state of Andhra Pradesh will be apportioned between the two successor states based on population ratio and other parameters.  

    Treasury and bank balances: The cash and credit balances of the existing state of Andhra Pradesh will be divided between the two successor states based on population ratio by adjusting the credit balances of the two states in the books of the Reserve Bank of India.

    Polavaram Irrigation Project: The central government will execute the irrigation project in consultation with the governments of Andhra Pradesh and Telangana.

    Centre’s assistance for police forces: The central government will assist the two successor states in raising additional police forces.  
    The Greyhound and OCTOPUS forces of the existing state of Andhra Pradesh shall be re-distributed between the two successor states.  

    The Message from the Andhra Pradesh Bifurcation:

    • Regional Economic Disparities (Economic): The economic disparities between the two regions have not been bridged, with Telangana outperforming Andhra Pradesh in terms of per capita GSDP. This gap has remained relatively constant over the years.
      • Urban centers and their surrounding districts are contributing a larger chunk of state revenues, while the agricultural-based regions’ share is negligible.
      • However, the GCRs (Gini Coefficient Ratio) decreased in sectoral district domestic production for all three sectors (Agriculture, industry, and services). The Gini coefficient is often used to measure income inequality.
    • Question on Regional Fault Lines (Administrative): The bifurcation of Andhra Pradesh has exposed regional fault lines, including political, historical, and lifestyle differences.
      • The two regions were under different political authorities for 150 years. During the late medievals, the Nizam gave away the ‘coastal’ and the ‘ceded’ districts (Rayalaseema district) to the European powers. 
      • They were ruled from Golconda and Hyderabad for a long time. However, after the independence, they were together after 1956 (the creation of the first state on a linguistic basis).
      • Such parting of ways has not yet happened with the Kannada-speaking area of the Nizam’s Hyderabad State, nor did it happen as yet with its Marathi-speaking area. 
      • Therefore, the question arises, of unity based on language being frailer compared to those of the shared visions of Kannada and Marathi elites.

    Challenges around the Federal and Future Scope:

    • Future of Centre-State Relations: The distribution of political power in the central legislature could become a point of friction among states, particularly if there are changes in delimitation that favor certain regions.
      • Andhra Pradesh had 42 Lok Sabha seats and was the largest State in south India. But now, with a mere 25 seats, it is smaller than Tamil Nadu which has 39 seats, and Karnataka which has 28 seats. Telangana, with 17 seats, is smaller than Kerala, thus becoming fifth in the pecking order in the south. 
      • In our federal structure, numbers do matter but grossly unequal sizes among the units can render some regions irrelevant and others more relevant in deciding who holds power at the Centre. This may result in undesirable strains in the federal structure of our Republic.
    • Future of Linguistic States: Andhra Pradesh, in its first five years after the division, got bogged down in its attempt to build for itself as a ‘world-class’ capital, that would overcome the loss of Hyderabad. The next five years were consumed by profligate Direct Benefit Transfer (DBT) welfarism.
      • Therefore, the Indian Republic may need to look for alternative organizing principles, such as size or population.

    Conclusion: The government needs to underscore the importance of federalism in addressing regional disparities and promoting more inclusive governance. The experience of Andhra Pradesh bifurcation offers valuable lessons for policymakers, highlighting the need to address regional disparities and adapt governance structures to changing regional dynamics.

    https://www.thehindu.com/opinion/lead/the-message-from-the-andhra-pradesh-bifurcation/article68243934.ece

    https://oar.icrisat.org/6224/1/Local_Economy_1-13_2012.pdf

    https://prsindia.org/billtrack/the-andhra-pradesh-reorganisation-bill-2014-telangana

  • Andhra’s Koya tribe faces brewing conflict over sacred Mahua flower

    Why in the news?

    The Koya tribe in Andhra Pradesh is facing a cultural crisis due to stricter liquor regulations enforced by the Special Enforcement Bureau (SEB).

    About Koya tribe 

    • Koya are one of the few multi-racial and multi-lingual tribal communities in India.
    • They live in the forests, plains, and valleys on both sides of the Godavari River which lies in Andhra Pradesh. Many also live in the states of Madhya Pradesh and Orissa.
    • They believe their main deity still resides in a cave in the Bastar region.

    Cultural Crisis (Disruption of Traditions):

    • Mahua liquor is brewed from the flowers of the Mahua tree which is integral to Koya cultural and religious ceremonies including naming ceremonies, weddings, and death anniversaries.
    • Police raids and seizures of Mahua liquor disrupt these traditions causing cultural shocks within the community. For example, recently the naming ceremony of Madakam Janakamma’s child was held without Mahua liquor due to SEB raids.

    Tribal Rights (Legal Challenges and Rights):

    • The Andhra Pradesh Prohibition Act, 1995, does not exempt the Koya tribe from brewing and storing Mahua liquor, despite its cultural significance.
    • The Panchayat (Extension to Scheduled Areas) Act (PESA), 1996 empowers the gram sabha to protect tribal traditions and culture but its implementation is questionable as SEB raids continue unabated.
    • Koya villagers are often coerced into paying bribes to avoid legal charges, highlighting the tension between law enforcement and tribal rights.

