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  • Analysing the Agnipath scheme

    Context

    Recently, the Agnipath scheme for recruitment of short-term contracted soldiers was announced.

    About Agnipath Scheme

    • This will be the only form of recruitment of soldiers into the three defence services from now.
    • The scheme aims at strengthening national security and for providing an opportunity to the youth to serve in the armed forces.
    • Recruits under the scheme will be known as ‘Agniveers’.
    • After completing the four-year service, they can apply for regular employment in the armed forces.
    • They may be given priority over others for various jobs in other government departments.
    • The move is expected to decrease the average age profile of armed forces personnel from the current 32 to 24-26 years over a period of time.

    Benefits of the Agnipath Scheme

    • Lower the average age: The average age in the forces is 32 years today, which will go down to 26 in six to seven years, the scheme envisions.
    • Youthful armed forces will allow them to be easily trained for new technologies.
    • Employment opportunities: It will increase employment opportunities and because of the skills and experience acquired during the four-year service such soldiers will get employment in various fields.
    • High-skilled workforce: The scheme will also lead to the availability of a higher-skilled workforce to the economy which will be helpful in productivity gain and overall GDP growth

    Financial constraints and challenges

    • Directing funds towards modernisation: It has been argued that the savings in the pensions bill — which will show up on the books only after a couple of decades — would be directed towards the modernisation of defence forces.
    • The armed forces do not have that kind of time available to them to postpone their already long-delayed modernisation.
    • Shortage: The Indian Air Force is already down to 30 squadrons of fighter jets against the 42 squadrons it needs, and the Indian Navy is at 130 ships when its vision was to be a 200-ship navy; the Indian Army is already short of 1,00,000 soldiers.
    •  Instead of expanding the economy to support the military, the Government has resorted to shrinking the military.

    Issues with the short-term recruitment

    • No theoretical modelling: As the short-term recruitment policy has neither been theoretically modelled nor tried out as a pilot project, the exact consequences of the move will only be known as they play out.
    • Adverse effect on professional capabilities: But its adverse effect on the professional capabilities of the armed forces is certain.
    • It starts with the very high turnover of young soldiers, the increase in training capacities and infrastructure and the augmentation of the administrative setup for greater recruitment, release, and retention of soldiers.
    • An armed forces boasting of a poor teeth-to-tail ratio is further increasing the tail.
    • Impact on operational capabilities: The tooth-to-tail ratio (T3R), in military jargon, is the amount of military personnel it takes to supply and support (“tail”) each combat soldier (“tooth”).
    • The Indian Air Force and the Indian Navy employ their airmen and sailors in very specialised roles, which require technical skills, and a high degree of training and experience.
    • Because the short-term contractual soldier model (the Agniveer scheme) is going to take a few years to fully play out at an organisational level, the actual degradation of operational capability will only be known then.
    • Class-based recruitment abolished: In the Agnipath proposal, the class-based recruitment has been replaced with an all-India all-class recruitment.
    • It will strike at the core of the organisational management, leadership structures and operating philosophy of the Indian Army.
    • Even though the soldiers in the Indian Army are professionally trained, they also draw their motivation from their social identity  — where each soldier cares for his reputation among the peers in his caste group or his village or his social setting.
    • To replace that with a pure professional identity of a soldier will bring its own challenges in a tradition-bound army.
    • Training challenges: There will be major problems in training, integrating and deploying soldiers with different levels of experience and motivations.
    • An organisation which depends on trust, camaraderie and esprit de corps could end up grappling with rivalries and jealousies amongst winners and losers, especially in their final year of contract.
    • Legal challenges: Even though the Government has kept the contract at four years to deny the Agniveer gratuity and is not counting the contractual period towards regular service, these provisions are bound to be challenged legally.
    •  Over time, this will lead to the salary and pension budget creeping back up again.
    • Political imbalance: The Agnipath scheme also does away with the idea of a State-wise quota for recruitment into the Army, based on the Recruitable Male Population of that State which was implemented from 1966.
    • This prevented an imbalanced army.
    • Academic research shows that the high level of ethnic imbalance has been associated with severe problems of democracy and an increased likelihood of civil war.
    • Impact on motivation: A short-term contractual soldier, without earning pension, will be seen as doing jobs after his military service that are not seen to be commensurate in status and prestige with the profession of honour.
    • Impact on motivation: It will reduce the motivation of those joining on short-term contracts while diminishing the “honour” of a profession which places extraordinary demands on young men.
    • Social unrest: There are numerous examples of demobilised soldiers leading to increased violence against minorities.
    • This could happen in India as the youth who are not given regular recruitment after four year’s service would turn to violence.

    Conclusion

    The Government’s yearning for financial savings runs the risk of reducing the honour of a profession, the stability of a society and the safety of a country.

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  • Enemy Property in India

    The Central Bureau of Investigation (CBI) has registered some cases on allegations that huge losses to the exchequer was caused by leasing out prime-value land under the Custodian of Enemy Property for India (CEPI) on forged documents.

    Why in news?

    • Hectares of commercial land located in Uttar Pradesh were leased out at nominal rates in favour of the lessees through manipulation.

    What is “Enemy Property”?

    • In the wake of the India-Pakistan wars of 1965 and 1971, there was the migration of people from India to Pakistan.
    • Under the Defence of India Rules framed under The Defence of India Act, 1962, the Government of India took over the properties and companies of those who took Pakistani nationality.
    • These “enemy properties” were vested by the central government in the Custodian of Enemy Property for India.
    • The same was done for property left behind by those who went to China after the 1962 Sino-Indian war.
    • The Tashkent Declaration of January 10, 1966 included a clause that said India and Pakistan would discuss the return of the property and assets taken over by either side in connection with the conflict.
    • However, the Government of Pakistan disposed of all such properties in their country in the year 1971 itself.

