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GS Paper: GS2

  • Judicial selection needs more than a tweak

    In recent weeks, the Supreme Court of India’s collegium has been busy. New judges have been appointed to the Court on its advice and long overdue vacancies have been filled up.

    Read this before proceeding:

    Collegium recommends nine judges for Supreme Court

    What is the matter of concern?

    Ans. Transparency in appointments

    • These recommendations are seen as reflective of a new and proactive collegium.
    • What ought to concern us, though, is that long-standing apprehensions about the collegium’s operation remain unaddressed: specifically, its opacity and a lack of independent scrutiny of its decisions.
    • These misgivings are usually seen in the context of a battle between the executive and the judiciary.
    • Less evident is the effect that the failings have on the status of the High Courts.
    • Today, even without express constitutional sanction, the collegium effectively exercises a power of supervision over each of the High Courts.

    No specified reasons for Exclusion

    • For nearly two years, despite vacancies on the Bench, the collegium made no recommendations for appointments to the Supreme Court.
    • The conjecture in the press was that this logjam owed to a reluctance amongst some of its members to elevate Justice Akil Kureshi to the Court.
    • Indeed, it was only after a change in its composition that the panel recommended on August 17 a list of names for elevation. This list did not contain Justice Kureshi’s name.
    • The perfunctory nature of the collegium’s resolutions means that we do not know the reasons for his exclusion.
    • We also do not know why five Chief Justices, including Justice Kureshi, and several other puisne judges are now being transferred to different courts.

    The public has right to know

    • This is not to suggest that these decisions are unfounded. It is possible that each of the choices made is predicated on administrative needs.
    • But whatever the rationale, surely the public has a right to know.

    What is needed?

    Ans. Striking a balance in Separation of Power

    • Separation of powers is a bedrock principle of Indian constitutionalism. Inherent in that idea is the guarantee of an autonomous judiciary.
    • To that end, the process of appointing and transferring judges assumes salience.
    • But the question of how to strike a balance between the sovereign function of making appointments and the need to ensure an independent judiciary has long plagued the republic.

    As suggested by Dr. Ambedkar

    • The Constitution’s framers wrestled over the question for many days. Ultimately, they adopted what Dr. B.R. Ambedkar described as a “middle course”.
    • That path stipulates the following: Judges to the Supreme Court are to be appointed by the President of India in consultation with the Chief Justice of India (CJI) and such other judges that he deems fit.
    • Judges to the High Courts are to be appointed by the President in consultation with the CJI, the Governor of the State and the Chief Justice of that court.
    • In the case of transfers, the President may move a judge from one High Court to another, after consulting the CJI.

    Where does primacy rest?

    Ans. In a transparent Collegium system

    • In this design, there is no mention of a “collegium”.
    • But since 1993, when the Supreme Court rendered a ruling in the Second Judges Case, the word consultation has been interpreted to mean “concurrence”.
    • What is more, that concurrence, the Court held there, ought to be secured not from the CJI alone, but from a body of judges that the judgment described as a “collegium”.
    • Thus, the Court wound up creating a whole new process for making appointments and transfers and carved out a system where notional primacy came to rest in the top echelons of the judiciary.

    This procedure has since been clarified.  But there is, in fact, no actual guidance on how judges are to be selected.

    The NJAC and after

    • In 2015, Parliament sought to undo the procedures put in place by the Court through the 99th Constitutional Amendment.
    • The National Judicial Appointments Commission (NJAC), that the law created, comprised members from the judiciary, the executive, and the lay-public.
    • But the Court scrapped the efforts to replace the collegium and it held in the Fourth Judges Case that judicial primacy in making appointments and transfers was an essential feature of the Constitution.
    • In other words, the Court held that a body that found no mention in the actual text of the Constitution had assumed a position so sacrosanct that it could not be touched even by a constitutional amendment.

    Assessing the NJAC

    Ans. The NJAC was far from perfect

    • There were legitimate fears that the commission might have resulted in the appointment of malleable judges.
    • Therefore, it is plausible to argue that until a proper alternative is framed, the collegium represents the best solution.
    • This is that allowing senior judges of the Supreme Court primacy in matters of appointments and transfers is the only practical way to guarantee the independence of the judiciary.

