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GS Paper: GS2

  • Places in news: Dagestan

    Dagestan

    Central Idea

    • A recent incident involving anti-Israel protesters storming an airport in Makhachkala, Dagestan, has drawn international attention.
    • This incident highlights the unique position of Dagestan, which, while sounding like a country, is actually a province within Russia.

    About Dagestan

    • Dagestan, officially known as the Republic of Dagestan, is a province within the Russian Federation, dispelling any confusion arising from its name.
    • Situated in the southernmost part of Russia, it holds strategic importance for the country.

    Geographical Location

    • Land of Mountains: Dagestan’s name translates to “land of the mountains,” emphasizing its mountainous terrain.
    • North Caucasus: Located in the eastern part of the North Caucasus, it shares borders with Georgia and Chechnya to the west and Azerbaijan to the south. To the east lies the Caspian Sea.
    • Inaccessible Terrain: Some areas within Dagestan’s mountains are so remote that reaching them requires helicopters.

    Ethnic Diversity

    • Over 40 Ethnicities: The province is home to at least 40 different ethnic groups.
    • 30+ Languages: More than 30 languages are spoken in this region.
    • Prominent Ethnic Groups: The largest ethnic group in Dagestan is the Avars, comprising approximately one-fifth of the population. Other significant groups include Dargins, Kumyks, and Lezgins.
    • Ethnic Russian Presence: Despite the ethnic diversity, around 10% of Dagestan’s population is ethnically Russian.

    Capital: Makhachkala

    • Strategic Coastal City: Makhachkala, the capital of Dagestan, is situated along the Caspian Sea coast.
    • Historical Significance: Once a major trading port, Makhachkala was conquered by the Russian Imperial Army in the 19th century.
    • Oil and Gas Hub: Today, Dagestan serves as a crucial conduit for oil and gas pipelines connecting the Caspian Sea to Russia’s heartland, possessing its own reserves of these resources.
    • Challenges: The region has grappled with organized crime and instability, with Russian security forces combating armed insurgencies and militant groups in Dagestan and neighboring areas.

  • Narayana Murthy just gave some very bad advice

    Narayana Murthy

    Central idea

    Narayana Murthy’s advice to work 70 hours a week sparks debate on the balance between productivity and workforce well-being. The article explores the challenges, gender disparities, and global work hour comparisons, emphasizing the need for adaptable work strategies in a post-COVID era to achieve sustainable growth without compromising individual lives.

    Key Highlights:

    • Narayana Murthy’s Advice: Murthy advises young IT professionals to work 70 hours a week to address India’s low productivity concerns and meet global changes.
    • Productivity Concerns: Murthy emphasizes the need for a cultural shift toward determination, discipline, and hard work, especially among the youth.
    • Global Work Hours Comparison: Data from the International Labour Organisation shows South and East Asia having the highest average weekly work hours, contrasting with North America and Europe.
    • Work-Life Balance Challenges: Murthy’s approach raises concerns about the impact on stress, income, and work-life balance, particularly for women in the workforce.

    Challenges and Concerns:

    • High Working Hours: South and East Asia, including India, have high average weekly work hours, impacting the well-being of the workforce.
    • Gender Disparities: A 24/7 work culture may disproportionately affect women, with unrealistic professional standards and limited concessions for family responsibilities.
    • Workplace Expectations: Murthy’s emphasis on extended working hours may contribute to a culture valuing presence over contribution, potentially affecting mental health and family life.

    Analysis:

    • Nation Building vs. Workforce Well-being: The tension between nation-building efforts and the well-being of the workforce is highlighted, raising questions about sustainable growth.
    • Workplace Changes Post-COVID: The article suggests that the COVID-19 pandemic has reshaped the workplace, emphasizing the need for practical expectations and support mechanisms.

    Key Data:

    • Average Work Hours: South and East Asia have the highest average weekly work hours, with South Asia at 49 hours and East Asia at 48.8 hours.
    • Global Comparison: North America records 37.9 average weekly work hours, while Europe ranges from 37.2 to 37.9 hours.

