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Archives: News

  • Women Safety Issues – Marital Rape, Domestic Violence, Swadhar, Nirbhaya Fund, etc.

    Back in news: Criminalization of Marital Rape

    rape

    The Supreme Court has agreed to hear a series of petitions seeking to criminalise marital rape.

    What is Marital Rape?

    • Marital rape is the act of sexual intercourse with one’s spouse without her consent.
    • It is no different manifestation of domestic violence and sexual abuse.
    • It is often a chronic form of violence for the victim which takes place within abusive relations.

    Status in India

    rape

    • Historically considered as right of the spouses, this is now widely classified as rape by many societies around the world.
    • In India, marital rape is not a criminal offense (as protected under IPC section 375).
    • India is one of fifty countries that have not yet outlawed marital rape.

    Recent observations by Delhi HC

    • Spousal intimacy: In a marriage, conjugal expectation is a two-way street, where “consent is given as a part of spousal intimacy although the will to engage may be absent”.
    • Need for written agreement: If every such case is treated as marital rape, then the only way partners in a marriage may survive would be by drawing up a detailed written agreement.
    • Burden of evidentiary record: This would lead to creating a detailed evidentiary record of every act of intimacy and/or by inviting a third party to act as a witness.
    • Defying marital obligations: The HC said that marriage was accompanied by obligations that the partners had to bear, including conjugal expectations, financial obligations and, finally, duty towards progeny.
    • Sexual liberty of spouses: The bench also underlined the signs of injury on a partner need not necessarily mean there had been non-consensual sex as “in the age of sexual liberation”, injuries could be a sign of “passion”.
    • Cruelty not rape: Forced sexual intercourse between a husband and wife cannot be treated as rape. At worst, it can be treated as sexual abuse found in Section 3 of the Domestic Violence Act.
    • Clash of ego: A wife cannot prescribe a particular punishment that can be imposed on the husband ‘to satisfy her ego’,” the HC said.

    Reasons for rebuttal of this concept

    • The reluctance to define non-consensual sex between married couples as a crime and to prosecute has been attributed to:
    1. Traditional views of marriage
    2. Interpretations of religious doctrines
    3. Ideas about male and female sexuality
    4. Cultural expectations of subordination of a wife to her husband
    • It is widely held that a husband cannot be guilty of any sexual act committed by himself upon his lawful wife their on account of their mutual matrimonial consent.

    Why it must be a crime?

    • Associated physical violence: Rape by a spouse, partner or ex-partner is more often associated with physical violence.
    • Mental harassment: There is research showing that marital rape can be more emotionally and physically damaging than rape by a stranger.
    • Compulsive relationship: Marital rape may occur as part of an abusive relationship.
    • Revengeful nature: Furthermore, marital rape is rarely a one-time event, but a repeated if not frequent occurrence.
    • Obligation on women: In the case of marital rape the victim often has no choice but to continue living with their spouse.

    Violation of fundamental rights

    • Marital rape is considered as a violation of FR guaranteed under Article 14 of the Indian constitution which guarantees the equal protection of laws to all persons.
    • By depriving married women of an effective penal remedy against forced sexual intercourse, it violates their right to privacy and bodily integrity, aspects of the right to life and personal liberty under Article 21.

    Problems in prosecuting marital rape

    • Lack of awareness: A lack of public awareness, as well as reluctance or outright refusal of authorities to prosecute is common globally.
    • Gender norms: Additionally, gender norms that place wives in subservient positions to their husbands, make it more difficult for women to recognize such rape.
    • Acceptability of the concept: Another problem results from prevailing social norms that exist.

    Present regulations in India

    • Indian Penal Code criminalizes rape in most cases, although marital rape is not illegal when the woman is over the age of 18.
    • However, until 2017, men married to those between 15 and 18 could not be convicted of rape.
    • Marital rape of an adult wife, who is unofficially or officially separated, is a criminal offence punishable by 2 to 7 year in prison; it is not dealt by normal rape laws which stipulate the possibility of a death sentence.
    • According to the Protection of Women From Domestic Violence Act (2005), other married women subject to such crime by their husband may demand for financial compensation.
    • They also have the right to continue to live in their marital household if they wish, or may approach shelter or aid homes.

