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GS Paper: GS2

  • What is the Doctrine of Pleasure?

    The Kerala Governor has sought dismissal of a minister from the Cabinet, declaring that he has withdrawn the pleasure of having him in the Council of Ministers.

    Doctrine of Pleasure: The concept behind

    • The pleasure doctrine is a concept derived from English common law.
    • It says is that a civil servant of the Crown holds office during the pleasure of the Crown.
    • This means his services can be terminated at any time by the Crown, without assigning any reason.

    How is it practised in India?

    • In India, Article 310 of the Constitution says every person in the defence or civil service of the Union holds office during the pleasure of the President.
    • Similarly, every member of the civil service in the States holds office during the pleasure of the Governor.
    • However, Article 311 imposes restrictions on the removal of a civil servant.

    How arbitrary is this doctrine?

    • It provides for civil servants being given a reasonable opportunity for a hearing on the charges against them.
    • There is also a provision to dispense with the inquiry if it is not practicable to hold one, or if it is not expedient to do so in the interest of national security.
    • In practical terms, the pleasure of the President referred to here is that of the Union government, and the Governor’s pleasure is that of the State government.

    Is the governor entitled to exercise his/her displeasure?

    • Under Article 164, the Chief Minister is appointed by the Governor; and the other Ministers are appointed by the Governor on the CM’s advice.
    • It adds that Ministers hold office during the pleasure of the Governor.
    • In a constitutional scheme in which they are appointed solely on the CM’s advice, the ‘pleasure’ referred to is also taken to mean the right of the CM to dismiss a Minister, and not that of the Governor.

    Why in news now?

    Ans. Issue over appointment of Vice-Chancellor

    • The latest controversy has arisen after the Governor sought the resignation of several vice-chancellors following a Supreme Court judgment.
    • The V-C’s appointment of a technical university was contrary to the regulations of the University Grants Commission (UGC).
    • The appointment Committee had identified only one candidate and recommended the name to the Chancellor for appointment.
    • However, under UGC regulations, a panel of three to five names should be recommended so that the Chancellor has a number of options to choose from.

    How is Governor involved in this?

    • The Governor, in his capacity as Chancellor of universities, responded by directing the V-Cs of nine universities to resign the very next day.
    • He contended that the infirmities pointed out by the Supreme Court in one case also vitiated their appointments.

     

     

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  • Reframing the Guidelines of Capital Punishment

    Capital

    Context

    • CJI, Justice Lalit had displayed unique sensitivity to the plight of the condemned ‘death row prisoners’ in Anokhi Lal vs State of M.P. (2019), Irfan vs State of M.P., Manoj and Ors vs State of M.P. (May 2022) and impart corrections in the form of creative directions/guidelines.

    What is capital punishment?

    • Capital punishment, sometimes called death penalty, is execution of an offender sentenced to death after conviction by a court of law for a criminal offense.
    • It should be distinguished from extrajudicial executions carried out without due process of law.
    • The term death penalty is sometimes used interchangeably with capital punishment, though imposition of the penalty is not always followed by execution, because of the possibility of commutation to life imprisonment.

    Capital

    Background of capital punishment

    • Bachan Singh case: In Jagmohan Singh vs State of UP’ (1973), then in ‘Rajendra Prasad vs State of UP’ (1979), and finally in ‘Bachan Singh vs State of Punjab’ (1980) the Supreme Court affirmed the constitutional validity of the death penalty.
    • Punishment according to fair procedure: It said that if capital punishment is provided in the law and the procedure is a fair, just and reasonable one, the death sentence can be awarded to a convict.
    • Rarest of rare case: This will, however, only be in the “rarest of rare” cases, and the courts should render “special reasons” while sending a person to the gallows.

    What is “rarest of rare” case?

    • The principles of what would constitute the “rarest of rare” were laid down by the top court in the landmark judgment in ‘Bachan Singh’.
    • Two prime questions, the top court held, may be asked and answered:
    • First: is there something uncommon about the crime which renders the sentence of imprisonment for life inadequate and calls for a death sentence?
    • Second: are there circumstances of the crime such that there is no alternative but to impose the death sentence even after according to maximum weightage to the mitigating circumstances which speak in favor of the offenders?

    Why existing guidelines are problematic?

