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Primary and Secondary Education – RTE, Education Policy, SEQI, RMSA, Committee Reports, etc.

Shedding The Colonial Legacy By Promoting Mother Languages

op-ed snap | Governance | Mains Paper 2: Health & Education
Note4Students

From UPSC perspective, the following things are important :

Prelims level: National Education Policy, International Mother Language Day

Mains level: Significance of Mother Languages

Colonial

Central idea

  • Former Vice President of India, M Venkaiah Naidu, has emphasized the importance of shedding the colonial legacy in India by promoting and creating content in mother languages. He has pointed out that during the colonial era, the British rulers-imposed English as the language of administration, education, and communication, which led to the neglect of Indian languages.

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Colonial

International Mother Language Day

  • In November 1999, UNESCO declared February 21 as International Mother Language Day in response to the declining state of many languages all over the world.
  • This year’s theme, “Multilingual education a necessity to transform education,” underscores the importance of using multiple languages in framing an impactful system of education.
  • It is appropriate, therefore, that revitalising languages that are disappearing or are threatened with extinction is one of the themes of Mother Language Day this year

The International Mother Language Day has added significance: Indian context

  • India’s Linguistic heritage: India is an ancient repository of hundreds of languages and thousands of dialects with rich linguistic and cultural diversity. Our languages, which are an integral part of our ancient culture, give us a sense of identity.
  • The threat westernisation poses: The International Mother Language Day has added significance in the Indian context because of the threat westernisation poses to the survival of as many as 42 of our dialects and languages which have fewer than 10,000 users.
  • Grim situation of not having access to education in their mother tongue: The situation is equally grim all over the world with 40 per cent of the speakers of 6,700 languages not having access to education in their mother tongue.

Colonial

Highlighting the significance of Mother tongue

  • To express deepest feelings: It is in our mother tongue that we express, with authenticity, our, feelings, values and ideals, as also our literary endeavours.
  • Homeland of our innermost thoughts: The former UNESCO Director-General, Koichiro Matsura, highlighted the irreplaceable significance of one’s mother tongue when he observed that the languages, we learn from our mothers are the homeland of our innermost thoughts.
  • Science must be taught in mother tongue: The Nobel Prize-winning Physicist C V Raman said, “We must teach science in our mother tongue. Otherwise, science will become a highbrow activity. It will not be an activity in which all people can participate.”
  • Better performance: A number of studies have shown that children who learn in their mother tongue in their formative years perform better than those taught in an alien language.
  • View of Gandhiji: Writing in Young India in 1921, Mahatma Gandhi spoke with concern, of the strain of the foreign medium which turned “our children into crammers and imitators.” Gandhiji foresaw how “the foreign medium has made our children practically foreigners in their own land.

Colonial legacy

  • It been 75 years, still carrying the colonial legacy: Even as we celebrate Azadi ka Amrit Mahotsav, to mark 75 years of Independence, we have not been able to shed this colonial legacy of dependence on English.
  • Mother tongue as a second language: Educators and parents continue to accord unquestioned primacy to English and, as a result, the child is compelled to study his or her mother tongue as a second/third language at school.
  • Building barriers in the path of our progress: Our emphasis on English has, ironically, made the educational system exclusive and restrictive. As a result, while limiting the acquisition of knowledge in technical and professional courses, to a select few, we made it inaccessible to a vast majority of our students.

Colonial

Shedding the colonial legacy

  • The National Education Policy (NEP): The NEP 2020 is a farsighted document which advocates education in one’s mother tongue right from the primary-school level.
  • BTech programmes in 11 native languages: Prime Minister Narendra Modi, in his address in 2021, marking the first anniversary of the National Education Policy (NEP), hailed the AICTE’s landmark decision to permit BTech programmes in 11 native languages.
  • Promotion of mother tongue education in colleges and universities: The UGC has, in a welcome move, written to governors and chief ministers of various states to give a fillip to measures for the promotion of mother tongue education in colleges and universities.
  • For instance: In a survey conducted by AICTE in February last year of over 83,000 students, nearly 44 per cent voted in favour of studying engineering in their mother tongue, highlighting its necessity.
  • Initiative to give prominence to native language: The Centre’s initiative to give prominence to native languages in employment and job creation is a welcome step.
  • Examinations in native languages: It is also heartening that the Staff Selection Commission has decided to conduct examinations in 13 Indian languages in addition to Hindi and English.
  • Supreme court verdicts accessible in all Indian languages: Similarly, the Supreme Court’s decision to make verdicts accessible in all Indian languages is of great significance.

Colonial

Conclusion

  • NEP’s emphasis on mother tongue as the medium of instruction will instil confidence in students belonging to poor, rural and tribal backgrounds. These steps need to be scaled up at all levels. Moreover, we must hasten the process of content creation in mother languages, especially with respect to technical and professional courses. Leveraging technology will drive development in this respect.

Mains Question

Q. India has rich linguistic diversity. In this backdrop discuss the importance of mother language specifically in education policy.

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Antibiotics Resistance

Antimicrobial Resistance (AMR): An Invisible Pandemic

op-ed snap | Science Tech | Mains Paper 3: Awareness in various sc and tech fields
Note4Students

From UPSC perspective, the following things are important :

Prelims level: AMR

Mains level: AMR challenges and Government measures

AMR

Central Idea

  • While the world is emerging from the acute phase of the COVID-19 pandemic, the very harmful but invisible pandemic of Antimicrobial Resistance (AMR) is unfortunately here to stay. Most countries understood in 2020 the clear and present danger of COVID-19, forcing governments, including India’s, to respond with speed and accuracy. The rapidly rising AMR rates also need an accelerated, multi-sectoral, global and national response.

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AMR

What is Antimicrobial Resistance (AMR)?

  • Antimicrobial resistance (AMR) is a natural phenomenon that occurs when microorganisms such as bacteria, viruses, fungi, and parasites evolve to become resistant to antimicrobial drugs such as antibiotics, antivirals, antifungals, and antiparasitics that were previously effective in treating infections caused by those microorganisms.

The Threat of Antimicrobial Resistance

  • Human deaths: In 2019, AMR caused approximately 4.95 million human deaths worldwide, highlighting the urgency of addressing this issue.
  • Report by OECD: A 2018 report by the Organisation for Economic Co-operation and Development warned that the world could experience a significant rise in resistance to second and third-line antibiotics by 2030.
  • Resistance increases by 5% to 10% every year: A 2022 study by the Indian Council of Medical Research (ICMR) revealed that resistance to broad-spectrum antimicrobials increases by 5% to 10% every year.
  • High rate of resistance found in commonly used drugs: The Indian Network for Surveillance of Antimicrobial Resistance (INSAR) also found a high rate of resistance to commonly used drugs such as ciprofloxacin, gentamicin, co-trimoxazole, erythromycin, and clindamycin, underscoring the importance of taking steps to combat AMR.
  • High levels of resistance: WHO has increasingly expressed concern about the dangerously high levels of antibiotic resistance among patients across countries.
  • For example: Ciprofloxacin, an antibiotic commonly used to treat urinary tract infections. According to WHO, resistance to ciprofloxacin varied from 8.4% to 92.9% for Escherichia coli (E. coli) and from 4.1% to 79.4% for Klebsiella pneumoniae (a bacteria that can cause life-threatening infections such as pneumonia and intensive care unit- related infections). The global epidemic of TB has been severely impacted by multidrug resistance patients have less than a 60% chance of recovery.
  • Adds burden to communicable disease: AMR adds to the burden of communicable diseases and strains the health systems of a country, making it even more challenging to address health crises.

What is Muscat conference is about?

  • Ministerial Conference on AMR: Third Global High-Level Ministerial Conference on Antimicrobial Resistance (November 24-25, 2022) held in Muscat where over 30 countries adopted the Muscat Ministerial Manifesto on AMR.
  • The conference focused on three health targets:
  1. Reduce the total amount of antimicrobials used in the agri-food system at least by 30-50% by 2030;
  2. Eliminate use in animals and food production of antimicrobials that are medically important for human health;
  3. Ensure that by 2030 at least 60% of overall antibiotic consumption in humans is from the WHO Access group of antibiotics.
  • Muscat Manifesto:
  1. Need to accelerate One Health action: The manifesto recognised the need to accelerate political commitments in the implementation of One Health action for controlling the spread of AMR.
  2. Need to address the overall impact of AMR: It also recognised the need to address the impact of AMR not only on humans but also on animals, and in areas of environmental health, food security and economic growth and development.

Government efforts so far

  • The National Action Plan on Antimicrobial Resistance (2017-21): The National Action Plan on AMR emphasised the effectiveness of the government’s initiatives for hand hygiene and sanitation programmes such as Swachh Bharat Abhiyan, Kayakalp and Swachh Swasth Sarvatra.
  • Increasing community awareness: The government has also attempted to increase community awareness about healthier and better food production practices, especially in the animal food industry.
  • Specific guidelines regarding use and limiting use of antibiotics: The National Health Policy 2017 also offered specific guidelines regarding use of antibiotics, limiting the use of antibiotics as over-the-counter medications and banning or restricting the use of antibiotics for growth promotion in livestock.
  • Called for scrutiny of antibiotic prescriptions: It also called for scrutiny of prescriptions to assess antibiotic usage in hospitals and among doctors.

AMR

Examples of Limiting AMR worldwide

  • Less use of Antimicrobials less likely resistance: Scientific evidence suggests that the less antimicrobials are used, it is less likely that there will be an emergence of drug resistance.
  • Netherlands and Thailand: Countries such as the Netherlands and Thailand have decreased their usage by almost 50%.
  • China: In China, the consumption of antibiotics in the agricultural sector has fallen substantially.

Way ahead: India’s role

  • India committed to strengthen surveillance: India has committed to strengthening surveillance and promoting research on newer drugs.
  • GLASS: It also plans to strengthen private sector engagement and the reporting of data to the WHO Global Antimicrobial Resistance and Use Surveillance System (GLASS) and other standardised systems.