    Promises are yet unfulfilled over transparency

    • When the Court struck down the NJAC, it also promised to reform the existing system. Six years down the line those promises have been all but forgotten.
    • The considerations that must go into the procedure for selecting judges is left unexplained.
    • The words “merit” and “diversity” are thrown around without any corresponding debates on what they, in fact, mean.
    • Somehow, amidst all of this, we have arrived at a consensus that enveloping a veil over the process of selection is essential to judicial autonomy, and that there is no legitimate reason why the public ought to know how judges are chosen and transferred.

    Way forward

    • It is clear that we have come a long way from a time when Chief Justices of High Courts declined invitations to the Supreme Court, because they valued the work that they were already entrusted with.
    • Restoring High Courts to that position of prestige must be seen as essential to the process of building trust in our Constitution.
    • Achieving this will no doubt require more than just a tweak in the process of appointments.

    Conclusion

    • It is clear is that the present system and the mysteries underlining the decision-making only further dilute the High Courts’ prominence.
    • At some point we must take seriously the task of reforming the existing scheme because the status quo is ultimately corrosive of the very institutions that it seeks to protect.

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  • Why the SAARC meeting was cancelled

    A meeting of foreign ministers from the South Asian Association for Regional Cooperation (SAARC) countries, which was set to be held in New York has been cancelled.

    About SAARC

    • The South Asian Association for Regional Cooperation (SAARC) is the regional intergovernmental organization and geopolitical union of states in South Asia.
    • Its member states are Afghanistan, Bangladesh, Bhutan, India, the Maldives, Nepal, Pakistan and Sri Lanka.
    • The SAARC comprises 3% of the world’s area, 21% of the world’s population and 4.21% (US$3.67 trillion) of the global economy, as of 2019.
    • The SAARC was founded in Dhaka on 8 December 1985. Its secretariat is based in Kathmandu, Nepal.
    • The organization promotes development of economic and regional integration. It launched the South Asian Free Trade Area in 2006.
    • The SAARC maintains permanent diplomatic relations at the United Nations as an observer and has developed links with multilateral entities, including the European Union.

    Formation of SAARC

    • After the USSR invaded Afghanistan in 1979, the security situation in South Asia rapidly deteriorated. In response, the foreign ministers of the initial seven members met in Colombo in 1981.
    • At the meeting, Bangladesh proposed forming a regional association that would meet to discuss matters such as security and trade.
    • While most of the countries present were in favour of the proposal, India and Pakistan were sceptical.
    • Eventually, both countries relented and in 1983 in Dhaka, joined the other five nations in signing the Declaration.

    What has SAARC done so far

    • Despite its lofty ambitions, SAARC has not become a regional association in the mould of the European Union or the African Union.
    • Its member states are plagued by internal divisions, most notably the conflict between India and Pakistan.
    • This in turn has hampered its ability to form comprehensive trade agreements or to meaningfully collaborate on areas such as security, energy and infrastructure.
    • The 18th and last SAARC summit was held in 2014 with Pakistan scheduled to host the 19th summit in 2016.
    • Many nations pulled out of the summit, citing fears of regional insecurity caused by Pakistan and a lack of a conducive environment for the talks.

    Limited success to count

    • Despite these setbacks, SAARC has achieved a modicum of success.
    • It has provided a platform for representatives from member countries to meet and discuss important issues, something that may have been challenging through bilateral discussions.
    • India and Pakistan for example would struggle to publicly justify a meeting when tensions between the two are particularly high, but representatives from both countries could come together under the banner of SAARC.
    • The bloc has also made some headway in signing agreements related to climate change, food security and combatting the Covid-19 crisis.
    • It has the potential to do far more but that is contingent upon cooperation on key issues between member states.

    Why was the recent meet cancelled?

    Ans. Pakistan’s insistence to include the Taliban

    • The member states are unable to agree upon the participation of Afghanistan, with Pakistan and India in particular at loggerheads over the issue.
    • After Pakistan objected to the participation of any official from the previous Ghani administration, SAARC members reportedly agreed to keep an “empty chair” as a symbolic representation of Afghanistan.
    • However, Islamabad later insisted that the Taliban be allowed to send its representative to the summit, a notion that all of the other member states rejected.
    • After no consensus could be formed, Nepal, the ‘host’ of the summit, officially cancelled the meeting.

