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GS Paper: GS2

  • Demand for Greater Tipraland in Tripura

    Several tribal outfits in Tripura have joined hands to push their demand for a separate state called Greater Tipraland for indigenous communities in the region.

    Demand for Greater Tipraland

    • The Protestants are demanding a separate state of ‘Greater Tipraland’ for the indigenous communities of the north-eastern state.
    • They want the Centre to carve out a separate state under Articles 2 and 3 of the Constitution.
    • Greater Tipraland envisages a situation in which the entire Tripura Tribal Areas Autonomous District Council (TTADC) area will be a separate state.
    • It also proposes dedicated bodies to secure the rights of the Tripuris and other aboriginal communities living outside Tripura.

    What does the Constitution say?

    • Article 2 of the Indian Constitution deals with the admission or establishment of new states.
    • Parliament may by law admit into the Union, or establish, new States on such terms and conditions, as it thinks fit,” it states.
    • Article 3 comes into play in the case of “formation of new States and alteration of areas, boundaries or names of existing States” by the Parliament.

    How did the demand originate?

    • Accessed state: Tripura was a kingdom ruled by the Manikya dynasty from the late 13th century until the signing of the Instrument of Accession with the Indian government on October 15, 1949.
    • Demographic changes: There is an anxiety among the indigenous communities in connection with the change in the demographics of the state due to the displacements from the erstwhile East Pakistan.
    • Existential threats: From 63.77 per cent in 1881, the population of the tribals in Tripura was down to 31.80 per cent by 2011.
    • Ethnic conflicts: In the intervening decades, ethnic conflict and insurgency gripped the state, which shares a nearly 860-km long boundary with Bangladesh.

    What has been done to address the grievances of indigenous communities?

    • The TTADC was formed under the sixth schedule to ensure development and secure the rights and cultural heritage of the tribal communities.
    • The TTADC, which has legislative and executive powers, covers nearly two-third of the state’s geographical area.

    Back2Basics: Autonomous District Council

    • The Sixth Schedule of the Constitution of India allows for the formation of autonomous administrative divisions which have been given autonomy within their respective states.
    • Most of these autonomous district councils are located in North East India but two are in Ladakh, a region administered by India as a union territory.
    • Presently, 10 Autonomous Councils in Assam, Meghalaya, Mizoram and Tripura are formed by virtue of the Sixth Schedule with the rest being formed as a result of other legislation.

    Powers and competencies

    Under the provisions of the Sixth Schedule, autonomous district councils can make laws, rules and regulations in the following areas:

    • Land management
    • Forest management
    • Water resources
    • Agriculture and cultivation
    • Formation of village councils
    • Public health
    • Sanitation
    • Village and town level policing
    • Appointment of traditional chiefs and headmen
    • Inheritance of property
    • Marriage and divorce
    • Social customs
    • Money lending and trading
    • Mining and minerals

    Judicial powers

    • Autonomous district councils have powers to form courts to hear cases where both parties are members of Scheduled Tribes and the maximum sentence is less than 5 years in prison.

    Taxation and revenue

    • Autonomous district councils have powers to levy taxes, fees and tolls on; building and land, animals, vehicles, boats, entry of goods into the area, roads, ferries, bridges, employment and income and general taxes for the maintenance of schools and roads.

     

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  • What the latest NFHS data says about the New Welfarism

    Context

    The second and final phase of NFHS-5 was released which covered 11 states (including Uttar Pradesh (UP), Tamil Nadu, Punjab, Rajasthan, Madhya Pradesh (MP), Jharkhand, Haryana, and Chhattisgarh) and about 49 per cent of the population.

    Major findings

    [1] Success of New Welfarism

    • Figure one plots household access to improved sanitation, cooking gas and bank accounts used by women.
    • The improvements are as striking as they were based on the performance of the phase 1 states.
    • In all cases, access has increased significantly, although claims of India being 100 per cent open defecation-free still remain excessive.