AMR

Conclusion

  • The various G-20 health summits spread through 2023 offer an opportunity for India to ensure that all aspects of AMR are addressed and countries commit to progress. As the current G-20 president, and as a country vulnerable to this silent pandemic, India’s role is critical in ensuring that AMR remains high on the global public health agenda.

Mains question

Q. In the backdrop of recently held Muscat Conference on AMR highlight the threats posed by AMR and Discuss India’s efforts in combating the silent pandemic.

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Women empowerment issues – Jobs,Reservation and education

Marital age: Laws Are Not Enough As Enforcement Is Poor

op-ed snap | Governance | Mains Paper 2: Laws, Institutions & Bodies Constituted For The Vulnerable Sections
Note4Students

From UPSC perspective, the following things are important :

Prelims level: NA

Mains level: The Prohibition of Child Marriage (Amendment) Bill, 2021 and Marital age of women and issues

age

Central Idea

  • Recently, the Supreme Court dismissed a petition seeking to increase the minimum age of marriage of women in India from 18 years to 21 years. The Chief Justice of India, D.Y. Chandrachud, noted that the power to amend the law lies with Parliament.

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The Prohibition of Child Marriage (Amendment) Bill, 2021

  • Amendment to the Prohibition of Child Marriage Act, 2006: The Prohibition of Child Marriage (Amendment) Bill, 2021 is a proposed amendment to the Prohibition of Child Marriage Act, 2006, which is an Indian law that prohibits the marriage of children below the age of 18 for girls and 21 for boys.
  • Aim to strengthen the existing laws: The bill was introduced in the Indian Parliament in March 2021 with the aim of strengthening the existing law and further protecting the rights of children. Some of the key provisions of the bill include
  • Referred to the Standing Committee: But after Opposition MPs demanded greater scrutiny of the Bill, it was referred to the Parliamentary Standing Committee.

Why the age of marriage of women matters?

  • Age of marriage has bearing on maternal mortality rates, fertility levels, nutrition of mother and child, sex ratios, and, on a different register, education and employment opportunities for women.
  • It is also argued that other factors such as poverty and health services were far more effective as levers for improving women’s and children’s health and nutritional status.

Some of the key provisions of the Bill

  • Making registration of marriages mandatory: The bill proposes to make registration of all marriages, including child marriages, mandatory. This is aimed at improving the implementation of the law and making it easier to track and prevent child marriages.
  • Making child marriages voidable: The bill proposes to make child marriages voidable at the option of the contracting party who was a child at the time of marriage. This means that a child who was married before the age of 18 can seek to have the marriage declared void, provided it is done within two years of attaining adulthood.
  • Punishment for promoting or permitting child marriage: The bill proposes to increase the punishment for promoting or permitting child marriage. The punishment for such offences will now be imprisonment of up to two years and/or a fine of up to one lakh rupees.

age

Scrutiny before passing it?

  • Despite of the legal age girl married before their 18th birthday: The caution exercised by the Supreme Court and the advice of the Opposition MPs to scrutinise the Bill before passing it is well grounded. This is because, despite the legal age of marriage for women being 18 years, almost 23% of women who were aged between 20 and 24 years in 2019-21 married before their 18th birthday.
  • State wise: In fact, in the eastern States of Bihar and West Bengal, the share was over 40% In Assam, Andhra Pradesh and Rajasthan, the share was over 25%. The share was below 10% in Kerala, Himachal Pradesh, Punjab and Uttarakhand, among other States.
  • Less no of cases reported despite of high prevalence: Despite such a high share of women marrying before turning 18 years, only 1,050 cases were registered under The Prohibition of Child Marriage Act in 2021, according to the National Crime Records Bureau.
  • Question of enforcement gets even bigger: With the Bill proposing to raise the legal age from 18 to 21, the question of enforcement gets even bigger. In India, over 60% of women who were aged between 25 and 29 in 2019-21 married before their 21st birthday. In the eastern States of Bihar and West Bengal, the share was over 70%.

Way ahead

  • While laws can be changed, enforcement may remain weak as underage marriages are rarely reported.
  • Education, more than wealth, determines women’s marital age
  • Better-educated women have had more control over when they should get married for decades now.
  • The Data Point also showed that due to awareness and better negotiation powers, younger women have pushed up their median marriage age by many years compared to their mothers and grandmothers.

age

Conclusion

  • Overall, the Prohibition of Child Marriage (Amendment) Bill, 2021 is an important step towards strengthening the legal framework to prevent child marriages in India and ensuring that children are protected from this harmful practice. However, raising the bar alone may not be sufficient. Enforcement while emphasizing education awareness will be the key.

Mains Question

Q. While laws can be changed, enforcement may remain weak as underage marriages are rarely reported In this light discuss why the age of marriage of women matters?

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Right To Privacy

Digital Personal Data Protection Bill: Need A Pre-legislative Consultation

op-ed snap | Governance | Mains Paper 2: E-Governance,Governance, Transparency & Accountability, Citizens Charters
Note4Students

From UPSC perspective, the following things are important :

Prelims level: NA

Mains level: Digital Personal Data Protection Bill and the concerns

protection

Central Idea

  • The Ministry of Electronics and Information Technology has drafted a Digital Personal Data Protection (DPDP) Bill. A data protection law must safeguard and balance peoples’ right to privacy and their right to information, which are fundamental rights flowing from the Constitution. Unfortunately, this Bill fails on both counts.

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Why do we need data protection?

  • Increasing internet use: India currently has over 750 million Internet users, with the number only expected to increase in the future.
  • Data breaches: At the same time, India has among the highest data breaches in the world. Without a data protection law in place, the data of millions of Indians continue to be at risk of being exploited, sold, and misused without their consent.
  • Individual privacy: Data monetization may happen at cost of individual privacy. The most sought-after datasets are those that contain sensitive personal data of individuals, ex. medical history, and financial data.
  • Lack of writ proceedings against corporate action: Unlike state action, corporate action or misconduct is not subject to writ proceedings in India. This is because fundamental rights are, by and large, not enforceable against private non-state entities. This leaves individuals with limited remedies against private.

DPDP Bill, 2022 is based on seven principles

According to an explanatory note for the bill, it is based on seven principles-

  • Lawful use: The first is that “usage of personal data by organisations must be done in a manner that is lawful, fair to the individuals concerned and transparent to individuals.”
  • Purposeful dissemination: The second principle states that personal data must only be used for the purposes for which it was collected.
  • Data minimisation: Bare minimum and only necessary data should be collected to fulfill a purpose.
  • Data accuracy: At the point of collection. There should not be any duplication.
  • Duration of storage: The fifth principle talks of how personal data that is collected cannot be “stored perpetually by default,” and storage should be limited to a fixed duration.
  • Authorized collection and processing: There should be reasonable safeguards to ensure there is “no unauthorised collection or processing of personal data.”
  • Accountability of users: The person who decides the purpose and means of the processing of personal data should be accountable for such processing.

Why the Bill must be put through a process of rigorous pre-legislative consultation?

  • Dilutes the provisions of the Right to Information (RTI) Act: The Bill seeks to dilute the provisions of the Right to Information (RTI) Act, which has empowered citizens to access information and hold governments accountable. It is behind the cloak of secrecy that the rights of individuals are most frequently abrogated, and corruption thrives.
  • Fails to safeguard right to privacy: Proposed Bill creates wide discretionary powers for the Central government and thus fails to safeguard people’s right to privacy.
  • For instance: Under Section 18, it empowers the Central government to exempt any government, or even private sector entities, from the provisions of the Bill by merely issuing a notification.
  • The Bill does not ensure autonomy of the Data Protection Board: Given that the government is the biggest data repository, it was imperative that the oversight body set up under the law be adequately independent to act on violations of the law by government entities. The Bill does not ensure autonomy of the Data Protection Board, the institution responsible for enforcement of provisions of the law.
  • Government direct control over the Data Protection Board: The Central government is empowered to determine the strength and composition of the Board and the process of selection and removal of its chairperson and other members.
  • Serious apprehensions of its misuse by the executive: The Central government is also empowered to assign the Board any functions under the provisions of this Act or under any other law.
  • Going digital by design fails to those who do not have meaningful access: The Bill stipulates that the Data Protection Board shall be ‘digital by design’, including receipt and disposal of complaints. As per the latest National Family Health Survey, only 33% of women in India have ever used the Internet. The DPDP Bill, therefore, effectively fails millions of people who do not have meaningful access to the Internet.

Conclusion

  • The government has been given the power to exempt not only government agencies but any entity that is collecting user data, from having to comply with the provisions of this bill when it is signed into law.

Mains question

Q. It is behind the cloak of secrecy that the rights of individuals are most frequently abrogated, and corruption thrives. Discuss.

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Renewable Energy – Wind, Tidal, Geothermal, etc.

India plans to export Solar Power

| Economics | Mains Paper 3: Infrastructure: Energy, Ports, Roads, Airports, Railways Etc.
Note4Students

From UPSC perspective, the following things are important :

Prelims level: NA

Mains level: Solar energy promotion and export

solar

Central idea: The article states that the Ministry for New and Renewable Energy is working towards increasing the production of solar modules in the country, with the goal of making India a net exporter of solar modules by 2026.

How can India be a net exporter of solar energy?

  • Increased manufacturing of PV modules: By 2026, Indian industry will be able to manufacture solar modules worth 100 gigawatts (GW) annually, and help the country be a net exporter of solar power.
  • Increased installation capacity: This would significantly aid India’s target of installing 500 GW of electricity capacity from non-fossil sources by 2030.

