Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: India's economic growth and the problems
Context
- Several agencies, including the IMF and the World Bank have projected lower growth rates for the Indian economy in FY23, than the 7.2 per cent estimated by the RBI in April. The Central bank has now lowered its forecast to 6.8 per cent. Given the current situation, with the Q2 FY 2023.
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Current economic growth estimation
- Economy is likely to grow at 6.5-7.0 per cent: Given the current situation, with the Q2 FY 2023 GDP growth clocking in at 6.3 per cent, the economy is likely to grow at 6.5-7.0 per cent in this fiscal year.
- Considering economic uncertainties it is difficult to arrive at precise estimate: It is difficult to arrive at a precise estimate for growth this year with unprecedented economic uncertainty worldwide, including high global inflation, synchronized monetary tightening, and the impact of the Ukraine war.
- Positive medium-term growth prospects: Company and bank balance sheets are healthier, credit growth is rising, and capacity utilisation has increased, all of which augur well for investment activity.
- Positive impact on tourism: The waning of Covid-19 should hopefully have a positive impact on travel, transport and tourism. Construction activity should pick up further with the reduction in housing inventory and almost stable prices over the last decade.
- On inflation India is doing better: On the inflation front, India is doing better than many advanced economies and emerging markets.
What is Indian economy’s pressing problems specifically in terms of Labour-intensive growth?
- Employment a biggest concern: Employment, an issue that has persisted over the last two decades. In brief, we have not generated enough good jobs to match the scale at which the economy has grown, especially in the organised sector. As a result, we have very high under-employment and poor-quality employment, which have hampered a much-needed move away from agriculture.
- Lack of precise data on people living in poverty: We do not have a precise estimate of the current levels of poverty, as there has been no household consumption survey since 2011-12, and the 2017-18 survey was abandoned due to technical issues. But there is reasonable consensus that poverty could be around 10 per cent of the country’s population, A low number compared to the past, but as many as 140 million people could still be living in poverty.
- Lack of non-agricultural jobs: The rising demand for the MGNREGA, and the importance of food distribution schemes and other welfare programmes for the poor are indicators of the lack of non-agriculture jobs being generated.
- Lowest rate of women participation in labour force: An alarming aspect of the employment problem in India is the low participation rate of women in the labour force, which is among the lowest in the world. This loops back to the importance of labour-intensive manufacturing. For example, much of Bangladesh’s success, and that of Southeast Asian countries, in exports and manufacturing stems from the large number of women working in their factories.
- Women literacy is rising but increasing number of educated women are not working: A positive trend in India has been the growing trend in girls attending schools and college in the last 20 years, but this also means that an increasing number of educated women are not working.
- Despite of 1991 reforms still remains an untapped opportunity: With the LPG reforms, the expectation was that, as the economy opened up to global competition, India’s low wage levels would attract private investment into labour-intensive manufacturing, thus generating jobs. This was the path followed by the East Asian economies that experienced high growth and rapid development. But for India this remains an untapped opportunity.
- Manufacturing is shifting to countries other than India: Even with rising wage levels in China, manufacturing is shifting to countries other than India. The PLI (production-linked incentives) scheme has been rolled out to encourage manufacturing. It may need some tweaking to be biased towards labour-intensive manufacturing as China vacates space in this area. This may seem at odds with the more popular view that it is small and medium enterprises which promote employment.
- Country’s real exchange rate is not healthy: An overvalued rupee has discouraged the export of labour-intensive manufacturing goods, which are very price-sensitive in global markets. It has also had a dampening effect on domestic production as our currency has depreciated at a lower rate than other emerging economies like China and Indonesia.
- Depreciated rupee impacting domestic producers by inflow of cheaper imports: Domestic producers of goods that compete with imports into our markets have been impacted by the inflow of cheaper imports. This has disincentivised them from expanding production and generating employment.
- Micro, small and medium enterprises (MSMEs) are severally hit: Problems that have come to the fore post-pandemic include the health of micro, small and medium enterprises (MSMEs). Accurate information on this is somewhat scarce but anecdotal evidence suggests that they have been more severely hit than the formal sector.
Way ahead
- The rupee has been overvalued for long and needs to be allowed to depreciate, though in a calibrated way, ensuring external and financial stability.
- Job growth is crucial if we are to reduce the still high levels of poverty in the country
- Incentivizing the domestic producers so that they can compete with the cheaper inflow of imports and expands their manufacturing thereby generating employment in the economy
- The continued recovery of the formal sector, as indicated by various metrics, in terms of the improved health of corporates and banks should effectively pull up the MSMEs through supply chains linkages, among others.
- We still have a negative real interest rate (that is, the difference between the RBI’s policy rate and inflation). Hence, the policy rate needs to rise further, providing a push to financial savings, which are needed to generate higher investment for growth.
- Inflation need to be contained through supply-side measures as well, such as an improvement in the supply of food products.
Conclusion
- High under-employment and poor-quality employment have hampered a much-needed move away from agriculture. A focus on labour-intensive formal manufacturing is the need of the hour.
Mains Question
Q. India is showing positive signs of economic recovery however the economy still has a hangover from the past and some are exacerbated by Covid. Discuss.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Tourist Police
Mains level: Tourism in India and Safety of tourists
Context
- Crimes against tourists and other foreign nationals appear to be on the rise in India. Consider several recent cases, and the lessons they suggest.
Some of the recent cases of crime against tourists
- A case of rape and murder in Kerala: A few days ago, a Kerala session court sentenced two men to life imprisonment for the rape and murder of a Latvian tourist in 2018.
- A case of a rape of a girl child in Goa: A 12-year-old Russian girl was raped in a hotel in Goa on April 6 this year. The rapist was an employee of the hotel in which the girl was staying with her mother.
- A case extortion in Gurugram: An Iraqi couple staying at a hotel in Gurugram for the treatment of the husband in the Medanta hospital was accosted by two miscreants posing as policemen on October 23. They accused the couple of carrying drugs and on the pretext of checking their wallets, fled with $15,000 the couple had saved for the treatment.
- A case of sexual misconduct in Delhi: On September 2, a British woman lawyer lodged a complaint of sexual misconduct against a cab driver who was ferrying her from the airport to her hotel in South Delhi. The incident traumatized her to the extent that she left for the U.K. within two days of her arrival.
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Status of Crimes against foreigners
- Drastic decline in cases of crimes against foreigners in Delhi: According to data of the National Crime Records Bureau (NCRB), Delhi recorded 27 cases of crime against foreigners last year, a drastic decline from 62 cases reported in 2020 and 123 in 2019.
- Sharp reduction Rajasthan: Rajasthan has shown a sharp reduction in registration of crimes from 16 in 2019 to just 4 in 2020 and two cases last year, which could be attributed to the sharp decline in tourist arrivals due to COVID-19.
- Though there is a decline in cases but the data is still shameful and to be studied: As many as 29 foreigners were murdered in the last three years. While 14 foreigners fell victim to rape last year, 16 were raped in 2020 and 12 in 2019. As many as 15 cases of assault to outraging modesty of foreign women were registered last year across the country, apart from 14 complaints of cheating. While 142 cases of theft were lodged by foreigners in 2019, it declined to 52 in 2020 and further dipped to 23 in 2021.
- Women are more prone and most cases go unreported: Women are more prone to sexual attacks by criminals on the prowl in tourist destinations. For every crime committed against foreigners, there would be several others that go unreported for multifarious reasons, with one of them being the fear instilled in them by the threats of these criminals. In the South Delhi incident, the British national was reluctant to lodge a formal complaint out of fear
How do such cases of crimes against tourists tarnish our image?
- Not only dents our image but also impacts on tourism: Crime against foreigners not only dents our image globally but could also adversely affect the inflow of foreign tourists, which is a vital source of income for our country.
- It impacts Tourism sector which is one of the significant sources of FOREX: Tourism happens to be one of the biggest foreign exchange earners for India. Such cases may leave tourists moral down and they may lose sense of security.
What is Tourist police scheme and what steps can be taken to ensure security of the Tourists?
- Booklet on the tourist police scheme and tourist police stations: The Bureau of Police Research and Development (BPRD) has brought out a booklet on the tourist police scheme detailing the mode of setting up of tourist police stations and control rooms, outposts, uniforms, recruitment, qualifications, training and logistics requirements for tourist police stations.
- Identified tourist spots: As many as 25 popular tourist spots have been identified in the country where the tourist police necessarily need to be deployed to help foreigners. As an incentive, 30% deputation allowance has been recommended for the police personnel who joins the tourist police on deputation.
- Identified Criminals in and around tourists’ spots need to be kept on constant surveillance: While the setting up of tourist police stations is a commendable step to provide safety to foreigners, much needs to be done to instil a sense of security in them even before they leave their countries for India. With theft being the most common crime committed against foreigners, all criminals in and around tourist spots need to be identified and kept under constant surveillance.
- Fast track courts should be set immediately to try cases of crimes against tourists: Since foreigners come for short durations, the cases cannot be allowed to linger on in courts for long. Fast track courts should be set up immediately to try cases of crime against foreigners and the culprits punished speedily. It may be recalled that a rape convict, Bitihotra Mohanty, was tried for raping a German national in Alwar (Rajasthan) on March 21, 2006 and he was sentenced to seven years imprisonment on April 12, that is, within 22 days.
- For the effective implementation of Tourism police scheme: In order to provide a safe environment for tourists, the Ministry of Tourism, in collaboration with the Bureau of Police Research and Development (BPRD), organised a conference in New Delhi on October 19, 2022. It was organised with a view to “sensitise the specific requirements of the tourists for effective implementation of Uniform Tourist Police Scheme at pan-India level”.