    However, marital rape is still not a criminal offence in this case and is only a misdemeanour.

    Arguments against criminalization

    • Subjective: It is very subjective and intricate to determine whether consent was acquired or not.
    • Prone to Misuse: If marital rape is criminalized without adequate safeguards it could be misused like the current dowry law by the dissatisfied wives to harass and torture their Husbands.
    • Burden on Judiciary: It will increase the burden of judiciary which otherwise may serve other more important causes.

    Way forward

    • Sanctioning marital rape is an acknowledgement of the woman’s right to self-determination (i.e., control) of all matters relating to her body.
    • In the absence of any concrete law, the judiciary always finds it difficult to decide the matter of domestic rape in the absence of solid evidence.
    • The main purpose of marriage is procreation, and sometimes divorce is sought on the ground of non-consummation of marriage.
    • Before giving a final interpretation, the judiciary must balance the rights and duties of both partners.

     

  • OBOR Initiative

    Chinese firm to build Solomon Islands Port Project

    solomon

    A Chinese state-backed company has won a contract to develop Honiara, a key port in the Solomon Islands. This is a major victory for China, which is seeking to gain a strategic foothold in the South Pacific.

    Why discuss this?

    • The Solomon Islands have become a focal point in the diplomatic tussle between China and the US, following the signing of a secret security pact between the Solomons and Beijing in 2022.
    • This has raised concerns that China may be establishing a permanent naval base in the country.

    About Solomon Islands

    • The Solomon Islands is a sovereign country consisting of six major islands and over 900 smaller islands in Oceania, to the east of Papua New Guinea and northwest of Vanuatu.
    • Its capital, Honiara, is located on the largest island, Guadalcanal.
    • It is part of the ethnically Melanesian group of islands in the Pacific and lies between Papua New Guinea and Vanuatu.
    • The country takes its name from the Solomon Islands archipelago, which is a collection of Melanesian islands that also includes the North Solomon Islands (a part of Papua New Guinea).
    • It excludes outlying islands, such as the Santa Cruz Islands and Rennell and Bellona.

    Quick recap of its past

    • The islands, which were initially controlled by the British Empire during the colonial era, went through the hands of Germany and Japan.
    • It then went back to the UK after the Americans took over the islands from the Japanese during World War II.
    • The islands became independent in 1978 to become a constitutional monarchy under the British Crown, with a parliamentary system of government.
    • Nevertheless, its inability to manage domestic ethnic conflicts led to close security relations with Australia, which is the traditional first responder to any crisis in the South Pacific.

    How did China enter the picture?

    • Earlier this year, the Solomon Islands established a security agreement with China, saying it needed Beijing’s assistance with its domestic security situation.
    • But the announcement had rattled the west, esp. the US, Australia and others in the Indo-Pacific region.
    • The concerns were that the agreement could potentially lead to a Chinese military base on the island nation and a gain in power-projection capabilities.
    • At that time, following intense scrutiny, the Solomon Islands had denied that the agreement would allow China to establish a naval base.

    What is the Solomon Islands’ stance?

    • The government has asked all partner countries with plans to conduct naval visits or patrols to put them on hold until a revised national mechanism is in place.
    • The revised national mechanism applied to all foreign vessels seeking access to the country’s ports.
    • The nation wanted to build up its own naval capacity.
    • It has some unfortunate experiences of foreign naval vessels entering its waters without any diplomatic clearance.

    What is behind China’s growing influence in the region?

    • There is no dispute that China has been rapidly increasing its presence and influence in the region for over three decades, particularly in the South Pacific.
    • Certainly Beijing views the Pacific Island region as an important component of its Belt and Road Initiative (BRI).
    • Specifically, it sees the region as a critical air freight hub in its so-called Air Silk Road, which connects Asia with Central and South America.

    Concerns of the West

    • The port project could open the door to a Chinese naval base, which would significantly extend China’s military reach in the South Pacific.”
    • It is likely that this security agreement between China and the Solomon Islands has been driven by, what the CFR calls, Beijing’s “sense of vulnerability” in the region.

    What is the rationale for the Solomon Islands’ increasing proximity to China?

