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GS Paper: GS2

  • Strengthening the Fight Against Tuberculosis (TB)

    Tuberculosis

    Central Idea

    • The fight against tuberculosis (TB) has been going on for over 30 years since it was declared a global health emergency, yet the goal of ending TB by 2030 is still uncertain. The fight against TB needs a renewed focus on three key areas i.e., vaccine development, newer therapeutic agents, and improved diagnostics to meet the goal of ending TB by 2030.

    Background

    • In 1993, the World Health Organization declared TB a global health emergency and the 1993 World Development Report stated that TB treatment for adults was the best buy among all developmental interventions.
    • Since then, the global response to TB has been slow and lacks urgency.

    Global Fund

    • The Global Fund to Fight AIDS, TB, and Malaria was created in response to the call for action against TB at the G7 summit in Okinawa, Japan, in 2001.
    • The Global Fund has become the single largest channel of additional funding for global TB control.
    • However, it faces constraints due to zero-sum games from donor constituents and competition between the three diseases it finances.

    Tuberculosis

    StopTB Partnership

    • The StopTB Partnership was constituted to mobilize and marshal a disparate set of actors towards the goal of ending TB.
    • It has been adapting to changes, such as using molecular diagnostic tools developed to respond to bioterrorism to diagnose TB and using social safety programs to address the poverty drivers of the TB epidemic.

    Facts for prelims: Basics of TB

    • Tuberculosis is an infectious disease caused by bacteria called Mycobacterium tuberculosis.
    • It mainly affects the lungs, but can also affect other parts of the body such as the kidneys, spine, and brain.
    • TB spreads through the air when a person with active TB disease in the lungs or throat coughs, sneezes, or speaks.
    • Symptoms of TB include coughing that lasts for three or more weeks, chest pain, coughing up blood, fatigue, fever, and weight loss.
    • TB can be treated with antibiotics, but drug-resistant forms of TB are a growing concern.

    Tuberculosis

    Three key areas that need attention

    1. Vaccine development:
    • The development of an adult TB vaccine is the first area that needs urgent attention.
    • The current vaccine is 100 years old, and the development and wide use of an adult TB vaccine are essential to ending TB.
    • COVID-19 vaccine development process provides insights into accelerating the process.
    • India’s capabilities can play a significant role in vaccine development and equitable distribution.
    1. Newer therapeutic agents for TB:
    • A few new anti-TB drugs are available but face cost and production constraints.
    • Shorter, injection-free regimens are needed to improve compliance and reduce patient fatigue.
    • A continuous pipeline of new drugs is essential to combat drug resistance.
    1. Improved diagnostics:
    • AI-assisted handheld radiology and passive surveillance of cough sounds can revolutionize TB diagnostics.
    • Incentivize biotech startups to disrupt the complexity and price barriers of molecular testing.

    Tuberculosis

    Conclusion

    • India’s leadership role in the G20 and the upcoming StopTB Partnership board meeting in Varanasi provide the perfect opportunity for India to lead the way in ending TB. With the collective will and action of leaders, it is possible to end TB sooner rather than later.
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  • Old Pension Scheme (OPS): A Call for Equitable Distribution of Resources

    Pension

    Central Idea

    • The demand for the old pension scheme (OPS) is growing in India, particularly after some states announced plans to revert to it. The mainstream critique of OPS is centered around inefficiency and fiscal deficit concerns. However, it is crucial to examine the policy from the class and welfare perspectives.

    What is pension?

    • A pension is a retirement plan that provides a stream of income to individuals after they retire from their job or profession. It can be funded by employers, government agencies, or unions and is designed to ensure a steady income during retirement.

    What is Old Pension Scheme (OPS)?

    • The OPS, also known as the Defined Benefit Pension System, is a pension plan provided by the government for its employees in India.
    • Under the OPS, retired government employees receive a fixed monthly pension based on their last drawn salary and years of service.
    • This pension is funded by the government and paid out of its current revenues, leading to increased pension liabilities.

    Pension

    Did you know: The National Pension System (NPS)?

    • NPS is a market-linked, defined contribution pension system introduced in India in 2004 as a replacement for the Old Pension Scheme (OPS).
    • NPS is designed to provide retirement income to all Indian citizens, including government employees, private sector workers, and self-employed individuals.

    Analyzing the Impact of OPS on India’s Socio-Economic Landscape

    1. Inequality and Regressive Redistribution: Under the National Pension System (NPS), the Sixth Pay Commission increased the basic salary of government employees to cover pension contributions and promote post-retirement savings. As a result, the salary of a government employee is higher than the income of more than 90% of the population. The OPS thus acts as a regressive redistribution mechanism favoring a better-off class.
    2. Rising Pension Liabilities: Pension liabilities of the government increased substantially due to the Sixth pay matrix, reaching 9% of total state expenditure. By 2050, pension expenditure will account for 19.4% of total state expenditures, assuming the current growth rate remains constant.
    3. Disproportionate Burden on the Lower Class: The bottom 50% of the population faces the inequitable burden of indirect taxation, six times more than their income. Due to OPS, they must bear the burden of supporting government employees’ pensions, which could push them further into poverty.
    4. Expenditure Challenges and Public Goods: As India’s population ages and public provision of education and healthcare becomes more critical, OPS poses expenditure challenges for providing public goods. This situation compels governments to compress already low social sector expenditures, pushing marginalized groups into further destitution.
    5. Monopolization of Future Labor Markets: The OPS facilitates the monopolization of future labor markets in the private sector by a proprietary class, allowing supervisory bureaucracy to consolidate its position and emerge as a dominant group.

