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GS Paper: GS2

  • Tech Diplomacy

    What’s the News?

    • Prime Minister Narendra Modi’s recent visits to the US and France have focused on enhancing strategic and economic cooperation in the technology sector. These visits took place against the backdrop of global political and economic instability, including the Ukraine war and concerns surrounding China’s rise.

    Central Idea

    • Prime Minister Modi’s visits to the US and France have bolstered India’s tech diplomacy efforts, enabling cooperation in critical areas such as defence technology and digital advancements. The partnerships formed during these visits are set to define the trajectory of tech usage, management, and proliferation in the years leading up to the centenary of these bilateral relationships in 2047.

    What is mean by tech diplomacy?

    • Tech diplomacy refers to the strategic use of technology and digital diplomacy to foster international relations, promote cooperation, and address global challenges.
    • It involves leveraging technology as a tool for diplomacy, enabling countries to engage with each other, build alliances, and shape the global technology landscape

    Defence Technology Partnerships established during the visits

    1. United States:
    1. General Electric and Hindustan Aeronautics Limited (HAL):
    • MoU- General Electric and HAL – indigenous manufacture of GE F-414 jet engines in India.
    • These engines are intended for use in the Light Combat Aircraft Mk 2, and the partnership involves the transfer of technology (TOT).
    • This collaboration strengthens India’s indigenous defence production capabilities and supports the development of advanced combat aircraft
    1. General Atomics: India procured- 31 MQ-9B HALE (High-Altitude Long Endurance) Unmanned Aerial Vehicles (UAVs) from General Atomics.
    • These advanced UAVs provide critical surveillance and reconnaissance capabilities to bolster India’s defense preparedness.
    1. France:
    1. Safran and Defense Research and Development Organization (DRDO):
    • Safran, a French aerospace company, and DRDO- jointly develop a military jet engine in India– Advanced Medium Combat Aircraft (AMCA).
    • Enhance India’s indigenous defense manufacturing capabilities– strengthen its air superiority
    1. Safran and Hindustan Aeronautics Limited (HAL):
    • Safran and HAL- co-develop the engine for the Indian Multi-Role Helicopter (IMRH)
    • Advancing India’s capabilities in helicopter technology and reinforces its defense preparedness

    Advancing Digital Technology Cooperation

    1. United States:
    • The Indo-US iCET initiative- foundation for discussions and agreements- digital technology.
    • Framework for cooperation- cybersecurity, artificial intelligence (AI), quantum computing (QC), semiconductors, and high-performance computing (HPC).
    • MoU- Ministry of Electronics and Information Technology (MeitY)- US- foster cooperation in digital technologies.
    • Collaboration- semiconductor capabilities, developing AI and QC systems, and establishing standards for global cooperation.
    1. France:
    • Based on the Indo-French roadmap on Cyber Security and Digital Technology adopted in 2019, an MoU on cooperation in digital technologies was signed between the MeitY and the French Ministry of Economy.
    • This agreement aimed to strengthen collaboration in areas such as cybersecurity, AI, and QC.

    Addressing Cybersecurity and Digital Infrastructure

    1. United States:
    • The US and India- importance of India’s Digital Public Infrastructure (DPI)- reducing the global digital divide.
    • The US expressed support for India’s DPI initiatives, recognizing their potential to bridge the digital divide and promote inclusive growth.
    1. France:
    • The MoU- Indo-French roadmap on Cyber Security and Digital Technology- strengthen cooperation in cybersecurity.
    • Agreement- critical infrastructure protection, cybersecurity education, and skills development
    • France joined the US – endorsing India’s efforts to bridge the digital gap and promote digital inclusion.

    How India can capitalize on these partnerships?

    • Invest in research and development – enhance its technological capabilities.
    • Leverage the expertise and resources available.
    • Training programs, educational reforms, and skill development– nurture a talented pool – AI, cybersecurity, quantum computing, and digital technology.
    • Encouraging entrepreneurship- favourable ecosystem for startups- incentives to startups
    • Clear policies and regulations that promote collaboration, protect intellectual property rights, facilitate technology transfer, and ensure data security.
    • State-of-the-art research facilities, testing laboratories, and advanced digital infrastructure to support collaborative projects and attract investments.

    Conclusion

    • Prime Minister Modi’s historic visits to the US and France have laid the groundwork for strengthening India’s technological diplomacy. By focusing on capacity-building and leveraging these partnerships, India can navigate the strategic journey of technological advancements in the coming years, cementing its position as a key player on the global stage

    Also read:

    iCET: Initiative on Critical and Emerging Technologies between India and US

  • Disability pride month: Disabled persons remain invisible in policy imagination

    Disability

    What’s the news?

    • Disability Pride Month, celebrated every July, serves as a global platform to acknowledge the identities of individuals with disabilities and affirm their rights and visibility.

    Central idea

    • Chief Justice of India, D Y Chandrachud, emphasized the importance of diversity and plurality as the essence of India’s narrative. However, India’s disability law jurisprudence has faced challenges that hindered the narratives and identities of persons with disabilities.

    Challenges in India’s disability law jurisprudence

    • Lack of Reasonable Accommodations: The implementation of policies and approaches by government departments and private institutions often disregarded the need for reasonable accommodations, resulting in the exclusion of persons with disabilities from various aspects of daily life.
    • Inadequate Grievance Redressal Mechanisms: The absence of swift and effective grievance redressal mechanisms has made it challenging for persons with disabilities to seek justice and resolve disputes related to their rights. Bureaucratic red tape further complicated the process, hindering individuals’ ability to voice their grievances.
    • Digital Exclusion: The transition to online platforms and technology-based services during the pandemic exacerbated digital barriers faced by persons with disabilities. The accessibility needs of disabled individuals were often overlooked, preventing them from fully participating in the digital realm and accessing essential services, education, employment opportunities, and information.
    • Inadequate Implementation of Legislation: Although the Rights of Persons with Disabilities Act, 2016, recognized and safeguarded the rights of persons with disabilities, its implementation has been insufficient. Many provisions remain unenforced, limiting the legislation’s effectiveness in ensuring accessibility, rights, and inclusion.
    • Lack of Awareness and Sensitization: Limited awareness and sensitization about disability rights and the unique needs of persons with disabilities contribute to misconceptions, stigma, and discrimination. Addressing this challenge requires efforts to promote awareness and educate the public about disability rights and inclusivity.

