Note4Students
From UPSC perspective, the following things are important :
Prelims level: Forex reserves, BoP
Mains level: Read the attached story
Central Idea
- India’s forex reserves were at $578.4 billion as of March 2023—a fall of over $28 billion since March 2022, $19.7 billion of which was due to valuation changes, as per RBI.
- The depreciation of the US dollar and increased capital flows contributed to a surge in reserves this year.
What is Foreign Exchange (Forex) Reserve?
- Foreign exchange reserves are important assets held by the central bank in foreign currencies as reserves.
- They are commonly used to support the exchange rate and set monetary policy.
- In India’s case, foreign reserves include Gold, Dollars, and the IMF’s quota for Special Drawing Rights.
- Most of the reserves are usually held in US dollars, given the currency’s importance in the international financial and trading system.
- Some central banks keep reserves in Euros, British pounds, Japanese yen, or Chinese yuan, in addition to their US dollar reserves.
India’s forex reserves cover:
- Foreign Currency Assets (FCAs)
- Special Drawing Rights (SDRs)
- Gold Reserves
- Reserve position with the International Monetary Fund (IMF)
Current Scenario: Impact of US Rate Hikes and Capital Inflows
- US Rate Hikes and Capital Flows: The US Federal Reserve’s rate hikes have triggered a flow of foreign investments into the US treasury, leading to capital outflows from India.
- Potential Capital Inflows: So far this year, the US Fed has raised rates by 75 basis points. This could potentially increase capital inflows into emerging markets like India.
- Improved Balance of Payment (BoP): India’s Balance of Payment has improved significantly, with the current account deficit projected to be less than 2% of GDP.
- Resumption of Equity Capital Flows: There is a resumption in equity capital flows, and India continues to attract substantial investments compared to other emerging market peers.
Global Standing of India’s Forex Reserves
- Rank among Nations: India ranks fourth among countries with the highest forex reserves, following China, Japan, and Switzerland.
- Differences in Reserve Accumulation: Most countries maintain large and persistent current account surpluses, owing to a competitive exports market. However, India, Brazil, and the US have accumulated reserves primarily through capital flows rather than a significant current account surplus.
RBI’s Strategy for Diversifying Forex Reserves
- Internationalizing the Rupee: The RBI aims to reduce reliance on foreign currencies by internationalizing the Indian rupee.
- Exploring Use of Asian Clearing Union Currencies: The RBI is exploring the use of currencies from member states of the Asian Clearing Union, including the rupee, for payment and settlement among themselves.
- Agreement with Sri Lanka: An agreement with the Central Bank of Sri Lanka enables the use of the rupee as a designated foreign currency, promoting trade between the two countries and facilitating rupee transactions for Indian tourists in Sri Lanka.
Conclusion
- While India’s forex reserves have seen fluctuations due to various factors, the country’s sustained efforts to diversify and strengthen its reserves position indicate a proactive approach by the RBI.
- The ongoing focus on attracting foreign investments, coupled with measures to internationalize the rupee, may contribute to a more stable and resilient forex reserve management system in the future.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Manual Scavenging in India
Central Idea
- The Social Justice Ministry revealed that while 530 districts have reported themselves as manual scavenging-free, a significant number of districts are yet to do so.
- Despite the government’s assertion that manual scavenging-related deaths have not occurred in the last five years, fatalities during sewer and septic tank cleaning persist.
Manual Scavenging in India
- Manual scavenging is the practice of removing human excreta by hand from sewers or septic tanks.
- India banned the practice under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (PEMSR).
- The Act bans the use of any individual for manually cleaning, carrying, disposing of or otherwise handling in any manner, human excreta till its disposal.
- In 2013, the definition of manual scavengers was also broadened to include people employed to clean septic tanks, ditches, or railway tracks.
- The Act recognizes manual scavenging as a “dehumanizing practice,” and cites a need to “correct the historical injustice and indignity suffered by the manual scavengers.”
Reasons for its persistence
- Low Awareness and Marginalization: Manual scavenging is often carried out by marginalized sections of society who are unaware of their rights, making them vulnerable to exploitation.
- Enforcement Issues: Weak enforcement of the Act and the exploitation of unskilled laborers contribute to the persistence of manual scavenging.
- High Cost of Automation: The high cost of adopting automated cleaning methods in sewers is a deterrent for municipal authorities.
- Cheaper Availability of Unskilled Labor: Contractors resort to illegal employment of unskilled labourers who are willing to work at lower wages, perpetuating the practice.
- Caste Dynamics: The practice is reinforced by the existing caste hierarchy, with a majority of manual scavengers belonging to lower castes.
Various Policy Initiatives
- Prohibition of Employment as Manual Scavengers and their Rehabilitation (Amendment) Bill, 2020: The proposed amendment seeks to mechanize sewer cleaning, provide on-site protection, and offer compensation in case of sewer-related deaths.
- Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013: This Act goes beyond dry latrine prohibitions and outlaws all forms of manual excrement cleaning in insanitary latrines, open drains, or pits.
- Rashtriya Garima Abhiyan: The “Maila Mukti Yatra,” initiated in 2012, aims to eradicate manual scavenging nationwide, starting from Bhopal.
- Prevention of Atrocities Act: This Act serves as protection for sanitation workers, as a significant number of manual scavengers belong to the Scheduled Caste.
- Compensation: The PEMSR Act and the Supreme Court’s decision in the Safai Karamchari Andolan vs. Union of India case mandate compensation of Rs 10 lakh for victims’ families.
- National Commission for Safai Karamcharis (NCSK): Investigating the conditions of waste collectors in India, the NCSK provides recommendations to the government.
- Proper Distinction: The Ministry now recognizes the difference between sanitation work and manual scavenging.
- Enumeration of Sanitization Workers: The enumeration of sanitation workers will be conducted in 500 AMRUT cities as part of the National Action Plan for Mechanised Sanitation Ecosystem (NAMASTE).
- NAMASTE Scheme: The NAMASTE scheme aims to eliminate unsafe sewer and septic tank cleaning practices, enhancing the safety and dignity of sanitation workers.
States and UTs with Pending Declaration of Manual Scavenging-Free Districts
- Concerning Data: Jammu and Kashmir, Manipur, Telangana, Andhra Pradesh, West Bengal, and Jharkhand are among the States and UTs with the highest number of districts yet to declare themselves as manual scavenging-free.
- Disparity among States: While States like Bihar, Rajasthan, and Tamil Nadu have achieved 100% declaration of manual scavenging-free districts, several other States and UTs have reported only 15% to 20% of districts as free from the practice.
Way forward
- Regular surveys and social audits must be conducted against the involvement of manual scavengers by public and local authorities.
- There must be proper identification and capacity building of manual scavengers for alternate sources of livelihood.
- Creating awareness about the legal protection of manual scavengers is necessary.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Biodiversity Acts
Mains level: Biological Diversity Acts and Amendment Bill, significance
What’s the news?
- On July 25, the Lok Sabha gave its approval to a Bill to amend some provisions of the Biological Diversity Act of 2002.
Central Idea
- The Lok Sabha’s recent approval of the bill marks a significant step in preserving India’s biological diversity and promoting sustainable utilization. The bill aims to address concerns raised by central ministries, state governments, researchers, industries, and other stakeholders regarding the implementation of the 2002 Biological Diversity Act.
What is the Biodiversity Law?
- The Biodiversity Law, also known as the Biological Diversity Act of 2002, is a significant piece of legislation in India.
- Its main objective is to conserve the country’s biological diversity, which includes animals, plants, microorganisms, gene pools, and the ecosystems they inhabit.
- The law was enacted in response to the global need to protect and preserve biological resources, which were under threat due to human activities.
Key amendments proposed in the Biodiversity Law
- Exemption for Indian Systems of Medicine: Certain users of biological resources, like practitioners of Indian systems of medicine, are exempt from making payments to the Access and Benefit Sharing (ABS) mechanism.
- Treatment of Indian Companies with Foreign Equity: Companies registered in India and controlled by Indians are treated as Indian companies, even with foreign equity or partnership, reducing restrictions on their activities related to biological resources.
- Streamlining the Approval Process: Provisions have been included to expedite approval for research using biological resources and filing patent applications.
- Rationalization of Penalty Provisions: Penalties for wrongdoing by user agencies have been rationalized.
Significance of the Biodiversity Law
- Conservation of Biological Diversity: The Biodiversity Law is crucial for preserving the diverse range of animals, plants, microorganisms, and ecosystems found in India.
- Addressing Global Concerns: The law is a response to the global need to protect and conserve biological resources, which are under threat due to human activities. It aligns India with international efforts to safeguard biodiversity.
- Implementation of CBD Commitments: India agreed to the Convention on Biological Diversity (CBD) in 1994. The Biodiversity Law helps fulfill India’s commitments under this international framework agreement, promoting biodiversity conservation and sustainable use.
- Sustainable Resource Utilization: The law emphasizes the sustainable use of biological resources, ensuring that they are utilized in a manner that does not deplete them or harm the environment. This approach promotes responsible resource management.
