Note4Students
From UPSC perspective, the following things are important :
Prelims level: Peninsular Rock Agama
Mains level: Not Much
A study carried out by researchers from Indian Institute of Science (IISc), Bengaluru, undertook to characterise urbanisation in the region and also to understand where the rock agama reside in and around Bengaluru specifically.
Why in news?
- The study examined several environmental factors that could affect the presence of the lizard and revealed that they are found mainly in rocky places and warm spots.
- Thus, the inference is that conservation efforts must point towards retaining rocky patches even while reviving landscapes by planting trees.
Peninsular Rock Agama
- The Peninsular Rock Agama (Psammophilus dorsalis) is a type of garden lizard has a strong presence in southern India.
- This lizard is a large animal, strikingly coloured in orange and black.
- They do not generate their own body heat, so they need to seek warmth from external sources like a warm rock or a sunny spot on the wall.
- They are important in ecology from different aspects — they can indicate which parts of the city are warming, and their numbers show how the food web is changing.
- Habitat loss and other such features of urbanisation have affected the presence of the animal in urban centres.
Why study them?
- Insects are critical components of a healthy ecosystem as they provide so many services, including pollination.
- So, while rock agamas are interesting in themselves, they are also a good model system to understand other aspects of the ecosystem.
- In cities such as Bengaluru, there is a lot of flora and fauna that is rapidly disappearing.
- The rock agama is one such species which is dependent on rocky scrub habitats which are being converted into buildings and plantations.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: india pakistan relation
Pakistan’s Finance Minister has stated that the government may consider importing vegetables and other edible items from India following the destruction of standing crops due to the massive floods in the region.
Why in news?
- This statement comes after three years when Islamabad downgraded trade ties with New Delhi over the abrogation of Article 370 in Kashmir in 2019.
- The fundamentalist country sees ties with India as against the spirit of religion and betrayal to the so-called Kashmir cause.
A U-turn by Pakistan
- Pakistan’s double U-turn on resuming trade with India highlights the internal differences within the country.
- There are huge differences between business and political communities, and the emphasis on politics over economy and trade.
- It also signifies Pakistan cabinet’s grandstanding, linking normalisation of ties with India to Jammu and Kashmir.
What is the news?
- Pakistan has sought to import only three items from India, namely cotton, yarn and sugar.
- It has no consensus on resuming bilateral trade completely.
- This is based on Pakistan’s immediate economic needs and not designed as a political confidence-building measure to normalise relations with India.
What changed Pakistan’s mind?
(1) Decline of Textile sector
- For the textile and sugar industries in Pakistan, importing from India is imperative, practical and is the most economic.
- Yarn, cotton cloth, knitwear, bedwear and readymade garments form the core of Pakistan’s textile basket in the export sector.
- By February 2020, there was a steep decline in the textile sector due to disruptions in supply and domestic production.
- This is definitely due to dumping of cheap Chinese goods.
- When compared to the last fiscal year (2019-20), there has been a 30% decline (2020-21) in cotton production.
Do you know?
Pakistan is the fifth-largest exporter of cotton globally, and the cotton-related products (raw and value-added) earn close to half of the country’s foreign exchange.
(2) Crisis in the sugar industry
- When compared to cotton, the sugar industry’s problem stem from different issues — the availability for local consumption and the steep price increase.
- The sugar industry has prioritised exports over local distribution.
- Increased government subsidy and a few related administrative decisions resulted in the sugar industry attempting to make a considerable profit by exporting it.
- As a result, importing sugar from India would be cheaper for the consumer market in Pakistan.
In a nutshell
- Clearly, the crises in cotton and sugar industries played a role in the ECC’s decision to import cotton, yarn and sugar from India.
- It would not only be cheaper but also help Pakistan’s exports.
- This is also imperative for Pakistan to earn foreign exchange.
Why all these have made headlines these days?
- Pakistan is closer to bankruptcy like any other Chinese vassal state.
- The second takeaway from the two U-turns — is the supremacy of politics over trade and economy, even if the latter is beneficial to the importing country.
- For the cabinet, the interests of its own business community and its export potential have become secondary.
- However, Pakistan need not be singled out; this is a curse in South Asia, where politics play supreme over trade and economy.
- The meagre percentage of intra-South Asian Association for Regional Cooperation (SAARC) trade and the success (or the failure) of SAARC engaging in bilateral or regional trade would underline the above.
- Trade is unlikely to triumph over politics in South Asia; especially in India-Pakistan relations.
The Kashmir link
- The third takeaway is the emphasis on Jammu and Kashmir by Pakistan to make any meaningful start in bilateral relations.
- This goes against what it has been telling the rest of the world that India should begin dialogue with Pakistan.
- Recently, both Pakistan’s PM and the Chief of Army Staff, Qamar Javed Bajwa, were on record stating the need to build peace in the region.
- Bajwa even talked about “burying the past” and moving forward.
- There were also reports that Pakistan agreeing to re-establish the ceasefire along the Line of Control (LoC) was a part of this new strategy.
Conclusion
- The latest statement by Pakistan’s cabinet that unless India revokes the 2019 decision in Jammu and Kashmir, there would be no forward movement.
- This position also hints at Pakistan’s precondition to engage with India.
- Pakistan has been saying that the onus is on India to normalise the process.
- Perhaps, it is New Delhi’s turn to tell Islamabad that it is willing, but without any preconditions, and start with trade.
- It may even allow New Delhi to inform Pakistan’s stakeholders about who is willing to trade and who is reluctant.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: particulars of artemis mission
Mains level: NA
NASA’s Artemis 1 mission has sought unexpected delay due to fuel leakages issue.
What is the Artemis I Mission?
- NASA’s Artemis mission is touted as the next generation of lunar exploration, and is named after the twin sister of Apollo from Greek mythology.
- Artemis is also the goddess of the moon.
- Artemis I is the first of NASA’s deep space exploration systems.
- It is an uncrewed space mission where the spacecraft will launch on SLS — the most powerful rocket in the world — and travel 2,80,000 miles from the earth for over four to six weeks during the course of the mission.
- The Orion spacecraft is going to remain in space without docking to a space station, longer than any ship for astronauts has ever done before.
- The SLS rocket has been designed for space missions beyond the low-earth orbit and can carry crew or cargo to the moon and beyond.
Key objectives of the mission
- With the Artemis Mission, NASA aims to land humans on the moon by 2024, and it also plans to land the first woman and first person of colour on the moon.
- With this mission, NASA aims to contribute to scientific discovery and economic benefits and inspire a new generation of explorers.
- NASA will establish an Artemis Base Camp on the surface and a gateway in the lunar orbit to aid exploration by robots and astronauts.
- The gateway is a critical component of NASA’s sustainable lunar operations and will serve as a multi-purpose outpost orbiting the moon.
Other agencies involved
- Other space agencies are also involved in the Artemis programme.
- The Canadian Space Agency has committed to providing advanced robotics for the gateway.
- The European Space Agency will provide the International Habitat and the ESPRIT module, which will deliver additional communications capabilities among other things.
- The Japan Aerospace Exploration Agency plans to contribute habitation components and logistics resupply.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: jurisprudence of bail
What is Bail?
- Bail is the conditional release of a defendant with the promise to appear in court when required.
- The term also means the security that is deposited in order to secure the release of the accused.
Types of Bail in India
- Depending upon the sage of the criminal matter, there are commonly three types of bail in India:
- Regular bail: A regular bail is generally granted to a person who has been arrested or is in police custody. A bail application can be filed for the regular bail under section 437 and 439 of CrPC.
- Interim bail: This type of bail is granted for a short period of time and it is granted before the hearing for the grant of regular bail or anticipatory bail.
- Anticipatory bail: Anticipatory bail is granted under section 438 of CrPC either by session court or High Court. An application for the grant of anticipatory bail can be filed by the person who discerns that he may be arrested by the police for a non-bailable offense.
Conditions for Grant of Bail in Bailable Offences
- Section 436 of the Code of Criminal Procedure, 1973, lays down that a person accused of a bailable offense under IPC can be granted bail if:
- There are sufficient reasons to believe that the accused has not committed the offence.
- There is sufficient reason to conduct a further inquiry in the matter.
- The person is not accused of any offence punishable with death, life imprisonment or imprisonment up to 10 years.
Conditions for Grant of Bail in Non-Bailable Offences
- Section 437 of Code of Criminal Procedure, 1973 lays down that the accused does not have the right to apply for bail in non-bailable offences.