- States that have tourist police: Though the concept of ‘tourist police’ has been in vogue for the past few years, it has not been given the kind of attention it deserves. The States that have tourist police are Uttar Pradesh, Madhya Pradesh, Delhi, Goa, Rajasthan and Kerala.
- Delhi a neglected state is gearing up for tourist police wing: In view of the forthcoming G20 Summit, the Delhi police is gearing up its tourist police wing, which was hitherto in a neglected state and so are other States which will see a huge influx of foreigners.
Conclusion
- With optimistic predictions of about 13.34 million foreign tourists arriving by 2024, there is a pressing need to upgrade our security systems specially to provide a flawless security blanket cover to foreign tourists. Safety assumes utmost importance to draw tourists in hordes.
Mains question
Q. What is tourist police scheme? Why it is necessary to have such a tourist security wing in India? What more steps can be taken to ensure the security of tourist in India?
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: SAARC, BIMSTEC and regional organisations
Mains level: Bilateralism, regionalism and India's approach towards SAARC and BIMSTEC
Context
- December 8 is commemorated as SAARC Charter Day. It was on this day, 37 years ago, that the South Asian Association for Regional Cooperation (SAARC), an intergovernmental organization, was established.
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What is SAARC?
- Establishment: The South Asian Association for Regional Cooperation (SAARC) was established with the signing of the SAARC Charter in Dhaka on 8 December 1985.
- Members: It is an intergovernmental organization, was established by Bangladesh, Bhutan, India, the Maldives, Nepal, Pakistan and Sri Lanka Afghanistan acceded to SAARC later.
- Secretariat: The Secretariat of the Association was set up in Kathmandu on 17 January 1987.
- Objectives: The objectives as outlined in the SAARC Charter are, to promote the welfare of the peoples of South Asia and to improve their quality of life; to accelerate economic growth, social progress and cultural development in the region and to provide all individuals the opportunity to live in dignity and to realize their full potentials; to promote and strengthen collective self-reliance among the countries of south Asia.
What SAARC has achieved?
- SAARC has failed abjectly in accomplishing most of its objectives.
- South Asia continues to be an extremely poor and least integrated region in the world.
- The intraregional trade and investment in South Asia are very low when compared to other regions such as the Association of South East Asian Nations (ASEAN) and Sub-Saharan Africa.
- Pakistan has adopted an obstructionist attitude within SAARC by repeatedly blocking several vital initiatives such as the motor vehicles agreement, aimed at bolstering regional connectivity.
- Deepening hostility between India and Pakistan has made matters worse. Since 2014, no SAARC summit has taken place leaving the organisation rudderless, and practically dead.
But why to bother about SAARC?
- South Asia is important for India’s national interest: Because South Asia, that is India’s neighbourhood, is important for India’s national interests. This is best captured in the current government’s ‘neighbourhood first’ policy.
- SAARC, a pan south Asia reach: SAARC is the only intergovernmental organisation with a pan-South Asia reach. India can judiciously employ it to serve its interests in the entire region.
- Weakened SAARC means heightened instability: A weakened SAARC also means heightened instability in other promising regional institutions such as the South Asian University (SAU), which is critical to buttressing India’s soft power in the region.
- Bilateralism can complement, not substitute regional efforts: A new narrative is that in South Asia, India can successfully use the instrument of bilateralism over regionalism to pursue its interests. While bilateralism is undoubtedly important, it can at best complement, not substitute, regional or multilateral efforts.
- Regionalism in East Asia and Africa: Regionalism has brought immense success in other parts such as East Asia and Africa. Regionalism can deliver prosperity in the South Asian region too, especially because multilateralism is weakening.
- concept of new regional economic order: Looking at ASEAN’s spectacular success in regional integration, international lawyers Julien Chaisse and Pasha L. Hsieh have developed the concept of a new regional economic order, a process through which developing countries search for a trade-development model, based on incrementalism and flexibility; this is different from the neoliberal model laid down by the Washington Consensus.
What is BIMSTEC?
- Regional organization of seven members lying in or adjacent to BOB: The Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC) is a regional organization comprising seven Member States lying in the littoral and adjacent areas of the Bay of Bengal constituting a contiguous regional unity.
- Establishment: This sub-regional organization came into being on 6 June 1997 through the Bangkok Declaration.
- Act as a bridge between South and South East Asia: The regional group constitutes a bridge between South and South East Asia and represents a reinforcement of relations among these countries.
- Provides Inter regional cooperation platforms: BIMSTEC has also established a platform for intra-regional cooperation between SAARC and ASEAN members.
Did you Know?
- BIMSTEC comprises five South Asian nations (Bangladesh, Bhutan, Nepal, India and Sri Lanka) and two ASEAN countries (Myanmar and Thailand).
- Pakistan is NOT a BIMSTEC member.
Importance of BIMSTEC for India
- India shifted its diplomatic energy from SAARC to BIMSTEC: In recent years, India seems to have moved its diplomatic energy away from SAARC to BIMSTEC. This resulted in BIMSTEC, after 25 years, finally adopting its Charter earlier this year.
- BIMSTEC is better than SAAC charter: The BIMSTEC Charter is significantly better than the SAARC Charter. For instance, unlike the SAARC Charter, Article 6 of the BIMSTEC Charter talks about the ‘Admission of new members’ to the group. This paves the way for the admission of countries such as the Maldives.
- However no flexible formula like ‘ASEAN Minus X’: Notwithstanding the improvements, the BIMSTEC Charter, to boost economic integration, does not contain the flexible participation scheme of the kind present in the ASEAN Charter. This flexible scheme, also known as the ‘ASEAN Minus X’ formula, allows two or more ASEAN members to initiate negotiations for economic commitments. Thus, no country enjoys veto power to thwart economic integration between willing countries.
- Obstructionist attitude of Pakistan within SAARC: Given the experience of SAARC, where Pakistan routinely vetoes several regional integration initiatives, it is surprising that BIMSTEC does not contain such a flexible participation scheme. A flexible ‘BIMSTEC Minus X’ formula might have allowed India and Bangladesh or India and Thailand to conduct their ongoing bilateral free trade agreement (FTA) negotiations under the broader BIMSTEC umbrella. This would have eventually strengthened BIMSTEC by enabling the gradual and incremental expansion of these binding commitments to other members. India should press for this amendment in the BIMSTEC Charter.
Some steps to take
- BIMSTEC should not end up as another SAARC: For this, its member countries should raise the stakes. A high-quality FTA offering deep economic integration, something that Prime Minister Narendra Modi also advocated at the last BIMSTEC ministerial meeting would be an ideal step.
- India should try make the organizations flexible to ensure peace and prosperity in the region: Likewise, India should explore legal ways to move successful SAARC institutions such as SAU to BIMSTEC. These steps will give stronger roots to BIMSTEC and enable erecting a new South Asian regional order based on incrementalism and flexibility, ushering in prosperity and peace in the region.
Conclusion
- Since South Asia cannot repudiate regionalism, reviving SAARC by infusing political energy into it and updating its dated Charter will be an ideal way forward. However, in the current scenario, this is too idealistic. So, the next best scenario is to look at other regional instruments such as the Bay of Bengal Initiative for Multi-Sectoral, Technical and Economic Cooperation (BIMSTEC).
Mains Question
Q. India seems to have shifted its diplomatic energies away from SAARC to BIMSTEC in recent years. What are the reasons for doing so?
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Collegium system, NJAC
Mains level: Judicial appointment opacity issue
VP asked the two Houses for not taking cognizance, over the last seven years, of the 2015 Supreme Court judgment setting aside the Constitutional amendment to constitute the National Judicial Appointment Commission (NJAC).
Background
- Since few days, Judiciary and Executive are at loggerheads.
- VP pointed out that the amendment had been passed with unprecedented support by both Houses and approval from 16 State Assemblies.
- However, on October 16, 2015, the Supreme Court ruled that it was not in consonance with the basic structure of the Constitution, and scrapped the legislation.
What was NJAC?
- The NJAC was a body which was proposed to make appointments of Chief Justices, Supreme Court judges, and High Court judges in a more transparent manner as compared to the existing collegium system.
- It sought to replace the Collegium System.
- It was proposed via the National Judicial Appointments Commission Bill, 2014.
- The bill was passed by both the houses; Lok Sabha and Rajya Sabha, and also received the President’s assent.
- The commission was established by the 99th Constitutional Amendment Act, 2014.
- The Act proposed that the members of NJAC would be composed of members from the legislative, judicial, and civil society.
Composition of NJAC
- Chief Justice of India would be the Chairman of the NJAC
- Two senior-most judges of the Supreme Court
- The Law and Justice Minister
- Two eminent persons would be selected by a committee which would be composed of the Prime Minister, the Chief Justice of India and the Leader of Opposition
Why was the NJAC Act struck down?
- The five-judge SC bench struck down the NJAC Act along with the 99th Constitutional Amendment Act in a 4:1 ratio.
- It was repealed by a five-judge bench, famously known as the Fourth Judges Case, 2015.
- It was termed ‘unconstitutional’ and was struck down, citing it as having affected the independence of the judiciary.
Benefits of the NJAC Act
Justice Chelameshwar praised the NJAC Act because-
- Transparent process: It involved a smooth and transparent process for the appointment of judges.
- Brings checks and balances: the exclusion of checks and balances principle leads to the destruction of the basic structure of the Constitution.
- Seeks balance of power: In a democratic setup, the executive cannot be completely excluded.
- Global examples: In the dissent order, an example of the United States of America was given, where the head of the Executive is conferred with the power to appoint the judges.
Issues with collegium system
- Alleged favouritism: The collegium system does not provide any guidelines or criteria for the appointment of the Supreme Court judges and it increases the ambit of favouritism.
- Ambiguous process: The absence of an administrative body is also a reason for worry because it means that the members of the collegium system are not answerable for the selection of any of the judges.
