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  • [13 March 2024] The Hindu Op-ed: Intra-group caste variances, equality and the Court’s gaze

    [13 March 2024] The Hindu Op-ed: Intra-group caste variances, equality and the Court’s gaze

    PYQ Relevance:

    Mains:
    1. Whether the National Commission for Scheduled Castes (NCSC) can enforce the implementation of constitutional reservation for the Scheduled Castes in the religious minority institutions? Examine (2018)

    2. What are the two major legal initiatives by state since Independence, addressing discrimination against Scheduled Tribes (ST)? (2017)

    3. Why are the tribals in India referred to as ‘the Scheduled Tribes’? Indicate the major provisions enshrined in the Constitution of India for their upliftment. (2016)

    Prelims:
    Under the Indian Constitution, the Concentration of Wealth violates​ (2021)
    a) the Right to Equality​
    b) the Directive Principles of State Policy​
    c) the Right to Freedom​
    d) the Concept of Welfare
    From The Hindu

    Note4Students: 

    Mains: Minority sections of the society and their Empowerment; Judiciary; State government;

    Prelims: Fundamental rights; Important judgements by SC; State government;

    Mentor comments: Recently, the case of ‘State of Punjab vs Davinder Singh’ revolves around the question of whether State governments can make sub-classifications within Scheduled Castes and Scheduled Tribes for public employment. The Supreme Court is set to deliver a judgment on this matter, addressing the issue of intra-group variances and the power of States to recognize them. We need to analyze this issue as it is sub-classified SC reservations which are leading to legal challenges and subsequent legislative actions.

    Let’s learn. 

    —

    Why in the News?

    The SC is set to deliver a judgment on whether State governments can make sub-classifications within SCs and STs, addressing the varying levels of development and discrimination within these groups. 

    Context:

    • The ongoing case of State of Punjab v Davinder Singh has brought to light the complexities surrounding sub-classification within reserved categories.
    • The central question revolves around whether a group within a reserved category can be further sub-classified and granted reservations.
    • Proponents argue that sub-classification is necessary to ensure adequate representation of the most disadvantaged groups, addressing the issue of backwardness within backwardness.
    • On the other hand, opponents contend that the existing reservation scheme already ensures adequate representation for historically disadvantaged groups, making sub-classification unnecessary.
    JUDICIARY ON SUB-CATEGORIZATION WITHIN RESERVED CATEGORIES:

    1) State of Punjab vs Davinder Singh case (1975):

    – In 1975, the Government of Punjab issued a circular that reserved 50% of SC seats for Balmikis and Mazhabi Sikhs, leading to legal challenges culminating in the Supreme Court’s involvement.

    – The case questions whether sub-classifications are constitutionally permissible within SCs and STs, challenging the notion that these groups are homogenous.

    – The debate involves revisiting past judgments like E.V. Chinnaiah vs State of Andhra Pradesh, which prohibited sub-classifications within SCs but recognized such distinctions within Other Backward Classes (OBCs).

    2) Indra Sawhney vs Union of India Case (1992):

    – The SC cited its judgment which arose out of the Mandal Commission’s report. There, a nine-judge Bench had held that sub-classifications within socially and educationally backward classes (OBCs) for services under the government was permissible.

    – The case introduced the concept of the “creamy layer,” excluding affluent sections within backward classes (limited it to not exceed 50%) from reservation benefits.

    – The genesis of this debate dates back to 1980 when the Second Backward Classes Committee, chaired by BP Mandal, recommended 27% reservation for OBCs and 22.5% for Scheduled Castes.

    3) About E.V. Chinnaiah vs State of Andhra Pradesh Case (2004):

    – A five-judge Bench quashed the Andhra Pradesh Scheduled Castes (Rationalization of Reservations) Act, 2000. The Act was challenged before the High Court and later the Supreme Court, which declared it ‘ultra vires the Constitution’ as it offended Article 341 of the Constitution.

    – This provision allows the President of India to notify a list of SCs for each State, and stipulates that the list can only be modified by Parliament.

    – The case prohibited sub-classifications within SCs as it was found to violate constitutional provisions but recognized such distinctions within Other Backward Classes (OBCs). It emphasized that SCs and STs are homogeneous groups incapable of further regrouping or classification.

    – The Court found that the State government had no power to tinker with the list because it was clear on a bare reading of Article 341 that such authority vested only with Parliament.

    What is the difference between a homogenous class and a sub-classification within reserved categories?

    • A homogenous class refers to a group that is considered uniform or undifferentiated, where all individuals within the group are treated equally.
    • The Sub-classification within reserved categories involves categorizing a larger group into smaller sub-groups based on specific criteria, allowing for differential treatment or preferences within the overall category.
    • The distinction lies in how individuals within a larger reserved category are treated – either uniformly as a single homogenous group or with differentiated preferences based on sub-classifications.

    What are the arguments for and against sub-classification within reserved categories?

    Arguments for Sub-classification:

    • Ensuring Adequate Representation: Proponents argue that sub-classification is necessary to ensure adequate representation of the most disadvantaged groups within reserved categories.
    • Tailoring Criteria for Sub-classification: The court needs to tailor criteria for sub-classification to prevent leaving out certain groups while granting benefits to the most backward.
    • State’s Ability to Identify Backwardness: The states needs to be best positioned to judge the backwardness of communities and should have the authority to create sub-classifications within reserved categories without violating constitutional provisions.

