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GS Paper: GS2

  • The right of life and environment

    The article highlights how climate change impacts the constitutional values and promises by affecting the vulnerable disproportionately and suggest the distinctly Indian paradigm of development.

    How democratic values are threatened by climate change

    • Over the last seven decades, India has made distinct progress, but many core development challenges persist and we are yet to fulfill our constitutional promise.
    • Climate change will only exacerbate existing inequalities through a range of cascading and coinciding crises.
    • These words from the Preamble — justice, liberty, equality, and fraternity — serve as reminders of the daunting path to achieving social democracy, especially in a warming world.
    • B R Ambedkar had said that to maintain democracy not merely in form, but also in fact it was essential not to be content with mere political democracy but to strive for social democracy as well.

    How climate change affects democratic values

    • Climate change is profoundly unjust.
    •  It will increasingly impinge upon our freedom of movement, and that it could deny equality of status and opportunity to millions of disadvantaged citizens like the forest-dwelling communities who have contributed least to the crisis and yet stand to be hit the hardest.
    • The evidence is clear that unless we rapidly move to reduce planet-warming greenhouse gas emissions, vast swathes of India could be inhospitable due to floods, droughts, heatwaves, and increasingly erratic and unpredictable monsoon rains.

    Call for action against climate change

    • The fraternity can particularly serve as a call to action for the powerful to direct their resources towards shaping India’s response to climate change and “assuring the dignity of the individual”, as framed in the Preamble.
    • Indian business and philanthropy can play a key role in building resilience by encouraging innovation, complementing the role of the state, and securing citizens’ legislated rights.
    • Climate philanthropy can help develop and pilot new solutions and inspire ambitious political action.
    • A plethora of opportunities are currently on the margins but could become mainstream drivers for the three key pillars of jobs, growth, and sustainability.
    • A distinctly Indian, climate-friendly development paradigm powered by clean energy could play an integral role in fostering social and economic justice by uplifting millions of Indians.
    • Our nation’s welfare depends on healing the broken relationship between a broken economy and a broken ecology.

    Constitutional mandate to protect the environment

    • The right to life enshrined in Article 21 is increasingly interpreted as a right to environment.
    • When this is read together with Articles 48A and 51A(g), there is a clear constitutional mandate to protect the environment that will only grow more important in the coming decades for citizens and the executive, legislature, and judiciary.
    • Central to these considerations is the need for a uniquely Indian climate narrative, one that is both by and for Indians.

    Consider the question “Our constitutional values must guide us to a distinctly Indian, climate-friendly development paradigm to fulfil the constitutional commitment to its citizens. Comment.”

    Conclusion

    India can build its own pathway to become a climate leader aiming to secure a future where both people and nature can thrive. Much of this work can be rooted in the constitutional framework that binds together millions of Indians despite their myriad differences — a framework that is progressive in scope and ambitious in vision.

  • Back in news: DNA Bill, 2019

    Noted Parliamentarians have filed a dissent to the Parliamentary Standing Committee’s report on DNA Technology (Use and Application) Regulation Bill 2019.

    Q. A statutory protection for private data is necessary for the enforcement of DNA Technology (Use and Application) Regulation Bill, 2019. Critically analyse.

    What is the news?

    • The finalized Draft Report recognizes the potential dangers of indexing the DNA profiles of non- convicts, especially convicts and suspects, it has still retained these objectionable provisions.
    • These MPs have claimed that the Bill does not take into account public concerns over privacy violations and targets Dalit, Muslims and Adivasis by way of DNA sample collection.
    • The fear is that the law could be used for caste or community-based profiling.

    Other issues

    • The bill would not be a panacea to the problems of an inadequate criminal justice system, the MPs stressed.
    • He flagged the example of the United Kingdom, where the number of crimes solved by DNA evidence had been reducing even though the number of profiles in the system was going up.

