GS Paper: GS2

[5 April 2024] The Hindu Op-ed: Revisit these sections of the Bharatiya Nyaya Sanhita

PYQ Relevance:
Mains:
Q) What is meant by the term ‘constitutional morality’? How does one uphold constitutional morality? (UPSC IAS/2019)
Q) What was held in the Coelho case? In this context, can you say that judicial review is of key importance amongst the basic features of the Constitution? (UPSC IAS/2016)

Note4Students:

Prelims: Governance; Bharatiya Nyaya Sanhita (BNS), 2023;

Mains: Governance; Issues related to the section in Bharatiya Nyaya Sanhita (BNS);

Mentor comments: In December 2023, the Indian Parliament enacted three new criminal codes. The Indian Penal Code (IPC), 1860 is the principal law on criminal offenses in India. The stated aim of the new three legislations is to ‘decolonize’ criminal laws of the British era. Currently, ‘Organised crime’ and ‘acts of terrorism’ are not covered under IPC. Acts of terrorism are covered under the Unlawful Activities (Prevention) Act, 1967 (UAPA). Organized crime is covered by state laws such as the Maharashtra Control of Organised Crime Act, 1999 (MCOCA), and similar laws are enacted by various states. Hence, there was a demand for a single platform for this code. However, the designed law too has its challenges which need to be revisited considering the diversity of society and its demands.

Let’s learn.

—

Why in the news?

The three new criminal laws that were passed by Parliament in 2023 will come into effect from July 1, 2024, according to a notification by the Ministry of Home Affairs (MHA).

About the Bharatiya Nyaya Sanhita (BNS), 2023:
The Bharatiya Nyaya Sanhita, Bharatiya Nagrik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam that will replace the Indian Penal Code, 1860; Code of Criminal Procedure, 1898; and the Indian Evidence Act, 1872, respectively, received President Droupadi Murmu’s assent on December 25, 2023.

The Laws that need to be revisited:

The issue with Section 106 (Hit-and-Run):

The Section 106 provision is part of the BNS, which is set to replace the colonial-era Indian Penal Code, 1860.
- Section 106(1) provides for a punishment of up to 5 years for causing death by any rash or negligent act not amounting to culpable homicide.
- Section 106 (2) stipulates a penalty of up to 10 years in jail and a fine for fleeing an accident spot and failing to report the incident to a police officer or a magistrate.
This section has become a focal point of discontent, especially among the driving community. Even though the driver reports immediately after the accident, they will be charged under Section 106(1) instead of Section 106(2).

The issue with Section 112 (petty organized crime):

It talks about a group or gang, either singly or jointly, commits any act of theft, snatching, cheating, unauthorized selling of tickets, unauthorized betting or gambling, selling of public examination question papers, or any other similar criminal acts is said to commit a petty organized crime”.
The “unauthorized selling of tickets” and “selling of public examination question papers” are not linked with any special Act. However, the phrase ‘any other similar criminal acts’ of the section is more indefinite and open-ended.

Section 104 (No discretion):

Section 303 of the Indian Penal Code (IPC) mandated the death sentence for a person who murders while undergoing imprisonment for life. This provision was struck down by the Supreme Court in Mithu vs State of Punjab (1983) as it violated Articles 14 and 21 of the Constitution of India.
Section 303 of the IPC has been reinstated as Section 104 of the BNS without rectifying the unconstitutional defect.

Section 303 of the BNS (Reassessment of Theft Offenses):

No reason behind it is considered Non-cognizable: The provision stipulates that for theft cases where the value of the stolen property is less than ₹5,000 and it’s the first conviction, community service is mandated upon the return or restoration of the property. This offense is categorized as non-cognizable.
Three Legal issues may arise:
- Firstly, if property offenses, of whatever value, are not registered, property offenders will be out of the police radar for surveillance.
- Secondly, legal issues may also arise about the return of such property if recovered with some other stolen or looted property.
- Thirdly, if the stolen property of a value less than ₹5,000 is not returned or restored by the convict as provided for, the only option available to the court will be to award imprisonment which may extend up to 3 years.