    Dealing with enemy property

    • The Enemy Property Act, enacted in 1968, provided for the continuous vesting of enemy property in the Custodian of Enemy Property for India (CEPI).
    • The central government, through the Custodian, is in possession of enemy properties spread across many states in the country.
    • Some movable properties too, are categorised as enemy properties.
    • In 2017, Parliament passed The Enemy Property (Amendment and Validation) Bill, 2016, which amended The Enemy Property Act, 1968, and The Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

     

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  • Parliament & Women

    Context

    Due to systemic issues, Parliament continues to alienate women. The number of women representatives is still considerably small, but even more subtly, Parliament as a workspace continues to be built exclusively for men.

    Women’s participation in the initial years

    • In 1952, when the Indian Republic held its first Parliamentary session, there were 39 strong, intelligent, and passionate women as its member.
    • Leading in the world in inclusiveness: At a time when women formed only 1.7% of the total members of the United States Congress and 1.1% of the Parliament of the United Kingdom, India was leading the way in the fight towards more inclusive world democracies with 5.5% women representation.
    • Women played an important role in India’s struggle for independence and that contribution was reflected in their presence in the parliament.
    • What happened in 1952 was a highly progressive step, but 70 years hence, it seems we have strayed from that path.

    Electoral representation of women in India: Current scenario

    • 14.6 per cent in current Lock Sabha: In India, women currently make up 14.6 per cent of MPs (78 MPs) in the Lok Sabha, which is a historic high.
    • Although the percentage is modest, it is remarkable because women barely made up 9 per cent of the overall candidates in 2019.
    • In electoral representation, has fallen several places in the Inter-Parliamentary Union’s global ranking of women’s parliamentary presence, from 117 after the 2014 election to 143 as of January 2020. 
    • In terms of electoral quotas, there were two outstanding exceptions in the 2019 general elections.
    • Voluntary parliamentary quota: West Bengal under Mamata Banerjee and Odisha under Naveen Patnaik opted for voluntary parliamentary quotas, fielding 40 per cent and 33 per cent women candidates, respectively.
    • Women reservation bill: The bill to reserve 33 per cent seats for women in Parliament and state legislatures was passed in the Rajya Sabha in 2010, but it was never introduced in the Lok Sabha.
    • India ranks a dismal 146th in women’s representation in the national Parliament.
    • At the turn of the century, it ranked 66th.
    • The decline has come because progress has been piecemeal — several other countries have improved their share of women in Parliament far more rapidly.

    Struggle for inclusivity

    • Despite a good start in the past, our struggle with inclusivity has not eased.
    • Due to systemic issues, Parliament continues to alienate women.
    • The number of women representatives is still considerably small, but even more subtly, Parliament as a workspace continues to be built exclusively for men.

    Lack of inclusivity in the Parliament

    • Absence of gender-neutral language: A closer look at our parliamentary discourse and communication reveals a concerning and disconcerting absence of gender-neutral language.
    • After 75 years of Independence, Parliament often refers to women in leadership positions as Chairmen and party men.
    • In the Rajya Sabha, the Rules of Procedure continue to refer to the Vice-President of India as the ex-officio Chairman, stemming from the lack of gender-neutral language in the Constitution of India.
    • The alarming degree of usage of masculine pronouns assumes a power structure biased towards men.
    • Lack of gender-neutral Acts: The issue further extends to law-making.
    • In the last decade, there have hardly been any gender-neutral Acts.
    • Acts have made references to women not as leaders or professionals (such as policemen), but usually as victims of crimes.
    • The root of such instances lies with a gender-conforming Constitution.
    • In its present state, the Constitution reinforces historical stereotypes that women and transgender people cannot be in leadership positions, such as the President and the Vice-President of India.
    • This represents the failure of the many Union Governments which did not take the initiative of amending it.
    • In the past, amendments have been brought about to make documents gender neutral.
    •  In 2014, under the leadership of the then Speaker of the Lok Sabha, Meira Kumar, the Rules of Procedure of the Lok Sabha were made entirely gender neutral.

    Way forward

    • Correcting the language: Internationally, even mature democracies that legalised universal suffrage after India, such as Canada (1960 for Aboriginal women), Australia (1962 for Indigenous women), and the United States (1965 for women of African-American descent), have now taken concrete measures towards gender-inclusive legislation and communication..
    • Amendments: India can and must begin with an amendment to the Constitution and the entire reservoir of laws.
    • Focus on the deeper issues of aspiration: Once the language is corrected, the entire country, including Parliament, can focus on the deeper issues of the aspirations and growth of its woman workforce.
    • Women staff in Parliament: Women are not adequately represented in Parliament staff,.
    • We need a single, transparent appointment and promotion process for women staff in Parliament.
    • We need to make sure that their professional growth is not being hindered by other issues such as harassment and domestic responsibilities.

    Conclusion

    In the 21st century, when people of all genders are leading the world with compassion, strength and ambitions, the Indian Parliament needs to reflect on its standing.

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  • Extending the Aspirational District Programme (ADP)

    The PM has hoped to extend the Aspirational District Programme (ADP) to block and city levels.

