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  • Minority Issues – SC, ST, Dalits, OBC, Reservations, etc.

    What is Reasonable Accommodation Principle?

    | Polity | Mains Paper 2: Indian Constitution – historical underpinnings, evolution, features, amendments, significant provisions and basic structure

    The Karnataka High Court decision effectively upheld the denial of entry to students wearing the hijab. The court rejected an argument in support of permitting Muslim girls wearing head-scarves that was based on the principle of ‘reasonable accommodation’.

    What is Reasonable Accommodation?

    • ‘Reasonable accommodation’ is a principle that promotes equality, enables the grant of positive rights and prevents discrimination based on disability, health condition or personal belief.
    • Its use is primarily in the disability rights sector.
    • The provision plays a major role in addressing these barriers and thus contributes to greater workplace equality, diversity and inclusion.

    Article 2 of the UN Convention on the Rights of People with Disabilities (UNCRPD) defines:

    • Reasonable accommodation is “necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms”.

    International Labour Organization (ILO), in its recommendation on HIV/AIDS and the world of work, defines:

    • It is “any modification or adjustment to a job or to the workplace that is reasonably practicable and enables a person living with HIV or AIDS to have access to, or participate or advance in, employment”.

    How does the principle work?

    • The general principle is that reasonable accommodation should be provided, unless some undue hardship is caused by such accommodation.
    • A modified working environment, shortened or staggered working hours, additional support from supervisory staff and reduced work commitments are ways in which accommodation can be made.
    • Suitable changes in recruitment processes — allowing scribes during written tests or sign language interpreters during interviews — will also be a form of accommodation.

    What is the legal position on this in India?

    • In India, the Rights of People with Disabilities Act, 2016, defines ‘reasonable accommodation’ as “necessary and appropriate modification and adjustments, without imposing a disproportionate or undue burden in a particular case, to ensure to PwD the enjoyment or exercise of rights equally with others”.
    • The definition of ‘discrimination’ in Section 2(h) includes ‘denial of reasonable accommodation’.
    • In Section 3, which deals with equality and non-discrimination, sub-section (5) says: “The appropriate Government shall take necessary steps to ensure reasonable accommodation for persons with disabilities.”

    Judicial interpretation of Reasonable Accommodation

    • In Jeeja Ghosh and Another v. Union of India and Others (2016), the Supreme Court, awarded a compensation of ₹10 lakh to a passenger with cerebral palsy who was evicted from a flight after boarding.
    • It said: “Equality not only implies preventing discrimination …, but goes beyond in remedying discrimination against groups suffering systematic discrimination in society.
    • In concrete terms, it means embracing the notion of positive rights, affirmative action and reasonable accommodation.
    • The Supreme Court elaborated on the concept in Vikash Kumar v. UPSC (2021).
    • This was a case in which the court allowed the use of a scribe in the Union Public Service Commission examination for a candidate with dysgraphia, or writer’s cramp.
    • It said failure to provide reasonable accommodation amounts to discrimination.

    Context to the recent K’taka verdict

    • In the recent Karnataka verdict on wearing the hijab, the High Court did not accept the argument for allowing minor variations to the uniform to accommodate personal religious belief.
    • The HC meant that the court did not favour making any change or adjustment to the rule that could have enabled the students to maintain their belief or practice even while adhering to the uniform rule.
    • The appeal against the verdict in the Supreme Court provides an opportunity to see if the concept can be used in the realm of belief and conscience too.

     

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  • Pharma Sector – Drug Pricing, NPPA, FDC, Generics, etc.

    What is the NPPA’s role in fixing drug prices?

    | Economics | Mains Paper 3: Indian Economy

    Consumers may have to pay more for medicines and medical devices if the National Pharmaceutical Pricing Authority (NPPA) allows a price hike of over 10% in the drugs and devices listed under the National List of Essential Medicines (NLEM), this coming month.

    Who regulates Drugs prices?