Way Forward:

Need for Comprehensive Coverage: We can initiate consultations with all stakeholders to address concerns and gather diverse perspectives.
Need for clear Protocols: Establish a clear and standardized protocol for emergency response, emphasizing the importance of prompt reporting without exposing drivers to potential violence. The law should also clarify the reporting procedure and the evidence required for the drivers to prove their innocence or mitigating factors.
Need to maintain Balance: The law should be categorized in different scales based on liabilities and eventually, the punishment should be commensurate with the offense.
Need for more research: The study and incorporation of successful models and globally best practices with effective legislation is necessary in the Indian context.

https://www.thehindu.com/opinion/lead/revisit-these-sections-of-the-bharatiya-nyaya-sanhita/article68029299.ece#:~:text=Section%20106(2)%20of%20the,has%20been%20put%20on%20hol

April 5, 2024

At 75, NATO sees reasons to rejoice, facts suggest otherwise

Why in the News?

NATO grandly commemorates its 75th anniversary on April 4, 2024.

Present Concerns about NATO:

Changed Objective: NATO was established to defend its member states from aggression but has engaged in offensive military actions.
Cause of Military conflicts worldwide: Over the last seven decades, NATO has initiated or participated in more than 200 military conflicts worldwide, including major ones. Examples of NATO’s military interventions include the bombing of Yugoslavia, invasion of Iraq, disruption of statehood in Libya, military interference in Syria, and combating terrorism in Afghanistan.
Role in the creation of ISIS: Critics argue that instead of bringing peace and stability, NATO’s actions have led to damage, casualties, destruction, and alienation. There is a perception that the US, NATO’s leader, played a role in the creation of ISIS.
Provoking Russia-Ukraine War: Its expansion since 1991, despite assurances to the contrary, and its actions in Ukraine are seen as provocative moves against Russia. Russia has shown restraint in response to NATO’s actions, but NATO’s behavior remains unchanged.
Maintaining Western Hegemony: In stark contrast to its professed peaceful ideals, NATO engages in warfare or issues threats of attack against any state that rejects the established liberal “rules-based order.” for example invasion of Iraq and execution of Saddam Hussein
Increase presence in Indo-Pacific: The US has been actively establishing smaller multilateral arrangements, like AUKUS, the US-Japan-South Korea trio, and the Tokyo-Seoul-Canberra-Wellington quartet, to involve them in practical collaboration with NATO.

BACK2BASICS

What is NATO?

NATO, founded in 1949, is an intergovernmental military alliance initially aimed at collective defense against potential aggression, notably from the Soviet Union during the Cold War. However, its role has expanded over time to address various security challenges beyond its original purpose.

Membership:

Starting Members: In starting only 12 founding members of NATO were Belgium, Canada, Denmark, France, Iceland, Italy, Luxembourg, the Netherlands, Norway, Portugal, the United Kingdom, and the United States.
Expansion: NATO has expanded since its founding, with new member countries joining in multiple rounds. The alliance currently consists of 32 member countries.

Objectives:

Core mission: NATO’s core mission is collective defense, as articulated in Article 5 of the North Atlantic Treaty. This article specifies that an attack on any member nation will be regarded as an attack on all, triggering a collective response from the members.
Role in crisis management: Besides its core function of collective defense, NATO also participates in crisis management activities. These include conflict prevention, peacekeeping, and stabilization efforts in diverse regions globally.

Conclusion: NATO, founded in 1949 for collective defense, faces criticisms for engaging in offensive actions, causing global conflicts, and perceived roles in creating ISIS and provoking tensions with Russia. It has expanded and diversified its roles beyond its original purpose.

Mains Question for practice

Q Examine the key concerns raised about NATO’s actions and their implications for global security.

April 5, 2024

[pib] Ayushman Bharat Health Accounts (ABHA)

Why in the news?

This newscard is an excerpt from an explainer published in the PIB.

Ayushman Bharat Health Accounts (ABHA)

ABHA, an integral part of the Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (AB-PMJAY), serves as a link for all health records of an individual.
It is a sub-component of the Ayushman Bharat Digital Mission launched in September 2021.
It is a 14-digit id employed to uniquely identify individuals, verify their identity, and connect their health records (with their consent) across various systems and stakeholders.

Features of ABHA

Cashless Transactions: ABHA enables cashless transactions for eligible beneficiaries, reducing the financial burden during medical emergencies.
Electronic Health Records (EHR): It integrates electronic health records, facilitating storage, and retrieval of patient information for streamlined healthcare delivery.
Portability: ABHA accounts are portable across various healthcare providers under the Ayushman Bharat scheme, ensuring seamless access to services.
Real-time Monitoring: Incorporating real-time monitoring mechanisms to track fund utilization, ABHA ensures efficient allocation and prevents misuse.

