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GS Paper: GS2

  • How Diplomatic Passports, visa regimes work?

    Why in the news? 

    After allegations of sexual abuse by Janata Dal (Secular) MP Prajwal Revanna came to light, the politician fled to Germany on a Diplomatic Passport.

    What is a Diplomatic Passport? 

    • The normal passports, which have dark blue covers and are valid for 10 years (for adults) while the diplomatic passports have maroon covers, and are valid for five years or less.
    • Holders of such passports are entitled to certain privileges and immunities as per international law, including immunity from arrest, detention, and certain legal proceedings in the host country.

    Who can get a Diplomatic Passport?

    • Diplomatic Status: Individuals with diplomatic status, such as diplomats representing the country abroad, are eligible for diplomatic passports.
    • Government-Appointed Officials: Government-appointed individuals travelling abroad for official business can receive diplomatic passports.
    • Officers of Indian Foreign Service (IFS): Officers working under branches A and B of the Indian Foreign Service (IFS), typically at the rank of Joint Secretary and above, are entitled to diplomatic passports.
    • Relatives of IFS and MEA Officers: Relatives and immediate family members of officers employed in the Indian Foreign Service (IFS) and Ministry of External Affairs (MEA) are eligible for diplomatic passports.
    • Authorized Individuals for Official Travel: Select individuals authorized to undertake official travel on behalf of the government, such as union ministers and Members of Parliament (MPs), may receive diplomatic passports. The validity of these passports is concurrent with the term of the MP.

    Surrender of Diplomatic Passport by MPs: 

    • Individuals who are disqualified from their positions, such as MPs, are required to surrender their diplomatic passports. For example, Congress leader Rahul Gandhi surrendered his diplomatic passport after being disqualified as an MP.

    Why did Prajwal Revanna not need a visa to travel to Germany?

    • Operational Visa Exemption Agreements: India has operational visa exemption agreements with certain countries, including Germany, for holders of diplomatic passports. These agreements allow diplomatic passport holders to travel to these countries without requiring a visa, provided their stay does not exceed 90 days.
    • Reciprocal Deal with Germany: A reciprocal deal signed in 2011 between India and Germany exempts holders of Indian diplomatic passports from obtaining a visa for travel to Germany.
      •  India has similar agreements with other countries, such as France, Austria, Afghanistan, Czech Republic, Italy, Greece, Iran, and Switzerland, where diplomatic passport holders are exempted from visa requirements.
    • Operational Visa Exemption for Other Passport Holders: India also has agreements with 99 other countries where not only diplomatic passport holders but also those holding service and official passports can avail of operational visa exemption for stays up to 90 days.
      • Countries in this list include Bahrain, Brazil, Egypt, Hong Kong, Oman, Singapore, and the United Arab Emirates.
    • Despite not needing a visa, Prajwal Revanna should have applied for prior political clearance for his private visit to Germany. Members using a diplomatic passport are required to apply for political clearance directly to the Ministry of External Affairs (MEA) before proceeding abroad.

    Who can revoke a Diplomatic Passport?

    • Court Order Requirement: The government can revoke a diplomatic passport only after a court order to that effect. The relevant provisions of the Passport Act 1967 stipulate that revocation of a diplomatic passport may occur upon orders from a court during proceedings concerning an offence allegedly carried out by the passport holder before a criminal court.
    • Passport Authority’s Discretion: The Passport Act empowers the passport authority to impound or revoke a passport under various circumstances. These include instances where the holder is in wrongful possession of the passport or obtained it by suppressing material information or in the interests of India’s sovereignty and integrity or friendly relations with foreign countries.
    • Conviction by Indian Court: A diplomatic passport can be revoked if the holder has been convicted by a court in India and sentenced to imprisonment for not less than two years.

    What is the Henley Passport Index?

    • The Henley Passport Index is a renowned ranking system that assesses the strength of passports based on the number of destinations their holders can access without a prior visa.
    • It utilizes data from the International Air Transport Association (IATA) and is enhanced by Henley & Partners’ research team.
    • In the latest 2024 ranking, India’s rank has slipped one place to 85th, despite the number of visa-free destinations increasing to 62 countries

    Way forward

    • Enhanced Oversight and Accountability: Implement stricter oversight mechanisms to monitor the issuance and use of diplomatic passports. Regular audits and reviews can help identify any discrepancies or misuse.
    • Strict Enforcement of Surrender Rules: Enforce existing rules mandating the surrender of diplomatic passports by individuals who are disqualified from their positions, such as Members of Parliament.

