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GS Paper: GS2

  • Governor’s Constitutional Limits: A Resolution to President

    Central Idea

    • The Tamil Nadu Governor’s recent statement implying that he would not give assent to a Bill passed by the legislature if it transgresses constitutional limits has resulted in the Tamil Nadu Assembly passing a resolution requesting the President of India to issue directions to the Governor to function within constitutional limits.

    Who is Governor?

    • Parallel to President: The Governors of the states of India have similar powers and functions at the state level as those of the President of India at the Central level.
    • Nominal head: The governor acts as the nominal head whereas the real power lies with the Chief Ministers of the states and her/his councils of ministers.
    • Similar offices: Governors exist in the states while Lieutenant Governors or Administrators exist in union territories including the National Capital Territory of Delhi.
    • Non-local appointees: Few or no governors are local to the state that they are appointed to govern.

    New Constitutional Development

    • Passing a resolution by the Assembly requesting the President of India to ensure that the Governor functions within the Constitution is a new constitutional development.

    What are the relevant articles?

    • Article 355: Article 355 of the Constitution states that it is the duty of the Union to ensure that every State’s government is carried out according to the Constitution.
    • R. Ambedkar on Article 355: While the general meaning and purpose of Article 355 was explained by B.R. Ambedkar in the Constituent Assembly, the Constitution’s concepts and doctrines have been interpreted and reinterpreted to meet society’s changing needs
    • Article 200: Although Article 200 provides options to the Governor when a Bill is presented to him after being passed by the legislature, withholding assent is not an option given by the Constitution.

    Governor’s Discretionary Powers and the confusion of Withholding assent

    • Options to the Governor: Article 200 provides options to the Governor when a Bill is presented to him after being passed by the legislature.
    • These options are:
    1. To give assent;
    2. To withhold assent;
    3. To send it back to the Assembly to reconsider it; or
    4. To send the Bill to the President for his consideration.
    • Idea of the Third option: In case the Assembly reconsiders the Bill as per the request of the Governor under the third option, he has to give assent even if the Assembly passes it again without accepting any of the suggestions of the Governor.
    • One of the options is required to be exercised:  It is only logical to think that when the Constitution gives certain options to the Governor, he is required to exercise one of them.
    • Sitting on the bill goes against the constitutional direction: Since sitting on a Bill passed by the Assembly is not an option given by the Constitution, the Governor, by doing so, is only acting against constitutional direction. A judicial pronouncement on this matter is needed to eliminate the confusion.

    The issue of justiciability

    Whether the process of assent by the Governor is subject to judicial review?

    • Not justiciable: According to D.D. Basu, quoting judgments of the Supreme Court, it is not justiciable.
    • For instance, Purushothaman Namboothiri vs State of Kerala (1962): In this case the court held that a Bill which is pending with the Governor does not lapse on the dissolution of the Assembly, but this judgment did not deal with the justiciability of the process of assent.
    • Hoechst Pharmaceuticals Ltd. And vs State Of Bihar And Others (1983): In this case the court dealt with the power of the Governor to reserve a Bill for the consideration of the President, and held that the court cannot go into the question of whether it was necessary for the Governor to reserve the Bill for the consideration of the President.
    • Government can challenge the inaction of the Governor in a court of law: The issue that is agitating State governments is the non-decision/indecision on the part of the Governor on a Bill passed by the Assembly. Therefore, the government can challenge the inaction of the Governor in a court of law, and the answer seems to be in the affirmative.

    Way ahead

    • Ensuring constitutional principles are upheld: The state governments and the Governor’s office should work together to establish a mutual understanding of the constitutional provisions and procedures for assent to a bill, with a focus on expediting the process while ensuring constitutional principles are upheld.
    • Avoiding confrontation and legal battles: In case of disagreements between the state government and the Governor, the matter should be resolved through dialogue and mutual agreement, rather than resorting to confrontation and legal battles.
    • Clarity on the issues of justifiability: The Supreme Court could provide clarity on the issue of justiciability of the Governor’s role in assent to a bill, while keeping in mind the constitutional provisions and the principles of federalism.
    • Judicious use of discretionary powers: The Governor should exercise his discretionary powers judiciously and in line with constitutional provisions, without delaying or withholding assent to a bill without any valid reason.
    • Transparent and consultative mechanism: The state government should ensure that bills are passed in a transparent and consultative manner, and the Governor should give due consideration to the views and opinions of all stakeholders before exercising his discretion.
    • Promoting cooperative federalism: There should be a greater emphasis on promoting cooperative federalism, where the Centre, states, and governors work together in a spirit of collaboration and cooperation, while ensuring the protection of the Constitution and the rights of all citizens.

    Conclusion

    • The framers of the Constitution would never have imagined that Governors would sit on Bills indefinitely without exercising any of the options given in Article 200. This is a new development which needs new solutions within the framework of the Constitution. So, it falls to the Supreme Court to fix a reasonable time frame for Governors to take a decision on a Bill passed by the Assembly in the larger interest of federalism in the country.

    Mains question

    1. Passing a resolution by the Assembly requesting the President of India to ensure that the Governor functions within the Constitution is a new constitutional development. In the light of the statement discuss the constitutionality of role of Governor in withholding assent to a bill passed by a state legislature. Suggest a way for this legal battle.

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  • Operation Kaveri to evacuate stranded citizens from Sudan

    kaveri

    India has launched “Operation Kaveri” to evacuate its citizens from war-torn Sudan.

    What is Operation Kaveri?

    • It is the recent series of evacuations held by India over the last few years to rescue its nationals in crisis-hit countries. India rescued its nationals last year from war-hit Ukraine and Afghanistan.
    • The operation was launched in response to the conflict and breakdown of essential services in Sudan that had brought the country to a standstill.
    • India has positioned two transport aircraft of the IAF in the Saudi Arabian city of Jeddah and a naval ship at a key port in Sudan as part of its contingency plans to evacuate its stranded nationals.

    Behind the name ‘Kaveri’

    • The choice of naming this operation as ‘Operation Kaveri’ has a lot of significance.
    • Kaveri is one of the major Indian rivers flowing through the southern states of Karnataka and Tamil Nadu.
    • The river is sacred to the people of the region and is worshipped as the Goddess Kaveriamma (mother Kaveri).
    • Rivers reach their destination irrespective of barriers. It’s like a mother who will ensure she will bring her children back to safety.