    [2] Child-related outcomes

    • India-wide, stunting has declined although the pace of improvement has slowed down post-2015 compared with the previous decade.
    • For example, stunting improved by 0.7 percentage points per year between 2005 and 2015 compared to 0.3 percentage points between 2015 and 2021.
    • On diarrhoea too, adding the new data reverses the earlier finding.
    • However, on anaemia and acute respiratory illness, there seems to have been deterioration.
    • The new child stunting results are significant but also surprising because of the sharply divergent outcomes between the phase 1 and phase 2 states.
    •  The interesting pattern is that nearly all the phase 2 states show large improvements, whereas most of the phase 1 states exhibited a deterioration in performance.

    [3] Catch up by the laggard states

    • If the new child stunting numbers are right, a different picture of India emerges.
    • Apparently, Madhya Pradesh now has fewer stunted children than Gujarat; Uttar Pradesh and Jharkhand are almost at par with Gujarat; Chhattisgarh fares better than Gujarat, Karnataka, and Maharashtra; and Rajasthan and Odisha fare better than Gujarat, Karnataka, Maharashtra, West Bengal, Telangana and Himachal Pradesh!
    • On child stunting, the old BIMARU states (excepting Bihar) are no longer the laggards; the laggards are Gujarat, Maharashtra, and Karnataka, and to a lesser extent, West Bengal, Andhra Pradesh and Telangana.
    • Indeed, the decline in stunting achieved by the poorer states such as UP, MP, Chhattisgarh and Rajasthan would be all the more remarkable given the overall weakness in the economy between 2015 and 2021.

    Conclusion

    When commentators speak of two Indias, it is now important to ask: Which ones and on what metrics.

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  • The politics-policy disconnect in India

    Context

    Decision-making on virtually all governance issues is disconnected from politics and the mobilisation of public opinion.

    Disconnect between politics and policy

    • The repeal of the farm laws is thus a notable instance of politics and policy coming together, although in conflict.
    • The Opposition speaking in one voice in the Parliament helped, but the heavy lifting of organising in the villages and sustaining the protests was done by the farmers’ groups.
    • This disconnect between politics and policy is not a recent development, though it manifests differently across political divides.
    • Policy-first lens and its implications: The liberal side has a policy-first lens but is unable to articulate its ideas in a manner which makes for good politics, repeatedly couching its ideas in a bureaucratic framework disconnected from political organisation.
    • Bureaucracy is downstream from politics and this approach rather than curbing the state may have instead contributed to undermining the democratic process of political accountability since the political class is, by design, not central to the policy in the first place.
    • A politics-first approach: The right, on its side, has a politics-first lens but it derives its politics largely from its social agenda instead of issues of governance.
    • The policy imperatives, if any, are ad hoc and appear to be driven by the demands of running the political apparatus instead of a clear governance agenda.
    • Despite these differences, what is common across parties is the apolitical harnessing of the state as a disburser of different kinds of economic largesse, especially just before elections, as political parties cast about for simple ideas for easy mass communication.

    Reasons for the breakdown of the process

    • Weakly institutionalised nature of state and politics: Indian politics and the state are weakly institutionalised to begin with, which leads to an all-around fuzziness in the relationship between politics and policy.
    • However, this is as much an effect as it is cause, with the direction of change towards greater deinstitutionalisation instead of the opposite.
    • Lack of consensus-building: Another contributing factor is that traditional sites of consensus-building such as media, civil society, and political parties have developed pathologies which have rendered sustained consensus-building almost impossible. 
    • Centralisation of power: The excessive centralisation of power in party platforms and the head of the government (state and national).
    • This renders the individual elected representative extraneous to governance even in their own constituency, where their function is to provide representation and oversight.

    Way forward

    • There’s too much at stake to allow such a state of affairs to continue.
    •  It is important to rescue public interest from partisanship and cut through at least some of the bad-faith crosstalk across partisan divides.
    • Cross-cutting collaboration: There are many issues which lend themselves to cross-cutting collaboration outside of ideological affiliations.
    • Need for reforms: Institutional reforms are required to create such a space but public-spirited individuals across political divides can lay the foundation for such collaboration through issue-based discipline, moderation and intellectual independence.

    Consider the question “There has been a growing disconnect in India between policy and politics. Examine the factors responsible for this. Suggest the way forward.”

    Conclusion

    We need to address the disconnect between policy and politics to make the functioning of democracy more meaningful for us.