    Aspirational Districts Programme (ADP)

    • Launched in January 2018, the ‘Transformation of Aspirational Districts’ initiative aims to remove this heterogeneity through a mass movement to quickly and effectively transform these districts.
    • The broad contours of the program are Convergence (of Central & State Schemes), Collaboration (of Central, State level ‘Prabhari’ Officers & District Collectors), and Competition among districts driven by a spirit of mass Movement.
    • With States as the main drivers, this program will focus on the strength of each district, identify low-hanging fruits for immediate improvement, measure progress, and rank districts.

    Behind the name

    • PM then negated the idea of naming any scheme based on their backwardness.
    • Rather the name ‘Aspirational’ presents a more affirmative action-based execution of the scheme.

    Selection of districts

    • A total of 117 Aspirational districts have been identified by NITI Aayog based upon composite indicators.
    • The objective of the program is to monitor the real-time progress of aspirational districts based on 49 indicators (81 data points) from the 5 identified thematic areas.

    Weightage has been accorded to these districts as below:

    • Health & Nutrition (30%)
    • Education (30%)
    • Agriculture & Water Resources (20%)
    • Financial Inclusion & Skill Development (10%)
    • Basic Infrastructure (10%)

    Strategy of the ADP

    The core Strategy of the program may be summarized as follows.

    • Making development a mass movement in these districts
    • Identify low hanging fruits and the strength of each district, to act as a catalyst
    • for development.
    • Measure progress and rank districts to spur a sense of competition.
    • Districts shall aspire to become State’s best to Nation’s best.

    Features of the ADP

    • It has transformed into a Jan Andolan.
    • The ADP is different in trying to monitor the improvement of these districts through real-time data tracking.
    • The programme seeks to develop convergence between selected existing central and state government programmes.
    • District performance in the public domain and experience building of the district bureaucracy is another notable feature.
    • The programme is targeted, not towards any single group of beneficiaries, but rather towards the population of the district as a whole.

    What makes this program special?

    The program reflects what has become of the development project in India under neoliberalism, especially after the end of planning.

    • Long overdue sectors have been given more emphasis.
    • It is not a tailor-made program with one-size-fit strategy. More onus has been laid on the districts. It has a district-intervention strategy.
    • It works on the principle of SWOT (strength, weakness, opportunity and threats) model and comparison with national best parameters for effective resource management.
    • It is the most reviewed programme by the Prime Minister.
    • A general idea behind the idea is that a good work never goes un-noticed. It is duly appreciated on social media as well as by the officials.

    Programmatic Strengths

    • A key strength of the ADP is the collection of baseline data and follow-ups at regular intervals.
    • Sustaining this effort would create a robust compilation of statistics for use by both researchers and policy-makers.
    • In doing this, the government also brings much-needed attention to human development and a willingness to meet the Sustainable Development Goals (SDGs).
    • Incremental progress being made in the chosen districts as reflected in the rankings.
    • The programme also claims to be “non-partisan and unbiased” and geared towards all-India growth.
    • The selection of districts indeed suggests that the programme has not favored any bias either regional, political or any other.
    • The programme seeks convergence of central and state schemes anchored around specific activities.

    Issues with the programme

    • Using the case of Bihar, they argue that the programmes selection of districts itself is problematic.
    • In fact, it actually excludes the most backward districts because per capita income, the most basic measure of development, has not been considered.
    • There seems to be some ambiguity around the issue of whether the programme is concerned only with improved access or also with the quality of service provided.
    • The indicators used are not defined relationally, rather they are static human development indicators that do not see people mired in dynamic social relations.
    • It is also accused that the state is not making any new or focused public investment (except for possible use of Flexi-funds) into these districts, on the other hand, it is moralizing about their inability to improve (through rankings).
    • The programme is carrying the burden of proving the government’s “developmental” work without addressing any of the fundamental issues around achieving equitable development.
    • Yet, the NITI Aayog justifies the overall approach as capitalizing on “low-hanging fruit.”

    Way forward

    • The program has been able to make difference in the lives of citizens of India, in education, health, nutrition, financial inclusion, skill development and this has made a difference to some most backward and most geographically far-flung districts of the nation.
    • ADP is ‘aligned to the principle of “leave no one behind—the vital core of the SDGs. Political commitment at the highest level has resulted in the rapid success of the program the report said.
    • UNDP has recommended revising a few indicators that are slightly close to reaching their saturation or met by most districts like ‘electrification of households’ as an indicator of basic infrastructure.

     

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  • Explained: Inter-State Council

    Tamil Nadu CM M K Stalin wrote to PM asking that at least three meetings of the Inter-State Council should be held every year to “strengthen the spirit of cooperative federalism”.

    What is the news?

    • TN CM suggested that bills of national importance should be placed before the Council before being tabled in Parliament.
    • He said this was because there is no “effective and interactive communication” between the states and the Centre on issues of common interest.

    What is the Inter-State Council?

    • The Inter-State Council is a mechanism that was constituted “to support Centre-State and Inter-State coordination and cooperation in India”.
    • It was established under Article 263 of the Constitution, which states that the President may constitute such a body if a need is felt for it.
    • The Council is basically meant to serve as a forum for discussions among various state governments.

    Its establishment

    • In 1988, the Sarkaria Commission suggested the Council should exist as a permanent body, and in 1990 it came into existence through a Presidential Order.

    Functions of the Inter-State Council

    • The main functions of the Council are:
    1. Inquiring into and advising on disputes between states
    2. Investigating and discussing subjects in which two states or states and the Union have a common interest
    3. Making recommendations for the better coordination of policy and action

    Its composition

    • The Prime Minister is the chairman of the Council, whose members include the Chief Ministers of all states and UTs with legislative assemblies, and Administrators of other UTs.
    • Six Ministers of Cabinet rank in the Centre’s Council of Ministers, nominated by the Prime Minister, are also its members.
    • Its procedure states that the council should meet at least three times a year.