Issues with solar power sector

Ans. Reduced capacity

  • Slow pace: India had planned to install 175 GW of renewable energy by December 2022, including 100 GW of solar power, but has only achieved 122 GW, with solar power accounting for only 62 GW.
  • Huge cost: A key bottleneck has been the cost of solar modules (or panels).
  • Regressive import duties: While India has traditionally relied on China-made components such as poly-silicon wafers, necessary to make modules, higher customs duty on them has shrunk supply. This was done to make equivalent India-manufactured components more competitive.

Motive behind export promotion

  • Surplus generation: India need about 30-40 GW for our domestic purposes annually and the rest can be used for export.
  • Manufacturing boost: PLI scheme for polysilicone manufacturing is in place are designed to encourage the manufacturers of ingots and wafers in India.

What obstructs solar power growth in India?

Ans. Land crunch

  • Apart from module prices, land acquisition has been a major challenge for solar power manufacturers.
  • Despite the Centre commissioning 57 large solar parks worth 40 GW in recent years, only 10 GW have been operationalized.
  • Installing a megawatt of solar power requires on average four acres of land. So various developers face challenges in acquiring it and that’s one reason for the delay.

Various initiatives for solar energy in India

  • International Solar Alliance (ISA): India, along with France, launched the ISA in 2015, a global platform to promote the use of solar energy.
  • Solar Parks: The government has set up Solar Parks to provide land and infrastructure to developers for the installation of solar power projects.
  • Rooftop Solar Program: The government has launched a rooftop solar program to promote the installation of solar panels on rooftops of residential and commercial buildings.
  • Incentives and subsidies: The government has provided various incentives and subsidies to promote the adoption of solar energy, including tax exemptions, accelerated depreciation, and subsidies for capital costs.

Way forward

India has significant potential to become a major exporter of solar power. Here are some steps that can be taken to promote solar power export by India:

  • Increase domestic production: To promote solar power export, India needs to increase domestic production of solar panels and equipment. This can be achieved by providing incentives and subsidies to domestic manufacturers, reducing import duties on raw materials, and investing in research and development.
  • Focus on quality: Indian manufacturers need to focus on producing high-quality solar panels and equipment that can compete with products from other countries. The government can establish quality standards and certification programs to ensure that Indian-made products meet international quality standards.
  • Develop infrastructure: India needs to develop a robust infrastructure to support the export of solar power, including transportation, storage, and transmission facilities. The government can provide support for the development of this infrastructure, such as funding and regulatory support.
  • Partner with other countries: India can partner with other countries to promote the export of solar power. The International Solar Alliance, of which India is a founding member, can play a key role in this regard.
  • Expand market access: India needs to expand market access for its solar power products by signing trade agreements with other countries and participating in international exhibitions and events. The government can also provide support for Indian companies to participate in trade fairs and exhibitions abroad.

By implementing these measures, India can promote the export of solar power and become a key player in the global solar energy market.

 

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Climate Change Impact on India and World – International Reports, Key Observations, etc.

Centre in final stages of notifying Emissions Trading Scheme

| Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia
Note4Students

From UPSC perspective, the following things are important :

Prelims level: Carbon Trading

Mains level: Emission Trading Schemes

After the passing of the Energy Conservation (Amendment) Bill last December, the Centre is now in the final stages of notifying an Emissions Trading Scheme (ETS).

Emissions Trading Scheme (ETS)

  • India does not currently have a national Emissions Trading Scheme (ETS). However, there have been some efforts to introduce an ETS in the country.
  • In 2018, the Ministry of Environment, Forest and Climate Change (MoEFCC) released a draft of the National Clean Air Programme (NCAP).
  • It proposed the introduction of a market-based mechanism for reducing air pollution for the first time.
  • The mechanism was not explicitly called an ETS, but it was described as a “cap-and-trade system.”

Successful example of Carbon Market: EU’s emissions trading system (ETS)

  • Under the EU’s ETS launched in 2005, member countries set a cap or limit for emissions in different sectors, such as power, oil, manufacturing, agriculture, and waste management.
  • This cap is determined as per the climate targets of countries and is lowered successively to reduce emissions.
  • Entities in this sector are issued annual allowances or permits by governments equal to the emissions they can generate.
  • If companies produce emissions beyond the capped amount, they have to purchase additional permit, either through official auctions or from companies.
  • This makes up the ‘trade’ part of cap-and-trade.

How is carbon price determined?

  • The market price of carbon gets determined by market forces when purchasers and sellers trade in emissions allowances.
  • Notably, companies can also save up excess permits to use later.
  • Through this kind of carbon trading, companies can decide if it is more cost-efficient to employ clean energy technologies or to purchase additional allowances.
  • These markets may promote the reduction of energy use and encourage the shift to cleaner fuels.

Other such examples

  • China launched the world’s largest ETS in 2021, estimated to cover around one-seventh of the global carbon emissions from the burning of fossil fuels.
  • Markets also operate or are under development in North America, Australia, Japan, South Korea, Switzerland, and New Zealand.

Significance of Carbon Market

  • The World Bank estimates that trading in carbon credits could reduce the cost of implementing NDCs by more than half — by as much as $250 billion by 2030.
  • Last year, the value of global markets for tradable carbon allowances or permits grew by 164% to a record 760 billion euros ($851 billion).
  • The EU’s ETS contributed the most to this increase, accounting for 90% of the global value at 683 billion euros.
  • As for voluntary carbon markets, their current global value is comparatively smaller at $2 billion.

What is the progress at UN?

  • The UN international carbon market envisioned in Article 6 of the Paris Agreement is yet to kick off as multilateral discussions are still underway about how the inter-country carbon market will function.
  • Under the proposed market, countries would be able to offset their emissions by buying credits generated by greenhouse gas-reducing projects in other countries.
  • In the past, developing countries, particularly India, China and Brazil, gained significantly from a similar carbon market under the Clean Development Mechanism (CDM) of the Kyoto Protocol, 1997.
  • India registered 1,703 projects under the CDM which is the second highest in the world.
  • But with the 2015 Paris Agreement, the global scenario changed as even developing countries had to set emission reduction targets.

India’s efforts

The new Bill empowers the Centre to specify a carbon credits trading scheme.

  • Issuance of credit certificates: Under the Bill, the central government or an authorised agency will issue carbon credit certificates to companies or even individuals registered and compliant with the scheme.
  • Tradable carbon credits: These carbon credit certificates will be tradeable in nature. Other persons would be able to buy carbon credit certificates on a voluntary basis.

Existing mechanisms

  • Notably, two types of tradeable certificates are already issued in India-
  1. Renewable Energy Certificates (RECs) and
  2. Energy Savings Certificates (ESCs)
  • These are issued when companies use renewable energy or save energy, which are also activities which reduce carbon emissions.

Lacunas of the bill

  • No clear mechanism: The Bill does not provide clarity on the mechanism to be used for the trading of carbon credit certificates— whether it will be like the cap-and-trade schemes or use another method— and who will regulate such trading.
  • Confusion over nodal agency: The right ministry to bring in a scheme of this nature, pointing out that while carbon market schemes in other jurisdictions like the US, UK are framed by their environment ministries, the Indian Bill was tabled by the power ministry instead of the MoEFCC.
  • Ambiguity over existing certificates: The Bill does not specify whether certificates under already existing schemes would also be interchangeable with carbon credit certificates and tradeable for reducing carbon emissions.
  • Overlapping: The question, thus, is whether all these certificates could be exchanged with each other. There are concerns about whether overlapping schemes may dilute the overall impact of carbon trading.

Challenges to carbon markets

  • Double counting: of greenhouse gas reductions
  • Quality and authenticity: These parameters of climate projects that generate credits to poor market transparency
  • Greenwashing: Companies may buy credits, simply offsetting carbon footprints instead of reducing their overall emissions or investing in clean technologies.
  • Inefficiency: The IMF points out that including high emission-generating sectors under trading schemes to offset their emissions by buying allowances may immensely increase emissions on net.

Way forward

  • Alignment with NDCs: The UNDP emphasizes that for carbon markets to be successful, emission reductions and removals must be real and aligned with the country’s NDCs.
  • Transparent financing: It says that there must be “transparency in the institutional and financial infrastructure for carbon market transactions”.

 

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Agricultural Sector and Marketing Reforms – eNAM, Model APMC Act, Eco Survey Reco, etc.

Telangana’s Teja Chilli is hot property in many nations

Prelims Only | Agriculture | Mains Paper 3: Major Crops & Cropping Patterns
Note4Students

From UPSC perspective, the following things are important :

Prelims level: Teja Chilli

Mains level: Not Much

chilli

The burgeoning demand for the popular Teja variety of red chilli, famous for its culinary, medicinal and other wide-ranging uses, in the export market is proving to be a boon for the Telangana Agriculture Market.

Teja Chilli

  • Teja or S17 is one of the hottest varieties of red chillies produced in India. (GI tag not accorded yet.)
  • The chilli is known and liked across the country for its fierce hot flavor and rich aroma.
  • Southern India is the main region of Teja or S17 red chilli production.
  • It has a capsaicin content of 0.50-0.70% making it more pungent and spicy.
  • The huge demand for Oleoresin, a natural chilli extract, is mainly driving the export of Teja variety to various spice processing industries in several Asian countries.

Where it is produced?

  • Khammam district is the largest producer of Teja variety of red chilli.
  • It is the leading exporter of the pungent fruit.
  • The Mudigonda-based Oleoresin extraction firm of a Chinese company is engaged in export of the by product to its clients.

Trade significance of this chilli

  • Teja variety of red chilli is being exported to China, Bangladesh and a few other south Asian countries from Khammam mainly through the Chennai port.
  • The export of Teja variety of red chilli is expected to grow from the present ₹2000 crore per annum to ₹2500 crore next year.

 

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Innovation Ecosystem in India

APJ Abdul Kalam SLV: India’s 1st Hybrid Rocket launched

Prelims Only | Science Tech | Mains Paper 3: Achievements Of Indians In S&T
Note4Students

From UPSC perspective, the following things are important :

Prelims level: Hybrid Rocket

Mains level: India's success in rocketry

rocket

India’s first hybrid sounding rocket by private players was launched by some students from Pattipulam village off Tamil Nadu coast.

