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  • [Burning Issue] Air India Aircraft Deal and its Significance

    air

    Context

    • Tata Group-owned Air India (AI) placed two mega orders, adding up to a staggering 470 aircraft — for 250 planes with Europe’s Airbus consortium, and 220 with Boeing Co. of the United States.
    • This is the largest order placed by an airline in one go anywhere in the world, beating the 2011 order by American Airlines for a combined 460 aircraft. The biggest order by an Indian carrier before this was IndiGo’s 300-aircraft order in 2019.
    • In this context, this edition of the Burning Issue will elaborate on the deal and its impact on the Indian aviation sector. The topic will be relevant for the GS3 Mains Paper under the subheading Infrastructure development and Airports.

    Details of the Air India order

    • The deal includes seventy of the 470 aircraft wide-body or twin-aisle planes for long-haul flights.
    • Airbus has got the bigger order, but the Boeing order includes an option for a 70-plane top-up, taking the possible order size to 540 aircraft.
    • The mega order cost for Airbus and Boeing aircraft is estimated between $70 billion and $80 billion.
    • Ever since Air India returned to the Tata Group, the new owners have been focussed on sprucing up the product offering, while also planning an extensive expansion for the airline.
    • A five-year roadmap–Vihaan.AI–was prepared with the objective of substantially growing the airline’s network and fleet in a bid to put it on a “path to sustained growth, profitability, and market leadership”.

    About Indian Aviation Industry

    • One of the fastest-growing: The Indian aviation industry is one of the fastest-growing aviation markets in the world.
    • Undergone a significant transformation: Over the last decade, it has undergone a significant transformation, with the rise of low-cost carriers, increased competition, and modernization of airport infrastructure.
    • Growth: The Indian aviation industry has been growing at a rapid pace in recent years. According to the International Air Transport Association (IATA), India is expected to become the third-largest aviation market by 2025.
    • Domestic and International Market: The Indian aviation industry has a mix of domestic and international airlines. The domestic market is dominated by low-cost carriers such as IndiGo, SpiceJet, and GoAir, while the international market is dominated by full-service carriers such as Air India and Jet Airways.
    • Government Support: The Indian government has been supportive of the aviation industry’s growth and has introduced several initiatives to encourage investment and development in the sector. These include the Regional Connectivity Scheme (RCS) called UDAN, which aims to improve connectivity to remote and underserved regions in the country.
    • Infrastructure Development: In recent years, there has been significant investment in airport infrastructure in India. The country has over 100 operational airports, and several new airports are under construction or in the planning stages.
    • Skilled Workforce: The Indian aviation industry has a skilled and well-trained workforce, with several world-class aviation training institutions. Indian pilots and cabin crew are in high demand globally.

    What is driving Indian Aviation Sector Growth?

    • Already third largest domestic market: India is the third largest domestic aviation market after China and the US. The annual domestic air traffic in pre-covid 2019 for India stood at 144 mn passengers.
    • Income growth and demographic dividend: Increasing income levels, an aspirational middle class, competition between low-cost carriers and enhanced connectivity and infrastructure.
    • Potential to become the 3rd largest international market: The government and the industry say India could become the third largest international — not just domestic — aviation market given the huge gap between potential and current air travel penetration.

    How will Indian aviation shape up?

    • A major shift could happen in the market: So far, IndiGo’s been the largest player with strong promoter support but there are visible signs of competition from Air India and Akasa Air. Indian airlines will eye a greater share of outbound international traffic from the current level of around 45%.
    • While Air India is expected to cross foreign carriers in flights to US and Europe, IndiGo is eyeing Europe and East Asia by 2024. The government has asked airlines and airports to work towards multiple international hubs in India.
    • According to IBEF, India is poised to improve its position from the 7th largest in civil aviation to the third largest in the next 10 years. Given India’s demography and increasing purchasing power, domestic air traffic will certainly move higher.

    Significance of the deal

    • Aspirational Air India: It has put Air India in the league of “aspiring” global airlines. The debt-ridden carrier, which was taken over by the Tata Group in early 2022, plans to turn into “a world-class proposition”. Experts say the bulk order indicates Air India’s intent to reclaim its “pole position” in the domestic aviation market, as well as expand its presence in international routes, BBC reported.
    • Reduce Dependence on Foreign Flyers: the large fleet that will be acquired by Air India will help in reducing the dependence of Indian flyers on foreign carriers such as Emirates, Qatar Airways, Etihad and other Middle Eastern airlines. These orders directly synergize Air India’s fleet with Lufthansa and Singapore Airlines – all part of Star Alliance, the world’s largest global airline alliance,
    • Help enter markets like the US: The purchase of wide-bodied aircraft like the A350s will allow Air India to enter markets like the US and Australia directly by offering non-stop flights from India to these places.
    • Cater to the need of Indian aviation: Air India’s new fleet will help in catering to the needs of India’s growing aviation market. Demand for air travel is again seeing a surge in India and other parts of Asia after the COVID-19 pandemic. As per ICRA, with 986 lakh flyers, domestic air traffic increased 63 per cent year-on-year between April and December 2022 in India.
    • May give a boost to Make in India and employment: The deal can also create jobs for Indians. The Tata group chairman has hinted that some of the aircraft parts could be manufactured in India, which will boost domestic manufacturing and create job opportunities.
    • Improves India’s global Standing: the deal is “important for the industry because, given the recent turbulence in the China market, the alternative growth market in India,”
    • Political signals: “India is also sending a strong political signal that it wants to remain attached to the West at a time when it has appeared ambiguous on Russian sanctions,”