    DNA Technology (Use and Application) Regulation Bill, 2019

    • The primary intended purpose for the enactment of the bill is for expanding the application of DNA-based forensic technologies to support and strengthen the justice delivery system of the country.
    • The utility of DNA based technologies for solving crimes, and identifying missing persons, is well recognized across the world.
    • Other aims include Speedier justice delivery and an Increased conviction rate.
    • Bill’s provisions will enable the cross-matching between persons reported missing and unidentified dead bodies found in various parts of the country, and also for establishing the identity of victims in mass disasters.
    • By providing for the mandatory accreditation and regulation of DNA laboratories, the Bill seeks to ensure the data remain protected from misuse or abuse in terms of the privacy rights of our citizens.
    • The Bill has two major components: the DNA databanks and the DNA Regulatory Board.

    Criticisms of the Bill

    Matter of Consent

    • Written consent is required from everyone for their DNA samples to be collected, processed, and included in the database except for those who have committed crimes with a punishment of 7+ years or death.
    • However, similarly, specific instruction is missing for the collection of DNA samples for civil matters.
    • Such matters include parentage disputes, emigration or immigration, and transplantation of human organs.
    • The Bill also doesn’t state that the consent has to be voluntary.

    Civil Disputes

    • It is not clear if DNA samples collected to resolve civil disputes will also be stored in the databank (regional or national), although there is no index specific for the same.
    • If they will be stored, then the problem cascades because the Bill also does not provide for information, consent, and appeals.
    • If a person’s DNA data has entered the databank, there is no process specified by which they can have it removed.
    • All of these issues together could violate the right to privacy.

    The authenticity of DNA Labs

    • There’s also the question of whether the DNA labs accredited by the Regulatory Board are allowed to store copies of the samples they analyze.
    • And if so, how the owners of those samples can ensure the data is safe or needs to be removed from their own indices.
    • It’s unclear if the Regulatory Board will oversee other tests performed at the accredited labs.
    • This could become necessary because, unlike one’s biometric data or PAN number, the human genome contains lots of information about every individual.

    Overreaching access to identity

    • So a test undertaken to ascertain a person’s identity by analyzing her DNA will in the process also reveal a lot of other things about that person, including information about their ancestry i.e. information that the individual has a right to keep private.
    • The Bill does not specify which parts of an individual’s DNA can be analyzed to ascertain their identity.
    • The more parts are subjected to analysis, the more conclusively a person’s identity can be established.
    • But this can’t be used as a license to parse more than is necessary because then the DNA lab is also likely to reveal more information than it has the right to seek.

    The way forward: Data protection

    • The bill can become oppressive without a robust data protection law.
    • Statutory protection for private data is critical because it provides a mechanism for enforcement of rights, grievance redressal, and independent oversight.
    • When the data being collected is as sensitive as DNA, it requires additional protection.

  • US-Russia to extend New START Treaty

    The Russian lower house of Parliament, the Duma has ratified a new START nuclear treaty with the US.  Both countries had “agreed in principle” to extend the arms treaty by five years with Joe Biden swearing-in.

    The New START, INF and the Open Skies …. Be clear about the differences of these treaties. For example- to check if their inception was during cold war era etc.

    New START Treaty

    • The New Strategic Arms Reduction Treaty (New START) pact limits the number of deployed nuclear warheads, missiles and bombers and is due to expire in 2021 unless renewed.
    • The treaty limits the US and Russia to a maximum of 1,550 deployed nuclear warheads and 700 deployed missiles and bombers, well below Cold War caps.
    • It was signed in 2010 by former US President Barack Obama and then-Russian President Dmitry Medvedev.
    • It is one of the key controls on the superpower deployment of nuclear weapons.

    A reset to Trumps policies

    • In February 2020, the US withdrew from the 1987 Intermediate-Range Nuclear Forces Treaty (INF), accusing Moscow of violating the agreement.
    • Russian then had proposed a one-year extension without conditions of the last major nuclear arms reduction accord, the New START Treaty between Russia and the U.S.
    • If it had fallen, it could have been the second nuclear weapons treaty to collapse under the leadership of Trump.

  • What is the ‘Top 25’ drive initiated by Mumbai police?

    The Mumbai police have started a drive titled ‘Top 25’ aimed at keeping under check history-sheeters and those they believe could create trouble.

