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GS Paper: GS2

  • The Mediation Bill,2021: Needs And Concerns

    MediationContext

    • The Mediation Bill, 2021 was introduced in the Rajya Sabha on December20, 2021,with the Parliamentary Standing Committee being tasked with a review of the Bill. The committee’s report to the Rajya Sabha was submitted on July 13, 2022. In its report, the Committee recommends substantial changes to the Mediation Bill, aimed at institutionalising mediation and establishing the Mediation Council of India.

    What is mean by mediation?

    • Mediation: Mediation is a process wherein the parties meet with a mutually selected impartial and neutral person who assists them in the negotiation of their differences.
    • Brings Parties Together: Parties can save and sometimes rebuild their relationship like during a family dispute or commercial dispute.
    • Very Convenient: The parties can control the time, location, and duration of the proceedings to large extent. Scheduling isn’t subject to the convenience of courts

    MediationWhy does India need mediation?

    • No separate law: While there is no standalone legislation for mediation in India, there are several statutes containing mediation provisions,such as the Code of Civil Procedure, 1908,the Arbitration and Conciliation Act, 1996,the Companies Act, 2013, the Commercial Courts Act, 2015, and the Consumer Protection Act, 2019.
    • Supreme Court mandate: The Mediation and Conciliation Project Committee of the Supreme Court of India describes mediation as a tried and tested alternative for conflict resolution.
    • Being an international signatory: As India is a signatory to the Singapore Convention on Mediation (formally the United Nations Convention on International Settlement Agreements Resulting from Mediation), it is appropriate to enact a law governing domestic and international mediation.

    What are the Key features of the Mediation bill?

    • Promote mediation: The Bill aims to promote, encourage, and facilitate mediation, especially institutional mediation, to resolve disputes, commercial and otherwise.
    • Mandatory Mediation: The Bill further proposes mandatory mediation before litigation. At the same time, it safeguards the rights of litigants to approach competent adjudicatory forums/courts for urgent relief.
    • Confidentiality: The mediation process will be confidential and immunity is provided against its disclosure in certain cases.
    • Legally binding: The outcome of the mediation process in the form of a Mediation Settlement Agreement (MSA) will be legally enforceable and can be registered with the State district or taluk legal authorities within 90days to ensure authenticated records of the settlement.
    • Mediation Council of India: The Bill establishes the Mediation Council of India and also provides for community mediation.
    • Services of Mediator: If the parties agree, they may appoint any person as a mediator. If not, they may apply to a mediation service provider to appoint a person from its panel of mediators.
    • Disputes where no mediation required: The Bill lists disputes that are not fit for mediation (such as those involving criminal prosecution, or affecting the rights of third parties). The central government may amend this list.
    • Time bound process: The mediation process must be completed within 180 days, which may be extended by another 180 days by the parties.

    MediationWhat are the Concerns over the bill?

    • Mandatory provision: According to the Bill, pre-litigation mediation is mandatory for both parties before filing any suit or proceeding in a court,whether or not there is a mediation agreement between them.
    • Monetary punishment: Parties who fail to attend pre-litigation mediation without a reasonable reason may incur a cost. However,as per Article 21 of the Constitution,access to justice is constitutional right which cannot be fettered or restricted. Mediation should just be voluntary and making it otherwise would amount to denial of justice.
    • Clause 26: According to Clause26 of the Bill, court annexed mediation, including pre-litigation mediation, will be conducted in accordance with the directions or rules framed by the Supreme Court or High Courts. However, the Committee objected to this. It stated that Clause26 went against the spirit of the Constitution.In countries that follow the Common Law system, it is a healthy tradition that inthe absence of statutes, apex court judgments and decisions carry the same weight. The moment a law is passed however, it becomes the guiding force rather than the instructions or judgments given by the courts. Therefore, Clause 26 is unconstitutional.
    • Lack of international enforceability: Bill considers international mediation to be domestic when it is conducted in India with the settlement being recognised as a judgment or decree ofa court. The Singapore Convention does not apply to settlements that already have the status of judgments or decrees. As a result, conducting cross border mediation in India will exclude the tremendous benefits of worldwide enforceability.

    MediationConclusion

    • In order to enable a faster resolution of disputes,the Bill should be implemented after discussion with stakeholders and resolve the issues in an amicable manner. It’s a good opportunity for India to become an international mediation hub for easy business transactions.

    Mains Question

    Q.Address the key concerns in the mediation bill 2021 and how India can become the centre of international dispute resolutions.Discuss.