    Arguments against Sub-classification:

    • Presumption of Backwardness: Opponents argue that while there is a presumption of backwardness with Scheduled Castes (SCs), individual castes within SCs cannot be considered separate classes under Article 16(4), suggesting that making laws for specific castes within SC lists could violate Article 16(2).
    • Violation of Equality Principle: Critics assert that sub-classification would violate the right to equality by treating communities within the category differently, potentially leading to discrimination based on caste, which is prohibited under Article 16(2).
    • Stigma and Exclusion: Those against sub-classification argue that if certain Scheduled Castes do not receive reservation benefits, they may be left with the stigma of being a Scheduled Caste without access to affirmative action measures, highlighting concerns about exclusion and inequality.

    What are the challenges faced by Sub-Classifications within Reserved Categories in India?

    • Lack of Equal Opportunities: Articles 14 to 16 of the Constitution promises of substantive equality. The absence of sub-classification perpetuates inequality within reserved categories, hinders the framing of appropriate government policies.
    • Legal and Constitutional Complexities: The states face challenges as they lack legislative competence to create sub-classifications within reserved categories, raising questions about the constitutionality of such measures.
    • Addressing Backwardness: The issue of “backwardness within backwardness” has been acknowledged, emphasizing the need to address the most disadvantaged communities effectively.

    Way Forward

    Considering the above challenges, they highlight the complexities and nuances involved in addressing sub-classifications within reserved categories in India. Hence it is necessary to emphasize on careful consideration and legal clarity in policy-making and implementation. The SC’s decision in cases like ‘State of Punjab vs Davinder Singh’ will play a crucial role in shaping affirmative action discourse and addressing issues of social justice within reserved categories

  • Unpacking the CAA Rules

    caa rules

    In the news

    • The long-awaited Citizenship Amendment Act (CAA) has been set into motion by the Centre, marking a significant step forward in India’s legislative landscape.
    • Enacted in December 2019, the CAA aims to provide citizenship to certain migrants from neighboring countries, sparking debates and controversies nationwide.

    Making of the CAA, 2019: A Timeline

     

    2002: Initial efforts were made to address the challenges faced by Pakistani Hindus seeking Indian visas and citizenship.

    2004: Amendments to Citizenship Rules empowered district magistrates to grant Long Term Visas (LTVs) and citizenship to migrants in border districts.

    2010: The Ministry of Home Affairs eased restrictions on LTV extensions for certain categories of Pakistani nationals.

    2014: Notification allowed citizenship for select migrant communities, excluding Jains and Parsis.

    2018: Government extended LTV eligibility to communities seeking Indian citizenship, offering various benefits.

    New Citizenship Law: Eligibility and Required Documentation

    • Beneficiaries: The CAA primarily benefits Hindu, Sikh, Buddhist, Jain, Parsi, or Christian migrants from Pakistan, Bangladesh, and Afghanistan who entered India before December 31, 2014.
    • Documentation: Applicants need to provide proof of their country of origin, religion, date of entry into India, and knowledge of an Indian language.
    • Proof of Country of Origin: Acceptable documents include birth certificates, educational institution certificates, identity documents, licenses, certificates, or any other document issued by Pakistan, Bangladesh, or Afghanistan.
    • Establishing Date of Entry: Applicants can provide a range of documents such as visas, residential permits, census slips, driving licenses, Aadhaar cards, ration cards, or any letter issued by the government or court to prove their entry date.
    • Generational Proof: Applicants can also provide documents indicating familial ties to these countries, such as those showing ancestry, expanding the scope of eligibility.

    Application Processing Mechanism

    [A] Empowered Committees

    • Role of Empowered Committee: This committee is tasked with overseeing the entire process, from receiving to processing applications. It ensures that all procedures are followed diligently and efficiently.
    • Membership: The Empowered Committee is headed by a Director (Census Operations) and comprises representatives from various government bodies, including the Subsidiary Intelligence Bureau, the Foreigners’ Regional Registration Office (FRRO), the National Informatics Centre (NIC), and the Postmaster General.
    • Responsibilities: The committee members are responsible for verifying the authenticity of documents submitted by applicants, conducting background checks, and making final decisions on citizenship applications.

    [B] District Level Committees (DLC)

    • Composition: The DLC consists of the District Informatics Officer or District Informatics Assistant and a nominee of the central government.
    • Functions: DLCs serve as the initial point of contact for applicants, receiving their submissions and ensuring they are complete and accurate before forwarding them to the Empowered Committee for further processing.
    • Oversight: While DLCs handle the initial stages of application processing, they operate under the supervision and guidance of the Empowered Committee. This hierarchical structure ensures uniformity and consistency in decision-making across different regions.

    [C] Electronic Submission and Processing

    • Digital Platform: To streamline operations and minimize paperwork, the application process is conducted electronically. Applicants submit their documents and forms through an online portal managed by the government.
    • Efficiency: Electronic submission allows for faster processing times and reduces the risk of errors associated with manual data entry. It also enables real-time tracking of application status, providing transparency to applicants throughout the process.
    • Data Security: The government ensures robust cybersecurity measures to protect the sensitive information submitted by applicants. Encryption protocols and secure servers safeguard data integrity and confidentiality.

    Conclusion

    • The implementation of the CAA signifies a significant policy shift aimed at addressing the plight of persecuted minorities in neighbouring countries.
    • While the rules have sparked debates and opposition, they also represent India’s commitment to humanitarian values and providing refuge to those in need.
    • As the citizenship application process unfolds, it will be crucial to ensure transparency, fairness, and adherence to legal procedures to uphold the principles of justice and inclusivity.