    • The Solomon Islands had cultivated strong ties with Taiwan, which ended with the emergence of the current government in Honiara.
    • In 2019, the regime change switched Taiwan for China.
    • This was supposedly after Beijing offered half a billion US dollars in financial aid, roughly five times what Taiwan spent on the islands in the past two decades.
    • It has been alleged by the pro-Taiwan Opposition that the incumbent government has been bribed by China.

    Why is China interested in the Solomon Islands?

    • Isolating Taiwan: The Solomon Islands was one among the six Pacific island states which had official bilateral relations with Taiwan.
    • Supporter in UN: The small Pacific island states act as potential vote banks for mobilising support for the great powers in international fora like the United Nations.
    • Larger EEZ: These states have disproportionately large maritime Exclusive Economic Zones when compared to their small sizes.
    • Natural resources: Solomon Islands, in particular, have significant reserves of timber and mineral resources, along with fisheries.
    • Countering US: But more importantly, they are strategically located for China to insert itself between America’s military bases in the Pacific islands and Australia.

    What does this mean for the established geopolitical configuration in the region?

    • Diminishing western influence: The Pacific islands, in the post-World War II scenario, were exclusively under the spheres of influence of the Western powers, in particular, the US, UK, France and Australia and New Zealand.
    • Inserting into western hegemony: All of them have territorial possessions in the region, with the three nuclear powers among them having used the region as a nuclear weapons testing ground.
    • Shifting of dependencies: The smaller island nations of the region are heavily dependent on them, especially Australia as it is a resident power.

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  • Modern Indian History-Events and Personalities

    Places in news: Sharda Peeth

    sharda

    Home Minister said that the government will move forward to open Sharda Peeth on the lines of the Kartarpur corridor.

    Why in news?

    • Activists request that the Sharda Peeth corridor should be made operational on the lines of Nankana Sahib Gurudwaras and the Kartarpur corridor in Pakistan.

    Sharda Peeth

    • Sharda Peeth is a Hindu temple located in the Neelam Valley in Pakistan-occupied Kashmir.
    • It is considered one of the 18 Maha Shakti Peethas, or major shrines, of the Hindu goddess Shakti.
    • The temple is an important pilgrimage site for Hindus, particularly those from the Kashmir Valley.

    History and Significance

    • The temple is believed to have been established in the 6th century CE by Adi Shankaracharya, a famous Hindu philosopher and saint.
    • Sharda Peeth became an important center of learning and scholarship during the medieval period, attracting scholars from all over India and even from as far as Central Asia.
    • The temple was destroyed several times by invading armies and underwent major renovations and restorations under various rulers over the centuries.
    • The temple’s importance declined during the colonial period and it fell into disrepair in the years following India’s partition in 1947.

    Current rundown state and Controversy

    • Sharda Peeth is now located in a remote and inaccessible part of Pakistan-administered Kashmir and has become a subject of political and religious controversy.
    • The Indian government has long sought to open a pilgrimage corridor to Sharda Peeth for Hindu devotees, but this has been complicated by the ongoing conflict and tension between India and Pakistan over Kashmir.
    • In recent years, there have been calls for the temple to be handed over to India or for it to be converted into a museum that can be visited by people from both sides of the border.

    Significance in Kashmiri Identity

    • Sharda Peeth is an important part of Kashmiri Hindu identity and culture, and its restoration and revival have been a longstanding demand of the community.
    • Some Kashmiri Pandits view the temple as a symbol of their lost homeland and argue that its restoration would be a step towards reclaiming their cultural and religious heritage.
    • Others, however, caution against politicizing the temple and argue that it should be seen as a shared heritage of all Kashmiris, regardless of their religious or political affiliations.

     


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  • Nobel and other Prizes

    Abel Prize for Maths

    abel

    The Abel Prize for mathematics for 2023 was awarded to Argentine-American Luis Caffarelli, an expert in “partial differential equations” which can explain phenomena ranging from how water flows to population growth.

