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GS Paper: GS2

  • Why central services cannot be exempted from reservation for disabled

    Context

    In a case that the SC is currently hearing, the petitioner has challenged a notification issued by the Department of Empowerment for Persons with Disabilities (Department).

    About the notification

    • The impugned notification exempts all categories of posts in the Indian Police Service, the Delhi, Andaman and Nicobar Islands, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli Police Service, as well as the Indian Railway Protection Force Service from the mandated 4 per cent reservation for persons with disabilities under the Rights of Persons with Disabilities Act, 2016 [RPwD Act].

    Issues with the notification

    1] Against combat and non-combat classification

    • On the same day as the issuing of the impugned notification, the Department also issued another notification exempting from the purview of reservation under the RPwD Act posts only of “combatant” nature in the paramilitary police.
    • This classification between combat and non-combat posts was premised on a clear recognition of the fact that persons with disabilities are capable of occupying non-combat posts in the central forces.
    • The Department has offered no justification as to why this classification would not hold good as regards the services covered in the impugned notification.

    2] Against the identification of posts suitable for reservation for the disabled

    • The Ministry of Social Justice and Empowerment had identified a range of ministerial/civilian posts as being suitable for reservation for the disabled.
    • The impugned notification goes against this identification exercise, by virtue of its blanket character.
    • Further, on November 22, 2021, the Union Ministry of Home Affairs released Draft Accessibility Standards/Guidelines for built infrastructure under its purview (police stations, prisons and disaster mitigation centres) and services associated with them.
    • These Draft Standards state that the police staff on civil duty could be persons with disabilities.

    3] Exercise of power

    • As per the RPwD Act, the grant of any exemption has to be preceded by consultation with the Chief Commissioner for Persons with Disabilities.
    • However, the office of the chief commissioner has been lying vacant for many years, with the secretary in the Department officiating in that role.

    Conclusion

    This case presents the SC with the opportunity to rule that the disabled are not a monolithic entity. Every disabled person is different, and it is unfair to paint all disabled people with the same broad brush, based on a stereotypical understanding of what they can do.

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  • BRICS and the creation of a multipolar world

    Context

    The current crisis in Ukraine will consolidate BRICS as the group will make further efforts to become a real alternative to the West to create a real multipolar world.

     BRICS’ efforts to change world economic system

    • The group was brought together by geopolitical rather than economic considerations and this can be seen in the strategic interests shared by Russia and China.
    • Inclusion of non-Western states in international financial institutions: BRICS is actively involved in the efforts to change the world economic system by increasing the number of non-Western states in international financial institutes.
    • The BRICS countries decided to create the $100 billion BRICS Development Bank and a reserve currency pool worth over another $100 billion to offer an alternative to countries in the non-Western world when it comes to choosing the sources of funding for development or coping with serious economic crises.

    Consequences of Ukraine crisis for BRICS

    •  It demonstrates that the West has not abandoned the idea of a unipolar world and will continue building it up by drawing into its foreign policy orbit issues it calls “international” or even “common to mankind.”
    • Many non-Western states look at this as a new wave of colonialism.
    • This will increase the desire of non-Western countries to enhance their coordination and perhaps the current conflict is already showing signs in this respect.
    • The BRICS states are different in many respects and their disagreements with the West are rooted in different historical and political circumstances.
    • The current crisis in Ukraine will consolidate BRICS as the group will make further efforts to become a real alternative to the West to create a real multipolar world.
    • RIC controls 22 per cent of the global GDP and 16 per cent of global exports of goods and services.
    • The fallout from Russia’s alienation from the G-8 group of nations, raises the prospect that — tactically at least — Russia, India, and China might be playing their own triangular integrationist card within BRICS at Moscow’s initiative.
    • Eurasian integrationist core: This will create a north Eurasian integrationist core within BRICS, whichever way Moscow’s relations with the US and Europe play out.

    Implications for India

    • Both the Asian giants — India and China — may stand to reap the “best of both worlds” as the Ukraine imbroglio plays out.
    • Investment: This could mean greater industrial and energy cross investments between Russia and India as well as between Russia and China.
    • Additionally, the proposed arrangement for rupee-ruble cross currency pairing could result in settlement of payments in non-dollar currencies with more countries looking at India’s sovereign Financial Messaging Systems (SFMS), while also remaining connected with a central system like SWIFT.
    • Dedicated payment mechanism: This should also anchor India’s quest to build a dedicated payment mechanism for energy-related payments and settlements as a long-haul measure.
    • This could change the contours of the global payments landscape and benefit the rupee immensely.