- Supporting Traditional Systems of Medicine: The law recognizes the significance of traditional medicine systems like Ayurveda, Unani, and Siddha, which rely on medicinal plants and biological resources. It supports the conservation of these resources and traditional knowledge.
- Access and Benefit Sharing (ABS) Mechanism: The Biodiversity Law incorporates an Access and Benefit Sharing mechanism in alignment with the Nagoya Protocol. It ensures the equitable sharing of benefits arising from the utilization of genetic resources with local communities.
Factors behind the need for amendments
- Addressing Stakeholder Concerns: Over the years, various stakeholders, including practitioners of traditional medicine, the seed sector, pharmaceutical companies, and the research community, raised concerns about certain provisions in the original law.
- Supporting Traditional Systems of Medicine: One of the key reasons for the amendments was to encourage Indian systems of medicine, such as Ayurveda. The amendments sought to provide exemptions or favorable conditions for practitioners of traditional medicine to access and use these resources.
- Attracting Foreign Investment: By simplifying and streamlining processes, the government intended to make it easier for foreign entities to engage in research and business activities related to biodiversity in India.
- Promoting Research and Innovation: The amendments aimed to expedite the approval process for research involving biological resources and simplify procedures for filing patent applications.
- Rationalizing Penalty Provisions: The amendments likely involved rationalizing the penalty provisions for wrongdoing by user agencies. This was done to ensure that the penalties imposed for non-compliance with the law were fair and appropriate.
Way forward
- Integrated Policies: Develop and implement integrated policies that prioritize both biodiversity conservation and sustainable utilization. Ensure that economic development initiatives are aligned with environmental protection goals.
- Stakeholder Collaboration: Foster collaboration among government bodies, NGOs, industries, local communities, and researchers to jointly address biodiversity challenges and promote sustainable practices.
- Empower Local Communities: Empower local communities, especially indigenous groups, in biodiversity management and decision-making processes. Recognize their traditional knowledge and incentivize their involvement in conservation efforts.
- Conservation Reserves and Protected Areas: Strengthen and expand the network of conservation reserves and protected areas to safeguard critical ecosystems and habitats.
- Sustainable Resource Use: Promote sustainable practices in industries relying on biological resources, such as agriculture, pharmaceuticals, and biotechnology. Encourage eco-friendly and resource-efficient approaches.
- Green Business Practices: Encourage businesses to adopt green practices and environmental certifications, recognizing their commitment to sustainability.
- Education and Awareness: Raise public awareness about the importance of biodiversity, conservation, and sustainable resource utilization. Educate citizens about the benefits of preserving natural resources.
Conclusion
- The passage of the Biological Diversity (Amendment) Bill by the Lok Sabha reflects India’s commitment to preserving its rich biological diversity and promoting its sustainable use. As the bill advances to further stages of approval, it is essential to strike a balance between conservation and utilization, ensuring that future generations can benefit from the wealth of biological resources the country possesses.
Also read:
Monsoon session of Parliament to decide fate of Biological Diversity (Amendment) Bill
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Key concepts
Mains level: Fiscal deficit, public debt its impact and Fiscal consolidation measures
What’s the news?
- The Indian economy grapples with a soaring fiscal deficit and public debt, posing a critical challenge to its financial stability. With impending state and general elections in 2023 and 2024, the electoral budget cycle could worsen the debt situation, raising questions about its sustainability.
Central idea
- The escalating levels of fiscal deficit and public debt in India have been a persistent concern, even before the COVID-19 pandemic hit. Although there has been some recovery in the post-pandemic period, projections indicate that returning to pre-pandemic debt levels in the medium term seems unlikely.
What is meant by fiscal deficit?
- A fiscal deficit refers to the difference between a government’s total expenditures and its total revenues (excluding borrowings) during a specific period, usually a fiscal year.
- It is a crucial component of a country’s fiscal policy and represents the amount of money the government needs to borrow to meet its expenditure commitments when its total expenses exceed its total revenue.
What is meant by public debt?
- Public debt represents the total amount of money that a country’s central government owes to various creditors, whether individuals, financial institutions, or foreign governments, at a specific point in time.
- It is the cumulative result of past fiscal deficits and surpluses. Public debt includes all outstanding government borrowings, including both short-term and long-term debt.
What is meant by financial repression?
- Financial repression is an economic term used to describe government policies and regulations that manipulate interest rates, capital flows, and other financial instruments to channel funds towards the government’s debt obligations and other strategic priorities.
- It typically involves measures aimed at reducing the cost of government borrowing and raising funds for public spending, often at the expense of savers and investors.
India’s fiscal deficit and public debt
- One of the Highest Debt Levels: Even before the COVID-19 pandemic, debt levels were among the highest in the developing world and emerging market economies.
- Fiscal Deficit: The fiscal deficit in 2020–21 increased to 13.3% of GDP and has receded to 8.9% in the post-pandemic period.
- Public Debt: The aggregate public debt relative to GDP was 89.6% in 2020–21 and decreased to 85.7% after the economy started recovering from the pandemic.
- Debt-to-GSDP Ratios in Specific States: The debt-to-GSDP ratios in specific states: Punjab (48.9%), West Bengal (37.6%), Rajasthan (35.4%), and Kerala (close to 33%)
Impact of financial repression
- High Debt and Interest Payments:
- Financial repression may lead to higher government debt levels as it facilitates borrowing at low-interest rates. As a result, interest payments on the accumulated debt can become a significant burden on the government’s finances.
- On average, interest payments constitute over 5% of GDP and 25% of revenue receipts in India. This surpasses government expenditures on critical sectors like education and healthcare, hindering investments in essential infrastructure and human development.
- State-Specific Concerns: Certain states in India, such as Punjab, Kerala, Rajasthan, and West Bengal, are particularly affected by high Debt-to-GSDP ratios. The debt burden in these states poses challenges for managing finances and implementing developmental initiatives.
- Constraints on Fiscal Policy: Elevated debt levels resulting from financial repression can limit the government’s ability to implement counter-cyclical fiscal policies during economic downturns. This constraint can hinder the government’s capacity to respond effectively to shocks and economic challenges.
- Distorted Financial Market: Government interventions, such as the SLR requirement, can create imbalances in the allocation of funds, affecting the availability of credit for productive sectors like manufacturing.
- Impact on Sovereign Rating and External Borrowing: Persistently high deficits and debt levels can lead to lower sovereign ratings by rating agencies. A low sovereign rating can increase the cost of external commercial borrowing, making it more expensive for the government to raise funds from international markets.
- Burden on Future Generations: Excessive debt accumulation can lead to intergenerational equity issues, with future citizens having to repay the debt and interest accrued during the period of financial repression.
Way forward: Financial Consolidation
- Fiscal Responsibility and Budget Management (FRBM) Rules: Enforce and strengthen the existing FRBM rules to ensure prudent fiscal management. Adhering to these rules can help control deficits and prevent excessive debt accumulation.
- Targeted Interventions: Implement targeted interventions to reduce the debt burden while addressing critical needs such as education, healthcare, and infrastructure development. For instance, the government can allocate funds specifically to boost primary education and healthcare access in states with high debt burdens, such as Punjab, Kerala, Rajasthan, and West Bengal.
- Infrastructure Investments: Prioritize investments in physical infrastructure, human capital, and green initiatives to enhance economic productivity and foster sustainable development. For example, investing in renewable energy projects can support the green transition while creating employment opportunities.
- Enhance Tax Collection and Compliance: Improve tax administration and compliance to increase government revenue. Utilizing technology for cross-matching of GST and income-tax returns can enhance tax collection efficiency and curb tax evasion.
- Fiscal Reforms at the State Level: Encourage states to adopt responsible fiscal policies and avoid excessive borrowing. For example, the central government can provide incentives to states that adhere to fiscal discipline and implement reforms to improve fiscal health.
- Disinvestment and Efficient Asset Management: Pursue disinvestment and strategic asset management to optimize government resources and reduce the need for excessive borrowing. For instance, the government can consider divesting non-essential government assets and utilizing funds from asset sales efficiently. Instead of pouring money into BSNL, which may be better served by private sector expertise, the government can explore disinvestment options.
- Market-Based Interest Rates: Gradually transition towards market-driven interest rates on government borrowing to ensure a more efficient allocation of capital in the financial market. This can help improve credit availability for the private sector.
- Encourage Private Sector Participation: Promote private sector participation in critical sectors, allowing the government to focus on its core functions. For instance, the government can encourage private investment in infrastructure projects through public-private partnerships (PPPs).
- Focus on Cash Transfers: Consider providing targeted cash transfers instead of subsidies for specific commodities and services. Cash transfers can be more efficient at redistributing resources without causing unintended distortions in relative prices.
- Medium-Term Fiscal Consolidation: Develop and implement a medium-term fiscal consolidation plan to gradually reduce the fiscal deficit and public debt levels sustainably. This plan can include specific targets for debt reduction and deficit control.