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  • Ayushman Bharat scheme

    ayushman bharat

    India has completed four years of Ayushman Bharat Pradhan Mantri-Jan Arogya Yojana (AB-PMJAY), the world’s largest public health insurance programme.

    What is Ayushman Bharat?

    • Ayushman Bharat is National Health Protection Scheme, which will cover over 10 crore poor and vulnerable families (approximately 50 crore beneficiaries) providing coverage upto 5 lakh rupees per family per year for secondary and tertiary care hospitalization.
    • It was launched in September 2018 by the Ministry of Health and Family Welfare.
    • It is a centrally sponsored scheme and is jointly funded by both the union government and the states.
    • It has subsumed the on-going centrally sponsored schemes – Rashtriya Swasthya Bima Yojana (RSBY) and the Senior Citizen Health Insurance Scheme (SCHIS).

    Features of the scheme

    • It will have a defined benefit cover of Rs. 5 lakh per family per year.
    • Benefits of the scheme are portable across the country and a beneficiary covered under the scheme will be allowed to take cashless benefits from any public/private empanelled hospitals across the country.
    • It will be an entitlement based scheme with entitlement decided on the basis of deprivation criteria in the SECC database.
    • The beneficiaries can avail benefits in both public and empanelled private facilities.
    • To control costs, the payments for treatment will be done on package rate (to be defined by the Government in advance) basis.

    India’s health expenditure post Ayushman Bharat

    Ans. India’s public healthcare spending is still among the lowest in the world.

    • Total health expenditure declined to 3.2% of GDP in 2018-19 from 3.3% in 2017-18, while the government’s health expenditure (centre and state) as a percentage of GDP fell from 1.35% to 1.28% in the same period.
    • National health estimates showed the Centre’s share decreasing to 34.3% in 2018-19 from 40.8% in the previous year, while that of states rose from 59.2% to 65.7%.
    • Out-of-pocket spending as a percentage of total health expenditure declined to 48.2% in 2018-19, though it is significantly higher than the world average of 18.1% in 2019

    What about health insurance penetration?

    Ans. Retail health insurance covers a meagre 3.2% of the country’s population.

    • With a population of 1.36 billion, India is the world’s second most populous country, and is expected to surpass China soon.
    • Launched in 2018 to provide universal health coverage, AB-PMJAY, takes care of the bottom 50% of the population of approximately 700 million individuals.
    • The top 20% of the population is covered through social and private health insurance.
    • Therefore, about 30% of the population, or about 400 million, is “the missing middle”— they don’t have any financial protection for health emergencies.

    Why is sound healthcare important for the economy?

    • Covid-19 exposed the economic consequences of poor healthcare. Higher out-of-pocket healthcare spending hits savings and consumption.
    • In the work space, poor health impacts physical and mental abilities, increase turnover and lead to lower productivity.
    • Data shows that 7% of India’s population is pushed into poverty every year due to healthcare costs.

    Way forward

    • Healthcare management and disease prevention should be the focus, along with an all-encompassing healthcare system, including OPD.
    • The government also needs to pay attention on healthcare cover for “the missing middle” population.
    • As a pilot, states may allow the authority already implementing the AB-PMJAY scheme in the state to cover the missing middle.

     

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  • Live-streaming of Court: Definitely A Great Move

    CourtContext

    • On September 27, the Supreme Court enabled the live streaming of the hearing of cases.
    • A full court of all Supreme Court judges under the leadership of Chief Justice U U Lalit took the unanimous decision to live-stream constitutional bench proceedings. Justice Chandrachud, the Chairperson of the Supreme Court’s E-committee and the driving force behind the live streaming initiative, began the hearing in his courtroom by announcing,”We are virtual”.

    Background

    • The Court’s original decision by the bench of the then Chief Justice Dipak Misra, Justice A M Khanwilkar and Justice D Y Chandrachud on September 27, 2018, allowing the live telecast of important proceedings paved the way for this outcome. They had held that the live-streaming of court proceedings is in the public interest.
    • Their vision had the full support of Chief Justices M V Ramana and U U Lalit.

    What is live-streaming technology?

    • At its core, streaming content is meant to help people attend events, expos, and experiences they cannot attend in person.
    • Live streaming technology is how videos are streamed over the internet, live, in real-time, as they are being recorded.
    • Live streaming technology is the internet’s response to live television broadcasts, with the most popular being news shows and sports.

    What is Live-streaming of the court?

    • Live streaming of court is that its proceedings that the people can watch on their mobiles and computers.All courtrooms function under camera glare.

