From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Russian-Ukraine war, India's strategy, worlds perspective
Context
As external affairs Minister Subrahmanyam Jaishankar arrives in Russia this week for a bilateral visit, there is growing international interest in the potential Indian diplomatic contribution to ending the tragic war in Ukraine which is now in the ninth month and has shaken the world to its core.
India’s balanced approach: India has reasons to be satisfied that there is a better appreciation of its position on Ukraine in the Western public discourse. In the last few months, the Western media and think tanks had been relentless in their criticism of the Indian approach to the crisis as lacking moral and strategic clarity in the face of Russia’s unprovoked aggression.
India didn’t criticize Russian nor endorse Russian aggression: Through the last nine months, Delhi was reluctant to explicitly criticize Russian aggression against Ukraine and insisted on a dialogue between the warring parties. At the same time, India refused to endorse Russian aggression, underlined the importance of respecting the United Nations Charter, emphasized the inviolability of territorial sovereignty, warned against the use of nuclear weapons, and sought to draw at tension to the economic impact of the war on the “Global South”.
America showed sensitivity to India’s position: In the Biden administration there was a measure of understanding of where Delhi was coming from and India’s long-standing equities in the relationship with Russia and the constraints it imposed on India. Official Washington never let the heat of the Ukraine crisis in Europe undermine the longer-term American imperative of engaging India to stabilize the Indo-Pacific. The same can’t be said about Europe, but then the continent was right in the middle of the gravest conflict since the Second World War. The European trauma from a shattered peace is real.
India’s role in grain shipment and nuclear power station: Recent reports in the US media recount the Indian diplomatic contribution at a few critical moments in the nine-month-long war-in helping overcome issues over the grain shipment deal from Ukraine and in reducing the growing risks of the war targeting the nuclear power station at Zaporizhzhia in eastern Ukraine.
Can India take on a larger diplomatic role?
India’s role is limited: Good relations with Moscow and Washington do put South Block in an interesting position. But India is not the only channel of communication between the US and Russia. Nor are Washington and Moscow totally reliant on third parties.
Efforts to end war by west and Russia
Communications between the defence ministers: The defence ministers of the two countries have frequently talked to each other reminding each other of their redlines in the war. Meanwhile, the onset of winter will increasingly limit the possibilities for military operations in Ukraine and would give a chance to both sides to pause, regroup and rethink their strategy and tactics.
Putin’s strategy: Putin’s current focus on destroying the Ukrainian cities and the occasional threat to use nuclear weapons underline Russia’s weakness in the Ukraine war rather than strength. From a military perspective, there is no easy way for Russia to secure a “victory” in this war.
Limitations of Putin: Putin might have no option but to consider an honorable draw that will save his political face and secure some territorial gains in Ukraine. Can the same be said about the other Vladimir? (The Russians and Ukrainians both claim Vladimir or Volodymyr the Great of the 10th century as the founder of their nations).
Ukraine’s strategy: Ukraine’s president Volodymyr Zelenskyy has led the country’s fight against Russian aggression with impressive determination. Unlike the Russian troops, the Ukrainian forces are trying to save their nation against aggression and have inflicted significant military defeats on the Russians.
Limitations of Ukraine: There is a question, can Zelenskyy succeed in liberating all territories occupied by Russia, including Crimea which Russia took by force in 2014? Zelenskyy might like to fight on until he realizes that goal, but there are second thoughts in the Western coalition that is backing him.
Western effort of sanctions on Russia: The West had bet that the massive sanctions it imposed after Moscow launched its war against Ukraine would bring the Russian economy to its knees. But Russia is still standing and the costs of the sanctions are beginning to have major effects on Western societies.
Rising energy cost and Ineffectiveness of sanctions: As the economic and energy costs of the war mount, there is growing political support in Europe for a quick resolution of the conflict. In the US, which has emerged as the main supporter of Ukraine, there are both Republicans and Democrats who are questioning the current American “blank cheque” for Ukraine. If the Republicans do well as they are expected to in this week’s midterm elections to the US Congress, the internal polarization could sharpen and cast a shadow over American foreign policy, including the Ukraine strategy.
USA is repairing its strategy: Although these developments need not be fatal to US strategy, Washington is beginning to recalibrate. In important private advice to Kyiv last week, Washington called for greater flexibility in Zelenskyy’s approach to negotiations with Putin.
Conclusion
Ending the war in Ukraine is very crucial as global economy especially western, facing energy and inflation crisis. India has a limited impact as mediator in ending the war in Ukraine. West and Russia need to realise their futile pursuit of complete victory is hurting them more. Sooner the war ends better for world.
Mains Question
Q. What role India can play as mediator in Ukraine war? What are efforts by Russia and Western nations to end the war?
op-ed snap | Polity | Mains Paper 2: Indian Constitution - historical underpinnings, evolution, features, amendments, significant provisions and basic structure
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Reservation system, SC Judgments and associated concerns
Context
The Supreme Court has now upheld the validity of the 103rd constitutional amendment. For instance, economic criterion was provided for this new category of affirmative action.
What is the verdict of supreme court?
SC/ST Excluded in new clause: The Scheduled Castes, Scheduled Tribes and non-creamy layer Other Backward Classes were excluded from the newly inserted clauses of Article 15(4) and 16(4).
The ceiling of 50 per cent reservation was breached: The cap of 50% is breached and the individual rather than the group became the basis of backwardness.
Do you know?
Indra Sawhney Vs. Union of India -Issued 50% Cap on Caste-based reservation: In the case the Supreme Court held that reservation for beneficiaries should not exceed 50% of India’s population. It was this case that issued a cap limit on caste-based reservations.
Judiciary is reluctant supporter of reservation: A closer look at the judicial response to reservation policies from Dorairajan (1951) to MR Balaji (1963) to Indra Sawhney (1992) to M Nagaraj (2006) shows that the Indian judiciary has not been quite supportive of such policies.
New conditions for new category of reservation: In many cases, it created new conditions in the implementation of such policies by introducing several exclusions/doctrines/rules etc. In fact, Parliament had to amend the Constitution through the 77th amendment to overturn Indra Sawhney judgment against reservation in promotions.
Reservation in promotion cancelled: The 85th constitutional amendment was passed to undo the Virpal Singh Chauhan (1995) and Ajit Singh (1999) judgments that had introduced the “catch up rule” under which general candidates, who are promoted after SC/ST candidates, will regain their seniority over earlier promoted SC/ST candidates.
Concerns about dilution of merit: Basically, Indian courts have been emphasising merit and have been concerned about the dilution of “merit”. In several reservation matters, the courts have been more interested in protecting the interests of general categories.
90% population is eligible under EWS: As a matter of fact, the EWS reservation is for the erstwhile general candidates: The Rs 8-lakh family income provision covers over 90 per cent of our population.
What is the significance of this recent Judgement?
New category on economic basis: The majority verdict is right in saying that though reservation on economic basis is new it has not made the Constitution unrecognizable. Justice Trivedi said the legislature best understands the needs of the people. The majority does have a point in holding that the basic structure doctrine does not bind Parliament from laying down the economic criterion. Such a basis does not impinge on the equality code of the Constitution.
Poverty as an injustice: Justice Maheshwari has quoted a number of judgments in which poverty was mentioned as a fundamental source backwardness. Justice Maheshwari held that poverty is not merely a stage of stagnation but a point of regression.
Identity of constitution will not change: India’s affirmative action programme far was catering to only historical injustices and social backwardness. The extension of this benefit to others, in the opinion of Justice Maheshwari, won’t change the identity of the Constitution.
Towards the justice: The court observed that the new reservation is in furtherance of the Preamble’s goal of achieving justice – social, economic and political.
Consistent with FR’s and DPSP’s: The other judges were also of the view that any provision that is consistent with fundamental rights and directive principles cannot be held to be in the teeth of the basic structure doctrine.
Constitutional amendment upheld: Constitutional amendments are rarely struck down since this can be done only on the narrow ground of the amendment being violative of the basic structure of the Constitution. Since 1973, when the basic structure doctrine was propounded, over 70 amendments had been passed but only five have so far been struck down. The NJAC was the last one in 2016.
Critical analysis of judgement
Goes to Individual and not group reservation: Economic disadvantage is individual, unlike caste discrimination. It carries no social stigma. The Court has gone against the earlier precedents on this point, which is why Justice Bhat was not able to persuade himself to agree with this reasoning, particularly when SC/ST/OBC categories have been excluded.
Argument over level playing field for open category: The majority was of the view that such an exclusion was inevitable for the true operation and effect of new policy. If existing beneficiaries are not excluded, it would amount to excessive benefit and advantage. Justice Maheshwari said that in the vertical reservation provided to these groups also, others are excluded. He said that those who are themselves receiving the benefit of others’ exclusion cannot object to their exclusion in the reservation policy made for others.
Debate on SC/ST exclusion: Justice Bhat observed that since the bulk of the poorest people belong to SC/ST/OBC groups, their exclusion is not right. The majority was also of the view that Parliament is entitled to experiment with new policies.
50% ceiling breached: The majority also cited a number of earlier judgments on the 50 per cent ceiling such as NM Thomas (1976), in which Justices Fazal Ali and V R Krishna Iyer observed that the arithmetical limit cannot be pressed too far. In Vasanth Kumar (1985), Justice Chinnappa Reddy observed that “for a court to say that reservation should not exceed 40 per cent, 50 per cent or 60 per cent would be arbitrary and the Constitution does not permit us to be arbitrary”.