    • The NPPA was set up in 1997 to fix/revise prices of controlled bulk drugs and formulations and to enforce price and availability of the medicines in the country, under the Drugs (Prices Control) Order, 1995-2013.
    • Its mandate is:
    1. To implement and enforce the provisions of the DPCO in accordance with the powers delegated to it
    2. To deal with all legal matters arising out of the decisions of the NPPA
    3. To monitor the availability of drugs, identify shortages and to take remedial steps
    • The NPPA is also mandated to collect/maintain data on production, exports and imports, market share of individual companies, profitability of companies etc., for bulk drugs and formulations and undertake and/ or sponsor relevant studies in respect of pricing of drugs/ pharmaceuticals.

    How does the pricing mechanism work?

    • Prices of Scheduled Drugs are allowed an increase each year by the drug regulator in line with the Wholesale Price Index (WPI) and the annual change is controlled and rarely crosses 5%.
    • But the pharmaceutical players pointed out that over the past few years, input costs have flared up.
    • The hike has been a long-standing demand by the pharma industry lobby.
    • All medicines under the NLEM are under price regulation.

    Do you know?

    As per the Drugs (Prices) Control Order 2013, scheduled drugs, about 15% of the pharma market, are allowed an increase by the government as per the WPI while the rest 85% are allowed an automatic increase of 10% every year.

    How are the prices determined?

    • The ceiling price of a scheduled drug is determined by first working out the simple average of price to retailer in respect of all branded and generic versions of that particular drug formulation.
    • It should have a market share of more than or equal to 1%, and then adding a notional retailer margin of 16% to it.
    • The ceiling price fixed/revised by the NPPA is notified in the Gazette of India (Extraordinary) from time to time.

    When are the prices revised?

    • Prices are revised when there is a rise in the price of bulk drugs, raw materials, cost of transport, freight rates, utilities like fuel, power, diesel, and changes in taxes and duties.
    • The cost rises for imported medicines with escalation in insurance and freight prices, and depreciation of the rupee.
    • The annual hike in the prices of drugs listed in the NLEM is based on the WPI.
    • The NLEM lists drugs used to treat fever, infection, heart disease, hypertension, anaemia etc and includes commonly used medicines like paracetamol, azithromycin etc.

    Why are inputs costs high?

    • One of the challenges is that 60%-70% of the country’s medicine needs are dependent on China.
    • WPI is dependent on price rise in a basket of a range of goods that are not directly linked with the items that go into the cost of medicines.

     

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  • Wildlife Conservation Efforts

    Re-introducing African Cheetahs to India

    | Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

    The cheetah, which became extinct in India after Independence, is all set to return with the Union Government launching an action plan in Kuno National Park in Madhya Pradesh.

    According to the plan, about 50 of these big cats will be introduced in the next five years, from the Africa savannas, home to cheetahs, an endangered species.

    Distribution of cheetahs in India

    • Historically, Asiatic cheetahs had a very wide distribution in India.
    • There are authentic reports of their occurrence from as far north as Punjab to Tirunelveli district in southern Tamil Nadu, from Gujarat and Rajasthan in the west to Bengal in the east.
    • Most of the records are from a belt extending from Gujarat passing through Maharashtra, Madhya Pradesh, Uttar Pradesh, Chhattisgarh, Jharkhand and Odisha.
    • There is also a cluster of reports from southern Maharashtra extending to parts of Karnataka, Telangana, Kerala and Tamil Nadu.
    • The distribution range of the cheetah was wide and spread all over the subcontinent. They occurred in substantial numbers.
    • The cheetah’s habitat was also diverse, favouring the more open habitats: scrub forests, dry grasslands, savannahs and other arid and semi-arid open habitats.

    What caused the extinction of cheetahs in India?

    • The major reasons for the extinction of the Asiatic cheetah in India:
    1. Reduced fecundity and high infant mortality in the wild
    2. Inability to breed in captivity
    3. Sport hunting and
    4. Bounty killings
    • It is reported that the Mughal Emperor Akbar had kept 1,000 cheetahs in his menagerie and collected as many as 9,000 cats during his half century reign from 1556 to 1605.
    • The cheetah numbers were fast depleting by the end of the 18th century even though their prey base and habitat survived till much later.
    • It is recorded that the last cheetahs were shot in India in 1947, but there are credible reports of sightings of the cat till about 1967.

