From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Transgenders' rights
In a big win for an aspiring pilot and the entire transgender community, the Directorate General of Civil Aviation (DGCA) has for the first time framed new medical guidelines that allow transgender persons who have completed gender transition therapy or surgery to be declared fit to fly.
What did DGCA allow?
The DGCA guidelines for aeromedical evaluation of transgender persons for obtaining medical clearance for all categories of pilot’s licence — private pilot’s licence, student pilot licence and commercial pilot licence.
An ongoing hormone therapy will also not be a ground for disqualification.
It says that candidates who have completed their hormone therapy and gender affirmation surgery more than five years ago will be declared medically fit.
They should clear screening for mental health in accordance with the World Professional Association for Transgender Health.
Some limitations
However, transgender pilots “may” have some limitations imposed such as being allowed to only fly as first officers (junior pilots).
When they are flying as pilot-in-command their co-pilot has to have 250 hours of flying on that particular type of aircraft or the co-pilot has to be a senior captain who is a trainer.
Why such modification?
An Indian citizen, is the first transgender trainee pilot with a private pilot licence from South Africa.
He/she was unable to complete his training in India after the DGCA in April 2020 rejected his medical clearance needed to obtain a student’s pilot licence.
The Ministry of Social Justice and Empowerment intervened and wrote to the DGCA.
It called the rules “discriminatory” and in violation of the Transgender Persons (Protection of Rights) Act of 2019 and demanded “guidelines for licensing” for transgender persons.
Conclusion
Because of the fear of backlash from society, family and friends, coming out as a transgender is itself a very challenging move for those who hide their identity.
Major issue lies with societal acceptance of transgender and recognition. Such steps create awareness among people with example.
Society should be made sensitive enough to realize it is none of the concerned person’s fault.
Back2Basics: Transgender Persons (Protection of Rights) Act, 2019: Key Features
Defining Transperson
The act defines a transgender person as one whose gender does not match the gender assigned at birth.
It includes trans-men and trans-women, persons with intersex variations, gender-queers, and persons with socio-cultural identities, such as kinnar and hijra.
Prohibition against discrimination
It prohibits the discrimination against a transgender person, including denial of service or unfair treatment in relation to education, employment, healthcare, access to, or enjoyment of goods, facilities, opportunities available to the public.
Every transgender person shall have a right to reside and be included in his household.
No government or private entity can discriminate against a transgender person in employment matters, including recruitment, and promotion.
HRD measures
A transgender person may make an application to the District Magistrate for a certificate of identity, indicating the gender as ‘transgender’.
Educational institutions funded or recognised by the relevant government shall provide inclusive facilities for transgender persons, without discrimination.
The government must provide health facilities to transgender persons including separate HIV surveillance centres, and sex reassignment surgeries.
Grievances redressal
The National Council for Transgender persons (NCT) chaired by Union Minister for Social Justice, will advise the central government as well as monitor the impact of policies with respect to transgender persons.
It will also redress the grievances of transgender persons.
Legal Protection
The Bill imposes penalties for the offences against transgender persons like bonded labour, denial of use of public places, removal from household & village and physical, sexual, verbal, emotional or economic abuse.
From UPSC perspective, the following things are important :
Prelims level: Commission of Global Notables
Mains level: NA
Mexican President has proposed the setting up of a commission called ‘Commission of Global Notables’ comprising Prime Minister Narendra Modi.
Commission of Global Notables
Apart from Mr. Modi, the proposed “commission of global notables” includes Pope Francis and the UN Secretary-General Antonio Guterres.
This is yet a proposal in writing presented to the UN
It is understood that the list will find mention during the annual session of the UN General Assembly that will convene in September.
PM Modi and other leaders of the Member States are expected to participate in the session when the global body will discuss the crises in Ukraine, Gaza Strip and the regional tension over Taiwan.
Significance for India
This shows significance of India under the present regime under PM Modi. We have to admit that India’s soft power is ever increasing.
PM Modi has also received high honours from the United Arab Emirates, Russia, Saudi Arabia, Bhutan and several other countries since since the beginning of his first stint in May 2014.
That apart, he has also received awards from international non-government organisations.
From UPSC perspective, the following things are important :
Prelims level: Famous slogans in news
Mains level: Not Much
Inspiring and controversial, this article explains the history of slogans that have endured in India’s politics.
(1) ‘Jai Hind’ by Netaji Subhash Chandra Bose
Netaji Subhas Chandra Bose popularised ‘Jai Hind’ as a salutation for soldiers of his Indian National Army (INA), which fought alongside Netaji’s ally Japan in the Second World War.
But according to some accounts, Netaji did not actually coin the slogan.
A book says the term was coined by Zain-ul Abideen Hasan, the son of a collector from Hyderabad, who had gone to Germany to study.
There, he met Bose and eventually left his studies to join the INA.
Khan was tasked by Bose to look for a military greeting or salutation for the INA’s soldiers, a slogan which was not caste or community-specific, given the all-India basis of the INA.
The idea for ‘Jai Hind’ came to Hasan when he was at the Konigsbruck camp in Germany.
(2) ‘Tum mujhe khoon do, main tumhe aazadi doonga’ by Netaji Subhash Chandra Bose
This slogan had origins in a speech Netaji made in Myanmar, then called Burma, on July 4, 1944.
Underlining his core philosophy of violence being necessary to achieve independence, he said, “Friends! My comrades in the War of Liberation! Today I demand of you one thing, above all.
He ended the speech saying “Tum mujhe khoon do, main tumhe aazadi doonga” (Give me blood and I promise you freedom).
(3) ‘Vande Mataram’ by Bankim Chandra Chatterji
The term refers to a sense of respect expressed to the motherland.
In 1870, Bengali novelist Bankim Chandra Chattopadhyay wrote a song which would go on to assume a national stature, but would also be seen as communally divisive by some.
Written in Bengali, the song titled ‘Vande Mataram’ was not introduced into the public sphere until the publishing of the novel Anandamath in 1882, of which the song is a part.
Vande Mataram soon became the forefront of sentiments expressed during the freedom movement.
The novel, set in the early 1770s came against the backdrop of the Fakir-Sannyasi Rebellion against the British in Bengal.
(4) ‘Inquilab Zindabad’ by Maulana Hasrat Mohani
‘Inquilab Zindabad’ (Long live the revolution) was first used by Maulana Hasrat Mohani in 1921.
Hasrat was his pen name (takhallus) as a revolutionary Urdu poet, which also became his identity as a political leader.
Hasrat Mohani was a labour leader, scholar, poet and also one of the founders of the Communist Party of India in 1925.
Along with Swami Kumaranand — also involved in the Indian Communist movement — Mohani first raised the demand for complete independence or ‘Poorna Swaraj’, at the Ahmedabad session of the Congress in 1921.
His stress on Inquilab was inspired by his urge to fight against social and economic inequality, along with colonialism.
Before Mohani coined this slogan, the Bolshevik Revolution in Russia made the idea of revolution symbolic of the struggle for oppressed nationalities globally.
It was from the mid-1920s that this slogan became a war cry of Bhagat Singh and his Naujawan Bharat Sabha, as well as his Hindustan Socialist Republican Association (HSRA).
(5) ‘Sarfaroshi ki Tamanna’ by Bismil Azimabadi
This is the first line of a poem written by Bismil Azimabadi (and NOT Ramprasad Bismil), a freedom fighter and poet from Bihar, after the Jallianwalah Bagh Massacre of 1921 in Amritsar, Punjab.
The lines were popularised by Ram Prasad Bismil, another revolutionary.
He was a part of the Kakori train robbery, a successful and ambitious operation in which a train filled with British goods and money was robbed for Indian fighters to purchase arms.
(6) ‘Do or Die’ by Gandhi Ji
In 1942, the Second World War commencing and the failure of Stafford Cripps Missions – which only promised India a ‘dominion status’ where it would still have to bear allegiance to the King of England .
This made Gandhi Ji realise that the movement for freedom needed to be intensified.
On August 8, 1942, the All-India Congress Committee met in Gowalia Tank Maidan (August Kranti Maidan) in Bombay.
Gandhi addressed thousands after the meeting to spell out the way forward.
(7) ‘Quit India’ by Yusuf Meherally
While Gandhi gave the clarion call of ‘Quit India’, the slogan was coined by Yusuf Meherally, a socialist and trade unionist who also served as Mayor of Mumbai.
A few years ago, in 1928, Meherally had also coined the slogan “Simon Go Back” to protest the Simon Commission – that although was meant to work on Indian constitutional reform, but lacked any Indians.
Meherally was a Congress Socialist Party member who was actively involved in anti-government protests.
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: India-Australia relations
The Union Cabinet has approved the signing of an Audio Visual Co-production Treaty between India and Australia, which is aimed at facilitating joint production of films between the two countries.
India – Australia Relations
Both the countries share the ethos and values of pluralism, liberal democracy, steadfast commitment to rule of law, Commonwealth traditions, international peace, development and security.
The establishment of diplomatic relations between them dates back to the Pre-independence era. It started with the opening of the Consulate General of India as a Trade Office in Sydney in 1941.
Since then the ties have blossomed and currently, they enjoy a multi-faceted cooperation spanning areas of political interactions, economic collaboration, scientific research, strategic convergence, friendly people-to-people ties especially diaspora links and sporting ties of hockey and cricket.