    Pension

    Recommendations for Equitable Resource Distribution

    • Opposition to the OPS should focus on equitable distribution of resources and expansion of universal provisions of public goods.
    • Implement a participatory pension system for government employees to provide more egalitarian outcomes.
    • Tweak the NPS to provide a guaranteed monthly return for lower-rung employees.
    • Address unequal pay among various ranks of employees through administrative reforms.
    • Advocate for progressive taxation of the top 10% and a rationalization of political executives’ pensions and profligacy.

    Facts for prelims: NPS vs OPS

    Parameter National Pension System (NPS) Old Pension Scheme (OPS)
    Type of System Defined Contribution System Defined Benefit System
    Funding Contributions from employee and employer Government-funded
    Investment Market-linked investments in various asset classes No direct investment involved
    Returns Subject to market risks Predetermined and not market-linked
    Pension Amount Depends on accumulated corpus and investment returns Based on last drawn salary and years of service
    Annuity & Lump-sum Withdrawal Minimum 40% corpus used to purchase annuity, remaining can be withdrawn as lump-sum Fixed monthly pension, no annuity or lump-sum withdrawal
    Portability Portable across jobs and sectors Limited to government employees
    Flexibility Choice of investment options, fund managers, and asset allocation No flexibility, pension determined by predefined formula

    Conclusion

    • It is essential to recognize the disenchantment with neoliberalism driving the demand for the OPS. Government employees and policymakers must work together to address the challenges posed by OPS and implement pension reforms that prioritize equitable resource distribution, efficient allocation, and social welfare.

    Mains Question

    Q. Compare and contrast OPS with the National Pension System (NPS) and discuss the impact of Old Pension Scheme (OPS) on India’s socio-economic landscape.

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  • Rajasthan becomes first state to guarantee Right to Health

    health

    The Rajasthan Assembly passed the Right to Health (RTH), even as doctors continued their protest against the Bill, demanding its complete withdrawal.

    Right to Health (RTH): A conceptual insight

    • RTH is a fundamental human right that guarantees everyone the right to enjoy the highest attainable standard of physical and mental health.
    • It is recognized as a crucial element of the right to an adequate standard of living and is enshrined in international human rights law.

    Scope of RTH

    • RTH covers various health-related issues, including-
    1. Access to healthcare services, clean water and sanitation, adequate nutrition, healthy living and working conditions, health education, and disease prevention.
    2. Accessible, affordable, and quality healthcare services,
    3. Eliminating barriers to healthcare access
    4. Informed consent to medical treatment and accessing information about their health.

    What is the Rajasthan Right to Health Bill?

    • Free treatment: RTH gives every resident of the state the right to avail free Out Patient Department (OPD) services and In Patient Department (IPD) services at all public health facilities and select private facilities.
    • Wider scope of healthcare: Free healthcare services will include consultation, drugs, diagnostics, emergency transport, procedures, and emergency care. However, there are conditions specified in the rules that will be formulated.
    • Free emergency treatment: Residents are entitled to emergency treatment and care without prepayment of fees or charges.
    • No delay in treatment: Hospitals cannot delay treatment on grounds of police clearance in medico-legal cases.
    • State reimbursement of charges: After emergency care and stabilisation, if patients do not pay requisite charges, healthcare providers can receive proper reimbursement from the state government.

    Existing schemes in Rajasthan

    • The flagship Chiranjeevi Health Insurance Scheme provides free treatment up to Rs 10 lakh, which has been increased to Rs 25 lakh in the latest budget.
    • The Rajasthan Government Health Scheme covers government employees, ministers, current and former MLAs, etc.
    • The Nishulk Nirogi Rajasthan scheme provides free OPD and IPD services in government hospitals and covers about 1,600 medicines, 928 surgicals, and 185 sutures.
    • The Free Test scheme provides up to 90 free tests in government hospitals and has benefited 2.93 crore persons between March-December 2022.

    Need for the RTH Scheme

    • The state prioritizes healthcare and wants Rajasthan to be a great example of good health.
    • The Health Minister has received many complaints about private hospitals asking for money from patients who have the Chiranjeevi card.
    • So, they are bringing in a new law to stop this.
    • The new law will make sure that future governments follow it and provide free healthcare to everyone.

    Controversy with the RTH Law: Emergency Care Provisions

    • Emergency care was a contentious issue in the RTH.
    • The clause states that people have the right to emergency treatment and care for accidental emergency, emergency due to snake bite/animal bite and any other emergency decided by the State Health Authority under prescribed emergency circumstances.
    • Emergency treatment and care can be availed without prepayment of requisite fee or charges.
    • Public or private health institutions qualified to provide such care or treatment according to their level of health care can offer emergency care.