    Conservation objectives for their re-introduction

    • Based on the available evidence it is difficult to conclude that the decision to introduce the African cheetah in India is based on science.
    • Science is being used as a legitimising tool for what seems to be a politically influenced conservation goal.
    • This also in turn sidelines conservation priorities, an order of the Supreme Court, socio-economic constraints and academic rigour.
    • The issue calls for an open and informed debate.

    What is the officially stated goal?

    • To establish viable cheetah meta-population in India that allows the cheetah to perform its functional role as a top predator
    • To provide space for the expansion of the cheetah within its historical range thereby contributing to its global conservation efforts

    Issues in re-introduction

    • Experts find it difficult whether the African cheetahs would find the sanctuary a favorable climate as far as the abundance of prey is concerned.
    • The habitat of cheetahs needed to support a genetically viable population.

    Back2Basics: Asiatic Cheetah

    • Cheetah, the world’s fastest land animal was declared extinct in India in 1952.
    • The Asiatic cheetah is classified as a “critically endangered” species by the IUCN Red List, and is believed to survive only in Iran.
    • It was expected to be re-introduced into the country after the Supreme Court lifted curbs for its re-introduction.
    • From 400 in the 1990s, their numbers are estimated to have reached to 50-70 today, because of poaching, hunting of their main prey (gazelles) and encroachment on their habitat.

     

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  • Citizenship and Related Issues

    Defining who is ‘Assamese’: Attempts, Challenges

    | Indian Society | Mains Paper 1: Population & Associated Issues

    Last week, the Assam government informed the Assembly that nearly 1.44 lakh illegal foreigners had been identified in the state this year based on the 1985 Assam Accord, and around 30,000 of them had been deported to their country of origin.

    Who is a foreigner under the Assam Accord?

    • The Assam Accord was signed in 1985 by the Centre and the Assam government with the All Assam Student Union (AASU) and the All Assam Gana Sangram Parishad.
    • This movement had spearheaded the 1979-85 Assam Movement against migration from Bangladesh.
    • It was against all migrants from Bangladesh, irrespective of religion.
    • The Accord set March 24, 1971 as a cut-off. (The Assam Movement had demanded 1951 as the cut-off.)
    • Anyone who had come to Assam before midnight on that date would be an Indian citizen, while those who had come after would be dealt with as foreigners.
    • The same cut-off was used in updating the National Register of Citizens (NRC).

    What are the expressions for which the definitions have not been determined? Why are they important?

    • The definitions of phrases mentioned in the Accord such as ‘Axomiya janagan’ (Assamese people), ‘khilonjia’ (indigenous) and ‘adi basinda’ (original inhabitants) were yet to be determined.
    • The context is Clause 6 of the Assam Accord, which promises “constitutional, legislative and administrative safeguards to protect, preserve and promote the cultural, social, linguistic identity and heritage of the Assamese people”.
    • However, it doesn’t  provide clear cut definitions to identify who would be the “Assamese people”.
    • Clause 6 is important because many felt the 1971 cut-off was inadequate.

    Issues with the cut-off date

    • The cut-off for the rest of India is 1948, many noted that the Assam Accord would grant citizenship to a section of migrants who would be counted as foreigners elsewhere in the country.
    • Clause 6 was, therefore, seen as a protective provision which would guarantee certain benefits to the Assamese people, while excluding some sections among those granted citizenship on the basis of the 1971 cut-off.

    Why is the ‘Assamese’ definition difficult?

    • Because Assam’s demography has been shaped by decades of migration.
    • Many of the migrants had settled here during the colonial era.
    • While they might not be native speakers of an indigenous language, such as Assamese or Bodo or Karbi, the question was whether the definition of “Assamese” could exclude someone, for example, whose family might have lived in Assam for 100 years.

    Have any definitions been proposed?

    • A key committee came in 2019, when Assam was rocked by protests against the Citizenship Amendment Act (CAA) which proposes to grant citizenship to various categories of foreigners including Hindus from Bangladesh.
    • The government set up the committee as a means to quell the protests.