    A Growing Concern of Digital Exclusion

    • Accessibility Barriers: Many digital platforms and technologies lack adequate accessibility features, making them inaccessible to individuals with disabilities. Challenges such as non-compliance with accessibility standards, poor user interface design, lack of alternative text for images, and limited compatibility with assistive technologies prevent persons with disabilities from fully utilizing digital services and platforms.
    • Assistive Technology Compatibility: Persons with disabilities often rely on assistive technologies to access and navigate digital content. However, compatibility issues between these assistive technologies and digital platforms can hinder their effectiveness and limit access to information and services.
    • Digital Skills and Awareness: Limited digital skills and awareness among persons with disabilities contribute to their digital exclusion. Some individuals may lack the knowledge or resources to effectively use digital tools or access assistive technologies, further widening the gap between disabled and non-disabled individuals in the digital space.
    • Affordability and Accessibility: The cost of assistive technologies and internet access can be a significant barrier for persons with disabilities, particularly those from marginalized communities. The lack of affordable and accessible technology further exacerbates digital exclusion, hindering their participation in online activities

    How Mission Accessibility is Driving Change?

    • Engaging with Developers: Mission Accessibility proactively engages with developers of digital platforms that are inaccessible to disabled users. By working closely with these developers, they aim to raise awareness about accessibility needs and advocate for necessary changes to ensure inclusivity.
    • Advocacy through Litigation: Mission Accessibility actively pursues change through legal means, including litigation if necessary. They participate in litigation cases, such as the Pathaan litigation, where they advocate for directions to make OTT (Over-The-Top) content accessible for persons with disabilities. Their involvement in such cases brings attention to the accessibility needs of disabled individuals and can result in positive changes.
    • Capacity Building: Mission Accessibility conducts capacity-building workshops for web developers, particularly those working on government websites. By providing knowledge and skills related to creating accessible digital experiences, they empower developers to implement inclusive design practices and make government websites more accessible to persons with disabilities.
    • Collaboration with Government Bodies: Mission Accessibility collaborates with government bodies responsible for accessibility. For example, they work with the office of the Chief Commissioner for Persons with Disabilities (CCPD) in issuing notices to digitally inaccessible platforms, urging them to make their platforms accessible within a specified timeframe. This collaboration helps drive the adoption of accessibility practices at a systemic level.
    • Promoting Accessibility Audits: Mission Accessibility advocates for accessibility audits of digital platforms and services. By highlighting the importance of involving persons with disabilities in evaluating the accessibility of platforms, they push for thorough assessments that can identify and address accessibility barriers effectively.

    Striving for Dignity and Rights of persons with disabilities through Project RPwD Generation

    • Accessing Spaces: Project RPwD Generation works towards ensuring that persons with disabilities have equal access to public spaces. They aim to eliminate physical barriers and promote inclusive infrastructure to create an environment that is accessible to all individuals.
    • Housing: The project focuses on addressing the housing needs of persons with disabilities. They strive to advocate for accessible and inclusive housing options, including barrier-free housing and the inclusion of accessibility features in housing policies.
    • Education: Project RPwD Generation emphasizes inclusive education opportunities for persons with disabilities. They work to ensure that disabled individuals have access to quality education by advocating for accessible learning environments, reasonable accommodations, and inclusive practices in schools and educational institutions.
    • Employment: The project aims to promote equal employment opportunities for persons with disabilities. They advocate for inclusive workplace policies, reasonable accommodations, and initiatives that foster diversity and inclusion in the workforce. Their efforts focus on eliminating discrimination and barriers to employment faced by disabled individuals.
    • Rights Enforcement: Project RPwD Generation actively works towards the effective enforcement of the rights of persons with disabilities. They engage in strategic litigation, if necessary, to protect and uphold the rights of disabled individuals when they are violated. This includes taking legal actions to address instances of discrimination, lack of accessibility, or denial of rights.
    • Grievance Redressal: The project places importance on strengthening grievance redressal mechanisms to ensure that disabled individuals have access to high-quality and swift justice. They aim to improve the accessibility and efficiency of the grievance redressal process, allowing persons with disabilities to effectively address their grievances

    Way forward

    • Strengthening the Legal Framework: Enhancing the existing legal framework related to disability rights and accessibility is crucial. This includes ensuring that legislation, such as the Rights of Persons with Disabilities Act, is effectively implemented, enforced, and updated as needed. Continuous evaluation and improvement of legal provisions can drive institutional change.
    • Developing Clear Procedures: Establishing clear procedures and guidelines for institutions regarding accessibility and inclusion is essential. This can include creating accessibility standards, design guidelines, and protocols for reasonable accommodations.
    • Capacity Building and Training: Conducting training programs and capacity-building initiatives for government officials, private sector employees, educators, and service providers can raise awareness about disability rights and accessibility requirements.
    • Collaboration and Partnerships: Foster collaboration between government bodies, civil society organizations, disability rights activists, and experts in the field of accessibility.
    • Accessibility Audits and Monitoring: Regular accessibility audits and monitoring of institutions, including government departments, private organizations, and digital platforms, can ensure compliance with accessibility standards.
    • Promoting Inclusive Technology: Encouraging the development and adoption of inclusive technologies is crucial for digital inclusion. Institutions should prioritize accessibility in their technological solutions, ensuring that digital platforms, websites, and applications are designed with universal design principles and meet accessibility standards.
    • Public Awareness and Sensitization: Conducting awareness campaigns and sensitization programs to foster a more inclusive and accepting society is essential. Promoting positive attitudes towards disability, debunking misconceptions, and encouraging empathy and understanding will contribute to the overall inclusivity of institutions.