Various Components

Beneficiary Identification: ABHA involves the identification and registration of eligible beneficiaries under the Ayushman Bharat scheme, assigning a unique health identification number (UHID).
Funds Management: It manages the allocation and disbursement of funds for healthcare services, ensuring prompt and secure transfers.
Claim Settlement: ABHA processes and settles claims submitted by healthcare providers, verifying authenticity, and disbursing payments.
Audit and Oversight: Incorporating audit mechanisms to monitor fund utilization, ABHA ensures compliance with regulations and maintains system integrity.

Back2Basics: Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (AB-PMJAY)

	Details
Umbrella Scheme	Ayushman Bharat Incepted in National Health Policy 2017, to achieve the vision of Universal Health Coverage (UHC)
Launch Year	2018
Components	Health and Wellness Centres (HWCs) Pradhan Mantri Jan Arogya Yojana (PM-JAY)
Pradhan Mantri Jan Arogya Yojana (PM-JAY)	Offers a sum insured of Rs. 5 lakh per family for secondary and tertiary care Provides cashless and paperless access to services at any empanelled hospital across India Portable scheme, allowing beneficiaries to avail treatment at any PM-JAY empanelled hospital
Coverage	3 days pre-hospitalisation and 15 days post-hospitalisation Includes diagnostic care and expenses on medicines No restriction on family size, age, or gender Covers all pre-existing conditions from day one
Beneficiaries	Identified through Socio-Economic Caste Census (SECC) data
Funding	Shared funding: 60:40 for states and UTs with legislature, 90:10 in Northeast states and J&K, Himachal Pradesh, and Uttarakhand, 100% central funding for UTs without legislature
Nodal Agency	National Health Authority (NHA) Autonomous entity under the Society Registration Act, 1860 Responsible for effective implementation of PM-JAY in alliance with state governments State Health Agency (SHA) Apex body of the State Government responsible for the implementation of AB PM-JAY in the State

PYQ:

2021:

“Besides being a moral imperative of a Welfare State, primary health structure is a necessary precondition for sustainable development.” Analyse.

Practice MCQ:

Consider the following statements about the Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (AB-PMJAY):

1. 3 days pre-hospitalisation and 15 days post-hospitalisation.

2. Includes diagnostic care and expenses on medicines.

3. No restriction on family size, age, or gender.

4. Beneficiaries are identified from national family health survey.

How many of the above discussed features is/are correct?

(a) One

(b) Two

(d) Four

April 5, 2024

Living wills implementation lags in India

Why in the news?

In early March this year, 30 people in Thrissur in Kerala executed living wills.

Context:

The Supreme Court’s 2018 order on Passive Euthanasia, wherein it recognized the ‘Right to die with dignity’ as a fundamental right and an aspect of Article 21 (right to life) of the Constitution.
However, the people wanting to get a “living will” registered were facing problems due to cumbersome guidelines, prompting a reconsideration by the apex court.
A Constitution Bench, led by Chief Justice of India Dipak Misra, in three concurring opinions, upheld that the fundamental right to life and dignity includes the ‘Right to Refuse Treatment and Die with dignity’.

What is a Living Will?

A Living Will is a healthcare directive, in which people can state their wishes for their end-of-life care, in case they are not in a position to make that decision.

The Court’s procedure:

Pre-2023: Initially, the process of creating living wills was deemed overly complex by the Court, with elaborate bureaucratic procedures in place to prevent abuse by unscrupulous individuals seeking to exploit the patient’s assets.
Post-2023: Recognizing the impracticality of requiring judicial magistrate countersignatures on living wills, the Court streamlined the process in January 2023. Now, living will require signatures in the presence of witnesses, attestation by a notary or gazetted officer, and submission to a designated government officer acting as a custodian.