Indira Sawhney judgement is overturned: Even Indra Sawhney had kept a small window for the government to go beyond the 50 per cent ceiling. The real question is would the Court have permitted such a breach at the all-India level if the same had been done for the existing beneficiaries of the reservation policy.
justice to general categories is not injustice to others: Justice Maheshwari admitted so when he observed that the 50 per cent limit was for the benefit of general candidates and it causes no injustice to the reserved categories. Justice Bhat, though, felt this may open the floodgates.
Conclusion
Justice should not only be done but should also be appear to have been done. Economical weaker section reservation was an effort to pacify the dissatisfaction among general categories against reservation. However, the merit system will be compromise or not only time will tell.
Mains Question
Q. Does exclusion of SC/ST from EWS reservation is justifiable? How EWS reservation will impact the merit system in India?
| Polity | Mains Paper 2: Indian Constitution - historical underpinnings, evolution, features, amendments, significant provisions and basic structure
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Read the attached story
Mains level: 103rd Constitutional Amendment
A Constitution Bench of the Supreme Court, in a 3:2 majority decision, upheld the validity of the 103rd Constitutional Amendment, which provides 10% reservation in government jobs and educational institutions to the Economically Weaker Sections (EWS) of society.
What else?
The judgment excludes the “poorest of poor” among Scheduled Castes (SC), Scheduled Tribes (ST), Socially and Educationally Backward Classes (SEBC) and Other Backward Classes (OBC) from its scope.
What was the 103rd Amendment?
The 103rd Amendment inserted Articles 15(6) and 16(6) in the Constitution to provide up to 10 per cent reservation to the economically weaker sections (EWS) among non-OBC and non-SC/ST sections .
In other words, the amendment had changed the Constitution and introduced a quota for the poor among the so-called ‘forward castes’ or ‘general category’.
Quota available to EWS
The quota is available in:
Admissions to higher educational institutions and
Initial recruitment in central government jobs
The amendment also empowered state governments to provide reservation on the basis of economic backwardness.
On what basis was the quota challenged?
Ans. Violation of Basic Structure
Violation of basic structure: Essentially, the challenge was based on the argument that the 103rd amendment violated the “basic structure” of the Constitution.
Socially disadvantage: The primary argument in this case stemmed from the view that the special protections guaranteed to socially disadvantaged groups is part of the basic structure.
Sole economic criterion: The 103rd Amendment departs from this by promising special protections on the sole basis of economic status.
Key arguments by the Judges
[A] Majority Opinion
Three judges, Justices Dinesh Maheshwari, Bela Trivedi, and S B Pardiwala, have upheld the validity of the 103rd amendment.
Justice Dinesh Maheshwari: He has ruled that reservation based only on economic criteria does not violate the basic structure of the Constitution, and that the exclusion of classes covered in Article 15(4) and 16(4) — that is OBCs and SC/STs — in the 103rd amendment does not damage the basic structure.
Justice Bela Trivedi: She has concurred with Justice Maheshwari. She ruled that treating EWS as a separate class would be a reasonable classification, and that treating unequals equally would violate the principle of equality under the Constitution.
Justice Trivedi: He said that 75 years after independence, it was time to revisit the system of reservation in the larger interest of society.
Justice S B Pardiwala: He concurred with Justice Maheshwari and Justice Trivedi. He observed that “Reservation is not an end, it is means, it should not be allowed to become a vested interest.
[B] Minority (Dissenting) Opinion
Justice Bhat: He has ruled that while reservation on economic criteria is per se not violative of the Constitution, excluding SC/ST/OBC from the purview of EWS is violative of basic structure. He has struck down Articles 15(6) and 16(6) for being discriminatory and violative of the equality code.
CJI Lalit: He said he concurs entirely with the judgment of Justice Bhat.
What about the 50% ceiling on quotas?
The judgment appears to have struck down the ceiling of 50%.
Justice Maheshwari said that reservations for EWS does not violate basic structure on account of 50% ceiling limit because ceiling limit is not inflexible.
How the judiciary deviated from its earlier judgments?
However, the dissenting opinion says that permitting breach of 50% would result in compartmentalization, and the rule of right to equality will become right to reservations.
The apex court has repeatedly underlined the 50% ceiling on reservations imposed by the landmark Indra Sawhney judgment of 1992.
On that basis, attempts by a number of states have been struck down.
Several of those issues can now be reopened. Now states can rebel with their populist moves to provide reservations to some communities. Ex. Nomadic Tribes case in Maharashtra.
What is the EWS Quota?
The EWS criteria for employment and admission was notified on January 31, 2019 by the Department of Personnel and Training (DoPT) based on the 103rd Amendment.
Under the 2019 notification, a person who was not covered under the scheme of reservation for SCs, STs, and OBCs, and whose family had a gross annual income below Rs 8 lakh, was to be identified as EWS.
The notification specified what constituted “income”, and excluded some persons from the EWS category if their families possessed certain specified assets.
Broad issues with EWS quota
Reduction within general category: The EWS quota remains a controversy as its critics say it reduces the size of the open category, besides breaching the 50% limit on the total reservation.
Arbitrariness over income limit: The court has been intrigued by the income limit being fixed at ₹8 lakh per year. It is the same figure for excluding the ‘creamy layer’ from OBC reservation benefits.
Socio-economic backwardness: A crucial difference is that those in the general category, to whom the EWS quota is applicable, do not suffer from social or educational backwardness, unlike those classified as the OBC.
Metropolitan criteria: There are other questions as to whether any exercise was undertaken to derive the exceptions such as why the flat criterion does not differentiate between metropolitan and non-metropolitan areas.
OBC-like criteria: The question the court has raised is when the OBC category is socially and educationally backward and, therefore, has additional impediments to overcome.
Not based on relevant data: In line with the Supreme Court’s known position that any reservation or norms for exclusion should be based on relevant data.
Breaches reservation cap: There is a cap of 50% on reservation as ruled in the Indira Sawhney Case. The principle of balancing equality ordains reservation.
Way forward
Preserving the merit: We cannot rule out the sorry state of economic backwardness hampering merit in our country.
Rational criteria: There has to be collective wisdom to define and measure the economic weakness of certain sections of society in order to shape the concept of economic justice.
Judicial guidance: Judicial interpretation will pave the wave forward for deciding the criterion for EWS Quota.
Targetted beneficiaries. The center needs to resort to more rational criteria for deciding the targeted beneficiary of this reservation system. Caste Census data can be useful in this regard.
Income study: The per capita income or GDP or the difference in purchasing power in the rural and urban areas, should be taken into account while a single income limit was formulated for the whole country.
From UPSC perspective, the following things are important :
Prelims level: Surrogacy (Regulation) Act, 2021
Mains level: Not Much
The Centre has opposed before the Delhi HC a petition challenging certain provisions of the surrogacy laws, including the Assisted Reproductive Technology (Regulation) Act, 2021, and the Surrogacy (Regulation) Act, 2021.
What is the case?
The provisions challenged includes the exclusion of a single man and a married woman having a child from the benefit of surrogacy as a reproductive choice.
It challenged the ban on commercial surrogacy.
In their plea, the petitioners have stated that commercial surrogacy is the only option available to them.
Invoking Article 21
The personal decision of a single person about the birth of a baby through surrogacy, that is, the right of reproductive autonomy is a facet of the right to privacy guaranteed under Article 21 of the Constitution.
Thus, the right affecting a decision to bear or beget a child through surrogacy cannot be taken away, the petition said.
What rules say?
Under the Surrogacy (Regulation) Act, 2021, a married couple can opt for surrogacy only on medical grounds.
The law defines a couple as a married Indian “man and woman” and also prescribes an age-criteria with the woman being in the age of 23 years to 50 years and the man between 26 years to 55 years.
The couple should not have a child of their own.
Though the law allows single women to resort to surrogacy, she has to be a widow or a divorcee between the age of 35 and 45 years.
The law does not allow single men to go for surrogacy.
Distinct features of the Surrogacy (Regulation) Act, 2021
Definition of surrogacy: It defines surrogacy as a practice where a woman gives birth to a child for an intending couple with the intention to hand over the child after the birth to the intending couple.
Regulation of surrogacy: It prohibits commercial surrogacy, but allows altruistic surrogacy which involves no monetary compensation to the surrogate mother other than the medical expenses and insurance.
Purposes for which surrogacy is permitted: Surrogacy is permitted when it is: (i) for intending couples who suffer from proven infertility; (ii) altruistic; (iii) not for commercial purposes; (iv) not for producing children for sale, prostitution or other forms of exploitation; and (v) for any condition or disease specified through regulations.
Eligibility criteria: The intending couple should have a ‘certificate of essentiality’ and a ‘certificate of eligibility’ issued by the appropriate authority ex. District Medical Board.
Eligibility criteria for surrogate mother:
To obtain a certificate of eligibility from the appropriate authority, the surrogate mother has to be:
A close relative of the intending couple;
A married woman having a child of her own;
25 to 35 years old;
A surrogate only once in her lifetime; and
Possess a certificate of medical and psychological fitness for surrogacy.
Further, the surrogate mother cannot provide her own gametes for surrogacy.
From UPSC perspective, the following things are important :
Prelims level: NRC, NPR
Mains level: NRC issue
The Home Ministry in its latest annual report has underlined the need to update the National Population Register (NPR) database across the country, except Assam.