    About Sudan

    kaveri sudan

    • Sudan is a country located in North Africa, bordered by Egypt to the north, Libya to the northwest, Chad to the west, the Central African Republic to the southwest, South Sudan to the south, Ethiopia to the southeast, and Eritrea to the east.
    • It is the third-largest country in Africa and has a diverse population of around 43 million people.
    • According to the World Bank, around 46% of the population lives below the poverty line, and many Sudanese people struggle to access basic services such as healthcare, education, and clean water.

    What is the crisis all about?

    • Sudan is facing a crisis due to fighting between two rival military factions.
    • The conflict involves the Sudanese army and the paramilitary Rapid Support Forces (RSF).
    • The fighting began in April 2022 after tensions rose following the coup that saw the two factions topple a civilian government in October 2021.
    • The conflict began when an internationally-backed plan to launch a new transition with civilian parties was floated.
    • Under the plan, both the army and the RSF had to cede power, but two issues were contentious: the formal placing of the army under civilian oversight and the timetable for the RSF to be integrated into the regular armed forces.

    Global Implications of the Conflict

    • The volatile region, which borders the Red Sea, the Sahel, and the Horn of Africa, could be destabilized if the fighting continues.
    • The conflict in Sudan has the potential to cause a refugee crisis, with people fleeing the country to escape the violence and instability.

     

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  • Malaria soon to be a notifiable disease across India

    malaria

    Malaria is all set to become a notifiable disease across India, which will require cases to be reported to government authorities by law.

    About Malaria

    Description
    Definition A potentially life-threatening disease caused by parasites that are transmitted through the bite of infected female Anopheles mosquitoes
    Causes Four species of plasmodium parasites, namely plasmodium vivax, plasmodium falciparum, plasmodium malariae, and plasmodium ovale
    Spread Bite of infected female Anopheles mosquitoes
    Symptoms Fever, chills, headache, muscle pain, fatigue, nausea, vomiting
    Diagnosis Blood test
    Treatment Antimalarial drugs
    Prevention Insecticide-treated bed nets, indoor residual spraying, wearing protective clothing, using mosquito repellent, avoiding mosquito bites
    Vaccine RTS,S/AS01 (Mosquirix)

     

    Why in news?

    • The move is part of India’s vision to become malaria-free by 2027 and to eliminate the disease by 2030.

    Menace of malaria in India

    • In India, 80% of malaria cases occur among 20% of its population living in the 200 high-risk districts of Andhra Pradesh, Chhattisgarh, Gujarat, Jharkhand, Karnataka, Madhya Pradesh, Maharashtra, Odisha, West Bengal and the seven north-eastern states.
    • With only fewer than half of those infected reaching a clinic or hospital, the cases and deaths are much higher than recorded.

    What is Notifiable Disease?

    • A notifiable disease is a disease that is required by law to be reported to government authorities.
    • In India, the Ministry of Health and Family Welfare maintains a list of notifiable diseases under the National Health Mission.
    • This is done to track the spread of the disease and to take necessary measures to control and prevent its spread.
    • Reporting notifiable diseases is important for public health surveillance and response to outbreaks.

    Malaria as a Notifiable Disease

    • Malaria is currently a notifiable disease in 33 states and Union Territories in India.
    • Bihar, Andaman and Nicobar Islands, and Meghalaya are in the process of putting malaria in the notifiable disease category.

    Other measures to curb malaria

    • Malaria Elimination Programme: The government has launched the National Framework for Malaria Elimination in India 2016-2030 to eliminate malaria from the country by 2030.
    • Joint Action Plan: The Health Ministry has initiated a joint action plan with the Ministry of Tribal Affairs for malaria elimination in tribal areas. This plan aims to bring down malaria cases to zero in tribal areas, which are among the most vulnerable to the disease.
    • HIP-Malaria Portal: The Ministry has ensured the availability of near-real-time data monitoring through an integrated health information platform and periodic regional review meetings to keep a check on malaria growth across India.

    Vaccines developed so far

    • The WHO has approved the rollout of two first-generation malaria vaccines, RTS,S and R21, in high-transmission African countries.
    • Bharat Biotech, an Indian company, has been licensed to manufacture the RTS,S vaccine, with adjuvant provided by GSK.
    • The R21 vaccine, developed by scientists at Oxford University, has shown promising results in phase 2 clinical studies and has been approved by regulatory authorities in Ghana and Nigeria.
    • Scientists at the International Centre for Genetic Engineering and Biotechnology (ICGEB) in New Delhi have developed and produced two experimental blood-stage malaria vaccines, with Phase I clinical trials completed for one of them.

     

     

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  • Northeast India and The Troika of Bangladesh, India and Japan

    Northeast

    Central Idea

    • The third India-Japan Intellectual Dialogue hosted by the Asian Confluence (ASCON), Tripura, was an ideal opportunity to assess the evolving thinking of experts and policymakers. It showed that the current decade may produce path-breaking changes in the northeast, bringing the troika of Bangladesh, India and Japan closer.

    Significant changes in the North East India

    • The region comprising India’s eight northeastern States (Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Tripura and Sikkim) is undergoing dramatic change.
    • It has overcome several (but not all) security challenges and is now heading toward economic development.
    • Political changes have been helpful. So is the extensive web of linkages with neighbouring Bangladesh. Besides, Japan has emerged as a significant development partner for both India and Bangladesh.

    Japan’s historical ties with the North Eastern region of India

    • Cultural ties: There are deep cultural ties between the North Eastern region of India and Japan, with Buddhism being a common thread that binds the two regions.
    • World War II: The North Eastern region of India played a crucial role in World War II, with the Battle of Imphal and Kohima considered to be turning points in the war. The Japanese army had advanced into the region and fought fiercely against the Allied forces.
    • Post-Independence: After India gained independence, the North Eastern region remained largely isolated from the rest of the country. However, in the 1950s, the Indian government started building roads and infrastructure to connect the region with the rest of the country. Japan also played a role in the region’s development, with its assistance in building the Dimapur-Imphal highway.
    • Economic ties: In recent years, there has been a growing focus on economic ties between the North Eastern region of India and Japan. Japan has been investing in infrastructure projects in the region, such as the Guwahati water supply project and the Northeast Road Network Connectivity Improvement Project.
    • Connectivity: Improved connectivity between the North Eastern region of India and Japan is seen as a key factor in strengthening the historical ties between the two regions. There have been talks of establishing a direct flight between Guwahati and Tokyo to enhance connectivity.

