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  • Surrogacy in India

    Challenges of Posthumous Assisted Reproduction (PAR)

    Why in the News?

    On October 4, 2024, the Delhi High Court allowed the parents of a deceased man to use his frozen semen for posthumous reproduction. The court cited a similar 2018 case in Germany and noted that the ART Act, 2021, doesn’t specifically address such situations.

    What is Posthumous Assisted Reproduction (PAR)?

    • Posthumous reproduction refers to the use of reproductive material (such as sperm or eggs) from a deceased individual to conceive a child after their death.
    • This can include posthumous sperm retrieval, where sperm is collected from a deceased man (typically through medical procedures shortly after death) for future use in assisted reproductive technologies, like in vitro fertilization (IVF).

    What does the Law says in India?

    • The Assisted Reproductive Technology (ART) Act, 2021 governs all fertility treatments and artificial insemination procedures.
    • The ART Rules, 2022 specify guidelines for posthumous sperm retrieval, but only in cases where the deceased was married, and the surviving spouse is the one requesting the retrieval.
      1. The Ministry of Health and Family Welfare (MoHFW) rejected the parents’ request, clarifying that the law does not apply to “post-mortem grandparenthood.”
    • The Surrogacy Regulation Act applies exclusively to married couples or women with medical needs for surrogacy and does not include grandparents as “intending grandparents.”

    Challenges posed by Posthumous Assisted Reproduction (PAR):

    PAR presents several legal, ethical, and social challenges:

    • Legal Issues: There’s a lack of clear laws governing the use of gametes after death, especially regarding consent from the deceased and questions about parentage and inheritance. The absence of specific regulations makes it difficult to establish who holds parental rights.
    • Ethical Concerns: Issues include the morality of using a deceased person’s genetic material, the commodification of human tissue, and concerns about grandparenthood. The emotional and ethical implications for surviving family members also come into play.
    • Social and Psychological Issues: Children born through PAR may face challenges related to knowing their deceased parent, and surviving partners may struggle with grief or guilt. Disputes over the deceased’s wishes can complicate family dynamics.
    • Biological Considerations: The long-term storage of gametes can lead to degradation, affecting the quality of embryos or sperm. Preserving genetic material for extended periods also presents technical challenges.
    • Cultural and Religious Concerns: Different cultures and religions may oppose posthumous reproduction, viewing it as morally or spiritually problematic.
    • Access and Equity: PAR can be expensive and may raise issues of access and commercialization, potentially leading to exploitation or unequal access to these technologies.

    PYQ:

    [2021] In the context of hereditary diseases, consider the following statements: 

    1. Passing on mitochondrial diseases from parent to child can be prevented by mitochondrial replacement therapy either before or after in vitro fertilization of egg.

    2. A child inherits mitochondrial diseases entirely from mother and not from father.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

  • Crimes against humanity and an obtuse Indian stance

    Why in the News?

    India’s stance on a ‘crimes against humanity’ treaty reflects its longstanding reservations about the Rome Statute and the International Criminal Court.

    What is India’s stance on the proposed Crimes Against Humanity treaty?

    • Non-Party to the Rome Statute: India is not a signatory to the Rome Statute and has consistently expressed objections to the ICC’s jurisdiction, particularly regarding the powers of the ICC prosecutor and the role of the UN Security Council in prosecuting international crimes. India argues that it should be able to address such issues through its national legal system rather than through international mechanisms.
    • Call for In-Depth Study: For 5 years, India has advocated for a comprehensive examination of the need for a dedicated CAH treaty. This reflects its belief that existing frameworks may not adequately address the complexities of CAH.
    • Concerns Over Duplication: India is wary that a new CAH treaty could overlap with existing laws under the Rome Statute, potentially complicating accountability measures rather than clarifying them.

    How does India’s legal framework address crimes against humanity?

    • Lack of Domestic Legislation: Currently, India does not have specific domestic laws prohibiting crimes against humanity. The absence of such legislation was highlighted by Justice S. Muralidhar of the Delhi High Court, who noted that neither CAH nor genocide is included in India’s criminal law. This gap indicates a need for legislative action to align with international standards.
    • Emphasis on National Jurisdiction: India maintains that national courts are more suitable for addressing CAH and other international crimes, emphasising its preference for national over international jurisdiction in these matters.

    Why should India have proper legislation related to Crime against humanity?

