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  • US moves to rejoin UN Human Rights Council

    The Biden administration is set to reengage with the much-maligned UN Human Rights Council that former Donald Trump withdrew from almost three years ago.

    Try this PYQ:

    Q.Consider the following:

    1. Right to education.
    2. Right to equal access to public service.
    3. Right to food.

    Which of the above is/are Human Right/Human Rights under “Universal Declaration of Human Rights”?

    (a) 1 and 2 only

    (b) Only 1

    (c) 1, 2 and 3

    (d) Only 3

    Why did the US pulled-out earlier?

    • Trump pulled out of the world body’s main human rights agency in 2018 due to its disproportionate focus on Israel.
    • Israel had received by far the largest number of critical council resolutions against any country.
    • The Trump administration took issue with the body’s membership, which currently includes China, Cuba, Eritrea, Russia and Venezuela, all of which have been accused of human rights abuses.

    About UN Human Rights Council

    • The UNHRC describes itself as “an inter-governmental body within the UN system responsible for strengthening the promotion and protection of human rights around the globe.
    • It addresses situations of human rights violations and make recommendations on them.
    • The first session took place from June 19-30, 2006, three months after the Council was created by UN General Assembly Resolution 60/251 on March 15 that year.
    • The UNHRC has the ability to discuss all thematic human rights issues and situations that require its attention throughout the year.
    • The HRC replaced the former United Nations Commission on Human Rights (UNCHR).

    HRC Meetings

    • The Human Rights Council holds no fewer than three regular sessions a year, for a total of at least 10 weeks.
    • The meetings take place for four weeks in March, for three weeks in June, and for another three weeks in September.
    • The sessions are held at the UN Office in Geneva, Switzerland.
    • If one-third of the Member States so request, the HRC can decide at any time to hold a special session to address human rights violations and emergencies.

    Membership

    • The Council is made up of 47 UN Member States, which are elected by the UNGA through a direct and secret ballot.
    • The General Assembly takes into account the contribution of the candidate states to the promotion and protection of human rights, as well as their voluntary pledges and commitments in this regard.
    • Members of the Council serve for a period of three years and are not eligible for immediate re-election after serving two consecutive terms.
    • As of January 1, 2019, 114 UN Member States have served on the HRC. Both India and Pakistan are on this list.
    • The HRC has a Bureau of one President and four Vice-Presidents, representing the five regional groups. They serve for a year, in accordance with the Council’s annual cycle.

    Seat distribution

    • African States: 13 seats
    • Asia-Pacific States: 13 seats
    • Latin American and Caribbean States: 8 seats
    • Western European and other States: 7 seats
    • Eastern European States: 6 seats
  • Prevention of Insults to National Honour Act

    Police have booked several under The Prevention of Insults to National Honour Act, 1971, for the alleged insult of the National Flag in farmers protest on Republic Day.

    Prevention of Insults to National Honour Act

    • The law, enacted on December 23, 1971, penalizes the desecration of or insult to Indian national symbols, such as the National Flag, the Constitution, the National Anthem, and the Indian map, as well as contempt of the Constitution of India.
    • Section 2 of the Act deals with insults to Indian National Flag and Constitution of India.

    Do you know?

    Article 51 ‘A’ contained in Part IV A i.e. Fundamental Duties asks:

    To abide by the constitution and respect its ideals and institutions, the National Flag and the National Anthem in clause (a).

    Other provisions

    • Section 3.22 of The Flag Code of India, 2002 deals with laws, practices and conventions that apply to the display of the national flag.
    • Section 3.58 says: On occasions of State/Military/Central Paramilitary Forces funerals, the flag shall be draped over the bier or coffin with the saffron towards the head of the bier or coffin.
    • The Flag shall not be lowered into the grave or burnt in the pyre.