About APJ Abdul Kalam SLV

  • Martin Foundation in association with Dr APJ Abdul Kalam International Foundation and Space Zone India successfully completed the project known as Dr APJ Abdul Kalam Satellite Launch Vehicle Mission 2023.
  • The student team included 200 from the fishermen community in Tamil Nadu and Pondicherry, 100 students from tribal communities across India, and 60 from Tamil Nadu.

What is a Hybrid Rocket?

  • A hybrid rocket is a type of rocket engine that combines features of both liquid-fueled and solid-fueled rockets. In a hybrid rocket, a solid fuel is burned in combination with a liquid or gaseous oxidizer to produce thrust.
  • The solid fuel in a hybrid rocket is typically made of a polymer, such as hydroxyl-terminated polybutadiene (HTPB), which is cast into a cylindrical shape and placed inside the rocket motor.
  • The oxidizer, which is typically nitrous oxide (N2O), is stored in a separate tank and fed into the combustion chamber of the rocket motor.

How does it work?

  • When the oxidizer is introduced into the combustion chamber, it reacts with the solid fuel, producing a hot gas that is expelled through a nozzle at the end of the rocket.
  • The combustion process can be controlled by adjusting the flow rate of the oxidizer, making hybrid rockets more controllable than solid rockets.

Benefits offered over conventional rockets

  • Hybrid rockets are generally simpler and less expensive to manufacture than liquid rockets, while providing more control than solid rockets.
  • They are also safer than both liquid and solid rockets, since the fuel and oxidizer are stored separately and can be easily shut off in case of an emergency.

 

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International Space Agencies – Missions and Discoveries

Cooling Earth with Moon Dust

Prelims Only | Enviro & Biodiversity | Mains Paper 1: Important Geophysical Phenomena
Note4Students

From UPSC perspective, the following things are important :

Prelims level: Moon dust for sheilding Earth

Mains level: Global Warming

moon

The article introduces the idea of using Moon dust to cool the Earth and explores the feasibility and potential risks associated with the proposal.

Moonlight cooling of Earth

  • The idea of using lunar dust to cool the Earth’s temperature is based on a natural phenomenon called “moonlight cooling.”
  • When the Moon’s surface reflects the sun’s rays, it cools down rapidly after sunset.
  • Scientists believe that a thin layer of lunar dust could be used to create a similar effect on the Earth’s surface.
  • The proposal suggests launching a spacecraft to the Moon to collect dust particles, which would then be transported to the Earth’s atmosphere and released.

Feasibility of the move

  • This is not a new idea. In fact, it has been proposed before as a way to combat global warming, and several studies have been conducted to explore its feasibility.
  • One study published in the journal Earth’s Future estimated that the technique could reduce the Earth’s temperature by 1.5 degrees Celsius, which is a significant amount in the context of climate change.

Risks and Drawbacks

  • Health concerns: The dust could harm the environment or respiratory health if it is not properly controlled.
  • Threats to aviation: The particles are abrasive and could damage aircraft engines or other machinery if they were to fall to the ground.
  • Feasibility and cost: Collecting enough dust to make a significant impact on the Earth’s temperature would require a significant investment of resources, including launching multiple spacecraft to the Moon.

Frankenstein’s Monster Analogy

  • The article draws a comparison between the proposed use of moon dust and the story of Frankenstein’s monster, in which a scientist creates a monster that ultimately causes destruction and chaos.
  • The analogy suggests that the use of moon dust could have unintended consequences that are difficult to predict, and that such large-scale climate interventions should be approached with caution.

 

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Parliament – Sessions, Procedures, Motions, Committees etc

Disqualification of Sitting MP: The Conundrum

op-ed snap | Polity | Mains Paper 2: Parliament & State Legislatures,Representation Of People's Act
Note4Students

From UPSC perspective, the following things are important :

Prelims level: Constitutional provisions

Mains level: Disqualification of Member of parliament, Differential treatment of candidates and related Judgements

Central Idea

  • The instance where the Kerala High Court, in January this year, suspended the verdict passed by the Kavaratti District and Sessions Court (in an attempt to murder case) in which the then sitting Member of Parliament (MP) of Lakshadweep was sentenced to 10 years in jail. The issue is on whether disqualification for conviction is final or whether it can be revoked. This issue can arise whenever a legislator is disqualified.

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The background: Facts are as follows

  • The facts are as follows. Mr. Faizal The then sitting MP of Lakshadweep was convicted by the Kavaratti sessions court on January 11 for attempt to murder, and sentenced to 10 years imprisonment.
  • On January 13, the Lok Sabha announced that he was disqualified as an MP with effect from the date of conviction.
  • On January 18, the Election Commission of India (ECI) fixed February 27 as the date for by-election to that constituency, with the formal notification to be issued on January 31.
  • Faizal appealed to the Kerala High Court for a stay on his conviction and sentence, which the High Court suspended on January 25.
  • The High Court suspended Faizal Faizal’s conviction due to the cost of a parliamentary election and the disruption of developmental activities in Lakshadweep.
  • Faizal challenged the ECI’s announcement in the Supreme Court of India. On January 30, the ECI said it was deferring the election.

The specific provisions

  • The provision for disqualification is given in Article 102 of the Constitution: It specifies that a person shall be disqualified for contesting elections and being a Member of Parliament under certain conditions. These include holding an office of profit, being of unsound mind or insolvent, or not being a citizen of India. It also authorises Parliament to make law determining conditions of disqualifications.
  • The Representation of the People Act (RPA), 1951: The RPA provides that a person will be disqualified if convicted and sentenced to imprisonment for two years or more. The person is disqualified for the period of imprisonment and a further six years.
  • Exception for the sitting members: There is an exception for sitting members; they have been provided a period of three months from the date of conviction to appeal; the disqualification will not be applicable until the appeal is decided.

A case of differential treatment of candidates

  • Challenges under Article 14 of the constitution: The differential treatment of candidates for elections and sitting members was challenged under Article 14 (right to equality).
  • Prabhakaran vs P. Jayarajan: A Constitution Bench of the Supreme Court, in 2005 (K. Prabhakaran vs P. Jayarajan), decided that the consequences of disqualifying a contestant and a sitting member were different.
  • Reasoning behind treating differently: The strength of the party in the legislature would change, and could have an adverse impact if a government had a thin majority. It would also trigger a by-election. Therefore, it was reasonable to treat the two categories differently.
  • Lily Thomas vs Union of India: In 2013, a two-judge Bench of the Supreme Court again considered whether this exception was constitutionally invalid (Lily Thomas vs Union of India). It stated that Article 102 empowers Parliament to make law regarding disqualification of a person for being chosen as, and for being, a member of either House of Parliament.
  • Exception for sitting members was unconstitutional: The judgment stated that making an exception for sitting members was against the constitution. As per Article 101, if a Member of Parliament is disqualified under Article 102, their seat will become vacant immediately. This means that if the conditions outlined in Article 102 are met, the disqualification will take effect automatically and immediately.

What is the confusion?

  • In Navjot Singh Sidhu case, Supreme Court stayed his conviction: Navjot Singh Sidhu, an MP, was convicted and sentenced to three years imprisonment. He resigned from his seat but wanted to contest the election and appealed for a stay on his conviction. In 2007, the Supreme Court stayed his conviction, which removed the disqualification until the appeal was decided, allowing him to contest the election.
  • Question arises In Kerala case: The Lakshadweep seat was declared vacant, but the Election Commission of India (ECI) announced deferring the by-election after a stay order was granted. The Lok Sabha has kept the seat vacant and has not reinstated the MP. The question is whether the disqualification can be backdated, as if it never happened, and the election avoided. Or, whether the disqualification is removed only from the date of the stay order, and the vacated seat can be filled only through a by-election.
  • Conundrum and Implications: The conundrum arises because the Lily Thomas judgment requires the seat to be vacated immediately upon disqualification, whereas the Kerala High Court stay aims to keep the MP in the seat until the appeal is decided. The answer to this issue will have implications for similar cases in the future.

Conclusion

  • As India continues to strengthen its democratic system, one important issue that needs resolution is determining the correct answer for when a disqualification is removed for a sitting member of parliament who has been granted a stay on their conviction. The conflicting court judgments and constitutional provisions only highlight the need for a clear and definitive resolution to this issue, which will undoubtedly enhance the credibility and legitimacy of the Indian political system.

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Judicial Reforms

Debating the Abolition of Judicial Vacations

Explained | Polity | Mains Paper 2: Executive & Judiciary
Note4Students

From UPSC perspective, the following things are important :

Prelims level: Judicial Vacations

Mains level: Issues with Judicial Vacations

Central Idea

  • The longstanding tradition of judicial vacations in India has come under scrutiny as a parliamentary committee.
  • Recent remarks by Chief Justice DY Chandrachud reignited discussions on the allocation of vacation days to Indian judges, shedding light on the intricate dynamics of judicial work patterns and the rationale behind vacation allotments.

Vacation in Judiciary

  • Judicial Workdays: The Supreme Court has 193 working days annually, High Courts function around 210 days, and trial courts operate for 245 days. High Courts possess the authority to structure their calendars as per service rules.
  • Long-standing Practice: The practice of vacations, particularly the extensive 7-week (formerly 10-week) summer recess, has its origins in colonial times.

Understanding Vacation Benches

  • Composition and Role: The CJI appoints a Vacation Bench, a specialized court that operates during the Supreme Court’s summer and winter breaks. Although the court is not fully closed during vacations, this bench handles cases deemed “urgent matters.”
  • Urgent Cases: While there is no explicit definition for “urgent matters,” the Vacation Bench typically entertains writs associated with habeas corpus, certiorari, prohibition, and quo warranto, all related to enforcing fundamental rights.
  • Rule 6 of Order II of the Supreme Court Rules, 2013: Under this rule, the CJI nominates Division Benches for urgent miscellaneous and regular hearing matters during the summer vacation period. The rule allows for the appointment of judges to hear urgent cases individually or in a Division Court.