Areas of cooperation
1.Political Dimension
Both the countries are members of G-20, ASEAN Regional Forum (ARF), IORA (Indian Ocean Rim Association), Asia Pacific Partnership on Climate and Clean Development, East Asia Summit and the Commonwealth. Australia has been extremely supportive of India’s quest for membership of the APEC (Asia Pacific Economic Cooperation).
Australia whole-heartedly welcomed India s joining of the MTCR (Missile Technology Control Regime).
2. Economic Dimension
In recent years, the India-Australia economic engagement has magnified significantly. Australia has been very appreciative of economic reforms undertaken by India and its improving ease of doing business rankings because of the reforms was undertaken by the current government. India has welcomed Australia to participate in its Make in India, Smart Cities, AMRUT (Atal Mission for Rejuvenation and Urban Transformation), Clean Ganga Project etc. initiatives.
India and Australia are partners in the trilateral Supply Chain Resilience Initiative (SCRI) arrangement along with Japan which seeks to enhance the resilience of supply chains in the Indo-Pacific Region.
Recently, India signed a historic trade agreement with Australia, the India-Australia Economic Cooperation and Trade Agreement (Ind- Aus ECTA).
It is the first Free Trade Agreement (FTA) that India has signed with a major developed country in over a decade. Credit: Business Standard
The current government has invited Australia s private sector participation in Indian economy. It says red tape in India has been replaced by red carpet and has welcomed private investors.
3.Trade and Economic
The establishment of India-Australia Joint Ministerial Commission (JMC) in 1989 encouraged dialogue at a government and business level on multiple issues of trade and investment.
India-Australia CEO Forum is a significant mechanism through which business leaders from both nations engage in mutually fruitful dialogue to enhance bilateral trade and investment relationship. The Forum consists of heads of Indian and Australian business from multiple sectors like energy and resources, agri-business, financial sector, telecommunications, IT, education and pharmaceuticals. The last meeting of the Forum was held in New Delhi on 29th August 2017.
The city of Canberra, Australia hosted the seventh India-Australia Economic Policy Dialogue during 16-18 July 2017.
India’s main exports to Australia are Refined Petroleum, medicaments, while our major imports are Coal, copper ores & concentrates, Gold, and education related services.
India s major imports from Australia are coal, non-monetary gold, copper, wool, fertilizers, wheat, vegetables and education-related services.
India and Australia have been each other’s important trading partners.
Australia is the 17th largest trading partner of India and India is Australia’s 9th largest trading partner.
India-Australia bilateral trade for both merchandise and services is valued at USD 27.5 billion in 2021.
India’s merchandise exports to Australia grew 135% between 2019 and 2021. India’s exports consist primarily of a broad-based basket largely of finished products and were USD 6.9 billion in 2021.
India’s merchandise imports from Australia were USD 15.1 billion in 2021, consisting largely of raw materials, minerals and intermediate goods.
4.Civil Nuclear Cooperation Agreement
A Civil Nuclear Cooperation Agreement between the two countries was signed in September 2014 during the visit of the Australian Prime Minister to India. The agreement came into force from 13 November 2015.
The Australian Parliament passed the “Civil Nuclear Transfer to India Bill 2016” on 01 December, 2016 which ensures that Uranium mining companies in Australia may fulfil contracts to supply Australian uranium to India for civil use with confidence that exports would not be hindered by domestic legal action challenging the consistency of the safeguards applied by the IAEA in India and Australia’s international non-proliferation obligations.
It also ensures that any future bilateral trade in other nuclear-related material or items for civil use will also be protected.
5.Defence Cooperation
The Mutual Logistics Support Agreement has been signed during the summit that should enhance defence cooperation and ease the conduct of large-scale joint military exercises.
There is a technical Agreement on White Shipping Information Exchange.
Recently Australia and India conducted AUSINDEX,their largest bilateral naval exercise, and there are further developments on the anvil, including Australia’s permanent inclusion in the Malabar exercise with Japan.
In 2018, Indian Air Force participated for the first time in the Exercise Pitch Blackin Australia. The third edition of AUSTRAHIND(Special Forces of Army Exercise) was held in September 2018.
A broader maritime cooperation agreement with a focus on Maritime Domain Awareness (MDA) is also in the works and Australia has agreed to post a Liaison Officer at the Indian Navy’s Information Fusion Centre – Indian Ocean Region (IFC-IOR) at Gurugram.
6.Education
Under the New-Colombo Plan of Australian government, 900 Australian undergraduates have studied and completed internships in India during the period 2015-16
7.Diaspora
The Indian community in Australia has the population of nearly half a million (2.1 % of the population), and another over 1,50,000 persons of Indian descent immigrated from other countries (Fiji, Malaysia, Kenya and South Africa).
India is one of the top sources of skilled immigrants to Australia.
8.Energy Cooperation
A Joint Working Group on Energy and Minerals was established in 1999 to expand bilateral relationship in the energy and resources sector. The 8th JWG meeting held in New Delhi in June 2013.
As energy is one of the central pillars of economic cooperation, both sides agreed during the visit of our Prime Minister to Australia in November 2014 to cooperate on transfer of clean coal technology and welcomed Australia’s desire to upgrade the Indian School of Mines, Dhanbad.
9. International cooperation
India and 62 other countries have backed a draft resolution led by Australia and the EU to ‘identify the zoonotic source’ of Covid-19 and its ‘route of introduction’ to humans.
Australia supports India’s candidature in an expanded UN Security Council.
Both India and Australia are members of the Commonwealth, IORA, ASEAN Regional Forum, Asia Pacific Partnership on Climate and Clean Development, and have participated in the East Asia Summits.
Australia is an important player in APEC and supports India’s membership of the organisation. In 2008, Australia became an Observer in SAARC.
Both countries have also been cooperating as members of the Five Interested Parties (FIP) in the WTO context.
An India Economic Strategy to 2035
In 2018, Australia’s Prime Minister has announced implementation of “An India Economic Strategy to 2035”, a vision document that will shape India-Australia bilateral ties.
It is based on three-pillar strategy- Economic ties, Geostrategic Engagement and Rethinking Culture-thrust on soft power diplomacy.
The focus of this report is on building a sustainable long-term India economic strategy.
The report identifies 10 sectors and 10 states in an evolving Indian market where Australia has competitive advantages, and where it should focus its efforts. These are divided into a flagship sector (education), three lead sectors (agribusiness, resources, and tourism) and six promising sectors (energy, health, financial services, infrastructure, sport, science and innovation).
Significance of the Relations
Australia is one of the few countries that has managed to combat COVID-19 so far through “controlled adaptation” by which the coronavirus has been suppressed to very low levels. Two of the leaders of this great Australia-wide effort are Indian-born scientists.
From farming practices through food processing, supply and distribution to consumers, the Australian agribusiness sector has the research and development (R&D) capacity, experience and technical knowledge to help India’s food industry improve supply chain productivity and sustainability and meet the challenges of shifting consumption patterns.
Australia is the 13th largest economy in the world, following closely behind Russia which stands at $1.6 trillion.
Australia is rich in natural resources that India’s growing economy needs.
It also has huge reservoirs of strength in higher education, scientific and technological research.
The dominance of Indo-Pacific countries in India’s trade profile: Fostering deeper integration between India and Australia will provide the necessary impetus to the immense growth potential of the trade blocs in this region.
The two countries also have increasingly common military platforms as India’s defence purchases from the U.S. continue to grow.
Australia has deep economic, political and security connections with the ASEAN and a strategic partnership with one of the leading non-aligned nations, Indonesia. Both nations can leverage their equation with ASEAN to contain China.
The Indo-Pacific region has the potential to facilitate connectivity and trade between India and Australia.
Being geographically more proximate than the US or Japan, India and Australia can emerge as leading forces for the Quad.
Associated Issues
Trade deficit: India’s trade deficit with Australia has been increasing since 2001-02 due to India-Australia Free Trade Agreement. It is also a contentious issue in the ongoing RCEP negotiations which India left.
India’s desire for visa reforms in Australia, which would permit more Indian workers to seek employment in Australia, remains unmet. India wants greater free movement and relaxed visa norms for its IT professionals, on which Australia is reluctant. Australia and India are yet to nurture a common bilateral ground to figure out the basis of their cooperation.
The formation of the Japan–America–India (JAI) partnership at the G20 summit in Buenos Aires in 2018 is cause for Australian concern. India’s unwillingness to invite Australia to participate in the Malabar naval exercise, despite Australian lobbying, has sparked speculation over the fate of the Quadrilateral Consultative Dialogue (the ‘Quad) involving India, Australia, Japan and the United States.
Building consensus on non-nuclear proliferation and disarmament has been a major hurdle given India’s status as a nuclear power. Trade and maritime security on the other hand seem the most viable points of collaboration. Although a defence agreement was signed in 2014, the defence relationship has yet to develop fully.
Although security has received a lot of significance in the relationship, in practice Australia-India defence cooperation remains relatively undeveloped. There are a considerable number of defence and security dialogues between the two countries, but none has been translated into more substantive cooperation.
Increasing Racist attacks on Indians in Australia has been a major issue. The relationship was further strained over the attacks on Indian students studying in Melbourne, and the resulting media coverage caused serious damage to Australia’s standing in India.
Need of the Hour
Upgradation of 2+2 talks. In addition, it may be prudent too for New Delhi and Canberra to elevate the ‘two plus two’ format for talks from the Secretary level to the level of Foreign and Defence Ministers.