    Why did countries object?

    Ans. Taliban is not a legitimate govt

    • The Taliban has not been recognised as the official government of Afghanistan by any SAARC countries barring Pakistan.
    • Several top Taliban leaders are blacklisted by the US and/or designated as international terrorists.
    • Senior leaders who are not blacklisted are known for supporting terrorist activities or affiliating with terrorist organisations.
    • Allowing Taliban to represent Afghanistan in SAARC would legitimise the group and serve as a formal recognition of their right to govern.
    • Apart from Pakistan, which has close ties to the Taliban, particularly its violent subgroup, the Haqqani Network, none of the other SAARC members recognise the Taliban.

    Why nations should not recognize the Taliban?

    • PM Modi has referred to the Taliban as a non-inclusive government, warning other nations to think before accepting the regime in Afghanistan.
    • SAARC members are deeply aware of the threat of spillover terrorism from Afghanistan under the Taliban regime, with Bangladesh in particular, concerned with the effect it may have on extremism.
    • Developments in Afghanistan could lead to uncontrolled flow of drugs, illegal weapons and human trafficking.

    Conclusion

    • With Pakistan headfast in its support for the Taliban and the rest of SAARC weary to acknowledge the group, any future summit is unlikely until the issue has been resolved.

  • The big deal behind the ruckus over AUKUS

    The announcement of the new Australia-U.K.-U.S. (AUKUS) trilateral security pact has naturally generated animated debate in strategic circles, before the QUAD summit.

    What is the AUKUS?

    • The first major initiative of AUKUS would be to deliver a nuclear-powered submarine fleet for Australia.
    • The nuclear-powered submarines will give Australia naval heft in the Pacific, where China has been particularly aggressive.
    • While the US and Britain have had the capability for decades, Australia has never had an n-sub.

    Motive: To counter China

    • China has nuclear-powered submarines, as well as submarines that can launch nuclear missiles.
    • The three signatories to the AUKUS deal have made it clear though, that their aim is not to arm the new subs with nuclear weapons.
    • China has been one of Australia’s biggest trading partners, but the relationship has soured over the last few years.
    • It was in consideration of Chinese sensibilities that Australia had pulled out of the Malabar Naval Exercise with the US, India, and Japan after participating in the 2007 edition (of which Singapore too, was part).
    • Australia came back to Malabar in 2020, which marked the first time in 13 years that the navies of the four Quad nations war-gamed together.

    Australia at the Centrestage

    • This is primarily because a nuclear-powered submarine gives a navy the capability to reach far out into the ocean and launch attacks.
    • A nuclear-powered submarine offers long distances dives, at a higher speed, without being detected gives a nation the ability to protect its interests far from its shores.
    • In the context of the AUKUS agreement, nuclear-powered submarines will give the Royal Australian Navy the capability to go into the South China Sea.
    • It conclusively puts to rest a long-standing domestic debate on whether it was time for Australia to assess China through the strategic lens, overcoming the purely mercantile considerations that tended to dominate its China policy.

    What makes nuclear submarines so important?

    • A nuclear-powered submarine is classified as an “SSN” under the US Navy hull classification system, wherein ‘SS’ is the symbol for submarine, and ‘N’ stands for nuclear.
    • A nuclear-powered submarine that can launch ballistic missiles is called “SSBN”.
    • Conventional diesel-engine submarines have batteries that keep and propel — though not very fast — the vessel underwater. The life of these batteries can vary from a few hours to a few days.
    • The newer Air-Independent Propulsion (AIP) submarines have additional fuel cells that allow them to stay underwater for longer and move faster than the conventional vessels.
    • However, the fuel cells are used only at strategic times, when the endurance to remain submerged is required.
    • Both conventional and AIP subs need to come to the surface to recharge their batteries using the diesel engine.
    • The diesel engine also propels the vessel on the surface. However, the fuel cells of AIP can only be charged at on-land stations, not while at sea.

    Why is France unhappy about Australia getting these submarines?