    Conclusion

    • As Disability Pride Month encourages us to celebrate the identities of persons with disabilities, it is imperative to recognize the challenges they face and work towards transformative change. By embracing an inclusive mindset, pursuing systemic reforms, and implementing institutional solutions, we can create a society that respects and upholds the rights of all individuals. Let us take pride in our progress while striving for a future where disability does not hinder one’s ability to fully participate in society.

    Also read:

    Promoting Inclusive Cities through Innovative Technology and ICT

  • UK signs CPTPP Trade Deal

    cptttp

    Central Idea

    • The UK has formally signed the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), a major Indo-Pacific trade deal.
    • Joining the bloc is seen as the UK’s biggest trade deal since leaving the European Union.

    What is CPTPP?

    • The CPTPP, established in 2018, reduces trade barriers among 11 countries, including Australia, Canada, Japan, Mexico, and Vietnam.
    • Objectives of CPRPP include-
    1. Tariff Reduction and Market Opening: The agreement requires countries to eliminate or significantly reduce tariffs and make commitments to open services and investment markets.
    2. Addressing Competition and Intellectual Property: The CPTPP includes rules on competition, intellectual property rights, and protections for foreign companies.
    3. Expanding Membership: While the CPTPP aims to counter China’s regional dominance, China and other countries such as Taiwan, Ukraine, Costa Rica, Uruguay, and Ecuador have applied to join.

    Importance of CPTPP for the UK

    • Cutting Tariffs and Expanding Trade: The UK government anticipates reduced tariffs for UK exports to Asia Pacific countries. Joining the CPTPP expands trade opportunities, as the bloc represents 15% of global trade and a combined GDP of £12 trillion.
    • Post-Brexit Trade Strategy: After leaving the EU, the UK seeks to deepen trade ties with the Pacific region through its “Global Britain” strategy.
    • Seeking Faster-Growing Economies: The UK aims to establish trade deals with countries and blocs with faster-growing economies than the EU, given limitations in achieving agreements with major powers like China and the United States.

    Challenges and Criticisms

    • Economic Impact of Brexit: Critics argue that trade deals like the CPTPP will struggle to compensate for the economic damage caused by leaving the EU, which remains the UK’s largest trading bloc.
    • Long-Term Productivity Forecast: Brexit is projected to reduce the UK’s long-term productivity by 4%, according to the Office for Budget Responsibility.
    • Existing Trade Deals and Economic Boost: The UK already has trade deals with most CPTPP members, and the projected economic boost from joining the agreement is relatively modest at 0.08% annually.

    Recent Developments

    • Information Gathering Process: CPTPP members are assessing aspiring economies’ ability to meet the bloc’s high standards as part of the decision-making process for future membership.
    • Collective Decision-Making: The decision on new members and the timeline for their inclusion will be made collectively by existing CPTPP participants.

  • Does India really need State Governors?

    Central Idea

    • The recent termination of a state minister’s appointment by Tamil Nadu Governor R N Ravi has sparked renewed debates on the role and necessity of Governors in Indian states.
    • While conflicts between state governments and the Governor’s office are not new, it is important to examine the position of the Governor and its constitutional implications.

    Who is a State Governor?

    • In India, the position of State Governors is established by the Constitution of India.
    • The constitutional provisions regarding State Governors can be found primarily in Articles 153 to 162 of the Indian Constitution.

    Here are the key aspects of the constitutional position of State Governors in India:

    • Appointment: The Governor of a state is appointed by the President of India. The President acts on the advice of the Council of Ministers headed by the Prime Minister.
    • Executive Power: The Governor is the head of the state executive and exercises executive powers on behalf of the President. The Governor is the representative of the President at the state level.
    • Constitutional Head: The Governor acts as the constitutional head of the state and performs ceremonial functions such as the opening and closing of the state legislature, giving assent to bills, and issuing ordinances.
    • Administrative Role: The Governor plays a crucial role in the administration of the state. The Governor appoints the CM and other members of the Council of Ministers, as well as certain high-ranking state officials.

    Powers and Functions

    • Legislative Functions: The Governor has a role in the legislative process. The Governor summons and prorogues the state legislature, addresses the legislature at the beginning of its first session after each general election, and gives assent to bills passed by the state legislature.
    • Discretionary Powers: The Governor has certain discretionary powers. For example, the Governor can reserve certain bills passed by the state legislature for the consideration of the President. The Governor can also withhold assent to bills under certain circumstances.
    • Emergency Powers: In cases of breakdown of constitutional machinery in a state, the Governor can recommend the imposition of President’s Rule, where the state government is temporarily suspended, and the Governor acts as the executive head of the state.
    • Link with Central Government: The Governor serves as a vital link between the state government and the central government. The Governor communicates with the President and the central government on various matters related to the state.

    Arguments for the Existence of the Governor’s Post

    • Preservation of Provincial Autonomy: The Constituent Assembly aimed to maintain the Governor as the constitutional representative of states in post-independence India.
    • Need for Centralization and Impartiality: Supporters argue that a certain level of centralized power is essential for a developing nation like India, and the Governor ensures impartiality in governance.
    • Continuity and Stability: The Governor’s presence provides stability and continuity in governance, and they play a significant role in administering oaths and delivering inaugural addresses.

    Arguments against the Governor’s Post

    • Interference and Politicization: Critics claim that Governors often interfere in the functioning of state governments, especially those led by opposing political parties, leading to politicization of the office.
    • Lack of Impartiality: Concerns arise about the impartiality of Governors appointed from political backgrounds, potentially influencing their decisions and actions.
    • Redundancy and Inefficiency: Some argue that the role of the Governor can be carried out by alternative mechanisms, and the office incurs unnecessary expenditure.