- It is discretion of the court to grant bail in case of non-bailable offences if:
- The accused is a woman or a child, bail can be granted in a non-bailable offence.
- There is a lack of evidence then bail in non-Bailable offenses can be granted.
- There is a delay in lodging FIR by the complainant, bail may be granted.
- The accused is gravely sick.
What is the recent ruling about?
- The Supreme Court underlined that arrest is a draconian measure that needs to be used sparingly.
- The ruling is essentially a reiteration of several crucial principles of criminal procedure.
Why bail needs reform?
- Huge pendency of undertrials: Referring to the state of jails in the country, where over two-thirds lodged are undertrials,
- Indiscriminate arrests: Of this category of prisoners, majority may not even be required to be arrested despite registration of a cognizable offense, being charged with offenses punishable for seven years or less.
- Disadvantageous for some sections: They are not only poor and illiterate but also would include women. Thus, there is a culture of offense being inherited by many of them.
- Colonial legacy: Theoretically, the court also linked the idea of indiscriminate arrests to magistrates ignoring the rule of “bail, not jail” to a colonial mindset.
What is the law on bail?
- The CrPC does not define the word bail but only categories offences under the Indian Penal Code as ‘bailable’ and ‘non-bailable’.
- The CrPC empowers magistrates to grant bail for bailable offences as a matter of right.
- This would involve release on furnishing a bail bond, without or without security.
And what is the UK law?
- The Bail Act of the United Kingdom, 1976, prescribes the procedure for granting bail.
- A key feature is that one of the aims of the legislation is “reducing the size of the inmate population”.
- The law also has provisions for ensuring legal aid for defendants.
- The Act recognises a “general right” to be granted bail.
What has the Supreme Court held on reforms?
The court’s ruling is in the form of guidelines, and it also draws the line on certain procedural issues for the police and judiciary:
- Separate law on Bail: The court underlined that the CrPC, despite amendments since Independence, largely retains its original structure as drafted by a colonial power over its subjects.
- Uniform exercise of discretionary powers: It also highlighted that magistrates do not necessarily
- Avoid indiscriminate arrests: The SC also directed all state governments and Union Territories to facilitate standing orders to comply with the orders and avoid indiscriminate arrests.
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From UPSC perspective, the following things are important :
Prelims level: FRBM act
Mains level: Fiscal health of states
Context
- The Central government’s alarm has been on the mounting debt burden and the deteriorating fiscal situation in some States due to diversion in fiscal prudence.
- As both the Union government and States are expected to work closely in a co-operative federal structure, frictions arising out of these exchanges might have repercussions on both resource sharing and expenditure prioritisation.
What is India’s fiscal federalism?
- Fiscal federalism refers to the financial relations between the country’s federal government system and other units of government.
- It refers to how federal, state, and local governments share funding and administrative responsibilities within our federal system.
Three issues in India’s fiscal federalism
- First: are a set of issues related to Goods and Services Tax (GST) such as the rate structure, inclusion and exclusion of commodities, revenue sharing from GST and associated compensation.
- Second: State-level expenditure patterns especially related to the welfare schemes of States.
- Third: the conception and the implementation of central schemes.
Meaning of fiscal prudence
- Fiscal prudence is defined as the ability of a government to sustain smooth monetary operation and long-standing fiscal condition.
Where should state government spend the borrowed money?
- Fundamental infrastructure: Ideally, governments should use borrowed money to invest in physical and social infrastructure that will generate higher growth, and thereby higher revenues in the future so that the debt pays for itself.
- Targeted expenditure only: On the other hand, if governments spend the loan money on populist giveaways that generate no additional revenue, the growing debt burden will eventually implode.
Why there is a need for Fiscal Council?
- Institutionalizing fiscal practices: With a complex polity and manifold development challenges, India need institutional mechanisms for fiscal prudence.
- Transparency: An independent fiscal council can bring about much needed transparency and accountability in fiscal processes across the federal polity.
- Fiscal prudence: International experience suggests that a fiscal council improves the quality of debate on public finance, and that, in turn, helps build public opinion favourable to fiscal discipline.
- Fiscal consolidation is defined as concrete policies aimed at reducing government deficits and debt accumulation.
Why fiscal consolidation is needed?
- Fiscal expansion financed through debt and the resultant debt accumulation have important impacts on the economy both in the short run as well as in the long run.
How to achieve fiscal consolidation?
- Better targeting of government subsidies and extending Direct Benefit Transfer scheme for more subsidies
- Improved tax revenue realization For this, increasing efficiency of tax administration by reducing tax avoidance, eliminating tax evasion, enhancing tax compliance etc. are to be made.
- Enhancing tax GDP ratio by widening the tax base and minimizing tax concessions and exemptions also improves tax revenues.
Suggestions
- Amend FRBM Act for complete disclosure: First, the FRBM Acts of the Centre as well as States need to be amended to enforce a more complete disclosure of the liabilities on their exchequers.
- Centre should impose conditionalities: Under the Constitution, States are required to take the Centre’s permission when they borrow. The Centre should not hesitate to impose conditionalities on wayward States when it accords such permission.
- Use of financial emergency provision: There is a provision in the Constitution of India which allows the President to declare a financial emergency in any State if s/he is satisfied that financial stability is threatened.
- Course correction by the Centre: The Centre itself has not been a beacon of virtue when it comes to fiscal responsibility and transparency. It should complete that task in order to command the moral authority to enforce good fiscal behaviour on the part of States.
Conclusion
- Fiscal correction at the State level is important. While there exists a need for raising additional resources at the sub-national levels, expenditure prioritisation has to be carried out diligently. The Centre, too, on its part needs to demonstrate commitment to fiscal discipline by sticking to announced fiscal glide path to ensure the sustainability of a frictionless cooperative federal structure.
Mains question
Q. Why Fiscal correction at the State level is important? Why fiscal consolidation is needed? Write in context frictionless cooperative fiscal federal structure.
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From UPSC perspective, the following things are important :
Prelims level: article 51 a
Mains level: scientific literacy
Context
- India has not produced any Nobel Prize winner in science in the last 85 years — largely because of the lack of a scientific environment in the country.
What is scientific temper?
- Jawaharlal Nehru coined the term ‘scientific temper’; he defines it as an attitude of logical and rational thinking. An individual is considered to have scientific temper if she employs the scientific method when making decisions.
Why it is important?
- Scientific temper is very important for bringing forth a progressive society. It is free from superstitions. Irrational practices in developing the nation are in all aspects like political, economic and social.
Its components
- The vital parts of scientific temper are discussion, argument, and analysis. Various elements like fairness, equality, and democracy. The most important characteristic of a scientific temper is: – untiring search for truth with an open mind and spirit of inquiry.
Constitutional mandate of scientific temper
- In 1976, the Government of India reemphasised its commitment to cultivate scientific temper through a constitutional amendment (Article 51A).
- Article 51A in the 42nd Amendment of the Constitution in 1976 says “It shall be the duty of every citizen of Indian to develop the scientific temper, humanism and the spirit of enquiry and reform.”
Importance of scientific temper in nation building
- Formation of public policy: Scientific temperament can become a part of the policy formation and plan through analyzing the performance of our nations, especially all the hardships and shortfalls that occurred in the past years.
- Self -Reliance: There is a relationship between scientific temperament and becoming self-reliant. Our country is becoming self-reliant with the available technology and industrial infrastructure.
- Quality education: It will help the children to assimilate the knowledge acquired through the practical observations in a scientific framework; thus, laying down a basis for the growth of a scientific perspective in the children.
Challenges before scientific temper
- Political unwillingness: Most of the policymakers and the politicians to increase their vote banks include the stagnant ideologies and beliefs of the people in their public policies, and the government tends to give away in the popular public opinion rather than try to improve their thinking by including a more scientific approach to the various societal problems.
- Prevalent orthodoxy: In India, people still have an orthodox ideology and will not adhere to the scientifically obtained solutions.
- Low budget: Even after seventy years of independence, Indian Scientists are working on tight budgets, and they don’t have resources like other nations for conducting scientific research.
- Pseudoscience: Pseudoscience is everywhere, whether in denying the science of climate change or the evolution theory that explains the secret of diversity that we see around us.
Value addition / case study / Innovation
An IIT Kanpur alumni Mr.Arvind Gupta tries to inculcate a spirit of inquiry among children through toys made from inexpensive everyday items.
What can be done?