    What is Asian Confluence?

    • The Asian Confluence is a think tank and cultural centre based in Shillong, Meghalaya, India.
    • It was established in 2012 with the aim of promoting and strengthening cultural and economic ties between the Northeastern region of India and the countries of Southeast Asia.
    • The centre seeks to facilitate dialogue and collaboration between academics, policymakers, entrepreneurs, and civil society groups from across the region, with a particular focus on issues related to connectivity, trade, investment, and tourism.
    • The Asian Confluence hosts a variety of events, including conferences, seminars, workshops, and cultural programs, that bring together experts and stakeholders from different fields to discuss and explore opportunities for collaboration and cooperation.
    • In addition to promoting economic and cultural ties, the centre also seeks to foster a sense of community and shared identity among the diverse peoples of the region.

    Opportunities for Northeast India

    • Matarbari Deep Sea Port: The development of the Matarbari Deep Sea Port in Bangladesh, with Japanese assistance, is expected to be a game changer for the region. To be optimally viable, the port will have to cater to the needs of Bangladesh and India’s northeast, serving a population of 220 million.
    • Competitive advantage: The creation of regional industrial value chains and rapid industrialization in sectors where the northeast has a competitive advantage will be crucial to ensure that the new connectivity links are fully utilized and productive.
    • Natural resources and strategic location: The region’s natural resources and strategic location make it an attractive destination for investors in diverse sectors such as agro-processing, man-made fibers, handicrafts, assembly of two-wheelers, mobile phones, and pharmaceuticals.

    What are the Challenges?

    • Insufficient investment: Japan as a single investor in the northeast is unworkable. Indian companies must also invest, and India needs to ease restrictions on the flow of investments from Bangladesh.
    • Security challenges: While the northeastern region has overcome several security challenges, not all of them have been addressed.
    • Infrastructure connectivity: While Bangladesh and India have made progress in restoring pre-1965 infrastructure connectivity, other countries in the region need to reciprocate with similar connectivity initiatives.
    • Environmental concerns: As industrialization and development take place, there is a need to ensure that environmental concerns are addressed and sustainability is prioritized.
    • Lack of attention to BIMSTEC: When issues of regional cooperation and integration are discussed, scant attention seems to be paid to the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC), which is self-defeating.

    What measures should be taken?

    • Limited policy convergence: Policy convergence must be expanded to address challenges in the region.
    • Need for closer linkages: The three governments of Bangladesh, India, and Japan should forge closer linkages of economic cooperation.
    • Investment: Indian companies need to invest in the northeast along with Japanese companies. India should also ease restrictions on the flow of investments from Bangladesh.
    • Infrastructure connectivity: Bangladesh facilitated much connectivity with India and now needs reciprocity from other countries, particularly India, so that it is better connected with other neighbors, including Nepal, Bhutan, and Myanmar.
    • Need for leadership: The goal of connecting a large part of South Asia with Southeast Asia requires an astute pilot. This leadership can come from the triad of Bangladesh, India, and Japan.

    Conclusion

    • The triad of Bangladesh, India, and Japan (BIJ) can provide astute leadership in connecting a large part of South Asia with Southeast Asia. A BIJ Forum should be launched at the level of Foreign Ministers, a move that will be welcomed in the northeast. The three governments should forge closer linkages of economic cooperation.

    Mains Question

    Q. Highlight the role and the potential of North east India for bringing in the troika of Bangladesh, India and Japan closer?

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  • 50 years of Kesavananda Bharati Case

    kesav

    Fifty years ago, on April 24, 1973, the Supreme Court delivered its judgment in Kesavananda Bharati Sripadagalvaru and Ors vs. State of Kerala and Anr, the landmark case that redefined the relationship between Parliament and the Constitution.

    Kesavananda Bharati Case (1973)

    • The Kesavananda Bharati judgement, was a landmark decision of the Supreme Court that outlined the basic structure doctrine of the Indian Constitution.
    • The case is also known as the Fundamental Rights Case.
    • The SC in a 7-6 decision asserted its right to strike down amendments to the constitution that were in violation of the fundamental architecture of the constitution.
    • The Court asserted through the Basic Structure doctrine that the constitution possesses a basic structure of constitutional principles and values.
    • Key outcomes were:
    1. Basic Structure Doctrine: It is a principle that limits Parliament’s power to amend the Indian Constitution. It holds that certain fundamental features of the Constitution, such as the principle of separation of powers, cannot be amended by Parliament.
    2. Judicial Review: The Court partially cemented the prior precedent Golaknath v. State of Punjab, which held that constitutional amendments through Article 368 were subject to fundamental rights review, but only if they could affect the ‘basic structure of the Constitution’.
    3. Exceptions to Judicial Review: At the same time, the Court also upheld the constitutionality of the first provision of Article 31-C, which implied that amendments seeking to implement the Directive Principles, which do not affect the ‘Basic Structure,’ shall not be subjected to judicial review.

    Criticism of the doctrine

    • Dilution of powers: The basic structure doctrine has been criticized for diluting the principle of separation of powers and undermining the sovereignty of Parliament.
    • Ambiguous nature: It has also been criticized as a vague and subjective form of judicial review.

    Landmark cases of the doctrine

    • Indira Gandhi v Raj Narain (1975): The Supreme Court applied the principle laid down in the Kesavananda ruling for the first time in this case. It struck down The Constitution (39th Amendment) Act, 1975, which barred the Supreme Court from hearing a challenge to the election of President, Prime Minister, Vice-President, and Speaker of Lok Sabha.
    • Minerva Mills Ltd vs. Union of India (1980): The Supreme Court struck down a clause inserted in Article 368, which said “there shall be no limitation whatever on the constituent power of Parliament to amend by way of addition, variation or repeal the provisions of this Constitution.”
    • P Sambamurthy v State of Andhra Pradesh (1986): The Supreme Court struck down a portion of the 32nd Amendment (1973), which constituted an Administrative Tribunal for Andhra Pradesh for service matters, taking away the P jurisdiction of the High Court.
    • L Chandra Kumar v Union of India (1997): The Supreme Court struck down a portion of the 42nd Amendment, which set up administrative tribunals excluding judicial review by High Courts.