Challenges in Implementation :

Decision-Making Process: Even if a living will is created, its implementation is not automatic. Decisions on withholding or withdrawing treatment require certification by primary and secondary medical boards, posing logistical challenges, especially in hospitals without designated boards.
Ambiguities and Discomfort: Ambiguities in guidelines, discomfort with end-of-life care topics, and unclear legal definitions contribute to the hesitancy among officials to implement the Court’s directives without clear instructions from higher authorities.
Legal Ambiguity: Indian law lacks a clear definition of ‘next of kin’, leading to potential disputes among family members about medical decisions for terminally ill patients.
Barriers to End-of-Life Decisions: A survey of intensive care doctors reveals a general belief that end-of-life decisions are fraught with legal implications, serving as a significant barrier to making such decisions in the ICU.
Regional Disparities in India:

Haryana: While some states like Haryana have issued directions to follow the judgment, they have not provided essential guidance or protocols for implementation.
Odisha: In contrast, Odisha has taken a more thorough approach by forming a committee of experts to develop detailed draft orders for implementing the judgment, setting a potential example for other states.

Conclusion: The central government could help bridge the gap in expertise by developing and publishing model orders and protocols to provide states with confidence and guidance in effectively implementing the judgment.

Mains question for practice

Q Discuss the challenges surrounding the implementation of living wills in India, as established by the Supreme Court’s landmark judgment in 2018.

April 4, 2024

[3 April 2024] The Hindu Op-ed: The Gaza war needs a smart exit strategy

PYQ Relevance:
Mains:
Q) Too little cash, too much politics, leaves UNESCO fighting for life.’ Discuss the statement in the light of US withdrawal and its accusation of the cultural body as being ‘anti-Israel bias’. (UPSC CSE 2019)
Q) How will the I2U2 (India, Israel, UAE, and USA) grouping transform India’s position in global politics? (UPSC CSE 2022)

Note4Students:

Prelims: UNSC;

Mains: UNSC; Recent Global challenges;

Mentor comments: “History always repeats itself”. We all know that it is always easy to start a war but very difficult to decide when and how to call it off. If we see our Global past, the U.S. war in Afghanistan is a classical example. It was launched in October 2001 with the aim of ‘finishing off Al-Qaeda’, later it became a war that dragged on till the U.S. finally made a messy exit in August 2021. Secondly, think about the U.S. war in Iraq in 2003 is another example of a military offensive without a clearly defined exit strategy. The same history applies to the present context of the Middle East (Gaza Issue). Although the UNSC passed the Resolution, still the stand of major powers like the US remains questionable and it eventually leads the situation ‘back to square one’ in the context of Israel.

Let’s learn.

—

Why in the News?

The Gaza Issue has become a more unwinnable conflict even after the UNSC resolution in March 2024.

The Story behind the war concerning Israel and Hamas:

Israel had two major aims:
- To Flatten Gaza: By eliminating Hamas, and getting back all its hostages. With the war well into its sixth month, it is important to review each of these aims. In short, Israel has flattened Gaza, in such a way that Gaza will be virtually uninhabitable (created a Buffer Zone) for years.
- Destruction of Hamas: Israel has succeeded in eliminating only 30% of an estimated 30,000 Hamas fighters. Except for the exchange of a few hostages during a brief ‘humanitarian pause’ last November, Israel has not been able to rescue its hostages.
Hamas had two objectives:
- Reminding Palestinian cause: To remind the world that while talks of normalization and reconciliation between Israel and the Arab world could go on; the cause for a Palestinian state could not be lost sight of.
- Creating Support base: To expose to the world, and especially its support base, the false sense of the invincibility of the Israeli military and its intelligence services. For Hamas, it was not about winning the war militarily but making its voice heard.

Major Challenges that are arising throughout the immediate region:

Neighboring countries in the region, Egypt and Qatar have been separately negotiating for an early ceasefire. Still, Israel had launched an attack on Gaza for the second time, again resulting in heavy civilian casualties.
Meanwhile, Hezbollah has also intensified its missile strikes, inflicting damage to key military assets and loss of lives.
Houthi rebels in the southern part continue to disrupt and block Israeli, U.S., and British ships in the Red Sea, causing heavy economic losses for Israel and its allies.

The passing of UNSC Resolution:

On March 25, 2024, the United Nations Security Council (UNSC) adopted a resolution demanding an immediate ceasefire in Gaza calling for the immediate and unconditional release of all hostages.

Previously, all four resolutions in the UNSC had failed due to veto, thrice exercised by the US. Although the US has historically protected Israel from censure, this time it abstained from voting. The resolution this time drew mixed reactions.