  • India ‘one of the Worst Autocratisers’: V-Dem Democracy Report

    In the news

    • India, previously categorized as an “electoral autocracy” in 2018, has further declined to become one of the “worst autocratizers,” according to the ‘Democracy Report 2024’ by the Gothenburg-based V-Dem (or Varieties of Democracy) Institute.

    Key highlights on India

    • Deteriorating Status: India, previously downgraded to an electoral autocracy in 2018, has further declined to become “one of the worst autocratizers.”
    • Historical Comparison: India’s level of “liberal democracy” has regressed significantly, reaching levels last seen in 1975 during the state of emergency declared by Indira Gandhi.
    • Regime Classification: India falls into the category of electoral autocracy, characterized by multiparty elections alongside insufficient levels of freedom of expression and fair elections.
    • Erosion of Democratic Freedoms: The report highlights the gradual deterioration of freedom of expression, media independence, and attacks on civil society under the current government.

    About the V-Dem Democracy Report

    • Publication: The V-Dem Institute releases the Democracy Report annually, offering insights into the state of democracy worldwide, focusing on democratization and autocratization.
    • Regime Classification: Countries are categorized into four regime types based on their scores in the Liberal Democratic Index (LDI), encompassing a spectrum from liberal democracy to closed autocracy.

    What is Liberal Democratic Index (LDI)?

    • Comprehensive Assessment: The LDI evaluates both liberal (individual and minority rights) and electoral aspects (free and fair elections) of democracy.
    • Indicators: It comprises 71 indicators, encompassing the Liberal Component Index (LCI) and the Electoral Democracy Index (EDI), capturing various dimensions of democratic governance.
      1. LCI: Measures aspects like protection of individual liberties and legislative constraints on the executive.
      2. EDI: Considers indicators ensuring free and fair elections such as freedom of expression and association.
    • Components of the LDI include:
    1. Egalitarian Component Index: Assesses the extent of equality among different social groups within a democracy.
    2. Participatory Component Index: Evaluates the health of citizen groups and civil society organizations, indicating the degree of citizen engagement.
    3. Deliberative Component Index: Gauges whether political decisions are driven by public reasoning focused on the common good or influenced by emotional appeals, solidarity attachments, or coercion.
    4. Publication Schedule: The Democracy Report is typically published annually in March, presenting a comprehensive analysis of global democratic trends.

    Key Findings from the Democracy Report 2024:

    • Collaborative Effort: The report is a collaborative endeavour involving 4,200 scholars from 180 countries, leveraging 31 million datasets spanning from 1789 to 2023 to assess the democratic status of 202 countries.
    • Global Trends:
    1. Autocratization: In 2023, 42 countries, representing 35% of the world’s population, were undergoing autocratization.
    2. Population in Autocracies: Currently, 71% of the world’s population, amounting to 5.7 billion people, resides in autocracies, marking a significant increase from 48% a decade ago.
    3. Decline in Democracy: The level of democracy experienced by the average individual globally has regressed to 1985 levels, with Eastern Europe, South, and Central Asia experiencing the sharpest declines.

  • 11 African countries sign ‘Yaounde Declaration’

    In the news

    • Health ministers from 11 African nations grappling with the heaviest malaria burdens have recently signed the Yaounde Declaration.

    What is Yaounde Declaration?

    Details
    Signed at Yaoundé conference, hosted by WHO and the Government of Cameroon in Yaoundé, Cameroon (capital).
    Participants Ministers of Health, global malaria partners, funding agencies, scientists, civil society organizations, and other malaria stakeholders.
    Signatory countries
    • Burkina Faso, Cameroon, the Democratic Republic of the Congo, Ghana, Mali, Mozambique, Niger, Nigeria, Sudan, Uganda, and Tanzania.
    • These countries collectively account for over 70% of the global malaria burden.
    Pledges
    • Effective tackling of malaria threat in Africa, leading better and investing more money in fighting malaria, using new technology for data, etc.
    • Investing more in health infrastructure, personnel, and programs, collaborating across sectors, forming partnerships for funding, research, and innovation.
    • Showing strong commitment to quickly reducing malaria deaths and holding each other and their countries accountable for the commitments.
  • [12 March 2024] The Hindu Op-ed: Central transfers — arresting the decline in shares of some States

    [12 March 2024] The Hindu Op-ed: Central transfers — arresting the decline in shares of some States

    PYQ Relevance:
    Prelims:
    The Government of India has established NITI Aayog to replace the [UPSC CSE 2015]
    a) Human Rights Commission
    b) Finance Commission
    c) Law Commission
    d) Planning Commission

    Mains:
    1. How have the recommendations of the 14th Finance Commission of India enabled the States to improve their fiscal position? [UPSC CSE 2021]

    2. How is the Finance Commission of India constituted? What do you know about the terms of reference of the recently constituted Finance Commission? Discuss. [UPSC CSE 2018]

    3. Though the federal principle is dominant in our Constitution and that principle is one of its basic features, it is equally true that federalism under the Indian Constitution leans in favor of a strong Centre, a feature that militates against the concept of strong federalism. [UPSC CSE 2014]
    From The Hindu

    Note4Students: 

    Mains: Finance Commission; Centre-State relations;

    Prelims: Recommendations by Finance Commission;

    Mentor comments: The issue of declining shares of some States in central transfers, is particularly affecting southern States like Karnataka and Tamil Nadu, stems from factors like the income distance criterion and changes in population data used for calculations. The income distance criterion, which rewards states further from the highest income state, has led to losses for southern States. To address this issue, we need to reduce the weight of the income distance criterion and limiting cesses and surcharges of the Centre’s gross tax revenues. Overall, today’s debate is over central transfers who need to have a balanced approach that considers various criteria like income distance and population while ensuring equitable distribution among all states.