    Significance of the Judgment and the doctrine

    • Strengthen judicial review: The doctrine forms the basis of the power of the Indian judiciary to review and override amendments to the Constitution of India enacted by the Parliament.
    • Clarification about Article 368: Article 368 postulates only a ‘procedure’ for amendment of the Constitution. The same could not be treated as a ‘power’ vested in the Parliament to amend the Constitution to alter the ‘core’ of the Constitution, which has also been described as the ‘basic structure’ of the Constitution.
    • Not antithetical to legislative authority: Justice Shastri said Judicial Review was undertaken by the courts “not out of any desire to tilt at legislative authority in a crusader’s spirit, but in the discharge of a duty laid down upon them by the Constitution”.
    • A system of checks and balances: The Kesavananda Bharati verdict (1973) made it clear that judicial review is not a means to usurp parliamentary sovereignty. It is a “system of checks and balances” to ensure constitutional functionaries do not exceed their limits.

     

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  • How can a Juvenile be tried as an Adult in Court?

    Central idea: In this article, we will discuss the process of trying juveniles in the age group of 16-18 as adults in court and the responsibilities of the Juvenile Justice Board.

    About Juvenile Justice Act, 2015

    Description
    Purpose To provide for the care, protection, and rehabilitation of children in need of care and protection, and for the adjudication of delinquent juveniles accused of committing an offence.
    Age group covered Act covers children up to the age of 18 years.
    Categories of offences Offences committed by children are categorised into petty offences, serious offences, and heinous offences.
    Trial of children as adults For the first time, the Act provided for trying juveniles in the age group of 16-18 as adults in cases of heinous offences.
    Role of Juvenile Justice Board The Juvenile Justice Board (JJB) is responsible for the care, protection, and rehabilitation of children in need of care and protection, and for the adjudication of delinquent juveniles accused of committing an offence.
    Role of Child Welfare Committee Child Welfare Committee (CWC) is responsible for the care, protection, and rehabilitation of children in need of care and protection.
    Prohibition of disclosing identity Act prohibits the disclosure of the identity of a child in conflict with the law and mandates that the child be dealt with in a child-friendly manner.
    Monitoring and review National Commission for Protection of Child Rights (NCPCR) is responsible for monitoring the proper implementation of the provisions of the Act, and conducting reviews and evaluations.

     

    Issues with Juvenile’s trial

    There are several issues with the trial of juveniles as adults. Here are some of them:

    • Latent consequences: Juveniles are generally not mature enough to understand the consequences of their actions fully. Trying them as adults can lead to disproportionate sentences and undue punishment.
    • Losing scope for rehabilitation: Young offenders have a higher potential for rehabilitation and reform than adult offenders. Trying them as adults can limit their chances of being reformed and reintegrated into society.
    • Issue in legal representation: Juveniles may not have access to legal representation or may not understand their rights. Trying them as adults can result in unfair trials and convictions.
    • Impact on mental health: Being tried as an adult can have a severe impact on a juvenile’s mental health and well-being. It can lead to anxiety, depression, and trauma.
    • Stigma and discrimination: Juveniles who are tried as adults may face stigma and discrimination throughout their lives, affecting their ability to secure jobs, education, and housing.

    NCPCR lays guidelines for juvenile’s trial

    • The National Commission for Protection of Children (NCPCR) has issued guidelines for conducting a preliminary assessment by the Juvenile Justice Board (JJB).
    • This has been done under Section 15 of the Juvenile Justice Act, 2015, to ascertain whether a juvenile can be tried as an adult.
    • For the first time, the Act has provided for trying juveniles as adults in cases of heinous offences.

    Stipulated categories of offences

    • The Juvenile Justice Act categorizes offences committed by children into three categories –
    1. Petty offences
    2. Serious offences
    3. Heinous offences
    • Section 15 of the Juvenile Justice Act states that a preliminary assessment should be conducted by the Board in cases where a child above the age of 16 is alleged to have committed a heinous offence.
    • The assessment should focus on the child’s mental and physical capacity to commit the offence.
    • It should also consider the child’s ability to understand the consequences of the offence and the circumstances in which it was committed.

    Responsibilities of the Juvenile Justice Board

    • Assessment of the offender child: The Act directs that the Board shall consider the mental and physical capacity of the child for committing the alleged offence, the ability to understand the consequences of the offence, and the circumstances in which the offence was committed.
    • Psychological ‘trial’: It states that the Board can take the assistance of experienced psychologists or psychosocial workers or other experts. The Act also gives a disclaimer that the assessment is not a trial, but is only to assess the capacity of the child to commit and understand the consequences of the alleged offence.
    • Arriving at conclusion: After the assessment, the Board can pass an order saying there is a need to try the said child as an adult and transfer the case to a children’s court with the relevant jurisdiction.
    • Penalty: If tried as a minor, the child could be sent to a special home for a maximum of three years. If tried as an adult, the child can be sentenced to a jail term, except being sentenced to death or life imprisonment without the possibility of release.

    What is the preliminary assessment process?

    • The Social Investigation Report (SIR) is prepared by a probation officer, child welfare officer, or any social worker, and the Social Background Report (SBR) is prepared after interacting with the child or child’s family.
    • During the preliminary assessment, the Board and experts analyze and consider these reports.
    • If the Board decides that a child should be tried as an adult after the preliminary assessment, the case may be transferred to the Children’s Court with jurisdiction to try such offences.

    Issues in implementation

    • The major issue remains the implementation and absorption of these principles in the system, particularly to be followed by the JJB and the Children’s Court.
    • A lot of principles which have been made a part of the Act have not been given due prominence by the Board as well as by the Children’s Court.

    Conclusion

    • The NCPCR is under a statutory obligation under Section 109 of the JJ Act, 2015 to monitor the proper implementation of the provisions of the Act.
    • The guidelines have been made to remove any ambiguity and to clarify the steps that need to be followed while conducting the preliminary assessment.