    • Inadequate Domestic Legislation: Despite ratifying the Genocide Convention, India lacks domestic laws to enforce its provisions, creating a gap in prosecuting crimes like genocide and CAH.
    • International Accountability: Enacting CAH laws would align India’s legal framework with international standards, fulfilling commitments and enhancing global cooperation on prosecuting international crimes.
    • Justice for Mass Atrocities: India’s history of communal violence underscores the need for CAH laws to ensure justice, accountability, and deterrence against future atrocities while safeguarding human rights.
    • Leadership in Human Rights: By adopting CAH laws, India could address global issues like terrorism, advocate for accountability, and position itself as a leader in promoting justice and human dignity.
    • Empowering National Courts: CAH laws would strengthen Indian courts’ ability to handle serious human rights violations, reinforcing the country’s preference for national jurisdiction over international mechanisms.

    What are India’s specific concerns regarding the definitions and scope of crimes against humanity?

    • Definition of Crimes: India has raised objections to certain definitions within the proposed treaty. It argues against including “enforced disappearance” as a CAH while advocating for “terrorism” to be recognised as such. This reflects India’s broader security concerns and its focus on acts it deems more relevant to its national context.
    • Scope of Application: India contends that crimes committed only during armed conflicts should be classified as CAH, opposing any broader interpretation that includes peacetime offences. This position underscores India’s strategic interests and its approach to defining accountability in terms of state actions during conflicts rather than in peacetime contexts.

    Do you know?

    • Justice (Retd.) V Ramasubramanian has been appointed as the new chairperson of the National Human Rights Commission (NHRC).
    • Priyank Kanoongo (former NCPCR chief) and Dr. Justice Bidyut Ranjan Sarangi (Retd.) have been appointed as NHRC Members.

    About National Human Rights Commission (NHRC)

    • A Statutory Body established under the Protection of Human Rights Act (PHRA), 1993.
    • Chairperson: Former Supreme Court Justice or Chief Justice; appointed by the President.
    • Members:
      • Four full-time members:
        • 1 ex-SC Judge (Chairperson),
        • 1 ex-SC Judge,
        • 1 ex-Chief Justice of a High Court,
        • 1 expert in human rights (at least one woman).
      • Seven ex-officio members: Chairpersons of national commissions (SC/ST, Women, Minorities, etc.) and Chief Commissioner for Persons with Disabilities.
    • Appointment Process:
      • Appointed by the President on the recommendation of a committee (PM, Speaker of Lok Sabha, Home Minister, Leaders of Opposition, etc.).
      • Judicial appointments involve consultation with the Chief Justice of India.
      • Removal: Requires consultation with the Supreme Court and an order by the President.
    • Terms of Office:
      • Term: 3 years or until the age of 70 (whichever is earlier).
      • Eligible for reappointment but not for other government posts.
    • Limitations:
      • Cannot inquire into cases older than one year from the alleged violation.
      • Functions are recommendatory; lacks direct punitive powers.
      • Limited jurisdiction over cases involving the armed forces.
    • Functions:
      • Inquire into alleged human rights violations.
      • Recommend interim relief to victims.
      • Intervene in court proceedings on human rights matters.
      • Review constitutional and legal safeguards for human rights.
      • Promote human rights literacy and support NGOs.
    • Powers:
      • Can regulate its own procedure.
      • Exercises powers of a civil court with judicial authority.

    Way forward: 

    • Enact Comprehensive Domestic Legislation: India should introduce laws addressing crimes against humanity and other international crimes, aligning with global standards while addressing domestic concerns like terrorism and communal violence.
    • Advocate for Inclusive Global Frameworks: India can engage constructively in international negotiations on the CAH treaty, pushing for definitions and provisions that address its concerns, such as including terrorism, while leveraging its stance to lead global efforts in promoting accountability and human rights.

    Mains PYQ:

    Q What do each of the following quotations mean to you? “Condemn none: if you can stretch out a helping hand, do so. If not, fold your hands, bless your brothers, and let them go their own way.” – Swami Vivekanand (UPSC IAS/2020)

  • The political crisis in South Korea

    Why in the News?

    President Yoon Suk Yeol’s decision to declare martial law caused a nationwide crisis, leading to an impeachment and a long legal fight in South Korea’s Constitutional Court.

    south korea

    What Led to President Yoon Suk Yeol’s Declaration of Martial Law?