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  • Assisted Reproductive Technology (Regulation) Act, 2021

    The Lok Sabha has passed the Assisted Reproductive Technology- ART (Regulation) Bill,, 2020 that proposes the establishment of a national registry and registration authority for all clinics and medical professionals serving in the field.

    Key highlights of the Bill:

    Definition of ART

    • The Bill defines ART to include all techniques that seek to obtain a pregnancy by handling the sperm or the oocyte (immature egg cell) outside the human body and transferring the gamete or the embryo into the reproductive system of a woman.
    • Examples of ART services include gamete (sperm or oocyte) donation, in-vitro-fertilisation (fertilising an egg in the lab), and gestational surrogacy (the child is not biologically related to surrogate mother).
    • ART services will be provided through: (i) ART clinics, which offer ART related treatments and procedures, and (ii) ART banks, which store and supply gametes.

    Regulation of ART clinics and banks

    • The bill provides that every ART clinic and bank must be registered under the National Registry of Banks and Clinics of India.
    • It will act as a central database with details of all ART clinics and banks in the country.
    • State governments will appoint registration authorities for facilitating the registration process.
    • Clinics and banks will be registered only if they adhere to certain standards (specialised manpower, physical infrastructure, and diagnostic facilities).
    • The registration will be valid for five years and can be renewed for a further five years.

    Conditions for gamete donation and supply

    • Screening of gamete donors, collection and storage of semen, and provision of oocyte donor can only be done by a registered ART bank.
    • A bank can obtain semen from males between 21 and 55 years of age, and oocytes from females between 23 and 35 years of age.
    • An oocyte donor should be an ever-married woman having at least one alive child of her own (minimum three years of age).
    • The woman can donate oocyte only once in her life and not more than seven oocytes can be retrieved from her.
    • A bank cannot supply gamete of a single donor to more than one commissioning couple (couple seeking services).

    Conditions for offering ART services:

    • ART procedures can only be carried out with the written informed consent of both the party seeking ART services as well as the donor.
    • The party seeking ART services will be required to provide insurance coverage in the favour of the oocyte donor (for any loss, damage, or death of the donor).
    • The Bill also requires checking for genetic diseases before the embryo implantation.

    Rights of a child born through ART

    • A child born through ART will be deemed to be a biological child of the commissioning couple and will be entitled to the rights and privileges available to a natural child of the commissioning couple.
    • A donor will not have any parental rights over the child.

    National and State Boards:

    • The Bill provides that the National and State Boards for Surrogacy constituted and will for the regulation of ART services.
    • Key powers and functions of the National Board include:
    1. Advising the central government on ART related policy matters
    2. Reviewing and monitoring the implementation of the Bill
    3. Formulating code of conduct and standards for ART clinics and banks
    4. Overseeing various bodies to be constituted under the Bill
    5. State Boards will coordinate enforcement of the policies and guidelines for ART as per the recommendations, policies, and regulations of the National Board

    Offences and penalties

    Offences under the Bill include:

    1. Abandoning, or exploiting children born through ART,
    2. Selling, purchasing, trading, or importing human embryos or gametes,
    3. Using intermediates to obtain donors,
    4. Exploiting commissioning couple, woman, or the gamete donor in any form, and
    5. Transferring the human embryo into a male or an animal
    • These offences will be punishable with a fine between 5 and 10 lakh rupees for the first contravention.
    • For subsequent contraventions, these offences will be punishable with imprisonment for a term between eight and 12 years, and a fine between 10 and 20 lakh rupees.
    • Any clinic or bank advertising or offering sex-selective ART will be punishable with imprisonment between five and ten years, or fine between Rs 10 lakh and Rs 25 lakh, or both.
    • No court will take cognisance of offences under the Bill, except on a complaint made by the National or State Board or any officer authorised by the Boards.

     

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  • SC pushes for National Judicial Infrastructure Corporation (NJIC)

    The Supreme Court orally said that courts cannot wait on the whims and fancies of the Government, but need a proper mechanism for funding the development of judicial infrastructure.