    Abel Prize

    • The Abel Prize is a prize awarded annually by the King of Norway to one or more outstanding mathematicians.
    • It is named after Norwegian mathematician Niels Henrik Abel (1802–1829) and directly modeled after the Nobel Prizes.
    • It comes with a monetary award of 7.5 million Norwegian kroner (NOK) (increased from 6 million NOK in 2019).
    • Its establishment was proposed by the Norwegian mathematician Sophus Lie when he learned that Alfred Nobel’s plans for annual prizes would not include a prize in mathematics.
    • The laureates are selected by the Abel Committee, the members of which are appointed by the Norwegian Academy of Science and Letters.

    Has any Indian ever won this prestigious prize?

    • Srinivasa Varadhan, an Indian-American citizen won the Abel Prize in the year 2007 for his valuable contribution in “probability theory and in particular for creating a unified theory of large deviation”.

     


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  • Road and Highway Safety – National Road Safety Policy, Good Samaritans, etc.

    Call Before u Dig Application

    dig

    Prime Minister has launched the ‘Call Before u Dig’ (CBuD) app, to facilitate coordination between excavation agencies and underground utility owners to prevent damage to utilities due to digging.

    Call Before u Dig (CBUD)

    • The app is an initiative of the Department of Telecommunications, Ministry of Communications.
    • Uncoordinated digging and excavation causes damage to underlying assets like optical fibre cables, leading to losses of about Rs 3,000 crore every year.
    • The app aims to prevent damage to utilities due to digging.
    • It will save potential business loss and minimise discomfort to citizens due to reduced disruption in essential services like road, telecom, water, gas and electricity.

    How does the app work?

    • The CBuD app connects excavators and asset owners through SMS/Email notifications and click-to-call.
    • It ensures planned excavations in the country while ensuring the safety of underground assets.
    • Excavating companies can inquire about existing subsurface utilities before starting excavation work.
    • Utility owners can find out about impending work at the location.

     

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  • Health Sector – UHC, National Health Policy, Family Planning, Health Insurance, etc.

    Rising Cancer Cases in India And Economic Burden

    Central Idea

    • Cancer cases in India are predicted to cross the 15 lakh mark by 2025, highlighting concerns about the economic burden of expensive cancer treatments and the accessibility of affordable healthcare for patients.

    Cancer

    • Cancer is a group of diseases that arise when cells in the body begin to grow and divide uncontrollably, leading to the formation of tumors.
    • Normally, cells in the body grow, divide, and die in an orderly fashion, but in cancer, this process goes awry, leading to the accumulation of abnormal cells that can form a mass or tumor.
    • There are many different types of cancer, which can affect any part of the body. Some cancers, such as leukemia, do not form tumors but still involve the uncontrolled growth of abnormal cells.
    • Symptoms of cancer can vary depending on the type and location of the cancer, but common signs include unexplained weight loss, fatigue, pain, and changes in the skin or the appearance of a lump or mass.

    Economic Burden of Cancer Treatment

    1. Inaccessible and Increasing Costs:
    • The average medical expenditure per hospitalization case for cancer treatment was ₹68,259 in urban areas, according to the NSS 2017-18 report.
    • A Parliamentary Standing Committee report expressed concern about the inaccessible and increasing cost of cancer treatment.
    1. Regulatory Challenges:
    • While anti-cancer medicine costs can be regulated, the cost of radiotherapy cannot, as it has not been declared an essential service.
    • Insurance Coverage and Out-of-Pocket Expenses.
    1. Impact on Patients:
    • Cancer often strikes around the retirement age, leading to mounting debt burdens.
    • The average hospital stay for 14.1% of cancer patients is more than 30 days, further increasing bills.

    Insurance Coverage and Out-of-Pocket Expenses

    1. Poor Insurance Penetration: More than 80% of hospital bills are paid out of pocket, as per the NSS 2017-18 report.
    2. Ayushman Bharat Limitations: The Committee observed that the Ayushman Bharat insurance scheme launched in 2018 does not cover entire prescriptions, latest cancer therapies, or many diagnostic tests.
    3. State-Specific Insurance Schemes: The Committee suggested a convergence of State and Central schemes, as some State-specific insurance schemes have been highly beneficial.

    State-wise Variation in Cancer Treatment Expenditure

    • State-wise average medical expenditure per hospitalization case for cancer treatment in government hospitals varies, with the lowest in Tamil Nadu and Telangana, and the highest in northern and north-eastern India.