What did the MHA say?
The report said the NPR is prepared under various provisions of the Citizenship Rules, 2003, framed under the Citizenship Act, 1955.
In 2015, a few fields such as name, gender, date and place of birth, place of residence and father’s and mother’s name were updated and Aadhaar, mobile and ration card numbers were collected.
To incorporate the changes due to birth, death and migration, the MHA pressed the need to update it again.
What is National Population Register (NPR)?
The NPR is a Register of usual residents of the country.
It is being prepared at the local (Village/sub-Town), sub-District, District, State and National level.
This is carried under provisions of the Citizenship Act 1955 and the CitizenshipRules, 2003 (Registration of Citizens and issue of National Identity Cards).
It is mandatory for every usual resident of India to register in the NPR.
A usual resident is defined for the purposes of NPR as a person who has resided in a local area for the past 6 months or more or a person who intends to reside in that area for the next 6 months or more.
Why NPR is under fire?
Though NPR was first compiled in 2010 and updated in 2015, the new questions were part of a trial exercise involving 30 lakh respondents in September 2019.
The exercise has perceived the first step toward the compilation of the National Register of Indian Citizens (NRIC) according to Citizenship Rules, 2003.
How are NRIC and NPR related?
Out of the NPR, a set of all usual residents of India, the government proposes to create a database of “citizens of India”.
Thus, the “National Register of Indian Citizens” (NRIC) is a sub-set of the NPR.
The NRIC will be prepared at the local, sub-district, district and State levels after verifying the citizenship status of the residents.
The rules say the particulars of every family and individual found in the Population Register shall be verified and scrutinized by the Local Registrar.
How NPR is different from Census?
The census involves a detailed questionnaire — there were 29 items to be filled up in the 2011 census.
They are aimed at eliciting the particulars of every person, including age, sex, marital status, children, occupation, birthplace, mother tongue, religion, disability and whether they belonged to any SC or ST.
On the other hand, the NPR collects basic demographic data and biometric particulars.
While the census is legally backed by the Census Act, 1948, the NPR is a mechanism outlined in a set of rules framed under the Citizenship Act, 1955.
From UPSC perspective, the following things are important :
Prelims level: Snow Leopard
Mains level: Not Much
The first-ever recording of the snow leopard from the Baltal-Zojila region has renewed the hope for the elusive predator in the higher altitudes of Jammu and Kashmir and Ladakh.
Why in news?
Not much is known about the number of snow leopards in J&K and Ladakh.
The Snow Leopard Population Assessment of India (SPAI) has been concluded so far in Himachal Pradesh and Uttarakhand.
The estimated population of the great cat is 50 and 100 in these two States respectively.
Snow Leopard
Snow leopards live in the mountainous regions of Central and Southern Asia.
In India, their geographical range encompasses a large part of the western Himalayas, including the UTs of J&K and Ladakh, Himachal Pradesh, Uttarakhand and Sikkim and Arunachal Pradesh in the eastern Himalayas.
Project Snow Leopard was launched in 2009 for strengthening wildlife conservation in the Himalayan high altitudes.
It aims at promoting a knowledge-based and adaptive conservation framework that fully involves the local communities, who share the snow leopard’s range, in conservation efforts.
Conservation status
In the IUCN- Red List, the snow leopard is listed as Vulnerable.
In addition, the snow leopard, like all big cats, is also listed in Appendix I of the Convention on International Trade of Endangered Species (CITES).
In India, the snow leopard is listed under Schedule I of the Wildlife (Protection) Act, 1972, giving it the highest protection status under the country’s laws.
Conservation Efforts by India
The Government of India has identified the snow leopard as a flagship species for the high altitude Himalayas.
India is also party to the Global Snow Leopard and Ecosystem Protection (GSLEP) Programme since 2013.
HimalSanrakshak: It is a community volunteer programme, to protect snow leopards, launched in October 2020.
In 2019, First National Protocol was also launched on Snow Leopard Population Assessment which has been very useful for monitoring populations.
SECURE Himalaya: Global Environment Facility (GEF)-United Nations Development Programme (UNDP) funded the project on conservation of high altitude biodiversity and reducing the dependency of local communities on the natural ecosystem.
Project Snow Leopard (PSL): It was launched in 2009 to promote an inclusive and participatory approach to conserve snow leopards and their habitat.
Snow Leopard is on the list of 21 critically endangered species for the recovery programme of the Ministry of Environment Forest & Climate Change.
Snow Leopard conservation breeding programme is undertaken at Padmaja Naidu Himalayan Zoological Park, Darjeeling, West Bengal.
Global Snow Leopard and Ecosystem Protection (GSLEP) Programme
The GSLEP is a high-level inter-governmental alliance of all the 12 snow leopard range countries.
The snow leopard countries namely, India, Nepal, Bhutan, China, Mongolia, Russia, Pakistan, Afghanistan, Kyrgyzstan, Kazakhstan, Tajikistan, and Uzbekistan.
It majorly focuses on the need for awareness and understanding of the value of Snow Leopard for the ecosystem.
Living Himalaya Network Initiative
Living Himalayas Initiative (LHI) is established as one of WWF’s global initiatives to bring about transformational conservation impact across the three Eastern Himalayan countries of Bhutan, India (North-East) and Nepal.
Objectives of LHI include adapting to climate change, connecting to habitat and saving iconic species.
From UPSC perspective, the following things are important :
Prelims level: UPI,MDR, etc
Mains level: Digital payment ecosystem, pricing mechanism and associated issues
Context
The recent discussion paper by the RBI on charges in payment systems has triggered widespread public debate, especially on the zero-charge framework for UPI transactions.
Know the basics- What is UPI?
UPI is an instant real-time payment system developed by National Payments Corporation of India (NPCI) facilitating inter-bank transactions.
The interface is regulated by the Reserve Bank of India and works by instantly transferring funds between two bank accounts on a mobile platform.
Goals of financial inclusion: Viewing digital payments as a public good and
Addressing market failures: Such as the presence of dominant firms or externalities that may arise due to the two-sided nature of this market.
For both objectives, regulators might want to cap or set to zero the MDR or merchant discount rate (paid by merchants to their payments service provider) or the interchange fee (paid by the acquiring bank to the issuing bank), or both.
What is the present scenario of Pricing UPI?
Subsidies on operational cost: In the case of UPI, the government subsidizes the operational costs of facilitating UPI transactions, which is reportedly inadequate. In January 2022, the Payments Council of India reported that the industry expected a loss of Rs 5,500 crore.
Subsidies are inadequate: Even with a public good motive, in the absence of evidence, one cannot assume this to be the best allocation of limited government resources. As per the Indian Digital Payments Report (second quarter of 2022), the average ticket size of P2M transactions (person to merchant) on UPI is Rs 820. RBI’s estimated cost of Rs 2 for processing a Rs 800 transaction, is 0.25 per cent of the transaction value, much lower than the MDR cap set at 0.9 per cent for debit cards and an MDR of 2 per cent being pro- posed for RuPay credit cards on UPI.
Presently MDR is Zero: A floor MDR of 0.25 per cent is, therefore, not unreasonable. Arguably, these are substitutable services competing for the same pool of merchants. Policymakers must also bear in mind behavioural challenges in moving from zero MDR to a positive MDR. Anchored at a zero MDR since January 2020, merchants, especially ones with thin margins, may hesitate to accept an increase in MDR, even if they benefit on net terms.
How RBI can regulate price?
Understanding what to regulate: In order to understand how and what to regulate, we borrow from the rationale followed for other two-sided markets that exhibit cross-platform externalities. consumers benefit more if the size of the merchant network accepting a payment instrument (for example, debit cards) is larger and, at the same time, merchants benefit more if many consumers use debit cards.
Recovering the cost from merchants: Card networks like Visa and Mastercard compete for banks, usually not too many, to issue their cards. Since the acquiring bank must pay the interchange fee, they recover these costs from merchants.
Regulating the interchange fee: In most jurisdictions, the interchange fee is regulated to prevent banks from charging exploitative rates and the MDR is left to be commercially determined. This is also done for administrative ease, since banks are fewer, while monitoring bank-merchant contracts can be onerous.
Charging the MDR: In the UPI parallel, involving payment service providers of payers and payees, the remitter and beneficiary banks as well as NPCI, RBI could either regulate the inter change fee between payment service providers or the merchant discount rate charged by them.
Deciding between MDR and interchange fee: The market for merchant acquisition is usually more competitive and can be left unregulated, and if necessary, the interchange fee between the two payment service providers can be regulated. If both markets are sufficiently competitive, regulation could mean establishing a floor/ cap charge. The decision what to regulate is, therefore, crucial.
Example of telecom industry: A related example is available in the telecom industry where facilities provision is regulated through the interconnection fee, while retail prices for the relatively competitive telecom services segment are left to the market. For externalities of the two-sided market to be internalized, the choice of instrument must be carefully evaluated.
Determining the actual price: The next step is to determine the price level, which is a lot trickier. Drawing from economic theory, the optimal level would depend on whether the regulator cares only about consumer welfare (as op- posed to total welfare), and whether the issuing and acquiring banks make positive margins on each transaction.
How digital payment is charged around the world and India’s requirement?
Example of PIX of Brazil: Pix, a two-year-old interoperable digital payments system in Brazil, provides a good comparison of how price setting might be considered in the UPI context. Pix does not regulate MDR, payment service providers have the freedom to set MDR, though in practice most banks currently don’t charge an MDR, largely to onboard more merchants on their platforms.