    Try this PYQ:

    Q.The national motto of India, ‘Satyameva Jayate’ inscribed below the Emblem of India is taken from:

    (a) Katha Upanishad

    (b) Chandogya Upanishad

    (c) Aitareya Upanishad

    (d) Mundaka Upanishad

    Use of flag in funerals

    • The flag can only be used during a funeral if it is accorded the status of a state funeral.
    • Apart from police and armed forces, state funerals are held when people who are holding or have held the office of President, Vice-President, PM, Cabinet Minister, or state CM pass away.
    • The status of a state funeral can be accorded in case of death of people not belonging to the armed forces, police or the above-mentioned categories by the state government.
    • Then too, the national flag can be used.
  • FSSAI caps transfats in foods

    The FSSAI has amended its rules to put a cap on trans fatty acids (TFAs) in food products just weeks after it tightened the norms for oils and fats.

    What are the new rules?

    • Food products in which edible oils and fats are used as an ingredient shall not contain industrial Trans fatty acids more than 2% by mass of the total oils/fats present in the product, on and from 1st January 2022.
    • In December, the FSSAI had capped TFAs in oils and fats to 3% by 2021, and 2% by 2022 from the current levels of 5%.
    • The 2% cap is considered to be the elimination of trans fatty acids, which is to be achieved by 2022.

    What are Trans Fats?

    • Trans fatty acids are created in an industrial process that adds hydrogen to liquid vegetable oils to make them more solid, increase the shelf life of food items and for use as an adulterant as they are cheap.
    • They are present in baked, fried and processed foods as well as adulterated ghee which becomes solid at room temperature.
    • They are the most harmful form of fats as they clog arteries and cause hypertension, heart attacks and other cardiovascular diseases.

    Why need such regulation?

    • As per the World Health Organisation (WHO), approximately 5.4 lakh deaths take place each year globally because of intake of industrially-produced trans-fatty acids.
    • The WHO has called for the elimination of industrially-produced trans-fatty acids from the global food supply by 2023.
    • The latest FSSAI rules signal the completion of the process of regulating trans fats in India.
    • The move will make a big difference in the health harm caused by this unwanted ingredient.
    • This allows FSSAI and the State-level food safety machinery to focus on implementation and enforcement of the WHO recommendations.
  • Donation reports of only 3.39% registered unrecognized parties available in public domain

    The contribution reports of only 78 (3.39%) of the total 2,301 registered unrecognized political parties are available in the public domain for 2018-19 reports the Association For Democratic Reforms (ADR).

    Classification of Political Parties in India

    (A) National parties

    A registered party is recognised as a national party only if it fulfils any one of the three conditions listed below:

    • A party should win 2% of seats in the Lok Sabha from at least three different states.
    • At a general election to Lok Sabha or Legislative Assembly, the party polls 6% of votes in any four or more states and in addition, it wins four Lok Sabha seats.
    • A party gets recognition as a state party in four states.
    • A party recognised as a National party can be derecognized if it fails to maintain the criteria.

    (B) State parties

    A party has to fulfil any of the following conditions for recognition as a state party:

    • A party should secure at least 6% of valid votes polled in an election to the state legislative assembly and win at least 2 seats in that state assembly.
    • A party should secure at least 6% of valid votes polled in an election to Lok Sabha and win at least 1 seat in Lok Sabha.
    • A party should win a minimum of three per cent of the total number of seats or a minimum of three seats in the Legislative Assembly, whichever is higher.
    • A party should win at least one seat in the Lok Sabha for every 25 seats or any fraction thereof allotted to that State.
    • Under the liberalized criteria, one more clause that it will be eligible for recognition as state party if it secures 8% or more of the total valid votes polled in the state.
  • Privacy concerns over Haryana’s Parivar Pehchan Patra

    Amid concerns over the Parivar Pehchan Patra scheme, the Haryana govt. says enrolment is voluntary. But residents have little choice as the delivery of even birth and death certificates is linked to it.

    Practice question for mains:

    Q.What is Parivar Pehchan Patra (PPP) recently rolled out by Haryana Govt.? How it is beneficial compared to the Aadhaar?

    What is Parivar Pehchan Patra (PPP)?

    • It is an 8-digit Unique Identity Card number meant for each family to enable smooth and automatic delivery of several citizen-centric services.
    • The government will establish the scheme-wise eligibility of a particular family using this 8-digit code according to the information available in the PPP of the family.
    • The benefits, according to the schemes, shall automatically be transferred to the family using the same code.
    • PPP will ensure that not a single beneficiary is left out from the government benefits that they are entitled to.