Conclusion
- Financial repression’s adverse effects, along with the heavy costs of high deficits and debt, necessitate responsible policy interventions and fiscal consolidation. Emphasizing technological advancements and prudent economic policies will be vital in tackling the debt burden and ensuring long-term fiscal sustainability.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Full-Reserve Banking
Mains level: Not Much
Central Idea
- Full-reserve banking, also known as 100% reserve banking, and fractional-reserve banking are two different systems of banking that determine how banks handle customer deposits and lending practices.
- This article discusses the key differences between these two banking systems and the arguments put forth by proponents of each approach.
What is Full-Reserve Banking?
- Custodian Role: In a full-reserve banking system, banks hold all money received as demand deposits from customers in their vaults, acting as safekeepers of depositors’ funds.
- Limited Lending: Banks can only lend money from time deposits, which customers can withdraw after an agreed-upon period.
- Preventing Bank Runs: The full reserve ensures banks can meet depositor demands even if all customers seek to withdraw their money simultaneously, reducing the risk of a bank run.
- Restricted Money Supply: Banks cannot create money through loans, limiting their influence on the economy’s money supply and potentially preventing artificial booms and busts.
Contrary Idea: Fractional-Reserve Banking
- Lending with Electronic Money: Banks in a fractional-reserve system predominantly lend in the form of electronic money, allowing them to lend more than the physical cash they have in vaults.
- Risk of Bank Runs: Although electronic money minimizes cash withdrawals, excessive loans can lead to a bank run if depositors demand cash that exceeds the actual cash reserves.
- Supporting Economic Growth: Proponents argue that fractional-reserve banking fuels investment and economic growth by allowing banks to create loans without relying solely on customer savings.
Arguments for both systems
- Fractional-Reserve Banking: Supporters believe fractional-reserve banking frees the economy from the constraints of real savings, stimulating investment and growth.
- Full-Reserve Banking: Supporters argue that full-reserve banking is more natural, prevents bank runs, and limits banks’ ability to create money, which could prevent economic instability.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: No-Confidence Motion
Mains level: Not Much
Central Idea
- Opposition parties belonging to the new Alliance INDIA plan to move a no-confidence motion against the government to force the PM to speak on Manipur unrest.
Motion of No-Confidence
- In the Indian parliamentary system, a motion of no-confidence plays a crucial role in assessing the government’s strength and accountability.
- This motion allows opposition parties or any member to express their lack of confidence in the Council of Ministers, leading to a significant political event.
Procedure for No-Confidence Motion:
- Rule 198: The procedure for a no-confidence motion is laid down under Rule 198 of the rules of procedure and conduct of the Lok Sabha.
- Absence of Grounds: Such does not require specific grounds to be mentioned in the motion, and even if mentioned, these grounds do not form part of the motion.
- Lok Sabha Exclusive: It can only be moved in the Lok Sabha and not in the Rajya Sabha.
- Written Notice: Any member of the Lok Sabha can move a no-confidence motion by providing a written notice before 10 am.
- Acceptance and Discussion: For the motion to be accepted, a minimum of 50 members must support it. Once accepted, the Speaker announces the date for the motion’s discussion within 10 days.
- Voting: Voting can be conducted through a voice vote, division vote (using electronic gadgets, slips, or a ballot box), or a secret ballot vote.
Implications of Voting
- Majority Decision: Following the vote, the side with the majority determines the motion’s outcome.
- Speaker’s Role: In the event of a tie, the Speaker casts the deciding vote to resolve the impasse.
Outcomes
- Government Resignation: If the government fails to prove its majority in the House, it is obligated to resign from power.
- Political Impact: A successful no-confidence motion can lead to significant political changes and reshuffling of the government.
Try this PYQ:
Q. Consider the following statements regarding a No-Confidence Motion in India:
- There is no mention of a No-Confidence Motion in the Constitution of India.
- A Motion of No-Confidence can be introduced in the Lok Sabha only.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Post your answers here.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Madhav Gadgil Report , Kasturirangan Report
Mains level: Read the attached story
Central Idea
- A devastating landslide in Maharashtra’s Raigad district recently resulted in the loss of 27 lives and the destruction of an entire village.
- This tragic incident has reignited discussions about the 2011 Dr Madhav Gadgil report on the conservation of the ecologically sensitive Western Ghats.
Dr Madhav Gadgil Report
- Formation: In 2010, the Western Ghats Ecology Expert Panel (WGEEP), chaired by ecologist Dr Madhav Gadgil, was appointed by Union Environment Ministry.
Key recommendations:
(1) Proposition of ESZs: The report proposed classifying 64 percent of the Western Ghats, spanning six states, into Ecologically Sensitive Zones (ESZ) – ESZ 1, ESZ 2, and ESZ 3, and designating the entire region as an Ecologically Sensitive Area (ESA).
(2) Development Restrictions: The report recommended stopping almost all developmental activities, including mining, construction of thermal power plants, and dams, in ESZ 1. It also called for the phasing out of mining in ESZ 1 in Goa, banning new polluting industries in ESZ 1 and ESZ 2 in Maharashtra’s Ratnagiri and Sindhudurg districts, and implementing zero pollution norms for existing industries.
(3) Sustainable Farming: The report advocated a ban on growing single commercial crops, such as tea, coffee, cardamom, rubber, banana, and pineapple, to promote sustainable farming practices in the Western Ghats.
(4) Establishing a dedicated Authority: It recommended decentralization and granting more powers to local authorities in the governance of the environment. The establishment of a Western Ghats Ecology Authority was proposed to manage the region’s ecology and ensure sustainable development.
(5) Certain prohibitions: The report urged the prohibition of genetically modified crops, plastic bags, Special Economic Zones, and new hill stations, along with the protection of river ecosystems and public lands.
Challenges in Implementation:
- Stakeholder Resistance: The recommendations faced opposition from stakeholder states, fearing negative impacts on development and livelihoods.
- Formation of Kasturirangan Panel: In response to the resistance, a High-Level Working Group on Western Ghats, led by Dr K Kasturirangan, was constituted. This panel’s report, released in 2014, designated only 37 percent of the region as ecologically sensitive, significantly less than Gadgil’s proposal.
- Revision and Splitting of ESZ: The Kasturirangan report divided the Western Ghats into cultural (human settlements) and natural (non-human settlements) regions. It suggested designating cultural lands as ESAs and introduced red, orange, and green categories for activities based on regulation levels.
Controversy and Criticism
- Dr Madhav Gadgil criticized the Kasturirangan report, stating that it distorted and perverted the essence of his panel’s original recommendations.
- He highlighted the importance of including local communities in economic decisions and the need for a more pro-nature approach.
Current Status
- High-Powered Committee: By 2022, the Ministry of Environment, Forest, and Climate Change (MoEF&CC) announced the formation of a high-powered committee to conduct physical landscaping and submit a detailed report within a year.
Conclusion
- The Raigad landslide tragedy and the discussions about the Dr Madhav Gadgil report underscore the significance of preserving the ecologically sensitive Western Ghats.
- The delicate balance between conservation efforts and developmental requirements remains a complex issue.
- It is essential for stakeholders, governments, and experts to collaborate and find sustainable solutions to protect this vital ecosystem and its biodiversity for future generations.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: RTI
Mains level: Read the attached story
Central Idea
- Chief Justice of India acknowledged the concerns raised by political parties regarding the potential disclosure of internal decisions under the Right to Information (RTI) Act.
- The case before the three-judge Bench seeks to determine whether national and regional political parties should be considered “public authorities” under the RTI Act.
- The court will delve into the matter further to strike a balance between transparency and the confidentiality of parties’ internal functions.
Facts for Prelims: Right to Information (RTI) Act
| Enactment |
June 15, 2005 |
| Objective |
Promote transparency and accountability |
| Applicability |
All public authorities at central, state, local levels |
| Scope |
Access to information on matters of public interest, government policies, budgets, etc. |
| RTI Application |
Filed in writing with the concerned public authority |
| Response Time |
Within 30 days (48 hours for life or liberty issues) |
| Exemptions |
Some information exempted to protect national security, privacy, etc.
Judiciary |
| Fees |
Nominal fee varies based on state and information requested |
| First Appellate Authority |
Filed if dissatisfied with the response |
| Second Appeal |
Filed with the relevant Information Commission |
| Whistleblower Protection |
Safeguards against victimization for exposing corruption |
| Impact |
Promotes transparency, accountability, and good governance |
RTI Act and Political Parties
- Petitions Seeking Declaration: A batch of petitions has been filed, urging that political parties should be classified as “public authorities” under the RTI Act. The Congress, BJP, and other parties are respondents in this case.
- Concerns Raised: The Communist Party supports financial transparency but objects to revealing confidential information, such as candidate selection processes and internal discussions.
- Judicial Observation: CJI acknowledged the concerns, indicating that parties may have a point in not disclosing internal candidate selection processes.
Arguments Presented
- Benefits and Governance Role: Petitioners argue that political parties receive considerable benefits from the government, including bungalows, and play a role in governance through legislator control.
- CIC’s Ruling: The Central Information Commission (CIC) had previously declared political parties as public authorities in 2013 and 2015.