    • Political Frustration: Facing increasing opposition and a loss of support from the National Assembly after the April 2024 elections, Yoon declared martial law on December 3, 2024, in a desperate attempt to maintain control amid growing dissent against his administration’s policies and allegations of corruption involving his wife.
    • Opposition Assertiveness: The opposition parties gained significant power in the National Assembly, securing 192 out of 300 seats. Their assertive stance against Yoon’s government exacerbated tensions, prompting him to take extreme measures to suppress dissent.
    • Failed Military Response: Despite sending military and police forces to various locations, including the National Assembly, their reluctance to act against peaceful protests highlighted the lack of support for Yoon’s decision. The National Assembly members voted overwhelmingly against martial law, leading to its withdrawal shortly after its declaration.

    How Has the Political Landscape Changed Following the Impeachment Proceedings?

    • Increased Polarization: The impeachment motion against Yoon, which passed with 204 votes in favour on December 14, 2024, reflects deepening political polarization in South Korea.
      • The ruling People Power Party (PPP) faced internal conflict over how to respond to the impeachment, indicating fractures within conservative ranks.
    • Opposition Power Dynamics: The opposition has gained momentum and confidence following the successful impeachment motion. This shift has allowed them to challenge Yoon’s policies more aggressively and seek accountability for alleged corruption within his administration.
    • Public Sentiment: Yoon’s popularity has plummeted due to his handling of both domestic and foreign policies, as well as controversies surrounding his wife. This decline has strengthened the opposition’s position and increased public demand for accountability.

    What are the potential implications of this crisis for South Korea’s democratic institutions?

    • Erosion of Democratic Norms: The use of martial law and aggressive tactics against political opponents raises concerns about the erosion of democratic norms in South Korea. Such actions could set a precedent for future administrations to bypass democratic processes in times of political strife.
    • Judicial Independence at Stake: The ongoing impeachment proceedings will be reviewed by the Constitutional Court, which may face pressure from public opinion and political factions. The outcome could influence perceptions of judicial independence and integrity within South Korea’s legal system.
    • Long-Term Stability Concerns: If political leaders continue to engage in vendetta politics and prioritize partisan interests over national unity, it could undermine public trust in democratic institutions. This instability may hinder effective governance and exacerbate societal divisions.

    What are the challenges in India that could prevent a South Korea-like scenario?

    • Diverse Federal Structure: India’s federal system and strong regional governments provide multiple centers of power, reducing the likelihood of concentrated national-level crises.
    • Robust Democratic Institutions: A vibrant judiciary, free press, and active civil society act as checks against potential abuses of power.
    • Electoral Accountability: Regular elections at various levels ensure political leaders remain answerable to the public, mitigating prolonged governance failures.
    • Cultural and Political Pluralism: India’s diversity in culture, language, and political ideologies discourages the kind of national consensus required for large-scale systemic crises like in South Korea.

    What should India do to prevent this type of situation? (Way forward)

    • Strengthen Democratic Institutions: India should prioritize the independence and resilience of democratic institutions, including the judiciary, Election Commission, and a free press, to ensure checks and balances against potential overreach by any government.
    • Promote Political Accountability and Transparency: Encourage bipartisan dialogue and accountability mechanisms to address corruption and governance issues, preventing political polarization and maintaining public trust in democratic processes.

    Mains question for practice:

    Q Analyze the factors that led to the declaration of martial law by President Yoon Suk Yeol in South Korea and discuss its implications for democratic institutions. What lessons can India draw from this crisis to strengthen its own democratic framework? (250 words) 15M

  • Promoting Science and Technology – Missions,Policies & Schemes

    What are Hydrothermal Vents?

    Why in the News?

    • Indian oceanographers have captured the first-ever image of an active hydrothermal vent located 4,500 metres below the surface of the Indian Ocean.
      • This discovery is part of India’s Deep Ocean Mission under the Ministry of Earth Sciences, with a total outlay of ₹4,000 crore.

    What are Hydrothermal Vents?

    • Hydrothermal vents are typically found near tectonic plates, where cold water (about 2°C) near the ocean floor mixes with magma, leading to superheated water (up to 370°C) that emerges through chimneys.
    • These vents release mineral-rich plumes, including metals like copper, zinc, gold, silver, platinum, iron, cobalt, and nickel, making them significant for mineral exploration.