MDR appears less attractive: The indicated cost is R$ 0.01 for each 10 transfers, or 16 paise in Indian rupees for every s10 transactions. This is substantially lower than the costs estimated for India and is also perhaps the reason why payment service providers are not immediately inclined to recover costs through MDR.
Not hampering the innovation and investment: In general, benefits of regulatory intervention should outweigh the costs of intervening. The costs of intervening not only include the administrative costs, but also potential costs arising from setting the wrong interchange fee or cap, as well as any costs arising from the impact of the intervention on future investment and innovation in the market.
Do you know what is Merchant Discount Rate?
Merchant Discount Rate (alternatively referred to as the Transaction Discount Rate or TDR) is the sum total of all the charges and taxes that a digital payment entails.
Simply put, it is a charge to a merchant by a bank for accepting payment from their customers in credit and debit cards every time a card gets swiped in their stores.
Similarly, MDR also includes the processing charges that a payments aggregator has to pay to online or mobile wallets or indeed to banks for their service.
Conclusion
Policymakers must collect more data on costs of transfer, user preferences, both merchants and consumers, as well as undertake a thorough analysis of substitutability and competition in the digital payments sector, to put our best foot forward in helping achieve the potential of UPI in India.
Mains Question
Q. Explain the reasons for success of UPI in India? Analyze the Role of UPI in financial inclusion in India?
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Debate on legal and illegal Madrasa and modern education
Context
There has been a lot of unhappiness about the UP-government’s decision to conduct a survey of unrecognized madrasas in Uttar Pradesh.
What is the intention of Government behind such survey?
The government’s claim: The survey being an exercise to help the madrasas and their students has been less than convincing.
Questionable intention: In the past, the government has called into question the patriotism of madrasa students by asking their management to hoist the national flag on Independence Day, record the proceedings, and submit the same to the local magistrate.
Know the History of Madrasa
After the birth of Islam in the seventh century, Muslims who wanted a religious education joined study circles in mosques where teachers provided instruction.
Over the next 400 years, additional centers of learning, founded and endowed by rulers, high officials and wealthy members of the community, met in public and private libraries. These were early forms of madrasa.
By the 11th century madrasas were well-established independent centers of learning with some of the features they retain today.
As economies modernized, Muslims who continued to choose madrasas over other schools found that they lacked the training needed for well-paid jobs. Their socioeconomic mobility suffered. Nonetheless, many madrasas refused to integrate nonreligious subjects into their curriculum.
What is the status of unrecognized madrasas?
Lack of direction: Most are floundering for lack of direction. Many impart elementary theological instruction through semieducated teachers.
Dependence on community funding: If at all there, secular education is, at best, piecemeal. Madrasas depend almost fully on community funding.
Funding cut with covid19: With the economic downturn first post demonetization and then postCOVID19, that funding has reduced to a trickle. Under normal circumstances, an institute pressed for funds cuts down on expansion plans or puts new courses on hold.
Existential crisis for madrasa: It has become an existential crisis for tens of thousands of students. The dwindling community sponsorship has translated into less food to eat and no warm clothes for them. If that makes it seem as though the madrasas’ prime purpose is to feed and clothe the needy, the reality is not entirely different.
Feeding and imparting the literacy: Most students are first generation learners. Many of them are sent by parents with the idea that there will be one less mouth to feed at home. For poverty-stricken parents, the madrasas’ free boarding and lodging is a blessing. The education is often considered a bonus. The Much-maligned madrasas feed the hungry and impart literacy.
What the case studies reveal about education via unrecognizes madrasas?
Example of CBSE along with Quran: Jamiatul Hamd in Gautam Buddha Nagar district is a rare madrasa which encouraged its students to take the Central Board of Secondary Education exams alongside learning to be Hafize Quran (one who has memorized the Quran).
Shortage of funds: The madrasa is so short of funds that the management does not know where the next meal for the students will come from. In the past, Good Samaritans sent packs of rice, lentils, wheat flour and cooking oil.
Decline in sponsorship: Sponsorship has come down drastically, leaving the students with the prospect of going to bed hungry. Also, 40% of the students in this madrasa who went back home during the COVID19 pandemic did not return.
Jamia Mahade Noor madrasa in Dadri: Where 30% of the students dropped out after COVID19. Day scholars face an uncertain future. Some teachers could not be retained due to paucity of funds.
Closing down of madrasa: The cash-strapped Jamia Naseeriya Islamia in Ghaziabad closed down its wing for outstation students. In mosques across Uttar Pradesh, community aid is sought for unrecognized madrasas after daily prayers.
Fear about survey: In almost every madrasa, there are lingering apprehensions about their fate after the survey. Many packed off their outstation students in panic when the survey started. The students may never return.
Some student never returned: Incidentally, these schools had also sent back their outstation students after the nationwide lockdown was imposed in March 2020. Many students did not return as their parents got them employed as either farm labourers or at sundry tea shops or eateries. A student who may have at one time dreamed of becoming a scholar of Islam is now a menial worker.
Upholding the Constitutional right: According to constitution the Right of a citizen not to be denied admission into state maintained and state-aided institution on the ground only of religion, race, caste, or language [Art.29(2)2]-” No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them”
Survey for collecting the data: Aim of survey should not be harassment but the know the status of madrasa and they’re by collecting the data to draft policy for educational and social upliftment of students of madrasa.
Recognition of madrasa: Following the due procedure of law government can seek Registration and recognition of madrasa.
Financial assistance to madrasa: State government can provide the one-time financial assistance for and after the feedback and review state may continue the funding.
Education should be the priority: Government objective should be the modern education of those who are getting poor quality of education. Any constitutional or legal hindrances should not be the excuse to provide the help to needy.
Conclusion
While government is duty bound to provide aid to registered and recognized madrasa but not mandatory to provide financial aid to unrecognized madrasa. Government can revamp the unrecognized madrasa into modern education imparting institutions. Whatever government decides, state must provide the quality education without any biases.
Mains Question
Q. What are the cultural and educational rights enshrined under constitution? Explain government can provide the educational assistance to unrecognized religious institutions in India?
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Military coup, Troubled neighborhood and issues of refugees crisis
Context
Twenty-one months after a military coup, which derailed a decade old experiment with limited democracy, Myanmar is struggling to cope with the consequences. People are suffering, authorities and opposition forces are locked in a cycle of violent clashes, the economy is deteriorating, and ASEAN’s mission to produce a solution has failed.
Background of Present situation in Myanmar
Violation of constitution by Military: When the Tatmadaw (military), unhappy with the victory of the Aung San Suu Kyi led National League for Democracy in the November 2020 elections, chose to violate the constitution, it acted in the belief that the people would accept its diktat, as they had done in previous decades.
Civilian opposition continues: Clearly, military junta underestimated public anger and their commitment to freedom and democracy. Even after killing over 2,300 people and imprisoning thousands, including Ms. Suu Kyi, the military still faces a rebellion. Its plan to hold an election next year stands jeopardized.
Imprisonment of Suu Kyi: Suu Kyi, 77, the most popular leader, has been sentenced to 26 years of imprisonment in multiple cases on apparently trumped-up charges. Besides, 1.1 million Rohingya, driven by military oppression to seek shelter in Bangladesh in 2017, continue to languish there. Dhaka’s efforts to arrange their safe return have failed.
Migration crisis in India and Bangladesh: Armed clashes between the military and their ethnic opponents in the border region are having a spill-over effect in Bangladesh. Dhaka continues to show restraint and a preference for diplomacy to manage the situation.
How is the response of civilian opposition against military?
National unity Government: The parallel National Unity Government (NUG) may not be recognized by any state, but it continues to receive political and financial support from abroad. It has effectively channelled popular indignation against military rule, while still being vulnerable due to the paucity of resources and the absence of a visible leader.
Support of ethnic groups to NUG: About 20 ethnic armed organizations (EAOs), located in the east, north and west of Myanmar’s periphery, have divergent approaches towards the postcoup conflict. Many view it as an intra Bamar contestation, an issue of limited concern to them. Some like the Karens and Kachin’s support the NUG, while others, especially those controlled or supported by China, remain aloof.
Strong military but disunity among groups: Those operating in the Chin and Rakhine states are engaged in a fierce armed conflict with the military and have enfeebled it. But overall, due to their divergences and relative weaknesses, the EAOs are unlikely to defeat the military.
No nationwide opposition: While the opposition has performed well, it is unable to turn the tide in its favour, without a nationwide front against the Tatmadaw. National reconciliation between the military and civilian forces, and ethnic reconciliation between the majority Bamars and ethnic minorities, have been put on hold.
UN and International criticism
Criticism of coup: The UN has been forthright in criticizing the coup. It has expressed concern over continuing violence, support for a ‘democratic transition’, a release of all political prisoners and dialogue among the parties concerned.
Division among international community: However, the UN Secretary General’s special envoy has had little success in promoting peace. The UN’s failure lies in the sharp divisions within the international community on how to deal with this vexed issue.
Sanction on military: The western powers have been severely critical of the military. They have put in place several restrictive measures and imposed more sanctions. They have extended support to the NUG.
Russian support to military: On the other hand, Russia has given considerable backing to the military regime, seeing in its own isolation an opportunity to strengthen bilateral cooperation in defence and energy supplies.