    This committee recommended following persons as Assamese:

    1. All citizens who are part of the Assamese community
    2. Any person of indigenous tribal community of Assam
    3. Any other indigenous community of Assam
    4. Any other citizens of India residing in the territory or Assam on or before January 1, 1951 and
    5. Descendants of these categories
    • In essence, this definition includes not only the indigenous people but also all other Indian citizens, irrespective of mother tongue, as long as their ancestors were staying in Assam before 1951.

     

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  • River Interlinking

    Par Tapi Narmada River-Linking Project

    Prelims Only | Economics | Mains Paper 3: Infrastructure: Energy, Ports, Roads, Airports, Railways Etc.

    The tribals in Gujarat held a public meeting in Kaprada in Valsad district to protest against the Centre’s Par Tapi Narmada (PTN) river-linking project.

    Par Tapi Narmada river-linking project

    • The PTN link project was envisioned under the 1980 National Perspective Plan under the former Union Ministry of Irrigation and the Central Water Commission (CWC).
    • The project proposes to transfer river water from the surplus regions of the Western Ghats to the deficit regions of Saurashtra and Kutch.
    • It proposes to link three rivers — Par, originating from Nashik in Maharashtra and flowing through Valsad, Tapi from Saputara that flows through Maharashtra and Surat in Gujarat, and Narmada originating in Madhya Pradesh and flowing through Maharashtra and Bharuch and Narmada districts in Gujarat.

    Components of the project

    • The link mainly includes the construction of seven dams (Jheri, Mohankavchali, Paikhed, Chasmandva, Chikkar, Dabdar and Kelwan), three diversion weirs and two tunnels.
    • Of these, the Jheri dam falls in Nashik, while the remaining dams are in Valsad and Dang districts of South Gujarat.

    Centre’s role

    • A Memorandum of Understanding (MoU) was signed between Gujarat, Maharashtra and the central government on May 3, 2010.
    • It envisaged that Gujarat would get the benefit of the Par Tapi Narmada link project through en-route irrigation from the link canal and in the drought-prone Saurashtra Kutch region by way of substitution.

    Issues with the Project

    • About 6065 hectares of land area will be submerged due to the proposed reservoirs.
    • A total of 61 villages will be affected, of which one will be fully submerged and the remaining 60 partly.
    • The total number of affected families would be 2,509 of which 98 families would be affected due to the creation of the Jheri reservoir, the only one in Maharashtra, spread over six villages.
    • The affected families may lose their lands or houses or both in the submergence when the reservoirs are created.
    • The districts where the project will be implemented are largely dominated, by tribals who fear displacement.

     

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  • Innovations in Sciences, IT, Computers, Robotics and Nanotechnology

    Kinzhal Advanced Hypersonic Missile

    Prelims Only | Science Tech | Mains Paper 3: Awareness in various sc and tech fields

    Russia said that it had unleashed hypersonic missiles against an arms depot in Ukraine, the first use of the next-generation weapons in combat.

    Kinzhal Missile

    • It is a nuclear-capable air-launched ballistic missile that flies at 10 times the speed of sound and can overcome air-defence systems. Kinzhal means ‘dagger’.
    • The missile has a range of approximately 1,500-2,000km and can carry a nuclear payload or conventional payload of 480 kg.
    • The Kinzhal was one of an array of new weapons Russian President Vladimir Putin unveiled in his state-of-the-nation address in 2018. Putin had termed Kinzhal as “an ideal weapon”.
    • This is the first time that Russia has admitted to using the high-precision weapon in combat.
    • Following launch, the Kinzhal rapidly accelerates to Mach 4 (4,900 km/h), and may reach speeds of up to Mach 10 (12,350 km/hr).

    What is a hypersonic weapon?

    • They are normally defined as fast, low-flying, and highly manoeuvrable weapons designed to be too quick and agile for traditional missile defence systems to detect in time, according to Bloomberg.
    • Unlike ballistic missiles, hypersonic weapons don’t follow a predetermined, arched trajectory and can maneuver on the way to their destination.
    • The term “hypersonic” describes any speed faster than five times that of sound, which is roughly 760 miles (1,220 kilometers) per hour at sea level.
    • At hypersonic speeds, the air molecules around the flight vehicle start to change, breaking apart or gaining a charge in a process called ionization.
    • This subjects the hypersonic vehicle to “tremendous” stresses as it pushes through the atmosphere.