     

    Mains PYQ 

    Q Analyse the circumstances that led to the Tashkent Agreement in 1966. Discuss the highlights of the agreement.

  • Financial Relief in Domestic Violence Cases

    Why in the news?

    • A recent question before the Supreme Court compelled it to deliberate on whether damages for domestic violence should be determined based on the injuries sustained by the victim or the perpetrator’s ability to pay.
    • The petitioner contested orders from the Bombay High Court and a trial court directing him to pay Rs 3 crore to his wife under Section 22 of the Protection of Women from Domestic Violence Act, 2005.

    Domestic Violence Law: An Overview

    • The DV Act, 2005 aims to safeguard women’s rights by addressing violence within the family.
    • Key Features of the DV Act:
    Details
    Background Introduced in 2005 to address limitations in civil and criminal courts regarding domestic violence (under Section 498A of the Indian Penal Code).
    Definitions of Violence
    • Includes physical, sexual, emotional, verbal, psychological, and economic abuse (Section 3).
    • Even a single act of harm or injury qualifies as domestic violence.
    Beneficiaries
    • Any woman in a domestic relationship (Section 2).
    • Children can also file complaints, and any person can file on their behalf (Section 2).
    Respondents
    • Adult male members in domestic relationships (Section 2).
    • Relatives of the husband or male partner can also be respondents (Section 2).
    Rights to Residence Women cannot be denied access to resources during legal proceedings (Section 17).
    Other Rights
    • Access to police, shelter, medical aid, and legal assistance.
    • Can obtain various court orders, including protection, residence, and compensation orders (Section 18).
    Remedial Measures
    • Victims entitled to medical facilities, counseling, and shelter (Section 12).
      • Both parties may receive counseling as directed by the court (Section 14).
    • Respondents required to provide compensation for losses incurred by the victim (Section 20).
    • Courts to order respondents to pay damages for injuries, including mental and emotional trauma, resulting from domestic violence (Section 22).
    Protection Officers Appointment of officers in each district, preferably women, with necessary qualifications (Section 8).
    Fixed Timeline All complaints must be heard and disposed of within 60 days (Section 12).

     

    PYQ:

    [2022] Explore and evaluate the impact of ‘Work From Home’ on family relationships.
  • [3 May 2024] The Hindu Op-ed: The Judiciary’s Shadow over Standard-Essential Patents

    [3 May 2024] The Hindu Op-ed: The Judiciary’s Shadow over Standard-Essential Patents

    Mains PYQ Relevance: 

    Q) To achieve the desired objectives, it is necessary to ensure that the regulatory institutions remain independent and autonomous. Discuss in the light of experiences in the recent past. (UPSC IAS/2015)

    Q) The product diversification of financial institutions and insurance companies, resulting in the overlapping of products and services strengthens the case for the merger of the two regulatory agencies, namely SEBI and IRDA. Justify. (UPSC IAS/2013)

    Note4Students: 

    Prelims: Standard Essential Patents (SEP);

    Mains: The effect of judicial lethargy and activism on Standard essential patents (SEP);

    Mentor comments: There is a possible crisis brewing in India over how certain technology companies are wielding ‘standard essential patents’ (SEP) against the telecom manufacturing sector in India. This is a complex policy issue that has direct ramifications for India’s effort to build a domestic manufacturing industry for cellular phones. So far, the issues of regulating SEPs have been left to the judiciary, which, as an institution, has mostly missed the ball.

    Let’s learn

    —

    Why in the News?

    The government must put in place measures to regulate Standard Essential Patents before the judiciary causes further damage to India’s manufacturing dreams.

    What are ‘Standard Essential Patents’ (SEP)? 

    • These are the types of patents that cover technologies that are adopted by the industry as “standards”. For example, technologies such as CDMA, GSM, and LTE are all industry standards in the telecom sector. 
    • Technological standards are especially important to ensure the interoperability of different brands of cellular phones manufactured by different companies.
      • For example, once GSM was adopted as a standard, all manufacturers had to ensure that the handsets that they manufactured were compatible with GSM.