China’s exploiting the opportunity: China is keeping a door open to democratic forces even while doing business with the regime and exploiting every opportunity to ensure progress on the China-Myanmar Economic Corridor.
ASEAN’s divided response: ASEAN is divided in three ways: Indonesia, Malaysia, and Singapore are prodemocracy; Thailand and Laos are promilitary; and Vietnam and the Philippines are ambivalent. This disunity and the Tatmadaw’s refusal to cooperate with ASEAN have led to the non-implementation of the Five Point Consensus. The upcoming ASEAN summit may provide clues on whether the grouping can forge a united stand and devise something that works better.
Refugee crisis in India: India is concerned as the postcoup conditions have adversely impacted its interests and hampered bilateral cooperation. Mega projects stand delayed. Some 50,000 refugees, as per unofficial estimates, have been camping in Mizoram.
Advocating the democracy: Meanwhile, there is an erroneous perception that India has abandoned the Myanmar people. The reality is that India proactively advocates an early restoration of democracy, the release of prisoners, and internal dialogue.
Myanmar under the shadow of India-China relations: Can India do more? It can explore the possibility of a combined mediatory role with ASEAN and likeminded neighbors. Will China have a role in such a group? India-China relations preclude that possibility.
Brokering the political settlement: Through greater unity, external players can help Myanmar in creating a suitable environment for dialogue on a political settlement. Distant countries such as Norway and Japan can play a helpful role as catalysts. But the principal responsibility to construct a solution must rest with the Myanmar elite and leadership of both camps. Through resilience and pragmatism, they crafted a way out in 2011-21. They must recreate that spirit.
Conclusion
India has been walking on tight rope on balancing national interest and restoration of democracy in Myanmar. Sooner the civil war in Myanmar ends better for India and especially for Mizoram. ‘The Golden Land’, where Lord Buddha is revered, needs to be reinspired by his teachings. Else, a prolonged, contested military rule or a failed state seems a distinct possibility.
Mains Question
Q. How situation in Myanmar is affecting the national interest of India? What is the India’s response to the military coup in Myanmar?
| Governance | Mains Paper 2: Laws, Institutions & Bodies Constituted For The Vulnerable Sections
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Definition of child
Mains level: Persistence of child marriage in India
The steering committee of a UNFPA-UNICEF Global Programme to End Child Marriage is on a visit to India to witness state interventions that have helped reduce the prevalence of child marriage.
Why such visit?
The UNFPA-UNICEF estimates that 10 million children could become child brides as a result of the pandemic globally.
What is Child Marriage?
Child marriage refers to any formal marriage or informal union between a child under the age of 18 and an adult and another child.
The Prohibition of Child Marriage (Amendment) Bill, 2021, fixes 21 years as the marriageable age for women.
Reasons behind its prevalence
Role of poverty: A large proportion of child marriages take place primarily because of poverty and the burden of the huge costs of dowry associated with delayed marriages.
Norms: It is because of social norms in many regions and cultures that parents begin preparations for a girl’s marriage once she has reached puberty.
Crisis: Conflict increases the inequalities that make girls vulnerable to child marriage – and its consequences. Families may arrange marriages for girls, believing marriage will protect their daughters from violence.
Issues with Child Marriage
(1) Social implications
Impacts girl child more: Globally, the prevalence of child marriage among boys is just one sixth that among girls.
Leads to deprivation: Child marriage robs girls of their childhood and threatens their lives and health.
Exclusion: The practice can also isolate girls from family and friends and exclude them from participating in their communities, taking a heavy toll on their physical and psychological well-being.
Academic loss: Girls who marry before 18 are more likely to experience domestic violence and less likely to remain in school.
(2)Health issues
Life threats: Child brides often become pregnant during adolescence, when the risk of mortality during for themselves and their infants.
Forced pregnancy: Girls are forced into adulthood before they is physically and mentally ready. This is the main cause of global prevalence of malnutrition.
(3) Economic impacts
Child marriage negatively affects the Indian economy and can lead to an intergenerational cycle of poverty.
It suddenly pulls out the children involved out of workforce before they grow as adult.
Girls and boys married as children more likely lack the skills, knowledge and job prospects needed to lift their families out of poverty and contribute to their country’s social and economic growth.
What is the situation in the world?
According to data from UNICEF, the total number of girls married in childhood stands at 12 million per year.
It strives to end the practice by 2030 — the target set out in the Sustainable Development Goals.
Where does India stand?
GOOD: Declining trend
There is a growing trend for a decline in the overall prevalence of child marriage.
In India, child marriage reduced from 47.4% in 2005-06 to 26.8% in 2015-16, registering a decline of 21% points during the decade.
In the last five years, it declined by 3.5% points to reach 23.3% in 2020-21, according to the latest National Family Health Survey-5 data.
BAD: State-wise disparity is very higher
However, 3% is still a disturbingly high percentage in a country with a population of 141.2 crore.
Some states have a higher prevalence than the national average — West Bengal, Bihar and Tripura top the list with more than 40% of women aged 20-24 years married below 18 (NFHS).
In Kerala, women who got married before the age of 18 stood at 6.3% in 2019-20, from 7.6% in 2015-16.
Laws and policy interventions in India
There are crucial laws that aim at protecting children from violation of human and other rights including the-
Prohibition of Child Marriage Act, 2006 and
Protection of Children from Sexual Offences Act, 2012
Raising the age of marriage: A parliamentary standing committee is weighing the pros and cons of raising the age of marriage for women to 21, which has been cleared by the Union Cabinet.
Beti Bachao Beti Padhao Scheme: It aims to address the issue of the declining child sex ratio image (CSR).
Kanyashree scheme: West Bengal’s scheme offers financial aid to girls wanting to pursue higher studies, though women’s activists have pointed. Bihar and other States have been implementing a cycle scheme to ensure girls reach safely to school, and UP has a scheme to encourage girls to go back to school.
Way forward
Ensure education: Much of the benefits can be reaped by ensuring that women complete education at least up to 12 years.
Upskilling: Bangladesh shows that improving women’s education and imparting modern skills to them that increase their employability reduces child marriage and improves health and nutrition.
Educational attainment criteria in schemes: Schemes which ease the financial burden of marriage but the eligibility criteria of which should essentially link to educational attainment in addition to age demand attention.
Conclusion
A legalistic approach to increasing the age at marriage will produce positive results only if it leads to an improvement in women’s education and skill acquisition for employability.
In the absence of an enhancement in women’s schooling or skills, a legalistic approach to ending child marriage might become counterproductive.
From UPSC perspective, the following things are important :
Prelims level: COP 27
Mains level: Climate change related negotiations
The port city of Sharm El-Sheikh, Egypt is hosting the 27th edition of the UN-Conference of Parties (UN-COP).
Quick recap
Last year, PM Modi, at the 26th edition of the COP in Glasgow, Scotland, committed to India becoming net-zero, or in effect carbon neutral, by 2070 along with Panchamrita
Environment Minister will be leading the Indian delegation to COP-27 in Egypt.
India is determined to press developed countries into making good their unfulfilled commitment to deliver $100 billion a year of climate finance by 2020 and every year thereafter till 2025.
Conference of Parties (CoP): A Backgrounder
The CoP comes under the United Nations Climate Change Framework Convention (UNFCCC) which was formed in 1994.
The UNFCCC was established to work towards “stabilisation of greenhouse gas concentrations in the atmosphere.”
It laid out a list of responsibilities for the member states which included:
Formulating measures to mitigate climate change
Cooperating in preparing for adaptation to the impact of climate change
Promoting education, training and public awareness related to climate change
The UNFCCC has 198 parties including India, China and the USA. COP members have been meeting every year since 1995.
COP1 to COP25: Key takeaways
COP1: The first conference was held in 1995 in Berlin.
COP3: It was held in Kyoto, Japan, in 1997, the famous Kyoto Protocol (wef 2005) was adopted. It commits the member states to pursue limitation or reduction of greenhouse gas emissions.
COP8: India hosted the eighth COP in 2002 in New Delhi. It laid out several measures including, ‘strengthening of technology transfer… in all relevant sectors, including energy, transport and R&D, and the strengthening of institutions for sustainable development.
COP21: it is one of the most important that took place in 2015, in Paris, France. Here countries agreed to work together to ‘limit global warming to well below 2, preferably at 1.5 degrees Celsius, compared to pre-industrial levels.’
Significance of COP
The event will see leaders from more than 190 countries, thousands of negotiators, researchers and citizens coming together to strengthen a global response to the threat of climate change.
It is a pivotal movement for the world to come together and accelerate the climate action plan after several discussion.
Key agenda of the COP27
Ans. Loss and Damage Funding
The term ‘Loss and Damage’ refers to the economic and non-economic impacts of climate change, including extreme events in countries that are particularly vulnerable to the adverse effects of climate change.
Rich countries, historically responsible for the climate crisis, have bullied poorer nations to protect polluters from paying up for climate damages.
The term was brought up as a demand in 1991 by the island country of Vanuatu, which was representing the Alliance of Small Island States (AOSIS).
Try this PYQ:
Q.With reference to the Agreement at the UNFCCC Meeting in Paris in 2015, which of the following statements is/are correct?
The Agreement was signed by all the member countries of the UN and it will go into effect in 2017.
The Agreement aims to limit the greenhouse gas emissions so that the rise in average global temperature by the end of this century does not exceed 2 degree Centigrade or even 5 degree Centigrade above pre-industrial levels.