    Issues raised by healthcare professionals

    • Existing burden of schemes: Doctors are protesting against the RTH because they question the need for it when there are already schemes like Chiranjeevi that cover most of the population.
    • Specialization concerns: They are also objecting to certain clauses, such as defining “emergency” and being compelled to treat patients outside their specialty as part of an emergency.
    • Unnecessary obligations: The Bill empowers patients to choose the source of obtaining medicines or tests at all healthcare establishments, which means that hospitals cannot insist on in-house medicines or tests.

    Way forward

    • Given the contentious nature of the Bill, it is important for all stakeholders to come to the table and engage in constructive dialogue to resolve the issues at hand.
    • It should involve liaison between government, doctors, patient advocacy groups, and other relevant stakeholders to discuss the concerns raised by all parties and identify potential solutions.
    • This could be followed by a revision of the Bill, incorporating feedback and suggestions from all stakeholders, and a renewed effort to build consensus and support for the legislation.
    • Additionally, greater efforts could be made to improve transparency and accountability in the healthcare system, with a focus on educating patients about their rights.

     

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  • Chinese firm to build Solomon Islands Port Project

    solomon

    A Chinese state-backed company has won a contract to develop Honiara, a key port in the Solomon Islands. This is a major victory for China, which is seeking to gain a strategic foothold in the South Pacific.

    Why discuss this?

    • The Solomon Islands have become a focal point in the diplomatic tussle between China and the US, following the signing of a secret security pact between the Solomons and Beijing in 2022.
    • This has raised concerns that China may be establishing a permanent naval base in the country.

    About Solomon Islands

    • The Solomon Islands is a sovereign country consisting of six major islands and over 900 smaller islands in Oceania, to the east of Papua New Guinea and northwest of Vanuatu.
    • Its capital, Honiara, is located on the largest island, Guadalcanal.
    • It is part of the ethnically Melanesian group of islands in the Pacific and lies between Papua New Guinea and Vanuatu.
    • The country takes its name from the Solomon Islands archipelago, which is a collection of Melanesian islands that also includes the North Solomon Islands (a part of Papua New Guinea).
    • It excludes outlying islands, such as the Santa Cruz Islands and Rennell and Bellona.

    Quick recap of its past

    • The islands, which were initially controlled by the British Empire during the colonial era, went through the hands of Germany and Japan.
    • It then went back to the UK after the Americans took over the islands from the Japanese during World War II.
    • The islands became independent in 1978 to become a constitutional monarchy under the British Crown, with a parliamentary system of government.
    • Nevertheless, its inability to manage domestic ethnic conflicts led to close security relations with Australia, which is the traditional first responder to any crisis in the South Pacific.

    How did China enter the picture?

    • Earlier this year, the Solomon Islands established a security agreement with China, saying it needed Beijing’s assistance with its domestic security situation.
    • But the announcement had rattled the west, esp. the US, Australia and others in the Indo-Pacific region.
    • The concerns were that the agreement could potentially lead to a Chinese military base on the island nation and a gain in power-projection capabilities.
    • At that time, following intense scrutiny, the Solomon Islands had denied that the agreement would allow China to establish a naval base.

    What is the Solomon Islands’ stance?

    • The government has asked all partner countries with plans to conduct naval visits or patrols to put them on hold until a revised national mechanism is in place.
    • The revised national mechanism applied to all foreign vessels seeking access to the country’s ports.
    • The nation wanted to build up its own naval capacity.
    • It has some unfortunate experiences of foreign naval vessels entering its waters without any diplomatic clearance.

    What is behind China’s growing influence in the region?

    • There is no dispute that China has been rapidly increasing its presence and influence in the region for over three decades, particularly in the South Pacific.
    • Certainly Beijing views the Pacific Island region as an important component of its Belt and Road Initiative (BRI).
    • Specifically, it sees the region as a critical air freight hub in its so-called Air Silk Road, which connects Asia with Central and South America.

    Concerns of the West

    • The port project could open the door to a Chinese naval base, which would significantly extend China’s military reach in the South Pacific.”
    • It is likely that this security agreement between China and the Solomon Islands has been driven by, what the CFR calls, Beijing’s “sense of vulnerability” in the region.

    What is the rationale for the Solomon Islands’ increasing proximity to China?

    • The Solomon Islands had cultivated strong ties with Taiwan, which ended with the emergence of the current government in Honiara.
    • In 2019, the regime change switched Taiwan for China.
    • This was supposedly after Beijing offered half a billion US dollars in financial aid, roughly five times what Taiwan spent on the islands in the past two decades.
    • It has been alleged by the pro-Taiwan Opposition that the incumbent government has been bribed by China.

    Why is China interested in the Solomon Islands?