- Parties’ Response: Political parties have expressed reservations, stating that RTI disclosure may intrude on confidential discussions, affect their stance towards the government, and hinder their ability to organize protests against government policies.
- Union Government’s Stand: The government opposes the petitions, contending that parties’ internal functioning and financial information should not be compelled under the RTI Act, as this could be misused by political rivals.
CIC’s Interpretation
- Liberal Interpretation of RTI Act: The CIC’s interpretation of Section 2(h) of the RTI Act, classifying political parties as public authorities, has been disputed.
- Political Parties Not Government Bodies: The Centre argues that political parties are not government bodies established by the Constitution or any parliamentary law.
- Existing Transparency Provisions: The Income Tax Act and the Representation of the People Act already require necessary transparency regarding financial aspects of political parties.
Conclusion
- The case raises essential questions about transparency versus confidentiality in their internal operations of a political party.
- Striking a balance between citizens’ right to information and parties’ right to maintain confidentiality will be crucial in the court’s deliberation.
- The judgment could set a precedent for how political parties are held accountable to the public while safeguarding their internal processes.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Himachal Flood
Central Idea
- Himachal Pradesh has experienced devastating flash floods during the recent monsoon season, resulting in a significant loss of lives and assets.
- This article explores the factors contributing to the floods, including climate change and anthropogenic actions, and raises questions about the current development model’s sustainability.
Reasons for amplified Flood Impacts
[A] Climate Change and Floods
- IPCC’s Warning: The IPCC VI report predicts that the Himalayas and coastal regions of India will be the hardest hit by climate change. Increased precipitation in shorter periods is evident in the Himalayas, leading to heavy rains and floods.
- Abnormal Rainfall: Normal rainfall is expected to be between 720mm and 750mm, but instances of exceeding 888mm in 2010 and 926.9mm in 2018 have been observed. The current precipitation has been a result of the combined effect of the southwest monsoon and western disturbances.
[B] Impact of Development Model
- Dr. Parmar Model: Himachal Pradesh’s development model, initiated in 1971, transformed the state into a model of development for mountain regions. It focused on land reforms, social welfare investments, and human resource development.
- Shift in Development: Liberalization brought demands for fiscal reforms, forcing the state to generate its own resources. Exploitation of natural resources such as forests, water, tourism, and cement production became the focus of development efforts.
- Hydropower Projects: Dominant focus on hydropower projects led to uncontrolled construction, transforming mountain rivers into streams, and causing ecological damage.
- Tourism Expansion: Road expansion for tourism promotion resulted in bypassing geological studies, leading to landslides and destruction during rainfall.
- Cement Plants: Establishment of massive cement plants altered the landscape, reducing the land’s water absorption capacity and contributing to flash floods.
- Changing Crop Patterns: Shift from traditional cereal farming to cash crops increased the demand for hastily constructed roads without proper drainage, leading to rapid swelling of rivers during rainfall.
Way Forward
- Commission of Inquiry: Instituting a Commission of Inquiry involving major stakeholders can address policy framework failures and project aspects.
- Empowering Local Communities: A new architecture is needed to empower local communities over their assets. Insuring assets and involving local communities as custodians can expedite rebuilding efforts.
- Sustainable Infrastructure: With climate change as a reality, infrastructure planning should adapt to avert disasters and mitigate the impacts of heavy rainfall.
Conclusion
- The flash floods in Himachal Pradesh demonstrate the consequences of both climate change and human-induced development.
- It calls for a comprehensive approach that considers sustainable development practices, empowers local communities, and prioritizes environmental conservation to protect lives and assets in the region.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Electric Dipole Moment (EDM)
Mains level: Read the attached story
Central Idea
- Researchers from the University of Colorado conducted an experiment to study the electric dipole moment (EDM) of an electron.
- This EDM measurement could help solve the mystery of why there is more matter than antimatter in the Universe, which goes against the predictions of the Standard Model of particle physics.
Understanding Electron’s EDM
- Electric Dipole Moment (EDM): The EDM of an electron is a measure of how its positive and negative electrical charges are distributed. Imagine it like a bar magnet: it shows how asymmetric the charge distribution is within the electron, as if the negative charge (electron) is not perfectly centered with respect to the positive charge (proton) within the particle.
- Elementary Particles: Electrons are the smallest, fundamental building blocks of matter. Their EDM is an important concept in particle physics because it helps scientists study violations of certain fundamental symmetries, such as time-reversal symmetry and charge-parity symmetry.
Matter-Antimatter Asymmetry Problem
- Matter and Antimatter: Matter and antimatter are particles with opposite charges but similar properties. According to the Standard Model, equal amounts of matter and antimatter should have been created during the Big Bang, but this is not what we observe in the Universe.
- Annihilation: When matter and antimatter come into contact, they annihilate each other, releasing energy. This raises the question of why there is still matter around us, as both should have completely annihilated each other after the Big Bang.
Measuring the EDM:
- EDM Measurement: By measuring the EDM of an electron, scientists can determine if the electron’s charge is perfectly centered or slightly off to one side, indicating a separation of charge.
- Time Symmetry Violation (TSV): If an electron’s EDM is non-zero, it suggests a violation of time symmetry, meaning the behavior of particles is different when time is reversed. This violation could be a clue to explaining the matter-antimatter asymmetry.
Thesis to this dichotomy: Sakharov’s Conditions
These are three conditions proposed by physicist Andrei Sakharov to explain why there is more matter than antimatter in the Universe:
- Baryon Number Violation: Some processes violate the conservation of baryon number, leading to the creation of more matter than antimatter. Baryons are particles like protons and neutrons.
- C-Symmetry and CP-Symmetry Violation: Certain processes treat matter and antimatter differently due to violations of charge conjugation (C-symmetry) and combined charge conjugation with parity (CP-symmetry).
- Out-of-Equilibrium Processes: Certain processes happen out of thermal equilibrium, preventing the complete annihilation of particles and resulting in an excess of matter.
Experiment carried out
- Complex Experimental Setup: The researchers used advanced techniques involving magnetic fields, lasers, microwaves, and radiofrequency fields to control and measure the EDM of electrons confined inside molecular ions.
- EDM Bound: The experiment set a limit on the electron’s EDM, indicating that it is about 2.4 times higher than previously measured and roughly 1 billion times larger than predicted by the Standard Model.
Implications and Future Prospects
- Searching for New Physics: The measurement of the electron’s EDM opens up the possibility of discovering new physics beyond the Standard Model.
- Role in Explaining Asymmetry: The knowledge gained from EDM measurements could guide future high-energy particle colliders to produce particles that violate time symmetry, helping us understand why there is more matter than antimatter in the early Universe.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: UNESCO
Mains level: Not Much
Central Idea
- The US first lady held a flag-raising ceremony at UNESCO in Paris, marking Washington’s official re-entry.
UNESCO (United Nations Educational, Scientific and Cultural Organization)
|
| Established |
November 16, 1945 |
| Headquarters |
Paris, France |
| Membership |
195 member states and 10 associate members |
| Mandate |
Promoting international cooperation in education, science, culture, and communication |
| Objectives |
- Ensuring an inclusive and equitable quality education for all
- Safeguarding cultural heritage
- Advancing scientific research and collaboration
- Promoting freedom of expression
- Fostering intercultural dialogue
|
| Notable Programs and Activities |
- World Heritage Program: Designates and preserves sites of outstanding universal value
- Education for All Program: Ensuring inclusive and equitable quality education for all
- International Hydrological Program: Promoting sustainable water management and cooperation
- Man and the Biosphere Program: Promoting sustainable development and Conservation of natural resources
- Intangible Cultural Heritage Program: Safeguarding and promoting intangible cultural heritage
|
A quick recap
- US and Israel’s withdrawal: Last December, the United States and Israel decided to leave UNESCO.
- Historical trajectory of engagement: The decisions should be viewed within a longer historical context.
Reasons for Withdrawal
- Anti-Semitic resolutions: The US and Israel cited several resolutions that they perceived as biased against Israel.
- Disdain for multilateralism and ‘America First’ policy: The US demonstrated a lack of interest in multilateral organizations and prioritized its own interests.
- Mounting arrears: The decision was based on mounting arrears, the need for reform, and perceived anti-Israel bias.
- Lack of interest in paying UNESCO debts: The Trump administration had little incentive to pay off debts accumulated since the Obama administration froze contributions.
Implications of the withdrawal
- Impact on UNESCO’s daily workings: The departure of the US and Israel impaired the organization’s operations.
- Limited consequence for Palestinians: The diplomatic victory for the Palestinian Authority was of little political or economic significance for Palestinians living under occupation.
Why is the US now joining back?
- Counterbalance China’s influence: The US aims to counterbalance China’s growing influence in shaping global policies on artificial intelligence and technology education.
- Protect and promote US interests: Rejoining allows the US to protect and advance its interests in cultural heritage preservation, climate change initiatives, and girls’ education.
- Reforms and diplomatic efforts: UNESCO’s management reforms and efforts to address concerns have contributed to the US decision to rejoin.
- Bipartisan support for engagement: The decision to rejoin UNESCO has received bipartisan support within the US, ensuring long-term engagement regardless of future political changes.