    Supreme Court’s Stand and Judicial Review

    • Limited Powers and Aid-Advice: The Supreme Court has established that Governors are required to exercise their powers upon the aid and advice of their ministers, except in exceptional circumstances.
    • Judicial Oversight: Through landmark cases, the Supreme Court has set limits on gubernatorial powers, ensuring their actions adhere to the Constitution and the law.

    Recommendations by Commissions and Committees

    • Administrative Reforms Commission (ARC): The ARC, in its report in 1969, emphasized harmonious relations between Governors and state governments, suggesting enhanced cooperation and limited interference.
    • Sarkaria Commission (1983): The commission proposed modifications to augment the responsibilities and influence of Governors while emphasizing impartiality and fixed tenures.
    • Punchhi Commission (2010): Recommendations included consultation with the Chief Minister during the appointment of Governors and expanding their responsibilities in specific areas.
    • Other Proposals: Various recommendations have been made, such as appointing Governors through a collegium, limiting their role to ceremonial duties, or abolishing the post in smaller states or union territories.

    Conclusion

    • The debate surrounding the role of Governors in Indian states continues to evolve.
    • While arguments for the existence of the Governor’s post revolve around preserving provincial autonomy, centralization, and stability, critics highlight concerns of interference, politicization, and redundancy.
    • Judicial oversight and recommendations from commissions and committees have aimed to strike a balance between the Governor’s constitutional responsibilities and the need for impartiality.

  • Standing Committee on Statistics (SCoS) to review all NSO Data

    Central Idea

    • Revamping the SCES: Standing Committee on Economic Statistics (SCES) set up in late 2019 faced criticism for data quality issues in previous surveys.
    • Broader Mandate: The government establishes the Standing Committee on Statistics (SCoS) to replace the SCES, with a mandate to review all surveys conducted under the National Statistical Office (NSO).

    Standing Committee on Statistics (SCoS): Composition and Mandate

    • Chairperson: Pronab Sen, India’s first chief statistician and former chairman of the National Statistical Commission (NSC), appointed as the chair of the new committee.
    • Membership: SCoS consists of 10 official members and four non-official members, including eminent academics.

    Need for SCoS

    • Concerns from Economic Advisory Council: Members, including Bibek Debroy, called for an overhaul of India’s statistical machinery.
    • Lack of technical Expertise: SCoS aims to address critiques by providing technical advice on survey design and methodology.
    • Issues with Indian Statistical Service: Questions raised about the expertise of the Indian Statistical Service in survey design.

    Roles and Responsibilities of the SCoS

    • Reviewing Framework and Results: SCoS is responsible for reviewing the framework and results of all surveys conducted under the NSO.
    • Data Gap Identification: SCoS identifies data gaps in official statistics and develops strategies to fill those gaps.
    • Use of Administrative Statistics: Committee mandated to explore the use of administrative statistics to improve data outcomes.

    Back2Basics: National Statistical Office (NSO)

    (a) Historical Background:

    • The NSO was established in 1950 as the Central Statistical Office (CSO) under the Ministry of Planning.
    • It was later renamed the National Sample Survey Office (NSSO) in 1970 and subsequently became the NSO in 2019.
    • Over the years, it has evolved to become the primary statistical agency in India.

    (b) Organizational Structure:

    • The NSO consists of several divisions and units responsible for different statistical functions.
    • These include the Survey Design and Research Division, Field Operations Division, Data Processing Division, National Accounts Division, Price Statistics Division, and Social Statistics Division, among others.

    (c) Key organizations under NSO: Central Statistical Office (CSO)

    • The CSO is a part of the NSO and focuses on macroeconomic statistics and national income accounting.
    • It is responsible for producing key economic indicators such as the Gross Domestic Product (GDP), Index of Industrial Production (IIP), Consumer Price Index (CPI), and Wholesale Price Index (WPI).

    (d) Important Surveys Conducted

    • Population Census: The NSO conducts a decennial Population Census in collaboration with the Registrar General and Census Commissioner of India. The census collects data on population size, composition, and other demographic characteristics.
    • National Sample Survey (NSS): The NSS is a large-scale household survey conducted by the NSO to collect data on various socio-economic aspects. It provides valuable information on employment, consumer expenditure, poverty, education, health, and other important indicators.
    • Economic Census: The NSO conducts the Economic Census periodically to collect data on the number of business establishments, their distribution across sectors and regions, employment, and other relevant economic variables.
    • Annual Survey of Industries (ASI): The ASI is conducted by the NSO to collect data on the performance and structure of the industrial sector in India. It covers various aspects such as employment, wages, production, and financial indicators.
    • Agricultural Census: The NSO conducts the Agricultural Census periodically to collect comprehensive data on agricultural holdings, cropping patterns, land use, irrigation, livestock, and other relevant agricultural variables.
    • Health and Morbidity Survey: The NSO conducts surveys on health and morbidity to gather data on healthcare utilization, access to healthcare services, prevalence of diseases, and other health-related indicators.

  • An unacceptable verdict in the constitutional sense

    constitutional

    What is the news?

    • A recent judgment by the Allahabad High Court in the case of Kiran Rawat vs State of UP.
    • The court declined the prayer of an inter-faith couple in a live-in relationship for protection from police harassment.
    • The court deemed the live-in relationship as a “social problem” and relied on personal laws on marriage

    Central Idea

    • A recent judgment by the Allahabad High Court has garnered significant national attention. The ruling in Kiran Rawat vs State of UP undermines the principles of constitutional morality in personal relationships, a notion repeatedly affirmed by the Supreme Court of India. The judgment, has been criticised for its departure from constitutional principles, disregard for precedent, and reliance on irrelevant personal laws.

    What is the case?