    CourtWhy Live-streaming of court is so important?

    • Instilling Faith in the Judiciary: Enabling the ordinary people of the country to view, without any barrier, the workings of the highest court of the land will go a long way in instilling faith in the judiciary.
    • Empowering the masses: It will enable the legal system to deliver on its promise of empowering the masses.Important step toward developing an informed citizenry.
    • Respect to Rule of Law: The decision will enable people to understand the importance of the rule of law.It will help people appreciate that the judiciary is firm in protecting the rights of the impoverished, historically marginalised and disempowered sections of society. Potential to build a culture of respect for the rule of law.
    • Living up the expectation of Constitution: Live-Streaming of Court proceedings is manifested in public interest. Public interest has always been preserved through the Constitution article 19 and 21.
    • More transparency: It will encourage the principle of open court and reduce dependence on second-hand views. It will effectuate the public’s right to know. This would inspire confidence in the functioning of the judiciary as an institution and help maintain the respect that it deserved as a co-equal organ of the state.
    • Raise the quality and standards of the legal profession: Lawyers will be better prepared to appear before the court and they will be mindful of not making irresponsible remarks. An inclusive approach to public scrutiny could nudge and enable lawyers to take the justice delivery mechanisms more seriously than they may have in the past.
    • Level playing field: It also creates a level playing ground for the younger members of the legal profession as their preparedness and intellectual prowess will be apparent to all.
    • Academic help: Watching courtroom proceedings,actual arguments by lawyers and searching questions by judges  could inspire law students to take up this relatively neglected field.Law faculty members and legal researchers will be motivated to work on new areas of scholarship and research relating to the functioning of the judiciary and legal profession.
    • Easy accessibility reducing the obstacle of distance: With live-streaming, the litigants will no longer have to come to Delhi to witness proceedings of their case which would be just a click away.
    • Strengthening Democracy: Transparency and accessibility of the process of justice delivery will strengthen the country’s democracy

    CourtWhat are the Concerns around live-streaming of court?

    • Contempt of court: Video clips of proceedings from Indian courts are already on YouTube and other social media platforms with sensational titles and little context, such as “HIGH COURT super angry on army officer”.
    • Disinformation and sensationalism: There are fears that irresponsible or motivated use of content could spread disinformation among the public.
    • Unnecessary activism: With the advent of social media, every citizen became a potential journalist. Study shows that justices behave like politicians when given free television time, they act to maximize their individual exposure
    • Internet connectivity: Internet connectivity issues and the need for a well-equipped space where lawyers can conduct their cases are some of the major problems requiring attention.
    • Awareness and training: Judges, court staff and lawyers are not well-versed with digital technology and its benefits. The need of the hour is for them to be made aware of these and receive adequate training.

    CourtWhich countries live-stream their court hearing?

    • Internationally,constitutional court proceedings are recorded in some form or the other.
    • United States: The Supreme Court of the United States streams its hearings in audio format at the end of each week.The US top court publishes hearings on its website and Oyez of all cases. Oyez is a multimedia judicial archive of the Supreme Court of the United States’ proceedings.
    • Brazil: The Supreme Federal Court of Brazil live streams hearings of all cases in video format on television.
    • UK: The UK Supreme Court live streams hearings of all cases in video format on its website.
    • Canada: The Canadian Supreme Court also live streams hearings of all its cases in video format on its website.
    • Australia: The Australian Supreme Court streams hearings of its full-court cases on its website with a delay of about a day. Meanwhile, the High Court of Australia (HCA) does not live-stream its proceedings.
    • China: In China,court proceedings are live-streamed from trial courts up to the Supreme People’s Court of China.

    Conclusion

    • The chief justices (past and present) and the judges of the Supreme Court deserve to be congratulated for enabling a path-breaking and democratic decision that allows the people of India to be able to watch the live proceedings of the Constitutional Bench.The distinguished jurist, Oliver Holmes,famously observed,“The great thing in the world is not so much where we stand, as in what direction we are moving.” The judges of the Supreme Court of India have ensured that we are indeed moving in the right direction.

    Mains Question

    Q.Adoption of technology will radically change the field of law and transform the judiciary. What will be the role of courts, judges, politicians,media and citizens of the country regarding live streaming of court proceedings. Discuss

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  • Jal Jeevan Mission

    Around 62% of rural households in India had fully functional tap water connections under the Jal Jeevan Mission.