    Key Terms:

    • Flexi-time: Flexible working hours allowing employees to choose their work hours within certain limits.
    • FOMO (Fear of Missing Out): The culture where an individual fears missing out on opportunities or experiences, often applied in the context of work.
    • Work-Life Balance: The equilibrium between professional and personal life to ensure overall well-being.
    • Remote Work: Work performed outside the traditional office setting, often enabled by technology.
    • Job Flexibility: Adaptable work arrangements, including flexi-time and remote work, to accommodate employees’ needs.

    Concerns for Future Work Strategies:

    • One-way Work Culture: The traditional approach of work as a one-way street, potentially overlooking the changing dynamics of the modern workplace.
    • Impact on Lives: The need for work strategies that consider individual lives, relationships, and personal aspirations alongside professional goals.

    Way Forward:

    • Adaptable Work Policies: Organizations should embrace adaptable work policies, including flexi-time and remote work, to accommodate diverse needs and promote work-life balance.
    • Equal Opportunities: Ensure equal opportunities and concessions for both genders, challenging traditional norms that disproportionately affect women in the workforce.
    • Rethinking Productivity: Shift the focus from sheer working hours to productivity and contribution, fostering a culture that values efficiency over extended presence.
    • Support Mechanisms: Establish robust support mechanisms, acknowledging the changing dynamics post-COVID, to nurture employee well-being and mental health.
    • Continuous Dialogue: Encourage ongoing dialogue between employers and employees to understand evolving needs and collectively shape a work environment that aligns with the aspirations of the workforce.

  • Give up impropriety, demonstrate impartiality

    Central idea

    The Chief Justice of India expresses concern over the Maharashtra Assembly Speaker’s inaction on pending disqualification petitions since July 2022, emphasizing the importance of upholding the court’s orders. The article highlights the historical evolution of the Speaker’s role, citing instances of misuse, partisanship, and delays in addressing disqualification petitions, posing a threat to the stability of elected governments.

    Key Themes:

    • The Supreme Court consistently emphasizes the need for an unbiased mechanism, possibly an independent tribunal, to handle disqualification cases.
    • Concerns about the Speaker’s delay in addressing disqualification petitions and potential challenges in the certification of Bills as Money Bills.

    Data Highlights from the Article:

    • Parliamentary Standing Committees Referral: During 2004-14, over 60% of Bills in the Lok Sabha were referred to committees for detailed scrutiny. However, from 2014-2023, this referral rate dropped to less than 25%.
    • Suspension Instances: Adhir Ranjan Chowdhury (Congress) swiftly suspended for remarks against the PM, later revoked. Ramesh Bidhuri (BJP) faced no swift action for passing communal slurs against an MP.
    • Challenges in Maharashtra Assembly: Unconstitutional suspension of 12 BJP MLAs for a year in July 2021, set aside by the Supreme Court.
    • Defection Decision Delays: Inaction by the Maharashtra Assembly Speaker on disqualification petitions pending since July 2022. Supreme Court recommends an independent tribunal for timely decisions on defection cases.
    • Certification of Bills Challenges: Ongoing challenges in the Court regarding the certification of certain Bills as Money Bills by the Lok Sabha Speaker.
    • International Speaker Practices: In Britain, the Speaker resigns from their political party upon election and seeks re-election as an impartial Speaker. This practice is not followed in India.

    Speaker’s Functions and Gaps:

    • Dual functions of certifying Bills as Money Bills and deciding on disqualification under the Tenth Schedule.
    • Misuse of suspension provisions against Opposition members, highlighting instances of bias.
    • Failure to refer significant Bills to Parliamentary Standing Committees affecting parliamentary functioning.
    • Custodianship of the rights and privileges of the House, its committees, and members.