Historical Significance and Notable Cases:

  • Impactful Decisions: Vacation Benches have delivered significant judgments in the past. A well-known instance is when a Vacation Bench Judge refused PM Indira Gandhi’s plea to stay an Allahabad High Court decision in 1975, which led to the Emergency declaration.
  • Triple Talaq Case: In 2017, a Vacation Bench of the Supreme Court heard the triple talaq case during vacation days.

Debates and Arguments Surrounding Vacation Benches

[A] Arguments in Favor:

  • Judicial Rejuvenation: Advocates emphasize the need for vacation periods to provide judges with mental and physical rejuvenation.
  • Extended Work Hours: Considering the demanding nature of judicial work, proponents assert that the long working hours necessitate periodic breaks.
  • Writing Judgments: Judges use vacation time to draft judgments, contributing to the timely disposal of cases.

[B] Arguments Against:

  • Pendency and Delays: Critics argue that the extended and frequent vacations exacerbate the backlog of cases and contribute to the slow pace of justice delivery.
  • Inconvenience to Litigants: For litigants, vacations translate to additional delays in case hearings.

Calls for Reform

  • Malimath Committee (2000): The committee proposed reducing vacation periods by 21 days, advocating for the Supreme Court to operate for 206 days and High Courts for 231 days annually.
  • Law Commission of India (2009): The commission recommended curtailing vacations by 10-15 days and extending court working hours to address the substantial backlog of cases.
  • Supreme Court’s 2014 Rule Change: The Supreme Court truncated the summer vacation period from 10 weeks to seven weeks.
  • RM Lodha Commission (2014): It suggested that individual judges should take leave at different times throughout the year instead of having all judges on vacation at once.

Proposed Approach and Suggested Changes

  • Continuous Operation: The 133rd committee supports the notion that individual judges should take their leave at different intervals, thereby ensuring that the courts remain open throughout the year.
  • Redefined Judicial Vacations: The parliamentary report calls for a reevaluation of the traditional concept of vacations, advocating for a more modern and efficient approach to court operation.
  • Comparison with Other Countries: The report suggests that the vacation practices of the Supreme Court and High Courts should be reviewed in comparison to other countries’ higher courts and constitutional institutions.

Conclusion

  • The debate surrounding the abolition of judicial vacations in India emphasizes the necessity for a dynamic and effective approach to court operations.
  • While the tradition has historical significance, the current judicial landscape calls for a re-evaluation of practices to ensure efficient functioning, address the backlog of cases, and minimize inconveniences to litigants.

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Agricultural Sector and Marketing Reforms – eNAM, Model APMC Act, Eco Survey Reco, etc.

Agriculture: An Inclusive Model of Madhya Pradesh

op-ed snap | Economics | Mains Paper 3: Agriculture and related issues,Inclusive Growth & Issues
Note4Students

From UPSC perspective, the following things are important :

Mains level: Diversified portfolio in crops, Inclusive and sustainable growth.

Agriculture

Central Idea

  • India is today a $3.5 trillion economy. As per the IMF forecast, If the current growth trend continues, the country is likely to be a $5.4 trillion economy by 2027.  No wonder, Prime Minister Narendra Modi has termed the next 25 years, when India completes 100 years of Independence, as Amrit Kaal. There are lessons from Madhya Pradesh’s agriculture model for inclusive sustainable growth.

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India’s Growth trajectory

  • India seems to be on the right path and is doing pretty well especially when compared to its progress in the first six decades after 1947.
  • As per IMF, it took India almost 59 years since Independence to become a $0.95 trillion economy in 2006. But then it became a $2.3 trillion economy by 2016 it added $1.35 trillion in 10 years.
  • In 2022, it became a $3.5 trillion economy by adding $1.2 trillion in just six years. If India stays this course, the country could rise to a $25 to $30 trillion economy by 2047.

How inclusive is this growth?

  • Inclusiveness measurement and performance: Inclusiveness is measured by looking at the record of the laggard states, especially the so-called BIMARU states (Bihar, Madhya Pradesh, Rajasthan and Uttar Pradesh), and also the performance of the agricultural sector that engages the largest share of workforce 46.5 per cent in 2020-21.
  • Performance of GDP at the state level: The country averaged a GDP growth of 6.7 per cent per annum in this period and its agri GDP growth stood at 3.8 per cent per annum. This is satisfying, though not as outstanding as China’s performance.
  • Of all the major states: Gujarat topped the list in overall GDP growth at 8.9 per cent closely followed by Uttarakhand (8.7 per cent), Telangana (8.6 per cent) and Haryana (8 per cent). At the bottom of this list were Jammu and Kashmir (5.2 per cent), Assam (5.4 per cent), West Bengal (5.5 per cent), Uttar Pradesh (5.6 per cent) and Jharkhand (5.7 per cent).
  • Madhya Pradesh (MP): MP is the only state whose agriculture contribution to overall GDP has increased to 40 per cent, as against 18.8 percent at the all-India level its model should aptly be described as inclusive and sustainable.
  • Jharkhand: Jharkhand has performed exceptionally well in agriculture with a growth rate of 6.4 per cent per annum, largely driven by diversification towards horticulture and livestock.
  • Punjab: In contrast, the Green Revolution champion Punjab hasn’t done well. Its Agri-GDP growth was a meagre 2 per cent per annum over this period.

Inclusive and sustainable Model of Madhya Pradesh

  • Highest growth rate: Madhya Pradesh has performed very well it has clocked the highest growth rate in agriculture at 7.3 per cent. Its overall GDP growth is a respectable 7.5 per cent.
  • Agri-GDP growth is above India Agri-GDP growth: The state’s agri-GDP growth is way above the all India agri-GDP growth and the state is a shining example of doubling the contribution of horticulture in its value of agriculture and allied sector.
  • Well-diversified portfolio in agriculture: MP has made its mark as a top-notch player in tomato, garlic, mandarin oranges, pulses especially gram and soyabean cultivation. MP is also the second-largest producer of wheat after UP, and the third-largest milk producer after UP and Rajasthan.
  • Doubled irrigation coverage: It is following a well-diversified portfolio in agriculture while doubling irrigation coverage from 24 to 45.3 per cent of its gross cropped area over the last two decades.

Conclusion

  • Madhya Pradesh agriculture model suggests that a well-diversified portfolio in crops is behind the high growth in the farm sector. This is inclusive and sustainable and offers a path for other Indian states.

Mains Question

Q. A well-diversified portfolio in crops could be an engine of high growth in India’s farm sector. Discuss. Support your answer with an illustration.

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Organ & Tissue Transplant- Policies, Technologies, etc.

Organ transplant rules In India: A Significant Step

op-ed snap | Governance | Mains Paper 2: Health & Education
Note4Students

From UPSC perspective, the following things are important :

Prelims level: NA

Mains level: Liberalizing organ transplant rules in India

transplant

Central Idea

  • The changes to the organ transplant rules announced by the Union health ministry last week, are small, but significant, steps towards giving a new lease of life to many people with failing organs. Despite of performing the third-the greatest number of transplants in the world, only about 0.01 percent of Indians donate their organs after death, according to the World Health Organization.

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What are the changes introduced?

  • No age ceiling for organ receivers: With the new changes, patients who are 65 years and older can now register for receiving organs from a deceased donor. Now an individual of any age can register for organ transplant.
  • Previously: Previously, the upper age limit for registering patients requiring organs from deceased donors was 65 years, but this ceiling has now been removed.
  • No domicile criteria for receivers: Eliminate the domicile criterion for registering to receive organs, so that patients in need can register in any state.
  • Previously: Currently, certain states restrict registration for deceased organ donors to only those who are domiciled in the state or give them preference. Organs harvested in one state are first shared with other hospitals within the same state, then in the region and then share nationally on the occasion that no match was found.
  • No registration fees: The ministry has also requested that states not impose any fees on patients seeking registration for organ transplantation, as it violates the 2014 Transplantation of Human Organs and Tissues Rules.
  • Previously: States such as Maharashtra, Kerala, Gujarat, and Telangana charge between Rs 5,000 and Rs 10,000 to register patients who need an organ replacement. The health ministry has rightly directed these states to stop charging this fee.

Where does India stand?

  • Third Highest number of transplants in the world: India conducts the third highest number of transplants in the world every year. Yet barely four per cent of the patients who require a liver, heart or kidney transplant manage to get one.
  • Organ transplants has significantly increased over the past decade: According to latest available official data, the number of organ transplants has significantly increased over the past decade. In 2013, there were 4,990 organ transplants, whereas in 2022, there were 15,561 a jump of 211 percent.
  • Kidney transplants: Specifically, the number of kidney transplants from living donors increased by approximately 181 percent from 3,495 in 2013 to 9,834 in 2022. The number of kidney transplants from deceased donors increased by approximately 193 percent from 542 in 2013 to 1,589 in 2022.
  • Liver transplants: The total number of liver transplants from living donors increased by approximately 350 percent from 658 in 2013 to 2,957 in 2022, and from deceased donors, it increased by approximately 217 percent from 240 in 2013 to 761 in 2022. Deceased donors account for nearly 17 percent of all transplants in India.
  • Heart and Lung transplants: The total number of heart transplants increased by approximately 733 percent from 30 in 2013 to 250 in 2022, while lung transplants increased by approximately 500 percent from 23 to 138.
  • Government hospitals fall behind: Furthermore, private hospitals lead in organ transplants while numbers in government hospitals remain relatively low, sources said.

transplant

Challenges to Organ Donation in India

  • Lack of awareness: There is a lack of awareness among the general public about the importance of organ donation, the legal framework governing it, and the procedures involved. This can limit the number of potential donors.
  • Cultural beliefs and superstitions: In India, there are several cultural beliefs and superstitions that discourage organ donation. Some people believe that organ donation is against religious beliefs, or that it can impact the soul or afterlife.
  • Lack of infrastructure: India faces a shortage of hospitals and medical facilities that are equipped to handle organ transplantation. This can limit the availability of organs for transplantation.
  • Regulatory bottlenecks: While the legal framework exists, there is a lack of implementation and enforcement of the law. This can lead to issues such as organ trafficking and black-market activities.