    Jal Jeevan Mission

    • Jal Jeevan Mission, a central government initiative under the Ministry of Jal Shakti, aims to ensure access to piped water for every household in India.
    • The mission’s goal is to provide all households in rural India with safe and adequate water through individual household tap connections by 2024.
    • The Har Ghar Nal Se Jal program was announced by FM in the Budget 2019-20 speech.
    • This programme forms a crucial part of the Jal Jeevan Mission.
    • It is a central sector scheme with the Centre funding 50% of the cost with States and UTs, except for UT without a legislature, and 90% for NE and Himalayan states.

    Note: A fully functional tap water connection is defined as a household getting at least 55 litres of per capita per day of potable water all through the year.

    Components of the mission

    The following key components are supported under JJM-

    • Development of in-village piped water supply infrastructure to provide tap water connection to every rural household
    • Bulk water transfer, treatment plants and distribution network to cater to every rural household
    • Technological interventions for removal of contaminants where water quality is an issue
    • Retrofitting of completed and ongoing schemes
    • Greywater management

    Progress of the scheme

    • Tamil Nadu, Himachal Pradesh, Goa, and Puducherry reported more than 80% of households with fully functional connections.
    • However, less than half the households in Rajasthan, Kerala, Manipur, Tripura, Maharashtra, Madhya Pradesh, Mizoram and Sikkim had such connection.
    • Close to three-fourths of households received water all seven days a week and 8% just once a week.
    • On average, households got water for three hours every day, and 80% reported that their daily requirements of water were being met by the tap connections.

     

     

  • ‘Professors of Practice’ for all colleges, universities

    University Grants Commission (UGC) has issued new guidelines under which higher education institutes can create a new teaching position called Professor of Practice to hire experts from various sectors, in line with provisions that already exist in the Indian Institutes of Technology (IITs).

    Professors of Practice

    • If one is a distinguished professional in any field but do not have a formal academic qualification such as a PhD, he/she can still be eligible for appointment as faculty in any college or university in India.
    • To be eligible for appointment, an individual will have to be a “distinguished expert” who has made remarkable contributions in their professions.
    • The post is open to the institutions themselves to decide the sector from which they want to rope in professionals.

    Streams opened for this post

    • A professor of practice can be anyone with a background in a diverse range of areas from technology, science, social sciences, media, literature, armed forces, law, fine arts, etc.
    • However, the position is not open for those in the teaching profession — either serving or retired.

    Minimum qualifications

    • No formal academic qualification is necessary in order to be considered for this position if a person has been an “exemplary” professional in their field of work.
    • Currently, under the UGC’s minimum qualifications needs a PhD to be recruited as a professor or associate professor, and also needs to have cleared the National Eligibility Test (NET).

    Will the professor of practice be a full-time position?

    • It can be either a full-time or a part-time engagement for at least four years.
    • Initially, the hiring will be for one year.
    • Based on performance, extensions may be given.

    How will these appointments be made?

    • Universities and colleges will carry out appointments on a nomination basis.
    • In other words, vice-chancellors or directors have been authorized to invite nominations for filling up posts, which cannot exceed 10 percent of the sanctioned faculty strength of an institute.
    • After nominations are invited, those interested can send their applications with detailed biodata and a brief write-up about the ways they can potentially contribute.
    • The applications will be considered by a selection committee comprising two senior professors from the respective institute, and one “eminent external member”.
    • Based on the recommendations of the committee, the academic council and the executive council of the institutes will take the final call on appointment.

    What about remuneration?

    • The remuneration will be decided at the level of the institutes and the experts being hired.
    • In some cases, universities can even approach industries for financial support.

    Why such move?

    • India’s higher education institutes are understaffed, with thousands of vacancies across central and state universities.
    • So the UGC is hoping that recruiting industry experts and professionals will help “augment faculty resources” in universities and colleges.
    • The move is aimed at addressing concerns about the quality of graduates being produced by Indian colleges and universities.
    • Around the world, the idea of a professor of practice aims essentially to facilitate and promote the integration of academic scholarship with practical expertise and experience.

     

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  • All women have Right to Legal and Safe Abortion: Supreme Court

    The Supreme Court has held that all women, irrespective of their marital status, are entitled to safe and legal abortion till 24 weeks of pregnancy under the Medical Termination of Pregnancy (MTP) Act.

    A case for safe abortion

    • A Bench led by Justice D.Y. Chandrachud was hearing the appeal of a woman who wanted to abort her 24-week pregnancy after her relationship failed and her partner left her.
    • The lower court had taken an “unduly restrictive view” that her plea for a safe abortion was not covered under the Medical Termination of Pregnancy Act.
    • This was since the pregnancy arose from a consensual relationship outside wedlock.