    Impact on Collection(Economic Consequences):

    • Many Koya households have ceased Mahua flower collection due to fear of police raids, significantly affecting their primary source of income.
    • Destruction of freshly collected flowers during raids further disincentivizes collection, reducing the supply of Mahua flowers to weekly markets (shandies) where they are exchanged for essential goods.

    Guardians of Culture (Preservation of Heritage):

    • The Koya tribe, especially those not displaced by the Polavaram irrigation project, are seen as custodians of their culture. However, displacement and integration with non-tribal communities threaten their cultural identity.
    • Local leaders and activists argue for the need to empower Koya women with training in producing value-added products from Mahua flowers, rather than undermining their traditional practices and economic activities.

    Legal and Policy Measures

    • Amend the Andhra Pradesh Prohibition Act, 1995: Introduce exemptions or special provisions that recognize and protect the traditional brewing and usage of Mahua liquor for cultural and religious purposes by the Koya tribe.
    • Strengthen Implementation of PESA Act: Ensure that the Panchayat (Extension to Scheduled Areas) Act (PESA), 1996, is fully implemented. Empower Gram Sabhas to have a greater say in protecting tribal traditions, including the brewing of Mahua liquor.

    Conclusion: The enforcement actions by the SEB, while aimed at regulating liquor, pose a significant threat to the Koya tribe’s cultural heritage and economic well-being. Balancing legal regulations with respect for tribal traditions and rights is crucial to preserving the Koya way of life.

    Mains PYQ:

    Q What are the two major legal initiatives by state since Independence, addressing discrimination against Scheduled Tribes (ST) ? (UPSC IAS/2017)

  • 38% Indians consume fried snacks and processed foods, only 28% consume healthy food

    Why in the news?

    A global report highlights a significant rise in unhealthy food consumption in India, surpassing intake of vegetables, fruits, and other nutritious foods.

    • Global Food Policy Report 2024: Food Systems for Healthy Diets and Nutrition was released by “the International Food Policy Research Institute (IFPRI)”.

    About CGIAR:

    • CGIAR (formerly the Consultative Group on International Agricultural Research) is a global partnership uniting organizations engaged in research for a food-secure future.
    • Focus: Its mission focuses on reducing poverty, enhancing food and nutrition security, and improving natural resources and ecosystem services.CGIAR conducts research and partners with other organizations to transform global food systems and ensure equitable access to sustainable, healthy diets.

    Emerging Trends in India:

     

    • Increase in consumption of unhealthy food: There is a significant increase in the consumption of unhealthy foods such as salty or fried snacks compared to nutritious options like vegetables and fruits. About 38% of the population consumes unhealthy foods, while only 28% consume all five recommended food groups.

    The consumption of processed foods and ready-made convenience foods is rising. From 2011 to 2021, malnutrition in India increased from 15.4% to 16.6%.The prevalence of overweight adults rose from 12.9% in 2006 to 16.4% in 2016.

    Processed food consumption is on the rise in India 

    South Asian Highlights

    • Processed Food Consumption: Increasing intake of processed foods like chocolates, salty snacks, beverages, and ready-made meals in India and other South Asian countries.
    • Malnutrition Rates: High levels of undernutrition and micronutrient deficiencies coexist with rising rates of overweight, obesity, and diet-related noncommunicable diseases (NCDs).
    • Food Budget Trends: Packaged food spending in India’s household food budgets nearly doubled from 6.5% to 12% between 2015 and 2019.

    Issue of Double Malnutrition:

    • Double malnutrition refers to the coexistence of undernutrition and micronutrient deficiencies with overweight and obesity, or diet-related noncommunicable diseases (NCDs).
    • High levels of undernutrition (stunting and wasting) and micronutrient deficiencies persist even as overweight and obesity rates increase.
    • More than two billion people, especially in Africa and South Asia, cannot afford a healthy diet.

    Dietary Guidelines by ICMR:

    • The Indian Council of Medical Research (ICMR) released 17 dietary guidelines to promote healthy eating.
    • Guidelines emphasize reading food labels to make informed choices and minimizing the consumption of high-fat, sugar, salt, and ultra-processed foods.
    • The guidelines highlight the importance of diverse diets over cereal-centric agriculture and food policies.
    • ICMR advises against the misleading information often presented on packaged foods.

    Way forward:

    • Strengthen Nutritional Policies: Develop and enforce policies that promote the consumption of nutritious foods. Implement taxes on unhealthy foods and subsidies for fruits, vegetables, and other micronutrient-rich foods.
    • Regulate Processed Foods: Implement strict regulations on the marketing of unhealthy foods, especially targeting children.

    Mains PYQ:

    Q How far do you agree with the view that the focus on the lack of availability of food as the main cause of hunger takes the attention away from ineffective human development policies in India? (15) (UPSC IAS/2018)

  • NIMHANS bags WHO’s Nelson Mandela Award for Health Promotion for 2024

    Why in the News?