    Challenges in Deciding Disqualification:

    • Misuse of powers against Opposition members, unequal treatment for remarks against leaders.
    • Delayed or inadequate actions on disqualification petitions, undermining stability in governance
    • Past instances show Speakers favoring ruling dispensation, raising concerns over neutrality.
    • Proposal for an independent tribunal, recommended by the Supreme Court, to handle disqualification cases.
    • Maharashtra Assembly Speaker’s inaction on pending disqualification petitions despite court directions.

    Key Supreme Court Judgments Simplified

    Kihoto Hollohan (1992):

    • Minority judges believed that giving the Speaker power to decide defections violated democratic principles.
    • The case suggests the need for an independent tribunal, headed by judges, to handle defection cases.

    Keisham Meghachandra Singh vs The Hon’ble Speaker Manipur (2020):

    • The Supreme Court recommended a constitutional amendment for an independent tribunal to decide defections.
    • The ongoing inaction of the Maharashtra Assembly Speaker on disqualification petitions was highlighted.

    Once a Speaker, Always a Speaker:

    • Comparison with Britain’s practice where the Speaker resigns from the political party for impartiality.
    • Indian Speakers rarely exercise the option to resign from their political party, impacting perceived impartiality.

    Way Forward and Reforms:

    • Adoption of British practices to instill confidence, emphasizing Speaker’s impartiality.
    • Urgent need for Speakers to demonstrate impartiality, even if formal reforms are pending.
    • Consideration of reforms such as an independent tribunal for handling disqualification cases.
    • Urgent measures needed to address challenges and restore faith in the institution of the Speaker.
    • Speakers must commit to displaying impartiality, aligning their functions with democratic principles.

  • Salt Consumption and Health: Striking a Delicate Balance

    Central Idea

    • Salt is an essential component of our diet, adding flavor to our food and serving vital bodily functions.
    • However, excessive salt intake can lead to health issues, including high blood pressure.

    Salt Intake in India

    • In India, a recent national survey revealed that men consume 8.9 grams, while women intake 7.1 grams of salt daily (Prashant Mathur et al., Scientific Reports, 2023).
    • While the World Health Organization recommends a daily salt intake of 5 grams, the global average is much higher at 10.8 grams.

    Salt and Health Implications

    • Diverse Health Effects: Extensive research in animals and human surveys consistently link high salt consumption to kidney, brain, vascular, and immune system diseases. Conditions such as kidney stones and osteoporosis are associated with excessive sodium intake.
    • Global Impact: Excessive salt intake contributes to approximately five million deaths worldwide annually, underscoring the global health impact of salt-related health issues.

    The Yanomami Example

    • The Yanomami people, living in the Amazon rainforest, follow a foraging lifestyle and consume a diet primarily composed of Cassava, plantains, fruit, fish, and occasionally tapir.
    • Interestingly, they use peppers for flavor but do not use salt.
    • Their daily salt intake is less than one gram, yet they maintain excellent health and fitness.

    Salt and Obesity Connection

    • Balancing Act: While our bodies require salt for essential functions, excessive salt consumption can lead to health problems, including obesity.
    • Metabolic Impact: High salt intake impairs metabolism and increases the size of adipocytes, the cells that store fat, contributing to obesity.
    • Dietary Preferences: There is a connection between a preference for high-fat and salty foods. Experiments with mice showed that those exposed to high-fat diets during gestation preferred salty water.

    Reducing Salt Intake and Blood Pressure

    • Population Studies: Reducing salt intake by five to eight grams daily can lead to a 4 mmHg drop in systolic blood pressure and a lower risk of cardiovascular disease, as demonstrated in population studies.
    • Clinical Trials: Antihypertensive drugs, which lower blood pressure, show similar results, with an average reduction of 5 mmHg.
    • Salt Alternatives: Replacing normal salt with a mixture of 75% sodium chloride and 25% potassium chloride reduced systolic blood pressure by 3.3 mmHg in a Chinese population study.
    • Caution for Elderly: Reducing salt intake may pose risks for elderly adults, particularly if they are taking blood pressure medication, as it could lead to hypotension and falls.