- Isolating the executive: The check and balance principle is necessary because it ensures that no organ of democracy is exercising its power in an excessive manner.
- Extra-constitutional nature: The collegium system tells us that even though the collegium system is not mentioned anywhere in the Constitution, rather it has evolved over a period of time from different landmark cases.
- Lack of transparency: Nepotism has been often witnessed in the judiciary due to a lack of criteria for the appointment of judges.
What can we, as aspirants, observe here?
- After analyzing both NJAC and the collegium system, it can be inferred that neither of the methods is complete and both lack certain aspects.
- Many former judges and legal experts are supporting the NJAC.
- However, legal jurists are divided on NJAC, with some supporting it while others calling for amendments to the Act.
- It is quite evident that neither the collegium system nor the NJAC is accurate; both have some shortcomings.
Way forward
- NJAC needs to be amended to keep the judiciary independent.
- According to Justice Deepak Gupta, retired senior civil servants need to be inducted into the body appointing judges.
- The Supreme Court needs to lay down certain guidelines for appointing judges and those guidelines should be strictly followed and codified.
- Apart from that, all the notifications should be issued in the public domain to make the process more transparent.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: MSCS Act, 2002
Mains level: Cooperatives in India
The Multi-State Cooperative Societies (Amendment) Bill, 2022, aimed at bringing in transparency in the sector, was introduced in the Lok Sabha.
What is MSCS Act, 2002?
- Cooperatives are a state subject, but there are many societies such as those for sugar and milk, banks, milk unions etc. whose members and areas of operation are spread across more than one state.
- The MSCS Act was passed to govern such cooperatives.
- For example, most sugar mills along the districts on the Karnataka-Maharashtra border procure cane from both states.
What are Multi-State Cooperatives?
- They draw their membership from two or more states, and they are thus registered under the MSCS Act.
- Their board of directors has representation from all states they operate in.
- Administrative and financial control of these societies is with the central registrar, with the law making it clear that no state government official can wield any control on them.
Why does the government plan to amend the Act?
(1) Issues with Central Registrar
- The exclusive control of the central registrar, who is also the Central Cooperative Commissioner, was meant to allow smooth functioning of these societies.
- The central Act cushions them from the interference of state authorities so that these societies are able to function in multiple states.
- What was supposed to facilitate smooth functioning, however, has created obstacles.
- For state-registered societies, financial and administrative control rests with state registrars who exercise it through district- and tehsil-level officers.
(2) Multiple checks and balances
- Thus if a sugar mill wishes to buy new machinery or go for expansion, they would first have to take permission from the sugar commissioner for both.
- Post this, the proposal would go to the state-level committee that would float tenders and carry out the process.
- While the system for state-registered societies includes checks and balances at multiple layers to ensure transparency in the process, these layers do not exist in the case of multistate societies.
- Instead, the board of directors has control of all finances and administration.
(3) Lack of govt control
- There is an apparent lack of day-to-day government control on such societies.
- Unlike state cooperatives, which have to submit multiple reports to the state registrar, multistate cooperatives need not.
- The central registrar can only allow inspection of the societies under special conditions — a written request by one-third of the members of the board.
- Inspections can happen only after prior intimation to societies.
(4) Lack of infrastructure
- The on-ground infrastructure for central registrar is thin — there are no officers or offices at state level, with most work being carried out either online or through correspondence.
- For members of the societies, the only office where they can seek justice is in Delhi, with state authorities expressing their inability to do anything.
(5) Ponzi schemes functioning as MCS
- There have been instances across the country when credit societies have launched ponzi schemes taking advantage of these loopholes.
- Such schemes mostly target small and medium holders with the lure of high returns.
- Fly-by-night operators get people to invest and, after a few instalments, wind up their operations.
Need for Amendment
- At present, India has more than 1,500 multi-State cooperative societies.
- The Bill seeks to strengthen governance, reform the electoral process, improve the monitoring mechanism, and ensure ease of doing business in multi-State cooperative societies.
- It also aims to improve the composition of boards and ensure financial discipline, besides enabling the raising of funds in multi-State cooperative societies.
Key establishments under the Amendment Bill
- In order to make the governance of multi-State cooperative societies more democratic, transparent and accountable, the Bill has provisions for setting up of –
- Cooperative Election Authority,
- Cooperative Information Officer and
- Cooperative Ombudsman.
Other features
- Constitution of interim board: The Bill allows the central registrar to declare any multi-state cooperative society as sick. The Central government may, on the recommendation of the registrar, appoint an interim board for a maximum of five years. The central registrar can also declare a cooperative to be viable within the five years. The board of directors before the cooperative was declared sick shall be reinstated.
- Elections: The Act states that elections shall be conducted by the existing board. The Bill amends this to state that the Central government may appoint a Cooperative Election Authority to conduct elections in cooperative societies to be prescribed.
- Constitution of Fund: The Bill states that the central government shall set up the Cooperative Rehabilitation and Reconstruction Fund. A cooperative society shall credit 0.005% to 0.1% of its turnover to the fund, provided it does not exceed Rs 3crores per year.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Vote counts
Mains level: Not Much
For a country like India where each individual constituency can have lakhs of voters, counting votes is a complex process that requires both pace and precision.
Where are the Votes counted?
- Ideally, all votes should be counted in one location in the constituency.
- However, during General Elections, when seats are larger with multiple Assembly constituencies, many counting centres can be appointed, depending on the number of votes that need to be counted.
- The location(s) for counting votes is decided by the Returning Officer (RO), with multiple centres in assembly segments being under the supervision of the Assistant Returning Officers (ARO).
- In counting centres, ideally all votes are counted in one big hall having multiple tables.
- However, if the RO feels there is a risk of overcrowding, more rooms may be opened up after permission from the Election Commission (EC).
Role of Returning Officer
- The RO is appointed for each constituency by the Election Commission.
- During the duration of the election, the RO is the highest authority in the constituency having a wide range of powers in order to peacefully and impartially conduct elections.
- With respect to counting of votes, the RO has the following duties:
- To designate the counting centres and get them approved by the Commission well in advance;
- To send notice to the candidates about the place, date and time of counting of votes;
- To appoint and train counting staff;
- To count the votes and declare the result.
- ROs themselves do not count all votes but verify the counting at multiple stages and announce the results.
- They are the final authority in the matter of vote counting in an election.
Supervision of the process
- A counting room will have multiple counting tables with each counting a set number of postal ballots/EVMs on a round-to-round basis.
- On each table, there is a counting supervisor and up to two assistants who do the actual counting.
- They should be gazetted officers and are appointed by the RO.
- They receive specific training pertaining to the tasks they are expected to undertake.
- For instance, for those counting postal ballots, the training is different from that received for counting EVM votes.
Observers in the counting process
- The EC appoints observers at each counting room, who are supposed to record the proceedings and file a report.
- They are generally employees of the GoI, and are tasked with the duty to oversee overall functioning of the election apparatus.
- Candidates who were on the ballot are also allowed in the counting room along with their representatives.
- All parties and candidates send counting agents in order to ensure that votes are counted fairly and according to procedure, and lodge complaints, if any.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: SpaceTech Innovation Network (SpIN)
Mains level: Commercial space activities in India
The Indian Space Research Organisation (ISRO) has signed a MoU with Social Alpha, a multistage innovation curation and venture development platform, to launch SpaceTech Innovation Network (SpIN).
SpaceTech Innovation Network (SpIN)
- SpIN is India’s first dedicated platform for innovation, curation, and venture development for the burgeoning space entrepreneurial ecosystem.
- SpIN will primarily focus on facilitating space tech entrepreneurs in three distinct innovation categories:
- Geospatial Technologies and Downstream Applications;
- Enabling Technologies for Space & Mobility; and
- Aerospace Materials, Sensors, and Avionics.
Key initiative
- SpIN has launched its first innovation challenge for developing solutions in areas of maritime and land transportation, urbanization, mapping, and surveying.
- The selected start-ups and innovators will be able to access both Social Alpha’s and ISRO’s infrastructure and resources as per the prevailing guidelines.
- They will be provided active hand-holding in critical areas, including access to product design, testing and validation infrastructure, and intellectual property management.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: India- Myanmar relations
Context
- On November 20-21, Indian Foreign Secretary Vinay Kwatra made a two-day visit to Myanmar. The Indian Ministry of External Affairs (MEA) in a press release stated that he met with members of the military junta that is currently ruling the country and discussed security and stability in the border areas, human trafficking issues (several Indian nationals have been victims), and infrastructure development.
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What are the interpretations over the foreign Secretary’s visit?
- Myanmar’s national portal says discussion on friendly relations: According to Myanmar National portal, the two sides held discussions on Myanmar-India friendly relations, exchanged views on the promotion of bilateral cooperation and the implementation of Myanmar’s peace process.
- India’s no mention of Myanmar’s return to democracy: The MEA statement made no mention of any Indian interest in seeing Myanmar return to the path of democracy or the release of political prisoners and other tricky issues.
- Emphasis on completing the ongoing projects: On the contrary, the foreign secretary spoke about continued Indian support for “people-centric socio-economic developmental projects” and early completion of connectivity projects including the Kaladan Multimodal Transit Transport Project and the Trilateral Highway between India, Myanmar, and Thailand.
- Assured development Programs: It appears that infrastructure and developmental projects were a big emphasis during the visit because Kwatra also assured the Myanmar junta about projects under Rakhine State Development Program and Border Area Development Program.
- Contradictory omissions: Despite the MEA press release not mentioning it, the MEA spokesperson Arindam Bagchi tweeted that the foreign secretary had discussions on several important issues including “India’s support to democratic transition in Myanmar.”