    Let’s learn. 

    —

    Why in the News?

    The Southern States have been facing a decline in their share out of the resources transferred from the Centre to the States. Considering this situation, there are many issues that the Sixteenth Finance Commission will have to deal with.

    Background:

    • The revenue sharing through the Finance Commission between Centre and the Southern States has fallen over the last two decades.
    • The share of states in combined revenue receipts rose but has since fallen, highlighting the need for fair distribution mechanisms.
    • Additionally, the shift in population data from 1971 to 2011 has impacted tax devolution, with some southern states feeling disadvantaged.
    What is the income distance criterion and how does it affect state shares?
    The income distance criterion in the context of Finance Commission allocations is a measure of the distance between a state’s income and the state with the highest income, calculated based on the average per capita Gross State Domestic Product (GSDP).
    States with lower per capita income receive a higher share to ensure equity among states.

    Significance of this criteria:

    It remains crucial for ensuring fair distribution among states.
    It also plays a significant role in determining the distribution of union taxes to each state, with states further from the highest income state receiving a higher share.

    What are the 3 major challenging observations in Centre-State Tax Devolution?

    1) Issue of share with states in Tax Devolution:

    • Firstly, we need to look at which States have been gaining and which are losing their share over time; the criteria of horizontal distribution which has led to some States steadily losing their share; and what can be done to reverse this trend.
    • In Table 1, the shares of groups of States and those for selected States are shown, for the 12th FC to the 15th FC (final report).
      • Southern States have been on a steady fall in their share, from 19.785% to 15.800%. The northern and eastern States have also lost. The ‘gainer States’ were the hilly, central, and western States including Maharashtra.
      • The low-income States such as Bihar and Uttar Pradesh show, in terms of their overall share, a loss of 0.970% points and 1.325% points.
      • The main reason for the loss to the southern States due to the distance criterion amounted to 8.055% points, although the overall loss was much less at 3.985% points, implying that there was a gain under other criteria.

    2) Issue over the Income Distance:

    • Inconsistency: Table 2 provides a list of the different criteria used by Finance Commissions, from the Twelfth to the Fifteenth.
    • Decreasing weight: The distance criterion has been accorded the highest weight amongst these criteria. Its weight was reduced from 50% to 47.5% by the 13th FC and further reduced to 45% by the 15th Fifteenth FC.
    • Hampering equalization: The above two observations challenge the Socio-economic justice principles which has always been regarded as a key principle in governing distribution.

    3) Issue over the Population:

    • Data Updation issue: Until the Fourteenth Finance Commission, the data for the population in 1971 was used. For the Fifteenth Finance Commission, data for the population in 2011 was used.
    • Mismatched data: In order not to penalize States 15th FC showed better performance in reducing fertility rates, and the demographic change criterion was eventually introduced.
    • The joint impact of these two changes has been marginal for all groups of States. For Tamil Nadu, the joint impact was marginally positive.
    Recommendation for Sixteenth Finance Commission:

    Balanced allocation approach: Need to consider reducing the weight of the income distance criterion by 5% to 10% points.
    On Cesses and Surcharges: Need to evaluate and potentially impose an upper limit on cesses and surcharges to safeguard the divisible pool size and states’ revenue shares.

    What steps need to be taken? (Way Forward)

    • Maintain Income Distance Criterion: The income distance criterion is essential for equitable distribution among states and should not be abandoned. We need to consider reducing its weightage while enhancing other criteria to balance allocations.
    • Manage Divisible Pool Size: We need to limit cesses and surcharges to 10% of the Centre’s gross tax revenues to prevent reducing the size of the divisible pool. The increase in states’ share from 32% to 42% by the Fourteenth Finance Commission should not be offset by additional levies.
    • Review Revenue Sharing Trends: Need to analyze the impact of changing criteria on state shares over time to ensure fair and balanced distribution. Further, we also need to address concerns raised by states experiencing declining shares due to existing allocation mechanisms.

    https://www.thehindu.com/opinion/lead/central-transfers-arresting-the-decline-in-shares-of-some-states/article67939930.ece

    https://www.niti.gov.in/sites/default/files/2019-01/Report%20on%20CENTRAL%20TRANSFERS%20TO%20STATES%20IN%20INDIA.pdf

    https://prsindia.org/theprsblog/central-transfers-to-states-role-of-the-finance-commission

    https://timesofindia.indiatimes.com/blogs/economic-policy/can-gsdp-exclude-export-incomes-implications-for-finance-commission-devolution/

  • Centre notifies Implementation of Citizenship Amendment Act (CAA) Rules

    In the news

    • Just days ahead of the announcement of Lok Sabha election, the Union Home Ministry notified the Citizenship Amendment Rules, 2024.
    • This would now enable the implementation of the Citizenship Amendment Act (CAA) passed by Parliament in 2019.