  • Criminal Procedure (Identification) Act: Balancing Privacy and Law Enforcement

    Central Idea

    • In April 2022, the Indian Parliament passed the Criminal Procedure (Identification) Act (CrPI).
    • It enabled law enforcement agencies to collect and analyze physical and biological samples, including retina and iris scans of arrested individuals.

    Why in the news now?

    • While the rules governing the Act were notified in September 2022, full implementation is pending as the National Crime Records Bureau (NCRB), the nodal agency, is still formulating guidelines and Standard Operating Procedures (SOPs).
    • This legislation replaces the antiquated Identification of Prisoners Act, 1920, which primarily focused on collecting fingerprints, footprints, and photographs of certain convicted and non-convicted individuals.

    CrPI Act: Purpose of the Legislation

    • Modernization: The CrPI Act modernizes the process of capturing and recording biometric data and other measurements, supplanting outdated methods.
    • Data Utilization: The Act facilitates the use of advanced techniques for capturing and recording body measurements, providing law enforcement with more comprehensive data.

    Role of the NCRB

    • Central Repository: The NCRB is tasked with storing, processing, sharing, disseminating, and destroying measurement records.
    • Common Database: Impressions collected at any police station will be stored in a central database accessible to authorized police and prison officials nationwide.
    • Technical Specifications: The NCRB will define equipment specifications for measurement collection, methods for handling and storing data compatible with the NCRB database, and the IT systems to be employed for measurements.
    • Authorized Personnel: The Act extends measurement collection authority to police and prison officials, individuals skilled in measurement collection, registered medical practitioners, and authorized personnel.
    • Data Retention: Records are to be retained for 75 years.

    Implementation Status

    • Fingerprinting: Police have been trained to record fingerprints through the National Automated Fingerprint Identification System (NAFIS), which assigns a unique National Fingerprint Number (NFN) to suspects.
    • Challenges: The provision for iris scanners, DNA collection, and facial recognition systems has not been fully realized. NAFIS workstations are operational in many states, but challenges persist.

    Challenges and Concerns

    • Privacy Concerns: During debates in Parliament, opposition members raised concerns about the violation of fundamental rights, including the right to privacy.
    • Data Protection: Questions have arisen about the safeguarding of DNA samples and facial recognition data.
    • Lack of Awareness: Many officers are unaware of the rules specifying that measurements of individuals detained or arrested under certain sections of the law should not be recorded.
    • Data Destruction: Individuals are responsible for requesting the destruction and disposal of their records from the central database if they have been falsely implicated or acquitted, which poses challenges.
    • Right to Be Forgotten: Advocacy groups have emphasized the need to consider the “Right to Be Forgotten” in data retention policies.
    • Training and Scope: Proper training and clear guidelines for DNA sample handling and storage are needed, and the scope of DNA collection in various types of crimes remains unclear.
    • Connectivity Issues: Smaller states face connectivity challenges, hindering the fulfilment of secured Internet lease line requirements for data protection.

    Conclusion

    • The CrPI Act represents a significant step toward modernizing law enforcement data collection techniques.
    • However, concerns related to privacy, data protection, and training, along with connectivity issues, underscore the need for comprehensive guidelines and safeguards to balance the imperatives of law enforcement with individual rights and data security.

  • UNGA Vote on Gaza War, and why India abstained

    unga hamas israel

    Central Idea

    • The recent United Nations General Assembly (UNGA) vote on a resolution calling for an immediate humanitarian truce in the Israel-Hamas conflict saw India abstaining from the vote.

    What are UNGA Resolutions?