Background of the different interpretations
- MEA’s 2021 statement that India’s interest in Myanmar’s return to democracy: Contrast this with the December 2021 statement that the MEA issued following then-Foreign Secretary Harsh Vardhan Shringla’s visit where he emphasized India’s interest in seeing Myanmar’s return to democracy at the earliest; release of detainees and prisoners; resolution of issues through dialogue; and complete cessation of all violence.”
- India’s strong and consistent support to ASEAN: He had also reiterated that India’s strong and consistent support to the ASEAN initiative and expressed hope that progress would be made in a pragmatic and constructive manner, based on the five point consensus.
What are the India’s concerns?
- Human trafficking emerged as the major issue: Human trafficking has emerged as a major issue in Myanmar, with several criminal syndicates running a racket luring Indian citizens with fake job prospects. The MEA spokesperson, according to media reports, cautioned Indian nationals of being wary of trafficking. IT companies recruiting Indian workers in the pretext of jobs in Thailand, who were then taken to Myanmar. There have been reportedly close to 200 Indian nationals who have been duped into this job racket.
- China’s support to Military Junta: Since the military coup, China has improved on its good relations with the military junta, providing much-needed support for the Myanmar leadership in the face of international opprobrium.
- Chinas’ high investment in Myanmar: China reportedly has been a key source of foreign investment in Myanmar. China’s multiple projects include several high-speed railway lines and dams as well as a $2.5 billion investment in a gas-fired power plant. The China-Myanmar Economic Corridor, which consists of oil and gas pipelines and infrastructure development projects run into billions of dollars.
- China’s aim to get better access to Indian ocean: Of particular interest to China is the deep sea port that China plans to develop at Kyaukphyu, on Myanmar’s west coast, this will possibly give China better access to the Indian Ocean, which China has been eyeing for a while.
- Budding relationship between Myanmar and Pakistan a cause of concern: According to media reports, Myanmar took the delivery of six JF-17 light-weight multi-role fighter jets from Pakistan in 2018 after signing a contract two years earlier in 2016. Myanmar was to get another batch of 10 aircraft although the date of delivery is unknown.
- Pragmatism on account of the growing presence and inroads of China in Myanmar has possibly pushed India to give up on its moralizing about democracy and increase its outreach to Naypyidaw.
- While the pro-democracy elements within Myanmar as well as India’s strategic partners in ASEAN may not be particularly pleased with this outreach, especially India dropping ASEAN’s Five-Point Consensus on Myanmar, it appears that New Delhi sees itself as having not too many choices
Conclusion
- Strategic factors appear to be driving India’s greater engagement with the military junta, especially fear of China and Pakistan making inroads into the country. India has to maintain delicate balance while dealing with the ruling military junta.
Mains question
Q. In the backdrop of much speculations about the recent visit of India’s foreign secretary to Myanmar. Discuss India’s evolving position, which shows a soft approach towards the ruling military junta.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Global South
Mains level: Global South Narrative
As India assumed the presidency of the G20 group of countries for 2022 to 2023, EAM S Jaishankar said on December 1 that India would be the voice of the Global South that is otherwise under-represented in such forums.
What is ‘Global South’?
- The term has since been used multiple times, such as when Jaishankar said of ongoing global conflicts, “polarisation may occur elsewhere, the people who suffer most are the Global South”.
- ‘Global North’ refers loosely to countries like the US, Canada, Europe, Russia, Australia and New Zealand, while ‘Global South’ includes countries in Asia, Africa and South America.
Behind the binary difference: ‘Global North’ and the ‘Global South’
- For a long time in the study of international political systems, the method of categorising countries into broad categories for easier analysis has existed.
- The concepts of ‘East’ and ‘West’ is one example of this, with the Western countries generally signifying greater levels of economic development and prosperity among their people.
- Eastern countries were considered as being in the process of that transition.
What are other such categorizations?
- Another similar categorisation is of First World, Second World and Third World countries.
- It referred to countries associated with the Cold war-era alliances of the US, the USSR, and non-aligned countries, respectively.
- The idea of the “third” world underlined that it was not only different from the “first” — the capitalist West — but also and the second — the socialist “East”.
Concept behind: World Systems Approach
- At the centre of these concepts is the World Systems approach introduced by sociologist Immanuel Wallerstein in 1974, emphasising an interconnected perspective of looking at world politics.
- He said there are three major zones of production: core, peripheral and semi-peripheral.
- The core zones reap profits, being the owners of cutting-edge technologies – countries like the US or Japan.
- Peripheral zones, on the other hand, engage in less sophisticated production that is more labour-intensive.
- In the middle are countries like India and Brazil.
Need for new terms
(1) Global shift of powers
- In the post-Cold War world, the First World/Third World classification was no longer feasible.
- This is because when the Communist USSR disintegrated in 1991, most countries had no choice but to ally at some level with the capitalist US – the only remaining global superpower.
(2) Monolithic classification
- The East/West binary was seen as often perpetuating stereotypical thinking about African and Asian countries.
- Categorising incredibly diverse countries into a monolith was felt to be too simplistic.
- Also, the idea that some countries were ‘developed’ while others were not was thought to be too wide a classification, inadequate for accurately discussing concerns.
(3) Issues with Developed vs. Developing
- Writing in 2014 from the perspective of his organisation’s philanthropic activities, Bill Gates said of the ‘developing’ tag.
- It found an irony that- any category that lumps China and the Democratic Republic of Congo together confuses more than it clarifies.
- Some so-called developing countries have come so far that it’s fair to say they have developed.
- A handful of failed states are hardly developing at all. Most countries are somewhere in the middle.
Emergence of Global South
- Colonial past: A big commonality between the South countries is that most have a history of colonization, largely at the hands of European powers.
- No say since de-colonization: Region’s historical exclusion from prominent international organizations – such as from the permanent membership of the UN is intriguing.
- Consciousness for decision-making: As bodies like the UN and the IMF are involved in major decision-making that affect the world in terms of politics, economy and society, the exclusion is seen by these countries as contributing to their slower growth.
- Economic emergence: China and India have emerged economically sound in the past two decades.
- Declining US hegemony: Many consider the world to now be multipolar rather than one where the US alone dominates international affairs.
- Climate reparations: In the ongoing debate adds Northern countries paying for funding green energy, having historically contributed to higher carbon emissions.
Criticism of the classification
- Only few players: South simply aims to replace the North and the positions it occupies, again continuing a cycle in which a few countries accumulate crucial resources.
- More of a India vs. China competition: Much controversy currently surrounds the question of whether elites of the global South and ‘rising powers’ genuinely have the intention to challenge the dominant structures of global capitalist development”.
- Anti-china motive: China’s tentative “going out” strategy at the turn of the century eventually morphed into the expansive Belt and Road Initiative.
Where does India stand?
- No further diplomatic groupism: EAM S Jaishankar India’s objective is not to rebuild a global trade union against the North.
- Bridging the divide: India is eager to become a bridge between the North and the South by focusing on practical outcomes rather than returning to old ideological battles.
Challenges
- Political consistency: In the past, India’s ideological enthusiasm for the Global South was not matched by material power and political will.
- Bridging the neighbours: India must also come to terms with the fact that the Global South is not a coherent group and does not have a single shared agenda.
- Despaired south: There is much differentiation within the South today in terms of wealth and power, needs and capabilities.
- Defiance from NAM: India’s Third World strategy (and Non-Aligned Movement) in the Cold War era was undermined by multiple internal and regional conflicts within the Global South.
Way ahead
- More engagement in neighborhood: Championing the Global South today would demand more active Indian engagement with the messy regional politics within the developing world.
- Political coherence: If India can translate this ambition into effective policy, there will be no contradiction between the simultaneous pursuit of universal and particular goals.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Air pollution
Mains level: Impact of Air pollution and Delhi's annual air pollution problem and way ahead
Context
- Every year around Deepavali, and like clockwork, Delhi’s air quality makes it to the headlines. As firefighters we are doing well, but as planners doing very little. While nature will not change, emissions can be reduced. While a lot has been written and said about Delhi’s air quality, the question that still has to be answered is this: why is nothing changing after all these years?
Air pollution and its impact
- Air pollution a health crisis in making: Increasingly polluted air is a hazard and a health crisis in the making, in fact, it is already one.
- Air pollution related death in India: India now reports 2.5 million air pollution-related deaths annually.
- Air pollution not confined to external hazard: Pollution not only makes our throats and eyes burn but is much more insidious.
- Pollutants can enter bloodstreams: Some pollutants are so small that they are able to enter the bloodstream with ease, impacting almost every organ in the body and leading to the onset of health issues such as stroke, heart diseases, respiratory diseases and cancer, to name just a few serious health problems.
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Critique: Why is nothing changing after all these years?
- Applying same approach without through evaluation: A principal reason is that year after year, we are doing the same things to try and address the problem without actually trying to evaluate why those measures are not effective.
- Inefficiency of Commission for Air Quality Management: The Government formed the Commission for Air Quality Management, which, unfortunately, did not offer anything new. This body essentially issued the same orders the Ministry and the Environment Pollution (Prevention and Control) Authority used to, with just a slight change in the language used.
- Same advisory every year than the preventive measures: Every year schools are closed, people are advised to to stay indoors, or carpool and work from home, bans on firecrackers are reinforced, construction stopped, trucks and cars not allowed to enter the city, and industries running on fuel shut. These measures, and several others, are akin to dressing a bullet wound with band-aid.
Analysis: Is it only stubble burning is the culprit behind Delhi’s air pollution?
- Delhi’s bad air when stubble is not being burnt: Stubble burning in the neighbouring States being identified as the main culprit. However, the reality is that Delhi’s air is bad even when stubble is not being burnt.