    National Judicial Infrastructure Corporation (NJIC)

    • The idea for such NJIC was first proposed by CJI Ramana in March this year, even before he took office.
    • It mooted the idea of an “umbrella national organization” that would take care of the need for judicial infrastructure.
    • Such a corporation would bring the uniformity and standardization required to revolutionize judicial infrastructure, said CJI.
    • Soon after he was sworn in, the CJI commenced work on the NJIC and a survey of 6,000 trial courts in various states was undertaken as part of this exercise.

    CJI recommends the composition of NJIC

    • The CJI has said that the Judiciary is least interested in retaining control of the council.
    • The composition can be of the Union Minister for Law and Justice, the Secretary, Finance, etc.
    • The States can also be represented.
    • The benefit of having a senior judge or Chief Justice on it would be that they are in the know of things.

    Why need NJIC?

    • No central agency: Presently, there is no agency to ensure use of funds allocated to augment judicial infrastructure
    • Infrastructure gap: There is a substantial gap in infrastructure and availability of basic amenities in the lower judiciary.
    • Lack of basic amenities: There is a lack of court halls, residential accommodation, and waiting room for litigants in trial courts, especially in smaller towns and rural areas.
    • Budgetary lapses: Experience shows that budgetary allocation for state judiciary often lapses since there is no independent body to supervise and execute works.

    NJIC is expected to fill this vacuum and overcome problems related to infrastructure.

    Significance of NJIC

    • The modernization of judicial infrastructure did not mean building more courts or filling up vacancies or ploughing through vacancies.
    • An efficient “judicial infrastructure” means providing equal and free access to justice.
    • This could be realized through a barrier-free and citizen-friendly environment.

     

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  • Dam Safety Bill, 2021 introduced in RS

    The Dam Safety Bill 2021 was moved in the Rajya Sabha but the debate could not be held because of disruptions from the Opposition parties.

    Dam Safety Bill, 2021

    • The Bill provides for surveillance, inspection, operation and maintenance of dams to prevent disasters, and institutional mechanisms to ensure safety.
    • It applies to over 5,000 dams across the country, many of which are currently in poor conditions.
    • It has been met with significant opposition, particularly from several states that claim the bill oversteps the Centre’s mandate.

    Which dams are covered?

    • All dams in India with a height above 15 metres come under the purview of the bill.
    • Dams between 10 to 15 metres of height are also covered but only if they meet certain other specifications in terms of design and structural conditions.

    National Committee on Dam Safety

    • The Bill provides for the constitution of a National Committee on Dam Safety (NCDS) which is to be chaired by the Central Water Commissioner (CWC).
    • The other members of the NCDS will be nominated by the Centre and will include up to 10 representatives of the Centre, 7 state government representatives, and 3 experts on dam safety.
    • The NCDS is to formulate policies for dam safety and to prevent dam failures.
    • In the event of a dam failure, the NCDS will analyse why the failure occurred, and suggest changes in dam safety practices to ensure there aren’t any repetitions.

    National Dam Safety Authority (NDSA)

    • The bill provides for the formation of a NDSA which will be responsible for implementing the policies of the NCDS, and will resolve issues between State Dam Safety Organisations (or SDSOs) and dam owners.
    • The NDSA will also specify regulations for the inspection of dams and will provide accreditation to the various agencies working on the structure of dams and their alteration.

    State Dam Safety Organisations (SDSOs)

    • The bill will also result in the establishment of SDSOs, and State Committees on Dam Safety (SCDSs).
    • The jurisdiction of the SDSOs will extend to all dams in that specific state.

    Cross jurisdictions

    • The NDSA will, in some cases, possess this jurisdiction, for example, if a dam owned by one state is situated in another or crosses multiple states, or if a dam is owned by a central public sector undertaking.
    • SDSOs will be in charge of scrutinizing dams under their jurisdiction and maintaining a database of the same.
    • The SCDS will review the work of the SDSO, and will also have to assess the impact of dam-related projects on upstream and downstream states.
    • The bill gives the Central government the power to amend the functions of any of the above bodies through a notification, whenever it is deemed necessary to do so.

    How does Bill change the functioning of dams?