Developed countries acknowledged their historical responsibility in global warming and committed to donate dollar 1000 billion a year from 2020 to help developing countries to cope with climate change.
Select the correct answer using the code given below:
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Sealed Cover Jurisprudence
The Supreme Court has suggested a way out of routinely filing documents in sealed covers, especially in cases touching on national security.
What did the apex Court say?
The court said the government could redact the sensitive portions and show the rest to the petitioners.
This would address both the state’s concerns about “national security” and the “right to know” of petitioners.
What is Sealed Cover Jurisprudence?
It is a practice used by the Supreme Court and sometimes lower courts, of asking for or accepting information from government agencies in sealed envelopes that can only be accessed by judges.
A specific law does not define the doctrine of sealed cover.
The Supreme Court derives its power to use it from Rule 7 of order XIII of the Supreme Court Rules and Section 123 of the Indian Evidence Act of 1872.
Nature of the power: Upholding Secrecy
If the Chief Justice or court directs certain information to be kept under sealed cover or considers it of confidential nature, no party would be allowed access to the contents of such information.
There is an exception to this if the Chief Justice himself orders that the opposite party be allowed to access it.
It also mentions that information can be kept confidential if its publication is not considered to be in the interest of the public.
As for the Evidence Act, official unpublished documents relating to state affairs are protected and a public officer cannot be compelled to disclose such documents.
Grounds of such secrecy
Other instances where information may be sought in secrecy or confidence is when its publication:
Impedes an ongoing investigation of cases related to national security
Details that are part of the police’s case diary or
Breaches the privacy of an individual
Prominent cases of sealed jurisprudence
Sealed cover jurisprudence has been frequently employed by courts in the recent past.
(1) Rafale Deal
In the case pertaining to the controversial Rafale fighter jet deal, a Bench headed by CJI Ranjan Gogoi in 2018, had asked the Centre to submit details related to deal’s decision making and pricing in a sealed cover.
This was done as the Centre had contended that such details were subject to the Official Secrets Act and Secrecy clauses in the deal.
(2) Bhima Koregaon Case
In the Bhima Koregaon case, in which activists were arrested under the Unlawful Activities Prevention Act.
The Supreme Court had relied on information submitted by the Maharashtra police in a sealed cover.
Issues with such jurisprudence
This practice appears to be unfavorable to the principles of transparency and accountability of the Indian justice system.
It stands in contrast to the idea of an open court, where decisions can be subjected to public scrutiny.
It is also said to enlarge the scope for arbitrariness in court decisions, as judges are supposed to lay down the reasoning for their decisions.
Besides, it is argued that not providing access to such documents to the accused parties obstructs their passage to a fair trial and adjudication.
From UPSC perspective, the following things are important :
Prelims level: Grain Initiaitve, Black Sea
Mains level: Implications of Russia-Ukraine War
The UN Secretary-General Antonio Guterres has called for the renewal of the Black Sea Grain Initiative as Russia has agreed to resume its participation.
Black Sea Grain Initiative
The Initiative eased Russia’s naval blockade and saw the reopening of three key Ukrainian ports.
The agreement to create the sea corridor was negotiated by representatives from Ukraine, Russia, the UN and Turkey in July this year.
The agreement created procedures to safely export grain from certain ports to attempt to address the 2022 food crisis.
It provides a safe maritime humanitarian corridor for Ukrainian exports (particularly for food grains) from three of its key ports, namely, Chornomorsk, Odesa and Yuzhny/Pivdennyi in the Black Sea.
Outcomes of this deal
Approximately 9.8 million tonnes of grains have been shipped so far since the deal was brokered.
People hoarding the grain in the hope of selling it for a sizable profit owing to the supply crunch were now obligated to sell.
The initiative has also been credited for having made a huge difference to the global cost of living crisis.
What would suspension of the deal mean?
In a nutshell, the deal’s suspension was expected to re-introduce the price pressures on grain prices, especially that of wheat, with inventory being at historical lows.
It could particularly impact countries in the Middle East and Africa such as Egypt, Turkey, Lebanon, Sudan and Yemen which have benefitted from the resumption and are particularly dependent on Russian and Ukrainian exports
About Black Sea
The famed water body is bound by Ukraine to the north and northwest, Russia and Georgia to the east, Turkey to the south, and Bulgaria and Romania to the west.
It links to the Sea of Marmara through the Bosphorus and then to the Aegean through the Dardanelles.
Significance of Black Sea for Russia
Domination of the Black Sea region is a geostrategic imperative for Moscow.
Black Sea has traditionally been Russia’s warm water gateway to Europe.
For Russia, the Black Sea is both a stepping stone to the Mediterranean.
It acts as a strategic buffer between NATO and itself.
It showcases the Russian power in the Mediterranean and to secure the economic gateway to key markets in southern Europe.
Russia has been making efforts to gain complete control over the Black Sea since the Crimean crisis of 2014.
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Child marriage issue and associated problems
Content
The steering committee of a global programme to end child marriage is on a visit to India to witness state interventions which have helped reduce the prevalence of child marriage.
What are the findings of the committee?
Increase in Child marriage as a pandemic effect: The visit by the UNFPA-UNICEF Global Programme to End Child Marriage team is in view of an estimated increase in number of child brides due to the pandemic. The UNFPA-UNICEF estimates that 10 million children could become child brides as a result of the pandemic globally.
Child marriages reduced in India according to NFHS-5: In India, child marriage reduced from 47.4% in 2005-06 to 26.8% in 2015-16, registering a decline of 21% points during the decade. In the last five years, it declined by 3.5% points to reach 23.3% in 2020-21, according to the latest National Family Health Survey-5 data.
What is the situation in the world?
As per the UNICEF data: The total number of girls married in childhood stands at 12 million per year, and progress must be significantly accelerated in order to end the practice by 2030 the target set out in the Sustainable Development Goals. Without further acceleration, more than 150 million additional girls will marry before they turn 18 by 2030.
Progress is Uneven and not enough: While it is encouraging that in the past decade great progress has been made in South Asia, where a girl’s risk of marrying before she is 18 has dropped by more than a third, from nearly 50% to below 30%, it is not enough, and progress has been uneven.
Dire consequences of child marriage: Rights activists and health experts say the consequences of child marriage are dire, not only because it violates children’s rights, but also because it results in more infant and maternal deaths. Children born to adolescent mothers have a greater possibility of seeing stunted growth as they have low weight at birth. According to NFHS-5, prevalence of child stunting is 35.5% in 2019-21.
Declining trend in overall child marriage: There is a growing trend for decline in the overall prevalence of child marriage, but 23.3% is still a disturbingly high percentage in a country with a population of 141.2 crore. Eight States have a higher prevalence of child marriage than the national average.
High prevalence in some bigger States: West Bengal and Bihar have the highest prevalence of girl child marriage. States with a large population of tribal poor have a higher prevalence of child marriage. West Bengal, Bihar and Tripura top the list with more than 40% of women aged 20-24 years married below 18, according to NFHS data.
Scenario in Jharkhand and Assam: In Jharkhand, 32.2% of women in the age bracket 20-24 got married before 18, according to NFHS-5; infant mortality stood at 37.9%, and 65.8% of women in the 15-19 age bracket are anaemic. Assam too has a high prevalence of child marriage (31.8% in 2019-20 from 30.8% in 2015-16).
Child marriages reduced in some states: Some States have shown a reduction in child marriages, like Madhya Pradesh (23.1% in 2020-21 from 32.4% in 2015-16), Rajasthan (25.4% from 35.4%) and Haryana.
Several States are pegged just below the national average: In Odisha, 20.5% of women were married off before 18 in 2020-21 from 21.3% in 2015-16.
States on better social indices as a result of high literacy: States with high literacy levels and better health and social indices have fared much better on this score. In Kerala, women who got married before the age of 18 stood at 6.3% in 2019-20, from 7.6% in 2015-16. Tamil Nadu too has shown improved figures with 12.8% of women in the age group 20-24 years getting married before 18 compared to 16.3% in 2015-16.
What are the laws and policy interventions?
Prohibition of Child Marriage Act, 2006 and the Protection of Children from Sexual Offences Act, 2012: These laws aim at protecting children from violation of human and other rights.
A positive debate on raising the age of Marriage: A parliamentary standing committee is weighing the pros and cons of raising the age of marriage for women to 21, which has been cleared by the Union Cabinet. With various personal laws governing marriages in India, the government wants to amend the law, a reform that activists and agencies have said will not be enough to stop the practice of child marriage.
Various schemes: There are no of Centralised schemes like the Beti Bachao Beti Padhao, which are performing better on empowering the girl children
Various initiatives by the states: States have launched many initiatives to improve the factors linked to child marriage, from education to health care and awareness programmes. For instance, West Bengal’s Kanyashree scheme offers financial aid to girls wanting to pursue higher studies, though women’s activists have pointed out that another scheme Rupashree, which provides a one-time payment of ₹25,000 to poor families at the time of a daughter’s marriage, may be counter-productive. Bihar and other States have been implementing a cycle scheme to ensure girls reach safely to school; and U.P. has a scheme to encourage girls to go back to school.
What needs to be done?
Need a multidimensional approach: According to Sandeep Chachra, ActionAid Association India, which has been working with UNICEF and UNFPA said the solution lies in empowering girls, creating proper public infrastructure and addressing societal norms.