    How is PPP different from the Aadhaar card?

    • The PPP, mathematically, is an integral number of Aadhaar.
    • While Aadhaar represents an individual as a unit, a PPP represents a family as a unit. Most of our government schemes are structured around the family.
    • It is not structured around an individual.
    • For example, ration eligibility is there for the family but the family can split it into various members as long as they are above 18 years and say they are separating entitlements for all individuals.

    Will it be mandatory for every family of Haryana to get PPP?

    • No, it will not be mandatory for every family of the state to obtain a PPP.
    • But, PPP is mandatory for families availing benefits under government schemes.
    • Also, whenever a family wants to avail any government scheme, it will have to first get a PPP to be eligible.

    The logic behind

    • Haryana officials said although there is a union government’s Aadhaar card, it contains individual’s details and does not cater to the entire family as a unit.
    • In certain circumstances, it may not be possible for a state government to keep track of all the families residing in the state.
    • Although the ration card system is there, it is not updated and does not contain adequate family records.
    • With the PPP, it will be easier for the state government to maintain a complete database of all the state dwellers.

    How would it work?

    • To begin with, the government has already linked PPP with three social security schemes – old age Samman allowance, divyang pension, and the widow and destitute women pension scheme.
    • For instance, when a family member turns 60, they will automatically get a message through the software and will automatically start getting benefits of the old-age pension if they meet the required criteria.
    • Similarly, the teenagers will get messages on turning 18 years old and shall become eligible for various government schemes that will be notified to them through the software.
  • [pib] MCA21 Version 3.0

    The Ministry of Corporate Affairs (MCA) will launch data analytics-driven MCA21 Version 3.0.

    What is MCA 21?

    • MCA21 is an e-Governance initiative of Ministry of Corporate Affairs (MCA) that enables easy and secure access of the MCA services to the corporate entities, professionals and citizens of India.
    • It is the first Mission Mode e-Governance project of GoI.

    Try this PYQ:

    Q.Which one of the following is not a feature of Limited Liability Partnership firm?

    (a) Partners should be less than 20

    (b) Partnership and management need not be separate

    (c) Internal governance may be decided by mutual agreement among partners

    (d) It is a corporate body with perpetual succession

    MCA21 3.0

    • MCA21 V3 is a technology-driven forward-looking project, envisioned to strengthen enforcement, promote Ease of Doing Business, enhance the user experience, and facilitate seamless integration and data exchange among Regulators.
    • The project will have Micro-services architecture with high scalability and capabilities for advanced analytics.
    • It will have additional modules for e-Adjudication, e-Consultation and Compliance Management.
    • Aligned with global best practices and aided by emerging technologies such as AI and ML, MCA21 V3 is envisioned to transform the corporate regulatory environment in India.

    Components of MCA21 V3

    • E-Scrutiny: MCA is in process of setting up a Central Scrutiny Cell which will scrutinise certain Straight Through Process (STP) Forms filed by the corporates on the MCA21 registry and flag the companies for more in-depth scrutiny.
    • E-adjudication: E-adjudication module will provide a platform for conducting online hearings with stakeholders and end to end adjudication electronically.
    • E-Consultation: To automate and enhance the current process of public consultation on proposed amendments and draft rules etc., e-consultation module of MCA21 v3 will provide an online platform.
    • Compliance Management System (CMS): CMS will assist MCA in identifying non-compliant companies/LLPs, issuing e-notices to the said defaulting companies/LLPs etc.
  • The unmet health challenge

    The article analyses the allocation for the health sector in the Budget and highlights the need for more allocations.

    Need to increase spending on health

    • The Economic Survey argues for the need to increase public spending on healthcare to 2.5-3 per cent of the GDP — it’s about 1.5 per cent currently.
    • The Survey points out that there is not much difference in terms of outcomes and quality between healthcare services in the private sector and such services in public centres.
    • The Economic Survey, therefore, calls for strengthening the National Health Mission (NHM) along with Ayushman Bharat.
    • NHM was initiated in 2005-06 to strengthen public health services.
    • The Ayushman Bharat provide social insurance, thereby financing private sector services with public funds. 
    • The Economic Survey makes a strong pitch for greater regulation of health services in the private sector.