    Types of hypersonic weapons

    • There are two main types of these weapons — glide vehicles and cruise missiles.
    • Most of the attention is focused on the former, which are launched from a rocket before gliding to their target, because of the challenges of achieving hypersonic propulsion of missiles.
    • The missiles have engines called scramjets that use the air’s oxygen and produce thrust during their flight, allowing them to cruise at a steady speed and altitude.

    Who has these weapons?

    • US, China and Russia have the most advanced capabilities.
    • Several other countries are investigating the technology, including India, Japan, Australia, France, Germany and North Korea, which claims to have tested a hypersonic missile.
    • In fact, India is also closing in on having such weapons in its arsenal.
    • Last year, India successfully tested its hypersonic technology demonstrator vehicle (HSTDV), powered by a scramjet engine.
    • The HSTDV will serve as a crucial building block in the development of long-range hypersonic weapons, which will take at least another four to five years to become a reality.

    Back2Basics: Types of Missiles

    (1) Subsonic missiles

    • They travel at a rate slower than the speed of sound.
    • Most well-known missiles, such as the US Tomahawk cruise missile, the French Exocet, and the Indian Nirbhay, fall into this category.
    • These travel at about Mach-0.9 (705 mph), and are slower and easier to intercept, but they continue to play a significant role in modern battlefields.
    • They significantly less expensive to produce because the technological challenges have already been overcome and mastered.
    • Due to their low speed and small size, subsonic missiles provide an additional layer of strategic value.

    (2) Supersonic missiles

    • They are the one that travels faster than the speed of sound (Mach 1) but not faster than Mach-3.
    • Most supersonic missiles travel at speeds ranging from Mach-2 to Mach-3, or up to 2,300 mph.
    • The Indian/Russian BrahMos, currently the fastest operational supersonic missile capable of speeds of around 2,100–2,300 mph, is the most well-known supersonic missile.

    (3) Hypersonic Missiles

    Explained above

     

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  • Russian Invasion of Ukraine: Global Implications

    What Quad can learn from NATO’s blunders

    | International Relations | Mains Paper 2: Bilateral, Regional and Global Groupings and agreements involving India

    Context

    The Russian invasion of Ukraine offers several lessons to the Quad countries.

    Negligence on part of NATO

    • This article is admittedly written in hindsight, but there is a continuing thread to the western blunders in the approach to dealing with Moscow, particularly concerning Putin.
    • He has had a dramatic rise in the political hierarchy of Moscow, with many of his successes unexplained but for the strong behind-the-scenes backing of the FSB.
    •  Unfortunately, it was ignored in the West, and particularly in Europe, which was busy with civilianising and militarily downgrading NATO.
    • The western leaders were overcome with hubris and dismantled the military intellectual content of NATO headquarters, reducing NATO forces to a rapid reaction force under the political control of a civilian secretary-general.
    • The West, therefore, failed to connect Putin’s invasion of Georgia with his continuing vision to fight the regime change in Ukraine in 2015.

    What can Quad learn?

    • War in Indo-Pacific will be maritime war:  War in the Indo-Pacific will be a maritime war fought in accordance with maritime strategy and space assets.
    • The greatest difference is that peaceful maritime reconnaissance is a legitimate activity with the help of which situational awareness can be built up, enabling the delivery of a crippling conventional first strike in the first stages of a possible conflict.
    • Avoid making Quad a diplomatic grouping: To call the Quad a “diplomatic grouping” is a catastrophic error.
    • Implication of calling Quad a diplomatic grouping: In actual fact, the Quad, is all about maritime domain awareness, underwater domain awareness, and information sharing — all of them purely naval activities, which need continuous communication (that is catered for), a command organisation and a secretariat, neither of which we have because Quad is a diplomatic grouping.
    • The military is trained to think structurally, cast future scenarios, do contingent planning, find alternatives and plan for victory. Diplomats have no such background.
    • Confusing Beijing by calling it a diplomatic grouping will certainly lead to a misunderstanding of the Quad nations’ resolve and possible Chinese adventurism.