Did you know?

  • NOTTO Scientific Dialogue 2023 was organized to bring all the stakeholders under one roof to brainstorm ideas about interventions and best practices in the organ and tissue transplant field that can be taken up for saving lives.

What is National Organ and Tissue Transplant Organization (NOTTO)?

  • NOTTO is a national level organization set up under Directorate General of Health Services, Ministry of Health and Family Welfare, Government of India.
  • It has following two divisions:
  • National Human Organ and Tissue Removal and Storage Network: It functions as apex Centre for All India activities of coordination and networking for procurement and distribution of Organs and Tissues and registry of Organs and Tissues Donation and Transplantation in the country
  • National Biomaterial Centre: The main thrust & objective of establishing the centre is to fill up the gap between ‘Demand’ and ‘Supply’ as well as ‘Quality Assurance’ in the availability of various tissues. The centre will take care of the Tissue allografts such as Bone and bone products, Skin graft, Cornea and Heart valves and vessel.

Conclusion

  • The percentages are very likely to go up once the changes in the rules announced last week take effect. The organ shortage problem is, however, a complex one, that continues to confound planners, even in nations whose healthcare systems are far better equipped than that of India’s. There is a need to expand the number of institutions where surgeries and transplants are undertaken. A uniform policy, will help patients in seeking transplant from deceased donors at any hospital in the country, giving them a lot of flexibility.

Mains Question

Q. Despite of performing the third-the greatest number of transplants in the world, only about 0.01 percent of Indians donate their organs after death. Discuss the recent changes in the rules of transplantation suggested by Union Health Ministry.

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Goods and Services Tax (GST)

GST Appellate Tribunal gets nod

| Governance | Mains Paper 2: Statutory, Regulatory & Various Quasi-Judicial Bodies
Note4Students

From UPSC perspective, the following things are important :

Prelims level: GST, GST Council

Mains level: Read the attached story

The GST Council reached a broad consensus on setting up GST Appellate Tribunal; likely to be included in Finance Bill 2023.

What is GST Appellate Tribunal?

  • The GST Appellate Tribunal is a quasi-judicial body proposed to be established to resolve disputes related to the Goods and Services Tax (GST) in India.
  • It will function as an independent body to hear appeals against orders passed by the GST authorities or the Appellate Authority.
  • The tribunal will be composed of a national bench and various regional benches, headed by a chairperson appointed by the central government.
  • The proposed tribunal is expected to help expedite the resolution of disputes related to GST and reduce the burden on the judiciary.

Under GST, if a person is not satisfied with the decision passed by any lower court, an appeal can be raised to a higher court, the hierarchy for the same is as follows (from low to high):

  1. Adjudicating Authority
  2. Appellate Authority
  3. Appellate Tribunal
  4. High Court
  5. Supreme Court

Why need such Tribunal?

  • Unburden judiciary: GST Appellate Tribunal will help resolve the rising number of disputes under the 68-month old indirect tax regime that are now clogging High Courts and other judicial fora.
  • Improve efficiency of GST System: Overall, the establishment of the GST Appellate Tribunal is expected to improve the efficiency and effectiveness of the GST system in India.
  • Independent mechanism: The proposed Tribunal will provide an independent and efficient mechanism for resolving disputes related to GST.
  • Avoid tax evasion: It will help to expedite the resolution of disputes, reduce the burden on the judiciary, and promote greater certainty and predictability in the GST system.

Issues with present litigation

  • Compliance issues: The GST system is relatively new in India, having been implemented in 2017, and there have been several issues with compliance and interpretation of rules and regulations.
  • Complex adjudication hierarchy: The current dispute resolution mechanism involves multiple layers of adjudication, starting with the GST officer and as mentioned above.
  • Time consuming process: This process can be time-consuming, costly, and burdensome for taxpayers, especially small and medium-sized enterprises.

How is it being established?

  • The proposed GST Appellate Tribunal is expected to be included in the Finance Bill 2023.
  • This means that it will become a part of the central government’s budget, and will have legal standing.

Do you know?

Income Tax Appellate Tribunal (ITAT) was the first Tribunal in India to be created on 25th January, 1941 and is also known as ‘Mother Tribunal’! And it functions under the Ministry of Law and Justice and not the obvious looking Ministry of Finance.

Back2Basics: What is a Finance Bill?

  • A Finance Bill is a proposed legislation that is introduced by the government to implement the financial proposals of the Union Budget for the upcoming financial year in India.
  • It is a comprehensive document that outlines the government’s revenue and expenditure for the year, including changes in tax laws, tariffs, customs duties, and other fiscal measures.
  • Since the Union Budget deals with these things, it is passed as a Finance Bill.

Types of Finance Bills

  • There are different kinds of Finance Bills — the most important of them is the Money Bill. The Money Bill is concretely defined in Article 110.
  • In India, there are three types of Finance Bills that can be introduced in the Parliament:
  1. Annual Finance Bill: This is the most common type of Finance Bill and is introduced by the government every year to give effect to the tax proposals announced in the Union Budget. It contains provisions related to taxation, expenditure, and revenue collection for the upcoming financial year.
  2. Finance Bill (Money Bill): A Money Bill is a type of Finance Bill that contains only provisions related to taxation and expenditure, but does not include any other matter. Money Bills are deemed to be passed by the Lok Sabha, the lower house of Parliament, and do not require approval from the Rajya Sabha, the upper house of Parliament.
  3. Finance Bill (Non-Money Bill): This type of Finance Bill contains provisions related to taxation and other matters, such as changes in the structure of regulatory bodies or the introduction of new policies. Unlike Money Bills, Non-Money Bills must be passed by both the Lok Sabha and the Rajya Sabha to become law.

How is money bill different from Finance Bill?

  • A Money Bill is certified by the Speaker as such — in other words, only those Financial Bills that carry the Speaker’s certification are Money Bills.
  • Article 110 states that a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters:

(a) the imposition, abolition, remission, alteration or regulation of any tax;

(b) the regulation of the borrowing of money or any financial obligations undertaken

(c) the custody of the consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawal of moneys from any such Fund;

(d) the appropriation of moneys out of the consolidated Fund of India;

(e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure;

(f) the receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money or the audit of the accounts of the Union or of a State; or

(g) any matter incidental to any of the matters specified in sub clause (a) to (f)

 

 

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Capital Markets: Challenges and Developments

The National Land Monetisation Corporation (NLMC)

| Economics | Mains Paper 3: Indian Economy
Note4Students

From UPSC perspective, the following things are important :

Prelims level: NLMC

Mains level: Land Monetization

The National Land Monetisation Corporation (NLMC) has decided to involve international property consultancy firms to speed up the process of making money by selling or leasing the land owned by the government.

What is NLMC?

  • NLMC is a Special Purpose Vehicle (SPV) announced in the Union Budget 2021-22 to carry out monetisation of government and surplus land holdings of public sector undertakings (PSU).
  • It falls under the administrative jurisdiction of the Ministry of Finance and is set up with an initial authorised share capital of ₹5,000 crore and a paid-up capital of ₹150 crore.
  • It is a firm, fully owned by the government, to carry out the monetisation of government and public sector assets in the form of surplus, unused or underused land assets.

Aims and objectives

  • Monetize underutilised or unused land parcels of Central Public Sector Enterprises (CPSEs)
  • Facilitate the monetisation of assets belonging to PSUs that have ceased operations or are in line for a strategic disinvestment.
  • Transfer of revenue rights: When the government monetises its assets, it essentially means that it is transferring the revenue rights of the asset (could be idle land, infrastructure, PSU) to a private player for a specified period of time.
  • Govt as facilitator: In such a transaction, the government gets in return an upfront payment from the private entity, regular share of the revenue generated from the asset, a promise of steady investment into the asset, and the title rights to the monetised asset.

Significant outcomes of land monetization

  • Maximum value realization: It will help monetise them in an efficient and professional manner, maximizing the scope of value realisation.
  • Speed up the process: The setting of the NLMC will speed up the closure process of the CPSEs and smoothen the strategic disinvestment process.
  • Capitalize land assets: It will also enable productive utilisation of these under-utilized assets by setting in motion private sector investments.
  • Economic revitalization: It will boost new economic activities such as industrialisation, boosting the local economy by generating employment and generating financial resources for potential economic and social infrastructure.
  • Advisory to the govt: Besides managing and monetising, the NLMC will act as an advisory body and support other government entities and CPSEs in identifying their surplus non-core assets.

Need for land monetization

There are different reasons why the government monetizes its assets.

  • New sources of revenue: One of them is to create new sources of revenue essential to fulfil the government’s target of achieving a $5 trillion economy.
  • Plummeting underutilized assets: Monetisation is also done to unlock the potential of unused or underused assets by involving institutional investors or private players.
  • Capital generation: It is also done to generate resources or capital for future asset creation, such as using the money generated from monetisation to create new infrastructure projects.

Possible challenges for NLMC

(1) Volatile market situation

  • The performance and productivity of the NLMC will also depend on the government’s performance on its disinvestment targets.
  • In FY 2021-22, the government has hardly been able to raise expected amounts through various forms of disinvestment.