    • The case of the petitioners, a Muslim man and a Hindu woman, was short and simple. They are around 30 years of age, living together and their relation is based on mutual love and affection.
    • They alleged that the local police have been torturing them while living in a rented house, and sought protection from police harassment, allegedly done on the basis of a complaint made by a family member

    What is mean by constitutional morality?

    • Constitutional morality refers to the principles and values embedded in a constitution that guide the interpretation and application of its provisions.
    • It encompasses the spirit and objectives of the constitution, promoting justice, equality, freedom, and the protection of fundamental rights.
    • Constitutional morality goes beyond conventional social norms and customs, emphasizing the adherence to constitutional principles even in the face of opposition or prevailing societal beliefs.

    What is personal liberty?

    • Personal liberty refers to the individual’s freedom to make choices, decisions, and actions without undue interference or coercion from external forces, including the state or other individuals.
    • It is a fundamental right that is protected by various legal frameworks, including constitutions and human rights declarations.
    • Personal liberty encompasses various aspects of an individual’s life, including physical, mental, and emotional well-being, as well as their autonomy and privacy.
    • However, personal liberty is not an absolute right and may be limited in certain circumstances,

    Main factors that make the judgment unacceptable in the constitutional sense

    • Prioritizing Conventional Social Morality: The High Court is accused of being influenced by conventional social morality rather than upholding constitutional principles. This undermines individual autonomy and personal liberty, which are essential components of constitutional morality.
    • Disregard for Supreme Court Judgments: Despite citing Supreme Court judgments on live-in relationships, the High Court rejects their intended purpose without providing sound reasons. This undermines the binding nature of Supreme Court judgments and the consistency of legal interpretation.
    • Irrelevant Reliance on Personal Laws: The judgment relies on personal laws related to marriage that are deemed irrelevant to the case. By doing so, the High Court deviates from the constitutional framework and fails to prioritize the fundamental rights of individuals.

    How the judgement shows an inclination towards orthodoxy?

    • Assuming Marriage as a Condition Precedent: Though there were many deficits in the petition, the High Court could not have assumed that marriage is a condition precedent for constitutional protection and the exercise of fundamental rights.
    • Acting as a Theological Court: In effect, The High Court acted as a theological court, as if the very idea of individual liberty and autonomy are alien to the writ jurisdiction. The verdict shows a clear inclination towards social orthodoxy and religious revivalism.
    • Reiteration of Traditional Beliefs:
    • The court tried to reiterating traditional beliefs on marriage and morals, rather than embracing a progressive and inclusive approach. By relying on and reinforcing traditional views, the court fails to accommodate changing societal norms and the importance of personal choices and freedoms
    • Rejection of Supreme Court Precedents: The law laid down by the Supreme Court is binding on all the courts in the country, as in Article 141 of the Constitution. The judgment of the Allahabad High Court rejects the precedential value of Supreme Court verdicts on live-in relationships, such as D. Velusamy (2010), Indra Sarma (2013), and Dhanu Lal (2015). By doing so, the High Court disregards the guidance provided by the apex court, which has recognized and protected the rights of individuals in live-in relationships.

    The Judgements by the Supreme Court which upholds personal liberty

    • Decriminalization of Adultery in Joseph Shine vs Union of India (2018): In the case of Joseph Shine vs Union of India (2018), the Supreme Court decriminalized adultery defined under Section 497 of the Indian Penal Code (IPC). The court held that individual moral aberrations should not be punished by the state’s police power. The judgment emphasized that fidelity is a value, but not one that the state should police.
    • Striking Down of Section 377: In the case of Navtej Singh Johar (2018), the Supreme Court substantially struck down Section 377 of the IPC, which dealt with same-sex relations. The court’s judgment was a constitutional adjudication rather than a mere moral judgment. It recognized the importance of personal choices and limited the state’s power in the realm of personal relationships.
    • In Lata Singh (2006) case: The SC t directed police authorities throughout the country to see to it that any adult undergoing inter caste or inter religious marriage is not harassed by anyone.
    • Khushboo vs Kanniammal & Anr. (2010): The Supreme Court held, while it is true that the mainstream view in our society is that sexual contact should take place only between marital partners, there is no statutory offence that takes place when adults willingly engage in sexual relations outside the marital setting.

    Note: Note down these judgements to support your argument when question asks you to critically analyse

    Way forward

    • Clear Guidance on Live-in Relationships: The Supreme Court should provide clear guidelines and legal recognition for live-in relationships, emphasizing the protection of individuals’ rights and dignity. This would prevent confusion and inconsistent interpretations by lower courts in the future.
    • Judicial Training and Sensitization: There is a need to conduct training programs and sensitization workshops for judges at all levels. This would ensure a better understanding of constitutional principles, fundamental rights, and the evolving nature of societal norms, enabling judges to make informed and unbiased decisions.
    • Public Awareness Campaigns: Public awareness campaigns should be conducted to educate people about the rights and legal protections available to individuals in live-in relationships. This would help dispel social stigmas and promote acceptance of diverse personal choices.
    • Legislative Reforms: The legislature should consider enacting specific laws or amending existing ones to address the legal rights and responsibilities of individuals in live-in relationships. This would provide clarity and protection to couples in such relationships and ensure equal treatment under the law.
    • Strengthening Precedent: It is crucial to emphasize the binding nature of Supreme Court judgments on all courts in the country. Lower courts should be vigilant in adhering to established precedents, respecting the hierarchy of judicial decisions, and avoiding interpretations that deviate from constitutional principles.
    • Dialogue and Engagement: Societal dialogue and engagement with stakeholders, including legal experts, activists, and religious leaders, can help promote a better understanding of individual rights, personal choices, and the importance of constitutional values in a diverse society

    Conclusion

    • The Allahabad High Court’s judgment in Kiran Rawat vs State of UP reflects a regressive view on personal relationships and disregards constitutional morality. By neglecting Supreme Court judgments, relying on irrelevant personal laws, and failing to uphold personal liberties, the High Court has erred in its duty to provide justice. It is crucial that the Supreme Court rectifies this judicial indiscipline and reaffirms the significance of constitutional tenets in safeguarding individual rights and personal choice

    Also read:

    (more…)

  • National Green Tribunal (NGT): A failing institution in need of revival

    What is the news?