    Preventive detention laws in India have come to be associated with gross and frequent misuse.

    What is the ‘Top 25’ drive of the Mumbai police?

    • The Mumbai police commissioner has asked all police stations in the city to make a list of the “top 25” criminals and ask them to sign a bond of good behavior failing which they would have to pay a fine.
    • The aim is to rein in criminal elements and those the police believe could create a law and order problem in the city.
    • While this practices that is termed “chapter proceedings” has been followed in the past, the amount a person would usually forfeit was around Rs 10,000 – Rs 15,000.
    • Now, the amount has been raised up to Rs 50 lakh.

    How is the police calculating the surety amount now?

    • The police are now going through the bank details and tax returns of the person and the surety amount is set in accordance with the annual income of the offender or his family.
    • The police believe that the threat of having to pay a high amount will act as a deterrent and that a few thousand as surety amount did not have the desired effect.

    What are Chapter Proceedings?

    • Chapter proceedings are preventive actions taken by the police if they fear that a particular person is likely to cause law and order trouble.
    • These proceedings are unlike punitive action taken in case of an FIR with an intention to punish.
    • Here, the police can issue notices under sections of the Code of Criminal Procedure to ensure that the person is aware that creating a nuisance could result in action against him.
    • Recently, the Mumbai police initiated chapter proceedings against an extremely chauvinistic news reporter and media head.

    Rights of the accuse

    • On receiving such notice, a person can appeal before the courts.
    • In fact, in the past, courts have come down strongly against chapter proceedings in some cases.
    • In 2017, while striking down a notice issued to the owner of a bar, the Bombay High Court said: “chapter proceedings cannot be initiated on the basis of an incident of trivial nature”.

    Back2Basics: Arrest vs. Preventive Detention

    An ‘arrest’ is done when a person is charged with a crime. An arrested person is produced before a magistrate within the next 24 hours. In case of preventive detention, a person is detained as he/she is simply restricted from doing something that might deteriorate the law and order situation.

    • Article 22 of the Indian Constitution provides safeguards against the misuse of police powers to make arrests and detentions.
    • Clause (2) of Article 22 reads that every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey.
    • Clause (4) of the article states that no individual can be detained for more than 3 months unless a bench of High court judges or an Advisory board decides to extend the date.
    • Clause (5) states that the detained individual should be made aware of the grounds he/she has been detained (in pursuance of the order) and should provide him/her with an opportunity of making a representation against the case.
    • Parliament may by law prescribe the circumstances under a person may be detained for a period longer than three months under any law.

  • Pursuing national interests, at the UN high table

    The article highlights India’s challenges at the UNSC in its 2 year stint.

    India’s agenda at the UNSC

    • India’s two-year non-permanent stint at the UNSC should be viewed as a once-in-a-decade opportunity to clearly identify and pursue its national interests regionally and globally.
    • India’s entry into the UNSC coincides with the emergence of a new world order.
    • Under new world order, there is systemic uncertainty, little care for global commons, absence of global leadership, the steady division of the world into rival blocs, pursuit of narrow national interests.
    • Efforts by Biden administration in the United States may go on to ameliorate some of the harsh impact of this global order.
    • The UNSC has also reached a point wherein its very relevance is in serious doubt.
    • India too is no longer an ardent believer in the fantastical claims about a perfect world at harmony with itself, nor is it a timid observer in global geopolitics.
    • India’s pursuit of its interests at the UNSC should, therefore, reflect its material and geopolitical limitations, and its energies should be focused on a clearly identified agenda.

    Factors determining India’s agenda at the UNSC

    1) Rivalry with China

    • India’s tenure at the UNSC comes in the wake of its growing military rivalry with China.
    • China’s opposition to having India chair the Counter-Terrorism Committee (CTC) in 2022 was a precursor to the things to come ahead.
    • The next two years will be key to ensure checking further Chinese incursions along the Line of Actual Control and building up enough infrastructure and mobilising sufficient forces in the forward areas.