Utilising current innovations in digital trade; such digitisation of economic activities has changed the landscape of trade, enhancing associations between economies and, in particular, South-South flows.
Removal of trade barriers would lead to an increase in the exports of these commodities, although the increasing number of disputes at the WTO with regard to the Australian sector can act as a serious impediment.
India and Australia have a strong track record of collaborating in research and innovation. The $84 million Australia-India Strategic Research Fund (AISRF) is Australia’s largest. The Australian Government’s $1.1 billion National Innovation and Science Agenda presents new opportunities to engage with India. The agenda resonates well with India’s ‘Start-up India’ and ‘Make in India’ campaign.
It is evident in policy areas such as maritime security, climate change, energy security, law enforcement, governance and the politics of security institutions.
Engaging Indonesia, Japan, France and Britain for securing Indo-Pacific
An ‘engage and balance’ China strategy is the best alternative to the dead end of containment. The role of the US is of particular importance as it has recently been a driver of efforts towards bringing similarly aligned states in counterbalancing China.
Conclusion
Their ties are extremely important for the Indo-Pacific region which is in flux. They stand out for their solemn commitment towards democratic values, international peace, rule of law, development and multiculturalism.a
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Issue of media trials
Context
In an ongoing case, the Peoples’ Union for Civil Liberties asked the Supreme Court to issue guidelines to regulate media briefings by the police to ensure fair trial.
This has left the judiciary with no choice but to deliberate on binding directives to the police.
What is Media Trial?
Media Trial is when various newspapers, magazines, television channels, social media websites interpret facts of a particular case and present them in front of the general public.
In India, we have witnessed media trials in many cases where before the verdict of the Indian judiciary, the media channels frame an accused in such a manner that the general public believes him/her to be the person guilty of such offence.
Media Trial is not prohibited in India, but it influences the views and opinions of the general public as well as judges and lawyers.
Issue of media trial
[A] For Police
(1) Investigation fouling
In criminal cases that attract the most sensationalist media coverage, media attention is often drawn toward investigation and early trial stages.
This makes the police a crucial source for the media and communication between the two institutions is often a starting point of the troubles of media trials.
(2) Unregulated divulgence of case details
Leakage of information by police force and disproportionate reliance on this information by the media results in a public stripping of the rights that typically accompany a fair trial.
(3) Blow to procedural justice
Most police departments do not have dedicated media cells, making officials of all levels authoritative sources of information and blurring the boundaries between an official and informal police account of events.
As a result, the evidence-based narrative of criminal cases presented by the police to a court varies significantly from the account provided to the news media.
This is detrimental for the persons involved in the case, and the justice system as a whole.
[B] For Judiciary
(1) Violation of the rights of litigants
Reportage of this nature violates the presumption of innocence and the right to dignity and the privacy of suspects, the accused, victims, witnesses and persons closely related to them.
They often face social ostracization and difficulties in retaining employment, making them vulnerable to crime and exploitation.
(2)Disharmony
Police narratives are sometimes designed to achieve political goals, and the media’s ready acceptance of these narratives does little to prevent their insidious effects.
Given the media’s ability to shape political opinion, law enforcement agencies are sometimes under pressure to selectively reveal certain facets of the investigation or to mischaracterise incidents as communal or systemic.
What should be the role of Media?
Contextualization: Problematic news coverage of criminal cases arises when reporters absolve themselves of any duty to contextualise information revealed by the police.
Verification of the facts: Media ethics extend beyond verification of facts to check its Authencity.
Create public awareness: Apart from making sure that police narratives are accurate before making them public, reporters bear the burden of translating the significance of police versions in a criminal trial.
Prevent mistrust in institutions: It is meant to protect, and contributes considerably to the public apprehension and mistrust in the system.
Why is news media being hyperactive?
We should remember that the new media as an institution is NOT a not-for-profit organization.
The negligence can be attributed to the changing nature of the newsroom, responding to deadlines externally set by competing social media accounts that now qualify as news.
Court directives and legal provisions
Ans: The Romila Thapar vs Union of India, (2018) Case
Courts have repeatedly directed law enforcement authorities not to reveal details of their investigations, especially the personal details of the accused, before trial is complete.
It calls for states to enact their own laws based upon social construct.
The Ministry of Home Affairs issued office memorandum outlining a media policy over a decade ago, but this is of limited value given that ‘Police’ is an entry in the State List and thus falls primarily within the jurisdiction of State governments.
Way forward
Uniform regulation: Government regulation is not uniform for print and television media and enforcement of these regulations, where it occurs, is slow.
Prevent overt regulation: In any event, Government regulation of the media is problematic and likely to increase politicization of the press.
Strengthening self-regulation: Self-regulation set-ups such as the National Broadcasting Standards Authority and Indian Broadcasting Foundation are membership-based and easily avoided by simply withdrawing from the group.
Reconcile the public faith: It is now in the immediate interest of the media and the general interest of free press, that media institutions look inward to find an answer to what is essentially an ethical crisis.
Conclusion
The media’s immense power to shape narratives regarding public conceptions of justice makes it a close associate of the justice system, bringing with it a responsibility to uphold the basic principles of our justice system.
The media should feel subject to the obligation to do its part in aiding mechanisms that aim to preserve these principles.
From UPSC perspective, the following things are important :
Prelims level: Article 21
Mains level: Paper 2- Abortion rights
Context
Recently, a three-judge bench of the Supreme Court of India delivered a significant order, clarifying that the right to a medical abortion that was available to married women could not be denied to unmarried women.
Background of the case
The SC’s order granting permission to undergo an abortion was passed in the case of a petitioner who was in a consensual relationship, and whose partner deserted her.
The Delhi High Court had denied the petitioner’s right to terminate her pregnancy.
Rule 3B of the Medical Termination of Pregnancy Rules 2003, lays down the categories of women who are eligible for termination of pregnancy up to 24 weeks:
Survivors of sexual assault or rape or incest; minors; where there is a change of marital status during the ongoing pregnancy (widowhood and divorce); women with physical and mental disabilities, women with pregnancies in humanitarian settings; foetal “malformations” that have a substantial risk of being incompatible with life, or which, if the child is born, may cause it to suffer from a serious physical or mental handicap.
The High Court found that the petitioner had not undergone a “change in marital status”.
The SC found that prima facie, the High Court had been too restrictive in its approach, and that the term “change in marital status” should be given a purposive interpretation.
Three key judgments
The Supreme Court in this casebased this finding on the 2021 Amendment to the MTP Act, which no longer restricts itself to an unwanted pregnancy between a “husband” and “wife”, but to a woman and her “partner”, by marriage or not.
The Court relied on three key judgements:
1] The 2010 S Khushboo case, which recognised the legality of live-in relationships and pre-marital sex.
2] The 2009 Suchita Srivastava case, which recognised that a woman’s right to make reproductive choices is part of the “personal liberty” guaranteed under Article 21.
3] The 2017 K S Puttaswamy case, which reaffirmed that women’s right to bodily integrity is part of the fundamental right to privacy.
The Court observed: The statute has recognised the reproductive choice of a woman and her bodily integrity and autonomy.
Contrast with rights in the US: The SC’s order attains significance in contrast to the recent Dobbs decision in the US.
Constitutional rights are interconnected: Unravel one and the entire edifice of protections could fall apart.
Conclusion
The Supreme Court offers hope that right to abortion won’t be restricted by a woman’s marital status.
From UPSC perspective, the following things are important :
Prelims level: West Bank, Gaza
Mains level: Israel-Palestine Issue
India has termed Gaza violence as grave concern and called for immediate resumption of talk between Israel and Palestine.
Here we explain the roots of the Israel-Palestine conflict, the two-state solution and why it has not materialized.
What is the Israel-Palestine conflict?
The land to which Jews and Palestinians lay claim to was under the Ottoman Empire and then the British Empire in early 20th century.
Palestinian people —the Arab people from the same area— want to have a state by the name of Palestine in that area.
The conflict between Israelis and Palestinians is over who gets what land and how it’s controlled.
Jews fleeing the persecution in Europe at the time wanted to establish a Jewish state on the land which they believe to be their ancient homeland.
The Arab at the time resisted, saying the land was theirs.
The land at the time was called Palestine.
In 1917’s Balfour Declaration, the United Kingdom declared its support for the establishment of a “national home for the Jewish people” in Palestine.
Arabs resisted it which led to violence.
When did the migration begin?
Some 75,000 Jews migrated to Palestine from1922-26 and some 60,000 Jews emigrated in 1935, according to a history published by the University of Central Arkansas.
It adds that Palestinian Arabs demanded the UK to halt Jewish emigration, but the UK ignored such calls. There were violent incidents, leading to deaths of some 500 people.
In 1923, the British Mandate for Palestine came into effect.
The document was issued by the League of Nations, the failed predecessor of the United Nations (UN).
The Mandate gave the UK the responsibility for creating a Jewish national homeland in the region.
In 1936, the UK government, recommended the partition of Palestine into Jewish and Arab states.
Issue at the UN
In 1947, Britain referred the issue of Palestine to the UN, which came up with a partition plan.
It put up two proposals. One, two separate states joined economically —the majority proposal— and, two, a single bi-national state made up of autonomous Jewish and Palestinian areas, the minority proposal.
The Jewish community approved of the first of these proposals, while the Arabs opposed them both.
Israel declares independence
In May 1948, Israel declared its independence.