Israel was the first to react, as it canceled the visit of its ministerial delegation to the US. Under Israeli pressure, the U.S. came out with a statement that the UN Resolution is ‘non-binding’ and that Israel can continue what it is doing in Gaza, making a mockery of the whole process in the UNSC.

Hamas, on the other hand, initially welcomed the ceasefire resolution, but later, reiterated its position on a permanent ceasefire accompanied by a complete withdrawal of Israeli forces from Gaza. This turned the whole situation into a ‘back to square one’.

Is the UNSC resolution binding?
UNGA resolutions are like recommendations, while UNSC resolutions are normally seen as somewhat more prescriptive. However, there is a difference between UNSC votes under Chapter 6 and Chapter 7 of the UN Charter, with the latter considered as binding.

How can it be enforced?
If the UNSC wants to enforce its decision, it can decide to authorize travel bans, sanctions, or the sending of troops.

What are the Impacts on Israel?

Military Impact: The Israeli Army has suffered losses and injuries to its personnel. Militarily, Gaza has been defeated, but Hamas, as an organization, is unlikely to be eliminated.
Economic Impact: Its economy is shrinking rapidly, with some estimates showing a decline of almost 20%.
Political Impact: Currently, it is becoming difficult for Mr. Netanyahu to hold on to his position, domestically and internationally. The U.S., Israel’s staunchest ally, has, in the past few weeks, made it clear that Israel has to restrain itself and cannot bank upon blanket support for any Israeli action in Gaza.

What is the most viable option then for Israel?

Adapting to Ceasefire: To prevent a recurrence of ‘another 07th October’, there is an urgent need for an early ceasefire and withdrawal of forces from the Gaza Strip.
Two-state solution: Stakeholder countries will have to go back to the drawing board and search for a time-bound and acceptable solution.

Conclusion: Israel and Palestine are bound by geography and destiny and the solution for a peaceful future will have to include major compromises and climb-downs from previously stated positions.

https://www.thehindu.com/opinion/lead/the-gaza-war-needs-a-smart-exit-strategy/article68020974.ece

April 3, 2024

Why Supreme Court bar unregulated soil extraction for linear projects?

Why in the News?

Recently, the SC revoked the notification given by the Environment Ministry to exempt the extraction of ordinary earth for linear projects, such as road and railway construction.

It was challenged before the National Green Tribunal (NGT), which asked the Ministry to review it within three months. However, the Ministry did not take any action, leading the matter to reach the SC.

What are the linear projects?

Linear projects refer to Construction or Development Projects. It includes the construction of linear structures like utility lines, pipelines, railroad tracks, highways, stormwater channels, and stream restoration activities.

What was the 2020 exemption?

September 2006: The Environment Ministry issued a notification under the Environment (Protection) Act, 1986, on activities that would require prior Environmental Clearance.
January 2016: A second notification was issued, exempting certain categories of projects from this requirement.
March 2020: It added “Extraction or sourcing or borrowing of ordinary earth for the linear projects such as roads, pipelines, etc” to the list of exempted activities.
- The general purpose of the 2020 notification was to conform to the amendments made to the Mines and Minerals (Development and Regulation) Act, 1957, in March 2020, allowing new lessees to continue mining for two years with the statutory clearances and licenses issued to their predecessors.

Nexus between the Judiciary and the Union Government (Ground for Challenges)

- Judicial stand: The SC invalidated the broad and random exception, highlighting that the announcement was rushed during the COVID-19 lockdown without seeking feedback or objections through prior notification.

The exemption granted without incorporating safeguards was deemed arbitrary and violative of Article 14 of the Constitution.

The court emphasized that the absence of safeguards defeats the purpose of the Environment Protection Act (EP Act).

An argument by the center: The Center contended that the exemption was essential “to benefit the general public” and would support “the kumhars (potters), farmers, gram panchayats, banjaras, roads of Gujarat,” and all non-mining activities recognized by the states.
- However, the Apex court stated that the Centre had failed to provide reasons for concluding that the notification was issued in the public interest.