     

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  • Horizontal Reservation: Movement of Dalit Trans People

    Horizontal Reservation

    Central Idea

    • Recently, many trans rights activists from The Trans Rights Now Collective, who were peacefully protesting to demand horizontal reservation for transgender people, were detained by the Tamil Nadu police. In Tamil Nadu and in many states across the country, the movement for horizontal reservation has been shaping up to support Dalit trans people who are struggling with transphobia and casteism in educational institutions, workplaces, and larger ecosystems of education and employability.

    What is vertical reservation?

    • Fixed Percentage reservation: Vertical reservation is a policy of reserving a percentage of government jobs and educational seats for individuals from socially and economically disadvantaged communities or categories such as Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs). It aims to address historical injustices and create equal opportunities for all sections of society.
    • For example: if the Scheduled Caste population in a particular state is 15%, then 15% of the available seats or positions in educational institutions and government jobs in that state will be reserved for SC candidates. This ensures that members of historically oppressed and marginalized communities have greater access to opportunities for education and employment, and helps to address the inequalities that exist due to caste-based discrimination.

    What is Horizontal reservation?

    • Horizontal reservation is a type of affirmative action approach that supplements vertical reservation in India. Horizontal reservation recognizes that individuals from marginalized communities also face multiple layers of discrimination and seeks to provide additional reservation opportunities for them.
    • It involves providing reservations for various intersectional identities such as women, persons with disabilities, and transgender persons within each of the vertical reservation categories.
    • For example, a Dalit woman could access vertical reservation under the SC category, but through horizontal reservation, she could also access reservations for women. Both vertical and horizontal reservations would equally affect her social location.

    Facts for prelims: Horizontal reservation v/s Vertical reservation

    Horizontal Reservation

    Vertical Reservation

    An intersectional approach that is provided for within each vertical reservation category Reservation for specific marginalized communities, such as SC/ST/OBC
    Example: A Dalit woman can access vertical reservation under the SC category, whereas through horizontal reservation she will be able to access reservations for women as well Example: A Dalit person can access reservation under the SC category
    Intended to provide opportunities for people who face multiple forms of marginalization Intended to provide opportunities for specific marginalized communities
    Provides for a more nuanced approach to reservation that takes into account intersectional identities and experiences Provides for reservations for specific communities based on historical injustice and social exclusion
    Allows for better representation of people from diverse backgrounds in public institutions and workplaces Helps to address inequality and improve access to resources and opportunities for specific marginalized communities
    Currently not implemented consistently across all states in India Implemented consistently across all states in India
    Has been demanded for transgender persons in government jobs and education to address caste and gender-based marginalization Has been in place in India since independence and has been expanded over time to include more communities
    Example: Karnataka became the first and only state in India to reserve jobs in public employment for transgender persons through horizontal reservation in 2021 Example: In Tamil Nadu, reservations are provided for SC/ST/OBC communities

    Challenges with Vertical Reservation System?

    • Dominance of creamy layer: The benefits of reservation are often enjoyed by the creamy layer or the affluent members of reserved categories who are not in need of affirmative action. This leads to further marginalization of the truly underprivileged members of these communities.
    • Limited benefits: Vertical reservation benefits are limited to only a particular category of people, leaving out those who may also be disadvantaged due to other factors such as gender, disability, sexual orientation, etc.
    • Stigmatization: The reservation system has led to stigmatization and discrimination against members of reserved categories, with many being perceived as less competent or deserving of their position.
    • Political exploitation: Reservation policies are often used for political gain rather than social justice, with political parties making false promises and manipulating the system to gain votes.
    • Lack of representation: Reservation policies have not led to adequate representation of marginalized communities in decision-making positions, as many still face discrimination and bias in these spaces.
    • Inadequate infrastructure and resources: Reservation policies have not been accompanied by adequate infrastructure and resources for marginalized communities to access opportunities, leading to further marginalization.
    • Conflict among marginalized communities: The current vertical reservation system creates a hierarchy among marginalized communities, with some having greater access to opportunities than others. This has led to conflict and tension among different communities.

    Challenges with Horizontal reservation System?

    • Opposition from dominant castes: Horizontal reservation is often met with resistance from dominant castes and communities who feel that it is unfair and takes away opportunities from them. This can lead to political backlash and opposition to the implementation of such policies.
    • Identification and classification: Another challenge is the identification and classification of individuals who qualify for horizontal reservation. For example, in the case of transgender individuals, there is a lack of clarity on who qualifies as transgender and how to identify them. This can lead to confusion and disputes over who is eligible for reservation benefits.
    • Administrative challenges: Implementing horizontal reservation policies can be administratively complex, especially in larger organizations and government agencies. There may be challenges in tracking and monitoring the implementation of such policies, and ensuring that they are being applied fairly and consistently.
    • Stigma and discrimination: Horizontal reservation policies may also be stigmatizing for some individuals, as they may feel that they are being singled out or labeled based on their identity. This can create additional barriers to social inclusion and participation, and may make it more difficult for individuals to access opportunities.
    • Limited scope: Horizontal reservation policies are often implemented in specific sectors or areas, such as education or public employment. This means that individuals from marginalized groups may still face discrimination and exclusion in other areas of society, such as housing or healthcare.

    Horizontal Reservation

    Value Addition Box form Civilsdaily

    Did you know: NALSA Judgement?

    • NALSA (National Legal Services Authority) judgment of 2014 is a landmark judgment by the Supreme Court of India that recognized the legal recognition of the third gender in India.
    • It directed the central and state governments to legally recognize the transgender community as a third gender and to ensure that they have access to the same rights and protections as other citizens of the country.
    • The judgment also recognized the right of transgender persons to self-identification and directed the government to provide reservations for transgender people in education and employment.
    • This judgment was a significant step towards ensuring the rights and protections of transgender people in India.

    The Transgender Persons (Protection of Rights) Act, 2019

    • The Transgender Persons (Protection of Rights) Act, 2019 is a law enacted by the Parliament of India for the protection of rights of transgender persons and their welfare.
    • The Act defines a transgender person as someone whose gender does not match the gender assigned to them at birth.
    • The Act prohibits discrimination against transgender persons in areas such as education, employment, healthcare, and housing, and recognizes their right to self-perceived gender identity.