    • If the bill is made into a law, then dam owners will have to provide a dam safety unit in each dam.
    • The dam safety unit will be required to inspect the dam before and after the monsoon session, and also during and after natural disasters such as earthquakes and floods.
    • The bill requires dam owners to prepare emergency action plans. Risk-assessment studies will also have to be undertaken by owners, regularly.
    • At specified, regular intervals, and in the event of either a modification to the dam’s structure or a natural event that may impact the structure, dam owners will have to produce a comprehensive safety evaluation by experts.

    Do you know?

    The point of contention are four dams — Mullaperiyar, Parambikulam, Thunakkadavu and Peruvaripallam — located in Kerala but owned, operated and maintained by the Tamil Nadu Government.

    Issues with bill

    • The primary objection to the bill is that is unconstitutional, as water is one of the items on the State List.
    • Tamil Nadu, which currently possesses four dams situated in Kerala, is opposed to the Bill as it would result in the four dams falling under the NDSA.
    • This will be doing away with Tamil Nadu’s rights over the maintenance of the dam.
    • The Bill states that the NCDS will be chaired by the Central Water Commissioner.
    • However the Supreme Court has ruled in the past that such a scenario is prohibited, as it involves the CWC, an advisor, functioning both as a regulator and the head of the NCDS.

     

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  • India joins G20’s Troika

    India has joined the G20 ‘Troika’with Indonesia and Italy.

    G20 Troika

    • Troika refers to the top grouping within the G20 that consists of the current, previous and incoming presidencies — Indonesia, Italy and India.
    • With this move, India has started the procedure for taking over the G20 presidency.

    Significance of the move

    • India will assume the G20 presidency on December 1, 2022 from Indonesia, and will convene the G20 Leaders’ Summit for the first time in India in 2023.
    • Indonesia took over the G20 presidency this year.

    Do you know?

    A Sherpa is the personal representative of a head of state or head of government who prepares an international summit, such as the annual G7 and G20 summits.

    About G20 Countries

    • Formed in 1999, the G20 is an international forum of the governments and central bank governors from 20 major economies.
    • Collectively, the G20 economies account for around 85 percent of the Gross World Product (GWP), 80 percent of world trade.
    • The members of the G20 consist of 19 individual countries plus the European Union (EU).
    1. The 19 member countries of the forum are Argentina, Australia, Brazil, Canada, China, France, Germany, India, Indonesia, Italy, Japan, Mexico, Russia, Saudi Arabia, South Africa, South Korea, Turkey, United Kingdom and the United States.
    2. The European Union is represented by the European Commission and by the European Central Bank.
    • India has been a member of the G20 since its inception in 1999.

     

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  • EU unveils Global Gateway Project

    The European Union has unveiled a project called ”Global Gateway” that is worth 300 billion euros ($340 billion). The project is being seen as a response to China’s Belt and Road strategy.

    Global Gateway Project

    • It is the initiative Build Back Better World and the European Global Gateway that are reinforcing each other.
    • The bloc will mobilize the financial aid in public and private infrastructure investment around the world.
    • It is an offshoot of a plan by G7 countries to offer developing countries an alternative to Belt and Road.
    • The project will probably extend the remit of the European Fund for Strategic Investment, or create a similar institution, which can act as a guarantor for riskier investments in the ‘Global South’.
    • The EU has indicated it especially wants to compete for infrastructure development projects in Africa.

    About Belt and Road Initiative

    • The Belt and Road is a flagship project of Chinese President Xi Jinping that was launched in 2013.
    • Beijing has invested $139.8 billion in the project which is the centerpiece of Chinese foreign policy.
    • BRI aims to develop land and sea infrastructure to better connect China to Asia, Europe and Africa for trade and development, and it has found many partners around the world.

     

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  • WHO Framework Convention on Tobacco Control (FCTC)

    The World Health Assembly (WHA) took the historic decision to form a global treaty to “strengthen pandemic prevention, preparedness and response”.

    Significance of the launch

    • The launch of putting together this accord is the second such initiative taken under Article 19.
    • The first initiative was the WHO Framework Convention on Tobacco Control (FCTC), which came into effect in 2005.

    About FCTC

    • The Framework Convention on Tobacco Control (FCTC) is the world’s first modern-day global public health treaty.
    • It is also the first treaty negotiated under the auspices of the World Health Organization (WHO).
    • The treaty entered into force in February 2005.
    • It was signed by 168 of the 192 WHO member states and more than 180 WHO member states have become parties to the convention.