    UNGA Resolutions and Voting
    What is it? Cover diverse global issues, including disarmament, climate change, and humanitarian aid.
    Types Include regular, consensus (adopted without a vote), and procedural resolutions.
    Who can initiate? Originates from member states, UN committees, or regional groups after negotiations and debates.
    Nature of Enforcement Non-binding but hold moral and political influence on member states and UN bodies.
    Significance Shape international norms, public opinion, and state behavior despite lacking legal enforcement.
    Features of UNGA Resolutions Discussed and adopted during annual sessions, with possible special sessions when required.
    Equal Voting Rights Each member state has an equal vote, ensuring equality regardless of size or influence.
    Majority Requirements Typically adopted with a two-thirds majority of present and voting member states (e.g., 128 votes if all 193 are present).
    Varied Majority Types Some require a simple majority, while others, like UN Charter amendments, need a two-thirds majority of all member states.
    Abstentions Member states can abstain, signifying neutrality without supporting or opposing.
    Challenges and Divisions Resolutions may face opposition or receive no votes, leading to international discussions and divisions.

    Resolution over Israel-Hamas War

    • The resolution, titled “Protection of civilians and upholding legal and humanitarian obligations,” was proposed by Jordan on behalf of the Arab League and co-sponsored by approximately 40 countries.
    • It called for an immediate humanitarian truce, cessation of hostilities, and unhindered humanitarian access to Gaza.
    • However, it did not specifically refer to the cowardly terror attacks by Hamas, which resulted in numerous Israeli casualties and hostages.
    • Ultimately, the resolution passed with 120 votes in favor, 14 against (including US and UK), and 45 abstentions, with India among the abstaining nations.

    India’s Abstinent

    • India defended its abstention by citing the absence of “explicit condemnation” of the October 7 terror attacks in Israel in the resolution.
    • Since India’s concerns regarding these omissions were not addressed in the final text of the resolution, abstaining was the chosen course of action.
    • The government emphasized that there should be no ambiguity when it comes to condemning terrorism and that its position on this matter remains “steadfast and consistent.”
    • Key elements of India’s statement include-
    1. Condemnation of violence, including the October 7 attacks by Hamas.
    2. Acknowledgement of the humanitarian crisis in Gaza and support for international de-escalation efforts.
    3. Concern about the security situation and a call for all parties to exercise restraint.
    4. Reiteration of India’s support for a negotiated two-state solution in the Israel-Palestine issue.
    5. Encouragement for diplomacy and dialogue to create conditions for peace negotiations.

    Why so furore over India’s action?

    • India’s abstention differed from its previous vote in favour of a UNGA resolution calling for a ceasefire in Gaza in 2018 and other similar votes in the past.
    • Opposition parties in India criticized the government for refusing to take a stronger stand on the humanitarian issue.
    • They argued that India’s abstention stood alone among countries in the Global South, South Asia, and BRICS, all of which had voted in favour of the resolution.

    Significance of India’s action

    • Balanced Position: India’s abstention mirrors its approach to other global conflicts, such as the Russia-Ukraine war, where it seeks to maintain a diplomatic balance between opposing sides.
    • Not Legally Binding: Unlike UN Security Council resolutions, UNGA resolutions are not legally binding, meaning that Israel and the US are not obligated to act on it.
    • Weight and Moral Authority: Despite its non-binding nature, the resolution carries significant moral weight, with 120 votes in favour signifying support for international law and proportionate use of force.
    • India’s Principled Stand: India reiterated its support for a negotiated two-state solution to the Israel-Palestine issue and called for diplomacy and dialogue to resolve the conflict.

    Conclusion

    • India’s abstention in the recent UN General Assembly vote reflects its balanced and nuanced approach to international conflicts.
    • While it has drawn criticism from some quarters, it underscores India’s commitment to principles of diplomacy and its focus on a negotiated resolution to complex global issues.

  • How Natural Gas is central to ties between India and Qatar?

    qatar

    India-Qatar Diplomatic Spat

    • The recent death sentences handed down to eight former Indian Navy personnel by a Qatari court pose a significant challenge to the traditionally amicable ties between New Delhi and Doha.
    • In international relations, trade dynamics often play a pivotal role, and in the case of India and Qatar, the balance of trade is heavily skewed in Qatar’s favor, primarily due to imports.