    The Opaque Model:

    • Countries with little innovation in the telecom sector, such as India, have minimal influence over the setting of standards or the licensing of Standard Essential Patents (SEPs). This lack of influence contributes to the opacity of the process.
    • Standard-setting organizations (SSOs) are primarily run by private technology companies, leading to a concentration of power and decision-making among these entities.
    • Owners of SEPs can demand extortionary royalties or licensing terms from manufacturers due to the lack of alternatives. This practice can block competition and hinder market entry for smaller players.
    • The lack of alternatives and the necessity for manufacturers to license SEPs create a “patent holdup” problem, where owners of SEPs can exploit their position to extract higher licensing fees.
    • Despite the theoretical expectation that SSOs would prevent unfair practices, the self-regulation model has failed in practice. This failure is evidenced by the record fines imposed on some SEP owners for engaging in anti-competitive practices.

    The Effect of Judicial Lethargy and Activism

    • Lack of Investigation into Abusive Licensing Practices: Due to judicial lethargy and delays, the Indian government has yet not investigated potentially abusive licensing practices of technology companies owning Standard Essential Patents (SEPs).  
    • Protracted Litigation: Litigation surrounding competition law issues has been mired in delays and remained pending for an extended period, resulting in a lack of resolution. For instance, a case involving Ericsson challenging the Competition Commission of India’s power lasted for seven years before a judgment was delivered.
    • Impact on Manufacturers: The prolonged litigation and uncertainty have adversely affected manufacturers, particularly Indian companies, who have been required to deposit substantial sums of money with the court during the pendency of trials. This has strained their financial resources and affected their ability to operate effectively.
    • Unprecedented Interim Orders: The Delhi High Court has issued unprecedented “deposit” orders, requiring manufacturers to deposit large sums of money with the court before trial.
      • These orders lack legal basis and are unfair to defendants, depriving them of working capital for the duration of the trial.
    • Impact on Investment and Manufacturing Sector: Judicial lethargy and activism have negative implications for the government’s efforts to attract investment in the manufacturing sector.
      • Delays and uncertainties in legal proceedings deter potential investors and undermine the effectiveness of government initiatives like the “production-linked incentives” scheme.
    • Questioning on the Policies of Government: The situation raises questions about the rationale behind government policies that incentivize manufacturing while overlooking issues related to abusive licensing practices by SEP owners. This inconsistency may hinder efforts to promote economic growth and job creation in the country.

    Way Forward:

    • Need for Government Intervention: There is a pressing need for the Indian government to intervene and implement measures to regulate SEPs. The current judicial delays and uncertainties surrounding SEPs are hindering India’s manufacturing aspirations.
    • Ensuring Fairness and Equity: Regulatory measures would aim to ensure fairness and equity in the licensing of SEPs, preventing monopolistic practices and extortionate royalties that could hinder competition and innovation.

  • Recognize ‘this leave’ as a woman’s right

    Why in the news?

    The DMK’s 2024 election manifesto in Tamil Nadu pledges to advocate for a law mandating menstrual leave for women, promoting gender equality and women’s welfare.

    Tracking Regional Progress:

    • Indian States:
        • The Kerala Sahitya Academy published work, Kerala in 19th Century, mentions that Kerala was the first (in the Cochin State) to recognize the need for “ period leave” for students and allowed it during examinations in 1912.
        • Kerala, in January 2023, introduced menstrual and maternity leave to all students above the age of 18.
        • Bihar, in 1992, allowed government employees two-day menstrual leave.
    • Asian Countries: 
      • Japan introduced menstrual leave in 1947, Indonesia in 1948, and South Korea. Taiwan and Vietnam have also implemented paid leave. But concerning the Asian countries, the progress made by the western world, except in Sweden and Spain, is still abysmal.

    Global Scenario:

    • International Labour Organisation report, in 2003, asked nations to recognise menstrual leave.
    • The World Health Organization recognised a non-governmental organisation driven World Menstrual Hygiene Day on May 28 from 2014.
    • India’s new code on Social Security, 2020, passed by Parliament, which consolidated existing labour laws (yet to be notified), has not included the aspect of menstrual leave in its code.

    Evidence related to impact:

    Women laborers in the sugarcane fields of Maharashtra and agricultural laborers in Telangana have been documented to have hysterectomies as menstrual-related absences could endanger their livelihoods.