    What issues has TN CM raised?

    • The leader has flagged the lack of regular meetings.
    • The Council has met only once in the last six years — and that there has been no meeting since July 2016.
    • Since its constitution in 1990, the body has met only 11 times,

    Recent development: Reconstitution of the Council

    • The CM appreciated the reconstitution of the Council, carried out last month.
    • The body will now have 10 Union Ministers as permanent invitees, and the standing committee of the Council has been reconstituted with Home Minister Amit Shah as Chairman.
    • Finance Minister Nirmala Sitharaman and the Chief Ministers of Maharashtra, UP, and Gujarat are some of the other standing committee members.

    Why did TN raise this issue?

    • Many CM frequently disagreed with the central government’s policies on matters of taxation, on the medical examination NEET, and often talked about the rights of states.
    • What could be settled amicably among the executive branches is often taken to the doorsteps of the judicial branch.

    Role of TN in the Council’s formation

    Tamil Nadu has long advocated the need for a Council.

    • In 1969, late leader M Karunanidhi, spoke about setting up an expert committee to study Centre-state relations.
    • Months later, his government appointed a committee headed by P V Rajamannar, a former Madras High Court Chief Justice, which submitted a report in 1971.
    • It then recommended “the Inter-State Council should be constituted immediately”.

    What happened in the last meeting of the Inter State Council?

    • In 2016, the meeting included consideration of the Punchhi Commission’s recommendations on Centre-State Relations that were published in 2010.
    • At the time, M Karunanidhi had criticised then CM J Jayalalithaa for not personally attending the meeting.
    • The meeting saw detailed discussion on the recommendations.
    • States asked for maintaining the federal structure amid growing “centralisation”.
    • Imposition of Article 356 of the Constitution, which deals with the imposition of President’s Rule in states, was a matter of concern.
    • Bihar Chief Minister demanded that the post of Governor should be abolished!

     

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  • Pak. may get off FATF ‘grey list’ after on-site check

    Pakistan got a reprieve from the Financial Action Task Force (FATF) as it announced that the country could be removed from the “grey list” after a visit by a fact-finding team.

    What is the news?

    • FATF noted Pakistan’s constructive claims of actions to curb terror funding.
    • It would formally be taken off the “grey list” in October.
    • China is working relentlessly to get Pakistan off FATF ‘grey list’.

    India’s stance

    • New Delhi has been sceptical of Pakistan’s commitment to completely end terror safe havens in the country.
    • Infiltration in J&K continues and small arms and IEDs are being habitually pushed across the LoC.

    What is the FATF?

    • The FATF is an international watchdog for financial crimes such as money laundering and terror financing.
    • It was established at the G7 Summit of 1989 in Paris to address loopholes in the global financial system after member countries raised concerns about growing money laundering activities.
    • In the aftermath of the 9/11 terror attack on the US, FATF also added terror financing as a main focus area.
    • This was later broadened to include restricting the funding of weapons of mass destruction.
    • The FATF currently has 39 members.

    Working of FATF

    • The decision-making body of the FATF, known as its plenary, meets thrice a year.
    • Its meetings are attended by 206 countries of the global network.
    • It includes members, and observer organisations, such as the World Bank, some offices of the UN, and regional development banks.

    Functions of FATF

    • The FATF sets standards or recommendations for countries to achieve in order to plug the holes in their financial systems and make them less vulnerable to illegal financial activities.
    • It conducts regular peer-reviewed evaluations called Mutual Evaluations (ME) of countries to check their performance on standards prescribed by it.
    • The reviews are carried out by FATF and FATF-Style Regional Bodies (FSRBs), which then release Mutual Evaluation Reports (MERs).
    • For the countries that don’t perform well on certain standards, time-bound action plans are drawn up.
    • Recommendations for countries range from assessing risks of crimes to setting up legislative, investigative and judicial mechanisms to pursue cases of money laundering and terror funding.

    What are the Black List and the Grey List?

    • The words ‘grey’ and ‘black’ list do not exist in the official FATF lexicon.
    • They however designate countries that need to work on complying with FATF directives and those who are non-compliant.
    1. Black List: The blacklist, now called the “Call for action” was the common shorthand description for the FATF list of “Non-Cooperative Countries or Territories” (NCCTs).
    2. Grey List: Countries that are considered safe haven for supporting terror funding and money laundering are put in the FATF grey list. This inclusion serves as a warning to the country that it may enter the blacklist.

    Consequences of being:

    (1) In the grey list:

    • Economic sanctions from IMF, World Bank, ADB
    • Problem in getting loans from IMF, World Bank, ADB and other countries
    • Reduction in international trade
    • International boycott

    (2) In the black list:

    • High-risk jurisdictions subject to call for action
    • Countries have considerable deficiencies in their AML/CFT (anti-money laundering and counter terrorist financing) regimens
    • Enhanced due diligence
    • Members are told to apply counter-measures such as sanctions on the listed countries

    Note: Currently, North Korea and Iran are on the black list.

    Pakistan and FATF

    • Pakistan, which continues to remain on the “grey list” of FATF, had earlier been given the deadline till the June to ensure compliance with the 27-point action plan against terror funding networks.
    • It has been under the FATF’s scanner since June 2018, when it was put on the Grey List for terror financing and money laundering risks.
    • FATF and its partners such as the Asia Pacific Group (APG) are reviewing Pakistan’s processes, systems, and weaknesses on the basis of a standard matrix for anti-money laundering (AML) and combating the financing of terrorism (CFT) regime.