    Mineral Potential of Hydrothermal Vents:

    • Hydrothermal vent deposits are rich in valuable minerals such as copper, zinc, gold, silver, and nickel, which are highly sought after for various industries.
    • These vents can remain active for periods ranging from a few hundred years to 30,000 years, making them long-lasting and crucial for mineral exploration.
    • Scientists at NCPOR, confirmed that the image showed an active vent chimney with black smokers, and signs of chemosynthetic organisms thriving in this extreme environment.
      • This discovery enhances India’s Deep Ocean Mission, particularly the Samudrayaan mission, which focuses on mineral exploration from inactive hydrothermal vents.

    About the Hydrothermal Exploration Programme by NCPOR:

    Details
    • A scientific initiative by the National Centre for Polar and Ocean Research (NCPOR) to explore hydrothermal vents in the Indian Ocean, focusing on the Central and Southwest Indian Ridges.
    • Aimed at mineral exploration and studying ecosystems around hydrothermal vents.
    Aims and Objectives
    • Locate and Study Hydrothermal Vents: Identify active vents with minerals like copper, zinc, gold, and nickel.
    • Mineral Exploration: Part of India’s Deep Ocean Mission, aiming at valuable mineral exploration such as cobalt and platinum.
    • Biodiversity Studies: Understand chemosynthetic organisms that thrive in extreme conditions of the vents.
    Key Features of the Programme
    • Geophysical Surveys: Conducted since 2012 to detect temperature anomalies and turbidity in the water columns for locating vent fields.
    • Use of Advanced Technology: Utilizes Automatic Underwater Vehicles (AUVs) and high-resolution imaging.
    • Collaborations: Partners with the National Institute of Ocean Technology (NIOT) for exploration in the Southern Indian Ocean.

     

    About the Deep Ocean Mission (DOM):

    • DOM is an ambitious initiative by the Ministry of Earth Sciences (MoES) approved in 2021 to develop technologies for deep-sea exploration.
    • Part of the 9 missions under the Prime Minister’s Science, Technology, and Innovation Advisory Council (PMSTIAC).

    Important updates in DOM:

    • Samudrayaan and Matsya6000:
      • Launched in 2021 under DOM, Samudrayaan is India’s flagship crewed expedition to reach a depth of 6,000 m in the Central Indian Ocean.
      • The mission will utilize Matsya6000, a deep-ocean submersible designed for a three-member crew.
        • Construction: Made from titanium alloy to endure pressures up to 6,000 bar.

    India’s Ocean Exploration Milestones:

    • 1981: Ocean studies began with a program on polymetallic nodules (PMN) initiated at CSIR-NIO, marked by the collection of the first nodule sample from the Arabian Sea aboard the research vessel Gaveshani.
    • 1987: India became the first country to receive Pioneer Investor status from the International Seabed Authority (ISA).
      • Allocated 1.5 lakh km² in the Central Indian Ocean Basin (CIOB) for nodule exploration, based on extensive surveys by CSIR-NIO.
    • 2002: India signed a contract with the ISA; after resource analysis, surrendered 50% of the allotted area, retaining 75,000 km².
    • Further studies narrowed the mining area to 18,000 km², identified as the First Generation Mine-site.

     

    PYQ:

    [2021] Consider the following statements:

    1. The Global Ocean Commission grants licences for seabed exploration and mining in international waters.
    2. India has received licences for seabed mineral exploration in international waters
    3. ‘Rare earth minerals’ are present on the seafloor in international waters.

    Which of the statements given above are correct?

    (a) 1 and 2 only
    (b) 2 and 3 only
    (c) 1 and 3 only
    (d) 1, 2 and 3

  • Manipur Crisis

    What is Protected Area Regime (PAR)?

    Why in the News?

    • The Manipur government has announced that the Central government has re-imposed the Protected Area Regime (PAR) in Manipur, Mizoram, and Nagaland, all of which share borders with Myanmar.
      • The reimposition of the PAR comes after 13 years of relaxation and is aimed at addressing security concerns, primarily the alleged illegal immigration from Myanmar.

    What is the Protected Area Regime (PAR)?

    Details
    • Introduced under the Foreigners (Protected Areas) Order, 1958, which is part of the Foreigners Act, 1946.
    • The regime was created to regulate the movement of foreigners in sensitive areas near international borders.
    • It applies to regions between the Inner Line and the International Border, primarily areas close to Myanmar in these states.