    Facts for Prelims: CAR T-cell therapy

    • Unlike chemotherapy or immunotherapy, which require mass-produced injectable or oral medication, CAR T-cell therapies use a patient’s own cells.
    • The treatment involves modifying a patient’s own T-cells, which are a type of immune cell, in a laboratory to target and attack cancer cells.
    • CAR stands for chimeric antigen receptor, which refers to the genetically engineered receptor that is added to the patient’s T-cells.
    • The patient’s T-cells are collected and genetically modified in a laboratory to express the CAR.
    • The modified T-cells are then infused back into the patient’s body, where they can seek out and destroy cancer cells that express the antigen targeted by the CAR.
    • The cells are even more specific than targeted agents and directly activate the patient’s immune system against cancer, making the treatment more clinically effective.
    • This is why they’re called living drugs.
    • CAR T-cell therapy has shown promising results in treating certain types of blood cancers, including leukemia and lymphoma.

    Conclusion

    • The rising number of cancer cases in India underscores the need to address the economic burden of expensive cancer treatments and improve the accessibility of affordable healthcare for patients. Converging State and Central insurance schemes, expanding insurance coverage, and exploring ways to regulate treatment costs are essential steps to ensure that patients can access life-saving treatments without facing insurmountable financial challenges.

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  • Port Infrastructure and Shipping Industry – Sagarmala Project, SDC, CEZ, etc.

    The Great Nicobar Island Project: Environmental Recklessness or Economic Opportunity?

    Central Idea

    • The ₹70,000 crore Holistic Development of Great Nicobar Island project raises concerns about its ecological impact and the Union government’s hasty clearances, while its feasibility and sustainability remain questionable.

    What is Holistic Development of Great Nicobar Island project is all about?

    • The Holistic Development of Great Nicobar Island project is a major infrastructure development initiative launched by the Indian government in 2020.
    • The Union Ministry of Environment, Forest and Climate Change (MoEFCC) has cleared the way for the ‘Holistic Development of Great Nicobar Island project.
    • The project aims to transform the Great Nicobar Island, the largest island in the Nicobar group of islands in the Bay of Bengal, into a modern, sustainable, and self-sufficient territory.
    • The project includes an international transhipment port, an international airport, a gas and solar-based power plant, and an ecotourism and residential township.

    Environmental and Ecological Concerns

    1. Quick Clearances and Exemptions: The project’s quick approvals, clearances, exemptions, and de-notifications indicate the Union government’s keenness to implement it.
    2. Urbanization and Biodiversity: The project is expected to attract a population equal to the entire island chain, with potential negative impacts on the region’s marine and terrestrial biodiversity.
    3. Biosphere Reserve and Tribal Reserves: The island was declared a biosphere reserve in 1989 and is home to vulnerable tribal communities, such as the Nicobarese and Shompen.

    Feasibility and Sustainability Issues

    1. Hinterland Economic Activities: A successful transhipment hub requires viable hinterland economic activities, which may be wishful thinking in Great Nicobar.
    2. Afforestation and Coral Reef Translocation: The far-field afforestation recommendation and coral reef translocation are questionable compensation methods.
    3. Tectonic Instability: Great Nicobar Island’s proximity to the Ring of Fire and its history of earthquakes raise concerns about the feasibility of developing an urban port city.

    Facts for Prelims: Andaman and Nicobar Islands (ANI)