    Way forward

    • The Quad needs to be represented by the owners of the maritime assets used to obtain domain awareness and a staff with command communications and a depth of intellectual planning.
    • The great maritime strength of the Quad is its force of Maritime Patrol Aircraft.
    • Japan and the US are particularly rich in those resources.
    • India’s force of P-81s is substantial and with the help of Australia, a maritime domain awareness can be built up that denies the PLA navy the chance to hide in the vastness of the ocean.
    • The Indo-US communication agreement was presumably established to keep the four-nation search group on a common grid.
    • Quad meetings should be headed by naval officers, with diplomatic support.

    Conclusion

    West failed to read Putin’s ambitions and downgraded NATO. The same mistakes should not be repeated in Indo-Pacific by the Quad.

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  • Foreign Policy Watch: India-Japan

    India and Japan: A special partnership

    | International Relations | Mains Paper 2: Bilateral, Regional and Global Groupings and agreements involving India

    Context

    Seventy years after diplomatic relations were established, here in India today, a metro system built with the support of Japanese official development assistance (ODA) is in operation, cars built by Japanese companies run on the streets, and a high-speed rail will make its debut in the future.

    The realisation of new form of capitalism

    • Japan has been concentrating on measures to overcome Covid-19, and working towards the realisation of a “new form of capitalism” that will revive the economy through a virtuous cycle of growth and distribution.
    • As part of such measures, it is focusing on finding solutions to various social challenges, including digital, climate change and economic security in the growth strategy. 
    • For Japan, India is certainly the best partner to have when seeking to realise a “new form of capitalism,” as showcased in India’s contribution in response to the global health crisis as a major manufacturing base, leadership in decarbonisation efforts, including through the International Solar Alliance, engagement in advanced digital society initiatives such as Aadhaar, and the promotion of economic security initiatives, including measures for supply chain resilience.

    Challenges to the global order

    •  Russia’s invasion of Ukraine is a clear violation of international law as well as an attempt to unilaterally change the status quo by force.
    •  Upholding the core principles of the international order is indispensable from the perspective of diplomacy and security in the Indo-Pacific, where the situation has been rapidly worsening.
    •  In the recent Japan-Australia-India-US (Quad) Leaders’ Video Conference, leaders concurred that any attempt to unilaterally change the status quo by force, such as this time, must not be tolerated in the Indo-Pacific region.
    • There is a challenge of protecting the rules-based international order, building resilient supply chains and reinvigorating the economy.
    • We need strategies to respond to new international challenges like cybersecurity and climate change.
    • Both Japan and India are committed to taking bold measures to tackle such challenges.

    Way forward for India-Japan relations

    • People to people contact: Although the Covid-19 situation remains challenging, people-to-people exchanges between two countries are also being advanced.
    • Cooperation in security: Cooperation has also taken great strides in the area of security, including joint exercises between the Japan Self-Defense Forces and the Indian Armed Forces.
    • Quad: Cooperation is also rapidly developing between Japan, Australia, India and the United States, four countries that share fundamental values, and the next leaders’ summit is under coordination.
    • Cultural bond: As the name “Special Strategic and Global Partnership” suggests, Japan-India relations have evolved into an inclusive and multi-layered relationship based on cultural bonds, firm friendship, and common universal values.

    Conclusion

    As Japan’s prime minister comes on visit to India, his visit to India will open a new chapter in bilateral relations that will deepen the “Japan-India Special Strategic, and Global Partnership” even further.

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  • Russian Invasion of Ukraine: Global Implications

    India’s Crude Oil Trade with Russia

    | Economics | Mains Paper 3: Infrastructure: Energy, Ports, Roads, Airports, Railways Etc.

    The Indian Oil Corporation (IOC), Hindustan Petroleum Corporation Ltd (HPCL) has bought two million barrels of Russian crude oil as Indian energy majors forge ahead with attempts to secure a part of the Russian energy supply.