    Break-up of allocation in Budget on health (and well being)

    • The finance minister described “health and well-being” as one of the pillars of the budget in her budget speech and announcing a 137 per cent increase in allocations for it.
    • She placed healthcare, water and sanitation and nutrition as the key components of this pillar.
    • However, the figures in the budget documents reveal a different story.
    • There is an absolute increase of 9.6 per cent in allocations for the Department of Health and Family Welfare that includes NHM and Ayushman Bharat.
    • A 26.8 per cent increase for the Department of Health Research and 40 per cent increase for the AYUSH Ministry do not add up to much since each of them are only 3-4 per cent of the total health budget.
    • A Finance Commission grant of Rs 13,000-crore and Rs 35,000-crore for COVID-19 vaccination are one-time allocations and, therefore, do not strengthen the overall system.
    • The core health service and research ministries (H&FW and AYUSH) have together received only an 11 per cent increase.
    • Even in COVID times, the health services get only 2.21 per cent of the total central budget — down from 2.27 per cent in the 2020-21 budget.
    • Computing for inflation, the increase in allocation for health services alone disappears and actually becomes negative.
    • Water and sanitation received a 179 per cent increase from Rs 21,518 crore to Rs 60,030 crore already earmarked for the flagship schemes, Swachh Bharat and Jal Jeevan Mission.
    • But allocation for nutrition decreased by 27 per cent, with the “new” Poshan 2.0 merely combining the poorly performing Supplementary Nutrition Programme and Poshan project.
    • Added together, health, water and sanitation and nutrition make up the claimed 137 per cent increase in allocation to “health” services — with a real decline in healthcare and nutrition.

    Pradhan Mantri Atma Nirbhar Swasthya Yojana (PMANSY)

    • Finance Minister also announced a new scheme, the Pradhan Mantri Atma Nirbhar Swasthya Yojana, to support the almost 29,000 health and wellness centres in the country.
    • The scheme also envisages the creation of public health laboratories and critical care hospital blocks and virology institutes.

    Concerns with PMANSY

    • PMANSY has an announced allocation of Rs 64,180 crore over six years, but it does not find a place in the present budget documents.
    • But these additional activities could have been slotted in the NHM.
    • Since 2014, the allocation for NHM has been on the wane.
    • Therefore, even the marginal 1.33 per cent increase (from Rs 27,039 crore to Rs 30,100 crore) is a demonstration of the government’s realisation that public services do matter.
    • The allocations of about Rs 10,000-Rs 11,000 crore each year for the PMANSY is not enough for making the public services capable of “universal health coverage”.
    • The High-Level Expert Group on Universal Health Coverage had estimated that by 2020, we need a 114 per cent increase in sub-centres and primary health centres, 179 per cent increase in community health centres and a 230 per cent increase in sub-district and district hospitals.
    • Getting anywhere close to this requires doubling of real allocations every year over a five-year period to reach something like 10 per cent of the budget.
    • In the present budget, it declines to a mere 2.21 per cent.

    Way forward

    • If such public provisioning for universal health coverage can’t be done, then effective low-cost rationalised service system options have to be designed.
    • Insurance schemes only create the mirage of affordability of health services while adding to peoples’ expenses.
    • Community and public services are indisputably the most cost-effective for any society.

    Consider the question “Examine the benefits of the idea of health and well being under which health, water and sanitation and nutrition are clubbed together.”

    Conclusion

    Water and sanitation are meaningful for health, but not if it only inflates the allocation to “Health and Wellbeing”. What we need is the real increase in spending on health.

  • Sub-categorization of OBCs: Development so far

    The Centre has extended the tenure of the Commission to Examine Sub-categorisation of Other Backward Classes (OBCs) headed by Justice G Rohini, till 31st July this year.