- Financial considerations and commitment: The US plans to fulfill financial obligations to UNESCO, including paying dues and arrears, demonstrating a commitment to supporting key initiatives within the organization.
Conclusion
- The decision of the United States to rejoin UNESCO reflects a strategic effort to counterbalance China’s influence, protect and promote American interests, and engage in international efforts for cultural preservation, climate change, and education.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Tax reforms in news
Mains level: Tax on online gaming, advantages and impact on industry, Need for balanced approach
What’s the news?
- The Goods and Services Tax (GST) Council recently decided to impose the top 28% slab on online gaming, horse racing, and casinos.
- The government anticipates earning an additional Rs 20,000 crore per annum.
“Nothing in this world is certain but death and taxes.” -Benjamin Franklin
Central Idea
- The recent decision of the 50th GST Council to impose a staggering 28% tax on the total amount involved in online games has sparked concerns over the survival of an entire industry that employs a substantial workforce.
The Distinction between Games of Skill and Games of Chance
- For more than 150 years, the legal system has distinguished between games of skill and games of chance.
- While games of chance rely solely on luck and are akin to gambling, games of skill involve a level of competence, where the outcome is determined by the players’ abilities.
- The Public Gambling Act of 1867 recognizes games of skill as distinct from gambling, offering a legal shield to the former.
What is the Rationale Behind Levying a 28% Tax on Online Gaming?
- Revenue Generation: The primary objective is to generate additional revenue for the exchequer by taxing the booming online gaming industry, which has witnessed significant growth and popularity.
- Consistency in the Tax System: Applying a 28% GST on online gaming activities is aimed at ensuring equal treatment of various forms of entertainment and recreational activities in the tax system.
- Regulatory Control: The imposition of a higher tax rate may serve as a means of regulatory control over the online gaming industry, potentially influencing consumer behavior and promoting responsible gaming practices.
- Foreign Investment Considerations: Setting a tax rate comparable to global standards may attract foreign investments in the online gaming sector while ensuring tax compliance within the industry.
- Addressing Social Concerns: The government aims to address concerns related to excessive gaming and potential social issues by imposing a higher tax rate.
- Boosting Government Revenues: The estimated annual revenue boost of Rs 20,000 crore highlights the government’s view of the online gaming industry as a lucrative source of tax collection.
Impact of 28% GST on the Online Gaming Industry?
- Financial Burden on Players: The 28% GST on the entire amount pooled in online games may result in a higher financial burden on players, especially for those who do not win or participate frequently. This could discourage some players from engaging in online gaming activities.
- Viability of the Industry: The higher tax rate may impact the industry’s viability, particularly for gaming companies and startups. It could lead to reduced revenues for the companies, affecting their ability to invest in game development and innovation.
- Competitiveness: The increased tax rate may make Indian gaming platforms less competitive compared to international counterparts that might not be subject to such high taxation. This could lead to players shifting to offshore gaming platforms, impacting the domestic industry.
- Employment in the Sector: The online gaming industry in India is a significant employer, providing direct and indirect employment to thousands of people. The higher tax rate may put financial strain on companies, leading to potential job losses and reduced opportunities for growth in the sector.
- Impact on Foreign Investments: The higher tax rate could deter foreign investments in the Indian gaming industry, as investors may consider the tax burden and its potential effects on returns.
- Consumer Behavior: The higher GST rate might alter consumer behavior, with some players reducing their spending on online games or looking for alternative sources of entertainment.
- Potential Black Market: A high tax rate might incentivize some players to resort to black market or unregulated platforms to avoid the tax burden, leading to potential illegal activities and revenue losses for the government.
- Regulatory Challenges: The implementation of a 28% GST on online gaming might pose regulatory challenges for both gaming companies and the government, especially in ensuring compliance and proper tax collection.
- Innovation and Investment in the Sector: The higher tax rate may impact investments in research and development, innovation, and new game development within the industry.
- Growth of E-sports: The higher tax burden on gaming companies may affect the growth of e-sports and competitive gaming in India, as organizers and sponsors may face increased financial pressures
Way Forward: The Need for Balanced Taxation
- Engage Stakeholders: The government should engage in meaningful discussions with industry stakeholders, including gaming companies, players, and experts, to understand the unique challenges and opportunities in the sector.
- Review Taxation Structure: Consider revisiting the current tax structure and exploring alternatives such as focusing on service fees rather than taxing the entire pooled amount. Aligning with global practices can lead to more sustainable and equitable taxation.
- Promote Responsible Gaming: Allocate a portion of tax revenue to promote responsible gaming practices, player protection, and awareness programs to address potential social concerns.
- Encourage Domestic Investment: Provide incentives and tax breaks to encourage domestic gaming companies to invest in research, development, and innovation, fostering the growth of the industry.
- Support E-sports: Recognize the potential of e-sports and competitive gaming, and offer tax incentives to organizers and sponsors of e-sports’ events to stimulate the growth of the e-sport’s ecosystem.
- Continuous Monitoring: Regularly monitor the impact of taxation policies on the industry, employment, and overall revenue collection. Adjust the policies as necessary to maintain a balanced approach.
- International Collaboration: Collaborate with other countries and learn from their experiences in gaming taxation to refine and implement effective policies.
Conclusion
- The decision to impose a 28% GST on the entire amount pooled in online games could be catastrophic for the industry. A more balanced approach, considering the industry’s employment potential and overall economic impact, is essential. By focusing on reasonable taxation and fostering growth, policymakers can ensure the survival and prosperity of the online gaming industry while still collecting revenue for the government’s coffers.
Also read:
Goods and Services Tax (GST)
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Key concepts such as EPR, circular bioeconomy and various government schemes
Mains level: Circular bioeconomy significance and India's efforts
What’s the news?
- India has prioritized Resource Efficiency and the Circular Economy as one of its core themes during its G-20 presidency.
Central idea
- In the pursuit of sustainable development and the realization of the Sustainable Development Goals, decoupling resource utilization from economic growth is crucial. Recognizing the urgency to transition from the take-make-dispose model to the reduce-reuse-recycle approach.
What is the take-make-dispose model?
- The take-make-dispose model, also known as the linear economy model, refers to the traditional and linear approach to resource consumption and production in our economic system.
- In this model, resources are extracted from nature (take), processed into products (make), used by consumers, and then discarded as waste (dispose) after their useful life.
- It follows a one-way flow of resources from extraction to disposal without considering the long-term environmental and social impacts
What is the reduce-reuse-recycle approach?
- The reduce-reuse-recycle approach is a sustainable waste management strategy that aims to minimize the environmental impact of resource consumption and waste generation.
- It promotes a circular economy model by encouraging responsible resource use, extending the lifespan of products, and maximizing the recovery of materials to be used in new products.
What is meant by circular economy?
- A Circular economy is an economic model that aims to maximize resource efficiency and minimize waste by promoting the reuse, recycling, and regeneration of materials and products. It is a departure from the traditional linear economy, where resources are extracted, processed, used, and disposed of as waste.
What is meant by circular bioeconomy?
- Circular bioeconomy is an approach that seeks to combine the principles of circular economy with the use of renewable biological resources.
- The Circular bioeconomy adopts a closed-loop system, where biological resources, such as organic waste and agricultural by-products, are managed in a way that maximizes their value and minimizes their impact on the environment.
What is Extended Producer Responsibility (EPR)?
- EPR is a policy approach that holds producers accountable for the entire life cycle of their products, including their post-consumer stage.
- The concept of EPR shifts the responsibility for the management of products, especially waste and recycling, from the end-user or consumer to the manufacturer or producer.
India’s exemplary approach to EPR
- Centralized EPR Portal: India has established a centralized EPR portal, where over 20,000 registered Producers, Importers, and Brand Owners (PIBOs) are actively participating in EPR initiatives. This centralization streamlines waste collection efforts and facilitates better coordination in managing waste materials.
- Robust Framework: With over 1,900 plastic waste processors registered on the EPR portal, India boasts one of the largest frameworks for EPR implementation. This extensive network of processors contributes to efficient plastic waste management and recycling.
- Significant EPR Obligation: The combined EPR obligation of registered PIBOs amounts to a substantial 3.07 million tons. This indicates a substantial commitment by producers to manage and recycle the waste generated from their products, contributing to sustainable waste management practices.
- Comprehensive Rules for E-Waste and Battery Waste: In addition to plastic waste, India has also notified comprehensive rules for e-waste and battery waste management. This indicates a comprehensive approach to addressing various waste streams and promoting responsible waste management across different sectors.
Why is moving towards a circular Steel sector crucial?
- Commitment to Net Zero Ambitions: Most G-20 member countries have pledged to achieve net-zero emissions, indicating a collective determination to address climate change and promote sustainability.
- Improving Recycling Rates: To ensure environmentally responsible resource consumption, there is a need to raise the current recycling rates of steel, which currently range from 15% to 25%. Increased recycling can reduce the demand for new raw materials and lower the industry’s environmental impact.