    Objectives: To ensure national security by restricting foreign nationals’ access to sensitive regions.

    Implications:  

    • For Foreign Visitors: Special permits and approvals required, potentially discouraging tourism.
    • Impact on Tourism and Development: Could slow international tourism and investments, reversing earlier benefits.
    • Enhanced Security: Allows tighter control over foreign movements, addressing illegal migration.
    • Border Control: Strengthens border management, reducing unauthorized cross-border activities.
    Areas Covered
    • Pre-2010: Applied to all of Arunachal Pradesh, Sikkim, Manipur, Mizoram, Nagaland, and parts of Jammu & Kashmir, Rajasthan, Himachal Pradesh, and Uttarakhand.
    • 2010 Relaxation: The regime was relaxed for Manipur, Mizoram, and Nagaland, allowing foreigners to visit these areas without special permits.
    • 2024 Reimposition: The regime has been reimposed in these states, particularly due to security concerns related to illegal immigration and border management.
    Structural Mandate 
    • Mandate: Foreign nationals must apply for a Protected Area Permit (PAP) through the Ministry of Home Affairs (MHA) or state authorities to enter these areas.
    • Implementation: The PAPs specify the duration of stay and movement routes. Unauthorized extension or deviation from routes is prohibited. The system is managed under the Foreigners (Protected Areas) Order, 1958.
    • Exemptions: Some countries may have exemptions, and Indian citizens generally do not need PAPs to travel in these areas.
  • Economic Indicators and Various Reports On It- GDP, FD, EODB, WIR etc

    A Study of Budgets of 2024-25 (Fiscal Reforms by States) Report released by RBI

    Why in the News?

    • According to the RBI report on state finances, India’s fiscal deficit has increased from 2.8% of GDP in FY22 to a projected 3.2% in FY24, signaling that fiscal consolidation is being side-lined in favor of increasing expenditure.
      • Capital expenditure (capex) has risen from 2.2% of GDP in FY23 to a budgeted 3.2% in FY24, indicating increased investment in assets for future growth.

    Fiscal position of the States as per the Report

    • Fiscal Deficit:
      • The Gross Fiscal Deficit (GFD) of states is projected to rise from 2.7% of GDP in FY2022-23 to 2.9% of GDP in FY2023-24.
      • This rise indicates that fiscal consolidation has been put on hold, with states continuing to spend more than their revenues.
      • Many states have budgeted for fiscal deficits above the 3% of GSDP mark, including Andhra Pradesh, Himachal Pradesh, Madhya Pradesh, and West Bengal, among others.
    • Revenue Expenditure:
      • Revenue Expenditure is expected to increase to 14.6% of GDP in FY2025, up from 13.5% in FY2024, indicating a rise in the current expenditure of states.
    • Capital Expenditure (Capex):
      • States have ramped up their capital expenditure (spending on creating assets), which has increased from 2.2% of GDP in FY2023 to 3.2% of GDP in FY2024.
      • This increase is in line with the government’s focus on infrastructure and long-term growth.
    • State Revenue:
      • State revenues are projected to increase from 13.3% of GDP in FY2024 to 14.3% in FY2025, driven by improved tax collections.
      • There has been a marked improvement in own tax revenue buoyancy compared to the pre-Covid period.
    • Debt-to-GDP Ratio:
      • The debt-to-GDP ratio for states has increased slightly to 28.8% in FY2024, from 28.5% in FY2023.
      • States with high fiscal deficits tend to have debt-to-GDP ratios above the national average, which suggests they have been sustaining deficits for a longer time.
    • Borrowing Trends:
      • States have shifted significantly towards market borrowings.
      • The share of market borrowings in financing the fiscal deficit has increased from 17% in 2005-06 to 79% in FY2024-25.
    • Recommendations:
      • The report suggests prudent management of subsidies, rationalization of centrally sponsored schemes, debt consolidation, and the adoption of climate and outcome budgeting to improve state fiscal health.