    • Arbitrary sentencing: There has long been a judicial crisis in death penalty sentencing on account of unprincipled sentencing, arbitrariness and worrying levels of subjectivity. The crisis has been acknowledged by the Supreme Court, the Law Commission of India, research scholars and civil society groups.
    • Crime-centric nature: Death penalty sentencing has been, by and large, crime-centric. This approach goes against the requirements imposed on sentencing judges by the Supreme Court in Bachan Singh (1980).
    • Nature of crime a dominant consideration: An important reason for the breakdown is that factors relating to the crime the nature of the crime and its brutality are often dominant considerations, and there is barely any consideration of mitigating factors.
    • Little discussion on mitigating factors: There has been very little discussion on bringing the socioeconomic profile of death row prisoners as a mitigating factor into the courtroom.

    capital

    What are new guidelines through recent judgement?

    • Considering Potential mitigating circumstances: The focus here is on reframing ‘Framing Guidelines Regarding Potential Mitigating Circumstances to be Considered While Imposing Death Sentences’, a decision authored by the three judge Bench (the current CJI and Justices Ravindra Bhat and Sudhanshu Dhulia, September 19, 2022).
    • Seeking remedies beyond Legislative and judicial limitation: Such a reference to a larger Bench would constitute yet another step in the direction of death penalty sentencing justice reform such as the legislative limitation flowing from Section 354(3) in the Code of Criminal Procedure; judicial limitation flowing from the ‘rarest of rare’ case; and ‘oral hearing’ after all the remedies to the condemned are exhausted.
    • Mitigating factors are important: Justice Ravindra Bhat did not stop at paying lip service to ‘rarest of rare’ case limitation, but also required the sentencing court to take the trouble of balancing the aggravating factors and mitigating factors, as per the full Bench ruling.
    • The following observations of the Court are significant: “It is also a fact that in all cases where imposition of capital sentence is a choice of sentence, aggravating circumstances would always be on record, and would be part of [the] prosecutor’s evidence, leading to conviction, whereas the accused can scarcely be expected to place mitigating circumstances on the record, for the reason that the stage for doing so is after conviction.
    • Granting real and meaningful opportunity: The three judge Bench decision seems to have gone beyond sentencing incongruities when it observes: “This court is of the opinion that it is necessary to have clarity in the matter to ensure a uniform approach on the question of granting real and meaningful opportunity, as opposed to formal hearing to the accused/convict on the issue of sentence.”

    Conclusion

    • Free, fair and transparent opportunity has been given to accused while awarding the death sentence. Supreme court of India has rightly laid down the guidelines through judgement for sentencing the capital punishment to prevent the arbitrary use and misuse of capital punishment.

    Mains Question

    Q. What are the issues with death penalty guidelines in India? What are the new guidelines by SC regarding capital punishment?

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  • PM calls for ‘One Nation, One Uniform’ for Police

    uniform

    Prime Minister has pitched the idea of “One Nation, One Uniform” for Indian police forces.

    One Nation One Uniform

    • PM urged that the identity of police across the country should be the same.
    • This suggestion is in line with his broader attempt to introduce a uniform set of policies across the country.

    How can this be achieved?

    • Law and order is a State Subject.
    • The Indian Constitution puts police forces under the jurisdiction of state governments, and each of the 28 states have their own police force.
    • Both ‘public order’ and the ‘police’ are placed in List II (State List) of the Seventh Schedule of the Constitution, which deals with the division of powers between the Union and States.
    • In the circumstances, it is unclear how the PM’s suggestion, if the government were to take it up seriously, might be implemented.

    Why such move?

    Ans. Inconsistencies in attire

    • While police personnel in India are often associated with the colour khaki, their uniforms do differ in varying degrees in different regions.
    • For example:
    1. Kolkata Police wear white uniforms
    2. Puducherry Police constables wear a bright red cap with their khaki uniforms
    3. Delhi Traffic Police personnel wear white and blue uniforms

    Changes in police uniforms

    Over the years, police departments of various states have made various attempts to reform uniforms for their personnel.

    • Maharashtra: In February 2018, in a bid to prevent colour variation in the uniform of its personnel, the Maharashtra police had decided to provide dope-dyed khaki fabric for its staff. Again, the Maharashtra DGP issued a circular discontinuing the practice of wearing a “tunic uniform” for officers from the rank of Police Sub Inspectors (PSI) to Deputy Superintendent (DySP).
    • Karnataka: In October 2018, the Karnataka Police announced that women personnel would no longer wear khaki saris, rather a khaki shirt and trousers while on duty. This would make it easier for policewomen to do their job and improve their effectiveness in dealing with crime.
    • New Delhi: The Delhi Police had asked the National Institute of Fashion Technology (NIFT) to design fresh uniforms, with an immediate focus on clothing that would be more comfortable.