    2) Relations with Russia

    • Greater Indian alignment with the West at the UNSC, an unavoidable outcome, could, however, widen the growing gulf between Russia and India.
    • It might not be possible for India to sit on the fence anymore.
    • Fence sitting would bring more harm than goodwill in an international system where battlelines are sharpening by the day.

    3) Terrorism issue

    • Terror is likely to be a major focus for India at the UNSC.
    • External Affairs Minister’s statement at the UNSC Ministerial Meeting on the 20th Anniversary of Security Council Resolution 1373 and the establishment of the Counter Terrorism Committee has set the stage for New Delhi’s approach on the issue.
    • India recently assumed the chair of the Taliban sanctions committee which assumes significance given the fast-moving developments in Afghanistan.
    • India must formulate its policy towards terrorism with far more diplomatic finesse and political nuance especially given that it is chairing the Taliban sanctions committee while courting the very same Taliban.

    4) Coalition of like-minded states and setting the agenda for next decade

    • India should use the forum and its engagement there to build coalitions among like-minded states and set out its priorities for the next decade — from climate change to non-proliferation.
    • India should use its bargaining power at the UNSC to pursue its national interests in other forums and domains as well.
    • India’s UNSC strategy should involve shaping the narrative and global policy engagement vis-à-vis — the Indo-Pacific.
    • Given India’s centrality in the Indo-Pacific region and the growing global interest in the concept, New Delhi would do well to take it upon itself to shape the narrative around it.
    • In doing so, it should, through the UNSC and other means, court Moscow once again and assuage its concerns about the Indo-Pacific.

    Way forward

    • India’s pursuit of its national interest at UNSC must also be tempered by the sobering fact that the UNSC is unlikely to admit new members any time soon, if ever at all.
    • A glance at the recent debates on UNSC reforms and the state of the international system today should tell us that bending over backwards to please the big five to gain entry into the UNSC will not make a difference.

    Consider the question “What agenda should India pursue at the UNSC in its two year non-permanent stint? What are the challenges in pursuing such agenda?”

    Conclusion

    India must focus its energies on what it can achieve during the short period that it would be in the UNSC rather than what it wishes happened.

  • Amendment to the CSR Rules

    The Corporate Affairs Ministry has amended the rules for Corporate Social Responsibility (CSR) expenditure to allow companies to undertake multi-year projects, and also require that all CSR implementing agencies be registered with the government.

    Q.What do you mean by CSR? Discuss the role of CSR activities in social transformation.

    What is Corporate Social Responsibility (CSR)?

    • CSR is a type of business self-regulation that aims to contribute to the societal goals of a philanthropic, activist, or charitable nature by engaging in or supporting volunteering or ethically-oriented practices.
    • It rests on the ideology of “give and take” i.e. to take scarce resources from the environment for running a business, and in turn to contribute towards economic, social, and environmental development.

    CSR in India

    • India is the first country in the world to make corporate social responsibility (CSR) mandatory, following an amendment to the Companies Act, 2013 in April 2014.
    • Businesses can invest their profits in areas such as education, poverty, gender equality, and hunger as part of any CSR compliance.

    All companies with a net worth of Rs 500 crore or more, a turnover of Rs 1,000 crore or more, or net profit of Rs 5 crore or more, are required to spend 2 per cent of their average profits of the previous three years on CSR activities every year.

    What are the new amendments?

    • The amended CSR rules allow companies to set off CSR expenditure above the required 2 percent expenditure in any fiscal year against required expenditure for up to three financial years.
    • There lies an ambiguity whether the rule would apply for expenditure undertaken prior to the amendment.
    • The government is thus allowing corporates that have in good faith incurred excess CSR expenditure in the past to set it off against future CSR expenditure requirements.

    Other key changes

    • The amended rules require that any corporation with a CSR obligation of Rs 10 crore or more for the three preceding financial years would be required to hire an independent agency to conduct an impact assessment of their entire project with outlays of Rs 1 crore or more.
    • Companies will be allowed to count 5 percent of the CSR expenditure for the year up to Rs 50 lakh on impact assessment towards CSR expenditure.

    What are the changes required for implementing agencies?