    • Location: Located between 6° and 14° North Latitude and 92° and 94° East Longitude lie the Andaman and Nicobar Islands, a union territory in India.
    • Two groups of Island: It consists of two groups of islands. The islands located north of 10° north latitude are known as Andaman while islands located south of 10° north latitude are called Nicobar.
    • The Andamans: More than 300 islands make up the Andamans. North, Middle, and South Andaman, known collectively as Great Andaman, are the main islands;
    • The 10- degree channel: The 10-degree channel which is about 145 km long separates Little Andaman in the south from the Nicobar Islands.
    • The Nicobars: The Nicobars consists of 19 islands. Among the most prominent is Car Nicobar in the north; and Great Nicobar in the south. About 90 miles to the southwest of Great Nicobar lies the northwestern tip of Sumatra, Indonesia.
    • Formation: Both the Andaman and Nicobar groups are formed by the above-sea extensions of submarine ridges of mountains and are a part of a great island arc. The highest peak is 2,418 feet at Saddle Peak on North Andaman, followed by Mount Thullier at 2,106 feet on Great Nicobar and Mount Harriet at 1,197 feet on South Andaman. Barren island, the only known active Volcano in south Asia lies in the Andaman Sea. In the late 20th and early 21st centuries, there were volcanic eruptions on Barren Island.
    • Andaman Terrain: Formed of sandstone, limestone, and shale of Cenozoic age, the terrain of the Andamans is rough, with hills and narrow longitudinal valleys. Flat land is scarce and is confined to a few valleys.
    • Nicobar Terrain: The terrain of the Nicobar is more diverse than that of the Andamans. Some of the Nicobar Islands, such as Car Nicobar, have flat coral-covered surfaces with offshore coral formations that prevent most ships from anchoring. Other islands, such as Great Nicobar, are hilly and contain numerous fast-flowing streams.
    • Great Nicobar is the only island in the territory with a significant amount of fresh surface water.
    • Climate: The climate of the Andaman and Nicobar Islands is tropical but is moderated by sea.

    Conclusion

    • The Great Nicobar Island project’s ecological and environmental costs, along with its questionable feasibility and sustainability, raise concerns about India’s commitment to conservation, sustainability, and green development models. It is crucial that the green developmental model becomes the guiding principle for future economic activities, ensuring that growth does not result in irretrievable loss of natural capital.

    Mains Question

    Q. Recently Union Ministry of Environment, Forest and Climate Change (MoEFCC) has cleared the way for the Holistic Development of Great Nicobar Island project. In this backdrop, discuss environmental and ecological concerns and sustainability issues.


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  • Foreign Policy Watch: India-China

    The Global Security Initiative (GSI) : China’s Sincere Effort or a Mere Counter-Narrative?

    Central Idea

    • The Global Security Initiative (GSI), a China-led framework aiming to restore stability and security in Asia, appears to be more of a counter-narrative to U.S. leadership rather than a genuine attempt to establish a sustainable security order.

    What is GSI?

    • The GSI was introduced by Chinese Minister of Foreign Affairs Qin Gang at the Lanting Forum in Beijing.
    • The initiative is based on five pillars: mutual respect, openness and inclusion, multilateralism, mutual benefit, and a holistic approach.

    Analysis: China’s track record shows a different picture than what the GSI envisions

    1. Mutual Respect and Adherence to International Law:
    • China’s relations with neighbors like India and Southeast Asian countries demonstrate a lack of respect for their sovereignty and territorial integrity.
    • China’s assertive manoeuvres in the South China Sea, rejection of UNCLOS, and undermining of India’s territorial integrity are at odds with the GSI’s first principle.
    1. Openness and Inclusion:
    • Despite advocating for openness and inclusion, China engages in exclusionary policies in the East and South China Seas, rejecting freedom of navigation and consolidating its sphere of influence.
    1. Multilateralism and Security Cooperation:
    • China’s involvement in multilateral institutions often involves asymmetric power relations, as seen in its dealings with ASEAN members.
    • Its delay in establishing a Code of Conduct for the South China Sea and ongoing militarization in the region undermine this principle.
    1. Mutual Benefit:
    • China’s Belt and Road Initiative (BRI) has the potential to benefit all parties involved. However, its funding of unsustainable projects for countries with low credit ratings creates debt burdens and destabilizes international macroeconomic stability.
    • China’s insistence on a larger share in joint resource exploration with the Philippines is another example of disregarding mutual benefit.
    1. Holistic Approach:
    • China’s rise in a transitioning multipolar international system has led to power competitions with established and rising powers, such as the U.S. and India.
    • Its engagements with these powers indicate a narrowly defined goal for its power interests. Furthermore, China’s involvement in non-traditional security threats, such as the COVID-19 pandemic and arming terror groups, shows a lack of holistic approach.

    Conclusion

    • China’s rise in a transitioning multipolar international system has led to power competitions with established and rising powers, and its involvement in non-traditional security threats shows a lack of holistic approach. It’s Global Security Initiative, which is a vision of a future security order, is vastly different from China’s recent track record of external engagement.