    • Isolating Taiwan: The Solomon Islands was one among the six Pacific island states which had official bilateral relations with Taiwan.
    • Supporter in UN: The small Pacific island states act as potential vote banks for mobilising support for the great powers in international fora like the United Nations.
    • Larger EEZ: These states have disproportionately large maritime Exclusive Economic Zones when compared to their small sizes.
    • Natural resources: Solomon Islands, in particular, have significant reserves of timber and mineral resources, along with fisheries.
    • Countering US: But more importantly, they are strategically located for China to insert itself between America’s military bases in the Pacific islands and Australia.

    What does this mean for the established geopolitical configuration in the region?

    • Diminishing western influence: The Pacific islands, in the post-World War II scenario, were exclusively under the spheres of influence of the Western powers, in particular, the US, UK, France and Australia and New Zealand.
    • Inserting into western hegemony: All of them have territorial possessions in the region, with the three nuclear powers among them having used the region as a nuclear weapons testing ground.
    • Shifting of dependencies: The smaller island nations of the region are heavily dependent on them, especially Australia as it is a resident power.
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  • Rising Cancer Cases in India And Economic Burden

    Central Idea

    • Cancer cases in India are predicted to cross the 15 lakh mark by 2025, highlighting concerns about the economic burden of expensive cancer treatments and the accessibility of affordable healthcare for patients.

    Cancer

    • Cancer is a group of diseases that arise when cells in the body begin to grow and divide uncontrollably, leading to the formation of tumors.
    • Normally, cells in the body grow, divide, and die in an orderly fashion, but in cancer, this process goes awry, leading to the accumulation of abnormal cells that can form a mass or tumor.
    • There are many different types of cancer, which can affect any part of the body. Some cancers, such as leukemia, do not form tumors but still involve the uncontrolled growth of abnormal cells.
    • Symptoms of cancer can vary depending on the type and location of the cancer, but common signs include unexplained weight loss, fatigue, pain, and changes in the skin or the appearance of a lump or mass.

    Economic Burden of Cancer Treatment

    1. Inaccessible and Increasing Costs:
    • The average medical expenditure per hospitalization case for cancer treatment was â‚č68,259 in urban areas, according to the NSS 2017-18 report.
    • A Parliamentary Standing Committee report expressed concern about the inaccessible and increasing cost of cancer treatment.
    1. Regulatory Challenges:
    • While anti-cancer medicine costs can be regulated, the cost of radiotherapy cannot, as it has not been declared an essential service.
    • Insurance Coverage and Out-of-Pocket Expenses.
    1. Impact on Patients:
    • Cancer often strikes around the retirement age, leading to mounting debt burdens.
    • The average hospital stay for 14.1% of cancer patients is more than 30 days, further increasing bills.

    Insurance Coverage and Out-of-Pocket Expenses

    1. Poor Insurance Penetration: More than 80% of hospital bills are paid out of pocket, as per the NSS 2017-18 report.
    2. Ayushman Bharat Limitations: The Committee observed that the Ayushman Bharat insurance scheme launched in 2018 does not cover entire prescriptions, latest cancer therapies, or many diagnostic tests.
    3. State-Specific Insurance Schemes: The Committee suggested a convergence of State and Central schemes, as some State-specific insurance schemes have been highly beneficial.

    State-wise Variation in Cancer Treatment Expenditure

    • State-wise average medical expenditure per hospitalization case for cancer treatment in government hospitals varies, with the lowest in Tamil Nadu and Telangana, and the highest in northern and north-eastern India.

    Facts for Prelims: CAR T-cell therapy

    • Unlike chemotherapy or immunotherapy, which require mass-produced injectable or oral medication, CAR T-cell therapies use a patient’s own cells.
    • The treatment involves modifying a patient’s own T-cells, which are a type of immune cell, in a laboratory to target and attack cancer cells.
    • CAR stands for chimeric antigen receptor, which refers to the genetically engineered receptor that is added to the patient’s T-cells.
    • The patient’s T-cells are collected and genetically modified in a laboratory to express the CAR.
    • The modified T-cells are then infused back into the patient’s body, where they can seek out and destroy cancer cells that express the antigen targeted by the CAR.
    • The cells are even more specific than targeted agents and directly activate the patient’s immune system against cancer, making the treatment more clinically effective.
    • This is why they’re called living drugs.
    • CAR T-cell therapy has shown promising results in treating certain types of blood cancers, including leukemia and lymphoma.

    Conclusion

    • The rising number of cancer cases in India underscores the need to address the economic burden of expensive cancer treatments and improve the accessibility of affordable healthcare for patients. Converging State and Central insurance schemes, expanding insurance coverage, and exploring ways to regulate treatment costs are essential steps to ensure that patients can access life-saving treatments without facing insurmountable financial challenges.
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  • The Global Security Initiative (GSI) : China’s Sincere Effort or a Mere Counter-Narrative?

    Central Idea

    • The Global Security Initiative (GSI), a China-led framework aiming to restore stability and security in Asia, appears to be more of a counter-narrative to U.S. leadership rather than a genuine attempt to establish a sustainable security order.

    What is GSI?