Awareness not only about the law but also about the dire consequences on Health: Uma Mahadevan-Dasgupta, who serves in the IAS, says several thousand child marriage prohibition officers have been notified in Karnataka and 90,000 local gram panchayat members have been oriented to spread awareness on child marriage, not only that it is illegal to get a child married off before 18, but also the dangers to the child’s health and her offspring.
Focusing on the overall girl child development: They stress on an all-pronged approach to end the practice; strong laws, strict enforcement, preparing an ideal situation on the ground to ensure that the girl child girls with either or below primary level education have experienced higher levels of child marriage as data show gets an education and preferably vocational training as well so that she can be financially independent.
Schemes need better implementation: Centralised schemes like the Beti Bachao Beti Padhao, which need better implementation on the ground. Various schemes by the states needs through analysis and better implementation at the grass root level.
Conclusion
Data shows that child marriage is a key determinant of high fertility, poor maternal and child health, and lower social status of women. There has been a rise in child marriages during the pandemic, but many have been prevented as well. A lot more needs to be done on factors closely linked to child marriage, including eradication of poverty, better education and public infrastructure facilities for children, raising social awareness on health, nutrition, regressive social norms and inequalities.
Question
Q. Child marriages comes with dire consequences on adolescent mothers and children born to them. Evaluate the status on prevalence of child marriages In India and how to address the situation?
op-ed snap | Governance | Mains Paper 3: Infrastructure: Energy, Ports, Roads, Airports, Railways Etc.,Ministries & Departments Of The Government
Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Issues with unscientific highway infrastructure
Context
In a March 2019 circular, the National Highways Authority of India (NHAI) raised the subject of premature issuance of completion certificates for national highway works. NHAI had noticed that, in certain cases, completion certificates had been issued even before the completion of works ‘up to the standards and specifications’ prescribed by the Ministry of Road Transport & Highways.
Status of National highways and deaths
35 percent of all road deaths: NHAI is the principal organization responsible for construction of National Highways in India. National highways constitute a mere 2 percent of the country’s road network, but account for close to 35 percent of all road deaths.
Record 37 kms per day: The ministry has been taking credit for the pace at which national highways are being constructed. In the fiscal year 2021, it reached a record 37 kms per day. This has come down to 19.44 km per day in the first six months of the financial year 2022.
What was the circular issued by NHAI?
Issuance of completion certificate: The circular forbade the issuance of such certificates, especially if non-completion resulted in ‘material inconveniences to users’ or affected their safety.
Likely cause of fatalities: Items such as road shoulders, road signs, markings, dressing of slopes, and road furniture were explicitly mentioned. circular was not taken with due seriousness by some authorized engineers. This negligence could have contributed to road crashes, probably resulting in fatalities.
Dereliction of duty by NHAI’s officials: The NHAI has now warned the delinquents that such behavior would be treated as a serious dereliction of duty and disciplinary action would be taken against officers issuing such certificates to incomplete road works. Additionally, the officers would be held personally liable in case of serious accidents that occur on such unfinished infrastructure.
Safety is better than pace of construction: The Minister for Road Transport & Highways stressed that it is necessary to build safer roads even if this decelerated the pace of construction.
Case study of NHAI’s road construction?
Death of Cyrus Mistry: Unfortunately, self-introspection by the NHAI in regard to safety failures and the large number of deaths on national highways was not in evidence in the aftermath of the death of Cyrus Mistry on the Ahmedabad-Mumbai national highway in September 2022.
Crash was result of poor infrastructure: In this instance, a seven-member forensic investigation team found that the car crash was the result of an infrastructure issue. The car in which Mistry was travelling happened to tragically hit a bridge that was faultily designed.
Invisible dividers: The bridge parapet was found to be protruding into the shoulder lane. Furthermore, the road with three lanes unexpectedly narrowed to a road with two lanes with a dangerous L-shaped concrete divider that had no proper paint on it.
Inadequate safety signs: Road signages were grossly inadequate, making that road stretch a ‘black spot’. This epithet is used for a road section where accidents are a frequent occurrence.
Expressways are constructed for more speed: The accident also raised issues of the excessive speed of the car that crashed. It was said that the car was travelling at a speed in excess of 100 km per hour. However, the minister himself has been in favour of higher speeds on Indian expressways and national highways. He proposed a speed limit of 140 kmph on expressways and at least 100 kmph on four-lane national highways. This, he stated, was advocated on account of considerable improvements in the quality of India’s highways that permit vehicles to go faster than in the past.
Speed limit safety needs to be revise: The minister was also critical of some judicial rulings that disallowed hiking speeds on national highways. However, in the light of certain facts repeatedly surfacing in regard to safety issues of national highways, it does appear that greater caution in regard to increasing speed needs to be taken.
Critical analysis of NHAI’s road construction and maintenance
Rains and potholes: While the government claims that they are of international standard, a recent report highlighted the plight of road travelers on national highways post India’s monsoons. The rains have left the country’s arterial network in poor shape as they have become riddled with potholes.
Higher toll but poor roads: The cited report mentioned the Gurgaon-Jaipur stretch of NH-8, which, despite a hike in toll rates, remains incomplete and terribly potholed. The reason for this sorry state of affairs was revealed in a reply by the government to a parliamentary standing committee.
Insufficient maintenance: The budgetary provision for maintenance of national highways was a mere 40 percent of their own estimated standards. Clearly, maintenance of national highways was being discounted in favour of more kilometres of road construction. The shortfall of 60 percent of maintenance money was terribly high and resulted in the resources being thinly spread, making adequate maintenance intervention highly unlikely.
Inadequate budgetary allocation: The parliamentary committee pointed out in its report titled ‘Issues related to road sector’ that the shortfall in sufficient budgetary allocation was echoed in the poor quality of national highways often witnessed across the country. The committee emphasized that the maintenance of national highways was vitally significant in regard to safety and good average traffic speeds and ought to be given high priority. The issue had been repeatedly flagged by the committee.
NITI Aayog’s acknowledgement of poor infrastructure: Similarly, NITI Aayog, in its report titled ‘Strategy for New India @75’, advised that the government should earmark 10 percent of its annual budget for maintenance of roads and highways and move towards the developed country norm of marking 40 percent of the budget for road upkeep. It is evident that if national highways are not in shape, the economy of the country and the states takes a hit.
Conclusion
It is absolutely necessary for citizens to follow road safety norms but government cannot look away from its responsibility. Scientific road construction even at the cost of slow construction rate is non-negotiable for sake of accident prevention. Safety of citizens is prior to any world record.
Prelims Only | Economics | Mains Paper 3: Effects Of Liberalization On The Economy, Changes In Industrial Policy and their effects on Industrial Growth
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Make-II Project
Mains level: Make in India in defense
The Army has approved sanction orders for the development of niche technology by the Indian industry under the Make-II route of defence procurement.
What are Make-Category Projects?
The provision of ‘Make’ category of capital acquisition in Defence Procurement Procedure (DPP) is a vital pillar for realising the vision behind the ‘Make in India’ initiative.
It aims to foster indigenous capabilities through design & development of required defence equipment/product/systems or upgrades/ sub-systems/components /parts by both public and private sector in a faster time frame.
‘Make’ Procedure has following two sub-categories:
Make-I (Government Funded): Projects under ‘Make-I’ sub-category will involve Government funding of 90%, released in a phased manner and based on the progress of the scheme, as per terms agreed between MoD and the vendor.
Make-II (Industry Funded): Projects under ‘Make-II’ category will involve prototype development of equipment/ system/ platform or their upgrades or their sub-systems/ sub-assembly/assemblies/ components. They aim primarily for import substitution/innovative solutions, for which no Government funding will be provided for prototype development purposes.
From UPSC perspective, the following things are important :
Prelims level: Dadabhai Naoroji
Mains level: Not Much
This year, 2022, marks the 130th anniversary of the election, in 1892, of the first person of Indian origin, Dadabhai Naoroji to the House of Commons.
Why in news?
Election of Rishi Sunak as British PM with a narrow majority has brought to focus Naoroji.
He too had won Finsbury seat as a MP with a three vote’s majority.
Dadabhai Naoroji (1825-1917)
Dadabhai Naoroji is well known as the “Grand Old Man of India” and “Unofficial Ambassador of India”.
He was a Liberal Party Member of Parliament in the British House of Commons, represnting Finsbury Central between 1892 and 1895.
He was the second person of Asian descent to be a British MP, the first being Anglo-Indian MP David Ochterlony Dyce Sombre.
He was an Indian political leader, merchant, scholar and writer who was served as 2nd, 9th, and 22nd President of the Indian National Congress from 1886 to 1887, 1893 to 1894 & 1906 to 1907.
His book Poverty and Un-British Rule in India brought attention to his theory of the Indian “wealth drain” into Britain.
He was also a member of the Second Communist International (1889).
Other works
Started the Rast Goftar Anglo-Gujarati Newspaper in 1854.
The manners and customs of the Parsees (Bombay, 1864)
The European and Asiatic races (London, 1866)
Admission of educated natives into the Indian Civil Service (London, 1868)
The wants and means of India (London, 1876)
Condition of India (Madras, 1882)
Influence on Gandhi and Jinnah
Before his Finsbury win, Naoroji met a young student of law in Inner Temple, 23-year-old Mohandas K Gandhi, and left an everlasting impact on the future leader.