The Arab countries of Lebanon, Syria, Iraq, and Egypt invaded the newly-declared country immediately.
When the war ended, Israel gained some territory formerly granted to Palestinian Arabs under the UN resolution in 1947.
It also retained control over the Gaza Strip and the West Bank respectively.
The two-state solution and why it hasn’t worked out
The two-state solution refers to an arrangement where Israeli and Palestinian states co-exist in the region.
However, such a solution has not materialised over the decades.
As outlined in the beginning and in the briefly explained roots of the conflict, the two-state solution means two separate states for Israelis and Palestinians.
There are four main reasons why the two-state solution has not materialized by now:
[1] Borders
There is no consensus as to how to draw the lines dividing the two proposed states.
Many people say borders should have pre-1967 lines.
In 1967 Israeli-Arab war, Israel captured Sinai Peninsula, Gaza Strip, West Bank, Old City of Jerusalem, and Golan Heights.
Israel is not willing to give up these gains. It returned Sinai to Egypt in 1982.
Moreover, there is the question of Israeli settlements in West Bank.
[2] Question of Jerusalem
Both Israel and Palestinians claim Jerusalem as their capital and call it central to their religion and culture.
The two-state solution typically calls for dividing it into an Israeli West and a Palestinian East, but it is not easy to draw the line — Jewish, Muslim and Christian holy sites are on top of one another.
Israel has declared Jerusalem its ‘undivided capital’, effectively annexing its eastern half, and has built up construction that entrenches Israeli control of the city.
[3] Refugees
A large number of Palestinians had to flee in the 1948 War.
They and their descendants —numbering at 5 million— demand a right to return. Israel rejects this.
The return of these people would end the demographic majority of Jews, ending the idea of Israel that’s both democratic and Jewish.
[4] Security
Security concerns are also central to Israel as it’s constantly harassed by terrorist group Hamas that controls Gaza Strip.
Hamas and other Islamist group in Gaza launch rockets into Israel time-to-time.
Moreover, there are also concerns of Palestinians’ attack inside Israel.
This year in March-April, at least 18 Israelis were killed in Palestinian attacks inside Israel.
A total of 27 Palestinians were also killed in the period, including those who carried out attacks inside Israel. Palestinians too have their concerns.
For Palestinians, security means an end to foreign military occupation.
Why the two-state solution is needed?
Besides fulfilling the basic desire of both Jews and Arabs of their own states, supporters of two-state solutions say it must be backed because its alternatives are simply not workable.
A single state merging Israel, West Bank, and Gaza would reduce Jews to a minority.
At the same time, in such a state, Jews would be a significant minority which would mean that the Arab majority would be miffed.
Moral reasoning too for a two-state solution
It says that the aspirations of one person should not be overridden for others’ aspirations.
It’s a struggle for collective rights between two distinct groups of people.
Jews are the global micro-minority with a very small piece of land to exist.
Depriving Israeli Jews of a Jewish state or Palestinians of a Palestinian state would represent a subordination of one group’s aspirations to someone else’s vision.
Way forward
India opines that long-term peace in Israel and Palestine can be achieved only through a negotiated two-State solution leading.
This can be done with the establishment of a sovereign, independent and viable State of Palestine living within secure and recognized borders.
From UPSC perspective, the following things are important :
Prelims level: Electricity Amendment Bill
Mains level: Read the attached story
The government has tabled the Electricity (Amendment) Bill 2022 in the Lok Sabha. This has drawn huge protests across the country, in states like Tamil Nadu, Telangana, Rajasthan, and others.
Electricity (Amendment) Bill
This Bill amends the Electricity Act, 2003. The Act regulates the electricity sector in India.
It sets up the Central and State Electricity Regulatory Commissions (CERC and SERCs) to regulate inter-state and intra-state matters, respectively.
Key provisions under the Bill are:
Multiple discoms in the same area: The Act provides for multiple distribution licensees (discoms) to operate in the same area of supply. The Bill removes this requirement. It adds that a discom must provide non-discriminatory open access to its network to all other discoms operating in the same area, on payment of certain charges.
Power procurement and tariff: Upon grant of multiple licenses for the same area, the power and associated costs as per the existing power purchase agreements (PPAs) of the existing discoms will be shared between all discoms.
Cross-subsidy Balancing Fund: The Bill adds that upon grant of multiple licenses for the same area, the state government will set up a Cross-subsidy Balancing Fund. Cross-subsidy refers to the arrangement of one consumer category subsidising the consumption of another consumer category. Any surplus with a distribution licensee on account of cross-subsidy will be deposited into the fund.
Rules of Centre: The Bill specifies that the above matters related to the operation of multiple discoms in the same area will be regulated in accordance with the rules made by the central government under the Act.
License for distribution in multiple states: As per the Bill, the CERC will grant licenses for distribution of electricity in more than one state.
Payment security: The Bill provides that electricity will not be scheduled or despatched if adequate payment security is not provided by the discom. The central government may prescribe rules regarding payment security.
Contract enforcement: The Bill empowers the CERC and SERCs to adjudicate disputes related to the performance of contracts. These refer to contracts related to the sale, purchase, or transmission of electricity. Further, the Commissions will have powers of a Civil Court.
Renewable purchase obligation: The Act empowers SERCs to specify renewable purchase obligations (RPO) for discoms. RPO refers to the mandate to procure a certain percentage of electricity from renewable sources. The Bill adds that RPO should not be below a minimum percentage prescribed by the central government. Failure to meet RPO will be punishable with a penalty between 25 paise and 50 paise per kilowatt of the shortfall.
Selection committee for SERCs: Under the Act, the Chairperson of the Central Electricity Authority or the Chairperson of the CERC is one of the members of the selection committee to recommend appointments to the SERCs. Under the Bill, instead of this person, the central government will nominate a member to the selection committee. The nominee should not be below the rank of Additional Secretary to the central government.
Other key provisions
Tariff Ceilings: The Bill makes provision for “mandatory” fixing of minimum as well as maximum tariff ceilings by the “appropriate commission” to avoid predatory pricing by power distribution companies and to protect consumers.
Tariff revisions: The amendment has several provisions to ensure graded and timely tariff revisions that will help provide state power utilities enough cash to be able to make timely payments to power producers. This move is aimed at addressing the recurrent problem of default by distribution companies in payment to generation companies.
Payment security mechanism: The bill through amendments in Section 166 of the Act also seeks to strengthen payment security mechanisms and give more powers to regulators. It has become necessary to strengthen the regulatory mechanism, adjudicatory mechanism in the Act and to bring administrative reforms through improved corporate governance of distribution licensees.
Why is it being opposed?
Provisions of the Bill are being opposed by a number of opposition-ruled states.
It is being termed anti-federal in spirit.
Power as a subject comes under the Concurrent List and it was the “the bounden duty or the mandatory obligation” of the Centre to consult the states.
Criticisms
If passed in its current form it will lead to a major loss for government distribution companies, eventually helping to establish the monopoly of a few private companies in the country’s power sector.
By bringing in more retailers or distribution licensees, the quality of service or price is not going to be any different.
How will these amendments help?
Power freebie: The Bill comes at a time when there is a debate around freebies being offered by political parties.
Discom crisis: Various state power distribution companies (Discoms) have not been able to raise enough resources to make timely payments to power generating companies.
Empowering discoms: Empowering the regulator to be able to take calls on tariff revision and ensuring that the government freebies, even on electricity, should be through direct benefit transfer.
From UPSC perspective, the following things are important :
Prelims level: UNSC
Mains level: Paper 2- India-Switzerland relations
Context
Two countries will commemorate next year the 75th anniversary of the signing in New Delhi of the 1948 Treaty of Friendship.
Cooperation between two countries in various area
Switzerland and Indian partners are collaborating on digital transformation, sustainability, health, life sciences, medtech, infrastructure, cleantech, fintech, blockchain, AI and robotics.
Innovation and investment continue to be the primary drivers of our bilateral relations.
With over 330 Swiss companies, Switzerland is the 12th largest investor in India.
About 100 Swiss companies manufacture locally and support the Make in India initiative.
Trade talks between Switzerland (European Free Trade Association EFTA) and India are high on the priority list.
Digitalisation is emerging as a relatively new area of engagement with enormous potential for Switzerland and India.
Switzerland plays a leading role in researching new technologies and is home to many innovative and world-leading technology companies.
As one of the most innovative countries of the world, Switzerland seeks to engage with India, the leader of the Industry 4.0 revolution, in areas ranging from digital governance to digital self-determination.
Switzerland in UNSC as non-permanent member
Switzerland was elected to the United Nations Security Council as a non-permanent member for the first time this year in June.
Convergence in priorities at Security Council: There are convergences in Swiss and Indian priorities at the UN Security Council.
Switzerland, like India, is committed to a robust and effective multilateral system.
In the Security Council, Switzerland will do everything possible to ensure sustainable peace.
Many years ago, from 1971 to 1976, Switzerland represented India’s interests in Pakistan and vice versa.
In the Security Council, Switzerland will focus on the protection of civilians and on international humanitarian law.
Impact of climate change on security: Switzerland will also address climate change and its impact on security.
Reforms of Security Council: Switzerland desires effective UN institutions.
India has been advocating for a reform of the Security Council.
Switzerland’s fourth priority in 2023 and 2024 will be to contribute to improving the United Nations Security Council’s effectiveness towards greater transparency and accountability.