    • The GSI was introduced by Chinese Minister of Foreign Affairs Qin Gang at the Lanting Forum in Beijing.
    • The initiative is based on five pillars: mutual respect, openness and inclusion, multilateralism, mutual benefit, and a holistic approach.

    Analysis: China’s track record shows a different picture than what the GSI envisions

    1. Mutual Respect and Adherence to International Law:
    • China’s relations with neighbors like India and Southeast Asian countries demonstrate a lack of respect for their sovereignty and territorial integrity.
    • China’s assertive manoeuvres in the South China Sea, rejection of UNCLOS, and undermining of India’s territorial integrity are at odds with the GSI’s first principle.
    1. Openness and Inclusion:
    • Despite advocating for openness and inclusion, China engages in exclusionary policies in the East and South China Seas, rejecting freedom of navigation and consolidating its sphere of influence.
    1. Multilateralism and Security Cooperation:
    • China’s involvement in multilateral institutions often involves asymmetric power relations, as seen in its dealings with ASEAN members.
    • Its delay in establishing a Code of Conduct for the South China Sea and ongoing militarization in the region undermine this principle.
    1. Mutual Benefit:
    • China’s Belt and Road Initiative (BRI) has the potential to benefit all parties involved. However, its funding of unsustainable projects for countries with low credit ratings creates debt burdens and destabilizes international macroeconomic stability.
    • China’s insistence on a larger share in joint resource exploration with the Philippines is another example of disregarding mutual benefit.
    1. Holistic Approach:
    • China’s rise in a transitioning multipolar international system has led to power competitions with established and rising powers, such as the U.S. and India.
    • Its engagements with these powers indicate a narrowly defined goal for its power interests. Furthermore, China’s involvement in non-traditional security threats, such as the COVID-19 pandemic and arming terror groups, shows a lack of holistic approach.

    Conclusion

    • China’s rise in a transitioning multipolar international system has led to power competitions with established and rising powers, and its involvement in non-traditional security threats shows a lack of holistic approach. It’s Global Security Initiative, which is a vision of a future security order, is vastly different from China’s recent track record of external engagement.

    Mains Question

    Q. What is China’s Global Security Initiative (GSI)? It is said that China’s GSI is vastly different from China’s recent track record of external engagement. Discuss

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  • SC to examine if Electoral Bond pleas need to be referred to Constitution Bench

    bond

    The Supreme Court will examine whether petitions challenging the validity of the electoral bonds scheme need to be referred to a Constitution Bench.

    What is a Constitution Bench?

    • The constitution bench is the name given to the benches of the Supreme Court of India.
    • The Chief Justice of India has the power to constitute a Constitution Bench and refer cases to it.

    Constitution benches are set up when the following circumstances exist:

    1. Interpretation of the Constitution: Article 145(3) provides for the constitution of at least five judges of the court which sit to decide any case “involving a substantial question of law as to the interpretation” of the Constitution of India.
    2. President of India seeking SC’s opinion: When the President has sought the Supreme Court’s opinion on a question of fact or law under Article 143 of the Constitution. Article 143 of the Constitution provides for Advisory jurisdiction to the SC. As per the provision, the President has the power to address questions to the apex Court, which he deems important for public welfare.
    3. Conflicting Judgments: When two or more three-judge benches of the Supreme Court have delivered conflicting judgments on the same point of law, necessitating a definite understanding and interpretation of the law by a larger bench.
    • The Constitution benches are set up on ad hoc basis as and when the above-mentioned conditions exist.
    • Constitution benches have decided many of India’s best-known and most important Supreme Court cases, such as:
    1. K. Gopalan v. State of Madras (Preventive detention)
    2. Kesavananda Bharati v. State of Kerala (Basic structure doctrine) and
    3. Ashoka Kumar Thakur v. Union of India (OBC reservations) etc.

     

    What are Electoral Bonds?

    • Electoral bonds are banking instruments that can be purchased by any citizen or company to make donations to political parties, without the donor’s identity being disclosed.
    • It is like a promissory note that can be bought by any Indian citizen or company incorporated in India from select branches of State Bank of India.
    • The citizen or corporate can then donate the same to any eligible political party of his/her choice.
    • An individual or party will be allowed to purchase these bonds digitally or through cheque.

    About the scheme

    • A citizen of India or a body incorporated in India will be eligible to purchase the bond
    • Such bonds can be purchased for any value in multiples of â‚č1,000, â‚č10,000, â‚č10 lakh, and â‚č1 crore from any of the specified branches of the State Bank of India
    • The purchaser will be allowed to buy electoral bonds only on due fulfillment of all the extant KYC norms and by making payment from a bank account
    • The bonds will have a life of 15 days (15 days time has been prescribed for the bonds to ensure that they do not become a parallel currency).
    • Donors who contribute less than â‚č20,000 to political parties through purchase of electoral bonds need not provide their identity details, such as Permanent Account Number (PAN).

    Objective of the scheme

    • Transparency in political funding: To ensure that the funds being collected by the political parties is accounted money or clean money.

    Who can redeem such bonds?