    Horizontal Reservation

    What are the policy gaps and ambiguities?

    • The policy gaps and ambiguities that exist, which often used by the courts to refuse horizontal reservation for trans people and instead offer vertical reservation.
    • The judiciary’s easy solution of putting all trans people in OBC categories is restrictive and does not allow trans people who belong to SC/ST categories to claim their right to reservation under both categories.
    • The homogenous understanding of the trans community underplays the caste realities and marginalisations that many trans people come from and how it further hinders their social mobility.

    Horizontal Reservation

    Way ahead

    • There is a need to recognize the intersectionality of identities and provide horizontal reservation for marginalized communities, including transgender people of Dalit, Bahujan, and Adivasi (DBA) backgrounds.
    • State governments and the judiciary need to take a more proactive approach to address the policy gaps and ambiguities about the reservation for trans people.
    • More awareness and education are needed to understand the complexities of caste and gender identity and their impact on social mobility.
    • More research and data collection are needed to understand the challenges faced by trans people from DBA backgrounds and to develop effective solutions to address their unique needs.
    • Ultimately, the goal should be to create a more inclusive and equitable society that recognizes and celebrates the diversity of all its citizens, regardless of their gender identity or caste background.

    Conclusion

    • The movement for horizontal reservation is not only about a Dalit-trans issue; it is cross-cutting and a living testimonial of how certain sections of people are repeatedly forced into the margins. There is need for horizontal reservation to assert that transgender people have an equal stake in this nation’s citizenship and public resources.

    Mains question

    Q. In many states across the country, the movement for horizontal reservation has been shaping up to support Dalit trans people. In this light explain what is horizontal reservation system and discuss the challenges associated with its implementation.

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  • Assam- Arunachal Pradesh Border Dispute

    • assam

    Central idea

    • Ahave had a long-standing border dispute over 123 villages that are located in 12 districts of Arunachal and 8 districts of Assam.
    • On April 21, 2022, an MoU was signed between the two states to resolve the dispute.

    Genesis of the dispute

    • The border dispute between Arunachal Pradesh and Assam has around 1,200 points of conflict along their 804 km boundary, which began in the 1970s and intensified in the 1990s.
    • The issue goes back to 1873 when the British government introduced the inner-line permit, vaguely separating the plains from the frontier hills.
    • In 1954, the North-East Frontier Agency (NEFA) was formed, and 3,648 sq. km of the “plain” area of Balipara and Sadiya foothills was transferred to the Darrang and Lakhimpur districts of Assam based on the 1951 report.
    • Arunachal has been celebrating its statehood with an eye on China since 1987, and its people living in the transferred patches have been resentful, claiming that the transfer was done arbitrarily.
    • However, their counterparts in Assam say the 1951 demarcation is constitutional and legal.

    Past efforts to resolve the border issue

    • Several efforts were made in the past to resolve the border dispute between Assam and Arunachal Pradesh.
    • In 1979, a high-powered tripartite committee was constituted to delineate the boundary, and around 489 km of the 800 km were demarcated by 1983-84.
    • Further demarcation could not take place because Arunachal Pradesh did not accept the recommendations.
    • The apex court appointed a local boundary commission in 2006 to resolve the dispute. However, nothing came of it.

    Process leading up to the signing of the MoU

    • Assam CM and Arunachal CM commenced CM-level talks over the border issue on January 24, 2022.
    • In their second meeting on April 20, 2022, they made key decisions.
    • The border issues between both the states would be confined to a list of 123 villages which Arunachal Pradesh had claimed before the Local Commission in 2007.
    • A boundary line delineated by the high-powered tripartite committee in 1980 would be taken as the notified boundary, and all realignment would be done in relation to it.
    • Both states would set up 12 regional committees covering the 12 districts of Arunachal Pradesh and the 8 counterpart districts of Assam for joint verification of the 123 villages.

    Extent to which the issue has been resolved

    • The MoU has resolved the dispute over 34 villages.
    • The village boundaries of 49 of the remaining villages are unresolved.
    • The MoU states that in these, the Regional Committees will finalize the boundaries within a period of six months “through continuous dialogue.”

     

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  • The Caste Census and Mandal Politics: Analysis

    Caste Census

    Central Idea

    • The demand for a caste-based census in India has once again brought Mandal politics to the forefront. Mandal politics has succeeded in capturing political power in large parts of India and has shifted the political discourse towards a universal acceptance of OBC reservations. However, the movement has weakened in recent years, and the demand for a caste census is seen as a way for Mandal parties to regain their hold in the public discourse.

    What do you understand by mean Mandal Politics?

    • Mandal politics refers to a political movement initiated by historically marginalized Other Backward Classes (OBCs) or Bahujan caste groups in India in the late 1980s and 1990s.
    • The movement sought to secure a greater share of political and economic power through reservation in the public sector for the OBCs who had been historically excluded from such opportunities.
    • The movement derived its name from the Mandal Commission, a committee appointed by the Indian government in 1979 to identify the socially and educationally backward classes of India and recommend measures for their advancement.
    • The Mandal Commission report in 1980 recommended that 27% of jobs in the public sector be reserved for OBCs, a recommendation that was later implemented by the Indian government in 1990.

    The outcomes of Mandal politics

    Positive outcomes:

    • Increased representation: One of the main positive outcomes of Mandal politics is the increased representation of OBCs and other marginalized groups in the political sphere. This has led to greater inclusivity and diversity in government and a more balanced distribution of power.
    • Reservation policies: Mandal politics has also led to the introduction and expansion of reservation policies, which aim to provide equal opportunities to marginalized groups in education and employment.
    • Recognition of social justice: Mandal politics has brought the issue of social justice to the forefront of political discourse and has highlighted the need for policies that address historic discrimination and disadvantage.

    Negative outcomes:

    • Caste-based politics: One of the negative outcomes of Mandal politics is the perpetuation of caste-based politics. This has led to the further entrenchment of caste divisions and has hindered the development of a more inclusive and egalitarian society.
    • Polarization and conflict: Mandal politics has also led to polarization and conflict between different caste groups, as each group seeks to secure its own interests.
    • Resentment and backlash: The policies introduced by Mandal politics have also led to resentment and backlash from certain upper-caste groups, who view the policies as discriminatory and unjust. This has sometimes led to violent protests and social unrest.