Conclusion
Two countries can together contribute to global good. This engagement is a result of not only our shared priorities, but also our shared democratic values and foreign policy independence.
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Disruptions in legislatures
Context
The inability of Parliament to transact any business and the lack of serious deliberation must be a matter of grave concern for all.
Purpose of deliberative democracy
In a deliberative democracy, Parliament works as a special purpose vehicle for the legislative scrutiny of bills, grievance redressal and debate on policies and related governance issues.
Its failure to transact business is a sad commentary on three aspects — Members of Parliament, the presiding officers as well as the rules and regulations that define the functioning of both Houses.
How disruption affects Member of Parliaments
For any parliamentarian, it is extremely disappointing to be unable to speak in the House for which he or she has — in most cases —given notice and come prepared.
And when this happens too often, their enthusiasm decreases.
Impact on quality of debate: In such a situation, members are often tempted to make a popular intervention than a substantive one.
This certainly impacts the quality of debates negatively.
Challenges for presiding officer
For the presiding officers too, preventing disruptions is a serious challenge.
Perhaps presiding officers can emulate the courts of law.
Use of in-camera proceedings: Like in courts, the presiding officers need to consider conducting in-camera proceedings in their chambers to insulate at least the Zero Hour and Question Hour from getting washed out.
While the House remains force-adjourned, presiding officers can order in-camera hearing of questions of MPs and replies of ministers.
Zero Hour submissions could also be dealt with similarly.
Some tweaking of existing rules and regulations may facilitate this.
Issues with media coverage of Parliamentary proceedings
In any polity, systems work effectively when wrongdoers are punished and rule-abiding people are rewarded.
What happens currently is exactly the opposite, especially in the context of coverage of parliamentary proceedings in mainstream media.
The space allocated for parliamentary proceedings in both, print and electronic media is shrinking fast.
Rarely does one finds adequate coverage of Question Hour or Zero Hour compared to the past.
Debates on bills are also subject to brief and sketchy reporting.
Although disruptions have become common, they continue to get reported without fail and disruptors often bask in the media limelight.
As against this, those who make a reasonably good speech — well argued and supported by statistics, examples or case studies — rarely get adequate attention.
This too hampers the interest of parliamentarians.
It is high time we rise above the temptations of this tendency and think seriously about systemic reforms.
Conclusion
As the Parliament of independent India enters the eighth decade of its history and prepares to enter a new, more well-equipped and modern Parliament House, it is the right time to think about how we can add value to our deliberative democracy.
From UPSC perspective, the following things are important :
Prelims level: Quit India Movement
Mains level: Read the attached story
On this day 80 years ago — on August 9, 1942 — the people of India launched the decisive final phase of the struggle for independence through the Quit India Movement.
Quit India Movement
It was a mass upsurge against colonial rule on a scale not seen earlier, and it sent out the unmistakable message that the sun was about to set on the British Empire in India.
Mahatma Gandhi, who had told the Raj to “Quit India” on the previous day (August 8) was already in jail along with the entire Congress leadership.
So when August 9 dawned, the people were on their own — out on the street, driven by the Mahatma’s call of “Do or Die”.
This truly people-led movement was eventually crushed violently by the British, but by then it was clear that nothing short of their final departure was acceptable to India’s masses.
The slogan ‘Quit India’
While Gandhi gave the clarion call of Quit India, the slogan was coined by Yusuf Meherally, a socialist and trade unionist who also served as Mayor of Bombay.
A few years ago, in 1928, it was Meherally who had coined the slogan “Simon Go Back”.
Build-up to August 1942
Failure of Cripps Mission: While factors leading to such a movement had been building up, matters came to a head with the failure of the Cripps Mission. With WW2 raging, the beleaguered British government needed the cooperation of its colonial subjects. With this in mind, in March 1942, a mission led by Sir Stafford Cripps arrived in India to meet leaders of the Congress and the Muslim League.
Betrayal on WW2 Promises: The idea was to secure India’s whole-hearted support in the war, and the return offer to Indians was the promise of self-governance. But things did not go that way.
No complete freedom: Despite the promise of “the earliest possible realisation of self-government in India”, Cripps only offered dominion status, not freedom.
Unviable partition plan: Also, there was a provision for the partition of India, which was not acceptable to the Congress.
Gandhiji’s departure from non-violent struggle
The failure of the Cripps Mission made Gandhi realise that freedom would come only if Indians fought tooth and nail for it.
The Congress was initially reluctant to launch a movement that could hamper Britain’s efforts to defeat the fascist forces. But it eventually decided on mass civil disobedience.
At the Working Committee meeting in Wardha in July 1942, it was decided the time had come for the movement to move into an active phase.
Gandhi’s address: Do or Die
On August 8, 1942, Gandhi addressed the people in the Gowalia Tank maidan in Bombay (Mumbai). “Here is a mantra, a short one that I give you.
Imprint it on your hearts, so that in every breath you give expression to it,” he said.
“The mantra is: ‘Do or Die’. We shall either free India or die trying; we shall not live to see the perpetuation of our slavery,” Gandhi said.
Aruna Asaf Ali hoisted the Tricolour on the ground. The Quit India movement had been officially announced.
The government cracked down immediately, and by August 9, Gandhi and all other senior Congress leaders had been jailed.
Gandhi was taken to the Aga Khan Palace in Poona (Pune), and later to Yerwada jail. It was during this time that Kasturba Gandhi died at the Aga Khan Palace.
Course of events
(1) People vs. the Raj
The arrest of their leaders failed to deter the masses.
With no one to give directions, people took the movement into their own hands.
In Bombay, Poona, and Ahmedabad, hundreds of thousands of ordinary Indians clashed with the police.
The following day (August 10), protests erupted in Delhi, UP, and Bihar.
There were strikes, demonstrations and people’s marches in defiance of prohibitory orders in Kanpur, Patna, Varanasi, and Allahabad.
The protests spread rapidly into smaller towns and villages.
Till mid-September, police stations, courts, post offices, and other symbols of government authority came under repeated attack.
(2) Working class involvement
Railway tracks were blocked, students went on strike in schools and colleges across India, and distributed illegal nationalist literature.
Mill and factory workers in Bombay, Ahmedabad, Poona, Ahmednagar, and Jamshedpur stayed away for weeks.
(3) Violent phase
Bridges were blown up, telegraph wires were cut, and railway lines were taken apart.
Outcome: Brutal suppression
The Quit India movement was violently suppressed by the British — people were shot and lathi-charged, villages were burnt, and backbreaking fines were imposed.
In the five months up to December 1942, an estimated 60,000 people had been thrown into jail.
However, though the movement was quelled, it changed the character of the Indian freedom struggle, with the masses rising up to demand with a passion and intensity like never before.
Try this PYQ:
Q. Quit India Movement was launched in response to:
From UPSC perspective, the following things are important :
Prelims level: Guardianship in India
Mains level: Not Much
A mother and father should have equal rights as guardians of their children and the Hindu Minority and Guardianship Act (HMGA), 1956 should be amended as it discriminates against women, a parliamentary panel has recommended in its report.
Why in news now?
The said Act does NOT provide for joint guardianship.
NOR does it recognise the mother as the guardian of the minor legitimate child unless the father is deceased or is found unfit.
The Act gives preference to father over mother.
Thus it goes against the right to equality and right against discrimination envisaged under Articles 14 and 15 of the Constitution.
What is Guardianship?
A guardian is a person appointed to look after another person or his property in India, as per the personal laws of the religion into which the minor was born.
He or she takes on the responsibility of caring for and protecting the person for whom he or she has been appointed guardian.
On behalf of the ward’s person and property, the guardian makes all legal decisions.
Guardianship under the Hindu law
The Hindu Minority and Guardianship Act, 1956, regulates guardianship of minor children in Hindu law (covers Hindus, Sikhs, Jains and Buddhists in India).
A minor is described as anyone under the age of eighteen, according to Section 4(a) of the Act.
A guardian, according to Section 4(b) of the Act, is an individual who is responsible for the child’s care, property, or both.
The various forms of guardianship in India include:
Natural guardian: Only three people are considered natural guardians, according to Section 6 of the 1956 Act: the mother, father, and husband.
Testamentary guardian: A testamentary guardian is a guardian appointed in a will by the natural guardian. A father has the testamentary right to appoint a guardian for his legitimate children or property or both. If the mother is alive after the father’s death, she will be the guardian of the children, and the fathers will be restored only if the mother dies without appointing a guardian.
Guardian appointed by the court: The court can appoint a guardian to a child under the Guardians and Wards Act, 1890 who would be called a certified guardian. The powers of the certified guardian are also stated in the Act. The Act confers power to district courts.
De facto guardian: A de facto guardian is someone who has consistently shown an interest in caring for, handling, or managing the infant, his or her property, or both. A de facto guardian is not a legal guardian, and therefore, has no legal authority over the child or the child’s property, but he has assumed responsibility for the child and the property.
Guardians by affinity: The guardianship of a minor widow by a relative within the degree of sapinda (generation of ancestors) is known as affinity guardianship.
Guardianship under Muslim law
The law of guardianship in Muslims came from certain verses in the religious texts.
Natural guardian: The only father is considered the natural guardian of a child under Muslim law, and the mother is not considered a natural or other guardian even after the father’s death.
Testamentary guardian: The term wali, guardian, amin, or kaim-mukam refers to a testamentary guardian.