    Legal Initiatives in India:

    • Bill in Tamil Nadu: In December 2021, S. Jothimani, Congress Member of Parliament (MP) from Tamil Nadu, had introduced a Private Member Bill named, ‘Right to Menstrual Hygiene and Paid Leave Bill, 2019’, which sought to bring menstrual leave into the ambit of the rights of a woman.
    • Bill in Arunachal Pradesh: Congress MP from Arunachal Pradesh, introduced a private member Bill on menstrual leave in 2017 (the Menstruation Benefit Bill, 2017).
    • Bill in Kerala: Shashi Tharoor, Congress MP from Kerala, introducing a similar Bill named The Women’s Sexual, Reproductive and Menstrual Rights Bill, 2018.
    • The Supreme Court of India, early in 2023, refused to entertain a public interest litigation in Shailendra Mani Tripathi vs Union of India which sought direction to the state on menstrual leave; it thought that it is in the policy domain of the government. 

    Way Forward: 

    • Legislation and Policy Implementation: Advocate for the passage of bills at both the state and national levels that mandate menstrual leave for women. Additionally, ensure effective implementation and enforcement of these policies to guarantee that women can avail themselves of their entitled leave without fear of discrimination or repercussions.
    • Awareness and Education: Launch comprehensive awareness campaigns to remove shame of menstruation and promote understanding of its biological, social, and cultural aspects.

    Mains PYQ 

    Q Women empowerment in India needs gender budgeting. What are requirements and status of gender budgeting in the Indian context?

  • [pib] National Anti-Doping Agency (NADA)

    Why in the news?

    • The National Anti-Doping Agency (NADA), India, recently concluded its #PlayTrue Campaign, commemorating WADA’s Play True Day.
    • The campaign aimed to raise awareness about clean sport and anti-doping practices across India.

    National Anti-Doping Agency (NADA):

    • Established in November 2005 by the Government of India with the objective of ensuring dope-free sports.
    • Formed as a registered society under the Societies Registration Act of 1860.
    • Functions as an autonomous body under the Ministry of Youth Affairs and Sports.
    • It follows the World Anti-Doping Code (WADC) and the Prohibited List published annually by the World Anti-Doping Agency (WADA).
    • Primary functions include:
    1. Conducting In-Competition and Out-of-Competition dope testing of athletes across various sports disciplines.
    2. Educating athletes, coaches, and support personnel about the dangers of doping and the importance of clean sports through awareness programs and workshops.
    3. Implementing a robust anti-doping policy framework in line with international standards.
    4. Investigating and prosecuting anti-doping rule violations in accordance with the WADA Code.
    5. Collaborating with international anti-doping organizations and agencies to ensure harmonization of anti-doping efforts globally.
    6. Providing support and guidance to National Sports Federations (NSFs), State Sports Associations (SSAs), and other stakeholders to develop and implement effective anti-doping measures.

    Key Function: Dope Testing

    • NADA conducts both in-competition and out-of-competition dope testing of athletes participating in various national and international sports events.
    • NADA employs trained Doping Control Officers (DCOs) who are responsible for conducting dope testing at sports events and collecting samples from athletes.
    • These officers are trained to adhere to international standards and protocols during sample collection.
    • NADA works towards ensuring compliance with the WADA Code and the National Anti-Doping Rules by all stakeholders involved in Indian sports, including athletes, coaches, NSFs, and SSAs.

    Allowed Substances and Methods:

    • Therapeutic Use Exemptions (TUEs): Athletes can apply for TUEs to use otherwise prohibited substances for legitimate medical reasons. TUEs are granted based on the assessment of medical documentation by anti-doping authorities.
    • Specified Substances: Some substances, such as certain beta-2 agonists and glucocorticoids, are permitted in specific dosages or routes of administration and may require a TUE depending on the circumstances.
    • PROHIBITED:  Prohibited substances and methods include anabolic agents, peptide hormones, beta-2 agonists, hormone and metabolic modulators, diuretics, stimulants, narcotics, cannabinoids, glucocorticoids, beta blockers, blood doping, and gene doping.

    Back2Basics: World Anti-Doping Agency (WADA)

    • WADA was established in 1999 and is headquartered in Montreal, Canada.
    • It was set up as a foundation under the International Olympic Committee (IOC).
    • It was formed pursuant to the terms of the Lausanne Declaration (1999), which provided for the creation of an independent international anti-doping
    • WADA is responsible for the World Anti-Doping Code, adopted by more than 650 sports organizations, including international sports federations, national anti-doping organizations, the IOC, and the International Paralympic Committee

     

    PYQ:

    [2021] Consider the following statements in respect of the Laureus World Sports Award which was instituted in the year 2000:​

    1. American golfer Tiger Woods was the first winner of this award.​

    2. The award was received mostly by ‘Formula One’ players so far.​

    3. Roger Federer received this award maximum number of times compared to others.​

    Which of the above statements are correct?