    • The new amendment restricts companies from authorizing either a Section 8 company or a registered public charitable trust to conduct CSR projects on their behalf.
    • A Section 8 company is a company registered with the purpose of promoting charitable causes, applies profits to promoting its objectives, and is prohibited from distributing dividends to shareholders.
    • Further, all such entities will have to be registered with the government by April 1.

    Impact of the move

    • The change would impact CSR programs of a number of large Indian companies that conduct projects through private trusts.
    • It would mean such private trusts would either have to be converted to registered public trusts or stop acting as CSR implementing agencies.

  • Petition in SC seeks Guidelines for Electronic Media

    The Supreme Court has decided to examine a petition seeking the framing of guidelines outlining the broad regulatory paradigm within which the right to free speech of broadcasters and electronic media can be judicially regulated.

    What is the petition about?

    • The petition wants the court to consider substantial questions of law, including whether the electronic media enjoys greater freedom than ordinary citizens and whether they could only be subject to self-regulation.
    • It has questioned whether free speech entails misinformation, fake news, hate speech, propaganda, paid news, communal and derogatory reportage, incitement, etc.
    • It has asked whether regulation will amount to the curtailment of the Press if done within the parameters specified under “reasonable restrictions” of Article 19(2) of the Constitution.
    • The plea said the right to life and dignity envisaged the right of citizens to “free, fair and proportionate media reporting”.

    What is Article 19(2)?

    • This article authorizes the government to impose, by law, reasonable restrictions upon the freedom of speech and expression “in the interests of… public order.”
    • To understand the Supreme Court’s public order jurisprudence, it is important to break down the sub-clause into its component parts and focus upon their separate meanings.
    • Specifically, three terms are important: “reasonable restrictions”, “in the interests of”, and “public order”.
    • Clause (2) enables the legislature to impose certain restrictions on free speech under the following heads:
    1. Security of the State
    2. Friendly relations with foreign states
    3. Public order
    4. Decency and morality
    5. Contempt of court
    6. Defamation
    7. Incitement to an offense and
    8. Sovereignty and integrity of India
    • Reasonable restrictions on these grounds can be imposed only by a duly enacted law and not by executive action.

    The task before the court

    • The principal issue before the court is to bring about a balance between the right to freedom of speech and the expression of the media and various other rights.
    • These include the competing right to information of the citizenry, the right to reputation and dignity as well as the interest of preserving peace and harmony in the nation.

  • What is Herd Immunity?

    The initial findings of the fifth round of serological survey conducted in Delhi suggest that over 56 percent of the people have developed antibodies against Covid-19 implying achievement of herd immunity.

    Herd Immunity

    • Herd immunity is when a large number of people are vaccinated against a disease, lowering the chances of others being infected by it.
    • When a sufficient percentage of a population is vaccinated, it slows the spread of disease.
    • It is also referred to as community immunity or herd protection.
    • The decline of disease incidence is greater than the proportion of individuals immunized because vaccination reduces the spread of an infectious agent by reducing the amount and/or duration of pathogen shedding by vaccines, retarding transmission.
    • The approach requires those exposed to the virus to build natural immunity and stop the human-to-human transmission. This will subsequently halt its spread.

    Sero-surveys in Delhi

    • The results of the latest serosurvey in Delhi have led researchers and experts to surmise that a large section of the city’s population has already developed antibodies against Covid-19.
    • The presence of antibodies among a large percentage of the population could be a reason for the decline in the daily number of Covid-19 cases.
    • As more people are able to resist infection, it will help to break the chain of transmission of the virus.
    • Five serological surveys have been carried out in Delhi so far, including the present one, which was conducted in January.
    • The survey conducted by NCDC in July last year suggested the presence of antibodies in 23 percent of those surveyed.
    • In August, the survey conducted by the Delhi government showed 29.1 percent had antibodies.

    The relevance of such surveys

    • Carrying out repeated serological surveillance on the same population gives an idea of how the disease is behaving.
    • It is always good to have surveillance regularly to understand the trends.
    • Having robust surveillance is always beneficial, it may not be too close, but it may help us in giving an idea, even of the natural history of the disease.

    What do the data suggest about herd immunity?