    Citizenship (Amendment) Act (CAA), 2019: Key Provisions

    • Basic idea: CAA, 2019, aims to amend the Citizenship Act, 1955, to grant Indian citizenship to specific categories of illegal migrants.
    • Eligible Religions: CAA targets Hindu, Sikh, Buddhist, Jain, Parsi, and Christian illegal migrants from Afghanistan, Bangladesh, and Pakistan, making them eligible for Indian citizenship.
    • Objective: The primary objective is to facilitate citizenship for non-Muslim immigrants from India’s three Muslim-majority neighboring countries.
    • Residence Requirement: The Citizenship Act, 1955, normally requires 11 of the previous 14 years of residence in India as a condition for naturalization.
    • Amendment: CAA reduces this requirement to 6 years for applicants belonging to the specified religions and countries.
    • Exemption from Criminal Cases: Members of the designated communities are exempted from criminal cases under the Foreigners Act, 1946, and the Passport Act, 1920, if they entered India before December 31, 2014.

    Defining Illegal Migrants

    • Status under Present Laws: Existing laws prohibit illegal migrants from acquiring Indian citizenship.
    • CAA’s Definition: CAA classifies an illegal migrant as a foreigner who enters India without valid travel documents (passport and visa) or overstays beyond the allowed period.
    • Penalties: Illegal migrants can face imprisonment or deportation under the Foreigners Act, 1946, and The Passport (Entry into India) Act, 1920.

    Exceptions under CAA

    • Conditions for Exemption: CAA outlines four conditions that, if met, exempt certain individuals from being treated as illegal migrants:
      1. They belong to the specified religions (Hindu, Sikh, Buddhist, Jain, Parsi, or Christian).
      2. They hail from Afghanistan, Bangladesh, or Pakistan.
      3. They entered India on or before December 31, 2014.
      4. They are not in certain tribal areas of Assam, Meghalaya, Mizoram, or Tripura (Sixth Schedule) or “Inner Line” permit areas (Arunachal Pradesh, Mizoram, and Nagaland).

    Controversies Surrounding CAA

    • Country of Origin: CAA categorizes migrants based on their country of origin, specifically Afghanistan, Pakistan, and Bangladesh.
    • Religious Exclusivity: It raises questions about why only six specified religious minorities have been considered in the Act.
    • Omission of Rohingya: The Act doesn’t address the Rohingya Muslims from Myanmar, who have faced persecution.
    • Entry Date Differentiation: The differential treatment of migrants based on their entry date, i.e., before or after December 31, 2014, has generated debate.
    • Secularism Concerns: Critics argue that granting citizenship based on religion contradicts the secular principles of India’s Constitution, considered part of the unalterable basic structure.

    Constitutionality Check

    • The challenge may rest primarily on the grounds that the law violates Article 14 of the Constitution that guarantees that no person shall be denied the right to equality before law or the equal protection of law in the territory of India.
    • The Supreme Court has developed a Two-Pronged Test to examine a law on the grounds of Article 14.
    1. First, any differentiation between groups of persons must be founded on “intelligible differentia”
    2. Second, differentia must have a rational nexus to the object sought to be achieved by the Act
    • Simply put, for a law to satisfy the conditions under Article 14, it has to first create a “reasonable class” of subjects that it seeks to govern under the law.
    • Even if the classification is reasonable, any person who falls in that category has to be treated alike.

    Impact on Assam and Assam Accord

    • Intersection with Section 6A: The CAA intersects with Section 6A of The Citizenship Act, 1955, which determines citizenship criteria in Assam.
    • Assam Accord: Section 6A, linked to the Assam Accord, sets criteria for determining citizenship in Assam, posing potential conflicts with the CAA’s provisions.
    • Base Cut-off Date and Regularization: The Assam Accord establishes a base cut-off date for identifying and regularizing foreigners in Assam, impacting the implementation of the CAA in the state.

    Way forward

    • India is a constitutional democracy with a basic structure that assures a secure and spacious home for all Indians.
    • Being partitioned on religious grounds, India has to undertake a balancing act to protect the religious minorities in its neighbourhood.
    • These minorities are under constant threat of persecution and vandalism.
    • India needs to balance its civilization duties to protect those who are prosecuted in the neighbourhood.

    Try this PYQ from CSE Prelims 2021:

    Q.With reference to India, consider the following statements:​

    1. There is only one citizenship and one domicile.​
    2. A citizen by birth only can become the Head of State.​
    3. A foreigner once granted the citizenship cannot be deprived of it under any circumstances.​

    Which of the statements given above is/are correct?​

    (a) 1 only ​

    (b) 2 only​

    (c) 1 and 3 ​

    (s) 2 and 3​

  • [11 March 2024] The Hindu Op-ed: France’s exceptional women, their imprint on diplomacy

    [11 March 2024] The Hindu Op-ed: France’s exceptional women, their imprint on diplomacy

    PYQ Relevance:
    Mains:
    1. Analyze the distinguishing features of the notion of Right to Equality in the Constitutions of the USA and India. (UPSC CSE 2021)

    2. ‘Women’s movement in India has not addressed the issues of women of lower social strata.’ Substantiate your view. (UPSC CSE 2018)nt in the formal sector of the Indian economy? Is increased informalization detrimental to the development of the country? [UPSC CSE 2016]
    From The Hindu

    Note4Students: 

    Mains: Social Issues and Justice; Women Issues;

    Prelims: Women’s rights in the Indian Constitution;

    Mentor comments: France became the first country to enshrine the freedom of women to voluntarily terminate a pregnancy in its Constitution. This decision is rooted in the groundbreaking work of French feminist icon Simone de Beauvoir, who in 1949 published “The Second Sex,” a philosophical work advocating for women’s right to choose and challenging societal norms around motherhood and abortion. Secondly, France’s commitment to women’s rights is reflected in its feminist foreign policy, advocating for gender equality globally. Through this Article, we need to study the collaboration between France and India that holds great potential to further advance women’s rights on a global scale, building on their shared commitments to gender equality and empowerment.