    PYQ:

    [2018] Consider the following statements:

    1. The Fiscal Responsibility and Budget Management (FRBM) Review Committee Report has recommended a debt to GDP ratio of 60% for the general (combined) government by 2023, comprising 40% for the Central Government and 20% for the State Governments.
    2. The Central Government has domestic liabilities of 21% of GDP as compared to that of 49% of GDP of the State Governments.
    3. As per the Constitution of India, it is mandatory for a State to take the Central Government’s consent for raising any loan if the former owes any outstanding liabilities to the latter.

    Which of the statements given above is/are correct?

    (a) 1 only
    (b) 2 and 3 only
    (c) 1 and 3 only
    (d) 1, 2 and 3

  • NITI Aayog’s Assessment

    Niti Aayog moots policy measures to develop workers’ accommodation around factories

    Why in the News?

    NITI Aayog has proposed a set of policy interventions to enable the creation of mega workers’ accommodations near factories under its initiative called S.A.F.E (Site Adjacent Factory Employee) Accommodation-Worker Housing for Manufacturing Growth.

    About the S.A.F.E. (Site Adjacent Factory Employee) Initiative

    Overview
    • S.A.F.E. initiative by NITI Aayog aims to provide affordable dormitory-style housing for workers near industrial areas, especially migrant laborers, including women.
      • The housing will include essential amenities like water, electricity, and sanitation, improving workers’ living conditions and enhancing productivity.
    Key Features
    • Location: Housing will be near industrial hubs to minimize commute time.
    • Basic Amenities: Includes water, electricity, and sanitation.
    • Ownership: Non-transferable accommodations, strictly for worker use, ensuring worker welfare.
    Significance
    • Worker Welfare: Improves living standards and promotes gender inclusivity.
    • Productivity: Reduces commute time, enhancing productivity and reducing attrition.
    • Economic Growth: Attracts global investors and supports India’s manufacturing growth target of 25% GDP by 2047.
    Key Recommendations
    • Tax & GST Benefits: Reclassification for tax exemptions to make the initiative financially viable.
    • Zoning Laws: Amendments for mixed-use developments to integrate worker housing.
    • Viability Gap Funding (VGF): 30%-40% of project cost for financial support.
    • Environmental Clearances: Streamlining for faster approvals.
    • Financial Support: Public-private partnerships for development and management.
  • Foreign Policy Watch: India-Sri Lanka

    [20th December 2024] The Hindu Op-ed: Reality check on Sri Lanka’s Tamil question

    PYQ Relevance:

    Q) ‘India is an age-old friend of Sri Lanka.’ Discuss India’s role in the recent crisis in Sri Lanka in the light of the preceding statement. (UPSC CSE 2022)

    Mentor’s Comment: UPSC Mains have focused on ‘India is an age-old friend of Sri Lanka (in 2022), and how domestic factors influence foreign policy between India and Srilanka’ (in 2013).

    Sri Lankan President Anura Kumara Dissanayake’s recent visit to India drew significant attention, marking his first foreign trip since taking office. The visit highlighted the shift in Sri Lanka’s political landscape, with the National People’s Power’s surprising electoral success. India’s priorities have also evolved, focusing on countering China’s influence in the region.

    Today’s editorial highlights the importance of Sri Lanka for India. This content can be used to substantiate the challenges and significance due to Srilanka for India in UPSC IAS mains paper GS2.

    _

    Let’s learn!

    Why in the News?

    The joint statement released by New Delhi and Colombo during the Sri Lankan President’s visit to India shows what is currently important to both countries.

    What is the joint statement released by New Delhi and Colombo during the Sri Lankan President’s visit?

    • Bilateral Cooperation: The statement emphasizes the deep-rooted cultural ties and geographical proximity that underpin the India-Sri Lanka partnership. 
      • Both leaders reaffirmed their commitment to enhancing cooperation in areas such as parliamentary exchanges, development cooperation, debt restructuring, energy cooperation, trade and investment, and strategic defense engagement.
    • Economic Support and Stability: President Anura Kumara Dissanayake expressed gratitude for India’s support during Sri Lanka’s economic crisis, highlighting India’s provision of nearly USD 4 billion in aid. 
      • The leaders agreed on an investment-based approach to assist Sri Lanka’s economic recovery and growth, while also addressing shared security interests in the Indian Ocean Region

     

    What is 13th Amandment?

    • The 13th Amendment to the Constitution of Sri Lanka, passed in 1987, was introduced as part of the Indo-Sri Lanka Accord signed between Indian Prime Minister Rajiv Gandhi and Sri Lankan President J.R. Jayewardene. 
    • Its primary aim was to provide a framework for the devolution of power to provincial councils, thereby addressing the demands for greater autonomy from the Tamil minority, particularly in the Northern and Eastern provinces.