    Mains Question

    Q. What is China’s Global Security Initiative (GSI)? It is said that China’s GSI is vastly different from China’s recent track record of external engagement. Discuss


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  • Corruption Challenges – Lokpal, POCA, etc

    SC to examine if Electoral Bond pleas need to be referred to Constitution Bench

    bond

    The Supreme Court will examine whether petitions challenging the validity of the electoral bonds scheme need to be referred to a Constitution Bench.

    What is a Constitution Bench?

    • The constitution bench is the name given to the benches of the Supreme Court of India.
    • The Chief Justice of India has the power to constitute a Constitution Bench and refer cases to it.

    Constitution benches are set up when the following circumstances exist:

    1. Interpretation of the Constitution: Article 145(3) provides for the constitution of at least five judges of the court which sit to decide any case “involving a substantial question of law as to the interpretation” of the Constitution of India.
    2. President of India seeking SC’s opinion: When the President has sought the Supreme Court’s opinion on a question of fact or law under Article 143 of the Constitution. Article 143 of the Constitution provides for Advisory jurisdiction to the SC. As per the provision, the President has the power to address questions to the apex Court, which he deems important for public welfare.
    3. Conflicting Judgments: When two or more three-judge benches of the Supreme Court have delivered conflicting judgments on the same point of law, necessitating a definite understanding and interpretation of the law by a larger bench.
    • The Constitution benches are set up on ad hoc basis as and when the above-mentioned conditions exist.
    • Constitution benches have decided many of India’s best-known and most important Supreme Court cases, such as:
    1. K. Gopalan v. State of Madras (Preventive detention)
    2. Kesavananda Bharati v. State of Kerala (Basic structure doctrine) and
    3. Ashoka Kumar Thakur v. Union of India (OBC reservations) etc.

     

    What are Electoral Bonds?

    • Electoral bonds are banking instruments that can be purchased by any citizen or company to make donations to political parties, without the donor’s identity being disclosed.
    • It is like a promissory note that can be bought by any Indian citizen or company incorporated in India from select branches of State Bank of India.
    • The citizen or corporate can then donate the same to any eligible political party of his/her choice.
    • An individual or party will be allowed to purchase these bonds digitally or through cheque.

    About the scheme

    • A citizen of India or a body incorporated in India will be eligible to purchase the bond
    • Such bonds can be purchased for any value in multiples of ₹1,000, ₹10,000, ₹10 lakh, and ₹1 crore from any of the specified branches of the State Bank of India
    • The purchaser will be allowed to buy electoral bonds only on due fulfillment of all the extant KYC norms and by making payment from a bank account
    • The bonds will have a life of 15 days (15 days time has been prescribed for the bonds to ensure that they do not become a parallel currency).
    • Donors who contribute less than ₹20,000 to political parties through purchase of electoral bonds need not provide their identity details, such as Permanent Account Number (PAN).

    Objective of the scheme

    • Transparency in political funding: To ensure that the funds being collected by the political parties is accounted money or clean money.

    Who can redeem such bonds?

    • The Electoral Bonds shall be encashed by an eligible Political Party only through a Bank account with the Authorized Bank.
    • Only the Political Parties registered under Section 29A of the Representation of the People Act, 1951 (43 of 1951) and which secured not less than one per cent of the votes polled in the last General Election to the Lok Sabha or the State Legislative Assembly, shall be eligible to receive the Electoral Bonds.

    Restrictions that are done away

    • Earlier, no foreign company could donate to any political party under the Companies Act
    • A firm could donate a maximum of 7.5 per cent of its average three year net profit as political donations according to Section 182 of the Companies Act.
    • As per the same section of the Act, companies had to disclose details of their political donations in their annual statement of accounts.
    • The government moved an amendment in the Finance Bill to ensure that this proviso would not be applicable to companies in case of electoral bonds.
    • Thus, Indian, foreign and even shell companies can now donate to political parties without having to inform anyone of the contribution.