- Burning of biomass in and around Delhi: The burning of biomass in and around Delhi, if audited properly, would be the same as stubble burning in other States. Unfortunately, none of the bodies, be it the municipal body or the government’s Public Works Department, is willing to take responsibility for this or address and find a solution to the problem.
- Less compliance on construction activities: Delhi chokes on its own dust and industrial activities. No clarity on how and who is ensuring compliance with the rules relating to the handling of construction and demolition waste.
- Heavy reliance on private Vehicles which is another major source of pollution: Vehicles are another source of pollution in the city. Despite an expanding fleet of public transport, citizens who primarily use two-wheelers have not moved to using the public transport system, buses and the metro. Reasons for this may include last-mile connectivity, the problem of crowding in buses and metros, and the inability to reach and navigate narrow lanes that two-wheelers can. The state of maintenance of buses could be another reason as well.
What needs to be done?
- Look beyond the measures that have already been tried: We have to be creative and look beyond the measures that have already been tried and proved they are at best a short-term solution to a recurring, long-term problem.
- Making efficient and coordinated governance mechanism: Core issue that needs to be addressed is the governance system. There needs to be a single entity that takes responsibility for air quality management. We cannot operate in silos where one system of governance is responsible for thinking, a second issues orders and a third is responsible for implementation. There need to be an efficient system that works in a coordinated way.
- Acknowledge the reality and not just taking the actions in the time of crisis: The reality also is that Delhi is not the sole offender. There are many other cities in India where safe levels of air quality are breached regularly. We need to take more comprehensive, long-term measures throughout the year and not just in the days and weeks when it begins to make news.
Conclusion
- This is not to say that stubble burning is not a problem. Some solutions have been tried out over the years, but with little success. Unless farmers are adequately compensated, the problem is unlikely to go away. What is required is a fundamental shift in agricultural patterns, and a strong political will to take bold decisions.
Mains question
Q. Do you agree with the statement that only stubble burning is the culprit behind Delhi’s air pollution?
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Price cap on Russia's Oil and its implications on global oil supply chain, India's response and bilateral trade
Context
- Recently, G7 proposal to impose a price cap on Russian oil came into effect. The proposal, which took months to fructify, seeks to achieve a delicate balance how to starve the Russian state of oil revenues so as to financially cripple its war against Ukraine, but without causing supply disruptions in the global oil market which would cause prices to spiral. The move, however, risks fracturing the global crude oil market.
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What is Price cap on Russian oil?
- The $60 per barrel and denial of infrastructure services to Russian oil: The $60 per barrel cap is intended to cut Russia’s oil revenues while keeping Russian crude on the market by denying insurance, maritime services, and finance provided by the Western allies for tanker cargoes priced above a fixed dollar-per-barrel cap.
- Aim to hurt Russia’s oil revenue and create a pressure: The US-proposed cap aims to hurt Moscow’s finances while avoiding a sharp oil price spike if Russia’s oil is suddenly taken off the global market.
- Impact on shipping: Without insurance, tanker owners may be reluctant to take on Russian oil and face obstacles in delivering it.
Russian response to the price cap
- Russia refused to abide by the measure: Russia has said it will not observe a cap and will halt deliveries to countries that do.
- Retaliate by shutting off the shipments: It could retaliate by shutting off shipments in hopes of profiting from a sharply higher global oil price on whatever it can sell around the sanctions.
- Russia said price cap will not hurt financing the war: Russia recently said that the cap would not hurt the financing of its “special military operation” in Ukraine.
- Others buyers may bypass the restrictions putting countries interests first: Buyers in China and India might not go along with the cap, while Russia or China could try to set up their own insurance providers to replace those barred by US, UK and Europe. It is also possible that these countries will find creative ways to bypass the restrictions imposed by the G7.
How impacts global oil supply chain?
- Russian oil can now only be shipped using G7 countries infrastructure: Broadly speaking, Russian oil can now be shipped across the world using the infrastructure of the G7 countries tankers, insurers, etc only if it is sold at a price of $60 per barrel or less.
- Higher price for buying oil from Russia: This makes buying oil from Russia at a higher price in the week prior to this announcement, Urals crude was trading in the mid-$60s range a difficult proposition as most of the companies that offer shipping and insurance services are located in these G7 nations.
- Countries wish to buy are at disadvantage but still not higher than brent crude oil: While Russia has refused to abide by this measure, and the cap will place countries that do opt for buying oil from Russia at a price higher than $60 at a disadvantage, it will still be at a considerable discount compared to Brent crude oil which is currently trading at around $81 per barrel.
- Countries that continued trade despite of objections: So far, despite objections from western nations, countries like India and China have continued to trade with Russia.
- India’s bilateral trade with Russia has surged to an all-time high: In fact, as reported in this paper, India’s bilateral trade with Russia has surged to an all-time high in the first five months of the year (April-August).
- India putting its interests first and taking advantage of discounted price: Putting its interests first, India has raised its oil imports from Russia, taking advantage of the discounts being offered the country which used to import less than 1 per cent of its import requirement from Russia, now imports around a fifth from it.
- As India is an oil importer, the trade at discounted price will give some relief in current account deficit and economic stability: After all, for an oil importer like India, which meets an overwhelming share of its requirements through imports, lower crude oil prices will moderate the price pressures in the economy and bring relief to the current account deficit, easing risks to macroeconomic stability.
- India rejected the so-called moral duty: India has rejected any “moral” duty to join the price cap coalition.
Conclusion
- Attempts to use trade as a weapon will only distort the global market and hurt energy-poor consumers not responsible for the war. India’s response so far to the West’s retaliation against Russia for the war in Ukraine has been guided by its sovereign interests. This must continue to be the guiding principle.
Mains Question
Q. G7 recently imposed a price cap on Russian oil driven by US and west. In light of this Discuss how it disrupt the global oil supply chain and how India is responding?
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From UPSC perspective, the following things are important :
Prelims level: 'No First Use' Policy
Mains level: Nuclear disarmament
China responded to a US report alleging a major build-up in Beijing’s nuclear capabilities. It said, it adheres to its policy of no first use of nuclear weapons.
What is the news?
- The Pentagon released an annual China security report that warned Beijing would likely have 1,500 nuclear.
- China currently has 350 nuclear warheads.
- As of 2022, Russia possesses a total of 5,977 nuclear warheads compared to 5,428 in the US inventory.
What is ‘No First Use’ Doctrine?
- In nuclear ethics and deterrence theory, NFU is a commitment to never use nuclear weapons first under any circumstances, whether as a pre-emptive attack or first strike, or in response to non-nuclear attack of any kind.
Where do nuclear-armed countries stand on No First Use?
- China is the only nuclear-armed country to have an unconditional NFU policy.
- India maintains a policy of NFU with exceptions for a response to chemical or biological attacks.
- France, North Korea, Pakistan, Russia, the UK and the US maintain policies that permit the first use of nuclear weapons in a conflict.
- Israel does not acknowledge the existence of its nuclear arsenal so has no publicly known position.
Why advocate for global NFU commitments now?
- The world after US bombing of Japan has never faced any crises that could escalate to nuclear conflict.
- In addition to the precarious situation on the Korean peninsula, we’re running acceptably high risks of nuclear weapons use between-
- NATO and Russia: Amid ongoing Ukrainian Invasion
- India and Pakistan: Jihadist acquiring nuclear weapons
- US and China: Due to provocations over the South China Sea and Taiwan
- In fact right now the chances that nuclear weapons will be used — intentionally, accidentally, or due to miscalculation — are the highest they’ve been since the worst days of the Cold War.
- Establishing global NFU would immediately make the world safer by resolving uncertainty about what a nuclear-armed country might do in a crisis.
- It removes pressure and incentive for any one country to “go nuclear” first in a crisis and thus create a moral obligation on others.
Consequences of nuclear war
- Any use of a nuclear weapon would invite massive retaliation.
- Not to mention the horrific aftermath of nuclear war.
- A 2014 study shows that so-called “limited” nuclear war in South Asia, in which 100 nuclear weapons are used, would have global consequences.
- Millions of tons of smoke would be sent into the atmosphere, plunging temperatures and damaging the global food supply.
- Two billion people would be at risk of death by starvation.
What lies ahead?
- Global No First Use would be an important step toward making nuclear weapons irrelevant to national security.
- These policies would strip nuclear weapons of value in the eyes of military planners, enable future nuclear disarmament negotiations, and accelerate the dismantling of these weapons.
- It would also serve as a “confidence-building measure” that establishes greater trust among nuclear-armed countries.
- It thus makes it easier to work together to reduce nuclear risks and ultimately eliminate all nuclear weapons.
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From UPSC perspective, the following things are important :
Prelims level: CARA
Mains level: Child Adoption
The pendency in the adoption of children has come down to 644 from 905 over the last two months since the new Adoption Regulations were notified.
What is the news?
- The Rules for the adoption of the Juvenile Justice Act were notified in September this year.
Adoption Regulations, 2022
- The new rules empower District Magistrates to issue adoption orders.
- Earlier, this power was exercised by the judiciary.
- Changes have also been made to the Child Adoption Resource Information and Guidance System (CARINGS) online platform for adoption.
- In accordance with the new rules, prospective adoptive parents can now opt from their home State or region.
- This has been mandated to ensure that the child and the family adjust well with each other, belonging to the same socio-cultural milieu.
Adoption in India: A backgrounder
- In 2015, the then Minister for Women and Child Development centralised the entire adoption system by empowering Central Adoption Resource Authority (CARA).
- CARA is an autonomous and statutory body of Ministry of Women and Child Development set up in 2015.
- It was empowered to maintain in various specialised adoption agencies, a registry of children, prospective adoptive parents as well as match them before adoption.
- This was aimed at checking rampant corruption and trafficking as child care institutions and NGOs could directly give children for adoption after obtaining a no-objection certificate from CARA.