    • Many researchers believe that if 60 percent or more of the population has developed antibodies against Covid-19, there is a possibility of acquiring herd immunity.
    • In Delhi, it is quite indicative, as the number of cases is also going down. This shows that we are moving closer towards acquiring herd immunity.

  • Leveraging government-private thought partnerships

    Thought partnership between government and the external players can aid in informed policymaking. The article deals with these issues and suggest forging of more of such partnerships. 

    Government working together with external partners

    • Policymaking requires multiple rounds of consultations and co-working with different entities, including collaboration between the government and external partners.
    • Over the last few years, there has been increasing evidence of the government and external partners working together on complex policy problems.
    • The government has formalized the induction of private individuals into the system by opening up lateral entry.
    • Several central government ministries and entities, such as NITI Aayog, routinely recruit private individuals as consultants, officers on special duty, or young professionals.
    • Given the staggering vacancies in the central government, such support is critical since civil servants are generally overburdened and under-resourced.

    What is thought partnership and how it works

    • Thought partnerships are a structured mechanism for private entities to lend relevant strategic expertise to the government on policy design, evaluation, and implementation.
    • It is also not always feasible for the government itself to fund projects involving private partners, more so when such projects are unconventional thought partnerships.
    • Several domestic and international philanthropies and impact investing firms are already investing in critical sectors in developing countries including India.
    • However, much of this funding goes into supporting projects or interventions that work in limited, contextual settings rather than systemic or sectoral transformation programs.
    • It is here that philanthropies and impact investing firms can make a huge difference.

    Past thought partnerships

    • In 2005, the Ashok Lahiri Committee report stated that there was not enough knowledge about external capital flows and controls in India.
    • The committee’s recommendation resulted in the establishment of the National Institute of Public Finance and Policy, Department of Economic Affairs research program.
    • The program led to the creation of a rich body of world-class research on capital controls and flows in India that was used to inform government policy on the matter.
    • In 2015, the Ministry of Corporate Affairs constituted a research secretariat headed by the Vidhi Centre for Legal Policy, to support the Companies Law Committee to make “informed decisions”.
    • The National Institute of Financial Management is working with the Department of Economic Affairs to provide legal research and technical assistance on Indian and foreign financial markets, policy analysis, formulation as well as the conduct of impact assessment studies on decisions taken by the Securities and Exchange Board of India.

    Consider the question “What is thought partnership and how it could help in making informed policymaking? What are the challenges in forging thought partnerships?”

    Conclusion

    It is in the public interest that more thought partnerships are forged and funded to channel external expertise and skills towards finding scalable solutions to the pressing policy challenges the country faces.

  • Intergovernmental Negotiations (IGN) at UNSC

    Seeking urgent reform of the United Nations Security Council (UNSC), India has highlighted the failure of the Intergovernmental Negotiations (IGN) since 13 years of its establishment.

    Note various countries in the various groups.

    What is the news?

    • India, along with Brazil, Japan and Germany are pressing for urgent reform of the UNSC and for a permanent seat in the reformed 15-member top organ of the world body.
    • India has said that the UNSC is finding itself unable to act effectively to address increasingly complex issues of international peace and security.
    • The UNSC lacks inclusivity of those who need to be members of the powerful organ of the world body.

    What is IGN?

    • The Intergovernmental Negotiations framework or IGN is a group of nation-states working within the United Nations to further reform of the UNSC.
    • The IGN is composed of several different international organizations, namely:
    1. African Union (55 member states)
    2. G4 nations (Brazil, Germany, India and Japan)
    3. Uniting for Consensus Group (UfC), also known as the “Coffee Club” (it aims to counter the bids for permanent seats proposed by G4 nations, includes Pakistan, Turkey, Canada, Spain and Italy)
    4. L69 Group of Developing Countries ( it includes developing countries from Africa, Latin America and the Caribbean, Asia and the Pacific)
    5. Arab League (six members: Egypt, Iraq, Jordan, Lebanon, Saudi Arabia, and Syria) and
    6. Caribbean Community ( a group of 15 member countries called CARICOM)