    What was the last amendment?

    • The court noted that an amendment to the Act in 2021 had substituted the term ‘husband’ with ‘partner’, a clear signal that the law covered unmarried women within its ambit.

    Reiterating the live-in recognition

    • Chastising the lower court, the Bench said live-in relationships had already been recognised by the Supreme Court.
    • There were a significant number of people in social mainstream who see no wrong in engaging in pre-marital sex.
    • The law could not be used to quench “notions of social morality” and unduly interfere in their personal autonomy and bodily integrity.

    About Medical Termination of Pregnancy (MTP) Act

    • Abortion in India has been a legal right under various circumstances for the last 50 years since the introduction of the Medical Termination of Pregnancy (MTP) Act in 1971.
    • The Act was amended in 2003 to enable women’s access to safe and legal abortion services.
    • Abortion is covered 100% by the government’s public national health insurance funds, Ayushman Bharat and Employees’ State Insurance with the package rate for surgical abortion.

    The idea of terminating your pregnancy cannot originate by choice and is purely circumstantial. There are four situations under which a legal abortion is performed:

    1. If continuation of the pregnancy poses any risks to the life of the mother or mental health
    2. If the foetus has any severe abnormalities
    3. If pregnancy occurred as a result of failure of contraception (but this is only applicable to married women)
    4. If pregnancy is a result of sexual assault or rape

    The pregnancy can be terminated upto 24 weeks of gestational age after the opinion of two registered medical practitioners under these conditions —

    • If the woman is ​​either a survivor of sexual assault or rape or incest
    • If she is a minor
    • If her marital status has changed during the ongoing pregnancy (i.e. either widowhood or divorce)
    • If she has major physical disabilities or is mentally ill
    • On the grounds of foetal malformation incompatible with life or if the child is born, it would be seriously handicapped
    • If the woman is in humanitarian settings or disaster, or emergency situations as declared by the government

    These are the key changes that the Medical Termination of Pregnancy (Amendment) Act, 2021, has brought in:

    1. The gestation limit for abortions has been raised from the earlier ceiling of 20 weeks to 24 weeks, but only for special categories of pregnant women such as rape or incest survivors. But this termination would need the approval of two registered doctors.
    2. All pregnancies up to 20 weeks require one doctor’s approval. The earlier law, the MTP Act 1971, required one doctor’s approval for pregnancies upto 12 weeks and two doctors’ for pregnancies between 12 and 20 weeks.
    3. Women can now terminate unwanted pregnancies caused by contraceptive failure, regardless of their marital status. Earlier the law specified that only a “married woman and her husband” could do this.
    4. There is also no upper gestation limit for abortion in case of foetal disability if so decided by a medical board of specialist doctors, which state governments and union territories’ administrations would set up.

    Criticism of Abortion

    • Foetuses feel the pain: If the foetus is beyond 20 weeks of gestation, gynaecs assume that there will be pain caused to the foetus.
    • Abortions cause psychological damage: Young adult women who undergo abortion may be at increased risk for subsequent depression.
    • Abortions reduce the number of adoptable babies: Instead of having the option to abort, women should give their unwanted babies to people who cannot conceive. Single parenthood is also gaining popularity in the US.
    • Cases of selective abortion: Such cases based on physical and genetic abnormalities (eugenic termination) is overt discrimination.
    • Abortion as a form of contraception: It is immoral to kill an unborn child for convenience. Many women are using abortion as a contraceptive method.
    • Morality put to question: If women become pregnant, they should accept the responsibility that comes with producing a child. People need to take responsibility for their actions and accept the consequences.
    • Abortion promotes throwaway culture: The legalization of abortion sends a message that human life has little value and promotes the throwaway culture.