    Other such moves

    • In August this year, the Ministry of Chemicals and Fertilisers announced that it had implemented the “One Nation One Fertiliser” scheme.
    • The Centre in August 2019 had introduced the “One Nation One Ration Card” scheme.
    • PM has also repeatedly suggested the implementation of “One Nation, One Election”, and adopting a single voter list for all polls.

     

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  • Nutrition, Not Hunger Should Be the Priority

    Nutrition

    Context

    • The fountainhead is a 16-year-old German and Irish organization, which measures and ranks countries on a hunger index at the global, regional, and national levels, but not at the sub-national level where some Indian states fare better. The Global Hunger Index’s (GHI) stated aim is to reduce hunger around the world. But its methodology focuses disproportionately on less than five-year-old’s.

    Problematic methodology of GHI

    • Mixing the hunger and nutrition: In common parlance, hunger and nutrition are two different things. Hunger is associated with food scarcity and starvation. It produces images of emaciated people holding empty food bowls.
    • Wrong data collection methods: GHI uses childhood mortality and nutrition indicators. But its preamble states “communities, civil society organizations, small producers, farmers, and indigenous groups shape how access to nutritious food is governed.”
    • Irony of food grain availability: This suggests that GHI sees hunger as a food production challenge when, according to the FAO, India is the world’s largest producer and consumer of grain and the largest producer of milk; when the per capita intake of grain, vegetables and milk has increased manifold. It is, therefore, contentious and unacceptable to club India with countries facing serious food shortages, which is what GHI has done.

    Data according to the latest National Family Health Survey Report

    • Comparative state level data collection: The sensational use of the word hunger is abhorrent given the facts. But there is no denying that in India, nutrition, particularly child nutrition, continues to be a problem. Unlike the GHI, the National Family Health Survey (NFHS) does a good job of providing comparative state-level data, including the main pointers that determine health and nutrition.
    • Crucial health parameters included: NFHS provides estimates of underweight, (low weight for age), stunting (low height for age) and wasting (low weight for height). These conditions affect preschool children (those less than 6 years of age) disproportionately and compromise a child’s physical and mental development while also increasing the vulnerability to infections.
    • Undernourishment is included: Undernourished mothers (attributable to social and cultural practices,) give birth to low-birth-weight babies that remain susceptible to infections, transporting their handicaps into childhood and adolescence. NFHS includes undernourishment parameter.

    Why nutrition is the best indicator of health?

    • Link between nutrition and disease: There are links between the nutritional status of young children with the post-neonatal phase when children suffer from acute respiratory infections and diarrhoeal diseases. Sanitation and hygiene require much more work.
    • Diet and food intake is important: Professor V Subramanian at the Harvard Chan School of Public Health writes, “There is a need to declutter the current approaches to child undernutrition by keeping it simple. I advise against a disproportionate focus on anthropometry (body measurements); instead, the need is to have a direct engagement with actual diet and food intake.”

    Nutrition

    How to overcome the child nutrition challenge?

    • Improving the breast feeding: The first child nutrition challenge relates to breastfeeding. The WHO and UNICEF recommend that breastfeeding should be initiated within the first hour of birth and infants should be exclusively breastfed for the first six months. According to NFHS 5, in India, the percentage improvement of children who were exclusively breastfed when under six months, rose from 55 per cent in NFHS 4 to 64 per cent in NFHS 5. That is progress, but it is not enough. By not being breastfed, an infant is denied the benefits of acquiring antibodies against infections, allergies and even protection against several chronic conditions.
    • Better nutritional practice: The second issue relates to young child feeding practices. At root are widespread practices like not introducing semi-solid food after six months, prolonging breastfeeding well beyond the recommended six months and giving food lacking in nutritional diversity. NFHS 5 shows that the improvement has been marginal over the last two reports and surprisingly, states like Maharashtra, Rajasthan, Assam, UP and Gujarat are at the tail end.
    • Continuation of nutrition programmes: Almost one dozen nutrition programmes have been under implementation since 1975. Several more have been added of late, but most beneficiaries of these food distribution programmes are kids attending anganwadis or schools, adolescents, and pregnant and lactating mothers. This must continue but new-Borns, infants, and toddlers need attention too. Monitoring weight is an indicator, not a solution.
    • States must be encouraged: States should be urged to examine the NFHS findings to steer a new course to improve the poshan practices for the youngest and the most vulnerable sections of society.
    • Better child rearing practices: Helping mothers to better the lives of their infants and toddlers right inside the home by measuring and demonstrating how much diet, food intake and child-rearing practices matter.

    Nutrition

    Conclusion

    • We should lose no more time over the GHI rankings, which are distorted and irrelevant. India has successfully overcome much bigger problems reduced maternal and child mortality, improved access to sanitation, clean drinking water and clean cooking fuel. Our focus should be on nutrition rather than hunger.