    Spotlight on India

    • As the war progresses, New Delhi has been receiving a stream of high-profile visitors from around the world.
    • This has included delegations from the US, Australia and Japan, India’s partners in the Quad.
    • The foreign minister of Greece has also been to India and the Israeli prime minister is scheduled to visit soon.
    • Even traditional rival China is making overtures to India at this time, with Foreign Minister Wang Yi’s visit.
    • Another suitor is Russia, which is now also becoming a supplier of discounted crude oil to India as Moscow recoils from sanctions enforced by western consumers of its natural gas.

    Conclusion

    New Delhi is basking in its well-deserved spotlight with well-crafted diplomacy. India could be looking at a new dawn.

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  • What caused Sri Lanka’s worst economic crisis?

    Context

    Sri Lanka’s ruling Rajapaksa family is facing mounting public anger, calls for resignations and political defections amidst the island’s worst economic crisis in its post-independence history.

    Reasons for the crisis

    • 1] Overnight switch to organic farming and import ban on fertiliser: There was the decision to ban fertiliser imports and switch overnight to organic farming.
    • The decision was reversed after sustained farmer protests but not before damage had already been done to crop yields.
    • 2] Then, precious foreign exchange was wasted in propping up the rupee while imposing controls on key imports that led to shortages and price rise.
    • 3] For several months, as the crisis deepened with rolling power-cuts and shortages of essentials, the government refused to seek IMF assistance.
    • It has now relented on the IMF, but Sri Lanka’s economic distress has been prolonged and deepened by this indecision.

    Contradictions in the Sri Lanka’s politics

    • While the immediate causes of popular anger are explicable, the crisis also reveals a more enduring contradiction at the foundation of Sri Lanka’s politics.
    • Sinhala nationalist-inspired policies: What this crisis shows is that Sinhala nationalist-inspired policies are no longer financially or politically viable.
    • Hardline approach toward Tamils: The Rajapaksas first rode to power in September 2005 on the wave of Sinhala nationalist antipathy against the then-ongoing Norwegian-mediated peace process with the LTTE.
    • Upon his election as president, Mahinda expanded the military and launched a full-frontal military offensive that ended with the LTTE’s total defeat and destruction in May 2009.
    • After the war, instead of seeking a political settlement with the Tamils, Mahinda Rajapaksa unrolled a de-facto militarised siege of the Tamil-speaking areas and population.
    • Assertive foreign policy: The hardline approach to the Tamils and their demands was also linked to a new, more assertive foreign policy.
    •  The government turned away the long-established pattern of alignments with Western states and India.
    • Mistrust of India: There is a long-standing mistrust of India amongst Sinhala Buddhist nationalists who see it as the source of historic Tamil invasions.
    •  The Rajapaksas translated this sentiment into policy, pushing back against Indian attempts to forge closer economic ties and a constitutional settlement of the Tamil question.
    • Ties with China: In place of these ties, the Rajapaksas ostentatiously set out to forge new alliances, principally with China.
    • The Rajapaksas also bet on a new geo-political optimism.
    • They believed that with China’s rise, Sri Lanka’s location on east-west trade lanes would become a prized asset.
    • They were confident that in the global competition for power triggered by China’s rise, international actors would be compelled to seek Sri Lanka’s favour for fear of “losing” it to the other side.
    • With this geo-political calculus in mind, they assuredly rebuffed Western and Indian demands.
    • None of the great powers who were supposed to be competing for Sri Lanka’s favour have stepped up to offer a bailout, although the sums are quite small by global standards.
    • The bid for total sovereign autonomy has crash-landed and yet the alternatives are also politically difficult.

    More leverage to international actors

    • The irony of Sri Lanka’s push for total sovereign autonomy is that it has given international actors more leverage than they had before.
    • Going to the IMF will require concessions on human rights and good governance to secure preferential access to European markets.
    • At the same time, Indian bilateral assistance has conditionalities on clearing controversial investments.

    Way forward

    • Push non-reversible changes: International actors who really want to help Sri Lanka should use this leverage to push for tangible and non-reversible changes in the treatment of Tamils and Muslims whatever leadership emerges in Colombo.
    • Eemilitarisation and normalisation of relations with the Tamils and Muslims: The crisis can serve as a reality check for the Sinhala nationalist leadership and electorate. The model of economic and political governance they have pursued is unsustainable, and the alternatives must be faced.
    • The most pressing of these is the demilitarisation and normalisation of relations with the Tamils and Muslims.
    • Sinhala political attention can perhaps then be turned to the other pressing failures of governance that have brought Sri Lanka to this state.

    Conclusion

    The Rajapaksas may be the principal protagonists of this crisis but the underlying script they have followed is a Sinhala Buddhist one and until Sri Lanka finds a new script it cannot find peace or stability.

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  • Fulfilling the potential of the Bay of Bengal community

    Context

    The celebrations to mark the 25th year of the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC) have been accompanied by the announcement of several new initiatives.