- Directional efforts: Activities focused on school children can be undertaken like nature walks, visit to museums etc. ‘Science Express’, a collaborative effort of Ministry of railways and Ministry of Environment & Forests & Climate Change, is a progressive step because it provides a platform that can expose children and common people in far-flung areas of the country to scientific aspects of our everday life.
- Policy initiatives: Children’s Science Congress organized by National Council for Science & Technology Communication (NCSTC) is a good way to encourage scientific temper in children.
- Public initiative: Civil Society organizations like, Kerala Sastra Sahitya Parishad (KSSP) and Delhi Science Forum, which are People’s Science Movement, can also go a long way in boosting scientific temper amongst the community.
- From Sensationalism to Sensible Science Journalism:The media must monitor the content to discourage and limit superstition and blind belief.
- Scientific journalism: Science communicators do the critical job of bridging the gap between science, society, and policymakers. Science journalism should be promoted at the university level. Science agencies should fund science communication activities in their domains.
- From Exclusive to Inclusive Science: Inequitable participation concerning gender and social diversity must be eliminated. The ‘open source science’ or ‘open science’ movement includes, at the core, open access, open data, open-source, and available standards that offer unfettered dissemination of scientific discourse.
- Open science: Government has a significant role in facilitating open science and promoting and preserving a free-thinking, open-minded society.
Conclusion
- Let’s hope that someday all cultures free themselves from the shackles of blind faith with science likely to play a major hand in this endeavour. Unto a similar goal, we should celebrate India’s constitutional provision for the scientific temper and vigorously safeguard it.
Mains question
Q. The shrinking space for scientific temper in India today is worrisome for some reasons. Do you think so? Identify these reasons and suggest way forward for scientific future of India.
Discuss the importance of scientific temper, what kind of public culture is needed to advance it? 10 Marks
Q.4 Explain why superstitious beliefs and practices abound in India. In this context, discuss the importance of inculcating scientific temper to remove superstitions. (10 Marks)
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From UPSC perspective, the following things are important :
Prelims level: Community forest rights
Mains level: Tribal welfare
Context
- There is a surge in demand by forest communities to not only access the resources of their habitat, but also to establish their ownership over forests as forest rights act in not meeting its objective.
What is the news?
- Residents of 18 villages in Chhattisgarh’s Udanti Sitanadi Tiger Reserve blocked the busy National Highway 130C.
What tribal people say?
- “We need forest resources for survival. Being a tiger reserve, we already lead a life with many restrictions. There is no power supply, access to grazing lands is non-existent and we cannot undertake construction works,” says Arjun Nayak of Nagesh, one of the 18 villages in Gariaband district.
- The Forest Rights Act (FRA), 2006 recognizes the rights of the forest dwelling tribal communities and other traditional forest dwellers to forest resources, on which these communities were dependent for a variety of needs, including livelihood, habitation and other socio-cultural needs.
- It aimed to protect the marginalised socio-economic class of citizens and balance the right to environment with their right to life and livelihood.
What are individual rights under FRA act?
- The Act encompasses Rights of Self-cultivation and Habitationwhich are usually regarded as Individual rights.
- Community Rights as Grazing, Fishing and access to Water bodies in forests, Habitat Rights for PVTGs, Traditional Seasonal Resource access of Nomadic and Pastoral community, access to biodiversity, community right to intellectual property and traditional knowledge, recognition of traditional customary rights and right to protect, regenerate or conserve or manage any community forest resource for sustainable use.
Case study / Value addition
Chargaon village, Dhamtari district, Chhattisgarh
Migration has drastically reduced due to economic benefits after getting CFRR. Success in improving quality of tendu leaves with better management practices, increasing income.
Issues with Forest rights act
- Non responsive states: The forest rights claims of these tribes and forest-dwellers are mostly rejected by the States.
- Improper claims: Being poor and illiterate, living in remote areas, they do not know the appropriate procedure for filing claims.
- Low awareness: The gram sabhas, which initiate the verification of their claims, are low on awareness of how to deal with them.
Why are forest rights important for tribals?
- Justice: Aimed at undoing the “historic injustice” meted out to forest-dependent communities due to curtailment of their customary rights over forests, the FRA came into force in 2008.
- Livelihood: It is important as it recognises the community’s right to use, manage and conserve forest resources, and to legally hold forest land that these communities have used for cultivation and residence.
- Conservation: It also underlines the integral role that forest dwellers play in the sustainability of forests and in the conservation of biodiversity.
Conclusion
Despite the contentious and debatable nature of this law, the importance and necessity of the FRA, 2006 can not be negated completely. The law assumes even more significant importance when the country is a developing economy and is full-fledged following the path of capitalism, thus making it even more substantial to provide a redressal mechanism for vulnerable and marginalised communities and groups, such as the Adivasis and the other similar tribes, from the necessary evil of development and infrastructural growth while also safeguarding their traditions, heritage and identity that forms an important part of the nation’s cultural diversity as well.
Mains question
Q. There is a surge in demand by forest communities to not only access the resources of their habitat, but also to establish their ownership over forests. In this context analyse the issues with working of FRA 2006.
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From UPSC perspective, the following things are important :
Prelims level: Aadhaar
Mains level: Data Privacy and Aadhaar
Reports have surfaced online of instances where block level officers have asked individuals to link their Aadhaar with their Voter IDs, failing which their Voter IDs could be cancelled.
What is the news?
- This furore comes in the aftermath of the Election Commission’s (EC) campaign to promote the linkage of Voter ID and Aadhaar that began on August 1.
- In the first ten days since its launch, the campaign saw almost 2.5 crore Aadhaar holders voluntarily submitting their details to the EC.
Aadhaar-Voter ID linkage: Why does the government want this?
- The EC conducts regular exercises to maintain an updated and accurate record of the voter base.
- A part of this exercise is to weed out duplication of voters.
- There have been migrant workers who may have been registered more than once on the electoral rolls in different constituencies or for persons registered multiple times within the same constituency.
- As per the government, linkage of Aadhaar with voter IDs will assist in ensuring that only one Voter ID is issued per citizen of India.
Is the linking of Aadhaar with one’s Voter ID mandatory?
- In December 2021, Parliament passed the Election Laws (Amendment) Act, 2021 .
- This was to amend the Representation of the People Act, 1950 and Section 23(4) was inserted in the RP Act.
- It states that the electoral registration officer may require voters to furnish their Aadhaar numbers to verify Authencity of voters list.
Why is it making headlines now?
- There has been the use of discretionary language throughout the amendments.
- This has been accompanied by assurances that linkage is optional by both the government and the EC.
- Alternative is provided to only who does not have an Aadhaar number.
- To that extent, the limited element of choice that has been incorporated in the amendments seem to be negated or at the very least thrown into confusion.
Why there is such proposal for linking?
The preference to use Aadhaar for verification and authentication, both by the state and private sector, stems from few reasons:
- Increase in UID-holders: First, at the end of 2021, 99.7% of the adult Indian population had an Aadhaar card.
- Most versatile document: This coverage exceeds that of any other officially valid document such as driver’s licence, ration cards, PAN cards etc. that are mostly applied for specific purposes.
- Reliable source of authentication: Since Aadhaar allows for biometric authentication, Aadhaar based authentication and verification is considered more reliable, quicker and cost efficient when compared to other IDs.
Issues with mandatory linking: Puttaswamy judgment highlights
- Puttaswamy judgment: The above reasons do not suffice the mandating of Aadhaar except in limited circumstances as per the Puttaswamy judgment.
- Indispensability of the purpose: It needs to be considered whether such mandatory linkage of Aadhaar with Voter ID would pass the test of being “necessary and proportionate” to the purpose of de-duplication which is sought to be achieved.
- Constitutional ambiguity: In Puttaswamy, one of the questions that the Supreme Court explored was whether the mandatory linking of Aadhaar with bank accounts was constitutional or not.
- Against informational autonomy: It is the right to privacy which would allow a person to decide which official document they want to use for verification and authentication.
Other judicial observations: Lal Babu Hussein (1995) Case
- The Supreme Court had held that the Right to vote cannot be disallowed by insisting only on four proofs of identity.
- The voters are entitled to rely on any other proof of identity and obtain the right to vote.
What are the operational difficulties?
- Aadhaar is not a citizenship proof: The preference to Aadhaar for the purposes of determining voters is puzzling as Aadhaar is only a proof of residence and not a proof of citizenship.