    (a) 1 and 2 only

    (b) 2 and 3 only

    (c) 1 and 3 only

    (d) 1, 2 and 3

  • Hindu Marriage not valid without requisite Ceremonies: SC

    Why in the news?

    • The Supreme Court recently emphasized the sacredness of Hindu marriage, stating it is not merely a social event but a ‘samskara’ and a sacrament of significant value in Indian society.
    • The court’s observations came in response to a case involving two commercial pilots seeking a divorce decree without a valid Hindu marriage ceremony.

    About Hindu Marriage Act, 1955

    Details
    Enactment Passed by the Parliament of India on May 18, 1955.
    Purpose Amendment and codification of laws related to marriage among Hindus and others.
    Applicability
    • Applies to Hindus, Buddhists, Jains, Sikhs, and others NOT governed by Muslim, Christian, Parsi, or Jewish laws.
    • NOTE: The Special Marriage Act, 1954 applies to all citizens of India, irrespective of religion, faith, or belief.  It facilitates inter-religious and inter-caste marriages.
    Conditions for Marriage Section 5 specifies conditions including age, mental capacity, consent, and absence of prohibited relationships.

    Features of the HMA
    Guardianship for Marriage Section 6 outlines the persons entitled to give consent for a bride’s marriage.
    Solemnization of Marriage Section 7 recognizes customary rites and ceremonies for Hindu marriage.
    Registration of Marriage Section 8 allows for the registration of Hindu marriages for facilitating proof.
    Ceremonies for a Hindu Marriage
    • Explains the special varieties of ceremonies that may be done to solemnize a Hindu marriage. Ex. ‘Saptapadi’
    • It acknowledges each conventional and court-registered marriage.
    Restitution of Conjugal Rights Section 9 permits application for restitution of conjugal rights if one spouse withdraws without excuse.
    Judicial Separation Section 10 provides for judicial separation based on certain grounds.
    Nullity of Marriage and Divorce Grounds for voidable marriages and divorce specified in Sections 11-13.
    Mutual Divorce Section 13B allows mutual divorce by consent of both parties.
    Alimony and Maintenance Sections 24-25 enable spouses to seek maintenance and alimony post-divorce.
    Marriage Laws (Amendment) Bill, 2010 Proposed amendments for easier divorce on grounds of irretrievable breakdown.
    Judicial Review Supreme Court rulings on divorce petitions and exercise of powers under Article 142.

    Essence of Hindu Marriage: Supreme Courts’ Observations

    • Denouncement of Unrecognized Marriages:
        • The Supreme Court denounced the practice of seeking marital status without a valid ceremony.
        • Emphasized that marriage is a lifelong commitment and not to be treated lightly.
    • Sacred Character of Hindu Marriage:
        • Hindu marriage is termed as a ‘sacrament’ with a sacred character.
        • It symbolizes the unity of two individuals into a dignified, equal, and consensual union.
    • Institutional Importance:
        • Viewed as a vital institution for procreation, family consolidation, and fostering fraternity within communities.
    • Adherence to Rites and Ceremonies:
        • The court reiterated that a Hindu marriage must adhere to the rites and ceremonies prescribed under the Hindu Marriage Act.
        • For instance, the ‘saptapadi’ ceremony is essential for validity.
    • Role of Marriage Registration:
      • Marriage registration aids in providing evidence of the wedding.
      • However, it does not confer legitimacy if the marriage is not solemnized according to the Hindu Marriage Act.

    PYQ:

    [2020] Customs and traditions suppress reason leading to obscurantism. Do you agree?

    [2015] Discuss the possible factors that inhibit India from enacting for its citizen a uniform civil code as provided for in the Directive Principles of State Policy.

  • [pib] 57th Session of the Commission on Population and Development (CPD57)

    Why in the news?

    India’s Elected Women Representatives (EWRs) are participating in the Commission on Population and Development (CPD57) 57th session at the United Nations Headquarters in New York.