    • The deal has complicated the relations between France and Australia, and also France and the US.
    • France is upset as it has been kept out of the loop. But, with the core objective of pushing back against China’s aggression, all five countries — US, UK, Australia, France and India — are on the same track.
    • The deal between France and Australia had been marked by delays and other issues.
    • The first submarine was expected to be operational around 2034.

    Does India have nuclear-powered submarines?

    • Yes, India is among the six nations that have SSNs. The other five are the US, the UK, Russia, France and China.
    • India has had the capacity since it got the Soviet-built K-43 Charlie-class SSN in 1987.
    • Commissioned with the Red Fleet of the USSR in 1967, it was leased to the Indian Navy, and was rechristened INS Chakra. The submarine was decommissioned in 1991.

    Indo-Pacific is the core issue

    • France, which like the UK has historically been an Indo-Pacific power with territories and bases across the region.
    • It has participated in a multi-nation naval exercise in the Bay of Bengal with the four Quad nations.
    • There is no gainsaying the fact that rapid accretion in China’s economic and military capacities, but more particularly its belligerence, has led to a tectonic shift in regional security paradigms.
    • Several countries have been obliged to review their defence preparedness in response to China’s rising military power and its adverse impact on regional stability.

    A chance for the UK

    • The AUKUS pact is also an emphatic assertion of the relevance of the U.S.-Australia Security Treaty (ANZUS).
    • New Zealand, the outlier, walked away in 1984 from the treaty that ironically still bears its initials.
    • Its “nuclear-free” stance ran counter to the U.S. Navy’s non-disclosure policy in regard to nuclear weapons aboard visiting vessels.
    • Close ties notwithstanding, Australia’s future fleet of nuclear submarines will not be permitted access to New Zealand’s ports or waters, as averred by PM Jacinda Ardern.
    • AUKUS provides a fresh opportunity to the United Kingdom to reinsert itself more directly into the Indo-Pacific.
    • It is already a member of the Five Eyes (FVEY), an intelligence-sharing alliance built on Anglo-Saxon solidarity (Australia, Canada, New Zealand, the U.K., and the U.S.).

    AUKUS is not a substitute for the Quad

    • It does not erode the Quad’s significance as a platform for consultations and coordination on broader themes of maritime security, free and open trade, health care, critical technologies, supply chains and capacity-building.
    • The AUKUS submarine deal, on the other hand, is an undiluted example of strategic defence collaboration, and a game-changer at that.

    Chinese reception of AUKUS

    • China, expectedly, has strongly criticised AUKUS and the submarine deal as promoting instability and stoking an arms race.

    The exposed double standards

    • China has the world’s fastest-growing fleet of sub-surface combatants.
    • This includes the Type 093 Shang-class nuclear-powered attack submarine (SSN) and the Type 094 nuclear-powered Jin-class ballistic missile submarine (SSBN).
    • Its nuclear submarines are on the prowl in the Indo-Pacific.
    • Yet, China denies Australia and others the sovereign right to decide on their defence requirements.

    What’s in the box of AUKUS?

    Ans. Greater role for Australia

    • Australia’s proposed nuclear submarines will give quite a punch in terms of a stand-off capability.
    • The growing focus on anti-submarine warfare across a more expansive region is clearly altering calculations.
    • Australia’s nuclear submarines would help create a new balance of power in the Indo-Pacific, especially in tandem with the U.S. and the U.K.
    • It will now have a more meaningful naval deterrence of its own to protect its sovereign interests.
    • It is set to play a more robust role in ensuring peace and stability in the Indo-Pacific.

    Way forward

    • The setback ‘down under’ may spur France to focus afresh on partners such as India.
    • India must strike a balance between continuing imports and implementing the all-important Atmanirbhar Bharat in defence manufacturing.
    • France should take AUKUS as a business deal.
    • Its momentary reaction at the cancellation of the contract by Australia should soon subside.
    • As a major Indo-Pacific power, France is an important part of the regional security calculus.

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  • Kasturirangan panel for National Curriculum Framework

    The Centre has started the process to revise school textbooks by appointing former Indian Space Research Organisation (ISRO) chairman K. Kasturirangan as the head of a 12-member steering committee responsible for developing a new National Curriculum Framework (NCF).