    What is the current status of the 13th Amendment’s implementation in Srilanka?

    • Stagnation in Implementation: The 13th Amendment, which was designed to provide power devolution to provincial councils in Sri Lanka, has seen little progress in its implementation. 
      • The recent joint statement from India and Sri Lanka did not address the amendment or the political solutions for Tamil aspirations, highlighting a lack of commitment from the current government led by President Anura Kumara Dissanayake.
    • Political Hesitance: The Dissanayake administration has avoided explicitly referencing the 13th Amendment due to its association with “Indian imposition,” which is viewed negatively by the Sinhala-Buddhist majority. Instead, the government’s focus has shifted towards broader promises of provincial council elections and constitutional reforms without a clear plan for implementing the amendment.

    How do historical grievances impact contemporary Tamil-Sinhala relations?

    • Historical Conflict: Historical grievances from the civil war and ongoing issues related to Tamil rights significantly affect Tamil-Sinhala relations. The Tamil community continues to seek justice for wartime atrocities and greater political agency, while many in the Sinhala majority often view discussions about devolution and federalism with scepticism.
    • Political Dynamics: The recent electoral success of the National People’s Power (NPP) signifies a shift in Tamil political engagement, as Tamils have shown support for a party that traditionally opposed Indian intervention. 
      • However, this shift raises concerns about how effectively the NPP will address Tamil issues without alienating its base among Sinhala nationalists.

    What are the prospects for genuine reconciliation and autonomy for Tamils in Sri Lanka?

    • Need for Clarity: There is an urgent need for the NPP to clarify its position on Tamil rights and reconciliation. While the party’s manifesto promises provincial council elections and constitutional reforms, it lacks a concrete strategy for addressing historical grievances or ensuring autonomy for Tamils.
    • Challenges Ahead: Genuine reconciliation remains uncertain as long as past grievances are not adequately addressed. The Tamil polity must engage more directly with its constituents rather than relying on international actors. 
      • The NPP’s ability to foster inter-ethnic peace will depend on its willingness to confront historical failures and implement meaningful policies that reflect the aspirations of all communities in Sri Lanka.

    Way forward: 

    • Clear Political Vision: The NPP should outline a concrete plan for addressing Tamil rights, implementing the 13th Amendment, and ensuring provincial autonomy, while balancing the demands of both Tamil and Sinhala communities.
    • Inclusive Dialogue: Engage in direct, inclusive dialogue with all ethnic groups, focusing on national reconciliation and addressing past grievances, to foster a durable peace and meaningful political solution for all communities in Sri Lanka.
  • Should legislatures in India have fixed tenures?

    Why in the News?

    The 129th Constitution Amendment Bill, 2024, mandates fixed five-year Lok Sabha terms, aligning State Assembly elections, with mid-term polls serving only the remainder of the five-year tenure if dissolved.

    Do fixed legislative tenures promote better governance?

    • Potential for Improved Stability: Fixed tenures can provide a stable political environment, reducing frequent electoral disruptions that may hinder long-term governance plans.
    • Governance Challenges: However, Achary argues that while fixed terms might seem beneficial, they could lead to governance issues if political instability arises, as seen in states where mid-term elections are necessary due to governmental collapse.

    Note: 

    • Fixed Legislative Tenure refers to predetermined, non-variable terms for legislatures, ensuring elections occur at set intervals, and enhancing stability.
    • Mid-term polls are elections held before the scheduled end of a legislative term, usually triggered by government collapse or dissolution.

    How would fixed tenures impact the accountability of elected officials?

    • Increased Accountability: Frequent elections are believed to enhance political accountability since representatives must consistently engage with their electorate. Achary emphasises that regular electoral cycles compel politicians to remain responsive to public needs.
    • Mid-Term Elections as a Safety Valve: Allowing mid-term elections maintains accountability within the legislative framework, ensuring that elected officials remain answerable to their constituents even if they face political challenges during their term.

    What are some learnings from the Western world?