Similar Judicial Scrutiny in the Past:

January 2018: The NGT quashed an exemption offered by the Ministry’s 2016 notification from the requirement of prior EC for building and construction activities having built-up areas of more than 20,000 sq m. According to the Tribunal, there was nothing to suggest an improvement in the quality of the environment to justify the exemption.
July 2015: Underlining that the EP Act mandates prior approval, the NGT struck down two Office Memorandums issued by the Ministry in December 2012 and June 2013 for granting ex-post facto EC to projects under the 2006 notification.
July 2021: Another notification of the Ministry that sought to perpetuate an amnesty window opened for just six months in March 2017 to clear projects under the “violation category” and issued ex-post facto approval to more than 100 projects, until the SC stayed it in January this year.
March 2024: The Kerala HC quashed a 2014 notification that exempted educational institutions and industrial sheds with built-up areas of more than 20,000 sq m from obtaining EC.

Conclusion: The Supreme Court invalidated the Environment Ministry’s exemption for earth extraction in linear projects due to a lack of justification and safeguards, emphasizing compliance with Environmental Clearance to minimize environmental harm, safeguarding the Environment Protection Act’s purpose.

Mains PYQ

Q How does the draft EnvironmentImpact Assessment(EIA)Notification, 2020 differ from the existing EIA Notification, 2006? (UPSC IAS/2020)

April 3, 2024

What is Zero FIR?

Why in the news?

The Hyderabad Police have initiated a zero FIR case against former minister for alleged derogatory remarks against Telangana CM.

First Information Report (FIR)

An FIR is a written document prepared by the police upon receiving information about a cognisable offence.
It is when an officer can arrest a suspect without a court’s warrant if/she has “reason to believe” that the person committed the offence and arrest is necessary based on certain factors.
It serves as the first step towards initiating the investigation process and subsequent police actions.
Section 154(1) of the Criminal Procedure Code (CrPC) empowers the police to register an FIR for cognizable offences.
Section 166A of the Indian Penal Code (IPC) provides punishment for public servants failing to record information related to a cognizable offence, with imprisonment of up to two years and a fine.

What is Zero FIR?

Provision and Purpose: Zero FIR allows any police station to register an FIR for a cognisable offence without assigning a regular FIR number initially.
No diary: Whereas FIRs have serial numbers assigned to them, zero FIRs are assigned the number ‘0’. Hence the name.

Features of a Zero FIR:

Swift Action: The relevant police station subsequently registers a fresh FIR and commences the investigation.
Focus on Victims: It is designed to expedite complaint lodging, particularly for serious crimes involving women and children, without the need to approach multiple police stations.
Preserving Evidence: Early registration helps prevent the loss or tampering of crucial evidence and witnesses.
Transferred Jurisdiction: The Zero FIR is later transferred to the relevant police station where the offence occurred or where the investigation should be conducted.

How does it work?

After a police station registers a zero FIR, it has to transfer the complaint to a police station that has the jurisdiction to investigate the alleged offence.
Once a zero FIR is transferred, the police station with the appropriate jurisdiction assigns it a serial number, thereby converting it into a regular FIR.

Legal Provisions for Zero FIR

The provision of Zero FIR finds support in various judgments and recommendations:

Satvinder Kaur vs. State (1999): The Delhi High Court held that a woman has the right to lodge her complaint from any place other than where the incident occurred.
Justice Verma Committee (2012): The introduction of Zero FIR was based on the recommendation of the Justice Verma Committee, which was formed in response to the 2012 Nirbhaya gangrape case.
Lalita Kumari vs. Govt. of UP (2014): The Supreme Court ruled that registration of an FIR is mandatory when information discloses the commission of a cognizable offence.

PYQ:

2021: With reference to India, consider the following statements:

1. Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked-up in police station, not in jail.

2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(d) Neither 1 nor 2

Practice MCQ:

Regarding the Zero FIR, consider the following statements:

1. Zero FIR allows any police station to register an FIR for a cognizable offence without assigning a regular FIR number initially.

2. Whereas FIRs have serial numbers assigned to them, zero FIRs are assigned the number ‘0’.

Which of the given statements is/are correct?

(a) Only 1

(b) Only 2

(d) Neither 1 nor 2

April 3, 2024

Two States: a comparison on access to life-saving C-sections

Why in the News?

The study released by IIT Madras highlights the concerns related to high rates of C-section deliveries among women in Tamil Nadu, particularly in private hospitals.

This indicates the necessity for corrective measures to address the situation.

What is a Caesarean section?

It is also known as C-section or cesarean delivery, which is the surgical procedure by which one or more babies are delivered through an incision in the mother’s abdomen.