    What is the news?

    • India is exploring alternative payment channels for trade with Russia and the possibility of sourcing additional oil at a discount, even as the West reduces its exposure to Russian oil.
    • Now India needs to make some necessary adjustments in the financial front because of the challenges posed by the American sanctions.

    India’s import dependence and Russia

    • India is heavily dependent on oil imports, the bulk of which comes from the Middle East, Africa, Europe, North America, South America, and South-East Asia.
    • Russia’s oil-related exports to India are only about $1 billion.
    • However, Russia is keen to scale this up even as the US has announced a ban on oil imports from the country and the UK has adopted a more gradual reduction.
    • This offers the opportunity for a lucrative supply deal with the second largest oil exporter after Saudi Arabia.

    Do you know?

    India’s nuclear power project in Kudankulam in Tamil Nadu is built with Russian collaboration.

    What is at stake in oil trade with Russia?

    • India, however, needs to find alternative payment channels due to the evolving crisis.
    • This is also crucial for bilateral non-oil trade.

    Risks posed by payment crisis

    • Western curbs cutting off some Russian banks from the SWIFT payment system has proven to be a setback for bilateral trade.
    • Many payments worth $500 million to Indian exporters for goods already shipped reportedly being stuck.
    • A steady supply of critical commodities such as fuel and fertilizer from Europe is crucial in India’s efforts to manage inflation.
    • A spike in natural gas in global markets is pushing up the cost of procuring commonly used urea, which is sold at a subsidized price to farmers.

    Why is oil supply from Russia important?

    • As much as 85% of India’s oil requirement is met through imports.
    • The government has tried diversifying its supply sources.
    • This would add more gas into the energy basket, giving a strong push to electric mobility, building strategic reserves and blending ethanol in auto fuel to reduce oil import dependence.
    • Extra oil supplies from Russia could aid in this effort.

    How’re the two nations handling the situation?

    • India and Russia are exploring a Rupee-Rouble trade mechanism using currency of a third country as a reference.
    • This would allow Indian exporters to be paid in rupees.
    • This would need an Indian and a Russian bank opening shop on each other’s soil.
    • Another option is routing payments via a bank with limited overseas exposure so that it will not attract curbs.
    • For additional Russian oil shipments, India needs access to more vessels and containers.
    • Indian refiners’ ability to process larger quantities of crude oil also needs to be assessed.

    Extending the collaborations

    • New Delhi has for long followed the policy of acquiring energy assets abroad to reduce risks related to heavy import dependence on oil.
    • Oil and Natural Gas Corp. Ltd’s investment in Russia’s Sakhalin project is one example.
    • Besides, Russian company PJSC Rosneft Oil Co. is a stakeholder in Nayara Energy Ltd that runs the second largest single-site refinery in Gujarat.

     

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  • Women Safety Issues – Marital Rape, Domestic Violence, Swadhar, Nirbhaya Fund, etc.

    What is POSH Act?

    | Governance | Mains Paper 1: Role Of Women & Women Organization

    The Kerala High Court has asked organizations associated with the film industry to take steps to constitute a joint committee to deal with cases of sexual harassment of women, in line with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013.

    Why in news?

    • During the #MeToo movement, a number of women in India called out influential men — actors, standup comics, senior journalists — for alleged sexual harassment.
    • Hence the HC underlined that film production units must comply with the law against sexual harassment, commonly known as the prevention of sexual harassment at workplace (SHW) or POSH Act.

    What is the POSH Act?

    • The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act was passed in 2013.
    • It defined sexual harassment, lay down the procedures for a complaint and inquiry, and the action to be taken.
    • It broadened the Vishaka Guidelines, which were already in place.

    What are Vishakha Guidelines?

    • The Vishakha guidelines were laid down by the Supreme Court in a judgment in 1997. This was in a case filed by women’s rights groups, one of which was Vishakha.
    • In 1992, she had prevented the marriage of a one-year-old girl, leading to the alleged gangrape in an act of revenge.