(2) Issues with transfer of rights

  • The process of asset monetisation does not end when the government transfers revenue rights to private players.
  • Identifying profitable revenue streams for the monetised land assets, ensuring adequate investment by the private player and setting up a dispute-resolution mechanism are also important tasks.

(3) Unattractiveness of PPP Model

  • Posing as another potential challenge would be the use of Public Private Partnerships (PPPs) as a monetisation model.
  • For instance, the results of the Centre’s PPP initiative launched in 2020 for the Railways were not encouraging.

(4) Red tapism

  • The success of the initiative will depend on a range of factors, including the availability of suitable land parcels, market demand etc.
  • It will be highly dependent upon the ability of the government to execute the transactions efficiently.

Conclusion

  • The government’s move to monetize its vast land assets is aimed at reducing the fiscal burden and boosting infrastructure development in the country.
  • By bringing in international property consultants to help with the process, the government hopes to improve efficiency and transparency, and maximize the returns on its land assets.
  • If successful, the government’s land monetization drive could provide a much-needed boost to the economy and create new opportunities for private investment in the real estate sector.

 

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Capital Markets: Challenges and Developments

How is the Stock Market regulated in India?

| 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: SEBI, Stock Market, Shares

Mains level: Read the attached story

stock

The Supreme Court asked the Securities and Exchange Board of India (SEBI) and the government to produce the existing regulatory framework in place to protect investors from stock market volatility.

Central idea

  • After short-seller Hindenburg Research published a report accusing the Adani Group of stock market manipulation and accounting fraud, its shares plummeted.
  • Investors were reported to have lost lakhs of crores.

Laws governing the Indian Stock Market

  • The securities market in India is regulated by four key laws —
  1. Securities and Exchange Board of India Act, 1992 (SEBI Act)
  2. Securities Contracts (Regulation) Act, 1956 (SCRA) and
  3. Depositories Act, 1996
  4. Companies Act, 2013
  • The framing of these laws reflect the evolution and development of the capital market in India.

Brief explanation of each acts-

(1) Securities and Exchange Board of India Act, 1992 (SEBI Act)

(2) Securities Contracts (Regulation) Act, 1956 (SCRA)

  • The SCRA empowers SEBI to recognise (and derecognise) stock exchanges, prescribe rules and bye laws for their functioning, and regulate trading, clearing and settlement on stock exchanges.

(3) Depositories Act, 1996

  • As part of the development of the securities market, Parliament passed the Depositories Act and SEBI made regulations to enforce the provisions.
  • This Act introduced and legitimised the concept of dematerialised securities being held in an electronic form.
  • Today almost all the listed securities are held in dematerialised form.

(4) Companies Act, 2013

  • It is an Act of the Parliament on Indian company law that regulates incorporation of a company, responsibilities of a company, directors, and dissolution of a company.
  • It stipulates the type of Companies that can be formed such as- Public Ltd., Pt. Ltd., One Person Company ex.

Key role-player: SEBI

  • SEBI set up the infrastructure for doing this by registering depositories and depository participants.
  • The depository regulations empower SEBI to regulate functioning of depositories and depository participants by prescribing eligibility conditions, periodic inspections and powers to impose penalties including suspending or cancelling the registration as well as monetary penalties.

You should know this!

Shares and stocks both represent ownership in a company, but they are not the same thing

  • A share is a unit of ownership in a company. It represents a portion of the company’s capital, and the shareholder is entitled to a corresponding portion of the company’s profits or losses.
  • A company can issue different types of shares with varying rights, such as voting rights or dividend payments.
  • Stock, on the other hand, is a broader term that refers to the total capital raised by a company through the issuance of shares.
  • It represents the ownership of a company as a whole, rather than an individual unit of ownership.
  • So, shares are a component of stock, and owning shares of a company means owning a portion of the company’s stock. Stock represents the aggregate value of a company and includes all its shares.

Can SEBI step in to curb market volatility?

  • No direct meddling: While SEBI does not interfere to prevent market volatility, exchanges have circuit filters — upper and lower — to prevent excessive volatility.
  • Issue directions: SEBI can issue directions to those who are associated with the market, and has powers to regulate trading and settlement on stock exchanges. Using these powers, SEBI can direct stock exchanges to stop trading, totally or selectively.
  • Instant regulation: It can also prohibit entities or persons from buying, selling or dealing in securities, from raising funds from the market and being associated with intermediaries or listed companies.

What about stock exchanges?

  • The SCRA has empowered SEBI to recognise and regulate stock exchanges and later commodity exchanges in India; this was earlier done by the Union government.
  • In fact, the term “securities” is defined in the SCRA and powers to declare an instrument as a security remain vested in SEBI.
  • The rules and regulations made by SEBI under the SCRA relate to listing of securities like equity shares, the functioning of stock exchanges including control over their management and administration.
  • These include powers to determine the manner in which a settlement is done on stock exchanges (and to keep them with the times for e.g. T+1) etc.
  • It seeks to protect the interests of investors by creating an Investor Protection Fund for each stock exchange.

Safeguards against fraud

  • Fraud undermines regulation and prevents a market from being fair and transparent. To prevent the two key forms of fraud, market manipulation, and insider trading, SEBI notified-
  1. Prohibition of Fraudulent and Unfair Trade Practices Regulations, 1995
  2. Prohibition of Insider Trading Regulations, 1992
  • These regulations, read with provisions of the SEBI Act, define species of fraud, who is an insider and prohibit such fraudulent activity and provide for penalties including disgorgement of ill-gotten gains.
  • It must be noted that violation of these regulations are predicate offences that can lead to a deemed violation of the Prevention of Money Laundering Act.

Do you know?

  • SEBI has been given the powers of a civil court to summon persons, seize documents and records, attach bank accounts and property, and to carry out investigations.
  • Using these powers, SEBI has acted against entities and individuals like Satyam, Sahara India, Ketan Parekh and Vijay Mallya.

 

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Wildlife Conservation Efforts

Underwater noise emissions pose threat to Indian Marine species: Study

Prelims Only | Enviro & Biodiversity | Mains Paper 3:
Note4Students

From UPSC perspective, the following things are important :

Prelims level: UNE

Mains level: Noise Pollution

noise

Central idea: The rising man-made (anthropogenic) underwater noise emissions (UNE) from ships in the Indian waters are posing a threat to the life of marine mammals like Bottlenose Dolphin, Manatees, Pilot Whale, Seal, and Sperm Whale.

What is Underwater Noise Emissions (UNE)?

  • Underwater noise emissions (UNE) refer to sounds that are produced underwater as a result of various human activities such as shipping, oil and gas exploration, military sonar, and construction.
  • UNE can have a significant impact on marine life, as many marine animals rely on sound for communication, navigation, and foraging.
  • Excessive underwater noise can interfere with these activities, and can even cause physical harm to marine animals in some cases.
  • As a result, there is growing concerned about the potential impact of UNE on marine ecosystems, and efforts are being made to better understand and mitigate these impacts.

UNE and marine life

  • Impacts behavioural aspects: The main form of energy for multiple behavioural activities of marine mammals, which include mating, communal interaction, feeding, cluster cohesion and foraging, is based on sound.
  • Threats posed by UNE: The sound that radiates from ships on a long-term basis affects them and results in internal injuries, loss of hearing ability, change in behavioural responses, masking, and stress.

Key findings about Indian waters

  • Continuous shipping movement is identified to be a major contributor to the increase in the global ocean noise level.
  • The UNE or underwater sound pressure levels in the Indian waters are 102-115 decibels, relative to one microPascal (dB re 1µ Pa).
  • The East Coast level is slightly higher than that of the West, where there is an increase by a significant value of about 20 dB re 1µPa.
  • “The frequencies of ships’ underwater self-noise and machinery vibration levels are overlapping the marine species’ communication frequencies in the low-frequency range of less than 500 Hz.
  • This is called masking, which could have led to a change in the migration route of the marine species to the shallow regions and also making it difficult for them to go back to the deeper water.

 

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Global Geological And Climatic Events

Diyodar meteorite in 2022 was India’s first Aubrite in 170 years

Prelims Only | Science Tech | Mains Paper 3: Awareness in various sc and tech fields
Note4Students

From UPSC perspective, the following things are important :

Prelims level: Diyodar Meteorite

Mains level: Not Much

meteorite

Central idea: A rare and unique meteorite, known as the Diyodar meteorite, was discovered in Banaskantha, Gujarat in December 2022. It is significant because it is the first aubrite to be found in India in 170 years.

What are Aubrites?

  • Aubrites are a type of meteorite that are believed to have formed on a different planet in the early solar system.
  • They are known for their unusual mineralogy and composition and are believed to have originated from a differentiated parent body, such as an asteroid or a planetesimal.
  • They are primarily composed of a mineral called enstatite, which is a magnesium-rich silicate. They also contain other minerals such as nickel-iron, troilite, and chromite.
  • Aubrites are relatively rare, comprising only about 0.1% of all known meteorites.
  • They are believed to have formed under highly reducing conditions, with very little oxygen present.

Meteorite found in Diyodar, Gujarat

  • The Diyodar meteorite is thought to be around 4.5 billion years old, and it is believed to have originated from the asteroid belt between Mars and Jupiter.
  • Its discovery provides scientists with an opportunity to study the composition and structure of these unique meteorites.
  • This, in turn, can help researchers to better understand the early solar system and the processes that led to the formation of planets.

Its composition

  • Around 90% of the meteorite was composed of orthopyroxene.
  • Pyroxenes are silicates consisting of single chains of silica tetrahedra (SiO 4); orthopyroxenes are pyroxenes with a certain structure.
  • Pyroxenes such as diopside and jadeite have been used as gems. Spodumene was historically used as lithium ore.
  • Rocks with pyroxene have also been used to make a crushed stone that is used in construction.

 

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Higher Education – RUSA, NIRF, HEFA, etc.