    Arguments in favour for Abortion Rights

    • Upholding individual conscience and decision-making:  The US Supreme Court has declared abortion to be a fundamental right guaranteed by the US Constitution.
    • Reproductive choice empowers women: The choice over when and whether to have children is central to a woman’s independence and ability to determine her future.
    • Foetal viability occurs post-birth:  Personhood begins after a foetus becomes “viable” (able to survive outside the womb) or after birth, not at conception. Abortion is the termination of a pregnancy, not a baby.
    • No proof of foetal pain: Most neuroscientists believe that the cortex is necessary for pain perception. The cortex does not become functional until at least the 26th week of a foetus’ development.
    • Preventing illegal abortions: Access to legal, professionally-performed abortions reduces maternal injury and death caused by unsafe, illegal abortions.
    • Mother’s health: Modern abortion procedures are safe and do not cause lasting health issues such as cancer and infertility.
    • Child’s health: Abortion gives pregnant women the option to choose not to bring fetuses with profound abnormalities to full term.
    • Prevents women’s exclusion: Women who are denied abortions are more likely to become unemployed, to be on public welfare, to be below the poverty line, and to become victims of domestic violence.
    • Reproductive choice protects women from financial disadvantage: Many women who choose abortion don’t have the financial resources to support a child.
    • Justified means of population control: Many defends abortion as a way to curb overpopulation. Malnutrition, starvation, poverty, lack of medical and educational services, pollution, underdevelopment, and conflict over resources are all consequences of overpopulation.

    Conclusion

    • Hence it is now established that the right to abortion is a legal right of all women.

     

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  • Centre extends Free Ration Scheme PMGKAY for 3 months

    The Union government has extended the Pradhan Mantri Garib Kalyan Anna Yojana (PMGKAY) for another three months from October 1.

    What is PMGKAY?

    • PMGKAY is a food security welfare scheme announced by the GoI in March 2020, during the COVID-19 pandemic in India.
    • The program is operated by the Department of Food and Public Distribution under the Ministry of Consumer Affairs, Food and Public Distribution.
    • The scale of this welfare scheme makes it the largest food security program in the world.

    Targets of the scheme

    • To feed the poorest citizens of India by providing grain through the Public Distribution System to all the priority households (ration card holders and those identified by the Antyodaya Anna Yojana scheme).
    • PMGKAY provides 5 kg of rice or wheat (according to regional dietary preferences) per person/month and 1 kg of dal to each family holding a ration card.

    At what rate are food grains provided under the NFSA?

    • NFSA beneficiaries are entitled to receive foodgrains at highly subsidised rates.
    • Under the food law, rice is provided at Rs 3 per kg, wheat at Rs 2 per kg, and coarse grains at Re 1 per kg.

    Why was such a scheme needed?

    • The devastation by pandemic has increased manifold in the second wave resulting into localized restrictions and lockdowns from the States.
    • This resulted in massive jobs losses in urban areas since the largest employers being construction and hospitality sectors have been completely shut down.
    • The virus penetrated deeper in the countryside in rural areas halting almost every sources of livelihood.
    • These areas are such where 60% of the income was earned from non-pharm activities. This resulted in livelihood losses of large section of population.

    Success of the scheme

    • It was the first step by the government when pandemic affected India.
    • The scheme reached its targeted population feeding almost 80Cr people.
    • It has proven to be more of a safety net to migrant people who had job and livelihood losses.
    • This has also ensured nutrition security to children of the migrant workers.

    Failures

    • The scheme has been affected by widespread corruption, leakages and failure to distribute grain to the intended recipients.
    • Several of the states above have claimed that the ineffective distribution has been caused by the beneficiaries, especially migrant workers, not being available to receive their rations.
    • Out of the 79.25 crore beneficiaries under the National Food Security Act (NFSA), only 55 crore have so far received their 5 kg.
    • However, almost 90% of beneficiaries have received their regular subsidized grain for the month, raising questions over why the free grain has reached fewer beneficiaries.
    • Many people were denied their share due to inability to access ration cards.
    • Livelihood losses led to decline in aggregate demand and resulted into lowest ever consumption expenditure by the people owing to scarcity of cash.
    • This in turn led to selling of the free grains obtained in the local markets for cash.

    Way forward

    • There should be an all-encompassing database for migrant workers and their family. This should accurately capture the data on migration.
    • The One Nation One Ration Card should be implemented in true spirit by all the states.
    • Along with food security, there should be a sustainable income support through schemes like MGNREGS accompanied by free vaccines in nearest future.
    • The leakages in PDS should be minimized through modernize PDS.
    • To avoid leakages, there should be food-token system.

     

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  • India and UNSC

    UNSCContext

    • There is greater support for India to be a permanent member of the UN Security Council and also a broad global consensus over the need to reform the Council, said External Affairs Minister S Jaishankar. India has once again renewed its bid for permanent membership of UNSC.

    What is UNSC?

    • The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN) and is charged with ensuring international peace and security, recommending the admission of new UN members to the General Assembly, and approving any changes to the UN Charter.
    • Its powers include establishing peacekeeping operations, enacting international sanctions, and authorizing military action. The UNSC is the only UN body with the authority to issue binding resolutions on member states.