    About Commission on Population and Development (CPD)

    Details
    Establishment Established by United Nations Economic and Social Council (ECOSOC) resolution 18(IV) in 1946 to advise on population and development issues.
    Mandate Provides guidance and recommendations on population and development policies to ECOSOC and the UN General Assembly.
    Membership Comprises 47 member states elected by ECOSOC for 4-year terms, based on geographic representation and expertise.
    Meetings Holds annual sessions at the United Nations Headquarters in New York, typically in April.
    Themes Focuses each session on specific population and development themes, such as youth empowerment and gender equality.
    Reports and Resolutions Prepares reports and adopts resolutions containing recommendations for action by ECOSOC and the UN General Assembly.
    Linkage to SDGs Closely aligned with the Sustainable Development Goals (SDGs), particularly Goal 3, 5, 10, and 17.
    Regional Collaboration Collaborates with regional commissions and expert groups to analyze population trends and develop strategies at regional and national levels.

     

    PYQ:

    [2017] What are the main functions of the United Nations Economic and Social Council (ECOSOC)? Explain different functional commissions attached to it.

    [2017] With reference to the role of UN-Habitat in the United Nations programme working towards a better urban future, which of the statements is/are correct?

    1. UN-Habitat has been mandated by the United Nations General Assembly to promote socially and environmentally sustainable towns and cities to provide adequate shelter for all.

    2. Its partners are either governments or local urban authorities only.

    3. UN-Habitat contributes to the overall objective of the United Nations system to reduce poverty and to promote access to safe drinking water and basic sanitation.

    Select the correct answer using the code given below:

    (a) 1, 2 and 3

    (b) 1 and 3 only

    (c) 2 and 3 only

    (d) 1 only

  • Analyzing labor on a warming planet

    Why in the News?

    The International Labour Organization’s (ILO) latest report, ‘Ensuring safety and health at work in a changing climate’, is an urgent call to ensure the future of labour is climate proofed and to address the constantly evolving work environment as the planet warms.

    What are the Emerging Hazards? (The ILO has identified six key impacts of climate change)

    • Solar Ultraviolet Radiation: Increased exposure to solar ultraviolet radiation due to climate change can have adverse effects on outdoor workers, potentially leading to skin damage and cancer.
    • Extreme Weather Events: Climate change is contributing to the frequency and intensity of extreme weather events such as hurricanes, floods, and wildfires, which pose significant risks to workers in various sectors.
    • Workplace Air Pollution: Climate change can exacerbate air pollution in workplaces, particularly in industrial settings, leading to respiratory illnesses and other health problems among workers.
    • Vector-Borne Diseases: Changing climate patterns can influence the distribution and prevalence of vector-borne diseases such as malaria, dengue fever, and Zika virus, posing risks to workers in affected regions.
    • Agrochemicals: Agricultural workers may face increased exposure to agrochemicals due to changes in pest and disease patterns resulting from climate change, potentially leading to health issues such as pesticide poisoning.
    • Gig Economy Workers: The rise of gig employment, particularly in heat-susceptible sectors such as transportation and delivery services, exposes workers to additional risks related to heat stress and other climate-related hazards.

    Most affected Sectors of the Economy:

    • Agriculture: Despite a decline in the proportion of the workforce engaged in agriculture over the past few decades, it remains the most heat-susceptible sector, particularly in the developing world like India.
      • The NSSO data of July 2018-June 2019 reveal that almost 90% of Indian farmers own less than two hectares of land, and earn an average monthly income of a little over ₹10,000
    • Micro, Small, and Medium Enterprises (MSMEs): India’s vast MSME sector, employing over 123 million workers, contributes significantly to the country’s economy. However, the sector’s informalization poses challenges in ensuring worker safety and health.
      • Lack of oversight by state Occupational Safety and Health (OSH) departments makes workers highly vulnerable to heat hazards, despite the sector’s substantial contribution to exports and manufacturing output.
    • Building and Construction: With approximately 70 million workers, the construction sector in India faces the urban heat island effect, especially in rapidly growing cities. Workers in this sector are exposed to physical injuries and health hazards such as asthma due to air pollution, as many Indian cities rank among the most polluted globally as per World Air Quality Report 2023 by IQAir.

    About Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code, 2020): 

    • This is a comprehensive law, enacted in September 2020.
    • It consolidates and amends more than 13 central laws related to workplace safety, including the Factories Act, 1948, the Workmen Compensation Act, 1923, the Building and Other Construction Workers Act, 1996, the Plantations Labour Act, 1951, the Mines Act, 1952, and the Inter-State Migrant Workmen Act, 1979.
    • However, the enforcement of this law is yet to be officially notified by the Union government.