- Vital Role of Steel in Infrastructure: Given its crucial role in infrastructure development, the efficient utilization of steel is of utmost importance. A circular steel sector can optimize resource use and minimize waste generation.
- Growing Steel Demand: With the global economy growing, the demand for steel, especially in developing economies like India, is expected to rise. Transitioning to a circular model becomes even more significant in managing this increased demand sustainably.
- Tackling Steel Sector Emissions: About 7% of energy sector emissions globally are attributed to iron and steel production. A circular steel sector is a key strategy to address these emissions and reduce the industry’s overall carbon footprint.
- Blueprint for a Net Zero Pathway: The presidential document on the Circular Economy in the Steel Sector serves as a potential blueprint to achieve a net-zero pathway for the steel industry.
- Sharing Best Practices: As different countries have implemented various EPR models, sharing best practices among G-20 member countries becomes crucial to accelerate the transition to a circular economy in the steel sector.
India’s efforts towards a circular bioeconomy and Biofuels
- Pradhan Mantri JI-VAN Yojana:
- This initiative provides financial support to integrated bioethanol projects that aim to set up Second Generation (2G) ethanol projects.
- 2G bioethanol technology allows for the production of bioethanol from waste feedstock, including crop residues and municipal solid waste, which would otherwise have no value.
- Enhancing Value from Waste:
- With 2G bioethanol technology, India maximizes the value derived from agricultural and urban waste, contributing to a more sustainable and circular economy.
- By converting waste materials into bioethanol, the country promotes efficient resource utilization and minimizes waste disposal challenges.
- Biomass Blending in Thermal Power Plants:
- India has taken significant steps to promote the use of biomass in the energy sector.
- It has made it mandatory for coal-burning thermal power plants to blend 5% of biomass pellets with coal.
- This measure reduces carbon emissions and encourages the adoption of cleaner and renewable energy sources.
- Galvanizing Organic Bio-Agro Resources (GOBAR) Dhan Scheme:
- The GOBAR Dhan scheme plays a vital role in promoting sustainable agriculture and reducing pollution.
- It involves the conversion of cattle dung and other organic waste into compost, biogas, and biofuels.
- The scheme has led to the establishment of over 500 functional biogas plants, creating rural livelihood opportunities and ensuring improved sanitation.
- Sustainable Alternative Towards Affordable Transportation (SATAT) Scheme:
- Launched in 2018, the SATAT Scheme is a crucial step towards promoting greener transportation.
- It aims to popularize Compressed BioGas (CBG) as an alternative green transportation fuel.
- The scheme accelerates the development of infrastructure for the production, storage, and distribution of CBG, further supporting the bioenergy sector’s growth
- Industry-Led Resource Efficiency and Circular Economy Coalition:
- Industries play a pivotal role in advancing resource efficiency and circular economy practices.
- India’s vision of an industry-led coalition aims to foster technological collaboration, build advanced capabilities across sectors, mobilize de-risked finance, and encourage proactive private sector engagement.
The role of the G-20 in promoting a circular bioeconomy
- Policy Coherence and Harmonization: By aligning policies related to bio-based products, waste management, and sustainable agriculture, the G-20 can promote consistent practices globally.
- Knowledge Sharing and Best Practices: Members can learn from successful initiatives in other countries, accelerating the adoption of sustainable practices and technologies.
- Technology Transfer: The G-20 can facilitate technology transfer between advanced and developing economies, enabling the adoption of advanced bio-based technologies in countries with fewer resources.
- Collaboration with International Organizations: The G-20 can collaborate with international organizations like the UN and OECD to align circular bioeconomy strategies with broader global development goals, such as the SDGs.
- Circular Agriculture and Food Systems: The G-20 can promote sustainable agricultural practices, such as agroecology and regenerative agriculture, to enhance food security, preserve biodiversity, and reduce agricultural waste
Conclusion
- Global platforms like the G-20 are instrumental in addressing critical challenges and finding sustainable solutions through collaborative efforts. By prioritizing circularity in the steel sector, implementing effective EPR policies, fostering a circular bioeconomy, and forming industry-led coalitions, India sets a commendable example for other nations to follow in the journey towards a greener and more sustainable world.
Also read:
E-waste sector and Gender Justice
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: POCSO Act
Mains level: Recent high court orders related to consent and the age of consent, issues, impact and measures
What’s the news?
- The recent High Court decisions have brought to the forefront the complexities surrounding consent and the age of consent under POCSO.
Central Idea
- In recent months, several High Courts have either quashed FIRs or acquitted accused persons under the Protection of Children from Sexual Offences (POCSO) Act, 2012, citing consensual sex as the reason. These decisions raise critical questions about the interpretation of consent and the age of consent, necessitating a thorough examination to ensure the best interests of the child.
Defining consent and the age of consent
- Consent:
- In the context of sexual relationships, consent is an explicit and voluntary agreement between individuals to engage in sexual activity. It must be given without any form of coercion, manipulation, or pressure.
- The concept of consent is crucial in promoting healthy and respectful relationships and preventing sexual misconduct.
- Age of Consent:
- The age of consent is a legal designation that specifies the minimum age at which an individual is considered capable of providing informed and lawful consent to engage in sexual activities.
- In the case of the Protection of Children from Sexual Offences (POCSO) Act, 2012, a child is defined as any person below the age of 18 years.
- Acts of penetrative sexual assault committed on children are considered criminal offenses under this act, regardless of their consent.
Recent High Court decisions regarding cases related to the POCSO Act
- Delhi High Court (July 12): The court granted bail to a 25-year-old accused, reasoning that the 15-year-old girl had eloped with him on her own and did not support the prosecution’s claim of sexual assault.
- Bombay High Court (July 10): The court quashed the conviction of a 25-year-old man under POCSO, stating that he had engaged in consensual sex with a 17-year-old girl. The girl had terminated her pregnancy after the accused was arrested.
- Madras High Court (July 7): The court quashed an FIR registered under POCSO and all related criminal proceedings. Furthermore, it directed the Director General of Police to produce reports of all such pending cases before the Court.
- Madhya Pradesh High Court (June 27): The court quashed an FIR registered under POCSO and all criminal proceedings, stating that the sexual relationship was consensual. The judgment did not mention the age of the accused, who happened to be the coach of the victim. Additionally, the Court recommended that the Indian government consider reducing the age of consent of the prosecutrix from 18 to 16 years.
Challenges and concerns over the recent High Court decisions
- Interpretation of Consent: One of the significant challenges lies in the interpretation of consent in cases involving minors. While the age of consent is legally defined as 18 years in India under POCSO, some High Courts acquitted accused individuals based on the premise of consensual sex, even when the victims were below the age of 18.
- Age Disparity: In some of the cases, there was a considerable age difference between the prosecutrix (the victim) and the accused. Despite this age disparity, the courts did not take it into account while delivering their judgments.
- Deterrence Factor: The harsh minimum imprisonment terms under POCSO for sexual offenses against minors, such as 10 years and 20 years for penetrative sexual assault and aggravated penetrative sexual assault, respectively, may have influenced the reluctance of courts to convict accused individuals in consensual sex cases.
- Legal Presumption: POCSO includes a mandatory legal presumption in favor of the victims. However, in some of the recent judgments, the High Courts did not consider this presumption, leading to questions about the application of the law in protecting the interests of the child victims.
- Child Welfare: The primary objective of POCSO is to safeguard children from sexual offenses, irrespective of consent. The recent decisions have sparked debates about whether these judgments truly serve the best interests of the child, or if they may unintentionally undermine the protective intent of the law.
- Need for Judicial Consistency: Inconsistencies in judgments by different High Courts create uncertainty in the legal system. Ensuring consistency in interpreting the law is essential for upholding the ‘Best Interests of the Child’ and maintaining public trust in the justice system.
Role of the Supreme Court in resolving the discrepancies
- As reducing the age of consent falls under the jurisdiction of Parliament, the Supreme Court must play a crucial role in resolving the discrepancies between the laid-down law and the various interpretations by different High Courts.
- This is particularly relevant given the Supreme Court’s previous judgment in Independent Thought v. Union of India (2017) wherein it held that even sexual intercourse with a minor wife is rape
Steps to address these gaps quickly
- Analyze Cases: The Bureau of Police Research and Development should analyze cases of consensual sex, age-wise, across different states. This analysis can help the Central government make informed decisions regarding the age of consent and its potential reduction.
- Reduce Harsh Minimum Imprisonment: The minimum imprisonment terms for sexual offenses under POCSO should be re-evaluated. Instead of acting as a benefit to the accused, the punishment should act as a deterrent and ensure justice for child victims.
- Judicial Leeway in Age of Consent: Consider granting some leeway to the judiciary in interpreting consent in cases where the victim is of lower age based on the child’s understanding of consequences. This would allow for a more nuanced approach to cases involving minors.
- Uphold the Best Interest of the Child: The ‘Best Interests of the Child’ principle should be a guiding factor in all decisions related to POCSO cases. The welfare and well-being of the child victims should be the paramount consideration.
- Supreme Court Intervention: The Supreme Court must intervene promptly to address the gap between the laid down law and the different interpretations by the High Courts. Its role is crucial in ensuring consistency and uniformity in the application of the law.