He also met another aspiring lawyer then enrolled at Lincoln’s Inn — 16-year-old Mohammed Ali Jinnah, who was to serve for a while as Naoroji’s secretary.
Jinnah had the distinction of hearing Naoroji’s maiden speech in the House of Commons from the Visitors’ Gallery.
From UPSC perspective, the following things are important :
Prelims level: Not Much
Mains level: implications of fossil fuel ban
Context
The President of Vanuatu, a small Pacific Island, wanted the General Assembly to adopt a universal Non-Proliferation Treaty to ban the use of fossil fuels across the world.
Why such extreme call on fossil fuel ban?
Unlikely discussion on climate change: There is a strong belief in some quarters that the next climate conference, just days away in Sharm El Sheikh in Egypt this year (COP27) may not discuss climate change mitigation largely on account of the ongoing energy stress in Europe.
Ukraine conflict and rising energy demand: It is felt that the Russia Ukraine crisis and resulting global energy supply shortages have dented everyone’s ability to reduce emissions. This may be a legitimate view but the discussion on coal in the United Nations General Assembly, in September, points to an opposite possibility.
Why this demand is significant?
Vanuatu represents the strong voice of island nations: Usually, such a call by a nation whose contribution to the global energy supplies and emissions is negligible would have gone unnoticed. But Vanuatu represents a strong and vocal group of small islands developing states whose voice is heard with attention and empathy in the UN.
Endorsement from various stakeholders: More so, when it is a matter that will affect the global discourse on climate change. The small island group has gone around seeking endorsements from various quarters governments, the corporate world and civil society.
Support from Indian quarters: Interestingly, the Mayor of Kolkata, capital of one of the largest coal producing States in India, has lent his voice of support.
Similar demand of ban on coal use
Demand of coal ban on Glasgow conference: Vanuatu’s plea comes in the wake of a similar call for phaseout of coal which was made last year at the Glasgow climate conference.
From phaseout to phasedown: After strong protest by the Indian interlocutors, the language of the decision at Glasgow was toned down from phaseout to phase down of unabated coal power and inefficient fuel subsidies.
Unfair for developing countries: When India argued that a phaseout was unfair to countries that were heavily dependent on coal power in the medium term, there was consternation among climate enthusiasts. Given this background, the Alliance of Small Island States (AOSIS) may be preparing the ground to make the fossil fuel elimination a part of national climate plans at COP 27.
What will be the implications of fossil fuel ban?
No responsibility of polluting countries under UN charter: a call to end fossil fuels through a mandate in the UN has very different implications than when it is presented under the UN Climate Change Convention. A UN mandate of this nature is divorced from the legal responsibility of the polluting countries to reduce their emissions on the basis of responsibility, capability and national circumstances, as required by the Climate Change Convention.
No commitment technological and financial innovations: It also makes no provisions for technological and financial innovations that are necessary to ensure the transition.
Attempt of securitization of climate: A few months ago, a similar attempt had been made in the UN to treat the matter of climate change as that of global security and request the UN Security Council to resolve it. This was dropped because of the opposition of most of the global south, which saw in this an attempt to address climate change not through international cooperation and consensus but by imposing the wish of a select few on others.
Without sacrificing the developing economy: A plan to drastically reduce coal fired power would in fact do very little to arrest the problem of climate change globally but may create insurmountable difficulties in securing the progress of developing economies towards key sustainable development goals.
Just and equitable transition: If the transition to a world of lower emissions has to be sustainable, it must also be just and equitable.
Equal access to alternative energy: It must ensure equal access to energy and secure energy supplies to all, not just to a few. While the developed economies have full access to alternative sources of energy, because of their strength in terms of technology and resources, the developing nations are handicapped. Therefore, a just transition needs to be built on the promise that green energy and a green future will be available to all.
Promoting the philosophy LiFE: It is in this context that the call for Lifestyle for Environment (LiFE) issued by Prime Minister Narendra Modi and the UN Secretary General, jointly in India recently, assumes importance. Consumers in countries that consume at an unsustainable pace and contribute to rising emissions have a much greater responsibility to clean up the planet and support the growth of green energy.
Most vulnerable should be attended first: The world today is suffering from the adverse effects of climate change which have devastated homes and the livelihoods of large populations in various parts of the vulnerable world. Addressing these impacts and preparing the world for an uncertain future should be the priority.
Conclusion
It is high time that building climate resilient infrastructure in the developing and growing countries is given as much importance as phasing down coal and investment in energy innovations and alternative technologies.
Mains Question
Q.What will be the implication for developing countries if call on ban on fossil fuel is adopted? Explain the LiFE in the light of climate transition debate.
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Assertive china and its implications on India and the world
Context
China’s 20th Party Congress concluded with hardly any surprises, and a predetermined script was implemented without any hitch. Xi Jinping was anointed President for an unprecedented third term, and all six of his acolytes made it to the powerful Politburo Standing Committee.
Why China’s 20th Party Congress is important?
Extension of tenure of Xi Jinping: Xi’s ‘core’ status has been further reinforced, and he is now set to eclipse Deng Xiaoping and Jiang Zemin, placing him next only to Mao. Mr. Xi’s Thought on ‘Socialism with Chinese Characteristics for a New Era’ will be the Chinese Communist Party/Communist Party of China (CCP)’s guiding philosophy for the future.
Xi’s control over party: It was also evident that Mr. Xi enjoys wide, if not overwhelming, support within the Party elite, enabling him to infuse a renewed sense of purpose alongside tightening of controls over it.
High focus on national security: National security would be the key factor dictating all aspects of governance. A common theme that permeated the proceedings was affirmation of the CCP’s historical mission.
Emphasized ideological coherence: There was only a single narrative, crafted in a manner that extolled Mr. Xi’s role in revitalization of the CCP, further enhancing his cult status. Unequivocally rejected was an earlier Xi thesis of a ‘Community of Common Destiny’ which has been replaced by the belief that international public opinion was currently anti-China and also included an incitement to overthrow the existing Communist regime. To counter such disruptive philosophies, it had become necessary for the CCP to emphasize ideological coherence and internal discipline.
Avoiding the soviet style collapse: This would help to avoid the danger of a ‘Soviet style collapse’ caused by ideological laxity, corruption, divisions within the party and attempts by outsiders to foment unrest.
What are the problematic declarations at 20th party congress?
Undermining the USA: In the realm of geopolitics, the Congress declared that the objective is to effectively reduce the authority and the power of the United States.
Rejecting the Indo-pacific: This was especially true of China’s neighborhood, essentially the Indo-Pacific.
Achieving the lost glory: Also, to be eschewed by China were the vague and contradictory goals of the past, made at a time when China sought to make rapid progress in several directions.
Theory of victimhood of international conspiracy: Implicit in the proceedings was the belief that China was being deliberately denied access, and the ability, to import certain vital technological items, and in this regard, of being a victim of major international conspiracies. Earlier pragmatism was replaced by concerns about western pressures to derail China’s progress.
Possible lifelong tenure to Xi: The Party Congress is indicative of the fact that Mr. Xi is much more than a mere party ‘restorer’, and that he adheres to the belief that the CCP’s role is central to Chinese society and critical to determining China’s role in world affairs.
Raising the national strength and international influence: In terms of China’s world view, the Party Congress reiterated that the goal is to make China a modern socialist power by 2035, boost per capita income to middle income levels, and modernise the armed forces. By 2049, the 100th anniversary of the Peoples’ Republic of China, China is determined to lead the world in terms of composite national strength and international influence.
What are the implications for the world?
Premature takeover of Taiwan: one can expect that notwithstanding the level of rhetoric and assertions that this is a dangerous phase, China is unlikely to take any premature step to take over Taiwan, and thereby risk a wider conflict with the U.S. and the rest of the world at this point. Mr. Xi is far more likely to devote attention to internal matters within China, since unity within the Communist Party remains ephemeral; while dissent has been stamped out for the present, more consolidation would be necessary.
Short term conciliation with world: Consequently, one might well see China stepping back from its present confrontational posture with the U.S. and several other countries, and adopting a more conciliatory approach in the near future.
Conflicts are likely to happen: There are, of course, certain red lines any attempt at provocation within the ‘First Island Chain’, or encouraging Taiwan to seek independence or break away from China are certain to lead to a conflict, irrespective of how it would adversely affect China’s 2049 plans and objectives.
Border incursion will rise: In India’s case, further skirmishes between the two countries along the several thousand kilometres of the undefined land border is to be expected.
Conflicts in Indian ocean: China is unlikely to embark on an open conflict with it anywhere else in the Indian Ocean region. This could alter, if India were to pursue a more aggressive policy in support of the West’s ‘open seas policy’ in waters in China’s vicinity.
Prime target in west vs China battle: India is, however, likely to be a principal target of Chinese wrath in the next few years. As India’s economic fortunes steadily improve even as China’s declines, the perception conflict will become more intense.
China’s progress at the cost of India: Moreover, if India is seen as a major recipient of western technology, the kind being denied to China, China would make it a point to use its economic, rather than military muscle, to deter India’s progress. For China to achieve greatness by 2049, subduing India economically, and reducing its image in the eyes of the world would be critically important.
Conclusion
China’s middle kingdom complex, unjustified assertion, paranoic claims on borders and seas and wolf warrior diplomacy is against the international rules and order. China has challenged the USA’s hegemony and entire international system without any tangible punishment. India has to choose its options carefully without compromising national security and ambitions.