Guardian appointed by the court: When natural and testamentary guardians fail, the court has the right to appoint a guardian for the child. The Guardians and Wards Act of 1890 governs the appointment of a guardian for a child from any group.
Prelims Only | Polity | Mains Paper 2: Indian Constitution - historical underpinnings, evolution, features, amendments, significant provisions and basic structure
Note4Students
From UPSC perspective, the following things are important :
Prelims level: PESA Act
Mains level: Not Much
A Political Party has declared a six-point “guarantee” for tribals in Gujarat’s Chhota Udepur district, including the “strict implementation” of The Panchayats (Extension to the Scheduled Areas) Act (PESA Act).
What is PESA Act?
The PESA Act was enacted in 1996 to provide for the extension of the provisions of Part IX of the Constitution relating to the Panchayats to the Scheduled Areas.
Other than Panchayats, Part IX, comprising Articles 243-243ZT of the Constitution, contains provisions relating to Municipalities and Cooperative Societies.
Under the PESA Act, Scheduled Areas are those referred to in Article 244(1), which says that the provisions of the Fifth Schedule shall apply to the Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram.
The Fifth Schedule provides for a range of special provisions for these areas.
How is the PESA Act, 1996 supposed to work?
The PESA Act was enacted to ensure self-governance through Gram Sabhas (village assemblies) for people living in the Scheduled Areas.
It recognises the right of tribal communities to govern themselves through their own systems of self-government, and also acknowledges their traditional rights over natural resources.
In pursuance of this objective, the Act empowers Gram Sabhas to play a key role in approving development plans and controlling all social sectors.
Special powers accorded by PESA Act includes the:
Processes and personnel who implement policies
Exercising control over minor (non-timber) forest resources
Minor water bodies and minor minerals
Managing local markets
Preventing land alienation and
Regulating intoxicants among other things
States and PESA Act
State governments are expected to amend their respective Panchayati Raj Acts without making any law that would be inconsistent with the mandate of PESA.
Ten states — Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana — have notified Fifth Schedule areas that cover partially or fully several districts in each of these states.
After the PESA Act was enacted, the central Ministry of Panchayati Raj circulated model PESA Rules.
So far, six states have notified these Rules, including Gujarat.
What is the issue in Gujarat?
Gujarat notified the State PESA Rules in January 2017, and made them applicable in 4,503 gram sabhas under 2,584 village panchayats in 50 tribal talukas in eight districts of the state.
The provisions of the law deem the Gram Sabhas as “most competent”.
However, the Act has not been enforced in letter and spirit.
The Act lays down that the state must conduct elections in such a way that the tribal representation is to be dominant in the Gram Sabha Committees.
Yet again, there has been no attempt to proportionally increase the representation.
Try this PYQ:
Q.The Government enacted the Panchayat Extension to Scheduled Areas (PESA) Act in 1996. Which one of the following is not identified as its objective?
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 3- Use of technology to curb illegal mining
Context
While laws and monitoring have been made stringent for the mining of major minerals consequent to the unearthing of several related scams across the country, the fact is that rampant and illegal mining of minor minerals continues unabated.
What are minor minerals?
“Minor minerals” means building stones, gravel, ordinary clay, ordinary sand other than sand used for prescribed purposes, and any other mineral which the Central Government may, by notification in the Official Gazette, declare to be a minor mineral;
Regulation exclusively by States: Unlike major minerals, the regulatory and administrative powers to frame rules, prescribe rates of royalty, mineral concessions, enforcement, etc. are entrusted exclusively to the State governments.
The Environment Impact Assessment (EIA) Notifications of 1994 and 2006 made environmental clearance compulsory for mining in areas more than or equal to five hectares.
The EIA was amended in 2016 which made environmental clearance mandatory for mining in areas less than five hectares, including minor minerals.
The amendment also provided for the setting up of a District Environment Impact Assessment Authority (EIAA) and a District Expert Appraisal Committee (EAC).
The problem of illegal mining of minor minerals
The United Nations Environment Programme, in 2019, ranked India and China as the top two countries where illegal sand mining has led to sweeping environmental degradation.
No comprehensive assessment: Despite this, there is no comprehensive assessment available to evaluate the scale of sand mining in India.
Damage to the environment: Regional studies such as those by the Centre for Science and Environment of the Yamuna riverbed in Uttar Pradesh have observed that increasing demand for soil has severely affected soil formation and the soil holding ability of the land, leading to a loss in marine life, an increase in flood frequency, droughts, and also degradation of water quality.
Loss to exchequer: It is not just damage to the environment. Illegal mining causes copious losses to the state exchequer.
A State-wide review of the reasons behind non-compliance suggests a malfunction of governance due to weak institutions, a scarcity of state resources to ensure enforcement, poorly drafted regulatory provisions, inadequate monitoring and evaluation mechanisms, and excessive litigation that dampens state administrative capacity.
Way forward: Use of technology
Use of satellite imagery: Satellite imagery can be used to monitor the volume of extraction and also check the mining process.
Recently, the NGT directed some States to use satellite imagery to monitor the volume of sand extraction and transportation from the riverbeds.
Drones, IoT and blockchain: Additionally, drones, the internet of things (IoT) and blockchain technology can be leveraged to monitor mechanisms by using Global Positioning System, radar and Radio Frequency (RF) Locator.
State governments such as Gujarat and judicial directions such as the High Court of Madras have employed some of these technologies to check illegal sand mining.
Conclusion
Protecting minor minerals requires investment in production and consumption measurement and also monitoring and planning tools. To this end, technology has to be used to provide a sustainable solution.
From UPSC perspective, the following things are important :
Prelims level: SSLV, PSLV, GSLV
Mains level: Not Much
The Indian Space Research Organisation (ISRO) has said that the satellite onboard its’ maiden Small Satellite Launch Vehicle “are no longer usable” after the SSLV-D1 placed them in an elliptical orbit instead of a circular one.
What is SSLV?
The SSLV is a small-lift launch vehicle being developed by the ISRO with payload capacity to deliver:
It would help launching small satellites, with the capability to support multiple orbital drop-offs.
In future a dedicated launch pad in Sriharikota called Small Satellite Launch Complex (SSLC) will be set up.
A new spaceport, under development, near Kulasekharapatnam in Tamil Nadu will handle SSLV launches when complete.
After entering the operational phase, the vehicle’s production and launch operations will be done by a consortium of Indian firms along with NewSpace India Limited (NSIL).
Vehicle details
(A) Dimensions
Height: 34 meters
Diameter: 2 meters
Mass: 120 tonnes
(B) Propulsion
It will be a four stage launching vehicle.
The first three stages will use Hydroxyl-terminated polybutadiene (HTPB) based solid propellant, with a fourth terminal stage being a Velocity-Trimming Module (VTM).
SSLV vs. PSLV: A comparison
The SSLV was developed with the aim of launching small satellites commercially at drastically reduced price and higher launch rate as compared to Polar SLV (PSLV).
The projected high launch rate relies on largely autonomous launch operation and on overall simple logistics.
To compare, a PSLV launch involves 600 officials while SSLV launch operations would be managed by a small team of about six people.
The launch readiness period of the SSLV is expected to be less than a week instead of months.
The SSLV can carry satellites weighing up to 500 kg to a low earth orbit while the tried and tested PSLV can launch satellites weighing in the range of 1000 kg.
The entire job will be done in a very short time and the cost will be only around Rs 30 crore for SSLV.
Significance of SSLV
SSLV is perfectly suited for launching multiple microsatellites at a time and supports multiple orbital drop-offs.
The development and manufacture of the SSLV are expected to create greater synergy between the space sector and private Indian industries – a key aim of the space ministry.
Back2Basics: Various Orbits of Satellites
[1] Geostationary orbit (GEO)
Satellites in geostationary orbit (GEO) circle Earth above the equator from west to east following Earth’s rotation – taking 23 hours 56 minutes and 4 seconds – by travelling at exactly the same rate as Earth.
This makes satellites in GEO appear to be ‘stationary’ over a fixed position.
In order to perfectly match Earth’s rotation, the speed of GEO satellites should be about 3 km per second at an altitude of 35 786 km.
This is much farther from Earth’s surface compared to many satellites.
GEO is used by satellites that need to stay constantly above one particular place over Earth, such as telecommunication satellites.
Satellites in GEO cover a large range of Earth so as few as three equally-spaced satellites can provide near-global coverage.
[2] Low Earth orbit (LEO)
A low Earth orbit (LEO) is, as the name suggests, an orbit that is relatively close to Earth’s surface.
It is normally at an altitude of less than 1000 km but could be as low as 160 km above Earth – which is low compared to other orbits, but still very far above Earth’s surface.
Unlike satellites in GEO that must always orbit along Earth’s equator, LEO satellites do not always have to follow a particular path around Earth in the same way – their plane can be tilted.
This means there are more available routes for satellites in LEO, which is one of the reasons why LEO is a very commonly used orbit.
It is most commonly used for satellite imaging, as being near the surface allows it to take images of higher resolution.
Satellites in this orbit travel at a speed of around 7.8 km per second; at this speed, a satellite takes approximately 90 minutes to circle Earth.
[3] Medium Earth orbit (MEO)
Medium Earth orbit comprises a wide range of orbits anywhere between LEO and GEO.
It is similar to LEO in that it also does not need to take specific paths around Earth, and it is used by a variety of satellites with many different applications.