    UNSCWhat is the composition of UNSC?

    • Presently there five permanent members (P-5) with veto and 10 non-permanent members without veto elected for tenure of 2 years.
    • India has been the non-permanent member multiple times. Presently India is serving its tenure that will end in December 2022.

    UNSCWho are P-5 members?

    • The victors of World War 2 – USA, RUSSIA, CHINA, UK, FRANCE.

    What are the hurdles that India facing?

    • Elite club: Most exclusive club in international relations. All other clubs have been breached. Until a quarter century ago, the nuclear weapon club had five members, the same five as the P-5.India, Pakistan, North Korea and Israel have since joined the club. But UNSC is unbreachable till date.
    • All are reluctant: The inescapable fact is that none of the P-5 wants the UNSC’s ranks to be increased. One or the other of them might make some noise about supporting one or more of the aspirants. Each is confident that someone among them will torpedo the enlargement of the club. Declarations of support for India’s candidature need to be taken with a fistful of salt.
    • Veto issue: Former UN Secretary-General Kofi Annan bluntly told India not to expect to get the veto power. Though India has said it will not accept a seat without veto power.
    • China-Pakistan axis: China, which has historically blocked India’s aspirations to become a permanent member of the UNSC. Beijing has an “all-weather ally” in Islamabad, another neighbour who also strongly opposes India’s candidature to the UNSC.
    • Odd man out: Four out of the five permanent members of the United Nations Security Council have bilaterally expressed official affirmations of support for India’s candidature to a permanent seat in an expanded UN Security Council.
    • Coffee club opposition: Members like Italy, South Korea, Canada, Spain, Mexico, Turkey, Argentina, Pakistan, and others, who have together formed the Uniting for Consensus (UfC) movement. Also known as the Coffee Club, the movement argues that bids for permanent seats by India, Japan, Germany, and Brazil (G4 countries) must not be considered without first reaching an international consensus regarding the form and size of the new Security council.

    UNSCWhat are the Efforts taken by India?

    • Text based negotiation: External affairs minister is canvassing for the country’s candidature, meeting his counterparts from several countries. He has repeated the call, made often in the past, for a text-based negotiation on what has been euphemistically referred to as the reform of the United Nations Security Council (UNSC), i.e., negotiation on a written document outlining the proposed reform instead of just holding forth verbally.
    • Woking together with G-4: INDIA, JAPAN, GEMANY, BRAZIL works together to get permanent UNSC seat however these efforts are opposed by coffee club.
    • Multilateral engagements: By expanding its footprint in multilateral organisations, India is gearing up to become a global rule-maker.
    • Distinguished group of experts suggested a few years ago that a new category of semi-permanent members should be created. Countries would be elected for a period of eight to 10 years and would be eligible for re-election. India ought to give serious consideration to this idea.
    • With or without veto: According to former foreign secretary Chinmaya gharekhan, if by some miracle we are offered or manage to obtain permanent membership without veto, we must grab it. Even a permanent membership without veto will be tremendously helpful in protecting our interests.

    Conclusion

    • Looking at the present geopolitical divide India’s dream of seat at the highest table is unlikely to get fulfilled in near future. India must analyse the utility of UNSC membership for securing its national interest. India should not give up anything in bargain against UNSC seat which harms its international interest.

    Mains question

    Q. India’s quest for UNSC is like “Sisyphus carrying the boulder  just to see how it falls”. In this context Analyse the utility of Permanent seat at UNSC.

     

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  • Why India has lashed out at the US over its F-16 package to Pakistan?

    f-16

    EAM S Jaishankar has lashed out at the US for its decision to provide Pakistan with a $450 million package for F-16 case fighter aircraft upgrade.

    F-16 and Pakistan

    • The F-16 is a single-engine multirole fighter aircraft originally developed by General Dynamics for the United States Air Force (USAF).
    • Designed as an air superiority day fighter, it evolved into a successful all-weather multirole aircraft.
    • The F-16 were inducted into Pakistan Air Force in 1983 during the Soviet-Afghan War.

    Suspicion over US move

    • This is the first American military assistance package to Pakistan after the Trump Administration.
    • Mr Trump ended defence and security co-operation with Pakistan in 2018 after accusing it of giving only “lies and deceit” for the billions of dollars that the US had “foolishly” given it.

    What specific reasons has the Biden Administration given for its decision?

    • As per US version, the proposed sale does not include any new capabilities, weapons, or munitions.
    • The upgrade package aimed to retain interoperability with US and partner forces in ongoing counter-terrorism efforts and in preparation for future contingency operations.