    National Curriculum Framework (NCF)

    • The new NCF is in line with the National Education Policy (NEP) 2020.
    • The committee will be headed by K Kasturirangan, who had also led the NEP 2020 drafting committee.
    • The national curriculum framework serves as a guideline for syllabus, textbooks, teaching and learning practices in the country.
    • India is currently following its fourth national curriculum framework that was published by the NCERT in 2005.

    What was the last NCF?

    • The last such framework was developed in 2005.
    • It is meant to be a guiding document for the development of textbooks, syllabi and teaching practices in schools across the country.

    Why revamp NCF?

    • The subsequent revision of textbooks by the National Council of Educational Research and Training will draw from the new NCF.
    • In fact, the steering committee will develop four such frameworks, one each to guide the curriculum of school education, teacher education, early childhood education, and adult education.

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  • What is Havana Syndrome?

    A US intelligence officer traveling with CIA director William Burns has reported symptoms of Havana Syndrome.

    What is Havana Syndrome?

    • Havana Syndrome refers to a set of mental health symptoms that are said to be experienced by US intelligence and embassy officials in various countries.
    • It typically involves symptoms such as hearing certain sounds without any outside noise being present, nausea, vertigo and headaches, memory loss and issues with balance.
    • As the name suggests, it traces its roots to Cuba.
    • In late 2016, US officials in embassy began experiencing sudden bursts of pressure in their brain followed by persistent headaches, feeling of disorientation and insomnia.

    How severe is it?

    • In 2018, at least three CIA officers working under diplomatic cover in Cuba had reported troubling sensations that seemed to leave serious injuries.
    • Some officers are being compulsorily retired for their inability to coherently discharge his duty and another needing a hearing aid.

    Has Havana Syndrome been reported anywhere else?

    • Since the Cuban incident, American intelligence and foreign affairs officials posted in various countries have reported symptoms of the syndrome.
    • In early 2018, similar accusations began to be made by US diplomats in China.
    • The US media has reported around 130 such attacks across the world including at Moscow in Russia, Poland, Georgia, Taiwan, Colombia, Kyrgyzstan, Uzbekistan, and Austria, among others.

    What are the causes of Havana Syndrome?

    • No one is entirely sure. But it is speculated to be a “sonic attack”.
    • Medical examination of the victims began to suggest that the victims may have been subjected to high-powered microwaves that either damaged or interfered with the nervous system.
    • It was said to have built a pressure inside the brain that generated the feeling of a sound being heard.
    • Greater exposure to high-powered microwaves is said not only to interfere with the body’s sense of balance but also impact memory and cause permanent brain damage.
    • It is suspected that beams of high-powered microwaves are sent through a special gadget that Americans have begun calling “microwave weapon”.

    Who is doing this in India?

    • Sources in the Indian security establishment say they are not aware of any such weapon being in the possession of an Indian agency.
    • Even if there was one, it is unlikely the government would admit to having acquired such counter-espionage technology given the sensitive nature of intelligence work.

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  • Is there a role for India in divided AUKUS?

    Context

    France recalled its ambassadors to the US and Australia in a diplomatic slap intended to convey its anger over a deal forged in secrecy that saw Paris lose a multi billion dollar submarine contract.

    Depth and diversity of India’s relations

    • That Delhi today is a part of a difficult conversation between the US, UK, France, Europe, and Australia points to the growing depth and diversity of India’s relations with different parts of the West.
    • Popular and academic discourse on India’s foreign policy has been obsessed with the concept of “non-alignment” —was about keeping distance from the West as a whole.
    • India’s contemporary diplomacy, in contrast, takes a nuanced view of internal dynamics in the West, and recognises the political agency of individual states, and develops wide-ranging relationships with the Western nations.

    Relations with France

    • Paris has always taken an independent view of the world, while remaining within the broad framework of the American alliance.
    •  In the 1990s, Paris championed the construction of a multipolar world to constrain American “hyperpower” but India did not join it.
    • The last few years, however, have seen an intensification of India’s strategic engagement with France.
    • For example, India has overcome the earlier reluctance to work with France on Indian Ocean security.

    Engagement as collective and sub-region

    • The government has also stepped up on the political engagement with Europe as a collective as well as its sub-regions — from Baltics to the Balkans and from Iberia to Mitteleuropa.
    •  As India discovers that every European nation, from tiny Luxembourg to a rising Poland, has something to offer, Europe has become a thriving hub of India’s international relations.