    Why is Pakistan on the grey list?

    • Pakistan has found itself on the grey list frequently since 2008, for weaknesses in fighting terror financing and money laundering.
    • It never addressed concerns on the front of terror financing investigations and prosecutions targeting senior leaders and commanders of UN-designated terrorist groups.
    • However, now steps had been taken in this direction such as the sentencing of terror outfit chief Hafiz Saeed, prosecution of Masood Azhar and seizure of their properties.
    • India meanwhile, a member of FATF, suspects the efficacy and permanence of Pakistani actions.

    How FATF impacts Pakistan?

    • The FATF grey list made it more difficult for Pakistan to get financial aid from the International Monetary Fund (IMF), World Bank, Asian Development Bank (ADB) and the European Union (EU).
    • This will further create an economic crisis for Pakistan which is already struggling to control its financial position.
    • Bearing the cost of global politics the impact of FATF grey-listing on Pakistan’s economy has claimed that FATF’s decision has led to a loss of USD 38 billion for Pakistan so far.

    Steps taken by Pakistan

    • Pakistan is currently banking on its potential exclusion from the grey list to help improve the status of tough negotiations with the International Monetary Fund to get bailout money.
    • Pakistan is now making a high-level political commitment to the FATF and APG to address its strategic AML/CFT deficiencies.

     

     

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  • [pib] BIS develops an Standard for ‘Non-electric Cooling Cabinet made of Clay’

    Bureau of Indian Standards (BIS), the National Standards Body of India, has developed an Indian Standard, IS 17693: 2022 for ‘non-electric cooling cabinet made of clay’.

    IS 17693: 2022

    • BIS standard specifies the construction and performance requirements of a cooling cabinet made out of clay, which operates on the principle of evaporative cooling.
    • These cabinets may be used to store perishable foodstuff without the need of electricity.
    • This standard helps BIS in fulfilling 6 out of 17 UN Sustainable Development Goals (SDGs) like No poverty, Zero hunger, Gender equality, Affordable and clean energy, Industry, innovation, and infrastructure, and Responsible consumption and production.

    Why such move?

    • Named as ‘Mitticool refrigerator’, Mansukh Bhai Prajapati from Gujarat is the innovator behind the refrigerator which projects an eco-friendly technology.
    • It is a natural refrigerator made primarily from clay to store vegetables, fruits, milk, and also for cooling water.
    • It provides natural coolness to foodstuffs stored in it without requiring any electricity.
    • Fruits, vegetables, and milk can be stored reasonably fresh without deteriorating their quality.

    Back2Basics: Bureau of Indian Standards (BIS)

    • BIS is the National Standards Body of India working under the aegis of the Ministry of Consumer Affairs, Food & Public Distribution.
    • It is established by the Bureau of Indian Standards Act, 1986 which came into effect on 23 December 1986.
    • The organization was formerly the Indian Standards Institution (ISI), set up under the Resolution of the Department of Industries and Supplies in September 1946.
    • The ISI was registered under the Societies Registration Act, 1860.
    • A new Bureau of Indian standard (BIS) Act 2016 has been brought into force with effect from 12 October 2017.
    • The Act establishes the Bureau of Indian Standards (BIS) as the National Standards Body of India.

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  • [Burning Issue] Blasphemy and Hate Speeches

    Context

    • The debate surrounding the comments by some political spokespersons has put the spotlight on the need for anti-blasphemy law which deals with criticism of or insults to religion.
    • Presently India does not have a formal legal framework for dealing with hate speech concerning any particular religion.

    What is Blasphemy?

    • Blasphemy is one of the world’s most abused law when it comes to suppressing the voices of communities, rationalists as well as at many times scientists.
    • It is often regarded as a reasonable restriction over the freedom of speech and expression.
    • It many a times is also regarded as a hindrance in the development of a scientific temper among people.
    • It also a methodology of imposing the religious beliefs and virtues of one community over other.

    A backgrounder

    • Being a society with mostly Hindu population, India never saw a legislation against blasphemy till 1927.
    • Prior to independence, in the fog of communal tensions, a Pamphlet was published by Mahashay Rajpal.
    • It sparked controversy, with the members of Muslim community seeking punishment for Rajpal as it was a violent attack over the religious sentiments of Muslims.
    • Eventually Rajpal was acquitted because of the lack of any blasphemy law in India, only to be murdered in 1929.

    Beginning of legislation

    • The British colonial government eventually in the time of need, amended the Indian Penal Code, 1860 and added the Section 295(A) in the year 1927.
    • The Section even after the partition of India, is present in the Indian Penal Code, 1860, as well as in Pakistan and Bangladesh.

    What is Section 295A of the Indian Penal Code (IPC)?

    • Section 295A, define the contours of free speech and its limitations with respect to offences relating to religion.
    • It prescribes punishment for deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.
    • It calls for imprisonment of either description for a term which may extend to [three years], or with fine, or with both.
    • It has been invoked on a wide range of issues from penalizing political satire and seeking bans on or withdrawal of books to even political critique on social media.

    Chapters to penalize religious offenses

    Section 295A is one of the key provisions in the IPC chapter to penalize religious offenses. The same chapter includes offenses to penalize:

    1. Damage or defilement of a place of worship with intent to insult the religion (Section 295)
    2. Trespassing in a place of sepulture (burial) (Section 297)
    3. Uttering, words, etc, with deliberate intent to wound the religious feelings of any person (Section 298) and
    4. Disturbing a religious assembly (Section 296)

    Frequency of use

    • The state often invokes Section 295A along with 153A of the IPC, which penalises promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc.
    • It acts prejudicial to the maintenance of harmony and Section 505 of the IPC punishes statements conducing to public mischief.