    Important outcome of BIMSTEC Summit

    The summit had several important outcomes: Expanding the grouping’s agenda, deepening cooperation between the member countries and planning systematically for consistency and coherence.

    1] Finalisation of charter

    • The Bay of Bengal Community was launched in 1997. But its charter, finalised last week, was more than two decades in the making.
    • The 20-page document adopted at the fifth BIMSTEC Summit articulates the purpose, principles and legal standing of the organisation.
    • It also delineates the process to admit new members – this requires the consensus of the members.
    •  The emphasis on consensus is important, given the sensitivities of the member countries.
    • One important provision in the charter is to keep regular meetings on track and provide enough scope to the BIMSTEC Permanent Working Committee to keep the process energised.

    2] Development on connectivity issues

    • Amongst the important decisions is the one related to the BIMSTEC Master Plan for Transport Connectivity.
    • The region requires seamless connectivity through multi-modal channels that improve links within and amongst the member countries.
    • These channels should be in sync with the regulatory frameworks of the member countries.
    • There are proposals to extend the trilateral highway project between Thailand, Myanmar and India to Laos and Cambodia. Bangladesh, Bhutan and Nepal have also evinced interest in the project.
    • Digitisation has enhanced cooperation in customs regulations and facilitated and improved cargo clearance procedures. All this will surely enhance investment linkages and improve regional trade.

    3] A systemic approach to streamline the evolution of BIMSTEC.

    • Establishing an Eminent Persons’ Group (EPG) for formulating a vision document for the region will help in articulating the aspirations of the collective.
    • EPGs have been quite useful in the EU and ASEAN.
    • For instance, the ASEAN-India Eminent Persons Group (AIEPG) was constituted in 2005 after the Eighth ASEAN-India Summit.
    • Its recommendations still guide the grouping’s work.
    • In 2011, the EU constituted an EPG  to suggest a roadmap to address the challenges arising from the resurgence of intolerance and discrimination in Europe.

    4] MoU for legal assistance and mutual cooperation

    • The MoU for legal assistance in criminal matters and additional MoUs for mutual cooperation between diplomatic academics and training institutes would help in creating an ecosystem of deeper knowledge-related cooperation.
    • The technology transfer facility proposed in Colombo is likely to augment these efforts.

    India’s leading role

    • India has promised $1 million to set up a Secretariat in Dhaka.
    • India has identified several other areas where it will support the collective.
    • Delhi will provide a $3 million grant to the BIMSTEC Centre for Weather and Climate, promote collaboration between industries and start-ups, and launch programmes that will help in the adoption of international standards and norms.
    • Agricultural trade analysis: Delhi has also suggested a regional value chain based agricultural trade analysis – this will be conducted by the RIS.
    • The Asian Development Bank and the New Delhi-based ICRIER have stewarded awareness programmes on trade facilitating measures in the member countries.
    • Support to Sri Lanka and Nepal: The pandemic has created fresh challenges and aggravated old ones in the countries of the region, particularly Sri Lanka and Nepal.
    • India’s support to these countries, especially in financial matters, could help in reducing undesirable external intervention in the region.

    Way forward

    • Need for FTA: The early completion of the regional free trade agreement could provide a fillip to the organisation’s efforts.
    • Promote research on cultural and civilisation linkages: Besides economic links, the Bay of Bengal countries share a cultural and civilisational legacy.
    • The role of institutions like Nalanda University in promoting research on cultural and civilisational linkages and improving the adoption of sustainable practices would be equally significant.

    Conclusion

    The collective’s fifth summit that concluded in Colombo showcased member nations’ resolve to facilitate connectivity and security and enhance the prosperity of the region.

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  • No Fundamental or Absolute Right to receive Foreign Donations: Supreme Court

    The Supreme Court upheld amendments introducing restrictions in the Foreign Contribution Regulation Act (FCRA) while holding that no one has a fundamental or absolute right to receive foreign contributions.

    What is FCRA?

    • The FCRA regulates foreign donations and ensures that such contributions do not adversely affect internal security.
    • First enacted in 1976, it was amended in 2010 when a slew of new measures was adopted to regulate foreign donations.
    • The FCRA is applicable to all associations, groups and NGOs which intend to receive foreign donations.
    • It is mandatory for all such NGOs to register themselves under the FCRA.
    • The registration is initially valid for five years and it can be renewed subsequently if they comply with all norms.

    Why was FCRA enacted?

    • The FCRA sought to consolidate the acceptance and utilisation of foreign contribution or foreign hospitality by individuals, associations or companies.
    • It sought to prohibit such contributions from being used for activities detrimental to national interest.

    What was the recent Amendment?