    • The Electoral Bonds shall be encashed by an eligible Political Party only through a Bank account with the Authorized Bank.
    • Only the Political Parties registered under Section 29A of the Representation of the People Act, 1951 (43 of 1951) and which secured not less than one per cent of the votes polled in the last General Election to the Lok Sabha or the State Legislative Assembly, shall be eligible to receive the Electoral Bonds.

    Restrictions that are done away

    • Earlier, no foreign company could donate to any political party under the Companies Act
    • A firm could donate a maximum of 7.5 per cent of its average three year net profit as political donations according to Section 182 of the Companies Act.
    • As per the same section of the Act, companies had to disclose details of their political donations in their annual statement of accounts.
    • The government moved an amendment in the Finance Bill to ensure that this proviso would not be applicable to companies in case of electoral bonds.
    • Thus, Indian, foreign and even shell companies can now donate to political parties without having to inform anyone of the contribution.

    Issues with the Scheme

    • Opaque funding: While the identity of the donor is captured, it is not revealed to the party or public. So transparency is not enhanced for the voter.
    • No IT break: Also income tax breaks may not be available for donations through electoral bonds. This pushes the donor to choose between remaining anonymous and saving on taxes.
    • No anonymity for donors: The privacy of the donor is compromised as the bank will know their identity.
    • Differential benefits: These bonds will help any party that is in power because the government can know who donated what money and to whom.
    • Unlimited donations: The electoral bonds scheme and amendments in the Finance Act of 2017 allows for “unlimited donations from individuals and foreign companies to political parties without any record of the sources of funding”.

    Way ahead

    • The worries over the electoral bond scheme, however, go beyond its patent unconstitutionality.
    • The concern about the possibility of misuse of funds is very pertinent.
    • The EC has been demanding that a law be passed to make political parties liable to get their accounts audited by an auditor from a panel suggested by the CAG or EC. This should get prominence.
    • Another feasible option is to establish a National Election Fund to which all donations could be directed.
    • This would take care of the imaginary fear of political reprisal of the donors.
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  • SC asks govt. for data on Death by Hanging

    death

    The Supreme Court has asked the Centre to provide data which may point to a more dignified, less painful and socially acceptable method of executing prisoners other than death by hanging.

    Central idea

    • The Supreme Court is hearing a petition challenging the constitutionality of death by hanging as a mode of execution.
    • The petition argued that there is a need to evolve a “humane, quick and decent alternative” to hanging, which he termed as “cruel and barbarous” compared to lethal injection used in the United States.

    Quest for painless execution

    • Justice Narasimha noted that there was literature suggesting that “hanging is closest to painless”.
    • In 2018, the Centre filed an affidavit supporting death by hanging and stated that it had found the method of firing squads and lethal injections as “barbaric, inhuman and cruel”.
    • The government traced statistics of “botched-up” administration of lethal injections to condemned prisoners in the United States for 110 years to prove its point.

    Status of death penalty in India

    • Section 354 (5) of the Code of Criminal Procedure mandates that a person sentenced to death shall “be hanged by the neck till he is dead”.
    • In India, The Air Force Act, 1950, The Army Act 1950, and The Navy Act 1957 say that execution has to be carried out either by hanging by the neck until death or by being shot to death.

    Why in news now?

    • The court clarified that it was not questioning the constitutionality of the death penalty, which was well-settled in Deena versus Union of India judgment and the Bachan Singh case reported in 1980.
    • The government argued that the mode of execution is a “matter of legislative policy” and the death penalty is awarded only in the rarest of rare cases, with only three executions between 2012 and 2015.

    Debate over Death Penalty

    Arguments in favor:

    • Forfeiture of life: Supporters of the death penalty believe that those who commit murder, because they have taken the life of another, have forfeited their own right to life.
    • Moral indignation of the victim: It is a just form of retribution, expressing and reinforcing the moral indignation not only of the victim’s relatives but of law-abiding citizens in general.
    • Highest form of Justice: For heinous crimes such as the Nirbhaya Gangrape Case, no other punishment could have deterred the will of the convicts.
    • Deterrent against crime: Capital punishment is often justified with the argument that by executing convicted murderers, we will deter would-be murderers from killing people.
    • Proportional punishment: The guilty people deserve to be punished in proportion to the severity of their crime.
    • Prevailing lawlessness: The crimes we are now witnessing cannot be addressed by simple punishments. We are seeing horrific attacks on women, young girls, minority communities and Dalits etc.
    • Prevention of crime is non-existent: Despite of stringent regulations, it is certainly visible that some crimes can never be prevented in our society.