    Issues with the Scheme

    • Opaque funding: While the identity of the donor is captured, it is not revealed to the party or public. So transparency is not enhanced for the voter.
    • No IT break: Also income tax breaks may not be available for donations through electoral bonds. This pushes the donor to choose between remaining anonymous and saving on taxes.
    • No anonymity for donors: The privacy of the donor is compromised as the bank will know their identity.
    • Differential benefits: These bonds will help any party that is in power because the government can know who donated what money and to whom.
    • Unlimited donations: The electoral bonds scheme and amendments in the Finance Act of 2017 allows for “unlimited donations from individuals and foreign companies to political parties without any record of the sources of funding”.

    Way ahead

    • The worries over the electoral bond scheme, however, go beyond its patent unconstitutionality.
    • The concern about the possibility of misuse of funds is very pertinent.
    • The EC has been demanding that a law be passed to make political parties liable to get their accounts audited by an auditor from a panel suggested by the CAG or EC. This should get prominence.
    • Another feasible option is to establish a National Election Fund to which all donations could be directed.
    • This would take care of the imaginary fear of political reprisal of the donors.

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  • Waste Management – SWM Rules, EWM Rules, etc

    Why do so many Waste-to-Energy Plants fail?

    waste

    The Kerala government has announced its first waste-to-energy project in Kozhikode, which is expected to be built in two years and generate about 6 MW of power.

    What are Waste-to-Energy Plants?

    • Waste-to-energy plants are facilities that use non-recyclable dry waste to generate electricity.
    • The process involves combusting the non-recyclable dry waste, which generates heat that is then converted into electricity.
    • These plants are used to increase a state’s power generation capacity while also easing the burden of solid waste management.

    Feasibility of such plants

    • Waste-to-energy plants consume a portion of the non-recyclable dry waste generated in urban local bodies (ULBs) nearby.
    • These plants can be a good way to deal with the mountains of waste that Indian cities produce but require the unwavering support of the municipality, its residents, and the State to succeed.

    Operational status in India

    • In India, solid waste is generally composed of 55-60% biodegradable organic waste, 25-30% non-biodegradable dry waste, and around 15% silt, stones, and drain waste.
    • However, despite there being around 100 waste-to-energy projects around the country, only a handful of them are operational, thanks to various production and operation challenges.

    Why do such projects often fail?

    • Waste-to-energy projects often fail because of improper assessments, high expectations, improper characterisation studies, and other on-ground conditions.
    • They faces several challenges, such as-
    1. Low calorific value of solid waste in India due to improper segregation
    2. High costs of energy production, and
    3. Variable quantity of waste generated by cities due to multiple factors.

    Various challenges

    • Improper segregation: The calorific value of mixed Indian waste is about 1,500 kcal/kg, which is not suitable for power generation. Waste-to-energy plants require segregated and dried non-recyclable dry waste, which has a calorific value of 2,800-3,000 kcal/kg. However, segregation of waste is often not done properly, which can lead to low-quality feedstock and reduced power generation.
    • High costs: The cost of generating power from waste is around Rs 7-8/unit, while the cost at which the States’ electricity boards buy power from coal, hydroelectric, and solar power plants is around Rs 3-4/unit. This high cost of energy production can make waste-to-energy projects less attractive compared to other sources of energy.
    • Low efficiency: Such projects have low efficiency due to the low calorific value of mixed waste, which reduces the amount of energy that can be generated. This can make it difficult to generate sufficient power to make the project financially viable.
    • Operational challenges: Such projects are often subject to operational challenges, such as improper assessments, high expectations, improper characterisation studies, and other on-ground conditions. The quantity of waste generated by cities varies due to multiple factors, including season, rainfall, and the floating population, which can make it difficult to get a consistent supply of feedstock.
    • Environmental concerns: Such plants can generate emissions, such as nitrogen oxides, sulfur dioxide, and particulate matter, which can be harmful to the environment and human health. Therefore, it is important to ensure that these plants operate with proper environmental controls in place.

    Way forward

    • Proper segregation: To overcome these challenges, the municipality must ensure that only non-biodegradable dry waste is sent to the plant and separately manage the other kinds of waste.
    • Public awareness: The full support of the municipality, the State, and the people is crucial for the success of the project.
    • Extensive field studies: It is also necessary to conduct field studies and learn from the experience of other projects.
    • All-stakeholders collaboration: There should be a tripartite agreement between the municipality, the plant operator, and the power distribution agency to optimise cost per unit of power.

     

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