    Let’s learn. 

    —

    Why in the News?

    On March 4, 2024, France became the first country to enshrine the “freedom of women to voluntarily terminate a pregnancy” in its Constitution, marking a historic moment that sends a universal message of solidarity to women worldwide.

    What is the recent groundbreaking Work on Women’s Rights in France?

    Legalization of Abortion in France: The constitutional amendment aims to safeguard abortion access amidst global threats and challenges to reproductive health rights. This step is crucial for ensuring autonomy and informed decision-making regarding sexual and reproductive health care, including abortion.

    • Women’s right to choose: Simone de Beauvoir (1949), in her “The Second Sex,”(seminal work in feminist philosophy) challenged traditional views of women as solely mothers and caregivers, advocating for women’s right to choose.
    • Right to abortion: Simone de Beauvoir highlighted the need for free, safe, and legal abortion services to empower women in controlling their destinies. On this background, France recently enshrined the right to abortion in its constitution, a historic move to protect reproductive rights.

    What are the major two criticisms and challenges ahead?

    • Prevalent inequalities: Despite progress, France still faces barriers to abortion care and other women’s rights issues like violence and discrimination.
    • On setting priorities: The move has sparked debates about the government’s priorities and the actual accessibility of abortion services for all French women.
    What other rights are protected by the French constitution?
    The French Constitution protects a range of rights beyond the recent inclusion of the right to abortion.

    1. Safeguarding individual liberties: The Declaration of the Rights of Man and the Citizen, a foundational document in French constitutional history, outlines key rights and principles.
    – These include the recognition that all men are born free and equal in rights, with social distinctions based only on public utility.
    – The aim of political associations is to preserve the natural and inalienable rights of man, which encompass liberty, property, security, and resistance to oppression

    2. Promoting equality: The French Constitution emphasizes equality before the law for all citizens without distinction and guarantees fundamental freedoms such as freedom of speech, religion, and opinion.

    3. Ensuring accountability: It establishes the right to property as inviolable unless public necessity requires its deprivation with just compensation.

    Additionally, the Constitution ensures that public taxes are equally apportioned among citizens according to their means and that society has the right to hold public agents accountable for their actions.

    What is France’s Commitment on feminist foreign policy?

    • France champions a feminist foreign policy, prioritizing gender equality and women’s rights in its diplomatic efforts.
    • The country integrates gender perspectives into bilateral relations, development aid, and advocacy at international forums.
    • France’s co-chairing of the Generation Equality Forum in 2021 underscores its dedication to advancing women’s rights globally.

    Impacts of such decisions:

    • Global Impact and Scenario:
      • France’s decision sets a precedent globally, emphasizing the importance of securing reproductive rights as fundamental freedoms.
      • The amendment reflects a broader international focus on advancing women’s rights and addressing gender disparities worldwide.
    • Indian Scenario:
      • India has a history of supporting women’s rights internationally, aligning with Sustainable Development Goal 5 and participating in initiatives for Gender Equality.
      • India’s recent membership in the United Nations Commission on the Status of Women highlights its commitment to promoting gender equality on a global scale.

    Conclusion

    At a moment when women’s rights are under threat in many regions of the world, this decision also sends out a universal message of solidarity to women across the globe.

    • Learnings and Collaborative Potential:
      • There is significant potential for France and India to collaborate on advancing women’s rights worldwide through joint initiatives and partnerships.
      • By leveraging their shared values and commitments to gender equality, France and India can amplify their impact on promoting women’s empowerment and rights internationally.

    References

    https://www.thehindu.com/opinion/op-ed/frances-exceptional-women-their-imprint-on-diplomacy/article67936231.ece

    https://www.hrw.org/news/2024/03/05/france-protects-abortion-guaranteed-freedom-constitution

    https://www.nbcnews.com/news/world/france-abortion-right-constitution-international-womens-day-rcna142406

    https://www.thecollector.com/simone-de-beauvoir-and-feminism-contributions-and-controversies/

  • France enshrines Right to Abortion in Constitution

    abortion

    In the news

    • France’s historic decision to enshrine the right to abortion in its constitution marks a pivotal moment in the global struggle for women’s reproductive rights.
    • Against the backdrop of International Women’s Day, this groundbreaking amendment underscores France’s commitment to upholding women’s autonomy and healthcare choices.

    Debate:

    1. Right to ‘Bodily Autonomy’ of Women is paramount.
    2. ‘Right to Life’ of the foetus is paramount.

    France’s constitutional council previously upheld abortion rights based on the notion of Liberty enshrined in the 1789 Declaration of the Rights of Man.

    Why discuss this?

    • The legislative journey leading to this transformative reform and its implications resonate far beyond France’s borders, resonating with ongoing debates on reproductive rights worldwide.

    Abortion in France: Legislative Progression

    • National Assembly and Senate Approval: Initially passed by the National Assembly in January, the amendment received unanimous support from the Senate last week, culminating in a joint parliamentary session for final ratification.
    • Bipartisan Consensus: With an overwhelming majority of legislators voting in favor, the reform underscores broad bipartisan consensus on safeguarding women’s reproductive freedoms.
    • Constitutional Modification: The amendment elevates abortion from a statutory right to a constitutionally guaranteed freedom, solidifying its legal protection against potential legislative changes.