    Arguments against:

    • Eye for an eye: Reformative justice is more productive, that innocent people are often killed in the search for retribution, and that “an eye for an eye makes the whole world blind.
    • Deterrence is a myth: Death penalty is not a deterrent to capital crimes state that there is no evidence to support the claim that the penalty is a deterrent.
    • Political tool of suppression: The authorities in some countries, for example Iran and Sudan, use the death penalty to punish political opponents.
    • Reverence for life’ principle: Death penalty is an immoral punishment since humans should not kill other humans, no matter the reasons, because killing is killing.
    • Stigma against killing: With the introduction of lethal injection as execution method, medical professionals participate in executions. Many professionals have now refused to administer such deaths.
    • Skewed justice systems: In many cases recorded by Amnesty International, people were executed after being convicted in grossly unfair trials, on the basis of torture-tainted evidence and with inadequate legal representation.
    • Discriminatory nature: The weight of the death penalty is disproportionally carried by those with less advantaged socio-economic backgrounds or belonging to a racial, ethnic or religious minority.
    • Penalizing the innocents: The risk of executing the innocent precludes the use of the death penalty. Our colonial history has witnessed many such executions.

    Other issues with such executions

    (a) Socio-Economic Factors

    • The recent statistics shows that the death row prisoners in India are more from the backward classes of the society.
    • The death row prisoners belong to backward classes and religious minorities and the majority of convicts’ families are living in adjunct poverty.
    • These people who are backward both in economic and social respects, are not in a position to here expensive lawyers and get proper representation in the Court.

    (b) Delayed Execution

    • The law provides for a long process before the execution of the convicts actually takes place.
    • The unexplained delay in execution can be a ground for commutation of death penalty, and an inmate, his or her kin, or even a public-spirited citizen could file a writ petition seeking such commutation.
    • Their trials are often cruelly forced to endure long periods of uncertainty about their fate.

    Way forward: Law Commission recommendations on death penalty

    The Law Commission of India in its 262nd Report (August 2015) recommended that:

    • Death penalty be abolished for all crimes other than terrorism-related offences and waging war.
    • Measures such as police reforms, witness protection scheme and victim compensation scheme should be taken up expeditiously by the government.
    • It felt that time has come for India to move towards abolition of the death penalty. However the concern is often raised that abolition of death penalty for terrorism-related offences and waging war, will affect national security.

     

  • What is the Interpol, and what is a Red Notice?

    interpol

     

    In a major setback to Indian agencies, Interpol has taken down from its website the Red Notice against a fugitive who is wanted in connection with the â‚č13,578-crore Punjab National Bank fraud cases.

    What is the news?

    • The person whom the Union Ministry of Home Affairs has listed as a “terrorist” under the Unlawful Activities (Prevention) Act (UAPA).

    Why has Interpol rejected India’s request?

    • The Interpol has said that India has failed to provide sufficient information to support its case.
    • It criticized the UAPA for being misused to target minority groups and human rights activists without “respecting” their right to due process and a fair trial.
    • While acknowledging the separatists leader, the Interpol has said that his activities have a “clear political dimension”, which cannot be the subject of a Red Corner Notice.

    What is the Interpol?

    • The Interpol, or International Criminal Police Organization, is an inter-governmental organization comprising 195 member countries, which helps police forces in all these countries to better coordinate their actions.
    • It enables member countries to share and access data on crimes and criminals and offers a range of technical and operational support.
    • It is run by a secretary general with its headquarters in Lyon, France, with a global complex for innovation in Singapore, and several satellite offices in different regions.
    • India accepted Interpol membership in June 1956.

    How does it function in member countries?

    • Interpol has a National Central Bureau (NCB) in each member country, which is the central point of contact for both the general secretariat and the other NCBs around the world.
    • Each NCB is run by police officials of that country, and usually sits in the government ministry responsible for policing. (MHA in case of India.)
    • Interpol manages 19 police databases with information on crimes and criminals (from names and fingerprints to stolen passports), accessible in real-time to countries.
    • It also offers investigative support such as forensics, analysis, and assistance in locating fugitives around the world.

    What is a Red Notice?

    • Criminals or suspects often flee to other countries to evade facing justice.
    • A Red Corner Notice, or Red Notice (RN) alerts police forces across the world about fugitives who are wanted internationally.
    • Red Notices are issued for fugitives wanted either for prosecution or to serve a sentence.
    • A Red Notice is a request to law enforcement worldwide to locate and provisionally arrest a person pending extradition, surrender, or similar legal action.
    • An RN is published by Interpol at the request of a member country.

    Indian fugitives on this RN

    • Among the most popular Indians on this list are jeweller Mehul Choksi and diamantaire Nirav Modi.

    Is an RN a warrant of arrest?

    • An RN is only an international wanted persons’ notice; it is not an international arrest warrant.
    • Interpol itself does not want individuals; they are wanted by a country or an international tribunal.
    • This means the Interpol cannot compel law enforcement authorities in any country to arrest the subject of an RN.
    • It is up to individual member countries to decide what legal value to give to an RN, and the authority of their national law enforcement officers to make arrests.
    • Interpol says that an RN must comply with its constitution and rules.
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  • UNSC: India’s Remarkable Tenure

    Central idea

    • India’s two-year stint in the United Nations Security Council (UNSC) was unprecedented, with a focus on maritime security, terrorism, UN peacekeeping, reformed multilateralism, and the Global South. India served as the Chair of three important UNSC Committees, made efforts to bring conflicting parties on the same page, and raised important issues like religiophobia.