    • The FCRA was amended in September 2020 to introduce some new restrictions.
    • The Government says it did so because it found that many recipients were wanting in compliance with provisions relating to filing of annual returns and maintenance of accounts.
    • Many did not utilise the funds received for the intended objectives.
    • It claimed that the annual inflow as foreign contributions almost doubled between 2010 and 2019.
    • The FCRA registration of 19,000 organisations was cancelled and, in some cases, prosecution was also initiated.

    How has the law changed?

    There are at least three major changes that NGOs find too restrictive.

    • Prohibition of fund transfer: An amendment to Section 7 of the Act completely prohibits the transfer of foreign funds received by an organisation to any other individual or association.
    • Directed and single bank account: Another amendment mandates that every person (or association) granted a certificate or prior permission to receive overseas funds must open an FCRA bank account in a designated branch of the SBI in New Delhi.
    • Utilization of funds: Fund All foreign funds should be received only in this account and none other. However, the recipients are allowed to open another FCRA bank account in any scheduled bank for utilisation.
    • Shared information: The designated bank will inform authorities about any foreign remittance with details about its source and the manner in which it was received.
    • Aadhaar mandate: In addition, the Government is also authorised to take the Aadhaar numbers of all the key functionaries of any organisation that applies for FCRA registration or for prior approval for receiving foreign funds.
    • Cap on administrative expenditure: Another change is that the portion of the receipts allowed as administrative expenditure has been reduced from 50% to 20%.

    What is the criticism against these changes?

    • Arbitrary restrictions: NGOs questioning the law consider the prohibition on transfer arbitrary and too heavy a restriction.
    • Non-sharing of funds: One of its consequences is that recipients cannot fund other organisations. When foreign help is received as material, it becomes impossible to share the aid.
    • Irrationality of designated bank accounts: There is no rational link between designating a particular branch of a bank with the objective of preserving national interest.
    • Un-ease of operation: Due to Delhi based bank account, it is also inconvenient as the NGOS might be operating elsewhere.
    • Illogical narrative: ‘National security’ cannot be cited as a reason without adequate justification as observed by the Supreme Court in Pegasus Case.

    What does the Government say?

    • Zero tolerance against intervention: The amendments were necessary to prevent foreign state and non-state actors from interfering with the country’s polity and internal matters.
    • Diversion of foreign funds: The changes are also needed to prevent malpractices by NGOs and diversion of foreign funds.
    • Fund flow monitoring: The provision of having one designated bank for receiving foreign funds is aimed at making it easier to monitor the flow of funds.
    • Ease of operation: The Government clarified that there was no need for anyone to come to Delhi to open the account as it can be done remotely.

    What did the Supreme Court observed now?

    • The apex court reasoned that unbridled inflow of foreign funds may destabilise the sovereignty of the nation.
    • The petitioners have argued that the amendments suffered from the “vice of ambiguity, over-breadth or over-governance” and violated their fundamental rights.
    • But the court countered that the amendments only provide a strict regulatory framework to moderate the inflow of foreign funds into the country.
    • Free and uncontrolled inflow of foreign funds has the potential to impact the socio-economic structure and polity of the country.
    • No one can be heard to claim a vested right to accept foreign donations, much less an absolute right, said the verdict.

    Supreme Court’s assessment of Foreign Funds

    • Philosophically, foreign contribution (donation) is akin to gratifying intoxicant replete with medicinal properties and may work like a nectar.
    • However, it serves as a medicine so long as it is consumed (utilised) moderately and discreetly, for serving the larger cause of humanity.
    • Otherwise, this artifice has the capability of inflicting pain, suffering and turmoil as being caused by the toxic substance (potent tool) — across the nation.

    Way forward

    • The court said charity could be found at home. NGOs could look within the country for donors.
    • Fundamental rights have to give way in the larger public interest to the need to insulate the democratic polity from the “adverse influence of foreign contributions”.
    • The third-world countries may welcome foreign donations, but it is open to a nation, which is committed and enduring to be self-reliant.
    • An unregulated inflow of foreign donations would only indicate that the government was incapable of looking after its own affairs and needs of its citizens.

     

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  • [pib] Fortification of Rice

    The Cabinet Committee on Economic Affairs has approved supply of fortified rice in all States and Union Territories (UTs) by 2024 in a phased manner.

    What is the news?

    1. National Food Security Act (NFSA)
    2. Integrated Child Development Services (ICDS)
    3. Pradhan Mantri Poshan Shakti Nirman-PM POSHAN [erstwhile Mid-Day Meal Scheme (MDM)] and
    4. Other Welfare Schemes (OWS)

    Phases of implementation

    The following three phases are envisaged for full implementation of the initiative:

    1. Phase-I: Covering ICDS and PM POSHAN in India all over by March, 2022 which is under implementation.
    2. Phase-II: Phase I above plus TPDS and OWS in all Aspirational and High Burden Districts on stunting (total 291 districts) by March 2023.
    3. Phase-III: Phase II above plus covering the remaining districts of the country by March 2024.