    Rs 1.92 crore have been spent on the Commission including salary, consultant fee and other expenses and the report is yet to be publicized. It is can be very well understood that the report will have huge political consequences.

    What is the sub-categorisation of OBCs?

    • OBCs are granted 27% reservation in jobs and education under the central government.
    • In September 20202, a Constitution Bench of the Supreme Court reopened the legal debate on sub-categorisation of SCs and STs for reservations.
    • The debate arises out of the perception that only a few affluent communities among over 2,600 included in the Central List of OBCs have secured a major part of this 27% reservation.

    Need for sub-categorization

    • The argument for sub-categorisation — or creating categories within OBCs for reservation — is that it would ensure “equitable distribution” of representation among all OBC communities.
    • To examine this, the Rohini Commission was constituted on October 2, 2017.
    • At that time, it was given 12 weeks to submit its report but has been given several extensions since, the latest one being the 10th.
    • Before the Rohini Commission was set up, the Centre had granted constitutional status to the National Commission for Backward Classes (NCBC).

    What are the Commissions’ terms of reference?

    It was originally set up with three terms of reference:

    1. To examine the extent of inequitable distribution of benefits of reservation among the castes or communities included in the broad category of OBCs with reference to such classes included in the Central List;
    2. To work out the mechanism, criteria, norms and parameters in a scientific approach for sub-categorisation within such OBCs;
    3. To take up the exercise of identifying the respective castes or communities or sub-castes or synonyms in the Central List of OBCs and classifying them into their respective sub-categories.

    The fourth term of reference was added on January 22, 2020, when the Cabinet granted it an extension:

    1. To study the various entries in the Central List of OBCs and recommend correction of any repetitions, ambiguities, inconsistencies and errors of spelling or transcription.

    Why so many extensions are being given?

    • This was added following a letter to the government from the Commission on July 30, 2019.
    • In process of preparing the sub-categorised central list of OBCs, the Commission has noted several ambiguities in the list as it stands now.
    • The Commission is of the opinion that these have to be clarified/rectified before the sub-categorised central list is prepared.

    What progress has it made so far?

    • In its letter to the government on July 30, 2019, the Commission wrote that it is ready with the draft report (on sub-categorisation).
    • Following the latest term of reference given (on January 22, 2020) to the Commission, it is studying the list of communities in the central list.

    How smooth has its work been?

    • A hurdle for the Commission has been the absence of data for the population of various communities to compare with their representation in jobs and admissions.
    • On August 31, 2018, then Home Minister had announced that in Census 2021, data of OBCs will also be collected, but since then the government has been silent on this.
    • Many groups of OBCs have been demanding enumeration of OBCs in the Census.

    What have its findings been so far?

    • In 2018, the Commission analysed the data of 1.3 lakh central jobs given under OBC quota over the preceding five years and OBC admissions to central higher education institutions.
    • The findings were: 97% of all jobs and educational seats have gone to just 25% of all sub-castes classified as OBCs; 24.95% of these jobs and seats have gone to just 10 OBC communities.
    • 983 OBC communities — 37% of the total — have zero representation in jobs and educational institutions; 994 OBC sub-castes have a total representation of only 2.68% in recruitment and admissions.
  • Bill coming on Delhi government and L-G functions

    The Ministry of Home Affairs (MHA) is all set to introduce legislation to amend a 1991 Act pertaining to the powers and functions of the Delhi government and the Lieutenant Governor (LG).

    What is the new bill?

    • The Bill is likely to clearly define the powers of the LG and the Delhi government on the lines of the Supreme Court judgment of February 2019.
    • It is likely to give more teeth to the LG’s office.

    Why need such a law?

    • The Delhi UT government is often at loggerheads with the Centre on administrative matters in the Capital.

    What made it to the news?

    • A Supreme Court Bench of Justices A.K. Sikri and Ashok Bhushan had, other than the question of services, given a unanimous verdict on the role of the two authorities.
    • In the February 14, 2019 verdict, the court upheld as “legal” the MHA’s 2015 notifications authorising the LG to exercise powers in relation to services.
    • It had directed the Anti-Corruption Branch (ACB) police not to take cognizance of offences against Central government officials.