The question in the minds of students: How to be future-ready?

op-ed snap | Science Tech | Mains Paper 2: Health & Education
Note4Students

From UPSC perspective, the following things are important :

Prelims level: NA

Mains level: Rapidly changing technology ,Higher education, challenges and opportunities

students

Central Idea

  • Intelligent Machines are revealing glimpses of a future envisaged long ago in science fiction as they steadily morph from human-assist systems to systems-as-human. The currently indispensable face obsolescence. The question in the minds of students entering college is this: How to be future-ready?

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Learn quickly to swim through these rapidly evolving times

  • Work at the edges of disciplines: Now, one not only needs to be competent in a major area but also learn new topics quickly and deeply and be able to work at the edges of disciplines, while innovating constantly.
  • Skills are new oil: Capability is judged not only by grades, but also by skills demonstrated in complex situations.
  • Rapidly changing times: Worth will also be measured vis-a-vis Artificial Intelligence. Critical and original thinking, quality communication, IQ-EQ balance, and ethics will remain important strengths for swimming through these rapidly evolving times.
  • Change is already in the air: Students and institutions are evolving, the former much faster, to assimilate advancements and prepare for the times ahead.
  • Colleges must enable students to follow flexible pathways: There are options for dual degrees, minors, specialisations across disciplines in their home institutions as well as certifications from worldwide venues. External experiences like internships in industry, academia, research institutions and start-ups add value to a candidate’s capability repertoire.

students

What is needed to prepare for entering the world?

  1. Move across disciplines
  • A combination of core and transdisciplinary professional competence: To be prepared for the future, one needs to learn new things quickly and thoroughly, constantly sharpening one’s cutting edge. This attitude needs to be ingrained at this stage.
  • Average performance and shallow knowledge are a recipe for disaster: It is also necessary to demonstrate personal excellence in a few relevant areas. Completing tasks well is really important.
  1. Learn to add value to machine intelligence
  • Grasp and utilise Automation effectively: Automation is not only relieving us of mundane work but slowly and steadily encroaching upon tasks meant for so-called intelligent humans and doing them better. One must effectively grasp and utilise it rather than fear and shy away.
  • For instance, learn from open sources: Many students are building amazingly smart systems using open-source platforms and off-the-shelf components with ambitions to take on giants.
  • Using Artificial Intelligence with consciously: Learning to add value to machine intelligence for solving complex problems better is the mantra here. For this, one needs to understand how it works, what are its current limitations and pitfalls, develop deeper insights and innovate. Blind usage of Artificial Intelligence could be dangerous.
  1. Learn to collaborate
  • Ability to work both alone as well as in a group: The next proficiency to develop is to be able to work both alone as well as in a group, to creatively ideate, lead and collaborate towards success. Often, people who work alone find it difficult working in a team and vice versa. Now both aptitudes are required.
  • Entrepreneurial spirit of sprinting is must: One requires a special bonding of steadiness with speed, constant ideation with dogged persistence. Such an entrepreneurial spirit of sprinting a long-distance race steadily, sometimes in a team, sometimes alone will be needed at every stage of a career, whether at the peak of success or in the trenches of failure.
  1. Remain human
  • Intellectual-emotional balance: Technology has an interesting way of transforming human beings into automatons without the victim being aware. With extensive usage, people begin to think and behave the way machines work. Therefore, a critical aspect to nurture is to remain human.
  • Learn to replenish the mind and body regularly: It is vital to nourish a soulful side through sports, arts, culture, philosophy and humanitarian work, not just as part of a curriculum, but as a passion where one can be blissfully immersed, forgetting everything else for some time.

students

Conclusion

  • In the rapidly-evolving world, the key to success is to be future-ready by developing a unique combination of skills that set us apart from machines. Colleges and universities must enable students to follow flexible pathways, combining core and transdisciplinary professional competence, completing tasks well, and developing personal excellence in relevant areas. By embracing these ideas and staying ahead of the curve, we can be confident in our ability to thrive in an increasingly automated and technology-driven world.

Main question

Q. The future of society is not as much dependent on whether machines will become human-like but more on whether humans will become machines. Discuss

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Terrorism and Challenges Related To It

An Overview : UAPA and The Concerns

op-ed snap | Security Issues | Mains Paper 3:
Note4Students

From UPSC perspective, the following things are important :

Prelims level: UAPA, TADA, POTA

Mains level: UAPA, misuse and necessity

UAPA

Central Idea

  • India’s anti-terror law, the Unlawful Activities (Prevention) Act (UAPA), has been misused and turned into a tool of terror. There are two examples of this misuse in recent times. In 2021, Muhammad Manan Dar, a young Kashmiri photojournalist, was arrested and imprisoned for documenting the daily lives of common Kashmiris with his camera. A year earlier, another journalist, Sidheeque Kappan, was charged with participating in a plot to ignite rioting in Hathras, Uttar Pradesh.

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Unlawful (Activities) Prevention Act (UAPA)

  • Background: The Unlawful Activities (Prevention) Act is an anti-terrorism law in India that was first introduced in 1967.
  • Purpose: The purpose of UAPA is to prevent unlawful activities that threaten the sovereignty and integrity of India.
  • Amendments: UAPA has undergone several revisions since its introduction, with each revision making the law more stringent. Till 2004, “unlawful” activities referred to actions related to secession and cession of territory. Following the 2004 amendment, terrorist act was added to the list of offences.
  • Provisions: UAPA provides for the designation of individuals and organizations as “terrorists” and allows for their arrest and detention without trial for up to 180 days.
  • Criticisms: UAPA has been criticized for being used to stifle dissent and suppress political opposition. Critics argue that the law is vague and overbroad, allowing for its misuse and abuse.

What is Terrorist and Disruptive Activities (Prevention) Act (TADA)?

  • Overview: TADA was an anti-terrorism law in India and enacted in 1985 and was in force until 1995. It was enacted to strengthen the legal framework to deal with terrorist activities in India.
  • Provisions: TADA provided for the detention of suspects without trial for up to 180 days. It also allowed the setting up of special courts to conduct trials in cases related to terrorism and provided for the admissibility of confession made to a police officer. TADA also made certain activities punishable as terrorist acts, including illegal arms trade, financing terrorism, and disrupting the sovereignty of India.
  • Criticism: TADA was also criticized for its vague and broad definition of terrorism, which allowed for the targeting of political dissidents.
  • Repeal: TADA was allowed to lapse in 1995 after it was deemed to be incompatible with the Indian Constitution and the principles of democracy and the rule of law. The law was replaced with the Prevention of Terrorism Act (POTA) in 2002, which was also criticized for its draconian provisions and misuse by law enforcement agencies.

What is Prevention of Terrorism Act 2004 (POTA)?

  • Objective: To provide the government with legal tools to combat terrorism and punish those who support or engage in terrorist activities.
  • Key Provisions: Broad powers to investigate and prosecute individuals suspected of terrorism-related activities. Power to detain suspects for up to 180 days without charge. Use of confessions made to police officers as evidence in court
  • Criticism: Potential for misuse and infringement on civil liberties. Could be used to target religious and ethnic minorities. Could be used to silence political dissent
  • Repealed: 2004 by the United Progressive Alliance government, citing concerns about misuse and potential for human rights abuses.
  • Replacement: Some provisions of POTA were incorporated into the Unlawful Activities Prevention Act (UAPA), which remains in force in India today.

Worrying statistics

  • UAPA has one of the worst records for prosecution success.
  • According to a PUCL report in 2022, less than 3 per cent of arrests made under the UAPA resulted in convictions between 2015 and 2020.
  • Only 1,080 of the 4,690 people detained under the UAPA between 2018 and 2020 received bail, according to the report.
  • Unlike TADA and POTA, UAPA has never been constitutionally reviewed. Its repeated abuse is a blot on our democracy.

UAPA

Some of the key concerns regarding the UAPA

  • Misuse: The UAPA has been criticized for being misused by authorities to target human rights defenders, activists, and dissenters. Critics argue that the act has been used to stifle free speech and to quell any form of peaceful protests.
  • Lack of accountability: The UAPA allows for the designation of an individual or organization as a terrorist entity, without providing adequate means for challenge or appeal, which many argue is against the principles of natural justice.
  • Vagueness: The definitions of “terrorist acts” under the UAPA are broad and vague, and can be interpreted in a way that infringes on the freedom of speech and assembly, leading to the potential for misuse.
  • Restrictions on bail: The UAPA has provisions that make it difficult for people charged under the act to obtain bail, as it requires that the accused show that they are not guilty, shifting the burden of proof from the prosecution to the accused.
  • Excessive punishment: The UAPA provides for harsh punishments, including life imprisonment and the death penalty, for offenses related to terrorism, which many argue are disproportionate and infringe on human rights.

Why UAPA is necessary?

  • Legal tools to investigate: The UAPA provides the government with legal tools to investigate and prosecute individuals and organizations involved in terrorist activities.
  • Special courts to conduct trials: It allows for the setting up of special courts to conduct trials in cases related to terrorism and provides for stringent punishment for offenses related to terrorism. It also allows the government to designate individuals or organizations as terrorist entities and freeze their assets.
  • Necessary measure to maintain sovereignty and integrity: The act is aimed at countering not just terrorism but also other forms of unlawful activities, such as organized crime, money laundering, and trafficking. It is considered to be a necessary measure to maintain the sovereignty and integrity of the nation, and to protect the lives and property of its citizens.
  • To balance national security and civil liberties: It is necessary to strike a balance between national security and protection of civil liberties. The act can be an effective tool in the fight against terrorism, as long as it is implemented in a fair and just manner and its provisions are not misused to stifle legitimate forms of dissent or activism.

Conclusion

  • Concerns over the UAPA highlight the need for a balanced approach in the fight against terrorism, one that protects national security while also ensuring the protection of fundamental rights and freedoms.

Mains question

Q. UAPA is continuously in the headlines from the time of its inception. Discuss the concerns and necessity of such Act.

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