- Excluding non-citizens is not easy: Verifying voter identity against this will only help in tackling duplication but will not remove voters who are not citizens of India from the electoral rolls.
- Estimate of error rates in biometric based authentication: This certainly differs. As per the UIDAI in 2018, Aadhaar based biometric authentication had a 12% error rate.
- Disenfranchisement of existing voters: Errors have led to the disenfranchisement of around 30 lakh voters in AP and Telangana before the Supreme Court stalled the process of linkage.
Key concern: Right to Privacy
- Some civil societies has highlighted that linking of the two databases of electoral rolls and Aadhaar could lead to the linkage of Aadhaar’s “demographic” information with voter ID information.
- This could lead to violation of the right to privacy and surveillance measures by the state.
- This would leave the EC with the option of verifying its information only through door-to-door checks.
- There is a lack of enforceable data protection principles that regulate how authentication data will be used.
What lies ahead?
- Even as the amendments have been made and the EC has launched a campaign for linkage, a writ petition has filed with the Supreme Court challenging the same.
- It challenges the amendments as being violative of the right to privacy.
- The Supreme Court has transferred the writ to the Delhi High Court.
- In the meantime, it is important that the government clarifies through a correction in Form 6B that the linking is not mandatory.
- The govt should expedite the enactment of a data protection legislation that allays concerns of unauthorized processing of personal data held by the government.
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From UPSC perspective, the following things are important :
Prelims level: Nuclear Non-proliferation Treaty
Mains level: Read the attached story
Russia has blocked the agreement on the final document of a four-week review of the Nuclear Non-proliferation Treaty (NPT).
Why in news?
- The NPT review conference is supposed to be held every five years but was delayed because of the COVID-19 pandemic.
- This marked the second failure of its 191 state parties to produce an outcome document.
- The last review conference in 2015 ended without an agreement because of serious differences over establishing a Middle East zone free of weapons of mass destruction.
About Nuclear Non-proliferation Treaty (NPT)
- Between 1965 and 1968, the treaty was negotiated by the Eighteen Nation Committee on Disarmament, a United Nations-sponsored organization based in Geneva, Switzerland.
- Opened for signature in 1968, the treaty entered into force in 1970.
- The NPT is an international treaty whose objective is
- To prevent the spread of nuclear weapons and weapons technology
- To promote cooperation in the peaceful uses of nuclear energy and
- To further the goal of achieving nuclear disarmament and general and complete disarmament
- The treaty defines nuclear-weapon states as those that have built and tested a nuclear explosive device before 1 January 1967; these are the United States (1945), Russia (1949), the United Kingdom (1952), France (1960), and China (1964).
Non-members of the treaty
- Four UN member states have never accepted the NPT, three of which possess or are thought to possess nuclear weapons: India, Israel, and Pakistan.
- In addition, South Sudan, founded in 2011, has not joined.
Issues in Nuclear Disarmament
- Notion of Nuclear ‘Haves’ and ‘Have-Nots’: The proponents of disarmaments are themselves nuclear armed countries thus creating a nuclear monopoly.
- Concept of Peaceful Nuclear Explosion (PNE): conducted for non-military purposes such as mining.
Why didn’t India join NPT?
- India is one of the only five countries that either did not sign the NPT or signed but withdrew, thus becoming part of a list that includes Pakistan, Israel, North Korea, and South Sudan.
- India always considered the NPT as discriminatory and had refused to sign it.
- India maintains that they are selectively applicable to the non-nuclear powers and legitimised the monopoly of the five nuclear weapons powers.
India’s commitment for de-nuclearization
India has always batted for a universal commitment and an agreed global and non-discriminatory multilateral framework.
- It has outlined a working paper on Nuclear Disarmament submitted to the UN General Assembly in 2006.
- India participated in the Nuclear Security Summit process and has regularly participated in the International Conferences on Nuclear Security organised by the International Atomic Energy Agency (IAEA).
- India is also a member of the Nuclear Security Contact Group (but has signed off the Nuclear Non-Proliferation Treaty (NPT)).
- India has expressed its readiness to support the commencement of negotiations on a Fissile Material Cut-off Treaty (FMCT).
- India couldn’t join the Comprehensive Nuclear-Test-Ban Treaty (CTBT) due to several concerns raised by India.
- India has piloted an annual UNGA Resolution on “Measures to Prevent Terrorists from Acquiring Weapons of Mass Destruction” since 2002, which is adopted by consensus.
Way forward
- India has actively supported and contributed to the strengthening of the global nuclear security architecture.
- There is a need for the international community to pay closer attention to the illicit proliferation of networks of nuclear weapons, their delivery systems, components and relevant technologies.
- India hopes that the international community will continue to work towards realising our collective aspiration for a nuclear weapon-free world.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Perks and privileges to Judges
Mains level: Not Much
The Centre amended the Supreme Court Judges Rules the second time in a week to provide chauffeurs (car driver) and domestic help for retired Chief Justices of India and Supreme Court judges for their entire lifetime.
Perks for Retired CJs
- Retired CJIs would also get secretarial assistants.
- The staff would be paid the salary and allowances of regular employees of the Supreme Court.
- The first series of amendments in the Rules on August 23 had allowed retired Chief Justices of India and Supreme Court judges chauffeurs, secretarial assistants and security cover only for a year.
- There was no mention of “domestic help”, who would be an employee in the level of junior court assistant.
What else?
- The judiciary had recently raised concerns about attacks on judges.
- Hence the benefit of 24-hour security cover has been extended to five years for retired Chief Justices and three years for retired judges of the Supreme Court.
- Besides, former CJIs and retired judges of the top court can get their monthly mobile phone and Internet bills reimbursed to the extent of ₹4,200.
- A retired CJI is also entitled to a rent-free Type VII accommodation, other than the designated official residence, in New Delhi for six months immediately after retirement.
Why such move?
- The government is one of the biggest litigants in the Supreme Court.
- There has been public debate on whether post-retirement benefits dangled by the government could influence the judicial work of serving judges.
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From UPSC perspective, the following things are important :
Prelims level: Full Court Meeting
Mains level: Not Much
Within hours of taking over, the new Chief Justice of India Uday Umesh Lalit called a meeting of the ‘full court’ where the judges discussed how to deal with issues relating to listing and backlog of cases.
What is a Full Court Meeting?
- A full court meeting literally means one which is attended by all the judges of the court.
When is it held?
- There are no written rules dealing with this.
- As per convention, full-court meetings are called by the Chief Justice of India to discuss issues of importance to the judiciary.
- The senior designations of practising advocates in the Supreme Court and high courts are also decided during the full court meetings.
What is the significance of a full court meeting?
- The basic idea is to take everyone along.
- Full court meetings are an ideal occasion to arrive at common solutions to deal with problems that beset the country’s legal system and to make any amends, if necessary, in the administrative practices of the court.
How frequently is it held?
- As a full court meeting is convened at the discretion of the Chief Justice of India, it does not follow any particular calendar.
- Full court meetings have been held many times in the past.
- In March 2020, it was convened to discuss demands by associations of lawyers to close the court till further notice following the Covid-10 outbreak.
- Also, a full court meeting held on May 7, 1997 decided that “every Judge should make a declaration of all his/her assets in the form of real estate or investment” held in own name or in the name of spouse or any person dependent.
Do you know?
Justice Uday Umesh Lalit, sworn in as the 49th Chief Justice of India on Saturday, will be the sixth head of the Indian judiciary to have a tenure of less than 100 days.
Lalit will demit office on November 8 with a tenure of 74 days.
Justice Kamal Narain Singh, who was the CJI between November 25, 1991 and December 12, 1991, had a tenure of 18 days.
Justice S Rajendra Babu had a tenure of 30 days as the chief justice of India between May 2, 2004 and May 31, 2004.
Justice J C Shah had a tenure of 36 days when he was the CJI between December 17, 1970 and January 21, 1971.
Justice G B Patnaik had a 41-day tenure as the head of the Indian judiciary when he held the office of the CJI from November 8, 2002 to December 18, 2002.
Justice L M Sharma had a tenure of 86 days as the CJI when he was in office between November 18, 1992 and February 11, 1993.
Tap to read more about appointment of CJIs.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Positive Indigenisation List (PIL)
Mains level: Defence indigenization
In line with the effort to promote self-reliance in defence manufacturing, the Defence Minister has approved the third Positive Indigenisation List (PIL) of 780 strategically important line replacement units (LRU).