    Relations with the UK

    • Due to the bitter colonial legacy, relations between India and UK have always been underdeveloped.
    • In the last couple of years, India has made a determined effort to build a new partnership with Britain, which is the fifth-largest economy in the world, a leading financial hub, a technological powerhouse, and punches well above its weight in global affairs.

    Relations with “Anglosphere”

    • India’s neglect of London also meant Delhi had no time for the “Anglosphere” that binds the UK to Australia, Canada, and New Zealand.
    • Many had presumed that the Anglosphere was irrelevant — AUKUS, however, is a reminder that Anglo-Saxon political bonds endure.
    • Instead of treating the Anglosphere with scepticism, India has begun to vigorously engage with the “settler colonies” that have so much to offer India — from natural resources to higher education and critical technologies.
    • The UK and its settler colonies have long been the preferred destination for the Indian diaspora (besides the US).
    • Leveraging diaspora politics: While the diaspora tends to connect the domestic politics of the Anglosphere with that of India, Delhi is figuring out that the diaspora politics can be played both ways.

    Relations with Japan and Australia

    • The transformation of India’s relations with Australia has occurred despite entrenched scepticism in the foreign policy bureaucracy.
    • Finally, Japan has been a part of the West in the post-War era and Delhi’s relations with Tokyo have never been as rounded as they are today. They are also fellow members of the Quad.

    Way forward for India

    • This wide-ranging engagement with the West should help Delhi convey two important messages to its partners this week.
    • Not undermining the larger goal: India needs to remind France, Australia, the UK and US of the shared interests in securing the Indo-Pacific and the dangers of letting the current quarrel undermine that larger goal.
    • Effective deterrence in Indo-Pacific: The other is to highlight the region’s vast requirements for effective deterrence in the Indo-Pacific;
    • And that there is enough room for the US, UK, France, and Europe to collaborate with Indo-Pacific partners in overlapping coalitions to develop high technology and defence-industrial cooperation in all the areas highlighted by AUKUS — effective underwater capabilities to AI, quantum computing and cyber warfare.
    • Deeper cooperation: India’s interests lie in deeper strategic cooperation with France and Europe as well as the Quad and the Anglosphere.

    Conclusion

    India’s diverse relationships in the West must be deployed in full measure to prevent a split in the Indo-Pacific coalition.

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  • Front-of-pack labelling of Food Stuffs

    Seven years, four committees and two draft regulations later, India still does not have a clear labelling system to warn consumers about harmful levels of fat, salt and sugar in processed foods.

    Context

    • According to the Food Safety and Standards (Packaging and Labelling) Regulations, 2011, every pre-packed processed food product sold in the country must be labelled with nutritional information.
    • To ensure that consumers are able to easily see and interpret the nutritional information on food packets, an expert committee was established by the Food Safety and Standards Authority of India (FSSAI).
    • The committee, set up following an order of the Delhi High Court which was hearing a public interest petition seeking a ban on the sale of junk food in and around schools.

    Why label nutritional information?

    • This helps the consumer know everything about the food they buy and make an informed decision about what and how much to eat.
    • Such information is particularly crucial because the packaged food contain ultra-processed foods that are high in fat, salt or sugar and low in fibre and other essential micronutrients.
    • On the one hand, these foods cause malnutrition.
    • On the other hand they are linked strongly with obesity and diet-related non-communicable diseases, such as Type-2 diabetes, hypertension, heart ailments and certain cancers, like that of the colon.
    • All these increase the risk of premature death.

    Issues with labelling in India

    • Most products provide information in English understanding which can be daunting for a vast number of people in India.

    What is FoP labelling?

    • The front-of-pack (FoP) labelling system has long been listed as one of the global best practices to nudge consumers into healthy food choices.
    • It works just the way cigarette packets are labelled with images to discourage consumption.
    • Countries such as Chile, Brazil and Israel have laws to push the packaged food industry to adopt FoP labelling.
    • They have used FoP labelling as a measure to fight obesity and NCDs.