    • The National Institute of Mental Health and Neuro Sciences (NIMHANS), Bengaluru, India’s premier mental health institution, has been honoured with the “Nelson Mandela Award” for Health Promotion by the World Health Organization (WHO) for 2024.

    About National Institute of Mental Health and Neuro-Sciences (NIMHANS)

    Details
    Location Bangalore, India
    Affiliation Autonomous institute under the Ministry of Health and Family Welfare, Government of India
    Ranking Ranked 4th best medical institute in India by the “National Institutional Ranking Framework (NIRF)”
    History
    • Founded in 1847 as the Bangalore Lunatic Asylum.
    • Renamed as the Mental Hospital in 1925.
    • Amalgamated with the All India Institute of Mental Health (AIIMH) in 1974 to form NIMHANS.
    • Conferred with deemed university status by the University Grants Commission in 1994.
    • Declared an Institute of National Importance by an act of parliament in 2012.
    Governance
    • Operates with academic autonomy under the “Societies Registration Act”.
    • Prioritises service, manpower development, and research in mental health and neurosciences.
    • A multidisciplinary integrated approach was adopted for translating research results into practice.
    Funding Receives resources for academic and research activities from national and international funding organisations.
    Outreach
    • Engages in mental health outreach initiatives including critiquing mental health reports and collaborating with government agencies for training and counseling.
    • Known for diagnosing and treating various mental health conditions including depression and neurobiological disorders.

     

    Back2Basics: Nelson Mandela Award for Health Promotion

    Aspect Details
    Establishment Year 1995
    Presented by World Health Organization (WHO)
    Purpose Recognizing outstanding contributions and achievements in health promotion worldwide
    Namesake Nelson Mandela, former President of South Africa
    Criteria for Recognition
    • Innovative approaches
    • Sustainable Impact
    • Dedication to health equity and social justice
    Recipients Individuals, organisations, institutions, or communities
    Selection Process
    • Based on significant strides in health promotion
    • Consideration of efforts in disease prevention and well-being improvement, especially among disadvantaged populations
    Presentation
    • Occurs during special ceremonies or events
    • Often coincides with key health promotion initiatives or milestones
    Significance
    • Symbolises recognition and encouragement for ongoing efforts in health promotion
    • Highlights the importance of collective action and collaboration in addressing health challenges and achieving public health and sustainable development goals

     

    PYQ:

    [2021] We can never obtain peace in the outer world until and unless we obtain peace within ourselves.

  • Blaming court vacation for pendency misses the real problem

    Why in the news?

    A casual remark from a member of the Prime Minister’s Economic Advisory Council has reignited the debate on judges’ working hours and vacations.

    Reports on Case Pendencies:

    According to the “India Justice Report”, as of June 2020, cases remain pending for an average of three years in subordinate courts and five years in high courts, highlighting the extensive backlog.

    Issues of unfilled vacancies and lack of infrastructure/ Present challenges:

    • Overburdened Judiciary: Judges and courts are overburdened with excessive government litigation, new legislation adding to the workload, and the rising tide of litigation across various domains.
    • Infrastructure Deficits: Shortages in courtrooms and support staff, with national averages showing a 26% deficit in support staff. Insufficient infrastructure hampers the smooth processing of cases.
    • Quality Deficits: Uneven proficiency in language and legal knowledge among lawyers and judges contribute to procedural delays and suboptimal outcomes. Lengthy pleadings, paper books, and judgments further exacerbate the problem.
    • Vacancy Crisis: Many courts, including high courts and lower courts, face a significant shortage of judges, with vacancies averaging around 30% in high courts and 22% in subordinate courts. Some states, like Bihar and Meghalaya, have vacancies exceeding 30% for over three years.
      • Lack of administrative support and outdated procedures impede the efficient management of cases and court operations.

    What can be done?

    • Address Vacancies: Expedite the appointment process for vacant judicial positions and strive to achieve full complement in courts to alleviate workload pressures.
      • Set higher standards for judicial appointments and legal practice to ensure competence and proficiency among legal professionals.
      • Establish Permanent Administrative Secretariats (PAS) led by qualified court managers to assist judges in case management and administrative tasks.
    • Invest in Infrastructure: Build more courtrooms, hire additional support staff, and invest in technology to streamline court processes and enhance efficiency.
      • Allocate adequate resources to the judiciary to improve infrastructure, enhance administrative capabilities, and ramp up efficiency in justice delivery.
    • Prioritize Judicial Reform: Undertake comprehensive judicial reforms to address systemic issues, streamline processes, and enhance access to justice for all citizens.
      • Implement specialized courts, pre-trial mediation, and other alternative dispute resolution mechanisms to expedite case resolution and reduce backlog.

    Mains PYQ:

    Q Critically examine the Supreme Court’s judgement on ‘National Judicial Appointments Commission Act, 2014’ with reference to appointment of judges of higher judiciary in India. (UPSC IAS/2017)