What is a Positive Indigenisation List (PIL)?
- The positive indigenisation list essentially means that the Armed Forces—Army, Navy, and Air Force—will only procure the listed items from domestic manufacturers.
- The manufacturers could be private sector players or Defense Public Sector Undertakings (DPSUs).
- This concept was rolled out in the Defence Acquisition Procedure (DAP) 2020.
Why in news?
- This third list is different from the three PILs announced for the armed forces.
- This list is in continuation to the two PILs of LRUs, sub-systems, assemblies, sub-assemblies and components that were published in December 2021 and March 2022.
- These lists contain 2,500 items which are already indigenised and 458 (351+107) items which will be indigenised within the given timelines.
- Out of the 458 items, 167 items (163 from the first PIL, and four from the second PIL) have been indigenised, so far, it stated.
Other steps taken by the Centre to boost defence production
- Licensing relaxation: Measures announced to boost exports since 2014 include simplified defence industrial licensing, relaxation of export controls and grant of no-objection certificates.
- Lines of Credit: Specific incentives were introduced under the foreign trade policy and the Ministry of External Affairs has facilitated Lines of Credit for countries to import defence product.
- Policy boost: The Defence Ministry has also issued a draft Defence Production & Export Promotion Policy 2020.
- Budgetary allocation: In addition, a percentage of the capital outlay of the defence budget has been reserved for procurement from domestic industry.
- Defence Industrial Corridors: The government has also announced 2 dedicated Corridors in the States of TN and UP to act as clusters of defence manufacturing that leverage existing infrastructure, and human capital.
- Long-term vision: The vision of the government is to achieve a turnover of $25 bn including export of $5 bn in Aerospace and Defence goods and services by 2025.
- Push for self-reliance: The govt has identified the Defence and Aerospace sector as a focus area for the ‘Aatmanirbhar Bharat’ or Self-Reliant India initiative.
Issues retarding defence indigenization
- Excess reliance on Public Sector: India has four companies (Indian ordnance factories, Hindustan Aeronautics Limited (HAL), Bharat Electronics Limited (BEL) and Bharat Dynamics Limited (BDL)) among the top 100 biggest arms producers of the world.
- Policy delays: In the past few years, the government has approved over 200 defence acquisition worth Rs 4 trillion, but most are still in relatively early stages of processing.
- Lack of Critical Technologies: Poor design capability in critical technologies, inadequate investment in R&D and the inability to manufacture major subsystems and components hamper the indigenous manufacturing.
- Long gestation: The creation of a manufacturing base is capital and technology-intensive and has a long gestation period. By that time newer technologies make products outdated.
- ‘Unease’ in doing business: An issue related to stringent labour laws, compliance burden and lack of skills, affects the development of indigenous manufacturing in defence.
- Multiple jurisdictions: Overlapping jurisdiction of the Ministry of Defence and Ministry of Industrial Promotion impair India’s capability of defence manufacturing.
- Lack of quality: The higher indigenization in few cases is largely attributed to the low-end technology.
- FDI Policy: The earlier FDI limit of 49% was not enough to enthuse global manufacturing houses to set up bases in India.
- R&D Lacunae: A lip service to technology funding by making token allocations is an adequate commentary on our lack of seriousness in the area of Research and Development.
- Lack of skills: There is a lack of engineering and research capability in our institutions. It again leads us back to the need for a stronger industry-academia interface.
Way forward
- Reducing import dependence: India was the world’s second-largest arms importer from 2014-18, ceding the long-held tag as the largest importer to Saudi Arabia, says 2019 SIPRI report.
- Security Imperative: Indigenization in defence is critical to national security also. It keeps intact the technological expertise and encourages spin-off technologies and innovation that often stem from it.
- Economic boost: Indigenization in defence can help create a large industry which also includes small manufacturers.
- Employment generation: Defence manufacturing will lead to the generation of satellite industries that in turn will pave the way for a generation of employment opportunities.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Taiwan Strait
Mains level: One China Policy
India has for the first time referred to what it called “the militarization of the Taiwan Strait”, marking a rare instance of New Delhi appearing to comment on China’s actions towards Taiwan.
What is the news?
- Two American warships have recently sailed very close to China through Taiwan Strait.
- This has intimidated the China which is already fuming due to the visit of Nancy Pelosi.
Taiwan Strait
- The Taiwan Strait is a 180-kilometer wide strait separating the island of Taiwan and continental China (and Asia of course).
- The strait is part of the South China Sea and connects to the East China Sea to the north.
- The narrowest part is 130 km wide.
Issues over Taiwan Strait
- The Taiwan Strait is itself a subject of an international dispute over its political status.
- China claims to enjoy sovereignty, sovereign rights and jurisdiction over the Taiwan Strait” and regards the waterway as “internal territorial waters” instead of being international waters.
- This means that the Chinese government denies any foreign vessel having the freedom of navigation in the strait.
- This position has drawn strong objections from the western World.
India’s change of stance
- India has followed a “One China policy” since its recognition of the PRC in 1949, and only maintains trade and cultural relations with Taiwan.
- India routinely reiterated this policy until 2008 after which it stopped mentioning it in official statements.
- This is a demand that China usually asks of most countries in official declarations.
Why is India shifting its stance?
- China often make provocative statements claiming Arunachal Pradesh.
- It often moves to issue “stapled visas” to Indian citizens in Jammu and Kashmir and Arunachal.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: solid waste management
Context
- Huge amounts of construction and demolition waste in a residential area is hazardous for human health and warrants immediate disposal.
Why in news?
- The Twin towers in Noida, Uttar Pradesh were demolished by controlled implosion. Their being located in a residential neighbourhood of Noida makes it even more essential to introduce interventions to mitigate pollution and waste, post-demolition.
What is construction and demolition waste?
- Construction and demolition wastes (CDW) are the status of building materials after the end life of buildings. CDW could be concrete, steel, wood products, asphalt shingles, and bricks from building.
- Waste management refers to the activities and actions required to manage waste from its start till its disposal. This includes collection, transport, treatment and disposal of waste together with monitoring and regulation.
Why they should be managed properly?
- Waste management and diligent planning becomes critical for regulation of humongous solid waste being generated every day. With growing urbanization and rise of smart cities on the offing the issue of solid waste management becomes even more imperative.
Data to remember
62 million tons of waste is generated annually in the country at present.
India manages to recover and recycle only about 1 per cent of its construction and demolition (C&D) waste, says new CSE analysis.
What are the impacts of construction waste on the environment and human health?
- Air: Disassembling and shredding of construction waste generate dust or large particulates into the surroundings and affects the respiratory health of waste management workers and others.
- Water: (Landfills are not properly designed to hold construction waste + Illegal dump sites + Improper recycling & disposal of e-waste) = compounds leach into the ground = Groundwater gets toxified due to heavy metals from demolition waste.
- Soil: Soil is contaminated by direct contact with contaminants from construction waste or its by-products from recycling & disposal + indirectly through irrigation. Soils become toxic when substances such as lead, mercury, cadmium, arsenic, and polychlorinated biphenyl’s (PCBs) are deposited in landfills. Contaminated soils have bad impacts on microbes and plants => the pollutants reach higher animals or humans through the food chain.
Construction And Demolition Waste Management Rules, 2016 – Salient Features
1.Duties of waste Generators
- Construction and demolition waste must be separated by each waste generator, and it must be deposited at a collection site or given to authorised processing companies.
- Should take care to prevent any trash or depositing that could block vehicles, the general public, or drains.
- Before beginning building, demolition, or remodelling work, large generators (those that create more than 20 tonnes or more in a single day or 300 tonnes per project in a month) must submit a waste management plan and obtain the necessary approvals from the local authorities.
- Large generators must have an environmental management strategy to address any environmental problems resulting from building and demolition work, storage, transportation, and waste disposal and recycling.
- The waste from large generators must be divided into four streams, including concrete, soil, steel, wood, and plastics, as well as bricks and mortar.
- The appropriate fees for collection, transportation, processing, and disposal must be paid by large generators according to the notices issued by the competent authorities.
2.Duties of Service providers and Contractors
- Within six months of the rules’ notification, the service providers are required to develop a thorough waste management plan for the waste produced under their control.
- They must also remove all construction and demolition waste independently or through a third party after consulting with the relevant local authority.
3.Duties of State Government and Local Authorities
- Within one and a half years after the date of the final notice of these regulations, the responsible State Government department dealing with land should offer suitable locations for the establishment of the storage, processing, and recycling facilities for construction and demolition waste.