    • Lessons from the UK: The UK’s Fixed-term Parliaments Act of 2011 was meant to set fixed terms for its Parliament but caused problems like policy delays and constitutional issues.
      • It was eventually repealed. India’s plan is different because it allows mid-term elections, where new governments serve only the remaining term, not a full fixed term.
    • Lessons from Germany: The Constructive Vote of No Confidence in Germany mandates the selection of a new leader before the current one is removed, ensuring stability. However, this approach is not well-suited to India’s political system and has not gained significant support.

    What challenges might arise from implementing fixed tenures in the Indian political context?

    • Erosion of Federalism: Aligning State Assembly tenures with those of the Lok Sabha could weaken federalism by reducing the autonomy of state legislatures. This may result in premature dissolutions and disruptions in local governance.
    • Political Instability Risks: The bill’s provision for shorter tenures following mid-term elections could result in significant instability. If a government collapses mid-term, the resultant Lok Sabha might only serve for about a year, which is seen as undesirable by Madhavan.
    • Potential for Increased Political Maneuvering: There is doubt about whether fixed tenures can effectively deter practices like horse trading or efforts to destabilize governments. While the bill aims to address such issues, its success is uncertain.

    Way forward: 

    • Strengthen Federalism: Ensure state legislatures retain autonomy by allowing flexibility in election cycles and minimizing central influence on state governance.
    • Mitigate Political Instability: Introduce safeguards like stricter anti-defection laws and robust mechanisms to address mid-term government collapses while maintaining accountability.

    Mains PYQ:

    Q ‘Simultaneous election to the Lok Sabha and the State Assemblies will limit the amount of time and money spent in electioneering but it will reduce the government’s accountability to the people’ Discuss. (UPSC IAS/2017)

  • International Space Agencies – Missions and Discoveries

    Japan, India startups collaborate to tackle space debris

    Why in the News?

    space startups from Japan and India announced a joint agreement to explore the use of laser-equipped satellites for removing debris from orbit, addressing the growing issue of orbital congestion.

    What is Space Debris?

    • Space debris, often referred to as space junk, consists of non-functional spacecraft, spent rocket stages, and fragments from collisions or disintegration of satellites.
    • These objects orbit the Earth at high speeds, posing significant risks to operational satellites and manned missions.

    What are laser-equipped satellites for removing debris from orbit?

    • Laser-equipped satellites utilize focused laser beams to target and vaporize small parts of space debris, effectively stopping its rotation and making it easier for servicing spacecraft to rendezvous with and de-orbit defunct satellites. T
    • Companies like Japan’s Orbital Lasers and India’s InspeCity are collaborating to explore business opportunities for these laser systems.
    • They plan to demonstrate this technology in space, with potential deployment on satellites after meeting regulatory requirements in their respective countries, indicating a growing interest in international partnerships to tackle the issue of space debris.

    What are the concerns related to space debris?

    • Collision Risks: The increasing amount of space debris raises the likelihood of collisions with active satellites and spacecraft, which can lead to further debris generation in a cascading effect known as the Kessler Syndrome.
    • Operational Challenges: Space debris complicates satellite operations and can disrupt services such as telecommunications, weather forecasting, and global positioning systems.
    • Environmental Impact: The accumulation of debris in low Earth orbit (LEO) threatens the sustainability of space activities and could hinder future space exploration efforts.

    What are the initiatives to tackle space debris globally?

    • International Collaboration: Organizations like the United Nations have called for urgent action to track and manage space debris, emphasizing the need for global cooperation.
    • Technological Innovations: Companies like Orbital Lasers are exploring innovative solutions such as using laser-equipped satellites to de-orbit defunct satellites and mitigate debris by vaporizing parts of their surfaces.
    • Regulatory Frameworks: Various countries are developing regulations to ensure responsible satellite launches and operations, including guidelines for end-of-life satellite disposal to minimize future debris creation.

    What are the measures should be taken by Satellite? (Way forward)

    • Tracking and Monitoring: Satellites use onboard systems and ground-based tracking data to monitor the position of space debris and predict potential collision risks.
    • Avoidance Maneuvers: Satellites perform preemptive orbital adjustments or “collision avoidance manoeuvres” to shift their trajectory away from debris.
    • Shielding and Resilience: Some satellites are equipped with protective shielding to withstand minor debris impacts, minimizing potential damage in low-risk scenarios.

    Mains PYQ:

    Q What is India’s plan to have its own space station and how will it benefit our space programme? (UPSC IAS/2019)

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