    What is Fortification?

    • The Food Safety and Standards Authority of India (FSSAI) has explicitly defined fortification.
    • It involves deliberate increasing of the content of essential micronutrients in a food so as to improve the nutritional quality of food and to provide public health benefit with minimal risk to health.

    Types of food fortification

    Food fortification can also be categorized according to the stage of addition:

    1. Commercial and industrial fortification (wheat flour, cornmeal, cooking oils)
    2. Biofortification (breeding crops to increase their nutritional value, which can include both conventional selective breeding, and genetic engineering)
    3. Home fortification (example: vitamin D drops)

    How is fortification done for rice?

    • Various technologies are available to add micronutrients to regular rice, such as coating, dusting, and ‘extrusion’.
    • The last mentioned involves the production of fortified rice kernels (FRKs) from a mixture using an ‘extruder’ machine.
    • It is considered to be the best technology for India.
    • The fortified rice kernels are blended with regular rice to produce fortified rice.

    How does the extrusion technology to produce FRK work?

    • Dry rice flour is mixed with a premix of micronutrients, and water is added to this mixture.
    • The mixture is passed through a twin-screw extruder with heating zones, which produces kernels similar in shape and size to rice.
    • These kernels are dried, cooled, and packaged for use. FRK has a shelf life of at least 12 months.
    • As per guidelines issued by the Ministry of Consumer Affairs, Food and Public Distribution, the shape and size of the fortified rice kernel should “resemble the normal milled rice as closely as possible”.
    • According to the guidelines, the length and breadth of the grain should be 5 mm and 2.2 mm respectively.

    But why does rice have to be fortified in the first place?

    • India has very high levels of malnutrition among women and children.
    • According to the Food Ministry, every second woman in the country is anaemic and every third child is stunted.
    • Fortification of food is considered to be one of the most suitable methods to combat malnutrition.
    • Rice is one of India’s staple foods, consumed by about two-thirds of the population. Per capita rice consumption in India is 6.8 kg per month.
    • Therefore, fortifying rice with micronutrients is an option to supplement the diet of the poor.

    What are the standards for fortification?

    • Under the Ministry’s guidelines, 10 g of FRK must be blended with 1 kg of regular rice.
    • According to FSSAI norms, 1 kg of fortified rice will contain the following: iron (28 mg-42.5 mg), folic acid (75-125 microgram), and vitamin B-12 (0.75-1.25 microgram).
    • Rice may also be fortified with zinc (10 mg-15 mg), vitamin A (500-750 microgram RE), vitamin B-1 (1 mg-1.5 mg), vitamin B-2 (1.25 mg-1.75 mg), vitamin B-3 (12.5 mg-20 mg) and vitamin B-6 (1.5 mg-2.5 mg) per kg.

    Does fortified rice have to be cooked differently?

    • The cooking of fortified rice does not require any special procedure.
    • The rice needs to be cleaned and washed in the normal way before cooking.
    • After cooking, fortified rice retains the same physical properties and micronutrient levels as it had before cooking.

    What is India’s capacity for fortification?

    • At the time of the PM’s announcement last year, nearly 2,700 rice mills had installed blending units for the production of fortified rice.
    • India’s blending capacity now stands at 13.67 lakh tonnes in 14 key states, according to figures provided by the Ministry.
    • FRK production had increased rapidly from 7,250 tonnes to 60,000 tonnes within 2 years.

    How can a beneficiary distinguish between fortified rice and regular rice?

    • Fortified rice will be packed in jute bags with the logo (‘+F’) and the line “Fortified with Iron, Folic Acid, and Vitamin B12”.

    Advantages offered

    • Health: Fortified staple foods will contain natural or near-natural levels of micro-nutrients, which may not necessarily be the case with supplements.
    • Taste: It provides nutrition without any change in the characteristics of food or the course of our meals.
    • Nutrition: If consumed on a regular and frequent basis, fortified foods will maintain body stores of nutrients more efficiently and more effectively than will intermittently supplement.
    • Economy: The overall costs of fortification are extremely low; the price increase is approximately 1 to 2 percent of the total food value.
    • Society: It upholds everyone’s right to have access to safe and nutritious food, consistent with the right to adequate food and the fundamental right of everyone to be free from hunger

    Issues with fortified food

    • Against nature: Fortification and enrichment upset nature’s packaging. Our body does not absorb individual nutrients added to processed foods as efficiently compared to nutrients naturally occurring.
    • Bioavailability: Supplements added to foods are less bioavailable. Bioavailability refers to the proportion of a nutrient your body is able to absorb and use.
    • Immunity issues: They lack immune-boosting substances.
    • Over-nutrition: Fortified foods and supplements can pose specific risks for people who are taking prescription medications, including decreased absorption of other micro-nutrients, treatment failure, and increased mortality risk.