- In order to prevent long-term disruption of the processing plant, the Town and Country Planning Department must include the location in the authorised land use plan.
- In municipal and government contracts, materials created from building and demolition waste must be purchased and used to the tune of 10–20%.
- The local authority must install suitable bins for garbage collection, removal at regular intervals, and transportation to suitable facilities for processing and disposal.
- Large generators of construction and demolition waste must submit a comprehensive plan or undertaking before Local Authorities may approve the waste management plan;
- Seek help from the relevant authorities for the safe disposal of any nuclear waste or building and demolition debris contaminated with hazardous or toxic materials from industry;
- Local Authorities must provide the generator with the necessary incentives for salvaging, processing, and/or recycling, preferably on-site;
- Million plus cities (based on the 2011 Indian census) must commission the processing and disposal facility within 1.5 years of the date of final announcement of these regulations.
- Local Authorities will build a database and update it once a year.
4.Duties of Central Pollution Control Board, State Pollution Control Board or Pollution Control Committee
- Construction and demolition waste management operating rules must be created by the Central Pollution Control Board.
- The construction and demolition waste processing plant will receive authorization from SPCB.
- The involved local bodies will keep an eye on how these guidelines are being applied.
- Send an annual report to the State Government and the Central Pollution Control Board.
Construction and Demolition Waste Management – Concerns
- In spite of the aforementioned, industry and state pollution control boards operate poorly.
- In India, between 25 and 30 million tonnes of C&D waste are produced each year, but barely 5 percent of it gets treated.
- It is noteworthy that dirt, sand, and gravel make up 36% of C&D waste. This waste affects soil fertility and poses a threat to public health in cities.
- The almost total lack of recycling also violates India’s obligations to reduce carbon emissions.
- The need to recycle C&D waste is critical.
- This is due to the fact that widespread sand mining is already eroding river beds and ultimately aggravating flood damage.
Some positive suggestions
- Need robust estimation and characterisation of C&D waste to design systems for material recovery: Cities need comprehensive assessment and quantification of C&D waste generation, to plan adequate infrastructure and systems for treatment and management.
- Need of documentation: Cities must create easily accessible databases of buildings and their physical and legal attributes. Construction/demolition permits need to be inventorised with associated waste management plans attached.
- Preparing for waste management from new generation material: Expanded polystyrene insulation (EPS), Styrofoam, plastic spacers, bituminous material and asbestos embedded within new wall assemblies are a recycling challenge. This needs special attention.
- Infrastructure projects need to set up their own recycling facilities: DMRC has done so. Concrete can be easily recycled. Butt excavated waste is a challenge. Other infrastructure projects like highway and roadwork find recycling of bituminous material waste challenging. Globally, proactive prevention of waste is undertaken through modification of existing on site construction practices etc.
- Responsibility of the construction Industry: The current system provides no incentive to the construction agencies for managing their own waste via waste reduction and on-site reuse and recycling. The Rules have created a push by creating a legal requirement for waste management but the financial drivers are missing. This requires fiscal strategy.
Conclusion
- Environmental and material challenges associated with the Construction and Demolition waste problem need urgent and immediate attention nation-wide to recover material, protect environment, and for clean air.
Mains question
Q. India manages to recover and recycle only about 1 per cent of its construction and demolition waste analyse the constraints in it. Also suggest some positive measures to address this challenge.
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From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: gender norms , women empowerment
Context
- Japan ranked lowest among the developed countries in the World Economic Forum’s Global Gender Gap Index 2022 due to its prevalent gender norms.
What Is a Gender-equal Society?
- A society in which both women and men shall be given equal opportunities to participate voluntarily in activities in all fields as equal partners, and be able to enjoy political, economic, social and cultural benefits equally as well as to share responsibilities.
What is sexism in simple words?
- Prejudice or discrimination based on sex especially discrimination against women. Behaviour, conditions, or attitudes that foster stereotypes of social roles based on sex.
What is the meaning of gender norms?
- Gender norms are social principles that govern the behaviour of girls, boys, women, and men in society and restrict their gender identity into what is considered to be appropriate. Gender norms are neither static nor universal and change over time.
Persistent gender norms in japan
- Men should work outside the home.
- Genders should be brought up differently.
- Women are more suited to household work and child rearing than men.
- Full time housewives are valuable to society because of their family raising role.
What is womenomic’s?
- “Womenomics”, a theory linking the advancement of women to increased development rates. The concept, originally defined by the Japanese Prime Minister Abe.
- Women’s empowerment can be defined to promoting women’s sense of self-worth, their ability to determine their own choices, and their right to influence social change for themselves and others.
Measures toward the Realization of a Gender-equal Society
- Promoting the Participation of Women in National Advisory Councils and Committees.
- Recruiting and Promoting of Female National Public Officers.
What is needed to improve women’s welfare?
- Community sensitization: Persistent effort must be directed toward community sensitization to root out patriarchal social norms.
- Directional efforts: In addition to enforcing existing regulations like minimum wages, there must be supportive ancillary policies including childcare; secure transport; lighting; safety at work; and quotas in hiring, corporate boards, and politics to foster more women in leadership.
Key fact
Japan is the world’s fourth largest economy.
Conclusion
- Due to the labour shortage in Japan, women are undoubtedly an essential resource for the nation. Hence, they should also be further involved in policy-making and social decisions such as gender inequality solving and feasible Womenomic’s adjustments for the next future.
Mains question
Q. Japan’s struggle with gender parity teaches us that investing in women’s education and health may have limited impact if that society is trapped in gender norms that restrict women from capitalising these investments for themselves, the society and the country. Critically analyse.
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From UPSC perspective, the following things are important :
Prelims level: article 21
Mains level: right to privacy
Context
- Data privacy breaches which result in the loss and theft of personal, sensitive data have not reduced in terms of measurable frequency or their impact.
- It has been 5 years since the nine-judge Supreme Court bench delivered the judgment in the Puttaswamy case. It asserted that Indians have a constitutionally protected fundamental right to privacy.
- A right to be let alone;
- The right of a person to be free from any unwarranted publicity;
- The right to live without any unwarranted interference by the public in matters with which the public is not necessarily concerned.
Definition of data
- Data is a collection of discrete values that convey information, describing quantity, quality, fact, statistics, other basic units of meaning, or simply sequences of symbols that may be further interpreted.
What is Data Protection?
- Data protection refers to policies and procedures seeking to minimise intrusion into the privacy of an individual caused by collection and usage of their personal data.
What is data privacy?
- Data privacy refers to controlling access to the data. Organizations must determine who has access to data. Understandably, a privacy breach can lead to data security issues.
What is data security?
- Data security refers specifically to measures taken to protect the integrity of the data itself against manipulation and malware. It provides defense from internal and external threats.
Why 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 continues 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, financial data.
Issues with the data breaches in India
- Violation of the right to privacy: The right to privacy was recognized as a fundamental right, included under the right to life and liberty by the Supreme Court of India in 2017.
- Absence of legal framework: Without a law in place to regulate data collection and to act as an oversight mechanism, valid concerns about privacy and other rights violations continue to arise.
- High Infrastructural Costs: Technologies like Artificial Intelligence and Big Data are costly to implement. The size of stored information is extremely large and requires huge network & data storage facilities, which are currently not available in India.
- The concern of Data Leakage: In today’s world of cybercrime, it is important to put appropriate safeguards in place in order to ensure the integrity of the repository/database, so that it doesn’t leak out the information and is not privatized or monetized.
- Reliability & Authenticity: As the data collected may be used in the court of law during the course of a criminal trial, the reliability and the admissibility of the data along with standards and procedures followed would be taken into consideration. Hence, the authenticity of the data is crucial.
Conclusion
- Today, there is a relentless pace of digitisation that relies on gathering personal data in all spheres of our lives. All of this is done in a legal vacuum without any oversight or remedy. This underscores the urgent need for robust data protection law.
Mains question
Q. What do you understand by the term data privacy? Explain how data leakages threatens the sacred right to privacy?
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Context
- While AFSPA is repealed in 28 districts in Assam, 7 districts in Nagaland and 6 in Manipur, NSF president Kegwayhun Tep said that it should be repealed in all Northeastern states .
- Armed Forces Special Powers Act, to put it simply, gives armed forces the power to maintain public order in “disturbed areas.”
- AFSPA gives armed forces the authority use force or even open fire after giving due warning if they feel a person is in contravention of the law.