It is very commonly used by navigation satellites, like the European Galileo system of Europe.
It uses a constellation of multiple satellites to provide coverage across large parts of the world all at once.
[4] Polar Orbit
Satellites in polar orbits usually travel past Earth from north to south rather than from west to east, passing roughly over Earth’s poles.
Satellites in a polar orbit do not have to pass the North and South Pole precisely; even a deviation within 20 to 30 degrees is still classed as a polar orbit.
Polar orbits are a type of low Earth orbit, as they are at low altitudes between 200 to 1000 km.
[5] Sun-synchronous orbit (SSO)
SSO is a particular kind of polar orbit. Satellites in SSO, travelling over the polar regions, are synchronous with the Sun.
This means they are synchronised to always be in the same ‘fixed’ position relative to the Sun.
This means that the satellite always visits the same spot at the same local time.
Often, satellites in SSO are synchronised so that they are in constant dawn or dusk – this is because by constantly riding a sunset or sunrise, they will never have the Sun at an angle where the Earth shadows them.
A satellite in a Sun-synchronous orbit would usually be at an altitude of between 600 to 800 km. At 800 km, it will be travelling at a speed of approximately 7.5 km per second.
[6] Transfer orbits and geostationary transfer orbit (GTO)
Transfer orbits are a special kind of orbit used to get from one orbit to another.
Often, the satellites are instead placed on a transfer orbit: an orbit where, by using relatively little energy from built-in motors, the satellite or spacecraft can move from one orbit to another.
This allows a satellite to reach, for example, a high-altitude orbit like GEO without actually needing the launch vehicle.
Reaching GEO in this way is an example of one of the most common transfer orbits, called the geostationary transfer orbit (GTO).
From UPSC perspective, the following things are important :
Prelims level: NRC, NPR
Mains level: Read the attached story
The Guwahati High Court has asked the Centre and the Assam government to collectively decide whether or not the ministerial staff for 200 additional Foreigners’ Tribunals (FT) would be appointed.
Do you know?
The Guwahati High Court has largest jurisdiction in terms of states, with its area covering the states of Assam, Arunachal Pradesh, Nagaland, and Mizoram.
What is Foreigners Tribunal?
The foreigners tribunals are quasi-judicial bodies, unique to Assam, to determine if a person staying illegally is a “foreigner” or not.
With Assam’s NRC as the backdrop, the Ministry of Home Affairs (MHA) has laid out specific guidelines to detect, detain and deport foreign nationals staying illegally across the country.
The MHA has amended the Foreigners (Tribunals) Order, 1964, and has empowered district magistrates in all States and UTs to set up tribunals to decide whether a person staying illegally in India is a foreigner or not.
Earlier, such powers to constitute tribunals vested with the Centre only.
Why need such tribunals?
In other parts, once a ‘foreigner’ has been apprehended by the police for staying illegally, he or she is produced before the local court under the Passport Act, 1920, or the Foreigners Act, 1946.
The punishment ranges from imprisonment of three months to eight years.
Once the accused have completed the sentence, the court orders their deportation, and they are moved to detention centres till the country of origin accepts them.
What was the last amendment?
The 1964 order on Constitution of Tribunals said: “The Central Government may by order, refer the question as to whether a person is not a foreigner within meaning of the Foreigners Act, 1946 to a Tribunal to be constituted for the purpose.
The amended order issued says – “for words Central Government may,’ the words ‘the Central Government or the State Government or the UT administration or the District Collector or the District Magistrate may’ shall be substituted.”
Impact of the Amendment
The amended Foreigners (Tribunal) Order, 2019 also empowers individuals to approach the Tribunals.
Earlier only the State administration could move the Tribunal against a suspect, but with the final NRC about to be published and to give adequate opportunity to those not included, this has been done.
If a person doesn’t find his or her name in the final list, they could move the Tribunal.
The amended order also allows District Magistrates to refer individuals who haven’t filed claims against their exclusion from NRC to the Tribunals to decide if they are foreigners or not.
Opportunity will also be given to those who haven’t filed claims by referring their cases to the Tribunals.
Fresh summons will be issued to them to prove their citizenship.
From UPSC perspective, the following things are important :
Prelims level: Collegium system, NJAC
Mains level: Collegium system, NJAC
Why in news?
The Ramana Collegium has been particularly successful.
Meeting frequently and working quickly, they took the perennial problem of judicial vacancies by its horns and turned it around.
Success of Ramana Collegium
The collegium was able to recommend numerous judicial appointments and scripted history by getting nine Supreme Court judges appointed in one go.
Of the nine, Justice B.V. Nagarathna, is in line to be the first woman CJI in 2027.
What exactly is the Collegium System?
The collegium system was born out of years of friction between the judiciary and the executive.
The hostility was further accentuated by instances of court-packing (the practice of changing the composition of judges in a court), mass transfer of HC judges and two supersessions to the office of the CJI in the 1970s.
The Three Judges cases saw the evolution of the collegium system.
Evolution: The Judges Cases
First Judges Case (1981) ruled that the “consultation” with the CJI in the matter of appointments must be full and effective.
However, it rejected the idea that the CJI’s opinion, albeit carrying great weight, should have primacy.
Second Judges Case (1993) introduced the Collegium system, holding that “consultation” really meant “concurrence”.
It added that it was not the CJI’s individual opinion, but an institutional opinion formed in consultation with the two senior-most judges in the Supreme Court.
Third Judges Case (1998): On a Presidential Reference for its opinion, the Supreme Court, in the Third Judges Case (1998) expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues.
How does the collegium system work?
The collegium of the CJI and four senior-most judges of the Supreme Court make recommendations for appointments to the apex court and High Courts.
The collegium can veto the government if the names are sent back by the latter for reconsideration.
The basic tenet behind the collegium system is that the judiciary should have primacy over the government in matters of appointments and transfers in order to remain independent.
The procedure followed by the Collegium
Appointment of CJI
The President of India appoints the CJI and the other SC judges.
As far as the CJI is concerned, the outgoing CJI recommends his successor.
In practice, it has been strictly by seniority ever since the supersession controversy of the 1970s.
The Union Law Minister forwards the recommendation to the PM who, in turn, advises the President.
Other SC Judges
For other judges of the top court, the proposal is initiated by the CJI.
The CJI consults the rest of the Collegium members, as well as the senior-most judge of the court hailing from the High Court to which the recommended person belongs.
The consultees must record their opinions in writing and it should form part of the file.
The Collegium sends the recommendation to the Law Minister, who forwards it to the Prime Minister to advise the President.
For High Courts
The CJs of High Courts are appointed as per the policy of having Chief Justices from outside the respective States. The Collegium takes the call on the elevation.
High Court judges are recommended by a Collegium comprising the CJI and two senior-most judges.
The proposal, however, is initiated by the Chief Justice of the High Court concerned in consultation with two senior-most colleagues.
The recommendation is sent to the Chief Minister, who advises the Governor to send the proposal to the Union Law Minister.
Does the Collegium recommend transfers too?
Yes, the Collegium also recommends the transfer of Chief Justices and other judges.
Article 222 of the Constitution provides for the transfer of a judge from one High Court to another.
When a CJ is transferred, a replacement must also be simultaneously found for the High Court concerned. There can be an acting CJ in a High Court for not more than a month.
In matters of transfers, the opinion of the CJI “is determinative”, and the consent of the judge concerned is not required.
However, the CJI should take into account the views of the CJ of the High Court concerned and the views of one or more SC judges who are in a position to do so.
All transfers must be made in the public interest, that is, “for the betterment of the administration of justice”.
Loopholes in the Collegium system
Lack of Transparency: Opaqueness and a lack of transparency, and the scope for nepotism are cited often.
Judges appointing Judge: The attempt made to replace it with a ‘National Judicial Appointments Commission’ was struck down by the court in 2015 on the ground that it posed a threat to the independence of the judiciary.
Criteria: Some do not believe in full disclosure of reasons for transfers, as it may make lawyers in the destination court chary of the transferred judge. It has even been accused of nepotism.
Way ahead
In respect of appointments, there has been an acknowledgment that the “zone of consideration” must be expanded to avoid criticism that many appointees hail from families of retired judges.
The status of a proposed new memorandum of procedure, to infuse greater accountability, is also unclear.
Even the majority opinions admitted the need for transparency, now Collegiums’ resolutions are now posted online, but reasons are not given.
From UPSC perspective, the following things are important :
Prelims level: Lemurs, Continental Drift Theory
Mains level: Continental Drift Theory
This newscard is an excerpt from the original article published in TH which talks about the specie Lemurs who are supposed to jump into seas to find India which got drifted away from the Madagascar.
Study on Lemurs
Many life forms in Madagascar have affinities to lineages found in India (3,800 km away) rather than Africa (413 km). This posed a ‘difficult enigma’ to naturalists.
One such species is the Lemurs.
We most likely see lemurs in a Hollywood animation movie; singing, dancing and playing pranks.
Zoologists was perplexed by the presence of lemurs, their relatives, and their fossils in Madagascar and India, but not in nearby Africa or the Middle East.
In the 1860s, he proposed that a large island or continent must have once existed between India and Madagascar, serving as a land bridge.
Over time, this island had sunk. He called this proposed island Lemuria.
Existence of such Island in Indian legends
Tamil revivalists such as Devaneya Pavanar also took up the idea, in the form of a Tamil civilisation, lost to the sea as described in literature and in Pandyan legends.