It is often performed because vaginal delivery would put the mother or child at risk.

Changes in the share of births delivered by C-sections in public and private sector hospitals in India, Tamil Nadu, and Chhattisgarh between 2015-16 and 2019-21.

High C-section Rate in Public Hospitals: In public sector hospitals in Tamil Nadu, nearly 40% of women underwent C-sections during 2019-21.
High C-section Rate in Private Hospitals: Close to 64% of women underwent C-sections in private sector hospitals in Tamil Nadu during 2019-21, which is significantly higher than both the national average of around 50% and Chhattisgarh’s rate of 59%.
Higher than the National Average: The rate of C-section deliveries in Tamil Nadu’s public sector hospitals is substantially higher than the national average, which is approximately 16%. Additionally, it surpasses the rate in Chhattisgarh, where it stands at 10%.

Reasons behind the increase in C-section rates despite a decrease in pregnancy complications:

Regional Disparities: In Chhattisgarh, the likelihood of a woman undergoing a C-section in a private hospital is ten times higher than in a public hospital. This suggests potential disparities in access to high-quality healthcare services between public and private sectors, with implications for maternal health outcomes.
Socioeconomic Factors: The study assumes that poorer households opt for public hospitals while richer households prefer private ones for deliveries. This socioeconomic divide may contribute to inequitable access to healthcare services at the national level.
Higher Likelihood in Private Health Facilities: Women delivering in private health facilities are more likely to undergo C-sections compared to those in public facilities, with a notable disparity observed in Chhattisgarh.
Maternal Age and Weight Status: Factors such as maternal age (35-49) and overweight status increase the likelihood of C-section delivery.
High gap between Poor and Rich: In India, the gap in C-section prevalence between the poor and non-poor narrowed in private facilities, but Tamil Nadu exhibited a concerning trend where a higher percentage of the poor underwent C-sections compared to the non-poor.

Recommendations by the World Health Organization (WHO): Cesarean delivery rates should ideally not exceed 10-15% to achieve the lowest maternal and neonatal mortality rates. When C-section rates go beyond 10%, there is no significant decrease in maternal mortality. In 2021, global C-section rates surpassed 20%, and they are projected to increase to 30% by 2030.

Conclusion: Access to C-sections in Tamil Nadu shows disparities, with high rates in both public and private hospitals. Addressing regional, and socioeconomic factors and adhering to WHO recommendations are crucial for equitable maternal healthcare.

PYQ Mains

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

https://www.indiatoday.in/health/story/rise-in-c-section-deliveries-despite-decrease-in-pregnancy-complications-iit-madras-study-2521773-2024-04-01

April 2, 2024

Katchatheevu | What is the controversy all about?

Why in the news?

Katchatheevu Island, a disputed stretch in the Palk Strait, was ceded to Sri Lanka during late PM Indira Gandhi, through an agreement.

Fifty years later, PM Modi, has mounted an attack on the Congress and DMK for ‘callously’ giving it away to Sri Lanka.

About the Katchatheevu Island:

Katchatheevu is an uninhabited area in the Palk Strait, between India and Sri Lanka. It was created due to volcanic eruption in the 14th century and is comparatively youthful in the realm of geological chronology.
Historically, it was controlled by the Jaffna kingdom of Sri Lanka in the medieval period.
However, in the 17th century, control passed to the Ramnad zamindari based out of Ramanathapuram, about 55 km northwest of Rameswaram.

The Island became part of the Madras Presidency during the British Raj. But in 1921, both India and Sri Lanka, at the time were British colonies and claimed Katchatheevu to determine fishing boundaries.
A British delegation from India challenged this, citing ownership of the island by the Ramnad kingdom. This dispute was not settled until 1974.

Indo-Sri Lankan Maritime Agreement of 1974:

In 1974, the Indian government, led by Indira Gandhi at the time, endeavored to definitively resolve the maritime border between India and Sri Lanka.
As a component of this arrangement, termed the ‘Indo-Sri Lankan Maritime agreement’, Katchatheevu was relinquished to Sri Lanka.
During this period, it was perceived that the island held minimal strategic significance, and relinquishing India’s claim over it was anticipated to foster stronger relations with its southern neighbor.
Limitations of the Agreement of 1974:
- Issue of fishing rights: The 1974 agreement failed to address the issue of fishing rights. Sri Lanka interpreted the access of Indian fishermen to Katchatheevu as being restricted solely to activities such as resting, drying nets, and visiting the Catholic shrine, without the requirement of a visa.
- The issue concerning EEZ: Further agreement was reached between the two countries, prohibiting fishing within each other’s Exclusive Economic Zones (EEZs).
- However, the proximity of Katchatheevu to the edges of both countries’ EEZs left unresolved questions regarding fishing rights, contributing to ongoing uncertainty.