- Legislative Review: The Parliament should consider reviewing the age of consent in light of the recent High Court decisions and expert analyses. Any potential reduction in the age of consent should be done thoughtfully, with the ‘Best Interests of the Child’ as the primary concern.
- Public Awareness: Launch public awareness campaigns to educate the public about the importance of protecting children from sexual offenses and the legal rights of child victims.
- Specialized Training: Provide specialized training to judges, prosecutors, and lawyers on child protection laws and the Best Interests of the Child principle to enhance their understanding of the unique needs and vulnerabilities of child victims
Conclusion
- Striking a balance between protecting children from sexual assault and considering their understanding of consent is essential. It is imperative for the Supreme Court and the legislature to address this issue promptly to ensure the welfare and safety of children across the country.
Also read:
Reviewing the Age of Consent Under POCSO Act
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: CBFC, Film Certification Process
Mains level: Not Much
Central Idea
- Union Information & Broadcasting Minister has expressed displeasure with the Central Board of Film Certification (CBFC) over its approval of the Hollywood film “Oppenheimer.”
- The Minister has reportedly asked officials to remove a particular scene from the movie that has generated controversy on social media.
Understanding the CBFC
- Role: The Central Board of Film Certification is a statutory body under the Ministry of Information and Broadcasting, responsible for regulating the public exhibition of films in India under the Cinematograph Act, 1952.
- Certification Requirement: Films can be screened in India only after receiving certification from the Board.
- Composition: The CBFC comprises a Chairperson and members appointed by the Central Government. There are nine Regional Offices with Advisory Panels to assist in the examination of films.
Film Certification Process
- Examining Committee: After submitting all film materials and requisite fees, a regional officer forms an Examining Committee to view the film. For short films (shorter than 72 minutes), the committee includes a CBFC officer and one advisory panel member, with at least one being a woman. For long films (longer than 72 minutes), at least two committee members must be women.
- Certification Recommendations: Each committee member provides a written report with their recommendations for modifications and classification of the film.
- CBFC Decision: The Chairperson reviews the committee’s reports and initiates further procedures based on their recommendations.
Types of Certifications:
- Unrestricted Public Exhibition (U)
- Parental Guidance for children below age 12 (U/A)
- Adult (A)
- Viewing by specialized groups (S)
Controversies and Appeals
- Suggested Changes: CBFC may suggest modifications or excisions in the film before granting certification. Applicants dissatisfied with the certification or suggested changes can apply to the Revising Committee.
- Revising Committee: The Revising Committee consists of the Chairperson and up to nine members from the board and advisory panel.
- Appellate Tribunal: If disagreements persist, the Appellate Tribunal, an independent body, can be approached.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Meri Maati Mera Desh Initiative
Mains level: NA
Central Idea
- The Union government has launched the ‘Meri Maati Mera Desh’ campaign as a grand culmination of the ‘Azadi Ka Amrit Mahotsav,’ celebrating 75 years of Indian Independence.
Meri Maati Mera Desh
- This initiative aims to honor and commemorate the sacrifices of martyrs.
- It includes freedom fighters, defense personnel, and members of the Central Armed Police Forces (CAPF) and State Police, who laid down their lives in the line of duty.
Five-Point Agenda
- Shilaphalakam Installation: Memorials will be erected, adorned with the names of those who made the supreme sacrifice for the nation. The veers (bravehearts) will be remembered and respected for their immense contribution to the country’s freedom, unity, and integrity.
- Pledge of Commitment: A solemn pledge will be taken by people at the memorial sites, reaffirming their unwavering commitment to the nation and its values.
- Vasudha Vandhan: Every gram panchayat or village will participate in ‘Vasudha Vandhan’ by planting 75 saplings of indigenous species, rejuvenating Mother Earth, and developing Amrit Vatikas (Eternal Gardens).
- Veeron Ka Vandan: Freedom fighters and the families of deceased freedom fighters will be honored and felicitated. Retired defense personnel, CAPF, and State Police personnel, along with the families of those who lost their lives in the line of duty, will also receive recognition for their invaluable service to the nation.
- National Flag Hoisting: The National Flag will be proudly hoisted, and the National Anthem will resonate in unison, filling the air with patriotism and pride.
Implementation and Events
- Events will be organized at various levels, from panchayat and village to block, urban local bodies, state, and national levels.
- Soil from every panchayat/village will be collected by young volunteers and brought to the block, from where ‘Mitti Kalash’ (pots of soil) will be ceremoniously transported to Delhi.
- The collected soil will be utilized to create a unique garden, the Amrit Vatika, at the Kartavya Path in Delhi, honoring the heroes of Indian freedom struggle and national integrity.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Cantonments
Mains level: NA
Central Idea
- The Ministry of Defence (MoD) has put forward a proposal to excise civil areas in 58 cantonments across the country, intending to merge them with State municipalities.
- Earlier in May, the centre kicked off a plan to abolish the 62 cantonments around the country as “archaic colonial legacies”.
What are Cantonments?
- Definition: Cantonments are permanent military stations where a group of military personnel are stationed for administrative purposes. They are governed by the Cantonments Act, 2006, which provides for municipal administration and control of these areas.
- Number and Locations: India currently has 62 cantonments spread across various states, with some areas known for their better infrastructure and facilities compared to other parts of the country.
- Cantonment Boards: Cantonments are managed by Cantonment Boards, which are democratic bodies comprising elected and nominated members. The Station Commander of the Cantonment serves as the ex-officio President of the Board.
Historical Background
- The Cantonments Act, 1924, was enacted by the British to regulate the municipal administration of cantonments.
- After India’s independence, the Cantonments Act was modified to suit the democratic setup of the country.
- The current Cantonments Act, 2006, replaced the previous version, aiming to provide greater autonomy and accountability to the Cantonment Boards.
Categories of the erstwhile Cantonments
Cantonments are categorized based on the population size residing within them:
- Category I: Cantonments with a population of over 50,000.
- Category II: Cantonments with a population of 10,000 to 50,000.
- Category III: Cantonments with a population of less than 10,000.
- Category IV: Industrial or training Cantonments, irrespective of their population size.
Broader plan
- Conversion to Exclusive Military Stations: Under the plan, military areas within all cantonments will be carved out and designated as “exclusive military stations.” The Army will exercise “absolute control” over these areas, streamlining their administration and operations.
- Merger with Local Municipalities: The civilian areas of cantonments will be integrated with the respective local municipalities. These municipalities will take up the responsibility of maintaining these areas, along with providing essential services and infrastructure.
- Move Away from Traditional Cantonment Concept: Post-independence, the Indian Army moved away from the traditional cantonment concept, primarily due to friction between military and civilian authorities. However, certain major cantonments continued to exist, such as Pune Cantonment and Agra Cantonment.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Semiconductors
Mains level: Read the attached story
Central Idea
- Despite recent setbacks, including the withdrawal of Foxconn Technology Group from a joint venture with Vedanta, Ltd., India remains committed to its semiconductor ambitions.
What are Semiconductors?
- Semiconductors are a class of materials that exhibit a unique property of electrical conductivity, lying between conductors and insulators.
- Unlike conductors, which allow electricity to flow freely through them, and insulators, which do not conduct electricity at all, semiconductors have an intermediate level of electrical conductivity.
Key characteristics of semiconductors include:
- Electrical Conductivity: Semiconductors conduct electricity better than insulators but not as effectively as conductors. Their conductivity can be controlled and modified.
- Band Gap: Semiconductors have an energy band gap that separates the valence band, where electrons are tightly bound, from the conduction band, where electrons can move more freely. This band gap is smaller than that of insulators but larger than that of conductors.
- Temperature Dependency: The conductivity of semiconductors is highly temperature-dependent. As the temperature increases, their electrical conductivity also increases.
- Doping: Semiconductors can be intentionally doped with impurities to alter their electrical properties. Doping introduces additional charge carriers, either electrons or holes, which can enhance or diminish conductivity.
Semiconductors and Transistors
- Semiconductor Chip Composition: At its core, a semiconductor chip consists of transistors crafted from materials like silicon. Transistors encode information as 0s and 1s and manipulate them to create new data.
- Three Parts of a Transistor: A transistor comprises the source, the gate, and the drain. By manipulating the gate to open or close, data is stored and manipulated in the semiconductor chip.
- Metal Layers and Connectivity: Transistors are connected to multiple metal layers on top, forming a complex network of electrical connections that enable the chip to execute multiple tasks.
Understanding Semiconductor Nodes
- Naming Convention: Semiconductor nodes were historically based on two numbers: gate length and metal pitch. As transistors shrunk, this naming convention evolved.
- Discrepancy and Progress: With advancing miniaturization, both gate length and metal pitch ceased to contribute to node names. Today’s cutting-edge 7 nm node has no physical parameter close to 7 nm.
Importance of Legacy Nodes
- Advantages of Legacy Nodes: While advanced nodes range from 10 nm to 5 nm, India’s current focus is around 28 nm or higher. Starting with legacy nodes offers advantages for cost-effective applications in robotics, defence, aerospace, industry automation, automobiles, IoT, and image sensors.