    What about online hate speech?

    • In cases where such speech is online, Section 66A of the Information Technology Act was invoked.
    • However, in a landmark verdict in 2015, the Supreme Court struck down Section 66A as unconstitutional on the ground that the provision was “vague” and a “violation of free speech”.
    • However, the provision continues to be invoked.

    Issues with such laws

    • The broad, vague terms in the laws are often invoked in its misuse.
    • Lower conviction rates for these provisions indicate that the process — where a police officer can arrest without a warrant — is often the punishment.
    • Critics have pointed out that these laws are intended for the state to step in and restore “public order” rather than protect free speech.

    Voice for Anti-Blasphemy Laws

    (1) Sacrosanctity of Religions

    • Most of the religions establish in the mind of people, the sacrosanctity of God as well as the religion itself.
    • Scholars in the past have held that the God is above and beyond the scope of any question or doubt.
    • Acts such as impunity, apostasy and blasphemy have been held to be grievous offense, penalty of which at many times can be death.

    (2) Enforcement of Religious Sanctions

    • For example in Afghanistan the Constitution declares Islam to be the official “religion of the state”.
    • It goes on to stating that no law can be contrary to the beliefs and provisions of the sacred religion.
    • For issues on which the Constitution and Penal Code are silent (including conversion and blasphemy), courts rely on Shari’a.

    (3) Stable Governance

    • Sometimes religion is not a purely personal affair but is the foundation of the state, a vector of spiritual civilization affecting not only the feeling and thoughts, but also the actions of human beings.
    • Hereby it can be understood that Religion affects the actions of human beings, thus requires a protection legally as a moral & social value that drives a human, leading to a stable society and better governance.
    • The responsibility to protect religious sentiments of others later transforms into a legal duty when the state recognizes the Right to Religion.

    (4) Reasonable Restriction for Harmony

    • Most of the countries implement Blasphemy laws as a reasonable restriction for the maintenance of communal harmony.
    • Not to forget the fact that the Section 295(A) was introduced in the IPC, 1860 to put a hold on a series of communal violence provoked by the use of blasphemous statements.
    • Thus the British governments’ aim of introducing 295(A) was to put the reasonable restriction of the freedom of speech for the maintenance of order in the society.

    Issues with Anti-Blasphemy Law

    Throughout the world there have been numerous oppositions against blasphemy laws which at points have succeeded at points have not.

    (1) Lack of a definition for term Religion

    • Blasphemy has been described as irreverence towards God or Religion, however the term Religion itself lacks a proper definition for itself.
    • Belief in God which may unite Judaism, Islam and Christianity, is clearly insufficient as a definition, because some religions, such as Hinduism are arguably, Polytheistic.
    • Definition that depends upon a belief on God or Gods would similarly fail to include Buddhism, as it doesn’t include belief in a God.

    (2) Freedom of Religion

    • Many jurisdictions have tried to define the term religion through commentaries or judgments.
    • The Universal Declaration of Human Rights in its article 18 also protects Atheistic and Non- Theistic views in order to broaden the term Religion.
    • If the term Religion is broadened enough to include Atheism, then it also comes under the purview of Freedom of Religion and the practicing Atheism may fall under the category of Blasphemy at many instances.
    • Apart from Atheism, many religions also come a lot of time in conflict with other religions, at many times which may lead to blasphemy.

    (3) Curb on freedom of speech and expression

    • Freedom of Speech and expression is a fundamental right in the constitution of various countries including India and also is a Human Right.
    • The International Covenant on Civil and Political Rights in its article 19 states that everyone shall have the right to freedom of expression.
    • This right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice and the right to hold

    (4) A Tool for Oppression

    • Blasphemy for a very long time has been seen as a tool for the majority to oppress the minority. One of the best example for it is in Pakistan and the Saudis.
    • Their laws puts immense restrictions on non-Muslims and slightest defiance invites sentences such as beheadings.
    • The ratio of Muslims to non-Muslims among blasphemy defendants illustrates the extent to which these laws are used to persecute religious minorities.

    (5) Promotes Violence

    • The allegations of blasphemy at multiple occasions leads to violence and extremism and have been used by vigilante groups and non-state actors to justify and instigate incidents of interreligious violence.
    • The Constitutional Court review of Blasphemy laws in Indonesia led to mass protests with hard lined groups threatening the petitioners.
    • The petitioners had asserted that the law had played an instrumental role in creating sectarian tensions and religious conflict rather than preventing them.
    • This has been the umbrella under which various militant groups attack, burn and destroy others.

    (6) Hurdle in development of scientific temper

    • A large number of incidents have taken place across the world where a rationalist has faced a threat for questioning religious doctrines and has been persecuted under the blasphemy laws.
    • It is to be noted that astrologer Galileo Galilei was put under house arrest for supporting Heliocentrism as opposed to Geocentrism in the Bible.
    • These were some of the arguments against Blasphemy laws in various countries, which may or may not applicable in other countries as well.

    India’s considerations for such laws

    (1) Nature of the State and Society

    • It is not the business of the government to supress real or imaginary attacks upon a particular religious doctrine.
    • India is a secular state by the virtue of its constitution. A secular state is neither a supporter of religion nor irreligion.
    • However the imposition of a penal provision that acts as an anti- blasphemy law is a biasness against the irreligious, as discussed earlier the practice and propagation of irreligion may amount to blasphemy for few religions.