    What is Caste Census?

    • A caste census is basically the counting of people belonging to different castes in a particular marked area.
    • With this two-phase exercise, the Bihar government will try to get numbers of people belonging to SC, ST, and OBC communities and their financial status among other important things.
    • The exercise is termed ‘Jaati Aadharit Ganana’. People belonging to every religion and caste will be covered during the exercise.

    Arguments for caste census

    • Enumerating the marginalized: A caste census would actually bring to the particular the number of people who are at the margins, or who are deprived, or the kind of occupations they pursue, or the kind of hold that institutions like caste have on them. The caste census opens up to enumerating Dalits who are not Hindus, such as Dalit Christians and Muslims.
    • Data for Policymaking: This information is absolutely necessary for any democratic policymaking. The census will be able to answer real public policy questions and direct policies more effectively towards those who most need state assistance and affirmative action policies.
    • Judicial backing: The courts in India have often emphatically said that it is important to have adequate data with regard to the reservation.
    • Caste offers privilege: Caste is not only a source of disadvantage; it is also a very important source of privilege and advantage in our society.
    • Rids away caste rigidities: Counting of caste doesn’t necessarily perpetuate caste or the caste system. Myths of caste elitisms can be debunked through a caste census.

    Arguments against caste census

    • 50% breach of reservation cap: It is argued that a Socio-Economic Caste Census is the only way to make a case to breach the 50% cap on reservation and rationalize the reservation matrix in the country.
    • Caste within Caste: Given the differences in caste hierarchies across various regions of the country, a comparative reading along with generating a common hierarchy may be a challenge.
    • Caste over occupation linked predicaments: Caste linked deprivation or adversity may not be as common as occupation linked predicaments, which become easier to compare across states/regions.
    • Anonymity and bias: An intimate and personalised attribute like caste may have its differential exposition between urban and rural residents. Urban residents’ need for anonymity can always bias the reporting on caste.
    • Identity crisis: Recognition and adherence to caste identity is to a large extent shaped by progressive ideals, cosmopolitanism and education, which has its own regional divide in the country between the north and the south.
    • Hurdle to casteless society: The idea of a national caste census is abhorrent when the stated policy is to strive for a casteless society.

    The Impact of a Caste Census: Analysis In brief

    Positive impact

    • Accurate data: A caste census can provide accurate data on the caste demographics of India, which is necessary for effective policy-making and affirmative action programs.
    • Better targeting of government policies: The data from a caste census can help the government target policies and programs more effectively towards the marginalized and disadvantaged sections of society.
    • Improved representation: A caste census can help improve representation of underrepresented castes in government bodies and institutions.
    • Empowerment of marginalized communities: A caste census can help empower marginalized communities by giving them a voice and recognition in the political and social systems.

    Negative impact

    • Polarization: A caste census can lead to polarization and tensions between different castes, especially if the data is used to allocate resources or benefits based on caste.
    • Stigma and discrimination: There is a risk that the caste census data can be used to further stigmatize and discriminate against marginalized communities.
    • Misuse of data: The data from a caste census can be misused by politicians and other groups to further their own agendas, leading to potential conflicts and social unrest.
    • Privacy concerns: Some people may be hesitant to disclose their caste, leading to concerns about privacy and data protection.

    Conclusion

    • The caste census is seen as a way for Mandal parties to regain their hold in the public discourse and direct policies more effectively towards those who most need state assistance and affirmative action policies. However, the demand for a caste census is a double-edged sword that may create conflicts and shift the discourse from historical injustices to distribution. The Mandal movement faces challenges but remains relevant in the ongoing struggle for social justice.
  • Tuberculosis (TB) Should No Longer Exists in the 21st Century: India can lead the way

    TB

    Central Idea

    • At the One World TB Summit in Varanasi, Uttar Pradesh on March 24, 2023, Prime Minister Narendra Modi called for a fresh approach to the global tuberculosis (TB) elimination response, with innovation and research being central drivers of change. This is a critical step as India and the world look to redefine their TB elimination response. India’s recent progress in TB control efforts and COVID-19 response provides a good reflection point, which offers lessons to address the challenges faced in the fight against TB.

    India’s Progress in TB Control Efforts

    • Expanded reach and improved detection measures: India’s National TB Elimination Programme has introduced several measures to find, notify, and treat TB cases, resulting in expanded reach and improved detection measures. As a result, the number of TB case notifications has significantly increased, rising from 15.6 lakh in 2014 to over 24 lakh in 2022.
    • Innovative approaches: India has adopted innovative approaches to TB management, including engagement with the private sector, launch of social support provisions, and introduction of diagnostic tools and new drug regimens. These measures have improved TB management in the country.
    • Increased investment in health research and development: India has recognized the importance of investing in health research and development, especially in recent years. The Mission COVID Suraksha programme to develop vaccines was a good example of a public-private partnership, with clear goals and outcomes. The country has also established centres of excellence, which will facilitate collaboration between Indian Council of Medical Research laboratories and the private sector.
    • Expansion of diagnostic tools: India has been working on expanding access to diagnostic tools for TB. Innovations such as nasal and tongue swab-based tests for TB can be a game changer by reducing diagnostic delays, and handheld digital x-ray machines with artificial intelligence-based software can now be taken to villages and urban settlements to screen large numbers of high-risk individuals.
    • Introduction of new therapeutic molecules: India has been investing in the development and introduction of new therapeutic molecules for TB treatment. Shorter, safer, and more effective regimens, such as the 1HP regimen for latent TB infections, the four-month regimen (HPZM) for drug-susceptible TB, and the six-month regimen (BPaL/M) for drug-resistant TB, have been developed.

    Why there is a Need for Disruptive Approaches and New Tools in TB elimination response?