    FoP labelling in India

    • The system is yet to be implemented in India even seven years after it was first proposed by FSSAI.
    • The fact is, makers of packaged foods are also a powerful lot, with strong business acumen.
    • While companies in other countries have acceded to the FoP labelling laws, they are unwilling to do so in India — a country experiencing a dietary shift.

    Why must we have FoP labels?

    • Countries are working to find ways to nudge consumers into healthy food choices and to contain the growing crisis of obesity and diet-related non-communicable diseases (NCDs).
    • It is a crisis that increasingly impacts children and also exacerbates novel coronavirus disease (COVID-19) symptoms. Front-of-pack (FoP) labelling is definitely an effective tool in this effort.

    India definitely needs ‘warning labels’ on front-of-pack, but this must be a symbol-based label with no text and numbers. This is because:

    (1) Junk foods have high levels of unhealthy nutrients

    • There is strong evidence that sugar, salt and fat in junk foods are addictive, like nicotine in tobacco.
    • FoP ‘warning’ labels have helped reduce cigarette consumption. It is time we adopted the same for junk foods.

    (2) Warning labels are easy to notice and understand

    • They do not confuse consumers with mixed messages.
    • Their distinct shape, colour and size make them noticeable in the otherwise cluttered and colourful packaging.
    • With one label for one nutrient, it becomes easier to know if a product is high in more than one nutrient.

    (3) Warning labels are the global best practice now

    • At least seven countries have adopted warning labels in the past five years. These include Chile, Peru, Mexico, Israel and Uruguay.
    • Low- and middle-income mothers have shown profound changes in attitudes towards food purchases as they now understand the nutritional content of packaged foods.
    • Even children can read the labels and take an informed decision. This has also forced food companies to reduce the amount of sugar and sodium in foods and beverages.

    (4) They are best suited for India

    • Warning labels are best suited for India as they do not include numbers unlike many other FoP labels.
    • In fact, warning labels that are symbol-based, like that of Israel, can transcend the barriers of literacy and language in India.

    (5) FSSAI has experience of successfully implementing symbol-based FoP labels

    • Its “green filled circle in green outlined square” logo to depict vegetarian food has been hugely successful in informing consumers.
    • In recent years, FSSAI also has made similar laws to depict fortification (+F logo) and organic food (a green-coloured tick for Jaivik Bharat logo).

    Way forward

    • FoP labels must include information on nutrients that make food injurious to health.
    • This should be distinct from the details on the back-of-pack. FoP labels should aim to inform the consumer, while the back-of-pack label serves the purpose of scientific compliance and enforcement.
    • FoP labels should have information on ‘total sugar’ and not ‘added sugar’. There is no analytical laboratory method to differentiate ‘added sugar’ from total sugar and quantify it.

     

  • Empathy through education

    Context

    While the National Education Policy (2020) notes numeracy and literacy as its central aims, Social and Emotional Learning should be an equally important goal as it supports skills such as communication, collaboration, critical thinking and creativity.

    What is social and emotional learning (SEL)?

    • SEL is the process of learning to recognise and manage emotions and navigate social situations effectively.
    • SEL is foundational for human development, building healthy relationships, having self and social awareness, solving problems, making responsible decisions, and academic learning.
    • Neurobiologically, various brain regions such as the prefrontal and frontal cortices, amygdala, and superior temporal sulcus are involved in the cognitive mechanisms of SEL.
    • Brain systems that are responsible for basic human behaviour, such as getting hungry, may be reused for complex mechanisms involved in SEL.
    • Despite its importance to life, SEL is often added as a chapter in a larger curriculum rather than being integrated in it.
    • The pandemic has brought unprecedented challenges for SEL as school closures reduced opportunities for students to deepen social relationships and learn collaboratively in shared physical spaces.
    • Even with parental involvement, the challenge of an inadequate support system for SEL remains.

    Way forward

    • Perhaps we can contextually adapt best practices from existing models.
    • A starting point would be to consider insights from the Indian SEL framework:
    • One, the application of SEL practices should be based on students’ socioeconomic backgrounds.
    • Two, SEL strategies of caretakers and educators must align with one another.
    • Three, long-term success requires SEL to be based on scientific evidence.