They called this submerged continent Kumari Kandam.
Basis of this legend: Continental Drift Theory
In the early 20th century, German geologist Alfred Wegener published a paper on his theory called continental drift.
It is a hypothesis that Earth’s continents were moving across Earth, and sometimes, even colliding into one another.
According to Wegener’s theory, Earth’s continents were once joined as a single, giant landmass, which he called Pangaea.
But over time, Pangaea broke apart and formed the continents as we know them today.
Wegener couldn’t explain why this phenomenon was happening, so at the time, his theory was heavily criticized by his colleagues.
But over the years, technological advances allowed scientists to study the Earth more closely, and geologists started to build on Wegener’s theory.
Rise over to Plate Tectonics
Discoveries like seafloor spreading helped explain the “why” behind continental movement, and eventually, Wegener’s initial continental drift theory morphed into plate tectonic theory.
And now, the idea that Earth’s crust is slowly moving beneath our feet is widely accepted.
The Seven Major Tectonic Plates
There are seven major plates, and dozens of minor plates, that make up the outer crust of the Earth. The big seven are:
North American plate
Eurasian plate
Pacific plate
South American plate
African plate
Indo-Australian plate
Antarctic plate
The areas between these plates are known as plate boundaries, and their interactions cause some crazy things to happen on Earth’s surface.
There are three types of plate boundaries:
Divergent boundary
A divergent boundary is when two plates move away from each other, which creates a fracture in the lithosphere.
A well-known divergent boundary is the Mid-Atlantic Ridge, which runs approximately 10,000 miles from the Arctic Ocean all the way down to the south of Africa.
Convergent boundary
A convergent boundary is when two plates collide with one another.
If the collision is between oceanic crust and continental crust, the denser oceanic crust slides underneath the other plate, which is a process known as subduction.
When two continental crusts collide, the rock folds and lifts at the boundary, creating mountains like the Himalayas (where the Indian plate meets the Eurasian plate).
Transform Boundary
When two plates move parallel to one another, their meeting point is called a transform boundary. The friction causes tension.
Eventually, that tension needs to be released, which can cause earthquakes.
The San Andreas Fault is a well-known major transform boundary between the North American and Pacific plates—it caused the infamous San Francisco earthquake of 1906.
How do we apply this theory here?
A landmass called Gondwana, split into two 165 million years ago — one containing what is now Africa and South America, the other comprising India, Madagascar, Australia and Antarctica.
Around 115 million years ago, Madagascar and India together broke free.
Around 88 million years ago, India moved northward, dropping a few parcels of land along the way to form Seychelles.
It joined the Eurasian mass 50 million years ago giving rise to the Himalayas and South Asia that we are familiar with.
Around 115 million years ago, it was the dinosaurs that ruled. Many life forms had not even evolved.
Substantiation to this study
(1) Fossil study
Supporting the Gondwana breakup, dinosaur fossils found in India and Madagascar are closely related and do not resemble species found in Africa and Asia.
Fragments of Laplatosaurus madagascarensis have been found in both India and Madagascar.
(2) Molecular clocks
A powerful technique, the molecular clock, is used to estimate the time when two forms of life diverged from each other.
It is based on the observation that evolutionary changes in the sequence of an RNA or a protein molecule occur at a fairly constant rate.
The difference in the amino acids of, say the haemoglobin of two animals can tell you how long ago their lineages diverged.
Molecular clocks corroborate well with other evidence, such as the fossil record.
South India and Sri Lanka have only two genuses of the cichlid family of freshwater and brackish-water fishes — the Etroplus (a food fish in Kerala, where it is called pallathi) and Pseudetroplus.
Molecular comparisons show that the nearest relatives of Etroplus are found in Madagascar, and their common ancestor diverged from African cichlids 160 million years ago.
India’s pivotal position
India occupies a pivotal position in the distribution of life forms in Asia, Madagascar and Africa. Gondwana creatures moved out of India.
Others crossed over to stay. For example, Asian freshwater crabs (Gecarcinucidae) are now found all over Southeast Asia but their most recent common ancestor evolved in India.
Fossil finds in the Vastan lignite mine in Gujarat by researchers have identified the earliest Indian mammal, a species of bat, and the earliest euprimate, a primitive lemur.
These were dated 53 million years ago, around the time (or just before) the India-Eurasian plates collided.
What about the lemurs?
Madagascar is a large island, with a variety of climatic conditions. Evidence favours an ancestor primate crossing over from Africa.
No monkey, ape or large predator managed the crossing, so dozens of lemur species proliferated.
In India, we have the lorises, which are the closest extant relatives of the lemurs.
These are shy, nocturnal forest dwellers, with large, appealing eyes.
They are also believed to have survived oceanic rides from Africa.
They are mostly found in the Northeastern States (slow loris), and where Karnataka, Kerala and Tamil Nadu meet (slender loris).
From UPSC perspective, the following things are important :
Prelims level: Herbaria
Mains level: Not Much
With details of about one lakh plant specimens, the Indian Virtual Herbarium, the biggest virtual database of flora in the country, is generating a lot of interest and turning out to be an eye-catching endeavour.
Indian Virtual Herbarium
A herbarium specimen is consists of dried plant parts with labelled information on Scientific name and collection data.
It has immense use in plant identification, systematics studies and ecological studies.
The Botanical Survey of India has more than 30,00,000 herbarium specimens persevered in different herbaria located in different parts of the country.
Developed by scientists of the Botanical Survey of India (BSI), the herbarium was inaugurated by Union Minister of Environment Forest and Climate Change in Kolkata last month.
Why in news?
Since launch, the portal ivh.bsi.gov.in has had nearly two lakh hits from 55 countries.
The portal includes about one lakh images of herbarium specimens.
Each record in the digital herbarium includes an image of the preserved plant specimen, scientific name, collection locality, and collection date, collector name, and barcode number.
The digital herbarium includes features to extract the data State-wise, and users can search plants of their own States, which will help them identify regional plants and in building regional checklists.
Significance of the herbaria
Scientists say that there are approximately three million plant specimens in the country which are with different herbaria located at zonal centres of the BSI.
About 52% of our type specimens are from foreign nations and collected from 82 countries of the world during the British-era.
The herbarium is also deeply linked with the botanical history of the country.
The portal provides most valuable historical collections of botanists like William Roxburgh, Nathaniel Wallich and Joseph Dalton Hooker, considered the founding fathers of botany in India.
The digital herbarium has some of the oldest botanical specimens dating as early as 1696.
Prelims Only | Polity | Mains Paper 2: Indian Constitution - historical underpinnings, evolution, features, amendments, significant provisions and basic structure
Note4Students
From UPSC perspective, the following things are important :
Prelims level: NRC, NPR
Mains level: Read the attached story
Bowing to demands from tribal groups, the Manipur Assembly has resolved to implement the National Register of Citizens (NRC) and establish a State Population Commission (SPC).
To date, Assam is the only northeastern State to have implemented the NRC.
What is National Register of Citizens (NRC)?
The National Register of Citizens (NRC) is a register of all Indian citizens whose creation is mandated by the 2003 amendment of the Citizenship Act, 1955.
The register was first prepared after the 1951 Census of India.
Its purpose is to document all the legal citizens of India so that the illegal immigrants can be identified and deported.
It has been implemented for the state of Assam starting in 2013–2014.
The GoI announced plans to implement it for the rest of the country in 2021, but it has not yet been implemented.
NRC and Assam
Assam, being a border state with unique problems of illegal immigration, had a register of citizens created for it in 1951 based on the 1951 census data.
However, it was not maintained afterwards.
For decades, the presence of migrants, often called “bahiragat” or outsiders, has been a loaded issue here.
The Illegal Migrants (Determination by Tribunal) Act, 1983 was then passed by the Parliament, creating a separate tribunal process for identifying illegal migrants in Assam.
The Supreme Court struck it down as unconstitutional in 2005, after which the Centre agreed to update the Assam NRC.
Who is a Foreigner in Assam?
The National Register of Citizens now takes its definition of illegal immigrants from the Assam Accord – anyone who cannot prove that they or their ancestors entered the country before the midnight of March 24, 1971, would be declared a foreigner and face deportation.
Those who entered on or after March 25, 1971, the eve of the Bangladesh War, would be declared foreigners and deported.
This means you could be born in India in 1971 to parents who crossed the border in that year, and still be termed an illegal immigrant at the age of 48.
CAA and NRC protests
These were a series of protests in India against the Citizenship (Amendment) Act, 2019 which was enacted into law on December 12, 2019, and against the nationwide implementation of the NRC.
Protesters in all regions are concerned that the upcoming compilation of the National Register of Citizens might be used to deprive a community of its Indian citizenship.
Back2Basics: National Population Register (NPR)
The NPR is a database containing a list of all usual residents of the country.
Its objective is to have a comprehensive identity database of people residing in the country.
It is generated through house-to-house enumeration during the “house-listing” phase of the census, which is held once in 10 years.
A usual resident for the purposes of NPR is a person who has resided in a place for six months or more, and intends to reside there for another six months or more.
Once the basic details of the head of the family are taken by the enumerator, an acknowledgement slip will be issued. This slip may be required for enrolment in NPR, whenever that process begins.
And, once the details are recorded in every local (village or ward), sub-district (tehsil or taluk), district and State level, there will be a population register at each of these levels.
Together, they constitute the National Population Register.