     

    Way forward:

    • Enhanced Regulations and Enforcement: Implement and enforce the Occupational Safety, Health, and Working Conditions Code, 2020 to ensure comprehensive protection for workers across all sectors. This includes setting clear standards for workplace safety, regular inspections, and penalties for non-compliance.
    • Heat Stress Management: Implement measures to manage heat stress in workplaces, especially in heat-susceptible sectors like agriculture and construction. This can include providing access to shaded rest areas, increasing hydration facilities, adjusting work schedules to avoid peak heat hours.
    • Healthcare Access: Ensure access to healthcare services for workers, including regular health check-ups and treatment for heat-related illnesses and other occupational health issues. This may involve setting up medical facilities near worksites or providing transportation to nearby healthcare facilities.

    Mains PYQ 

    Q ‘Climate change’ is a global problem. How India will be affected by climate change? How Himalayan and coastal states of India will be affected by climate change? (UPSC IAS/2017)

  • Budgets and Bills passed with little deliberation

    Why in the news? 

    • Madhya Pradesh passed 85% of its Budget without discussion in 2023 followed by Kerala and Jharkhand.
    • These observations are based on repot of PRS Legislative Research’s Annual Review of State Laws 2023.The report analyses the performance of State legislatures in various key functions.

    BACK2BASICS: 

    What is Public Accounts Committee (PAC)? 

    • The inception of the Public Accounts Committee dates back to 1921 following its initial reference in the Government of India Act, 1919, commonly known as the Montford Reforms.
    • Currently, the formation of the Public Accounts Committee is an annual occurrence as per Rule 308 of the Rules of Procedure and Conduct of Business in the Lok Sabha.
    • The primary objective of the Public Accounts Committee (PAC) is to examine and scrutinize the government’s financial transactions and expenditures to ensure transparency, accountability, and proper utilization of public funds.

     

    Key points related to report on the performance of State legislatures in India in 2023:

    • Budget Passing Without Discussion: Nearly 40% of the ₹18.5 lakh crore budget presented by 10 States was passed without discussion. In some States like Madhya Pradesh, Kerala, Jharkhand, and West Bengal, a significant portion of the budget was passed without debate.
    • Public Accounts Committee (PAC) Inactivity: In five States, including Bihar, Delhi, Goa, Maharashtra, and Odisha, the PAC did not table any reports in 2023. Maharashtra’s PAC neither met nor released a report during the year.
    • Fast-Track Passage of Bills: A significant number of bills were passed quickly with minimal debate, with 44% passed either on the same day they were introduced or the next day. This trend was consistent with previous years, indicating a pattern of swift legislative activity.
    • Promulgation of Ordinances: 84 ordinances were promulgated in 20 States, covering various subjects such as new universities, public examinations, and ownership of apartments. Uttar Pradesh, Andhra Pradesh, and Maharashtra accounted for the highest number of ordinances.
    • Regional Disparities: There were regional disparities in legislative activity, with states like Tamil Nadu and Himachal Pradesh tabling a significant number of PAC reports, while others like Maharashtra and Bihar saw inactivity. Similarly, some states passed bills quickly, while others took more time for deliberation.

    Negative implication

    • Lack of Transparency: Budgets being passed without discussion indicate a lack of transparency and accountability in the budgetary process, potentially leading to decisions being made without proper scrutiny or public input.
    • Ineffective Oversight: The inactivity of Public Accounts Committees (PACs) in some states suggests a failure of oversight mechanisms, undermining the scrutiny of government expenditure and accountability for public funds.
    • Quality of  Legislation: The fast-track passage of bills with minimal debate raises concerns about the quality of legislation and the thoroughness of deliberation, potentially resulting in hastily drafted or poorly scrutinized laws.
    • Overuse of Ordinances: The high number of ordinances promulgated signifies a reliance on executive orders to bypass the legislative process, which can undermine democratic principles and the role of the legislature in lawmaking.

    Way forward 

    • Enhancing Transparency and Accountability: Mandate thorough discussions and debates on budgets before passage to ensure transparency and accountability in financial decision-making.Establish mechanisms for public participation and input in the budgetary process to increase transparency and foster citizen engagement.
    • Reforming Oversight Mechanisms: Strengthen the functioning of Public Accounts Committees (PACs) by ensuring regular meetings and timely submission of reports.Empower PACs with adequate resources, authority, and independence to effectively scrutinize government expenditure and promote accountability.