India’s stand on the Kachchatheevu issue:

August 2013: The Union government informed the Supreme Court that the question of reclaiming Kachchatheevu from Sri Lanka did not arise because no Indian territory was ceded to Sri Lanka. Moreover, it was historically disputed territory between British India and Ceylon (now Sri Lanka), and the matter was settled through agreements in 1974 and 1976.

December 2022: The Union government reiterated the stance, emphasizing that Katchatheevu lies on the Sri Lankan side of the India-Sri Lanka International Maritime Boundary Line as per the agreements. Additionally, it mentioned that the matter was under judicial consideration in the Supreme Court.

Conclusion: The recent mention of Katchatheevu by Prime Minister Modi ahead of elections in Tamil Nadu highlights its contentious nature. To address fishermen’s issues, diplomatic dialogue and legal clarity are crucial.

Mains PYQ

Q What are the maritime security challenges in India? Discuss the organizational, technical, and procedural initiatives taken to improve maritime security. (UPSC IAS/2022)

April 2, 2024

In news: Central Administrative Tribunal (CAT)

Why in the News?

The Allahabad High Court clarified the appellate jurisdiction concerning orders issued by the Central Administrative Tribunal (CAT) in contempt proceedings.
The court ruled that appeals against CAT contempt orders must be filed exclusively before the Supreme Court under Section 19 of the Contempt of Courts Act, 1971.

What is Central Administrative Tribunal (CAT)?

The CAT is a specialized quasi-judicial body in India established under Article 323-A of the Constitution of India.
Its primary function is to adjudicate disputes and complaints related to recruitment and service conditions of government employees.
CAT was set up to provide a speedy and inexpensive remedy to government employees in matters concerning their service conditions and employment disputes.

Establishment of CAT:

The Administrative Tribunals Act in 1985 enacted by the Parliament authorizes the central government to establish Central Administrative Tribunal and the State Administrative Tribunals.
There are 17 Benches and 21 Circuit Benches in the Central Administrative Tribunal all over India.

Jurisdiction of CAT:

The Administrative Tribunal is distinguishable from the ordinary courts with regard to its jurisdiction and procedure.
It exercises jurisdiction only about the service matters of the parties covered by the Act.
CAT exercises jurisdiction over all service matters concerning the following:

A member of any All-India Service
A person appointed to any civil service of the Union or any civil post under the Union
A civilian appointed to any defence services or a post connected with defence

Services NOT Covered:

The following members are NOT covered under the jurisdiction of CAT:

Defense forces, Officers,
The staff of the Supreme Court and
Secretarial staff of the Parliament.

Procedure:

The CAT is guided by the principles of natural justice in deciding cases and is NOT bound by the procedure, prescribed by the Civil Procedure Code.
It is empowered to frame its own rules of procedure and practice.
Under Section 17 of the Administrative Tribunal Act, 1985, the Tribunal has been conferred with the power to exercise the same jurisdiction and authority in respect of contempt of itself as a High Court.

Composition:

The CAT comprises of a chairman, and other members who are appointed by the President of India.
The membership of CAT is filled by members from judicial and administrative fields.
The term of the service is 5 years or until the age of 65 years for chairman; 62 years for members, whichever is earlier. (minimum age is 50 years)
The chairman or any other member may address his resignation to the President in between his term of office.

PYQ:

2019: The Central Administrative Tribunal (CAT) which was established for redressal of grievances and complaints by or against central government employees nowadays is exercising its power as an independent judicial authority. Explain.

Practice MCQ:

Consider the following statements about the Central Administrative Tribunal (CAT):

1. The CAT is a specialized quasi-judicial body.

2. It adjudicates disputes and complaints related to recruitment and service conditions of government employees.

3. Personnel of the armed forces are covered in the jurisdiction of CAT.

How many of the above statements is/are correct?

(a) One

(b) Two

(d) None

April 2, 2024