    • Lack of widespread awareness: Despite the progress made by India’s National TB Elimination Programme, there is still a lack of widespread awareness about the disease, which has led to delayed diagnosis and treatment.
    • Access to quality care: Many people with TB in India and other developing countries do not have access to quality care, which has led to high rates of morbidity and mortality.
    • Limited diagnostic tools: There is a need to expand access to diagnostic tools for TB, especially in rural and remote areas.
    • Drug-resistant TB: The emergence of drug-resistant TB has made treatment more difficult, requiring the development of new therapeutic molecules and regimens.
    • Need for innovative approaches: Innovative approaches are needed to change the way TB is prevented, diagnosed, and treated.
    • Rapidly evolving technology: Advances in technology, such as point-of-care tests, artificial intelligence-based software, and handheld digital x-ray machines, have made it possible to develop new tools to combat TB.
    • For example: Innovative technologies such as handheld digital x-ray machines with artificial intelligence-based software and nasal and tongue swab-based tests for TB can reduce diagnostic delays and provide rapid, low-cost diagnostics. Similarly, newer and more effective regimens and repurposed existing drugs for TB can play a crucial role in the long run.

    Importance of Prioritizing TB Vaccine Trials

    • Vaccines are key to ending the TB epidemic: Vaccines are one of the most effective ways to prevent infectious diseases. For TB, a vaccine would be a critical tool for ending the epidemic, especially for those who are at the highest risk of developing and spreading TB.
    • BCG vaccine is not effective for all: The current TB vaccine, Bacille Calmette-Guérin (BCG), is not effective for everyone, especially adolescents and adults who are at the highest risk of developing and spreading TB. Therefore, new and effective vaccines are needed to provide adequate protection.
    • Multiple TB vaccine candidates in the pipeline: There are currently over 15 TB vaccine candidates in the pipeline, which have shown promise in pre-clinical and clinical trials. Prioritizing these clinical trials will help identify the most effective vaccine candidates for various community settings and different target groups.
    • Cost-effectiveness: Vaccines are a cost-effective way to prevent diseases, and a TB vaccine would be no different. Investing in TB vaccine trials and development would save resources in the long run by reducing the burden of TB on health systems and economies.
    • Global impact: TB is a global public health issue, affecting millions of people worldwide. The development of a new TB vaccine would have a significant impact not only in India but also in other high-burden countries.

    Facts for prelims: Types of vaccine technologies

    Vaccine Technology

    Explanation

    Examples

    Inactivated or killed vaccines Use viruses or bacteria that have been inactivated or killed so that they can no longer cause disease Inactivated polio vaccine, hepatitis A vaccine
    Live attenuated vaccines Use viruses or bacteria that have been weakened so that they can’t cause disease in healthy people Measles, mumps, and rubella (MMR) vaccine, yellow fever vaccine
    Protein subunit vaccines Use pieces of the virus or bacteria, such as proteins or sugar molecules, to stimulate an immune response Human papillomavirus (HPV) vaccine, pertussis (whooping cough) vaccine
    Nucleic acid vaccines Use genetic material from the virus or bacteria, such as DNA or RNA, to stimulate the immune system COVID-19 mRNA vaccines from Pfizer-BioNTech and Moderna
    Viral vector vaccines Use harmless viruses, such as adenoviruses, to deliver genetic material from the target virus or bacteria into the body to stimulate an immune response Johnson & Johnson COVID-19 vaccine, Ebola vaccine developed by Merck

    How Testing and Diagnosis of TB can be improved?

    • Increased access to diagnostic tools: There is a need to increase access to diagnostic tools for TB, especially in rural and remote areas. Innovative approaches such as point-of-care tests (POCTs), including home-based tests, can provide decentralized, rapid, and low-cost diagnostics to provide results within minutes.
    • Introduction of new diagnostic tools: New innovations such as nasal and tongue swab-based tests for TB can be a game changer by reducing diagnostic delays. Further, handheld digital x-ray machines (with artificial intelligence-based software) can now be taken to villages and urban settlements to screen large numbers of high-risk individuals, safely and conveniently.
    • Strengthening the laboratory network: It is essential to strengthen the laboratory network in India to ensure quality diagnostics, especially in the private sector. Accreditation of private laboratories for TB diagnosis and linking them with the public sector is essential.
    • Integration with other healthcare services: TB testing and diagnosis need to be integrated with other healthcare services to improve access and reduce stigma. For example, TB screening can be done in conjunction with diabetes or HIV screening.
    • Empowering patients: Empowering patients with knowledge about TB symptoms and diagnostic tests can help increase awareness and improve early diagnosis. TB awareness campaigns can also help reduce stigma associated with the disease.
    • Collaboration between public and private sectors: Collaboration between the public and private sectors can improve access to diagnostic tools and reduce the time required for TB testing and diagnosis. The private sector can be leveraged to provide affordable and quality TB diagnostics and treatment.

    Need for Appropriate Policy Frameworks

    • Smoothening the rollout of proven tools: Creating regulatory and policy frameworks can smoothen the rollout of proven tools to reach people with as little delay as possible. This requires greater collaboration between policymakers, scientists, product developers, and clinical researchers across the country and even across regions.
    • Harmonization of standards and regulatory processes: Harmonization of standards and regulatory processes between countries can enable mutual recognition of evidence-based standards and licenses and save critical time towards rollout.
    • Addressing the regulatory challenges: Appropriate policy frameworks can address the regulatory challenges of introducing new tools and approaches. This can help reduce the time and cost of clinical trials and shorten the time to market for new tools and products.
    • Encouraging innovation: Policy frameworks that incentivize innovation can encourage the private sector to invest in TB research and development. This can lead to the development of new and effective tools for TB prevention, diagnosis, and treatment.
    • Supporting public-private partnerships: Appropriate policy frameworks can support public-private partnerships that can bring together the strengths of both sectors to develop and scale up innovative solutions for TB control.

    Conclusion

    • India’s scientific ingenuity during the COVID-19 pandemic has cemented its position as pioneers in innovation in the life sciences. India must use its G-20 presidency to build a global health architecture that creates equitable access for all. India must use this opportunity to call for the collaborative development of transformational tools and approaches that cater to not only India’s needs but also those of the under-represented but disproportionately affected developing world. TB should no longer be the leading infectious disease killer globally in the 21st century, and India can lead the way.

    Mains Question

    Q. At the One World TB Summit held at in Varanasi recently, Prime Minister Narendra Modi called for a fresh approach to the global tuberculosis (TB) elimination response. In this light discuss India’s Progress in TB Control Efforts and the need for disruptive approaches and new tools in TB elimination response.

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