    • There are concerns regarding the underperformance of the National Green Tribunal (NGT) over the past five years which highlights the need for reform and revival.

    Central idea

    • The National Green Tribunal (NGT) plays a crucial role in adjudicating environmental cases in India, upholding the principles of justice and fairness. However, over the past five years, the NGT has faced significant challenges and underperformance. There is need for reform and revival within the NGT, emphasizing the responsibility of lawyers to raise awareness about its shortcomings.

    What is NGT?

    • The NGT is a specialized judicial body in India established under the National Green Tribunal Act, 2010.
    • Its primary purpose is to handle cases related to environmental issues and disputes.
    • The NGT has jurisdiction over matters concerning the enforcement of environmental laws, conservation of natural resources, and the prevention and control of environmental pollution

    Structure of NGT

    • Chairperson: The NGT is headed by a Chairperson who is appointed by the Central Government in consultation with the Chief Justice of India (CJI). The Chairperson holds a significant position of authority and leadership within the tribunal.
    • Judicial Members: The NGT consists of Judicial Members who possess legal qualifications and expertise. These members are responsible for adjudicating on environmental cases and applying legal principles to make informed decisions.
    • Expert Members: Expert Members are appointed to the NGT to provide specialized knowledge and expertise in specific fields related to the environment. These members bring scientific, technical, or environmental expertise to assist in the decision-making process.
    • Selection Committee: A Selection Committee is formed by the Central Government to appoint both the Judicial Members and Expert Members of the NGT. This committee plays a crucial role in the selection process, ensuring the appointment of qualified individuals.
    • Tenure and Age Limit: Members of the NGT, including the Chairperson, serve a term of three years or until they reach the age of sixty-five, whichever comes earlier. They are not eligible for reappointment after completing their term.
    • Number of Members: The NGT Act specifies that there should be a minimum of ten and a maximum of twenty full-time Judicial Members and Expert Members in the tribunal. The actual number of members may vary within this range based on the requirements and workload of the NGT

    Powers & Jurisdiction of NGT

    • Jurisdiction over Civil Cases: The NGT has jurisdiction over all civil cases that involve substantial questions related to the environment. This includes matters concerning the enforcement of legal rights associated with the environment.
    • Suo Motu Powers: The NGT has been granted “unique” forum status by the Supreme Court, which empowers it with suo motu (on its own motion) powers. This means that the NGT can take up environmental issues across the country without requiring a specific case to be filed before it.
    • Adjudicatory and Preventative Roles: The NGT not only performs an adjudicatory function but is also entrusted with vital roles that are preventative, ameliorative, or remedial in nature. This implies that the NGT has a broader mandate beyond purely resolving disputes and is empowered to take preventive or remedial measures to address environmental concerns.
    • Appellate Jurisdiction: In addition to its original jurisdiction, where parties can file applications before the NGT, the tribunal also possesses appellate jurisdiction. This means that it can hear appeals as a court (tribunal) on matters within its purview.
    • Guided by Principles of Natural Justice: While the NGT is not bound by the procedural rules outlined in the Code of Civil Procedure 1908, it is guided by the principles of natural justice. This ensures fairness and due process in its proceedings and decision-making.
    • Principles of Sustainable Development: In making its orders, decisions, or awards, the NGT applies the principles of sustainable development, precautionary principle, and polluter pays principle. These principles guide the tribunal in achieving a balance between environmental protection and development.
    • Relief and Compensation: The NGT has the power to provide relief and compensation to victims of pollution and other forms of environmental damage. It can order restitution of damaged property and restoration of the environment in specific areas as it deems appropriate.
    • Execution of Orders: The orders, decisions, or awards of the NGT can be executed as decrees of a civil court. This ensures that the directions issued by the tribunal are enforceable and have legal weight.
    • Penalty for Non-compliance: The NGT Act provides a procedure for penalties in case of non-compliance. This includes imprisonment for a term that may extend to three years, fines that may extend to ten crore rupees, or both, depending on the nature and severity of the violation.
    • Laws Covered: The NGT deals with civil cases arising from seven laws related to the environment, including the Water (Prevention and Control of Pollution) Act, 1974; the Water (Prevention and Control of Pollution) Cess Act, 1977; the Forest (Conservation) Act, 1980; the Air (Prevention and Control of Pollution) Act, 1981; the Environment (Protection) Act, 1986; the Public Liability Insurance Act, 1991; and the Biological Diversity Act, 2002.

    Concerns regarding NGT

    • Lack of Judicial Oversight: One of the major concerns raised is the delegation of judicial work to expert committees, which resulted in a lack of judicial oversight. The reports of these committees were often accepted without hearing the affected parties, violating the principles of natural justice. This undermines the fair and transparent functioning of the NGT.
    • Violation of Natural Justice: There are concerns regarding the failure to hear the parties affected by the orders issued by the expert committees goes against the basic principles of natural justice. Natural justice dictates that no one should be condemned behind their backs, and all parties should have the opportunity to present their arguments and evidence.
    • Questionable Application of Polluter Pays Principle: The concerns have been raised about the application of the Polluter Pays principle by the NGT. There are discrepancies in the self-made report published by the NGT, which fails to acknowledge the outcome of challenges to the orders imposing Environmental Compensation.
    • Bias Against Development and Industry: The concern expressed over the term compensation regime used to describe the NGT’s approach during the mentioned tenure. This term suggests a bias against development and industry, which may hinder the balance between economic growth and environmental conservation.
    • Credibility and Transparency: The questions raised on the credibility and transparency of the NGT, particularly regarding the self-certification report published on its website. Such self-assessment raises doubts about the objectivity and reliability of the report and undermines the credibility of the NGT as an independent judicial body.