    Back2Basics: Public Distribution System (PDS)

    • The PDS is an Indian food Security System established under the Ministry of Consumer Affairs, Food, and Public Distribution.
    • PDS evolved as a system of management of scarcity through the distribution of food grains at affordable prices.
    • PDS is operated under the joint responsibility of the Central and State Governments.
    • The Central Government, through the Food Corporation of India (FCI), has assumed the responsibility for procurement, storage, transportation, and bulk allocation of food grains to the State Governments.
    • The operational responsibilities including allocation within the State, identification of eligible families, issue of Ration Cards and supervision of the functioning of FPSs etc., rest with the State Governments.
    • Under the PDS, presently the commodities namely wheat, rice, sugar, and kerosene are being allocated to the States/UTs for distribution.
    •  Some states/UTs also distribute additional items of mass consumption through PDS outlets such as pulses, edible oils, iodized salt, spices, etc.

    Mid-Day Meal Scheme

    • The Midday Meal Scheme is a school meal program in India designed to better the nutritional standing of school-age children nationwide.
    • It is a wholesome freshly-cooked lunch served to children in government and government-aided schools in India.
    • It supplies free lunches on working days for children in primary and upper primary classes in government, government-aided, local body, and alternate innovative education centers, Madarsa and Maqtabs.
    • The program has undergone many changes since its launch in 1995.
    • The Midday Meal Scheme is covered by the National Food Security Act, 2013.

    The scheme aims to:

    1. avoid classroom hunger
    2. increase school enrolment
    3. increase school attendance
    4. improve socialization among castes
    5. address malnutrition
    6. empower women through employment

     

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  • Criminal Procedures (Identification) Bill violates right against self-incrimination

    Context

    The Bill proposes to collect “measurements” of convicted persons, those who are arrested (or detained under preventive detention laws) or those who have executed bonds promising good behaviour.

    Dilution of right against self-incrimination

    • The Constitution, under Article 20(3), protects an accused from being compelled to give witness against himself.
    • This fundamental right has been diluted over the years.
    • In 2005, the Code of Criminal Procedure (CrPC) was amended to allow a magistrate to order any person to give their handwriting samples for the purpose of an investigation or proceeding.
    • In 2019, the Supreme Court, in Ritesh Sinha v. State of UP, held that such handwriting samples could include voice samples.
    • It relied upon its judgment in the Kathi Kalu Oghad case (1962) that held that giving palm impressions or footprints could not be called self-incriminatory because impressions were unchangeable, except in rare cases”.
    • Instead, it held that the Constitution bars the compulsory extraction of a statement — oral or written — from the accused, “which makes the case against the accused person at least probable, considered by itself”.

    Provisions in the Bill

    • While the databasing of convicted persons is not new, the new piece of legislation allows for taking information, including finger-impressions, palm-print impressions, footprint impressions, photographs, iris and retina scan, physical, biological samples and their analysis, behavioural attributes including signatures, handwriting or any other examination referred to in Sections 53, 53A of the CrPC.
    • It also mandates the National Crime Records Bureau to store, preserve and destroy the record of measurements at the national level as well as process and share them with any law enforcement agency.

    Issues with the Bill

    • Right against self-incrimination is unlikely to apply to technologies in use today.
    • Wide scope of under new technologies: The logic that was used in 1962 to interpret what would violate the right against self-incrimination is unlikely to apply to technologies in use today.
    • The Bill is vaguely worded and the nature of the processing, sharing, and dissemination of data it entails will most certainly involve the use of new and emerging technologies. 
    •  Their application to policing and the criminal justice system has new implications for the right against self-incrimination.
    • The compulsory submission of such information could have chilling effects after being subjected to new technologies – in other words, the past of an accused person might be enough to incriminate him.
    • Possibility of coercive data collection: The Bill proposes to collect “measurements” of convicted persons, those who are arrested (or detained under preventive detention laws) or those who have executed bonds promising good behaviour.
    • Only those arrested for petty offences that are punishable with less than seven years may not be obliged to allow the recording of measurements.
    • This rings a warning bell about coercive data collection, especially when seen in the light of the practices used to police oppressed communities.
    • For instance, under the Criminal Tribes Act, 1871, many nomadic and semi-nomadic communities were labelled hereditary criminals.
    •  Despite the Act being repealed in 1952, these denotified tribal (“Vimukta”) communities continue to be treated as criminals by birth through the “Habitual Offenders” provisions in state-level police regulations that allow local police stations to keep records of such persons residing in their area.
    • It condemns a section of the country’s population to several cycles of arrest, bail, and acquittal.
    • The new piece of legislation could make the practice of history-sheeting, undertaken when a person is merely alleged of a crime, and not convicted, even more coercive.
    • Long storage period and no clear process for destroying information: the “measurements” are to be stored at the national level for 75 years, with no clear procedure outlined for destroying the information.