    Conclusion

    As a sustainable development goal outlines, policymakers now have to ensure that future changes prioritise “inclusive and equitable quality education and promote lifelong learning opportunities for all.” Importantly, the onus lies on all of us to make individual contributions that will drive systemic change.

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  • Need for ‘Indianization’ of Legal System: CJI

    Chief Justice of India NV Ramana has asserted the need for the “Indianisation of our legal system”, pointing out that the colonial system being followed currently may not be best suited to the complexities of India.

    Prospects of Indianization by CJI

    • CJI meant that the need to adapt to the practical realities of our society and localize our justice delivery systems.
    • For example, parties from a rural place fighting a family dispute are usually made to feel out of place in the court.
    • They do not understand the arguments or pleadings which are mostly in English, a language alien to them.
    • These days judgments have become lengthy, which further complicates the position of litigants.
    • For the parties to understand the implications of a judgment, they are forced to spend more money.
    • For whom do the court’s function, the CJI asked. For the litigants, who are the “justice seekers”. They are the ultimate beneficiaries.

    What did CJI say?

    • CJI has said the ordinary Indian feels out of place in our courts where proceedings are lengthy, expensive and in English.
    • Besides, judgments are either too long or technical or manage to be both.
    • It is time for courts to wake up from their colonial stupor and face the practical realities of Indian society.
    • Rules and procedures of justice delivery should be made simple.
    • The ordinary, poor and rural Indian should not be scared of judges or the courts.

    Reasons for Indianization

    • Multiple barriers continue to thwart the citizen’s way to the courts.
    • The working and the style of courts do not sit well with the complexities of India.
    • The systems, practices and rules of courts are foreign and sourced from our colonial days. They do not take care of the practical realities of India.

    Major suggestions by CJI:

    (A) Simplification

    • The simplification of justice delivery should be our pressing concern.
    • It is crucial to make justice delivery more transparent, accessible and effective.
    • Procedural barriers often undermine access to justice.
    • The Chief Justice said both judges and lawyers have to create an environment which is comforting for the litigants and other stakeholders.

    (B) Alternate dispute mechanisms

    • The CJI said alternate dispute mechanisms like mediation and conciliation would go a long way in reducing pendency, unnecessary litigation and save resources.

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  • Deployment of Facial Recognition Systems (FRS) in India

    India has seen a rapid deployment of Facial Recognition Systems (FRS) in recent years, both by the Centre and State governments, without putting in place any law to regulate their use.

    Facial Recognition System

    • A FRS is a technology capable of matching a human face from a digital image or a video frame against a database of faces.
    • It is typically employed to authenticate users through ID verification services, works by pinpointing and measuring facial features from a given image.

    Why in news?

    • There is a growing unabated use of this potentially invasive technology without any safeguards.
    • This poses a huge threat to the fundamental rights to privacy and freedom of speech and expression of the citizens.

    FRS in India

    • Currently, 18 FRSs are in active utilisation by the Centre and State governments for the purpose of surveillance, security and authentication of identity.
    • 49 more systems are in the process of being installed by different government agencies.
    • Delhi Police was the first law enforcement agency in the country to start using the technology in 2018.
    • Only Telangana is ahead of Delhi at present with four facial recognition systems in active utilization for surveillance and authentication of identity.

    Judicial scrutiny of the move

    • States say that they are authorized by the Delhi High Court in terms of the decision in the case of ‘Sadhan Haldar vs NCT of Delhi’.
    • In that particular case, the High Court had authorized the Delhi police to obtain facial recognition technology for the purpose of tracking and reuniting missing children.
    • FRS may be used in the investigation in the interest of safety and security of the general public.

    A potential mis-use?

    Ans. Can’t say!

    • Activists pointed out that Delhi Police was now using the FRS, which was meant for tracking missing children, for wider security and surveillance and investigation purpose.
    • There is a “function creep” happening with Police gradually using the technology beyond its intended purpose.
    • For example, the use of FRS to identify accused who took part in the farmers’ tractor rally violence in January this year.

    Need of the hour

    Ans. Bring accountability

    • Surveillance of any kind happens in secret and the people generally don’t know that they are being watched.
    • The idea behind is to bring light to the fact that these technology systems are being used without any laws in place to regulate them.
    • Police and state authorities should use such technologies for specific and special purposes with proper authorization.

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