    Need for reform and revival of the NGT

    • Addressing Underperformance: The NGT has experienced underperformance over the past five years, as mentioned in the article. This can hinder its effectiveness in handling environmental cases and achieving its objectives. Reform is necessary to improve the NGT’s performance and ensure it fulfils its intended purpose.
    • Judicial Oversight and Natural Justice: The delegation of judicial work to expert committees and the lack of proper judicial oversight raise concerns about the NGT’s decision-making process. It is important to reform the system to enhance judicial oversight and uphold the principles of natural justice, ensuring fair hearings and comprehensive evaluations of cases.
    • Credibility and Transparency: The credibility and transparency of the NGT have been called into question. The publication of a self-made report card exclusively covering the tenure of the outgoing chairperson raises doubts about objectivity and transparency. Reform measures should focus on enhancing the credibility and transparency of the NGT’s operations and decision-making.
    • Collaboration and International Standing: Reviving the NGT involves fostering collaborations with national and international organizations, research institutions, and experts. Such collaborations can strengthen the NGT’s knowledge base, exchange best practices, and enhance its standing on the global stage.
    • Rebuilding Bar-Bench Relationship: The strained relationship between the bar (lawyers) and bench (NGT members) needs to be addressed. Reviving this relationship is crucial for effective representation of parties involved in environmental cases and to facilitate a constructive dialogue on environmental issues.
    • Prioritizing Sustainability and Development Balance: While environmental protection is vital, the NGT’s approach should not be perceived as biased against development and industry. Reforms should strike a balance between environmental conservation and sustainable development, ensuring that economic growth and ecological concerns are harmonized.
    • Transparent and Accountable Performance Evaluation: The NGT’s performance evaluation should be carried out in a transparent and accountable manner, avoiding any self-certification or subjective assessments. Establishing clear evaluation criteria and mechanisms can help monitor the NGT’s performance objectively.

    Conclusion

    • The NGT’s underperformance over the past five years necessitates urgent reform and revival. The next Chairperson must restore credibility, transparency, and respect within the institution, while also striking a balance between economic growth and environmental conservation. Through these efforts, the NGT can fulfill its vital role in addressing environmental challenges and upholding principles of justice

    Also read:

    State Pollution Control Boards (SPCBs)

  • Age of Consent for Data Protection

    data

    Central Idea

    • Empowering the Central Government: The upcoming data protection Bill in India could grant the Centre the authority to lower the age of consent from 18 for accessing Internet services without parental oversight.
    • Exemptions for Certain Companies: The Bill may exempt specific companies from additional obligations in protecting children’s privacy if they can process data in a “verifiably safe” manner.

    Must read:

    Data Protection Bill approved by Cabinet: Content, concerns

    Why in news?

    • Departure from Previous Bill: This marks a departure from the previous data protection Bill, where the age threshold was hard-coded at 18 years.
    • Aligning with global laws: The change aligns with data protection regulations in the Western world, such as the EU and US.

    Journey of a Clause: Changing Definition of a Child

    • Justice BN Srikrishna Committee Report: The committee’s 2018 report recommended seeking parental consent for individuals under 18 years but suggested that the age of consent could be reduced if amendments were made.
    • Personal Data Protection Bill, 2019: The PDP Bill, 2019 retained the recommendation and defined a child as an individual under the age of 18.
    • Joint Committee of Parliament Recommendations: The Joint Committee proposed reducing the age of consent to 13/14/16 years in its final recommendations in late 2021.
    • Digital Personal Data Protection Bill, 2022: The draft Bill defined children as those under 18 years of age, leading to dissatisfaction among social media companies.
    • Final Change: The data protection Bill headed to Parliament’s Monsoon session reportedly changed the definition of a child to an individual who has not completed the age of eighteen years or a lower age notified by the Central Government.

    Global Definitions of Children for Data Regulations

    • EU’s General Data Protection Regulation (GDPR): The age of consent is set at 16 but allows member states to lower it to as low as 13. Specific protections for children’s personal data exist.
    • USA’s Children’s Online Privacy Protection Act (COPPA): Children are defined as under 13 years, and parental consent is required for processing their personal data.
    • Australia’s Privacy Act, 1988: The Act protects personal information regardless of age but requires organizations to assess an individual’s capacity to consent on a case-by-case basis.
    • China’s Personal Information Protection Law (PIPL): Entities handling personal data of individuals under 14 years must obtain parental consent, and children’s data is categorized as sensitive.

    Conclusion

    • Lowering the age of consent in India’s data protection Bill reflects global trends seen in data protection regulations.
    • Countries have different age thresholds for defining children and varying requirements for obtaining parental consent.
    • The final change in the Bill represents a series of discussions and deliberations on determining the age of children in India’s data protection law, addressing concerns of industry stakeholders and aligning with international standards.

  • First GSI Survey of the Siachen

    siachen

    Central Idea

    • NJ 9842 vs. 5Q 131 05 084: Exploring India-Pakistan’s last demarcated point and the Siachen glacier’s assigned number by the Geological Survey of India (GSI).
    • Lack of recognition: Despite the historical importance, the first Siachen survey remains overlooked by scholars and mountaineers.

    About Siachen

    • Location: Siachen Glacier is located in the eastern Karakoram range in the Himalayas, just northeast of the point where the Line of Control between India and Pakistan ends.
    • Significance: As the second-longest glacier in the world’s non-polar areas, Siachen Glacier stretches for 76 km, holding historical and strategic importance.