    Conclusion

    The right against self-incrimination is at the heart of protection against police excess and torture. Record-keeping as mandated by the Bill violates this right. Parliament must make laws that protect against such blatant attacks on fundamental rights and freedoms, rather than enable them.

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  • Russia suspended from UN Human Rights Council membership

    Russia’s membership to the Human Rights Council (UNHRC), to which it was elected in 2020, was suspended after the United Nations General Assembly (UNGA) vote.

    Why was Russia suspended from UNHRC?

    • Russia’s three-year term as member of the Council began on January 1, 2021.
    • With membership on the Council comes a responsibility to uphold high human rights standards.
    • It is this responsibility that Russia is alleged to have wilfully violated in Ukraine.

    India stayed absent. Why?

    • India questioned the process by which the move to suspend Russia took place given that it happened before the international probe into the massacre.
    • New Delhi’s point is that it should have been brought before the Human Rights Council first, and not the UNGA, sources said.
    • This is a signal to the West that due process has not been followed, something that Indian interlocutors can draw Moscow’s attention to.

    About UN Human Rights Council

    • The UNHRC is an inter-governmental body within the United Nations system, which is responsible for strengthening the promotion and protection of human rights around the world.
    • It addresses and makes recommendations on situations of human rights violations, and can discuss all thematic human rights issues and situations.
    • The UNHRC replaced the former UN Commission on Human Rights.
    • It was created by the UNGA on March 15, 2006, and the body met in its first session from June 19-30, 2006.

    Working of the Council

    In 2007, the Council adopted an “institution-building package” to set up its procedures and mechanisms. Among these were:

    1. Mechanism of Universal Periodic Review to assess the human rights situations in all UN Member States.
    2. It has Advisory Committee that serves as the Council’s think tank providing it with expertise and advice on thematic human rights issues.
    3. Its Complaint Procedure, allows individuals and organisations to bring human rights violations to the Council’s attention.
    4. The Council also works with the UN Special Procedures established by the former Commission on Human Rights, consisting of special rapporteurs, special representatives, independent experts etc.

    Membership of the Council

    • The Council, which meets at the UN Office in Geneva, Switzerland, is made up of 47 UN Member States who are elected by majority vote through a direct and secret ballot at the UNGA.
    • The membership of the Council is based on equitable geographical distribution.
    • African and Asia-Pacific states have 13 seats each, Latin American and Caribbean states have 8 seats, Western European and other states 7 seats, and Eastern European states 6 seats.
    • The members serve for three years and are not eligible for immediate re-election after serving two consecutive terms.

    Leadership of the Council

    • The Council has a five-person Bureau, consisting of a president and four vice-presidents, each representing one of the five regional groups.
    • They serve for a year each, in accordance with the Council’s annual cycle.
    • The Human Rights Council President of the 16th Cycle (2022) is Federico Villegas, who is the Permanent Representative of Argentina to the UN and other international organizations in Geneva.
    • He was elected president of the Human Rights Council for 2022 in December 2021.

    Meetings of the Council

    • The Human Rights Council holds no fewer than three regular sessions a year, for a total of at least 10 weeks.
    • These sessions take place in March (4 weeks), June (3 weeks) and September (3 weeks).
    • The Council met in its latest (49th) regular session from February 28 to April 1, 2022
    • If a third of the Member states requests, the Council can decide at any time to hold a special session to address human rights violations and emergencies.
    • Under the presidency of Nazhat S Khan of Fiji, the Council held a record five special sessions in 2021 — on Myanmar, the Occupied Palestinian Territory and Israel, Afghanistan, Sudan, and Ethiopia.

     

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  • CBI should have a strong leader with a distinct belief in the law and ethics

    Context

    The Chief Justice of India (CJI), Justice N.V. Ramana, while delivering the annual (and the 19th edition) D.P. Kohli Memorial Talk minced no words in condemning the utter subordination of agencies to the executive and its disastrous consequences for the cause of justice.