- Revenue Source: Commercial fabs maintain the production of legacy nodes alongside advanced nodes, catering to various demands. The revenue from legacy nodes is still significant in the semiconductor market.
India’s Semiconductor Journey
- Sensible Approach: India’s choice to start with legacy nodes is strategic. It equips the country for long-term success, as demand for legacy nodes in applications like electric cars and infotainment systems increases.
- Future Potential: With continuous improvement and development, India’s semiconductor industry has the potential to grow and become a global hub for semiconductor technology.
Conclusion
- India’s focus on legacy nodes lays a solid foundation for its semiconductor ambitions.
- Embracing these nodes equips the nation for growth and positions it as a player in the global semiconductor landscape.
- With a commitment to innovation and advancement, India has the potential to become a key player in the semiconductor world.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: DNA
Mains level: Genetic Profiling, Issues
Central Idea
- The Union government recently withdrew the DNA Technology (Use and Application) Regulation Bill, 2019, from the Lok Sabha.
DNA Bill, 2019: Highlights
- The Bill, first proposed in 2003, aims to establish a regulatory framework for obtaining, storing, and testing DNA samples of individuals, primarily for criminal investigations and establishing identity.
- Over the years, the Bill has undergone changes and was referred to the Parliamentary Standing Committee in 2019.
- The committee raised concerns about potential misuse based on religion, caste, or political views.
Key Features
- Objective: The Bill sought to create a regulatory framework for DNA sample collection, testing, and storage, primarily for criminal investigations and establishing a person’s identity.
- Existing Uses of DNA Technology: DNA testing is already employed for criminal investigations, parentage establishment, and locating missing individuals.
- Proposed Institutional Structures: The Bill aimed to establish a DNA regulatory board and a DNA data bank at the national level, with the possibility of regional centers at the state level.
- Role of the DNA Regulatory Board: The board would frame guidelines and rules for DNA collection, testing, and storage.
- DNA Data Bank: The data bank would store all DNA samples collected under specified rules.
- Restricted Testing: DNA sample testing would be allowed only at laboratories authorized by the regulatory board.
- Handling of DNA Samples: The Bill specified the circumstances under which individuals could be asked to submit DNA samples, the purposes for such requests, and the exact procedures for handling, storing, and accessing these samples.
Controversies and Objections against the Bill:
- Reliability of DNA Technology: Critics raised concerns about the foolproof nature of DNA technology and its potential for error.
- Risk of Misuse: The main debate centered on the possibility of abuse of DNA information. Detractors feared that intrusive DNA data collection and storage could lead to misuse and violations of individual privacy.
- Privacy Concerns: DNA information reveals not only a person’s identity but also physical and biological attributes such as eye, hair, or skin color, susceptibility to diseases, and possible medical history. Critics argued that storing such personal information could compromise privacy rights.
Standing Committee’s Concerns
- Technical and Sensitive Nature: The Standing Committee’s report acknowledged that the Bill was technical, complex, and sensitive.
- Addressing Fears: The report recognized and addressed concerns expressed by several members about the potential misuse of DNA technology based on factors like religion, caste, or political views.
Government’s Defense of the Bill
- International Precedents: The government argued that nearly 60 countries have enacted similar legislation, justifying the need for such a law in India.
- Limited Information Storage: The government contended that only a limited set of numbers, just 17 out of the billions that DNA samples can reveal, would be stored in the indices. This information would act as a unique identifier and not reveal any personal details.
Conclusion
- The withdrawal of the Bill marks a pause in the government’s efforts to create a regulatory framework for DNA technology usage.
- The controversies and objections raised highlight the need for a balanced approach.
- The Centre must address concerns over misuse and privacy while harnessing the potential benefits of DNA technology for criminal investigations and other purposes.
Back2Basics: DNA
- DNA, or deoxyribonucleic acid, is a molecule that carries the genetic instructions necessary for the growth, development, functioning, and reproduction of all known living organisms and many viruses.
- It is often referred to as the “building blocks of life.”
Key features of DNA include:
- Molecular Structure: DNA is a double-stranded molecule, consisting of two long chains of nucleotides that form a double helix. Each nucleotide consists of a sugar molecule (deoxyribose), a phosphate group, and one of four nitrogenous bases: adenine (A), thymine (T), cytosine (C), and guanine (G).
- Base Pairing: The two DNA strands are held together by hydrogen bonds between complementary base pairs. Adenine (A) always pairs with thymine (T), and cytosine (C) always pairs with guanine (G).
- Genetic Code: The sequence of nucleotide bases along the DNA strand constitutes the genetic code, which determines the specific traits and characteristics of an organism.
- Genes: DNA is organized into specific segments called genes, which are responsible for encoding proteins or functional RNA molecules. Proteins play a crucial role in various biological processes, while RNA molecules contribute to gene expression and protein synthesis.
- Replication: DNA has the unique ability to replicate itself through a process called DNA replication. During cell division, the DNA unwinds, and each strand serves as a template for the synthesis of a new complementary strand, resulting in two identical DNA molecules.
- Inheritance: DNA is passed from one generation to the next through reproduction, ensuring the transmission of genetic information from parents to offspring.
- Role in Protein Synthesis: DNA provides the instructions for protein synthesis through a two-step process. First, the information in a gene is transcribed into a messenger RNA (mRNA) molecule. Then, the mRNA is translated by ribosomes in the cell to produce specific proteins.
- Genetic Variation: Mutations, or changes in the DNA sequence, can lead to genetic variation within a species. These variations are essential for evolution and adaptation to changing environments.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Controlled Human Infection Studies (CHIS)
Mains level: Read the attached story
Central Idea
- India has taken its first step towards introducing Controlled Human Infection Studies (CHIS), a research model widely used in other countries for vaccine and treatment development.
- The Indian Council of Medical Research’s (ICMR) Bioethics Unit has prepared a consensus policy statement open for public comment, addressing the need, benefits, and ethical challenges associated with CHIS.
What is Controlled Human Infection Studies (CHIS)?
- CHIS also known as human challenge trials, are scientific studies conducted to deliberately expose healthy human volunteers to infectious agents under controlled conditions.
- The primary objective of these studies is to gain a better understanding of the pathogens’ behavior, human immune response, and to test potential vaccines, treatments, or preventive measures against the infection.
Key points about Controlled Human Infection Studies (CHIS) include:
- Informed Consent: Volunteers participating in CHIS must provide informed consent, fully understanding the potential risks and benefits associated with their participation.
- Types of Pathogens: CHIS can be used to study various infectious agents, such as viruses (e.g., influenza, dengue, Zika), bacteria (e.g., cholera, typhoid), and parasites (e.g., malaria).
- Vaccine Development: CHIS plays a crucial role in vaccine development by providing controlled environments to assess the efficacy of candidate vaccines and their ability to induce protective immune responses.
- Controversy: The use of CHIS has sparked ethical debates about balancing potential risks to participants against potential benefits to public health.
Ethical Concerns Surrounding CHIS in India
- Delicate Ethical Balance: CHIS is considered ethically sensitive due to concerns about deliberate harm to participants, fair compensation, third-party risks, and withdrawal from the study, and involving vulnerable participants.
- Streamlined Ethics Review: ICMR acknowledges the need for a specialized ethics review process with additional oversight and safeguards to protect study participants.
- Deterrents and Unique Context: Technical, clinical, ethical, and legal challenges deterred India from adopting CHIS earlier, partly influenced by the nation’s unique socio-cultural context.
Potential Benefits of CHIS in India
- High Disease Burden: India faces a significant burden of morbidity and mortality from infectious diseases, contributing about 30% of the disease burden in the country.
- Novel Insights and Efficiency: CHIS offers unique insights into disease pathogenesis and enables accelerated and cost-effective outcomes with smaller sample sizes compared to large clinical trials.
- Social Value: CHIS can contribute to public health response, healthcare decision-making, policies, economic benefits, improved pandemic preparedness, and community empowerment.
Encouraging Collaboration and Expertise
- Complex Nature of CHIS: ICMR highlights the complexity of CHIS and suggests that collaborations between researchers, institutions, organizations, and countries may be necessary to ensure the right expertise is available.
- Crucial Role in Advancing Scientific Understanding: The ICMR Bioethics Unit’s consensus policy statement aims to address ethical concerns associated with CHIS, acknowledging its potential role in advancing the scientific understanding of infectious diseases and accelerating treatment strategies.
Public Consultation and Future Directions
- Open for Public Consultation: The ICMR’s consensus policy statement on CHIS is open for public consultation until August 16 to gather input from stakeholders and experts.
- Striving for Ethical Research: ICMR emphasizes its commitment to conduct CHIS in India while ensuring ethical principles are upheld and human participants are protected.
Conclusion
- The introduction of CHIS in India is a significant step towards advancing medical research and finding cost-effective solutions for infectious diseases.
- Public consultation and expert collaborations will help shape the future direction of CHIS research in India and contribute to scientific progress and improved healthcare outcomes.
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