    Mains Question

    Critically analyze the India’s hunger problem in light of Global Hunger Index. What are initiatives of Government of India to overcome hunger and nutrition challenge?

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  • Declining Funding to Welfare Schemes

    Context

    • Over the past three years, over 50% of existing central government sponsored schemes have been discontinued, subsumed, revamped or rationalized into other schemes. The impact has been varied across Ministries.

    Social welfare Schemes which are discontinued, subsumed or revamped

    • Schemes under Ministry of women and child development: There are just three schemes now out of 19 schemes, i.e., Mission Shakti, Mission Vatsalya, Saksham Anganwadi and Poshan 2.0. Mission Shakti itself replaced 14 schemes which included the ‘Beti Bachao, Beti Padhao’ scheme.
    • Schemes under Ministry of animal husbandry and dairy: Just two schemes remain out of 12. Additionally, the Ministry has ended three schemes which include Dairying through Cooperatives, National Dairy Plan II, etc.
    • Schemes under Ministry of Agriculture and Farmers’ Welfare: There are now three out of 20 (Krishonnati Yojana, Integrated Scheme on Agricultural Cooperatives and the Rashtriya Krishi Vikas Yojana), while there is little information on the National Project on Organic Farming or the National Agroforestry Policy.

    Government spending on fertilizers

    • Declining fertilizer subsidies: Subsidies having been in decline over the last few years; actual government spending on fertilizers in FY2021 reached â‚č1,27,921 crore. In the FY2122 Budget, the allocation was â‚č79,529 crore (later revised to â‚č1,40,122 crore amidst the COVID19 pandemic). In the FY2223 Budget, the allocation was â‚č1,05,222 crore.
    • Price rise in NPK fertilizers: Allocation for NPK fertilizers (nitrogen, phosphorus, and potassium) was 35% lower than revised estimates in FY2122. Such budgetary cuts, when fertilizer prices have risen sharply after the Ukraine war, have led to fertilizer shortages and farmer anguish.

    The status of other important schemes

    • Reduced budget of MGNREGA: The allocation for the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) went down by approximately 25% in the FY2223 Budget earlier this year, with the allocated budget at â‚č73,000 crore when compared to the FY21-22 revised estimates of â‚č98,000 crore. The Economic Survey 2022-23 has highlighted that demand for the scheme was higher than pre-pandemic levels as rural distress continues. Anecdotal cases show that actual funding disbursal for MGNREGA has often been delayed, leading to a decline in confidence in the scheme.
    • The Garib Kalyan Rojgar Abhiyaan: The GKRAY (June 2020, for a period of 125 days) sought to provide immediate employment and livelihood opportunities to the rural poor; approximately 50.78 crore person days of employment were provided at an expenditure of approximately â‚č39,293 crore (against an announced budget of â‚č50,000 crore, Ministry for Rural Development). The scheme subsumed 15 other schemes. With between 60 million to 100 million migrant workers who seek informal jobs, such a scheme should have been expanded.
    • Delayed payments for Accredited Social Health Activists (ASHA): ASHA, who are the first responders, there have been delays in salaries for up to six months. Regularisation of their jobs continues to be a struggle, with wages and honorariums stuck at minimum levels. There is one more example. Biodiversity has also been ignored.
    • Less funding or wildlife habitat development: Funding under the Ministry of Environment, Forest and Climate Change has declined: from â‚č165 crore (FY18-19), to â‚č124.5 crore (FY19-20), to â‚č87.6 crore (FY2021). Allocations for Project Tiger have been slashed â‚č323 crore (FY18-19) to â‚č194.5 crore (FY20-21). A pertinent question is about meeting climate change obligations in the face of funding cuts.

    What are the reasons behind slashing of Funds?

    • Funds lying idle: There are challenges such as funding cuts, disbursement and utilization of funds. As of June 2022, â‚č1.2 lakh crore of funds meant for central government sponsored schemes are with banks which earn interest income for the Centre.
    • Some of the unutilized funds: For instance, the Nirbhaya fund (2013) with its focus on funding projects to improve the public safety of women in public spaces and encourage their participation in economic and social activities is an interesting case; â‚č1,000 crore was allocated to the fund annually (2013-16), and remained largely unspent. As of FY2122, approximately â‚č6,214 crore was allocated to the Nirbhaya fund since its launch, but only â‚č4,138 crore was disbursed. Of this, just â‚č2,922 crore was utilised; â‚č660 crore was disbursed to the Ministry of Women and Child Development, but only â‚č181 crore was utilised as of July 2021.