- The Act further provides that if “reasonable suspicion exists”, the armed forces can also arrest a person without warrant; enter or search premises without a warrant; and ban the possession of firearms.
AFSPA: A Backgrounder
- The AFSPA, 1958 came into force in the context of insurgency in the North-eastern States decades ago.
- It provides “special power” to the Armed Forces applies to the Army, the Air Force and the Central Paramilitary forces etc.
- It has been long contested debate whether the “special powers” granted under AFSPA gives total immunity to the armed forces for any action taken by them.
What are the Special Powers?
- Power to use force: including opening fire, even to the extent of causing death if prohibitory orders banning assembly of five or more persons or carrying arms and weapons, etc are in force in the disturbed area;
- Power to destroy structures: used as hide-outs, training camps, or as a place from which attacks are or likely to be launched, etc;
- Power to arrest: without warrant and to use force for the purpose;
- Power to enter and search premises: without a warrant to make arrest or recovery of hostages, arms and ammunition and stolen property etc.
Who can declare/notify such areas?
- The Central Government or the Governor of the State or administrator of the Union Territory can declare the whole or part of the State or Union Territory as a disturbed area.
Issues with AFSPA
- Power to kill: Section 4 of the Act granted officers the authority to “take any action” even to the extent to cause the death.
- Sexual Misconduct by Armed Forces: The issue of violation of human rights by actions of armed forces came under the consideration of the Committee on Amendments to Criminal Law (popularly known as Justice Verma Committee) set up in 2012. It observed that- in conflict zones, legal protection for women was neglected.
- Autocracy: The reality is that there is no evidence of any action being taken against any officer of the armed forces or paramilitary forces for their excesses.
Recommendations to repeal AFSPA
- Justice B.P. Jeevan Reddy Commission: The 2004 Committee headed by Justice B.P. Jeevan Reddy, the content of which has never officially been revealed by the Government, recommended that AFSPA be repealed.
- ARC II: The Administrative Reforms Commission in its 5th Report on ‘Public Order’ had also recommended that AFSPA be repealed.
- Human right violations: The repeal of AFSPA is necessary not just for restoring constitutional sanity, but also as a way of acknowledging dark history of our conduct in Nagaland.
- Need for ensuring individual dignity: The political incorporation of Nagaland (and all other areas where this law applies) will be set back if the guarantees of individual dignity of the Indian Constitution are not extended.
- Not state of exception: We often describe AFSPA in terms of a “state of exception”. But this theoretical term is misleading. How can a law that has been in virtually continuous existence since 1958 be described as an “exception”.
- Lack of human empathy: At the heart of AFSPA is a profound mutilation of human empathy.
Conclusion
- To bring in lasting peace in the North East, the government needs to avoid the trap of watered-down peace accords. While the move to withdraw AFSPA is welcome, it needs to be gradually erased. For that, changes in the ground situation would be crucial. Mere smoke signals or drum-beating can never do the job.
Mains question
Q. Do you think AFSPA is license to kill? Critically examine the utility of AFSPA today.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Lofty poll promises and election freebies
The Supreme Court has decided to reconsider a 2013 judgment on Poll Promises, which held that promises in the election manifesto do not constitute a “corrupt practice” under the law.
What is the news?
- A Bench led by the CJI, Ramana, ordered a three-judge Bench to be set up to review the court’s earlier position.
Subramaniam Balaji Judgment: Invalidating certain Poll Promises
- It was held that pre-poll promises made by political parties to entice voters do not fall within the ambit of Section 123 (corrupt practices) under the Representation of the People (RP) Act.
- The judgment, delivered by a two-judge Bench, had observed that although the law is obvious that the promises in the election manifesto cannot be construed as ‘corrupt practice’ under Section 123 of RP Act.
- The reality cannot be ruled out that distribution of freebies of any kind, undoubtedly, influences all people.
Why revisit this judgment?
- Rationale of the freebie: Now the CJI has said the three-judge Bench should consider whether an enforceable order can be passed to stop political parties in power from promising and distributing “irrational freebies”.
- Freebie vs. Welfare schemes: He opined that such freebies are completely divorced from actual welfare schemes, using public money in order to merely “capture vote banks”.
- Prevent bankruptcy: Freebies may create a situation wherein the State government cannot provide basic amenities due to lack of funds and the State is pushed towards imminent bankruptcy.
- Expert review: The new Bench would also deliberate if an expert body can be formed to independently study and make recommendations against the distribution of largesse at the cost of the national economy and public welfare.
What amounts to Freebie?
- The term Freebies is not new; rather it is a prevalent culture in Indian politics (in the name of socialism).
- The political parties are always trying to outdo each other in luring the Indian voters with assorted freebies.
- From free water to free smartphones the Indian politicians promise everything to attract prospective voters in favour.
- This trend has gained more momentum in the recent times with the political parties being innovative in their offerings as the ‘traditional free water and electricity’ is no longer sufficient as election goodies.
Examples of freebies
- Promise of Rs 15 lakh in our bank accounts
- Free TV, Laptops
- Free electricity
- Loan waivers
- Offering free public transport ride to all women in Delhi
Why are such policies popular among the public?
- Failure of economic policies: The answer lies in the utter failure of our economic policies to create decent livelihood for a vast majority of Indians.
- Quest for decent livelihood: The already low income had to be reoriented towards spending a disproportionately higher amount on education and health, from which, the state increasingly withdrew.
- Prevailing unemployment: Employment surveys have shown that employment growth initially slowed down from the 1990s, and then has turned negative over the past few years.
- Increased cost of living: Real income growth of the marginal sections has actually slowed down since 1991 reforms.
- Increased consumerism: The poor today also spend on things which appear to be luxuries; cellphones and data-packs are two such examples which are shown as signs of India’s increased affluence.
- Necessity: For migrant workers, the mobile phone helps them keep in touch with their families back home, or do a quick video-call to see how their infant is learning to sit up or crawl.
Can Freebies be compared with Welfare Politics?
- These freebies are not bad. It is a part of social welfare.
- Using freebies to lure voters is not good.
- Voter’s greediness may lead to a problem in choosing a good leader.
- When we don’t have a good leader then democracy will be a mockery.
Impact of such policies
- Never ending trail: The continuity of freebies is another major disadvantage as parties keep on coming up with lucrative offers to lure more number of votes to minimize the risk of losing in the elections.
- Burden on exchequer: People forget that such benefits are been given at the cost of exchequer and from the tax paid.
- Ultimate loss of poors: The politicians and middlemen wipe away the benefits and the poor have to suffer as they are deprived from their share of benefits which was to be achieved out of the money.
- Inflationary practice: Such distribution freebie commodity largely disrupts demand-supply dynamics.
- Lethargy in population: Freebies actually have the tendency to turn the nation’s population into: Lethargy and devoid of entrepreneurship.
- Money becomes only remedy: Everyone at the slightest sign of distress starts demanding some kind of freebies from the Govt.
- Popular politics: This is psychology driving sections of the population expecting and the government promptly responds with immediate monetary relief or compensation.
What cannot be accounted to a freebie?
- MGNREGA scheme (rural employment guarantee scheme)
- Right to Education (RTE)
- Food Security through fair price shops ( under National Food Security Act)
- Prime Minister Kisan Samman Yojana (PM-KISAN)
Arguments in favour
- Social investment: Aid to the poor is seen as a wasteful expenditure. But low interest rates for corporates to get cheap loans or the ‘sop’ of cutting corporate taxes are never criticized.
- Socialistic policy: This attitude comes from decades of operating within the dominant discourse of market capitalism.
- Election manifesto: Proponents of such policies would argue that poll promises are essential for voters to know what the party would do if it comes to power and have the chance to weigh options.
- Welfare: Economists opine that as long as any State has the capacity and ability to finance freebies then its fine; if not then freebies are the burden on economy.
- Other wasteful expenditure: When the Centre gives incentives like free land to big companies and announce multi-year tax holidays, questions are not asked as to where the money will come from.
Conclusion
- There is nothing wrong in having a policy-led elaborate social security programme that seeks to help the poor get out of poverty.
- But such a programme needs well thought out preparation and cannot be conjured up just before an election.
Also read:
[Sansad TV] Mudda Aapla: Culture of Freebies
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: INS Vikrant
Mains level: Indian navy modernization
The nation’s first Indigenous Aircraft Carrier (IAC-1) , INS Vikrant is set to be commissioned on September 2, the Indian Navy has announced.