Why is there concern over the revised rules?
- Parents, activists, lawyers and adoption agencies will have to be transferred and the process will have to start afresh.
- A delay in such an order can often mean that a child can’t get admission into a school because parents don’t yet have a birth certificate.
- Parents and lawyers also state that neither judges, nor DMs are aware about the change in the JJ Act leading to confusion in the system and delays.
- DMs don’t handle civil matters that bestow inheritance and succession rights on a child.
- If these rights are contested when a child turns 18, a judicial order is far more tenable to ensure the child is not deprived of his or her entitlements.
Is it such a big issue?
- The Central Adoption Resource Authority (CARA) says there are nearly 1,000 adoption cases pending before various courts in the country.
- This is not such a huge burden.
What is the adoption procedure in India?
- Adoptions in India are governed by two laws:
- Hindu Adoption and Maintenance Act, 1956 (HAMA): It is a parent-centric law that provides son to the son-less for reasons of succession, inheritance, continuance of family name and for funeral rights and later adoption of daughters was incorporated because kanyadaan is considered an important part of dharma in Hindu tradition.
- Juvenile Justice Act, 2015: It handles issues of children in conflict with law as well as those who are in need of care and protection and only has a small chapter on adoptions.
- Both laws have their separate eligibility criteria for adoptive parents.
- Those applying under the JJ Act have to register on CARA’s portal after which a specialised adoption agency carries out a home study report.
- After it finds the candidate eligible for adoption, a child declared legally free for adoption is referred to the applicant.
- Under HAMA, a “dattaka hom” ceremony or an adoption deed or a court order is sufficient to obtain irrevocable adoption rights.
Issues with child adoption in India
- Parent-centrism: The current adoption approach is very parent-centred, but parents must make it child-centred.
- Age of child: Most Indian parents also want a child between the ages of zero and two, believing that this is when the parent-child bond is formed.
- Institutional issues: Because the ratio of abandoned children to children in institutionalised care is lopsided, there are not enough children available for adoption.
- Lineage discrimination: Most Indians have a distorted view of adoption because they want their genes, blood, and lineage to be passed down to their children.
- Red-tapism: Child adoption is also not so easy task after the Juvenile Justice Rules of 2016 and the Adoption Regulations of 2017 were launched.
Practical issues in adoption
- There are no rules for monitoring adoptions and verifying sourcing of children and determining whether parents are fit to adopt.
- There are many problems with the adoption system under CARA but at the heart of it is the fact that there are very few children in its registry.
- According to the latest figures there are only 2,188 children in the adoption pool, while there are more than 31,000 parents waiting to adopt a child.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: WTO trade barometer
Mains level: Not Much
The World Trade Organization’s Goods Trade Barometer says the global economy, hit by strong headwinds and weakening import demand, may see trade growth slowdown in the closing months of 2022 and into 2023.
What is Goods Trade Barometer?
- The Goods Trade Barometer was developed by the WTO to complement conventional trade statistics and forecasts.
- It is the world’s leading composite indicator that highlights the turning points in the global merchandise trade and provides forecasts of its likely trajectory in the near future.
- It is released on a quarterly basis based on the availability of data.
- It provides real-time data on the trajectory of merchandise trade relative to the current trends.
- Values higher than 100 indicates above-trend growth and the values less than 100 indicates below-trend growth.
Key trends
- In its recent release, it said trade growth is likely to slow down in 2022 and into 2023.
- Reflecting a cooling demand for traded goods based on actual trade developments through the second quarter of 2022, the current reading of 96.2 is below the baseline value index and the prior reading of 100.0.
- The downturn in the goods barometer is in line with the earlier forecast which predicted a merchandise trade volume growth of 3.5% in 2022 and a revised lower estimate of 1% for 2023.
Impact on India’s trade balance
- With a likely fall in export earnings, and no decrease in imports of essential items like crude oil and capital goods, India’s trade deficit is set to widen.
- The projection is that the country’s current account trade deficit is expected to be around 3% of GDP for FY23.
- Foreign exchange reserves which have already depleted by over $100 billion over the last year are likely to shrink further.
What does a slowdown mean for India?
- India is not an export-led economy. In FY22, 21.5% of Indian GDP depended on exports.
- However, in view of the poor performance of the country’s major market destinations such as the US and China, Indian exports are bound to suffer.
- During the subprime crisis which engulfed the entire world, India’s export-oriented sectors had to pay the price though the economy was to a large extent insulated due to a vibrant rural sector.
- But currently rural India is not in a strong position unlike in 2008-09.
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From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Reservation system reforms, and EWS quota
Context
- Reservation was introduced as a short-term measure to give opportunities to classes of people who were socially and educationally backward and/or inadequately represented in education, employment, politics and other spheres. The intent was laudable. Reservation has increased the standard of life for many. But what was supposed to be a short-term measure got extended due to various political and sociological compulsions.
What is the idea of reservation?
- Based on historical injustice: Reservation is intrinsically linked to the historical injustice meted out to Shudras and Dalits.
- Reservation for egalitarian society: It was during the anti-caste movement that the idea of reservation came up as a way for an egalitarian social order, to ensure fair representation in the socio-political order, and to mitigate and compensate for the inhuman exclusion of humans based on ascriptive status.
- Equal participation in nation building: Reservation is implemented in politics, education and public employment so that all those in the hierarchy can participate in nation-building on equal terms.
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Is the reservation system successful in eliminating the cause?
- Cannot claim it successful: Even after seven decades of reservation, we are not able to claim success in eliminating the cause that required reservation in the first place.
- successive governments kept extending in a hope of a different outcome: In our personal lives and careers, if a solution to a problem doesn’t give the expected result within a reasonable time frame, we reconsider the solution and try to improve it. However, successive governments kept extending the reservation system, hoping for a different outcome.
- Reservation system being used as a self-perpetuating mechanism: People who benefited from reservation wanted the system to continue for successive generations too. It was clear that the reservation system was being used by them as a self-perpetuating mechanism.
- Those who really need are deprived: Since the reservation is used as perpetuating mechanism, those who really needed reservation were deprived of its benefits.
Analysis over the outcomes of reservation system and the rising silent demands
- Background, at the time of Independence and the family professions: At the time of Independence, the economy was primarily agrarian and based on traditional commerce. People were largely unskilled. They continued engaging in the professions that their family had practiced for generations.
- Profession changed from caste-based to skill-based: Free school education and industrialization helped people learn new skills, which gave them scope to migrate to greener pastures. As cities became cosmopolitan, the class divide became a thing of the past. Employment in the industrial sector became largely skill-based rather than caste-based.
- Social and educational backwardness go hand-in-hand with economic weakness: More than 70 years of reservation has brought economic prosperity to a large section of people and given them adequate representation.
- Befitted should make a way for others and to completely oppose the demands: Ideally, families that have been brought above the poverty line through adequate employment opportunities and other benefits should make way for others who are less fortunate; instead, they oppose extending the system to the economically weaker sections (EWS) of society only because some of the beneficiaries could be from the so-called ‘forward’ communities.
- Caste system becoming less prevalent in today’s technology cum information age: The cause for social inequality and oppression was somewhat wrongly attributed to a particular faith and the practice of caste system prevalent in those days. In this technology-cum-information age, the surging middle class population makes the caste system less prevalent.
- Economic prosperity helps to neutralise the social injustice: The economic prosperity seen today has neutralised to a large extent the very reason for social injustice the class disparity.
- The reservation is still kept alive: However, the caste and reservation system are still being kept alive only so that political parties and those who have benefited from the system so far can continue to milk it.
- Misunderstanding that the basic structure of the constitution may violet: Most objections to this come from a misunderstanding that the basic structure of the Constitution has been violated by the EWS amendment, which seeks to empower the privileged sections of society who are neither socially and educationally backward nor inadequately represented.
- Misconception that it will reduce the availability of seats: Another misconception is that the 10% quota in the open category in favour of ‘forward’ communities reduces the availability of seats in the open category for other classes and communities.
- What the government clarified: The government has clarified that this 10% is in addition to the existing reservation in favour of SEBCs. This means it does not in any way affect reservation up to 50% for SEBCs, OBCs, SCs and STs.
- The egalitarian judgement: The judgment that sets the basis for this 10% quota said, “If an egalitarian socio-economic order is the goal, the deprivations arising from economic disadvantages, including those of discrimination and exclusion, need to be addressed to by the State; and for that matter, every affirmative action has the sanction of our Constitution.”
Conclusion
- The government has a constitutional and moral duty to achieve the goal of “social, economic and political justice,” mentioned in the Preamble. The 10% quota for the EWS aims to correct an anomaly in the system that is depriving deserving and qualified people. We need to accept that reservation on the basis of economic criteria is the need of the hour and the stepping stone to achieving economic and social justice.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: parole and furlough
Mains level: Prison reforms and criminal justice system
Context
- There was a huge uproar in the media when Dera Sacha Sauda chief Gurmeet Ram Rahim Singh, a convict serving a 20-year prison sentence for raping two disciples, was seen organising an online ‘satsang’ while on a 40-day parole in October. On the other hand, S. Nalini, a convict in the Rajiv Gandhi assassination case, who was serving life imprisonment, was given several extensions of parole from December 2021 until her release. Lack of uniformity in parole rules does not bode well for the criminal justice system.
What is Parole and furlough?
- Short term release: Furlough and parole envisage a short-term release from custody, both aimed as reformative steps towards prisoners.
- Not a Right but a case of Specific exigency: Parole is granted to meet a “specific exigency” and cannot be claimed as a matter of right.
- Circumstances considered: Both provisions are subject to the circumstances of the prisoner, such as jail behaviour, the gravity of offences, sentence period and public interest.