    LNG Dependency and Diplomacy

    • Trade Imbalance: Qatar enjoys significant leverage in the bilateral relationship because the trade balance is weighted heavily in its favor, with imports from Qatar far exceeding India’s exports.
    • LNG Dominance: Liquefied natural gas (LNG) is at the heart of this trade relationship, accounting for nearly 50% of India’s imports by value from Qatar.
    • Energy Security: India’s import dependency on natural gas is around 50%, and with a national drive to increase natural gas consumption, LNG imports are expected to grow, even with potential increases in domestic production.

    Need for India’s Energy Transition

    • Cleaner Alternative: Natural gas is viewed as a cleaner and more affordable alternative to conventional petroleum fuels, aligning with India’s efforts to reduce carbon emissions and transition to cleaner energy sources.
    • Energy Security: Given India’s high import dependency on crude oil, natural gas is seen as a critical component of energy security.
    • Ambitious Targets: India aims to raise the share of natural gas in its primary energy mix to 15% by 2030, a goal likely to drive increased LNG imports in the years ahead.

    Sensitivity of the Present Situation

    • Diplomatic Challenge: The case of the retired Navy personnel presents a sensitive challenge for Indian diplomacy, given India’s energy security concerns and ambitions.
    • Trade Dependency: India’s energy security relies on Qatar, making diplomatic relations delicate.

    Trade Figures

    • Imports from Qatar: In FY2022-23, India’s total imports from Qatar were valued at $16.81 billion, with LNG accounting for $8.32 billion or 49.5%.
    • Exports to Qatar: In contrast, India’s exports to Qatar in the same period amounted to only $1.97 billion.
    • LNG Dependency: Of the 19.85 million tonnes of LNG imported by India in FY23, 10.74 million tonnes (54%) came from Qatar.

    Global LNG Dynamics

    • Seller’s Market: The global LNG market has become a seller’s market following geopolitical disruptions, such as Russia’s invasion of Ukraine.
    • Term Contracts vs. Spot Purchases: Term contracts offer more stability compared to spot purchases, particularly during supply gluts or shortages.
    • Qatar’s Position: Qatar, as the world’s largest LNG exporter, has gained significant leverage and stability in the LNG market.
    • Long-Term Contracts: LNG importers worldwide, including India, are seeking long-term contracts with major suppliers like Qatar to secure stable supplies.

    Future Prospects for India

    • Long-Term Contracts: India is actively negotiating for long-term LNG contracts, and Petronet’s existing contract with Qatar is set to expire in 2028.
    • Buyer’s Market: Industry experts predict that the global LNG market may become a buyer’s market in the coming years due to new LNG export projects. Qatar remains a key player in this scenario.

    Conclusion

    • Balancing India’s energy security needs with diplomatic challenges in the backdrop of trade dependency on Qatar, especially in LNG, is a complex task.
    • India’s pursuit of long-term LNG contracts reflects its determination to secure stable energy supplies while navigating international relations sensitively.
    • The evolving global LNG market dynamics will continue to influence India’s energy choices and diplomatic strategies.

  • With life of eight Indians in Qatar at stake, India needs deft diplomacy

    Central idea

    Qatar’s unprecedented death sentences for eight retired Indian naval personnel on espionage charges pose a formidable diplomatic challenge for the government. Minister Jaishankar’s cautious response and public expectations add layers to this sensitive situation.

    What Happened?

    • Recently, Qatar handed death sentences to eight retired Indian naval personnel, a shocking move.
    • Unlike previous cases involving murder or narcotics, these charges relate to espionage.

    Minister Jaishankar’s Response and Diplomatic Sensitivity

    • Assurances to Parliament: Minister Jaishankar assured Parliament that the matter is a priority, urging patience due to its sensitivity. The focus is on keeping the welfare of the eight individuals at the forefront.
    • Media Statements and Caution: Media statements exercise caution due to the confidential nature of the case. Not commenting further is a diplomatic approach, respecting the sensitivity of ongoing proceedings.