    Highlights of the FCTC

    The FCTC provides an internationally coordinated response to combating the tobacco epidemic and sets out specific steps for governments addressing tobacco use, including:

    • Adopting tax and price measures to reduce tobacco consumption
    • Banning tobacco advertising, promotion and sponsorship
    • Creating smoke-free work and public spaces
    • Putting prominent health warnings on tobacco packages
    • Combating illicit trade in tobacco products

     

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  • With India’s demographic transition, come challenges

    Context

    Recent results from National Family Health Survey-5 (NFHS-5) suggest that we are entering an era where we will have to tackle these challenges.

    A milestone in India’s demographic history: TFR at 2.0

    • NFHS-5 places the total fertility rate (TFR) at 2.0.
    • With two parents having two children, we have reached a replacement level of fertility.
    • Due to many young people, the population will continue to grow, but the replacement level fertility is a significant milestone in India’s demographic history.
    • This decline is spread evenly across the country, with 29 states and UTs having a TFR of 1.9 or less, with seven below 1.6.
    • All southern states have a TFR of 1.7-1.8, similar to that of Sweden.
    • Even states that have not reached replacement fertility — Bihar and Uttar Pradesh — seem to be headed in that direction.
    • Part of the original coterie of lagging states, Madhya Pradesh and Rajasthan both have achieved TFRs of 2.0.

    Challenge: Supporting the ageing population

    • Supporting ageing population: As fertility declines, the proportion of the older population grows, and societies face the challenge of supporting an ageing population with a shrinking workforce.
    • This challenge is greater for leaders at the beginning of the demographic transition — Kerala and Tamil Nadu.
    •  Interestingly, these are also among the more prosperous states in India, whose economic activities increasingly rely on migrant labour from other states.
    • Many industries such as auto parts manufacturing and construction in southern states rely on semi-skilled migrants, often transported under contractual arrangements, from northern and eastern states, particularly Bihar, Uttar Pradesh and Odisha.

    Rethinking the critical dimension of Indian federalism

    • Dependence on migrat workforce: Many industries such as auto parts manufacturing and construction in southern states rely on semi-skilled migrants, often transported under contractual arrangements, from northern and eastern states, particularly Bihar, Uttar Pradesh and Odisha.
    • Allocation of political power: While the Indian constitution mandates allocation of Lok Sabha seats across states in proportion to their population via the Delimitation Commission, the Emergency-era 42nd amendment froze seat allocation to the population share of states in the 1971 Census.
    • Equity consideration in central allocation to states: The division of central allocation to states is another area where population concerns have dominated equity considerations.
    • Much of the Centre-state revenue sharing occurs through recommendations of various Finance Commissions.
    • The sixth to fourteenth Finance Commissions allocated resources between states using the 1971 population shares of various states.
    • The Fifteenth Finance commission used Census data from 2011, but it also added the criteria of demographic performance, rewarding states with lower TFR.

    Type of demographic policy India needs to pursue

    • Pursue policy followed by China? Does India want to pursue China’s route of sharply lower fertility, with a large number of families stopping at one child, or are we content with moderately below replacement fertility of about 1.7-1.8?
    • If the latter, we are well-positioned to head in this direction.
    • Issues faced by China: while very low fertility provides a temporary demographic dividend with a reduced number of dependents to workers, the increased burden of caring for the elderly may become overwhelming over the long term.
    • Advantage of Regional demographic variation in India: India is fortunate that its demographic dividend may be smaller, but is likely to last for a more extended period due to regional variation in the onset of the fertility decline.
    • As southern states struggle with the growing burden of supporting the elderly, northern states will supply the workforce needed for economic growth.
    • Economic expansion: The increasing pace of migration may help shore up economic expansion in the south with its shrinking workforce augmented by workers from other states.

    Consider the question “Examine the influence of regional demographic variation on the fedaralism in India? How such variation can help India?”

    Conclusion

    The Sixteenth Finance Commission and the next Delimitation Commission must be freed from the burden of managing the demographic transition, focused on carrying out their tasks in the best interests of Indian federalism.

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