Is there any specific provision pertaining to parole and/or furlough?
- No specific provision: The Prisons Act, 1894, and the Prisoners Act, 1900, did not contain any specific provision pertaining to parole and/or furlough.
- State are empowered to make such rules: Section 59 of the Prisons Act empowers States to make rules inter alia “for the shortening of sentences” and “for rewards for good conduct”.
- Since “prisons, reformatories” fall in the State List of the Seventh Schedule of the Constitution, States are well within their reach to legislate on issues related to prisons.
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Parole rules are different for different states and on different case
- Suspension of sentence in Uttar Pradesh: The Uttar Pradesh rules provide for the ‘suspension of sentence’ (without mentioning the term parole or furlough or leave) by the government generally up to one month. However, the period of suspension may exceed even 12 months with prior approval of the Governor.
- Maharashtra rules: Maharashtra’s rules permit release of a convict on ‘furlough’ for 21 or 28 days (depending upon the term of sentence), on ‘emergency parole’ for 14 days, and on ‘regular parole’ for 45 to 60 days.
- Revised rules in Haryana: The recently revised rules of Haryana (April 2022) permit ‘regular parole’ to a convict up to 10 weeks (in two parts), ‘furlough’ for three to four weeks in a calendar year, and ‘emergency parole’ up to four weeks. Ram Rahim is on his regular parole.
- Rules of leaves and its extension in Tamin Nadu and the Nalini case: Though the Tamil Nadu rules of 1982 permit ‘ordinary leave’ for a period of 21 to 40 days, ‘emergency leave’ is permitted up to 15 days (to be spread over four spells). However, in exceptional circumstances, the government may extend the period of emergency leave. Till recently, Nalini was on extended emergency leave owing to her mother’s illness.
- Unlike TN, rules in Andhra Pradesh prohibit extension: Surprisingly, the Andhra Pradesh rules specifically prohibit such extension (Nalini extension) on account of the continued illness of a relative of a prisoner. They permit ‘furlough’ and parole/emergency leave up to two weeks, except that the government may extend parole/emergency leave in special circumstances.
- Odisha: Similarly, Odisha rules permit ‘furlough’ for up to four weeks, ‘parole leave’ up to 30 days and ‘special leave’ up to 12 days.
- West Bengal: West Bengal provides for releasing a convict on ‘parole’ for a maximum period of one month and up to five days in case of any ‘emergency’.
- Kerala: Kerala provides for 60 days of ‘ordinary leave’ in four spells, and up to 15 days ‘emergency leave’ at a time.
Provision of ‘Custody parole’
- Custody parole: Release of a prisoner, who is ineligible for a leave under the police escort for some hours for extreme emergency cases.
- Custody parole In Haryana: A hardcore convict, who is ineligible for any parole or furlough, may be released for attending the funeral or marriage of a close relative under police escort for a period not exceeding six hours. Haryana has a long list of ‘hardcore’ prisoners who are not entitled to be released except on ‘custody parole’ under certain conditions.
- In Tamil Nadu: In Tamil Nadu, police escort is given to a prisoner who is released on emergency leave and is dangerous to the community.
- Kerala: Similarly, in Kerala, prisoners who are not eligible for emergency leave may be granted permission for visit under police escort for a maximum period of 24 hours.
- States that do not permit such provision: Andhra Pradesh, Maharashtra, Kerala and West Bengal do not permit release of habitual criminals and convicts, who are dangerous to society, under Sections 392 to 402 of the Indian Penal Code.
The rules of set by the states vary in scope and content
- Furlough is as incentive: While ‘furlough’ is considered as an incentive for good conduct in prison and is counted as a sentence served.
- Parole: parole or leave is mostly a suspension of sentence. Emergency parole or leave is granted for specified emergencies such as a death, serious illness or marriage in the family. While most States consider only close relatives such as spouse, parents, son, daughter, brother and sister as close family, Kerala has a long list of more than 24 relatives in case of death and 10 in case of marriage.
- Different circumstances in different states: Though regular parole or leave is granted after serving minimum sentence (varying from one year to four years) in prison, some States include other familial and social obligations such as sowing or harvesting of agricultural crops, essential repair of house, and settling family disputes. In Kerala, a convict becomes eligible for ordinary leave after serving one-third of a year in prison if he is sentenced for one year.
- Concern raised: Despite the fact that temporary release cannot be availed of as a matter of right, the above provisions demonstrate that each State has its own set of rules which not only vary in scope and content, but may also be flouted to give favours to a few.
Conclusion
- Without any common legal framework in place to guide the States and check misuse, arbitrariness is likely to creep in, endangering the entire criminal justice system. With ‘prisons’ in the State List, this task is not feasible unless at least half of the States come together to request the Central government to legislate a common law for the country on parole and furlough.
Mains question
Q. What is parole or furlough? The entire criminal justice system in the country is in jeopardy due to lack of uniformity in rules. Discuss.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Climate change negotiations and climate justice
Context
- In the climate negotiations, areas of interest to developing countries are not covered or sparsely covered, while other areas are over-regulated. Equitable sustainable development is not even discussed. At COP27, the policy debate was no longer legitimized by science.
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Problems with the current negotiating process
- Developed countries’ national emissions of C02 from consumption: citizens in developed countries are not even aware that two-thirds of their national emissions of carbon dioxide come from their diet, transport, and residential and commercial sectors, which together constitute the major share of their GDP; the consumption sectors are not independent silos but reflect their urban lifestyles.
- Ignores urbanization and requirement of fossil fuels for developing countries: the process ignores that global well-being will also follow urbanisation of the developing country’s population, requiring fossil fuels for infrastructure and energy to achieve comparable levels.
- Requirement of Infrastructure development in developing countries: the need for vast quantities of cement and steel in developing countries for infrastructure, constituting essential emissions, as they urbanise, is not being considered.
- Late urbanization: As late urbanisers, developing countries account for more than half the annual emissions and most emissions growth.
- Cannot afford new technologies: They cannot affordably access many of the new technologies to decarbonise quickly.
- Not having a comparable level playing field: The result is a shrinking of their policy space and human rights, endangering efforts to achieve comparable levels of well-being with those who developed earlier without any constraints.
Why the foundation of the Climate Treaty in international environmental law is questionable?
- US interpretation in Stockholm Conference on the Environment (1972): In the run-up to the Stockholm Conference, the United States Secretary of States stated that “urbanization has changed the nation with seventy five percent of its people living in the urban area. we must see ourselves not only as victims of environmental degradation but as environmental aggressors and change our patterns of consumption and production accordingly”.
- Conclusion by scientific committee set up by the US: A scientific committee concluded that “long range planning to cope with global environmental problems must take account of the total ecological burden, controlling that burden by systematic reduction in per-capita production of goods and services would be politically unacceptable. A concerted effort is needed to orient technology toward making human demands upon the environment less severe”.
- Power play on risk management but not on the technology transfer: Power play framed natural resource use around risk management rather than technology transfer and the well-being of all within ecological limits.
Why climate negotiations are seen as Differentiated common responsibility?
- Missing the objective: The objective of the Climate Treaty is to avoid a concentration of cumulative emissions of carbon dioxide, prevent dangerous anthropogenic interference with the climate system and enable sustainable economic development.
- Climate agreements and initiatives: The Paris Agreement (2015) agreed to a 1.5°C global temperature goal. The Intergovernmental Panel on Climate Change (IPCC) in 2018 recommended that net emissions needed to zero out around 2050. In Glasgow, in 2021, negotiators zeroed in on coal to reduce future emissions.
- Ignored the key findings of the IPCC report: This initiative was not based on science and it ignored the key finding of the IPCC on the centrality of the carbon budget, i.e., cumulative emissions associated with a specific amount of global warming that scientifically links the temperature goal to national action.
- Carbon budget and the developing countries: Carbon budgets are robust as they can be estimated accurately from climate models. And, they are the most useful for policy as they couple the climate to the economy consistent with the science of both. The IPCC, in 2018, estimated the budget for a 50% chance of avoiding more than 1.5°C of warming to be 2,890 billion tonnes of carbon dioxide (now, it is less than 400bn tonnes), raising the question on how late developers will attain comparable levels of wellbeing.
Shortcomings in Climate justice
- Climate injustice flows from the negotiations and not from the text of the Climate Treaty.
- Rejected historical responsibility and shifted the burden: The process adopted the structure of international law in a manner that rejected historical responsibility for a continuing problem, and steadily shifted the burden to China and India.
- The flaw in set agenda: The agenda was set around globalised material flows described as global warming (the symptom), and not wasteful use of energy.
- Public finance is not materialised for actual objective: Public finance is used as a means to secure a political objective, and not to solve the problem itself. The $100 billion promised at Paris along with pre-2020 commitments constituting the incentive for developing countries to agree to a global temperature goal has not materialised. And, new funding for ‘Loss and Damage’ will be from a “mosaic of solutions”, constituting a breach of trust.
- Longer term trend has been ignored: With one-sixth of the global population, the developed country share in 2035 will still be 30%. Asia’s emissions with half the world’s population will rise to 40% remaining within its carbon budget. Pressures to further reduce emissions displace their human rights.
Conclusion
- India’s thrust on LiFE (or “Lifestyle for Environment”), with the individual shifting from wasteful consumption of natural resources goes back to the original science. Consumption-based framing challenges the ‘universalism’ that has dominated the negotiations and its common path of reductions based on single models. The carbon budget formalizes a ‘diversity’ of solutions. For example, in developed countries, exchanging overconsumption of red meat for poultry can meet half the global emissions reduction required by the end of the century.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 25
Mains level: Religious conversions
The Supreme Court said that- acts of charity or good work to help a community or the poor should not cloak an intention to religiously convert them as payback.
What did the SC say?