    Amendment Provisions

    • Constitutional Revision: The amendment revises Article 34 of the French constitution, stipulating that women’s freedom to terminate pregnancies is constitutionally guaranteed.
    • Preservation of Existing Rights: By mandating that future legislation uphold existing abortion laws, the amendment ensures continuity and stability in reproductive healthcare policies.
    • Global Context: Acknowledging global trends of encroachment on abortion rights, the legislation reaffirms France’s commitment to resisting regressive measures that curtail women’s autonomy.

    Global Implications

    • Unprecedented Precedent: France becomes the first nation to embed abortion rights in its constitution, setting a groundbreaking precedent for global reproductive justice movements.
    • European Landscape: Amidst escalating efforts to restrict abortion access in some European countries, France’s bold initiative offers a beacon of hope and inspiration for defenders of reproductive rights across the continent.
    • European Charter of Fundamental Rights: The amendment’s resonance with fundamental rights principles may catalyze broader efforts to incorporate abortion protections into the European Charter of Fundamental Rights.

    Public Reception and Political Landscape

    • Public Support: Reflecting widespread public sentiment, opinion polls indicate overwhelming support for constitutionalizing abortion rights, with 81% of respondents endorsing the reform.
    • Political Consensus: Unlike the polarized discourse on abortion in some countries, France’s political spectrum exhibits remarkable unity in upholding women’s reproductive autonomy.
    • Criticism and Allegations: While critics decry the reform as a political maneuver by President Macron to court left-leaning factions, its substantive impact on women’s rights remains undeniable.

    Global Abortion Landscape

    • European Context: Against the backdrop of escalating abortion restrictions in some European nations, France’s progressive stance contrasts starkly with regressive measures adopted elsewhere.
    • Global Reverberations: France’s pioneering initiative may reverberate globally, emboldening movements to advance abortion rights and combat legislative regressions worldwide.

    India’s Abortion Policies

    • Legal Framework: India implemented the Medical Termination of Pregnancy (MTP) Act in 1971, allowing abortions under specific conditions up to 20 weeks, with recent amendments extending the limit to 24 weeks in certain cases.
    • Recent Amendments: The 2021 amendment extends the permissible gestational limit for abortions and streamlines the approval process for certain categories of pregnancies.
    • Continued Advocacy: While India’s legal framework for abortion is comparatively progressive, ongoing advocacy efforts seek to further enhance access to safe and legal abortion services nationwide.

    Pregnancy Laws in India:

     

    • The Medical Termination of Pregnancy (MTP) Act, enacted on April 1, 1972, applied to all of India except Jammu and Kashmir.
    • Section 312 of IPC Code, 1860, criminalizes voluntarily causing miscarriage, even with the pregnant woman’s consent, except to save her life, leading to potential prosecution for abortion.
    • The MTP Act, 1971, permitted pregnancy termination in two stages:
    • Up to 12 weeks after conception, abortion required a single doctor’s opinion.
    • Between 12 to 20 weeks, two doctors’ opinions determined if continuing the pregnancy posed risks to the woman’s life or mental/physical health or if the child would be seriously handicapped.

    Amendments in 2021:

    • The law now allows abortions up to 20 weeks based on one doctor’s advice.
    • For pregnancies between 20 to 24 weeks, two doctors’ opinions are needed.
    • Specific categories eligible for termination under section 3B of the MTP Act rules include survivors of sexual assault, minors, marital status changes, physically disabled women, mentally ill women, foetuses with severe abnormalities, and pregnancies in humanitarian settings.

    Conclusion

    • By embedding abortion rights within its constitutional fabric, France sets a transformative precedent for advancing women’s autonomy and healthcare choices worldwide.
    • As the international community grapples with escalating threats to reproductive rights, France’s bold stance offers a beacon of hope and solidarity for women everywhere, underscoring the imperative of safeguarding reproductive freedoms as fundamental human rights.

  • WTO’s 13th Ministerial Conference: A Path Forward for Global Trade

    In the news

    • The 13th Ministerial Conference (MC13) of the World Trade Organization (WTO) convened in Abu Dhabi, UAE, from February 26 to March 2, drawing participation from 166 member countries.
    • The conference culminated in the adoption of a ministerial declaration outlining a reform agenda to bolster the WTO’s role in regulating global trade and facilitating seamless cross-border commerce.

    About World Trade Organization (WTO)

    Details
    Establishment 1995, replacing GATT
    Objective To regulate international trade
    Headquarters Geneva, Switzerland
    Members
    • 164
    • India is a Founding Member.
    Objectives
    • Formulate rules for trade
    • Negotiate further liberalization
    • Settle disputes
    • Assist developing countries
    • Cooperate with major economic institutions
    Principles
    • Non-Discrimination
    • Most Favored Nation
    • National Treatment
    • Reciprocity
    • Predictability through Binding Commitments
    • Transparency
    • Encourage Development and Reforms
    Important Trade Agreements
    • Agreement on Agriculture (AoA),
    • Agreement on TRIPS (Trade-Related Aspects of Intellectual Property Rights),
    • Agreement on the Application of Sanitary and Phytosanitary Measures (SPS),
    • Agreement on Technical Barriers to Trade (TBT),
    • Agreement on Trade-Related Investment Measures (TRIMS),
    • General Agreement on Trade in Services (GATS) etc.
    WTO Agreement on Agriculture (AoA)
    • Negotiated during Uruguay Round (1995)
    • Aims to reform trade in agriculture
    • Allows support for rural economies with fewer trade “distortions”
    • Focuses on improving market access, reducing subsidies, and eliminating export subsidies