About INS Vikrant
- The name ‘INS Vikrant’ originally belonged to India’s much-loved first aircraft carrier, a source of immense national pride over several decades of service before it was decommissioned in 1997.
- The original ‘Vikrant’, a Majestic-class 19,500-tonne warship, which was acquired from the UK in 1961, played a stellar role in the 1971 War with Pakistan.
- The IAC-1 is 262 m long and 62 m wide ‘Vikrant’ displaces approximately 43,000 tonnes when fully loaded, and has a maximum designed speed of 28 knots (about 52 km/h) with an endurance of 7500 NM.
- It has around 2,200 compartments designed for a crew of around 1,600, including specialised cabins to accommodate women officers and sailors.
Why is it important for India to have an aircraft carrier?
- An aircraft carrier is one of the most potent marine assets for any nation.
- It enhances a Navy’s capability to travel far from its home shores to carry out air domination operations.
- Having an aircraft carrier as essential to be considered a “blue water” navy — that is, a navy that has the capacity to project a nation’s strength and power across the high seas.
- An aircraft carrier generally leads as the capital ship of a carrier strike/ battle group.
Why is it a big deal that this warship has been Made in India?
- Only five or six nations currently have the capability of manufacturing an aircraft carrier, and India has joined this prestigious club now.
- India has demonstrated the capacity and self-reliance to build what is considered to be one of the most advanced and complex battleships in the world.
- India has had aircraft carriers earlier too — but those were built either by the British or the Russians.
- The ‘INS Vikramaditya’, which was commissioned in 2013 and which is currently the Navy’s only aircraft carrier, started out as the Soviet-Russian warship ‘Admiral Gorshkov’.
- India’s two earlier carriers, the ‘INS Vikrant’ and the ‘INS Viraat’, were originally the British-built ‘HMS Hercules’ and ‘HMS Hermes’.
- These two warships were commissioned into the Navy in 1961 and 1987 respectively.
What indigenous components does the new ‘Vikrant’ have?
- The indigenous content of the project is approximately 76%.
- The warship-grade steel was indigenised through Steel Authority of India Limited (SAIL) in collaboration with Defence Research & Development Laboratory (DRDL).
- It includes 23,000 tonnes of steel, 2,500 km of electric cables, 150 km of pipes, and 2,000 valves.
- It also includes a wide range of finished products including rigid hull boats, galley equipment, air-conditioning and refrigeration plants, and steering gear.
What weapons and equipment will the new ‘Vikrant’ have?
- The new warship can carry up to 34 aircraft, including both fighter jets and helicopters.
- It will be capable of operating 30 aircraft including MiG-29K fighter jets, Kamov-31 Air Early Warning Helicopters, MH-60R Seahawk multi-role helicopters, as well as the Advanced Light Helicopters (ALH).
- Using a novel aircraft-operation mode known as Short Take Off But Arrested Recovery (STOBAR), the IAC is equipped with a ski-jump for launching aircraft.
What else will be there on the new INS Vikrant?
- The carrier is designed with a very high degree of automation for machinery operations, ship navigation and survivability.
- The carrier is equipped with the latest state of the art equipment and systems.
- It boasts a fully-fledged state of the art medical complex with the latest medical equipment facilities..
Now that India has shown the capability, will it build more carriers?
- Since 2015, the Navy has been seeking approval to build a third aircraft carrier for the country, which, if approved, will become India’s second Indigenous Aircraft Carrier (IAC-2).
- This proposed carrier, to be named ‘INS Vishal’, is intended to be a giant 65,000-tonne vessel, much bigger than both IAC-1 and the ‘INS Vikramaditya’.
- The Navy has been trying to convince the government of the “operational necessity” of having a third carrier.
- Also, it is argued that now that India has developed the capability to build such vessels, it should not be whittled away.
- The expertise gained by the Navy and the country over the past 60 years in the art of maritime aviation should not be wasted either.
Significance of the induction
- Vikrant is the largest warship to have ever been built in India, and the first indigenously designed and built aircraft carrier for the Indian Navy.
- It puts India in an elite club of nations that have the capability to design and build these giant, powerful warships.
- The indigenisation efforts led to the development of ancillary industries, and generated employment opportunities for 2,000 CSL personnel and about 13,000 employees in ancillary industries.
- This bolstered plough-back effect on the nation’s economy. That is, it pushed all money back that it consumed.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Gorkha regiment
Mains level: Indian Army
Nepal has postponed the recruitment rallies which were to be held in that country to recruit Gorkha soldiers for the Indian Army under the Agnipath scheme.
Why has Nepal postponed Agnipath recruitment rallies?
- Nepal is of the opinion that this new form of entry into the Indian military is not covered under the Tripartite Agreement signed between Nepal, Indian and UK governments in 1947, soon after Indian independence.
- The government feels that the Agnipath scheme must be approved by it and for that political consultations with all parties in Nepal must take place.
- This is move is visibly ‘inspired’ with inputs from China.
What was the Tripartite Agreement between India, Nepal and UK?
- Soon after Indian Independence on August 15, 1947, an agreement was reached by the governments of India, Nepal and the UK regarding the future of the Gorkha soldiers who were serving in the Indian Army.
- As per the terms of this agreement four regiments of Gorkha soldiers – 2nd, 6th, 7th and 10th – were transferred to the British Army while the rest – 1st, 3rd, 4th, 5th, 8th and 9th – remained with the Indian Army.
- A new Gorkha Regiment, the 11th Gorkha Rifles, was raised by India soon after Independence.
- The agreement also provides for the terms and conditions of the Nepal-domiciled Gorkha soldiers in the Indian Army and for their post-retirement benefits and pensions.
Significance of Gorkha Soldiers
- Legend has it that Hitler’s very words were, “If I had Gurkhas, no army in the world could defeat me.”
- An interesting historical aspect of Gorkha troops is that Pakistan, at the time of Independence, and China, soon after the 1962 war, had also requested Nepal for Gorkha soldiers.
- However, this request was turned down by the Nepal government.
- The largest body of Gorkha troops serves in the Indian Army while in the UK their presence has been reduced from four regiments to just two.
Can Nepalese Gorkhas in foreign Armies be called mercenaries?
- Mercenaries are understood as fighters who take part in a conflict for financial gain and usually are not parties to that conflict.
- As per the definition of the 1949 Geneva Convention, gives the officially agreed definition of a mercenary.
- It says that soldiers serving in sovereign armies are not considered mercenaries, and Gorkha soldiers cannot be called mercenaries.
- In addition, Gorkha soldiers from Nepal serve side-by-side with Gorkha soldiers who are born and brought up in India.
Have any changes been made in Gorkha unit recruitments over the years?
- There have been attempts to reduce the dependence on Nepal for the Gorkha soldiers in the Indian Army,
- To this effect, the composition has increasingly been attempted to be balanced between Indian and Nepal-domiciled troops.
- Also, a pure Indian Gorkha battalion was raised in 2016.
- This unit, 6th Battalion of the 1st Gorkha Rifles (6/1 GR), was raised in Subathu, in Himachal Pradesh.
- Otherwise, the ratio of Nepalese-domiciled soldiers and Indian-domiciled soldiers in a Gorkha battalion ranges from 60:40 to 70:30, though this will change further in future.
- A change was made in the recruitment rules for Gorkha Rifles recently when the Army decided that soldiers hailing from the Kumaon and Garhwal regions of Uttarakhand will also be eligible for serving in Gorkha Rifles.
What is the socio-economic impact on Nepal of Gorkha soldiers serving in the Indian Army?
- A major economic and social impact is felt in Nepal due to the Nepal-domiciled Gorkha soldiers serving in the Indian Army and much of it has to do with the remittances that they send home.
- Kathmandu receives a sustainable source of remittances from Gorkhas working in foreign armies.
- This has significantly contributed to social modernization in the isolated villages, while the financial remittances spurred entrepreneurship development thereby contributing to regional development.
Why induct Gorkha soldiers?
- Gorkha soldiers are tough. Living in the hills of Nepal makes them strong and resilient and they can stand war, climate and terrain better than most.
- No one can match their swift movement in the mountainous terrain.
- They are cheerful in disposition and nothing disturbs their equanimity.
- They are loyal to the core and fearless in battle.
- All this makes them amongst the best soldiers in the world and they are much sought after.
- Historically, they have deep rooted connection and affinity for India definitely due to cultural assimilations.
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