    Various reasons for corruption in implementation of welfare programmes:

    1. Lack of scrutiny: Government schemes are meant to implement at local level. Lack of effective scrutiny through timely inspections, audits lead to unaccountability and gross mismanagement of funds.
    2. Lack of awareness: Due to illiteracy and unawareness of various government schemes and its provisions lead to corruption. False beneficiaries, fake documents are used to misuse funds meant for the benefit of schemes.
    3. Weak enforcement of laws: Weak enforcement of laws for punishing corrupt has led to a sense of fearlessness among corrupts. India’s anti-corruption law has failed to punish the corrupt and instil fears regarding corruption.
    4. Political inaction: Most of the time, officials involved in corruption have political backing. Many times politicians or their family members are involved in corruption. Thus, any effort to punish the culprit goes in vain due to political interference.
    5. Centralised administration: The welfare bureaucracy is deeply centralised that comes at the cost of building a local government system that is genuinely responsive to citizen needs.
    6. Judicial delays: Judiciary in India is overburdened. A case of corruption drags for years. In the meantime, the culprit is able to destroy the evidence against him and influence the judiciary.
    7. Weak local governance: Local governance is must for effective implementation of welfare programmes. Due to absence of strong Panchayats and lack of effective local scrutiny the programmes are used as an opportunity for corruption.

    What should be the way forward?

    • State should get more funding for welfare: Rather than downsizing government schemes and cutting funding, one should right size the government. After the Goods and Services Tax reform, the Centre-State relationship has been transformed, with fiscal firepower skewed towards the Centre.
    • Need of efficient civil services: Our public services require more doctors, teachers, engineers and fewer data entry clerks. We need to build capacity for an efficient civil service to meet today’s challenges, i.e., providing a corruption free welfare system, running a modern economy and providing better public goods.
    • Making public service delivery effective: Rather than having a target of fewer government schemes, we should raise our aspirations towards better public service delivery.

    Conclusion

    • Welfare schemes are absolutely necessary where large population still lives under poverty. Inflation and unemployment further exacerbate the problem. Rather than reduction or cutting the funds government should rationalize the spending on welfare schemes.

    Mains Question

    Why is there continuous decline in spending on various welfare schemes? How can government rationalize its spending on welfare schemes?

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  • What is the News Broadcasting & Digital Standards Authority (NBDSA)?

    The NBDSA has fined the news channel for turning a news debate on hijab into a “communal issue” and not adhering to guidelines.

    What is the News Broadcasting & Digital Standards Authority (NBDSA)?

    • The NBDSA is a self-regulatory agency set up by news and digital broadcasters.
    • It is an independent body set up by the News Broadcasters & Digital Association (NBDA), which serves as a representative of private television news, current affairs and digital broadcasters.
    • It describes itself as “the collective voice of the news, current affairs and digital broadcasters in India.”
    • Funded entirely by its members, the NBDA has 26 news and current affairs broadcasters (comprising 119 news and current affairs channels) as its members.
    • Various senior members of Indian media organisations serve on its Board of Directors.

    Composition of the NBDSA

    • The body includes a Chairperson who is to be an eminent jurist, and other members such as news editors, and those experienced in the field of law, education, literature, public administration, etc.
    • They are to be nominated by a majority of the Board.
    • Former Supreme Court judge and jurist AK Sikri is currently serving as the Chairperson.

    Functioning of NBDSA

    • Within this structure, it lays-down and foster high standards, ethics and practices in news broadcasting, including entertaining and deciding complaints against or in respect of broadcasters.
    • These standards mention a focus on objectivity, impartiality, maintaining discretion when reporting on crime against women and children, not endangering national security, etc.

    Powers and authorities

    • NBDSA may initiate proceedings on its own and issue notice or take action in respect to any matter which falls within its regulations.
    • This can also be through complaints referred to the Authority by the Ministry of Information & Broadcasting or any other governmental body, or by anyone else via its website.
    • A “two-tier” procedure is in place for redressing grievances, where any person aggrieved by the content of any broadcast is required to first make a complaint to the concerned broadcaster and then the Authority if dissatisfied.

    Why was the channel fined?

    • The NBDSA held that the programme was in violation of the principles relating to impartiality, neutrality, fairness and good taste and decency.
    • It said that it did not have any problem with the subject but with the narrative of the debate.

     

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  • AIIB set to lend Pakistan $500 million

    The Asian Infrastructure Investment Bank (AIIB) is scheduled to lend $500 million to Pakistan in this month.