    Current Challenges:

    • Diplomatic Problem: The government faces a tough situation with Qatar giving death sentences to eight retired Indian naval people.
    • Public Worries: People, along with opposition parties, are worried about the safety of those convicted, putting pressure on the government to bring them back home.
    • Sensitive Matter: The case involves spying charges against a group of retired defense officers, making it a delicate issue in the diplomatic world.
    • Limited Information: Because the case details are confidential, the government can’t share much, leading to people guessing and worrying more.

    Way Forward:

    • Talking with Qatar: India should keep discussing with Qatar, telling them to be fair and just while following their laws.
    • Helping with Consular Stuff: Making sure the convicted individuals can meet with Indian officials regularly and watching over their court case is really important.
    • Telling People What’s Up: The government needs to tell people what it can, being honest but also keeping some things private.
    • Getting Support: Asking other countries for support and help can make Qatar rethink its decision.
    • Using Legal Moves: Trying legal ways, like making appeals and talking with Qatar, is crucial to get the naval people released.
    • Calming People Down: Making sure veterans and the public know what’s happening and addressing their worries is super important.

  • Supreme Court upholds Woman’s Right to Parenthood in Surrogacy Case

    surrogacy

    Central Idea

    • In a landmark decision, the Supreme Court of India has safeguarded a woman’s right to parenthood, particularly in cases of medical conditions, by suspending the enforcement of a law that jeopardized her aspiration to become a mother through surrogacy.
    • This significant ruling provides protection and empowerment for women facing unique medical challenges on their journey to parenthood.

    Case Details

    • Medical Condition: The woman suffers from the rare Mayer Rokitansky Kuster Hauser (MRKH) syndrome. Medical records confirm her condition, which includes “absent ovaries and absent uterus,” rendering her unable to produce her own eggs.
    • Hope through Gestational Surrogacy: She and her husband embarked on the path of gestational surrogacy using a donor’s eggs (a process where one person, who did not provide the egg used in conception, carries a fetus through pregnancy and gives birth to a baby for another person or couple.).

    Threatening Amendment

    • No donor gamete use: A government notification dated March 14 of the current year introduced an amendment to the law, prohibiting the use of donor gametes in surrogacy. It mandated that “intending couples” must employ their own gametes for the surrogacy process.
    • A Violation of Parenthood Rights: This amendment was challenged in the Supreme Court, alleging a violation of a woman’s fundamental right to parenthood. The court found that the amendment contradicted the core provisions of the Surrogacy Act, both in form and substance.

    Gametes Regulation and ART Act, 2021

    • Gametes are reproductive cells. In animals, the male gametes are sperms and female gamete is the ovum or egg cells.
    • On March 14, 2023, the Health Ministry published Rules that said:
    1. A couple undergoing surrogacy must have both gametes from the intending couple and donor gametes are not allowed;
    2. Single women (widow/divorcee) undergoing surrogacy must use self-eggs and donor sperms to avail surrogacy procedure.
    • Section 2(h) of the Assisted Reproductive Technology Regulation Act, 2021 defines a “gamete donor” as a person who provides sperm or oocyte with the objective of enabling an infertile couple or woman to have a child.

    Court’s Ruling: Allows Donor’s Gametes

    • Prima Facie Contradiction: The SC Bench issued a decisive order, stating that the amendment obstructed the intending couple from achieving parenthood through surrogacy and was prima facie contrary to the Surrogacy Act’s intentions.
    • Petitioner’s Argument: Senior advocate Sanjay Jain, representing the petitioner, argued that the amendment invalidated the possibility of gestational surrogacy, which the Surrogacy Act, 2021, recognized as a valid option for couples facing medical conditions.
    • Rule 14(a) Clarification: Jain referred to Rule 14(a) of the Surrogacy Rules, emphasizing that it explicitly listed medical or congenital conditions, such as the absence of a uterus, as valid reasons for gestational surrogacy. The rule affirmed that the choice was solely the woman’s.
    • Retrospective Implementation: The petitioner contended that the amendment could not be applied retrospectively to her case.