    (2) Violation of Freedom of Speech and Expression

    • Throughout the history of Independent India, the section has been defined as a reasonable restriction over freedom of speech to secure public order.
    • In the Ramji Lal Modi case the court had held that the Constitution in Article 19(2) permits the state to restrict freedom of speech and expression in interests of public order.
    • In the light of above state case laws, Free speech gets a wider scope.
    • However, in practical approach, the idea of an imminent lawless action makes it very difficult in the case of Blasphemous acts.
    • It is quite unpredictable as to what statement containing elements of blasphemy has the capability to spark off violence.

    (3) Promotion of Violence & Victimhood

    • The IPC sections also incite the display of wounded feelings.  More than this, the law encourages or generates specifically violent displays of wounded feelings.
    • The provisions main objective was to prevent violence.
    • Say, a ban on a book under Section 295(a) requires a strategy and being violent is the first part of it as it is the clearest proof that the sentiments of a class of citizens of India has been outranged.

    (4) India’s International Responsibility

    • As stated earlier, the International Covenant for civil and political rights in its article 19 makes it a duty of every country to ensure its citizen’s right to freedom of Speech and expression.
    • It also states that any sort of blasphemy law is a clear violation of the Article 19.
    • Hence, since India has ratified the above mentioned Covenant it is its duty to abolish any such laws

    (5) Question of Malice

    • The section 295 (A) has put emphasis only on those act which are done with an element of malice in it, punishable.
    • However what is to be looked into is the fact that, when it comes to the malice, proving it is a complex and difficult issue, and in India the disposal rate of cases are very slow.
    • Most of the times, such cases take a very long time & surpass the duration of the punishment itself.
    • The element of Malice was added to make sure that any necessary or constructive criticism doesn’t get restricted.

    Way forward

    • Laws should be made with an objective to punish miscreants and curb their objective and not to protect the religion from them.
    • One and only one sustainable solution to this is to make the society tolerable, and for that education is the key.
    • This will provide for a society which will respect the right to express thoughts and right to speech and at the same time, respecting all religions, minorities and their beliefs also.
    • It has to be kept into mind that the concept of blasphemy was a concept developed and fit for a pre-modern society, led by a government that is not secular and democratic.

    Conclusion

    • To conclude, these words by Ludwig Feuerbach are appropriate, “God is not liable to offence; and even if he were offended, He would not under any circumstances wish the punishment of his offenders.”
    • Public order only can be censored. Hereby the only incitement that has to be there is an incitement of violence. This is where the laws of Blasphemy and hate speech differs.
    • However, blasphemous statements are that doesn’t contain elements of hate or violence is left at the level of tolerance for a section of society.
    • This becomes even weaker due to the presence of Blasphemy laws.

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • Get Sajal sir’s Mains essential PDF + Download UPSC Bootcamp assignment + Register FREE for Day 2 of Answer writing Session with toppers | AIR 267 and Zeeshan sir tomorrow

    Get Sajal sir’s Mains essential PDF + Download UPSC Bootcamp assignment + Register FREE for Day 2 of Answer writing Session with toppers | AIR 267 and Zeeshan sir tomorrow

    Day 1 of UPSC Bootcamp was a huge success. Are you ready for Day 2? (click here: Day 1 Assignment) || Register for CivilsDaily’s Mega Bootcamp Day 2 i.e. 19th June 2022. Mains Answer Writing, Ethics, Essay, and more. Details below.
    1. Improved Answer Writing and Mains Answer's structure
2. Strategy on tackling Ethics case studies
3. Invaluable tips on Philosophical Essays
4. Inputs by Rankers on your answers
5. Access to exclusive Community on Telegram

    Session Details:

    DAY 1 – 18th June 2022 – OVER

    Morning Session

    • Rohan Kadam(AIR 295) Starts at 12:00 pm
    • Anay Navandar(AIR 32) starts at 1:00 pm

    The evening session Mukesh Kumar Gupta(AIR 499) starts at 7:00 pm

    DAY 2 – 19th June 2022 – Morning Session with Soham Mandare(AIR 267) starts at 12:00 pm
    DAY 2 – 19th June 2022 – Evening session with Zeeshan sir on How to tackle essay starts at 7 pm

    DAY 2: 19th June 2022 (Register for FREE)

    Meet AIR 267 Soham Mandare, He had a score of 799 in this year’s Mains. Learn his secrets behind the score!

    Try your hand at solving GS 1, 2, 3, 4 questions and essay.

    Learn How to tackle Philosophical Essay and master them.

    DAY 1: Concluded – do the assignment

    Meet AIR 295 Rohan Kadam and learn how he approaches, breaks down mains questions via live solving Mains 2021 questions.

    Try your hand at solving GS 1, 2, 3, 4 questions.

    Get Insight from Anay Navandar(AIR 32) of how he scored 127 in ethics and watch him solve case studies.

    Learn how Mukesh AIR 499 made a jump of 60 marks in this GS marks.

    Get 5 questions from our Last Full length Test series as homework – try solving them and discuss them on Day 2.