    Asian Infrastructure Investment Bank (AIIB)

    • The Asian Infrastructure Investment Bank (AIIB) is a multilateral development bank with a mission to improve social and economic outcomes in Asia, began operations in January 2016.
    • It aims to stimulate growth and improve access to basic services by furthering interconnectivity and economic development in the region through advancements in infrastructure.
    • AIIB has now grown to 102 approved members worldwide.
    • The US & Japan are not its members.
    • It is a brainchild of China. It has invested in 13 member regions.

    Capital and shareholding of AIIB

    • It has authorized capital of US 100 billion dollars and subscribed capital of USD 50 billion.
    • It offers sovereign and non-sovereign finance for projects in various sectors with an interest rate of London Interbank Offered Rate (LIBOR) plus 1.15 % and a repayment period of 25 years with 5 years in grace period.
    • China is the largest shareholder in AIIB with a 26.06% voting power, followed by India with 7.62% and Russia with 5.92% voting power.

    Try this question from CSP 2019

    Q.With reference to Asian Infrastructure Investment Bank (AIIB), consider the following statements

    1. AIIB has more than 80 member nations.
    2. India is the largest shareholder in AIIB.
    3. AIIB does not have any members from outside Asia.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 and 3 only

    (c) 1 and 3 only

    (d) 1, 2 and 3

     

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  • Why is ASEAN holding a special meeting on Myanmar?

    asean

    Foreign ministers from member countries of the Association of Southeast Asian Nations (ASEAN) are meeting to discuss an intensifying crisis in Myanmar, 18 months after agreeing a peace plan with its military rulers.

    What is ASEAN?

    • ASEAN is a political and economic union of 10 member states in Southeast Asia.
    • It brings together ten Southeast Asian states – Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam – into one organisation.
    • It was established on 8th August 1967 in Bangkok, Thailand with the signing of the Bangkok Declaration by the founding fathers of the countries of Indonesia, Malaysia, Thailand, Singapore, and the Philippines.
    • The preceding organisation was the Association of Southeast Asia (ASA) comprising of Thailand, the Philippines, and Malaysia.
    • Five other nations joined the ASEAN in subsequent years making the current membership to ten countries.

    Why is the meeting happening?

    • ASEAN’s peace effort is the only official diplomatic process in play.
    • There has been a failure with the junta unwilling to implement a so-called “five-point consensus” that it agreed to with ASEAN in April 2021.
    • The United Nations has backed the ASEAN plan, but with suspicion the generals are paying lip service and buying time to consolidate power and crush opponents before a 2023 election.
    • For ASEAN to remain credible as a mediator, it may need to present a new strategy before the summit.

    What is the consensus?

    • The agreement includes-
    1. Immediate end of hostilities
    2. All parties engaging in constructive dialogue
    3. Allowing an ASEAN envoy to mediate and meet all stakeholders, and
    4. ASEAN to provide humanitarian assistance.
    • So far, the only success cited by ASEAN chair Cambodia has been allowing some humanitarian access, but that has been limited and conditional.

    How has the Junta (Military govt. in Myanmar) responded?

    • The military government has accused critical ASEAN members of meddling and warned them not to engage.
    • It has accused its opponents of trying to sabotage the ASEAN plan and has justified military offensives as necessary to secure the country and enable political talks.
    • Instead of advocating for the five-point ASEAN plan, the generals have instead been pushing a five-step roadmap of their own towards a new election, with few similarities.

     

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  • Is Medical Education in Hindi Practicable?

    Context

    • The unveiling of the Hindi editions of the first professional MBBS books by Union Home Minister Amit Shah in Bhopal has stirred anti-Hindi agitations, with the Opposition, especially in the South, contending that the move is nothing more than a poll gimmick.

    Why medical education should be in local language (Hindi)?

    • Example of Non-English countries: Supporters of the move are quoting examples from China, Japan, Ukraine, Russia, and Norway – countries where official languages are the sole medium of instruction in all the technical and non-technical courses.
    • Education in mother tongue is effective: If they can do so, why can’t we, they argue, especially as it is an established fact that imparting education in a student’s mother tongue is effective for learning.

    Why English is best medium of English education?