    Key takeaways

    • Resisting the pressure: The CJI called upon investigators to stand up to unethical pressures in order not to betray the trust reposed in them by the public.
    • Strong court: We need a strong Supreme Court and equally strong High Courts to keep our investigators on the straight and narrow path.
    •  Fixed tenure: Earlier, CBI Directors were changed at will.
    •  Mandatory tenure was meant to insulate the CBI Director from the caprice of the executive.
    • This process has since been expanded to include the CJI in the selection panel.
    • Strong leadership: The CBI now has some of the brightest Indian Police Service officers in its higher echelons.
    • However, it is not enough if the middle-rung supervisors alone are straightforward.

    Should there be an umbrella organisation?

    • The CJI had proposed an umbrella organisation that will oversee all investigating agencies.
    • This idea was meant to avoid having multiple agencies looking into the same set of allegations.
    • Apart from its impracticality, such a novel body could generate its own problems — of turf wars and ego clashes.

    Way forward

    • There is a need to focus on weeding out the dishonest among officers and rewarding those who have shown and proven themselves to be honest and professionally innovative.

    Conclusion

    There needs to be a strong and virtuous leader who will not only be honest but also stick his neck out to protect his deputies if and when confronted by an unscrupulous political heavyweight.

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  • India-Nepal relationship

    Context

    The Nepal Prime Minister, Sher Bahadur Deuba, paid a long-awaited visit to India last week (April 1-3). Sworn in in July 2021, this was his first bilateral visit abroad, in keeping with tradition.

    Positive outcomes of the visit

    • Among the highlights was the operationalisation of the 35 kilometre cross-border rail link from Jayanagar (Bihar) to Kurtha (Nepal). 
    • The second project that was inaugurated was the 90 km long 132 kV double circuit transmission line connecting Tila (Solukhumbu) to Mirchaiya (Siraha) close to the Indian border.
    • In addition, agreements providing technical cooperation in the railway sector, Nepal’s induction into the International Solar Alliance, and between Indian Oil Corporation and Nepal Oil Corporation on ensuring regular supplies of petroleum products were also signed.
    • The Mahakali Treaty covers the Sarada and Tanakpur barrages as well as the 6,700 MW (approximately) Pancheshwar Multipurpose project.
    • Both sides have agreed to push for an early finalisation of the detailed project report.
    • The joint vision statement on power sector cooperation recognises the opportunities for joint development power generation projects together with cross border transmission linkages and coordination between the national grids; it can provide the momentum.

    Issues in India-Nepal relations

    • Over the years, a number of differences have emerged between India and Nepal that need attention.
    • The relationship took a nosedive in 2015, with India first getting blamed for interfering in the Constitution drafting process and then for an “unofficial blockade” that generated widespread resentment against India.
    • Revision of Treaty of  Peace and Friendship: As one of the oldest bonds, the 1950 Treaty of Peace and Friendship was originally sought by the Nepali authorities in 1949 to continue the special links they had with British India.
    • It provides for an open border and for Nepali nationals to have the right to work in India.
    • But today, it is viewed as a sign of an unequal relationship, and an Indian imposition.
    • The idea of revising and updating it has found mention in Joint Statements since the mid-1990s.
    • Demonetisation is another irritant. In November 2016, India withdrew ₹15.44 trillion of high value (₹1,000 and ₹500) currency notes. Many Nepali nationals who were legally entitled to hold ₹25,000 of
    • Indian currency (given that the Nepali rupee is pegged to the Indian rupee) were left high and dry.
    • The Nepal Rashtra Bank, which is the central bank, holds ₹7 crore and estimates of public holdings are ₹500 crore.
    • After more than five years, it should certainly be possible to resolve this to mutual satisfaction.
    • Kalapani boundary issue: These boundaries had been fixed in 1816 by the British, and India inherited the areas over which the British had exercised territorial control in 1947.
    • While 98% of the India-Nepal boundary was demarcated, two areas, Susta and Kalapani remained in limbo.
    • In November 2019, India issued new maps following the division of the State of Jammu and Kashmir as Union Territories, Jammu and Kashmir and Ladakh.
    • Though the new Indian map did not affect the India-Nepal boundary in any material way, a new map of Nepal was endorsed by the legislature through a constitutional amendment.
    • While it did not alter the situation on the ground, it soured relations with India and added a new and emotive irritant.

    Way forward

    • The political narrative has changed in both countries and these issues can no longer be swept under the carpet or subsumed by invoking a ‘special relationship’.
    • Part of the success of Mr. Deuba’s visit was that none of the differences was allowed to dominate the visit.
    • Yet, to build upon the positive mood, it is necessary these issues be discussed, behind closed doors and at Track 2 and Track 1.5 channels.

    Conclusion

    The need today is to avoid rhetoric on territorial nationalism and lay the groundwork for quiet dialogue where both sides display sensitivity as they explore what is feasible. India needs to be a sensitive and generous partner for the “neighbourhood first” policy to take root.

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