    Court’s Ruling and Interpretation

    • Woman-Centric Perspective: The court concurred with Mr. Jain’s argument that gestational surrogacy was “woman-centric.” It recognized that the decision to opt for surrogacy was driven by the woman’s inability to become a mother due to her medical or congenital condition.
    • Validation of Rule 14(a): The court asserted that the amendment could not contradict Rule 14(a), which explicitly acknowledged medical conditions, including the absence of a uterus, as valid reasons necessitating gestational surrogacy.
    • Genetic Relation Interpretation: Addressing the government’s contention that the surrogate child must be “genetically related” to the couple, the court clarified that this related to the husband when Rule 14(a) applied.

    Conclusion

    • The Supreme Court’s decision in favour of ‘Mrs. ABC’ not only upholds her right to parenthood but also reinforces the significance of gestational surrogacy as a woman-centric solution for individuals facing challenging medical conditions on their path to becoming parents.
    • This ruling sets a precedent for protecting the parenthood rights of women across India.

  • TN experience on Caste Survey

    tn caste

    Debate: Caste-Based Surveys

    • The recent nationwide discussions on caste-based surveys and reservations have ignited debates regarding reservation limits.
    • While many call for a similar census across India, Tamil Nadu’s history offers insights into the complexities of caste-based reservations.
    • Despite previous efforts, the implementation of OBC (Other Backward Class) reservations remains a challenge in the state.

    Genesis of Ramachandran Commission

    • Background: The First BC panel (1969-70), led by A.N. Sattanathan, suggested raising BC reservations, but the idea of a creamy layer hasn’t gained political backing.
    • Current Backdrop: In 1980, following electoral setbacks, the government in Tamil Nadu, led by M.G. Ramachandran, increased BC (Backward Class) reservations from 31% to 50%, totalling 68% with SC & ST reservations (later 69% with ST exclusive reservation).
    • Legal Challenge: The move faced legal challenges, prompting the state government to form a commission to review BC enumeration and classification.
    • Commission Formation: The Second BC Commission, chaired by J.A. Ambasankar, was established in late 1982 and submitted its report in February 1985.

    Key Highlights of the Commission’s Work

    • Socio-Educational-cum-Economic Survey: The Commission conducted a comprehensive door-to-door enumeration of BCs in two stages during 1983-84. Unlike the previous panel, which relied on the 1921 Census, this survey was based on contemporary data.
    • Caste Classification: The Commission identified 298 BC communities within main groups such as BCs, Most BCs, Denotified Communities (DNCs), SCs, STs, and others. BCs constituted 67.15% of the state’s population.
    • Educational Survey: A sample survey of students in schools and colleges was conducted, along with an assessment of BC representation in public services.

    Key Recommendations

    • Reservation Quantum Debate: Disagreements arose between Chairman Ambasankar and other members regarding the reservation percentage. While Ambasankar proposed reducing it to 32% to stay within the 50% limit, dissenting members argued for at least 50% due to the BC population’s size.
    • Reservation Coverage: Differences also emerged regarding the coverage of reservations. Ambasankar suggested separate lists of BCs for Article 15(4) and Article 16(4), while members favored a single list.

    Government Response and Legal Safeguards

    • No Change in Reservation Quantum: The government retained the 50% BC reservation and did not accept Ambasankar’s recommendation to reduce it.
    • Ninth Schedule: To safeguard the 69% quota, Tamil Nadu enacted a law and placed it under the Ninth Schedule following the Supreme Court’s Mandal Commission case judgment in 1992.
    • Subsequent Changes: Over the years, separate quotas for Muslims and Christians were introduced within the BC reservation, but some were later withdrawn or challenged.
    • SC Verdict: In 2021, the Supreme Court struck down a law providing 10.5% reservation for Vanniyars within the MBC quota, citing non-contemporaneous data from the Ambasankar panel.

    Conclusion

    • Tamil Nadu’s experience with caste-based reservations underscores the intricate challenges involved. While the state has maintained a high reservation percentage, debates over quantum and coverage persist.
    • The recent legal developments highlight the importance of contemporary data in determining and sustaining reservations, making it a complex and evolving issue.