    • Teaching in local plus English language: Fifty-two medical colleges, out of the total 170 colleges on mainland China, whose graduates can attempt the USMLE (the entrance exam to practice in the US), teach in both Chinese and English. There has been a steep rise in the number of parents interested in enrolling their children – at just three years old – in ESL (English as a Second Language) courses.
    • Less resources in Hindi: It is unwise to compare the status of Hindi to Chinese or German, given India’s diversity. Moreover, Hindi, or any other vernacular language, for that matter, offers far fewer resources to support the job-seeking young populace. Learning English, therefore, comes with a promise of roti, kapda, makaan (food, clothes, shelter.)
    • Higher demand for English Medium: A few years ago, when newspapers reported on the closing down of government schools in Tamil Nadu, one of the major reasons cited was parents’ preoccupation with English-medium schools – leading them to deny free cash and food and admit their kids to low-end, mediocre English schools, instead.
    • English is a great leveller: When it comes to higher education, English is a great leveller, allowing dialogue to continue with the rest of the world. Medicine, as evidence-based as it is, is constantly evolving with the introduction of novel research. Treating cases sometimes requires consulting multiple books, research papers, and journal articles, for which a sound system of translation needs to be established before we can even begin thinking about phasing out English.
    • Issue of Translation: The people involved in the translation process spoke of two things, First, instead of “translation”, the books have been transliterated. The medical terminology remains the same; sentences have only been translated for easier reading. That too, in the most mainstream dialect of Hindi. Second, these books are to be used as “bridge books”, and not as replacements for the English ones, designed to address the initial hiccups students are bound to face.
    • No clarity on roadmap: The initial announcement also fails to account for the necessary infrastructure. There has been no clarity on whether or how these translations will be incorporated as reading materials, and how they will evolve or change with time. Whether standard books like Harrison and Robbins would also be translated is anyone’s guess. Translating these tomes only once would not suffice as newer editions every three to five years incorporate significant changes.
    • Training of teachers and conferences: Professors and other teaching staff would also need to be trained. Most of all, what about medical conferences, the staple of a medical student? Would they be organised in Hindi moving forward?
    • Our medical industry is yet to develop: While basing our argument only on language, we often forget that Chinese healthcare is self-sufficient when it comes to research and protocols, or that Germany has primary resources available in their own language. Our focus right now should be to develop primary resources. Our medical industry is at way too nascent a stage to be speaking of language.

    Conclusion

    • Offering extra evening classes as done by AIIMS, Delhi could have been a better substitute given that the strength of students who struggle with English makes up about one to two per cent of the entire batch. Besides, no strict distinction exists between Hindi and non-Hindi-speaking states as most institutions have a portion of seats that are filled up by a pan-India entrance exam. Our focus should be on quality of education instead of medium of instruction.

    Mains Question

    Q. Medical education in English is more viable than local language. Explain. Why Government of India Supports the Medical education in Hindi?

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  • Online Child Sexual Abuse Material

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    Context

    • Last month, the Central Bureau of Investigation (CBI) conducted searches across States and Union Territories as part of a pan-India operation, “Megh Chakra”. The operation, against the online circulation and sharing of Child Sexual Abusive Material (CSAM) using cloud-based storage, was supposedly based on inputs received from Interpol’s Singapore special unit, in turn based on the information received from New Zealand.

    Current system of detecting CSAM

    • Help of foreign agencies: As the public reporting of circulation of online CSAM is very low and there is no system of automatic electronic monitoring, India’s enforcement agencies are largely dependent on foreign agencies for the requisite information.
    • Operation carbon: In November 2021, a similar exercise code-named “Operation Carbon” was launched by the CBI, with many being booked under the IT Act, 2000.

    American Model of fighting CSAM

    • Cyber tipline programme under NCMEC: The National Centre for Missing & Exploited Children (NCMEC), a non-profit organization in the United States, operates a programme called Cyber Tipline, for public and electronic service providers (ESPs) to report instances of suspected child sexual exploitation. In 2021, the Cyber Tipline received more than 29.3 million reports (99% from ESPs) of U.S. hosted and suspected CSAM.
    • Mandatory reporting for Internet service providers (ISPs): ISPs are mandated to report the identity and the location of individuals suspected of violating the law. Also, NCMEC may notify ISPs to block transmission of online CSAM.

    UK Model of fighting CSAM

    • Internet Watch Foundation (IWF) to ensure safe online environment: In the United Kingdom, the mission of the Internet Watch Foundation (IWF), a non-profit organisation established by the United Kingdom’s Internet industry to ensure a safe online environment for users with a particular focus on CSAM, includes disrupting the availability of CSAM and deleting such content hosted in the U.K.
    • ISPs may be held responsible: The IWF engages the analysts to actively search for criminal content and not just rely on reports from external sources. Though the U.K. does not explicitly mandate the reporting of suspected CSAM, ISPs may be held responsible for third party content if they host or caches such content on their servers. In 2021, the IWF assessed 3,61,062 reports, (about 70% reports had CSAM) and seven in 10 reports contained “self-generated” CSAM.