    India’s tenure in the UNSC from 2020 to 2022

    1. Focus on Priorities:
    • Clear priorities upon entering the Council in January 2021
    • Priorities include maritime security, terrorism, UN peacekeeping, reformed multilateralism, and the Global South
    • India elected Chair of three important UNSC Committees
    1. India’s Role in Maritime Security:
    • Prime Minister of India chaired a UNSC meeting on maritime security
    • Presidential Statement issued was the first comprehensive document on maritime security
    • Document referenced UN Convention on the Law of the Sea as international law setting out the legal framework
    • Statement called for freedom of navigation, anti-piracy measures, and combating terror and transnational crime at sea
    1. Conflicts on the Agenda:
    • Old conflicts festered and new conflicts arose, including Myanmar, Afghanistan, Ethiopia, Mali, Syria, Palestine, Yemen, Haiti, Libya, and the Sahel, as well as Ukraine
    • The Council stood polarised and unable to act decisively
    • India attempted to bring the Council together on these issues
    1. India’s Involvement in Myanmar:
    • Military takeover in Myanmar occurred in February 2021
    • Permanent-5 were pulling in opposing directions while ASEAN counselled caution
    • India shares a nearly 1,700 kilometre-long border with Myanmar and it was crucial to stop violence, bring in stability and ensure democratic processes went forward
    • India ensured balanced and comprehensive Council pronouncements, which culminated in a resolution on Myanmar (adopted under India’s presidency) in December 2022.

    India’s Impact on the UNSC: Steadfast Diplomacy in the Face of Global Challenges

    1. India’s role in Afghanistan Crisis:
    • India steered negotiations resulting in UNSC Resolution 2593 for benchmarks in Afghanistan, including stopping cross-border terrorism, protecting rights of women and minorities, ensuring an inclusive government, and providing humanitarian assistance.
    • India maintains a firm position on the Taliban upholding these benchmarks.
    1. India’s stance on Ukraine Conflict:
    • India’s independent stand calling for dialogue and peace during the Ukraine conflict resonated with many developing countries.
    • India spoke out against unilateral sanctions on oil, food, and fertilizers.
    • As the conflict spilled over into India’s G-20 Presidency, India is now launching an initiative to convert its proactive position into action.
    1. India’s focus on counter-terrorism:
    • As Chair of the UNSC Counter-terrorism Committee (CTC), India brought the CTC meeting to India in October 2022.
    • India attempted to list terrorists under UNSC Resolution 1267 sanctions but was thwarted, however, the proposal to list Abdul Rehman Makki, Deputy Amir/Chief of the Lashkar-e-Taiba was approved by the UNSC, with India as a proposer.

    India on peacekeeping

    • Largest contributor including women: India has been the largest contributor of UN peacekeepers, including as a pioneer in women peacekeeping.
    • UNITE Aware technology platform: Its launching of the UNITE Aware technology platform to strengthen real-time protection of peacekeepers is to be noted.
    • Calling for accountability for crimes against peacekeepers: In August 2021, India piloted the first UNSC resolution by India in more than five decades, calling for accountability for crimes against peacekeepers. India also gifted two lakh vaccines to all UN peacekeepers.

    Facts for Prelims: The UNITE Aware technology platform

    • Developed by India: The UNITE Aware technology platform is a system developed by India in collaboration with the United Nations to enhance the safety and security of peacekeepers deployed in conflict zones.
    • Real time ground situation: It is a real-time situational awareness system that uses advanced technologies such as satellites, drones, and geospatial tools to provide up-to-date information on the ground situation to peacekeeping forces.
    • Mobile app: The system also includes a mobile app that allows peacekeepers to report incidents and receive alerts in real-time.
    • Help to make informed decisions: The platform is designed to help peacekeepers make informed decisions and respond effectively to emerging threats, thereby reducing the risks to their safety and security.

    On other important issue

    1. Climate change:
    • India’s focus on the developing world, especially Africa and West Asia, was enhanced, given their close historical relations.
    • In December 2021, India thwarted a move by the West to wrest climate change from the UN Framework Convention on Climate Change-led process and bring it under the ambit of the UNSC, where the P-5 are also major historical polluters.
    • The draft resolution was defeated in the Council when India and Russia voted against.
    • A change in the climate change architecture would have shut out the voice of the Global South, especially Small Island Developing States.
    1. Contemporary issues:
    • India also raised the issue of a contemporary form of religiophobia in the Council when, while condemning phobia against Abrahamic religions, it forcefully put forth the need to combat rising hate crimes and phobias against non-Abrahamic religions as well.
    • With hate crimes being fuelled abroad by vested interests, India’s stand needs to be robustly taken forward.

    Conclusion

    • India’s Presidency led to a discussion on urgent Council reform, highlighting India’s strong performance and the need for its permanent presence at the horseshoe table.

    Mains Question

    Q. India’s tenure in the United Nations Security Council from 2020 to 2022 was marked by its focus on several important priorities and its involvement in various global issues. Evaluate India’s performance.

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