    SC confirms HC findings

    • The apex court confirmed the Delhi High Court’s finding that the ACB’s jurisdiction is confined to Delhi officials and statutory bodies and does not extend to Central government officials.
    • Last year, the MHA notified the rules for the newly created UT of J&K, where it provided a solution in case of difference of opinion between the LG and a Minister.
    • It ruled that if no agreement could be reached even after a month, the decision of the Lieutenant Governor shall be deemed to have been accepted by the Council of Ministers.

    What are the key propositions?

    • According to changes proposed in the new Act, the LG could act in his discretion in any matter that is beyond the purview of the powers of the Assembly of Delhi.
    • This would be in matters related to the All India (Civil) Services and the ACB.

    Back2Basics: Special Status for New Delhi

    • Article 239AA of the Constitution of India granted Special Status to Delhi among Union Territories (UTs) in the year 1991 through 69th constitutional amendment.
    • It provided a Legislative Assembly and a Council of Ministers responsible to such Assembly with appropriate powers.
    • That’s when Delhi was named as National Capital Region (NCT) of Delhi.
    • As per this article – Public Order, Police & Land in NCT of Delhi fall within the domain and control of Central Government which shall have the power to make laws on these matters.
    • For remaining matters of State List or Concurrent List, in so far as any such matter is applicable to UTs, the Legislative Assembly shall have the power to make laws for NCT of Delhi.
  • The way forward in Myanmar

    The article discusses the five lessons from past experiences as the international community frames its response to the military coup in Myanmar.

    Coup in Myanmar

    • After Aung San Suu Kyi’s National League for Democracy (NLD) swept the polls by winning almost 80% of the vote, Myanmar’s military staged a coup and declared a state of Emergency for a year.
    • Myanmar, which started a fragile transition to democracy 10 years ago after decades of brutal military dictatorship, is back in the hands of the Generals.

    Lessons for the international community

    1) Benefits of sanctions

    • The developments in Myanmar will invariably bring back the old debate around the prudence of sanctions.
    • Notwithstanding the western sanctions before 2010 [during military rule], China, Thailand and Singapore were the key trading partners of Myanmar.
    • The present reality is no different.
    • Singapore was reportedly the largest foreign investor in Myanmar in 2020, accounting for 34% of the overall approved investment.
    • Given that the military has been able to economically withstand sanctions by striking deals with Asian countries in the past, sanctions are unlikely to bring any major political change.

    2) Accountability for crime against humanity

    • As political changes got underway in 2010, many generals were on the radar of the international community for perpetuating a regime of human rights abuses, quietly vanished from the scene.
    • This bred a culture of impunity.
    • During the 2017 Rohingya crisis, senior military officials brazenly exploited social media to mobilise public support for brutality against Rohingyas.

    3) China’s influence

    • Three, a critical international player in Myanmar is China.
    • The international community, particularly the West, has to factor in China’s multi-layered influence on Myanmar.

    4) Revival of past international mechanisms

    • Many international mechanisms comprising Western and Asian countries that were formed to coordinate strategies on Myanmar were disbanded after the 2015 election.
    • That the changes in Myanmar were irreversible was the standard thinking.
    • Relevant actors should be brought on a common platform by reviving past mechanisms.

    5) Increasing the engagement with domestic stakeholders

    • The expectation that Myanmar will see a nationwide protest against the military after the coup should be examined with the geographical extent of Bamar, Myanmar’s largest ethnic group, who support the National League for Democracy.
    • The minorities in the country form around 35% of the population.
    • In the current scenario, the military will continue to exploit ethnic and religious fault lines.
    • Engagement with domestic stakeholders, including ethnic minorities, especially from the north, should be pursued by the international community.

    Consider the question “As military hinders Myanmar’s transition to democracy, what are the factors that should be considered by the international community as it form the response to the situation in the country.”

    Conclusion

    There is one consistent lesson, that no change is irreversible, particularly in a context where military leadership scripted the meaning of democracy, and domestic forces and geopolitics continuously fail to deter its actions and impulses to rule.