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    Efforts of Global community

    • Global network for secure IT infrastructure: A global network of 50 hotlines (46 member countries), provides the public with a way to anonymously report CSAM. It provides secure IT infrastructure, ICCAM (I- “See” (c)-Child-Abuse-Material) hosted by Interpol and facilitates the exchange of CSAM reports between hotlines and law enforcement agencies. ICCAM is a tool to facilitate image/video hashing/finger printing and reduce the number of duplicate investigations.
    • Removal of illegal URLs: In 2021, the number of exchanged content URLs stood at 9,28,278, of which 4,43,705 contained illegal content. About 72% of all illegal content URLs were removed from the Internet within three days of a notice and takedown order.

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    India’s Efforts so far

    • Internet service providers are exempted from the liability: In India, the Supreme Court of India, in Shreya Singhal (2015), read down Section 79(3)(b) of the IT Act to mean that the ISP, only upon receiving actual knowledge of the court order or on being notified by the appropriate government, shall remove or disable access to illegal contents. Thus, ISPs are exempted from the liability of any third-party information.
    • In the Kamlesh Vaswani (WP(C) 177/2013) case: The petitioner sought a complete ban on pornography. After the Court’s intervention, the advisory committee (constituted under Section 88 of the IT Act) issued orders in March 2015 to ISPs to disable nine (domain) URLs which hosted contents in violation of the morality and decency clause of Article 19(2) of the Constitution. The petition is still pending in the Supreme Court.
    • Aarambh India portal: a Mumbai-based non-governmental organization, partnered with the IWF, and launched India’s first online reporting portal in September 2016 to report images and videos of child abuse. These reports are assessed by the expert team of IWF analysts and offending URLs are added to its blocking list. Till 2018, out of 1,182 reports received at the portal, only 122 were found to contain CSAM.
    • National cybercrime reporting portal: The Ministry of Home Affairs (MHA) launched a national cybercrime reporting portal in September 2018 for filing online complaints pertaining to child pornography and rape-gang rape. This facility was developed in compliance with Supreme Court directions with regard to a public interest litigation filed by Prajwala, a Hyderabad-based NGO that rescues and rehabilitates sex trafficking survivors. As not many cases of child porn and rape were reported, the portal was later extended to all types of cybercrime.
    • National Crime Records Bureau (MHA): The National Crime Records Bureau (MHA) signed a memorandum of understanding with the NCMEC in April 2019 to receive Cyber Tipline reports to facilitate action against those who upload or share CSAM in India. The NCRB has received more than two million Cyber Tipline reports which have been forwarded to the States for legal action.
    • The ad hoc Committee of the Rajya Sabha: In its report of January 2020, made wide-ranging recommendations on ‘the alarming issue of pornography on social media and its effect on children and society as whole’.
    • Widening of the definition of ‘child pornography’: On the legislative front, the committee not only recommended the widening of the definition of ‘child pornography’ but also proactive monitoring, mandatory reporting and taking down or blocking CSAM by ISPs.
    • Breaking of end-to-end encryption: On the technical front, the committee recommended permitting the breaking of end-to-end encryption, building partnership with industry to develop tools using artificial intelligence for dark-web investigations, tracing identity of users engaged in crypto currency transactions to purchase child pornography online and liasoning with financial service companies to prevent online payments for purchasing child pornography.

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    What needs to be done?

    • Mandatory reporting of CSAM by ISP, s: According to the ninth edition (2018) report of the International Centre for Missing and Exploited Children on “Child Sexual Abusive Material: Model Legislation & Global Review”, more than 30 countries now require mandatory reporting of CSAM by ISPs. Surprisingly, India also figures in this list, though, the law does not provide for such mandatory reporting.
    • Establish liability of legal persons: The Optional Protocol to the United Nations Convention on the Rights of the Child that addresses child sexual exploitation encourages state parties to establish liability of legal persons.
    • Convention on The Protection of Children against Sexual Exploitation and Sexual Abuse: The Council of Europe’s Convention on Cybercrime and Convention on The Protection of Children against Sexual Exploitation and Sexual Abuse also requires member states to address the issue of corporate liability.
    • India should join INHOPE: It is time India joins INHOPE and establishes its hotline to utilize Interpol’s secure IT infrastructure or collaborate with ISPs and financial companies by establishing an independent facility such as the IWF or NCMEC.

    Conclusion

    • India needs to explore all options and adopt an appropriate strategy to fight the production and the spread of online CSAM. Children need to be saved.

    Mains Question

    Q. How children are Vulnerable against child sexual abuse material (CSAM)? What legal remedies available in India against CSAM?

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