- Conversion on the basis of a voluntarily felt belief in the deity of a different faith is different from belief gained through allurement.
- The court said it would examine such veiled intentions behind religious conversions through allurement by offering food, medicines, treatment, etc.
What is Religious Conversions?
- Religious conversion is the adoption of a set of beliefs identified with one particular religious denomination to the exclusion of others.
- It is one of the most heated issues in the society and politics which can be defined as the adoption of any other religion or of a set of beliefs by the exclusion of other i.e. renouncing one religion and adopting another.
- There are various reasons for which people do convert their religion like:
- Voluntary Conversions i.e. conversions by free choice or because of change of beliefs.
- Forceful Conversions i.e. conversions by coercion, undue influence or inducement.
- Marital Conversions i.e. conversions due to marriage.
- Conversion for convenience i.e. social mobility
Constitutional ambiguity over conversions
- The question whether ‘right to convert’ comes under the ambit of ‘right to propagate any religion’ holds fundamental importance to determine the constitutionality of anti-conversion laws.
- Article 25 talks about the term “propagate” which means to promote or transmit or merely a freedom of expression.
Why is this getting prominence in India?
Selective persecution and religious marginalization is often debated in India due to religious conversions for:
- Ghar Wapsi
- Inter-faith Marriages (often termed as Love Jihad)
What about Incentivised Conversions?
- There are many cases of incentivized conversions for the poor sections of society in exchange for a dignified social life.
For them, the solution lies in addressing the root issues:
- Ending discrimination
- Providing high-quality and free education to the poor and disenfranchised
- Improving access and quality of free health facilities and medicines
- Improving nourishment and
- Providing adequate employment opportunities to all
How has Parliament handled anti-conversion bills?
After independence, Parliament introduced a number of anti-conversion bills which were not enacted for want of majority approval.
- In post-Independent India, the first Indian Conversion (Regulation and Registration) Bill, 1954, which sought to enforce “licensing of missionaries and the registration of conversion.”
- This was followed by the introduction of the Backward Communities (Religious Protection) Bill, 1960, “which aimed at checking conversion of Hindus to ‘non-Indian religions’.
- Non-India religions included Islam, Christianity, Judaism and Zoroastrianism,.
- The Freedom of Religion Bill in 1979, which sought “official curbs on inter-religious conversion.”
Conclusion
- Religious conversion gives new identity to the communities converted which in turn leads to social mobility.
- Hence, anti-conversion amount to discrimination and a violation of the right to equality.
- However, inter-faith marriages should not be pre-conditioned with religious conversion.
- This certainly raises concerns for the majority of society.
- Also mass conversions for the sake of revivalism should also not be promoted in any ways.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Exit poll
Mains level: Read the attached story
As voting for Gujarat elections ended, exit polls are out on the news channels.
What are Exit Polls?
- An exit poll asks voters which political party they are supporting after they have cast their votes in an election.
- In this, it differs from an opinion poll, which is held before the elections.
- An exit poll is supposed to give an indication of which way the winds are blowing in an election, along with the issues, personalities, and loyalties that have influenced voters.
- Today, exit polls in India are conducted by a number of organisations, often in tie-ups with media organisations.
- The surveys can be conducted face to face or online.
Issues with exit polls
- Accuracy: Some common parameters for a good, or accurate, opinion poll would be a sample size that is both large and diverse, and a clearly constructed questionnaire without an overt bias.
- Politicization: Political parties often allege that these polls are motivated, or financed by a rival party.
- Manipulation for popularity: Critics also say that the results gathered in exit polls can be influenced by the choice, wording and timing of the questions, and by the nature of the sample drawn.
History of exit polls in India
- In 1957, during the second Lok Sabha elections, the Indian Institute of Public Opinion had conducted such a poll.
Rules governing exit polls in India
- In India, results of exit polls for a particular election are not allowed to be published till the last vote has been cast.
- The issue of when exit polls should be allowed to be published has gone to the Supreme Court thrice in various forms.
- Currently, exit polls can’t be telecast from before voting begins till the last phase concludes.
Need of such polls
- Popular opinion: Polls are simply a measurement tool that tells us how a population thinks and feels about any given topic.
- Specific viewpoint: Polls tell us what proportion of a population has a specific viewpoint.
- Opportunity to express: Opinion polling gives people who do not usually have access to the media an opportunity to be heard.
Issues with such polls (in context of elections)
- Authenticity: Critics have often questioned their authenticity.
- Manipulation of voters: This largely manipulates voting behavior.
- Sensationalization by media: The media, on the other hand, invariably opposes the idea of a ban as seat forecasts attract primetime viewership.
- Ridiculing the public mandate: The exit polls largely disrespect public opinions inciting confusion regarding the election mandate.
Why does it persist in India?
Ans. Exercise of Free Speech
- The opposition to the ban in India is mainly on the ground that freedom of speech and expression is granted by the Constitution (Article 19).
- What is conveniently forgotten is that this freedom is not absolute and allows for “reasonable restrictions” in the same article.
Limited restrictions that we have in India
- RP Act: The Indian Penal Code and Representation of the People Act, 1951 do contain certain restrictions against disinformation.
- Restrictions on A19: While the Constitution allows for reasonable restrictions on freedom of expression, its mandate to the ECI for free and fair elections is absolute.
- Supreme Court interpretations: The Supreme Court (SC), in a series of judgments, has emphasized this requirement.
- Basic structure doctrine: It considers free and fair elections is the basic structure of the Constitution (PUCL vs Union of India, 2003; NOTA judgment, 2013).
How does it impact the election process?
- Prevalence of paid news in India: Having seen “paid news” in action, it apprehends that some opinion polls may be sponsored, motivated and biased.
- Opacity: Almost all polls are non-transparent, providing little information on the methodology.
- Propaganda: Subtle propaganda on casteist, religious and ethnic basis as well as by the use of sophisticated means like the alleged poll surveys create public distrust in poll process.
- Disinformation: With such infirmities, many “polls” amount to misinformation that can result in “undue influence”, which is an “electoral offense” under IPC Section 171 (C). It is a “corrupt practice” under section 123 (2) of the RP Act.
- Betting: The polling agencies manipulate the margin of error, victory margin for candidates, seat projections for a party or hide negative findings.
Way forward
- Independent regulator: Ideally a body like the British Polling Council would be a viable option. India could set up its own professional, self-regulated body on the same lines say Indian Polling Council.
- Mandatory disclosure: All polling agencies must disclose for scrutiny the sponsor, besides sample size, methodology, time frame, quality of training of research staff, etc.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: OBC Subcategorization
Mains level: Read the attached story
After more than five years of its formation, the commission for the sub-categorization under Justice Rohini of the Other Backward Classes (OBC) is now in the final stages of finishing its task.
Why in news?
- The commission is expected to come up with a formula to further classify the nearly 3,000 caste groups and preparing a report on it.
- This is perceived as crucial development before next Lok Sabha elections.
OBCs and their sub-categorization
- OBCs are granted 27% reservation in jobs and education under the central government.
- In September 20202, a Constitution Bench of the Supreme Court reopened the legal debate on the sub-categorization of SCs and STs for reservations.
- The debate arises out of the perception that only a few affluent communities among over 2,600 included in the Central List of OBCs have secured a major part of this 27% reservation.
Need for sub-categorization
- The argument for sub-categorization — or creating categories within OBCs for reservation — is that it would ensure “equitable distribution” of representation among all OBC communities.
- To examine this, the Rohini Commission was constituted on October 2, 2017.
- At that time, it was given 12 weeks to submit its report but has been given several extensions since, the latest one being the 10th.
- Before the Rohini Commission was set up, the Centre had granted constitutional status to the National Commission for Backward Classes (NCBC).
What are the Commission’s terms of reference?
It was originally set up with three terms of reference:
- To examine the extent of inequitable distribution of benefits of reservation among the castes or communities included in the broad category of OBCs with reference to such classes included in the Central List;
- To work out the mechanism, criteria, norms and parameters in a scientific approach for sub-categorization within such OBCs;
- To take up the exercise of identifying the respective castes or communities or sub-castes or synonyms in the Central List of OBCs and classifying them into their respective sub-categories.
The fourth term of reference was added on January 22, 2020, when the Cabinet granted it an extension:
- To study the various entries in the Central List of OBCs and recommend correction of any repetitions, ambiguities, inconsistencies and errors of spelling or transcription.
Why so many extensions are being given?
- This was added following a letter to the government from the Commission on July 30, 2019.
- In process of preparing the sub-categorized central list of OBCs, the Commission has noted several ambiguities in the list as it stands now.
- The Commission is of the opinion that these have to be clarified/rectified before the sub-categorized central list is prepared.
What progress has it made so far?
- In its letter to the government on July 30, 2019, the Commission wrote that it is ready with the draft report (on sub-categorization).
- Following the latest term of reference given (on January 22, 2020) to the Commission, it is studying the list of communities in the central list.
How smooth has its work been?
- A hurdle for the Commission has been the absence of data for the population of various communities to compare with their representation in jobs and admissions.
- On August 31, 2018, then Home Minister had announced that in Census 2021, data of OBCs will also be collected, but since then the government has been silent on this.
- Many groups of OBCs have been demanding the enumeration of OBCs in the Census.
What have its findings been so far?
- In 2018, the Commission analyzed the data of 1.3 lakh central jobs given under OBC quota over the preceding five years and OBC admissions to central higher education institutions.
- The findings were: 97% of all jobs and educational seats have gone to just 25% of all sub-castes classified as OBCs; 24.95% of these jobs and seats have gone to just 10 OBC communities.
- 983 OBC communities — 37% of the total — have zero representation in jobs and educational institutions; 994 OBC sub-castes have a total representation of only 2.68% in recruitment and admissions.
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