    Subsidies Types:

    1. Green Box – No distortion in trade
    2. Amber Box – Can distort production and trade (subject to limits)
    3. Blue Box – Subsidies linked to production-limiting programs
    Most Favoured Nation Clause
    • Ensures non-discriminatory trade
    • Prevents discrimination among trade partners
    • First clause in GATT
    • Special trade statuses extended to all WTO members

    Key Decisions at MC13

    • Dispute Settlement System: Member countries reaffirmed their commitment to establishing a fully functional dispute settlement system by 2024.
    • Special and Differential Treatment (S&DT): Emphasis was placed on enhancing the utilization of S&DT provisions to support the development objectives of developing and least developed countries (LDCs).

    Challenges to Multilateral Trading Order

    • Rising Protectionism: Developed economies, amid growing domestic pressures, have exhibited a propensity towards protectionist policies, challenging the prevailing globalized trade paradigm.
    • Supply Chain Disruptions: Ongoing conflicts and sanctions have disrupted global supply chains, necessitating a reassessment of trade norms to ensure resilience and efficiency.
    • Development Disparities: Concerns persist regarding the equitable treatment of nations, with attention directed towards mitigating disparities between richer nations and LDCs.

    India’s Approach

    • Public Stockholding (PSH) Programme: India advocated for a resolution concerning the PSH program, crucial for ensuring food security. The program enables the procurement and distribution of essential food grains to millions of beneficiaries at subsidized rates.
    • Fisheries Subsidies: India proposed measures to regulate fisheries subsidies, advocating for support to poor fishermen within national waters while curbing subsidies for industrial fishing in international waters.
    • E-commerce Customs Duties: India pressed for the removal of the moratorium on customs duties for cross-border e-commerce, citing the need to safeguard revenue generation in the digital trade landscape.

    Outcomes

    • Agriculture: MC13 witnessed the formulation of a text addressing agricultural issues, marking a significant milestone after decades of negotiations.
    • Fisheries: Progress towards consensus on fisheries regulations was noted, with expectations of finalization by mid-year.
    • E-commerce Duties: Despite efforts, the exemption from customs duties for e-commerce transactions was extended for an additional two years, disappointing several developing economies.

    Conclusion

    • The outcomes of MC13 underscore the imperative for collaborative efforts to address pressing challenges in global trade.
    • While strides were made in certain areas such as agriculture and fisheries, unresolved issues surrounding e-commerce and development disparities persist.
    • As nations navigate the evolving trade landscape, sustained dialogue and concerted action are essential to foster inclusive and sustainable economic growth worldwide.

    Try this PYQ from CSE Prelims 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

     

    [wpdiscuz-feedback id=”cygi29n862″ question=”Please leave a feedback on this” opened=”1″]Post your response here.[/wpdiscuz-feedback]

  • Places in news: Second Thomas Shoal

    In the news

    • Recently Philippines and China Coast Guard collided with each other near the Second Thomas Shoal of the Spratly Islands in South China Sea.

    About Second Thomas Shoal

    • It is located approximately 105 nautical miles (195 km) west of Palawan, Philippines.
    • It lies within the Philippines’ EEZ (exclusive economic zone).
    • The shoal is part of the Spratly Islands, which are subject to overlapping territorial claims by multiple countries, including China, the Philippines, Vietnam, Malaysia, and Taiwan.
    • It is strategically significant due to its location in the South China Sea, a major maritime trade route rich in natural resources.
    Note: An Exclusive Economic Zone (EEZ) is an area of the ocean, generally extending 200 nautical miles (230 miles/370.15 km) beyond a nation’s territorial sea, within which a coastal nation has jurisdiction over both living and non-living resources.

     What is the South China Sea Dispute?

    • It is a dispute over territory and sovereignty over ocean areas, and the Paracels and the Spratlys – two island chains claimed in whole or in part by a number of countries.
    • China, Vietnam, the Philippines, Taiwan, Malaysia, and Brunei all have competing claims.
    • Alongside the fully-fledged islands, there are dozens of rocky outcrops, atolls, sandbanks, and reefs, such as the Scarborough Shoal.
    • China claims by far the largest portion of territory – an area defined by the “nine-dash line” which stretches hundreds of miles south and east from its most southerly province of Hainan.
    • Beijing says its right to the area goes hundreds of centuries to when the Paracel and Spratly island chains were regarded as integral parts of the Chinese nation.
    • It showed the two island groups falling entirely within its territory. Those claims are mirrored by Taiwan.

    Spat over Chinese claims

    • China has backed its expansive claims with island-building and naval patrols.
    • The US says it does not take sides in territorial disputes but has sent military ships and planes near disputed islands, calling them “freedom of navigation” operations to ensure access to key shipping and air routes.
    • Both sides have accused each other of “militarizing” the South China Sea.
    • There are fears that the area is becoming a flashpoint, with potentially serious global consequences.

    Try this PYQ from CSE Prelims 2011:

    Q.Southeast Asia has captivated the attention of global community’ over space and time as a geostrategically significant region. Which among the following is the most convincing explanation for this global perspective?

    (a) It was the hot theatre during the Second World War

    (b) Its location between the Asian powers of China and India

    (c) It was the arena of superpower confrontation during the Cold War period

    (d) Its location between the Pacific and Indian oceans and its pre-eminent maritime character

     

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