    Mains PYQ 

    Q Discuss the role of Public Accounts Committee in establishing accountability of the government to the people. (UPSC IAS/2017) 

  • EC’s Model Code of Conduct (MCC) Need Reforms

    Why in the news?

    The Election Commission of India (ECI) has issued notifications regarding complaints of violations of the Model Code of Conduct (MCC) against prominent leaders in India.

    Model Code of Conduct (MCC)

    • Set of guidelines : The Model Code of Conduct (MCC) is a set of guidelines issued by the Election Commission of India (EC) for political parties and candidates.
    • Aim: It aims to establish standards of conduct during election campaigns and polling.The MCC includes provisions for lodging complaints with EC observers and dictates the conduct of ministers from ruling parties during the MCC period.
    • In 2019, an addition was made concerning election manifestos, prohibiting promises contrary to constitutional ideals.
    • The MCC is not legally binding as it is not a statutory document enacted by Parliament.
    • While violating many MCC guidelines may not result in punitive action, certain actions are categorized as electoral offenses and corrupt practices under the Indian Penal Code and the Representation of the People Act, 1951.
    • Violators of these laws will face appropriate punishment.

    Evolution of MCC:

    • Origin: The Model Code of Conduct (MCC) originated as a small set of guidelines for the Assembly election in Kerala in 1960.
    • Initially, it covered various aspects such as the conduct of election meetings, processions, speeches, slogans, posters, and placards.
    • Expansion of MCC: Under Chief Election Commissioner (CEC) K V K Sundaram in 1968, the EC consulted with political parties and expanded the MCC to ensure minimum standards of behavior for free and fair elections.
    • Standard practice: By 1979, it became a standard practice for the EC to circulate the MCC before every General Election.
    • Consolidation of MCC: Over time, the MCC evolved further with consultations between the EC and political parties. In 1991, it was consolidated and re-issued with additional sections, including restrictions on the “party in power” to prevent the misuse of authority for unfair advantages.

    Features of MCC: 

    • Activation of MCC: The Model Code of Conduct (MCC) is activated immediately upon the announcement of the election schedule by the Election Commission and remains in effect until the completion of the election process, including the announcement of results.
    • Applicable on all election: It applies to all elections to the Lok Sabha, State Assemblies, State Legislative Council elections from Local Bodies, and Graduates’ and Teachers’ Constituencies.
    • Across all India: During General elections, the MCC is enforced across India, while during Legislative Assembly elections, it is enforced in the specific state going to polls.
    • Funded to adhere with MCC: All organizations, committees, corporations, and commissions funded wholly or partially by the Central or State governments are obligated to adhere to the MCC.
    • List of Political parties: In addition to listed political parties and candidates, non-political organizations conducting campaigns in support of a political party or candidate are also required to follow specific guidelines outlined by the Election Commission.

    Issues related to MCC: 

    • The political environment in the country has become more intense, leading to a decrease in the effectiveness of the Model Code of Conduct (MCC).
    • Instances of violations of the MCC are increasing rapidly and are becoming widespread and aggressive.
    • Political leaders are using their influence, resources, and persuasive tactics more aggressively than ever, often exploiting loopholes between the literal and intended meanings of the MCC.
    • Money power has become more prominent than physical strength, and advancements in technology have provided new ways to circumvent regulations.
    • The MCC lacks clarity on the consequences of violations, which weakens its ability to deter misconduct.
    • Delayed responses to violations reduce the impact of penalties and erode public trust in the Election Commission’s credibility.

    Way Forward

    • Strengthen Enforcement: Enhance the enforcement mechanisms to ensure strict adherence to the MCC guidelines. 
    • Technological Solutions: Leverage technology to improve monitoring and enforcement of MCC compliance. Implement tools such as social media monitoring, data analytics, and surveillance technology to detect and deter violations effectively.
    • Swift and Transparent Action: Ensure timely and transparent action against MCC violations. Establish clear protocols for investigating complaints and imposing penalties on violators. Swift action will enhance the deterrent effect of the MCC.

    Mains PYQ:

    Q ‘Simultaneous election to the Lok Sabha and the State Assemblies will limit the amount of time and money spent in electioneering but it will reduce the government’s accountability to the people’ Discuss. [2017]