    Geographical and Political Context

    • Border dispute: Both India and Pakistan claim sovereignty over the entire Siachen region, leading to intermittent conflict since 1984.
    • Military presence: The region houses the highest battleground on Earth, with permanent military outposts at altitudes above 6,000 m (20,000 ft).
    • International recognition: Efforts to establish a transboundary peace park and nominate the region for the World Heritage List have been made.

    Why discuss Siachen?

    • Human casualties: Harsh weather conditions have claimed more lives than combat, with both India and Pakistan sustaining significant losses.
    • Failed demilitarization attempts: Despite the desire to disengage from the costly military outposts, the lack of official recognition of the current line of control has hindered progress.
    • Mountaineering expeditions and awareness: Limited expeditions have been allowed to showcase the dominance of Indian troops and raise awareness about the region.

    The First Siachen Survey

    • V.K. Raina’s leadership: In June 1958, V.K. Raina, an Indian geologist, conducted the inaugural Siachen survey.
    • Unforeseen conflict: The peaceful region surveyed in 1958 became a disputed area between India and Pakistan, leading to Operation Meghdoot in 1984.

    Geologists’ Himalayan Exploration

    • Previous expeditions: Raina’s involvement in the Saser Kangri expedition and the geological survey of the Leh-Manali Highway.
    • International Geophysical Year: The significance of 1958 as a year of geological studies worldwide.
    • GSI’s limited resources: GSI’s plan to study the Himalayan glacier systems, assigning Raina the responsibility of surveying five glaciers in Ladakh.

    Raina’s Journey and Findings

    • Expedition details: Raina’s team’s journey from Calcutta to Siachen, traveling by train, bus, and foot.
    • Glacier characteristics: Raina’s observations of the Siachen glacier, including the appearance of ice caves and the Nubra River’s flow.
    • Survey procedures: Mapping the snout region, establishing reference points, and capturing photographs for future analysis.

    Pakistan’s Response

    • No objections raised: Despite the expedition’s significance and publicity, Pakistan did not lodge any protests or objections against India’s presence on the glacier during the survey.
    • Reasons for indifference: The lack of objections can be attributed to the mutual demarcation under the Karachi ceasefire agreement and the absence of perceived threats or intentions of occupation.

    Challenging Pakistan’s Claims

    • Significance of the expedition: The 1958 GSI survey holds immense historical and geostrategic importance as it contradicts Pakistan’s early claims to the Siachen glacier.
    • Pakistan’s delayed claim: It was only 25 years later, in 1983, that Pakistan formally extended the Line of Control, staking its claim to the region, violating the Simla Agreement.
    • India’s response: India pre-empted Pakistan’s actions by occupying the strategic Saltoro Heights in April 1984, in response to Pakistan’s attempts to claim the Siachen glacier.

    Conclusion

    • Debunking myths: The survey establishes India’s early presence on the glacier and counters Pakistan’s claims.
    • Understanding the geostrategic implications: The survey’s role in shaping subsequent events in the Siachen conflict is vital to comprehend the significance of this expedition.

  • Poverty’s Impact on Brain Development

    poverty brain

    Introduction

    • In 1844, Frederich Engels observed that poor living conditions had physical effects on the poor, manifesting in various health issues.
    • Neuroscientists in the 1960s discovered that growing up in poverty could hinder brain development in rats.
    • Recent studies have shown a correlation between low-income families and lower cortical volume, poor academic performance, and smaller hippocampus in human children.

    The Link between Poverty and Brain Development

    • Poverty’s Effect on the Brain: Poverty has been found to affect brain development in children and young adults.
    • Cortex and Academic Performance: Studies in 2015 revealed that children from low-income families had lower cortical volume and performed poorly in academic tests.
    • Importance of the Hippocampus: Another study in 2015 highlighted the correlation between family socioeconomic status and the volume of the hippocampus, a key region for learning and memory.

    New Study on Anti-Poverty Policies and Hippocampus Size

    • The Study: Researchers from Harvard University and Washington University conducted a study published in May 2023 in the journal Nature Communication.
    • Data: The study analyzed brain scans of over 10,000 children aged 9-11 from 17 U.S. states with varying costs of living and anti-poverty programs.
    • Findings: Children from low-income families had a smaller hippocampus, but generous anti-poverty policies significantly reduced this risk.
    • State-Level Public Policies: The study highlights the potential of state-level public policies to address the correlation between brain development and low income.

    Implications for Children’s Health and Well-being

    • Psychological Impact: Impaired hippocampal development is associated with a higher risk of mental health issues such as major depressive disorder and post-traumatic stress disorder.
    • Internalizing and Externalizing Psychopathologies: The study found a negative association between family income and the incidence of internalizing and externalizing psychopathologies in children.
    • Impact of Anti-Poverty Policies: Generous cash benefits were associated with larger hippocampal volumes and reduced internalizing problems in low-income households.

    Considerations and Limitations

    • Systemic Discrimination: Poverty is often a result of systematic discrimination, such as racial disparities.
    • Alternative Explanations: The study aimed to rule out alternative explanations, including racial and ethnic factors, but acknowledges the need for further investigation.
    • Applicability to Other Contexts: The study’s findings may not directly apply to other countries like India, given different macroeconomic conditions.

    Role of Welfare and Policy

    • Financial Resources and Stressors: Access to more financial resources can help shield families from chronic stressors associated with low income, potentially influencing hippocampal development.
    • Generous Anti-Poverty Policies: Such policies not only increase family income but also enable families to make decisions that reduce stress, such as working fewer hours.
    • Investing in Social Safety Net Programs: Investments in social safety net programs can mitigate socioeconomic disparities in neurodevelopment, addressing mental health, education, and economic challenges.

    Conclusion

    • Longitudinal Study: The researchers will continue studying the mental health and brain development trajectories of the study’s participants to examine the influence of policy changes.
    • Importance of Social Safety Net Programs: The study underscores the significance of investing in social safety net programs to address the consequences of socioeconomic disparities in brain development.