    UPSC Bootcamp
Session 1: Developing Mains Answer's Structure like that of UPSC Toppers + Interaction with Topper
Session 2: Interactive Answer Writing session 
Session 3: Master strategy for Ethics Case studies with Sukanya Rana and UPSC topper
Session 4: Tackling Philosophical Essays for UPSC CSE

    In this Bootcamp, we’ll be having total 4 sessions on

    1. From mediocre to UPSC worthy structure: Answer Writing with a clear mandate on improving the Structure of your answers. – Sukanya Rana and UPSC Rankers
    2. How to tackle Ethics case studies by solving handpicked case studies LIVE in the session. – Sukanya Rana and UPSC Rankers
    3. Selecting and writing Philosophical essays. – Zeeshan Hashmi
    4. LIVE writing and strategy by UPSC 2021 Rankers

    Register for the Bootcamp and we will email you the link for the Telegram group and other Mains resources.

    Topper’s sessions will discuss their strategies regarding mains answer writing and guide you through the art of structuring the answers.

    Assignment: DAY 1

    Do these and share in the Telegram group. We will be discussing them.
  • SMASH ESSAY OPEN TEST (FREE) on 19th June | SMASH ESSAY FLTs 2022 launched | 1-1 mentorship by Zeeshan Hashmi

    SMASH ESSAY OPEN TEST (FREE) on 19th June | SMASH ESSAY FLTs 2022 launched | 1-1 mentorship by Zeeshan Hashmi

    Click here for Smash Essay FLTs 2022


    About the ESSAY Open test (FREE)

    • Topic: Philosophical essay (UPSC’s favorite)
    • Indicative Model Structure to be given after the test
    • Mode: Online
    • Test Date – 19th June
    • Video Explanation- 19th June (Evening)

    SMASH ESSAY FLTs 2022

    5 Full-Length Tests, Mentorship, Habitat Membership

    What is Essay FLTs 2022?

    It is a mentor-driven Essay test series for UPSC 2022 Mains exam. Our focus is on personalized attention in evaluation, execution, and course correction. Our innovative methodology in topic selection, reviews, and evaluation on one hand and mentorship and collaborative approach on the other will build your capacity to write Essays that will fetch 150+ marks.

    Program inclusion

    Highly relevant, precise, and thoughtful topic selection
    1. 5 FLTs
    2. Model essays
    3. Evaluated Copy
    4. Post Test Mentorship Calls by Zeeshan sir
    5. Membership to exclusive Essay group on Habitat
    6. Notes and references on Habitat
    Special offer for Smash Mains students and Previously enrolled students

    What are we offering and how is it unique?

    We’ve innovated at every step of the process.

    Our research tells us there are 8 broad themes of essays being asked since 2010 – Economy, Polity, Women Issues, Education, Science & Tech, Philosophy, IR, Miscellaneous.

    But there is some rationality to the way UPSC selects essay topics. Those themes are highly relevant to the current times and one can find a strong correlation with current affairs of the past year(s).

    We plan to develop your competencies so that you can be better prepared for the actual exam.

    An innovative methodology for reviews

    Our biggest innovation lies in our review methodology. Specific portions of your essay will be highlighted with symbols to indicate issues in essay writing

    1. (X) Cross–FUNDAMENTAL FLAWS like judgments/strong postures which need to be avoided at all costs.
    2. (*)Star -APPRECIATION for uniqueness.
    3. STRUCTURE is not maintained. Issues with Language and expression.
    4. GENERAL SUGGESTIONS for candidates.

    Along with this, Zeeshan sir will also leave specific reviews on strengths and weaknesses.

    We don’t want to merely suggest additional points that can be googled by the student themselves or point out superficial flaws like not ‘sticking to the topic’. They don’t necessarily highlight the shortcomings in the essay. This adds very little value to students. We go much beyond that and help students fix major flaws in their essays.

    10 parameters on which your essays are going to get evaluated
    1. Comprehension of the topic
    2. Language and Expression
    3. Structure and Organisation of thought.
    4. Objectivity and Biases. Balance of perception
    5. Attitude whether a learner or judgmental
    6. Focus and attention
    7. Content and Source matter, Knowledge and information processing capability
    8. Ability to forge links in an interdisciplinary manner
    9. The simplicity of disposition
    10. Observational Skills
    Model essays with indicative structure and good essay copies

    You will be provided with good essay copies to serve as sample answers. This is a better alternative than sample answers which are hastily written and at times not updated with the latest figures.

    Students have an incorrect impression that going through a sample essay will somehow help them write better essays. This is absolutely incorrect.

    To develop your competency in tackling different topics, you have to be able to come up with appropriate structures. This aspect of the program addresses this issue.

    The expectation from you would be that you study the solutions in detail and try to address the shortcomings in your essays. Should doubts still persist, we’re here to help.

    One-to-one Mentorship and Civilsdaily’s handholding

    This component of the program is the most important. Post-evaluation of your essay test you will get on a one-to-one discussion with Zeeshan sir. He will discuss the topic in considerable depth, appropriate structure, pitfalls to avoid, etc.

    Along with that, Zeeshan Sir will also discuss copies presenting different styles in which the essays could be attempted.

    How to write UPSC IAS essay
    UPSC mains scorecards of Zeeshan sir. A whopping jump of 65 marks in the Essay paper.
    Membership to an exclusive group on Habitat

    Habitat is our learning platform, here you’ll be given membership to an exclusive Essay group. This group will be administered by Zeeshan sir, Sajal sir, in-service officers, rankers, and other mentors.

    For essays, you need multiple perspectives to understand a topic or an issue in its entirety. You need discussions; arguments; confluence, confrontation, and integration of ideas. Here, discussions will be facilitated by mentors and enriched by different viewpoints from peers. Moreover, you can ask and discuss any of your doubts with peers and Zeeshan sir.

    Besides these, you will be given the following

    • Any additional material that we release for essays.
    • Notes and reference material including good articles, essays, etc. on Habitat group

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