    Why did US provide F-16 to the US?

    • India has been concerned about the F-16s from the time the US first gave Pakistan F-16s as a reward for its assistance in the first Afghan war.
    • The US then had supplied weapons and money to Pakistan to unleash armies of jihadists against the Soviet Army.
    • When the US objective was achieved with the Soviet Union’s departure from Afghanistan, the US too resized its relations with Pakistan.
    • The Pressler Amendment, aimed against Pakistan’s nuclear ambitions, froze it out of military assistance.
    • A decade later, the Bush Administration not only approved the release of previously blocked F-16s, but also provided a refurbishment package, and sale of new F-16s.

    India’s concerns

    • As pointed out by EAM, how the F-16s help in counter-terrorism remains unclear.
    • Jaishankar questioned the merits of the US-Pakistan partnership.
    • He said that the relations had “not served” either country (but created more troubles for India).
    • This move by the US will alter the basic military balance in the region.
    • The decision to provide military aid to Pakistan incensed India as the F-16 was used against Indian warplanes following the 2019 Balakot air strikes.

    Conclusion

    • Washington’s $450 million package has only resurrected old prejudices centred on the US not being a dependable ally for ever.
    • India needs to respond firmly and in no uncertain terms to the PAF’s F-16 upgrade programme to convey the message that India cannot be taken for granted.
    • India will have to effectively enhance the conventional combat capability of the IAF to continue to meet the challenge of a resurgent PAF.

     

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  • Maharashtra Election Symbols Issue

    In a blow to one faction, a Constitution Bench of the Supreme Court allowed the Election Commission (EC) to take a decision on the Maharashtra CM claim that his faction represents the “real” party.

    What is the news?

    • The Bench led by Justice D.Y. Chandrachud rejected the plea to stay the EC proceedings under the Election Symbols (Reservation and Allotment) Order of 1968.

    What is the news?

    • A party has lost a large number of members in the rebellion that eventually caused the fall of the government in Maharashtra.
    • The rebel has claimed to be the only original leader of the party on the basis of the support of more than two-thirds of the party’s legislators in the Maharashtra Assembly.

    Options for ECI

    • The ECI in all likelihood can freeze the symbol so that neither of the two sides is able to use it until a final decision is made.
    • EC hearings are long and detailed, and may take at least six months.

    EC’s powers in Election Symbol Dispute

    • The question of a split in a political party outside the legislature is dealt by Para 15 of the Symbols Order, 1968.
    • It states that the ECI may take into account all the available facts and circumstances and undertake a test of majority.
    • The decision of the ECI shall be binding on all such rival sections or groups emerged after the split.
    • This applies to disputes in recognised national and state parties.
    • For splits in registered but unrecognized parties, the EC usually advises the warring factions to resolve their differences internally or to approach the court.

    How did the EC deal with such matters before the Symbols Order came into effect?

    • Before 1968, the EC issued notifications and executive orders under the Conduct of Election Rules, 1961.
    • The most high-profile split of a party before 1968 was that of the CPI in 1964.
    • A breakaway group approached the ECI in December 1964 urging it to recognise them as CPI(Marxist). They provided a list of MPs and MLAs of Andhra Pradesh, Kerala and West Bengal who supported them.
    • The ECI recognised the faction as CPI(M) after it found that the votes secured by the MPs and MLAs supporting the breakaway group added up to more than 4% in the 3 states.

    What was the first case decided under Para 15 of the 1968 Order?

    • It was the first split in the Indian National Congress in 1969.
    • Indira Gandhi’s tensions with a rival group within the party came to a head with the death of President Dr Zakir Hussain on May 3, 1969.

    Is there a way other than the test of majority to resolve a dispute over election symbols?

    • In almost all disputes decided by the EC so far, a clear majority of party delegates/office bearers, MPs and MLAs have supported one of the factions.
    • Whenever the EC could not test the strength of rival groups based on support within the party organisation (because of disputes regarding the list of office bearers), it fell back on testing the majority only among elected MPs and MLAs.

    What happens to the group that doesn’t get the parent party’s symbol?

    • The EC in 1997 did not recognise the new parties as either state or national parties.
    • It felt that merely having MPs and MLAs is not enough, as the elected representatives had fought and won polls on tickets of their parent (undivided) parties.
    • The EC introduced a new rule under which the splinter group of the party — other than the group that got the party symbol — had to register itself as a separate party.
    • It could lay claim to national or state party status only on the basis of its performance in the state or central elections after registration.

     

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