    Guidelines and the law

    • The Vishakha guidelines, which were legally binding, defined sexual harassment and imposed three key obligations on institutions :
    1. Prohibition
    2. Prevention
    3. Redress
    • The Supreme Court directed that they should establish a Complaints Committee, which would look into matters of sexual harassment of women at the workplace.

    The POSH Act broadened these guidelines:

    • It mandated that every employer must constitute an Internal Complaints Committee (ICC) at each office or branch with 10 or more employees.
    • It lay down procedures and defined various aspects of sexual harassment, including the aggrieved victim, who could be a woman “of any age whether employed or not”, who “alleges to have been subjected to any act of sexual harassment”.
    • This meant that the rights of all women working or visiting any workplace, in any capacity, were protected under the Act.

    Definition of Sexual Harassment

    Under the 2013 law, sexual harassment includes “any one or more” of the following “unwelcome acts or behaviour” committed directly or by implication:

    • Physical contact and advances
    • A demand or request for sexual favours
    • Sexually coloured remarks
    • Showing pornography
    • Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

    The Ministry of Women & Child Development has published a Handbook on Sexual Harassment of Women at Workplace with more detailed instances of behaviour that constitutes sexual harassment at the workplace. These include, broadly:

    • Sexually suggestive remarks or innuendos; serious or repeated offensive remarks; inappropriate questions or remarks about a person’s sex life
    • Display of sexist or offensive pictures, posters, MMS, SMS, WhatsApp, or emails
    • Intimidation, threats, blackmail around sexual favours; also, threats, intimidation or retaliation against an employee who speaks up about these
    • Unwelcome social invitations with sexual overtones, commonly seen as flirting
    • Unwelcome sexual advances.

    Unwelcome behavior

    • The Handbook says “unwelcome behaviour” is experienced when the victim feels bad or powerless; it causes anger/sadness or negative self-esteem.
    • It adds unwelcome behaviour is one which is “illegal, demeaning, invading, one-sided and power based”.

    Circumstance amounting to SHW

    The Act mentions five circumstances that amount to sexual harassment implied or explicit:

    1. Promise of preferential treatment in her employment
    2. Threat of detrimental treatment
    3. Threat about her present or future employment status
    4. Interference with her work or creating an offensive or hostile work environment
    5. Humiliating treatment likely to affect her health or safety

    Procedure for complaint

    • Technically, it is not compulsory for the aggrieved victim to file a complaint for the ICC to act.
    • The Act says that she “may” do so — OR any member of the ICC “shall” render “all reasonable assistance” to her to complain in writing.
    • If the woman cannot complain because of “physical or mental incapacity or death or otherwise”, her legal heir may do so.
    • Under the Act, the complaint must be made “within three months from the date of the incident”.
    • However, the ICC can “extend the time limit” if “it is satisfied that the circumstances were such which prevented the woman from filing a complaint within the said period”.
    • It provides that “no monetary settlement shall be made as a basis of conciliation”.
    • The ICC may either forward the victim’s complaint to the police, or it can start an inquiry that has to be completed within 90 days.
    • The identity of the woman, respondent, witness, any information on the inquiry, recommendation and action taken, the Act states, should not be made public.

    After the ICC report

    • If the allegations of sexual harassment are proved, the ICC recommends that the employer take action “in accordance with the provisions of the service rules” of the company.
    • These may vary from company to company.
    • It also recommends that the company deduct from the salary of the person found guilty, “as it may consider appropriate”.

    Compensation is determined based on five aspects:

    1. Suffering and emotional distress caused to the woman;
    2. Loss in career opportunity;
    3. Her medical expenses;
    4. Income and financial status of the respondent;
    5. Feasibility of such payment.

    Appeal in Court

    • After the recommendations, the aggrieved woman or the respondent can appeal in court within 90 days
    • Section 14 of the Act deals with punishment for false or malicious complaint and false evidence.
    • In such a case, the ICC “may recommend” to the employer that it take action against the woman, or the person who has made the complaint, in “accordance with the provisions of the service rules”.
    • The Act, however, makes it clear that action cannot be taken for “mere inability” to “substantiate the complaint or provide adequate proof”.

     

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