    Impacts on bilateral relations

    • India-France: At a virtual event attended by the Tata Sons chairman and French president Emmanuel Macron said that the Air India deal reflects deepening ties between India and France, as well as the successes and aspirations of India’s civil aviation sector. This achievement shows that Airbus and all its French partners are fully dedicated to developing new areas of dedication with India.
    • India-US: The Indian prime minister and US President Biden acknowledged the Air India and Boeing deal as a “shining example of mutually beneficial cooperation”. The two leaders also expressed a desire to bolster bilateral cooperation in space, semi-conductors, supply chains and defense co-production.
    • India-UK: British prime minister Rishi Sunak also said the Airbus-Air India deal would generate employment opportunities around the UK. This is one of the biggest export deals to India in decades and a huge win for the UK’s aerospace sector.

    Challenges

    • Funding: When the Tatas took over the company, they had absorbed around ₹15,300 crores of the total debt of ₹61,562 crore belonging to the bleeding air carrier. Thus, it will be challenging for AI to raise a loan of US $50-60 billion to fund the deal.
    • Mere customer: if the Make-in-India clause is not added to the deal’s final agreement, India could end up being a ‘mere customer’ of goods with the least direct benefit to the Indian economy.
    • Operating costs are high: The Indian aviation industry has many difficulties, including high operating costs. This is caused by a multitude of things, including exorbitant fuel costs, airport fees, and taxes. If all these continued, the profit from these new aircraft will remain low.
    • Infrastructure Barriers: The Indian aviation industry is further hampered by outdated air traffic control systems, insufficient ground support services, and restricted airport capacity.
    • Regulatory Framework: The regulatory framework is a source of difficulties for the Indian aviation industry.

    Conclusion

    • Overall, the Indian aviation industry has come a long way in recent years and is poised for further growth in the future. There will be a shakeout in India’s aviation sector, with the ‘Maharajah’ once more ascending the throne to reign supreme over India’s skies.
    • With a large jump in international air carriers from India, the deal promises to make India an international hub for air travel. The government’s support, investments in infrastructure, and skilled workforce will be critical to ensuring the industry’s success in the years ahead.

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  • Supreme Court says NO to Sealed Cover suggestions

    seal

    Central idea: The Supreme Court has said it did not want to accept in a “sealed cover” the Centre’s suggestions on who could be the members of a committee the court had proposed to assess the market regulatory framework and recommend measures, if any, to strengthen it in the wake of the Adani-Hindenburg affair.

    What is the news?

    • The article is about a public interest petition filed in the Supreme Court that calls for the establishment of an expert panel to strengthen regulatory mechanisms related to the Adani Group.
    • The petitioners argue that the Adani Group has been able to bypass regulatory hurdles through its influence on government officials and agencies.

    What is Sealed Cover Jurisprudence?

    • It is a practice used by the Supreme Court and sometimes lower courts, of asking for or accepting information from government agencies in sealed envelopes that can only be accessed by judges.
    • A specific law does not define the doctrine of sealed cover.
    • The Supreme Court derives its power to use it from Rule 7 of order XIII of the Supreme Court Rules and Section 123 of the Indian Evidence Act of 1872.

    Need for sealed cover jurisprudence

    There are several reasons why sealed cover jurisprudence is used-

    • National security: For example, in cases involving sensitive information related to defense or intelligence agencies, the disclosure of such information in open court proceedings could compromise national security.
    • Individual privacy: It is also used to protect the privacy in cases involving sensitive personal information. In such cases, the court may allow the submission of such information in a sealed cover to protect the privacy of the individual concerned.
    • Protect commercial or trade secrets: In cases involving disputes between companies, the disclosure of confidential information related to their business operations could harm their commercial interests.

    Nature of the power: Upholding Secrecy

    • If the Chief Justice or court directs certain information to be kept under sealed cover or considers it of confidential nature, no party would be allowed access to the contents of such information.
    • There is an exception to this if the Chief Justice himself orders that the opposite party be allowed to access it.
    • It also mentions that information can be kept confidential if its publication is not considered to be in the interest of the public.
    • As for the Evidence Act, official unpublished documents relating to state affairs are protected and a public officer cannot be compelled to disclose such documents.

    Grounds of such secrecy

    Other instances where information may be sought in secrecy or confidence is when its publication:

    1. Impedes an ongoing investigation of cases related to national security
    2. Details that are part of the police’s case diary or
    3. Breaches the privacy of an individual

    Prominent cases of sealed jurisprudence

    Sealed cover jurisprudence has been frequently employed by courts in the recent past.

    (1) Rafale Deal

    • In the case pertaining to the controversial Rafale fighter jet deal, a Bench headed by CJI Ranjan Gogoi in 2018, had asked the Centre to submit details related to deal’s decision making and pricing in a sealed cover.
    • This was done as the Centre had contended that such details were subject to the Official Secrets Act and Secrecy clauses in the deal.

    (2) Bhima Koregaon Case

    • In the Bhima Koregaon case, in which activists were arrested under the Unlawful Activities Prevention Act.
    • The Supreme Court had relied on information submitted by the Maharashtra police in a sealed cover.

    Issues with such jurisprudence

    • Undermines open justice: This practice appears to be unfavorable to the principles of transparency and accountability of the Indian justice system.
    • Erodes public faith: It stands in contrast to the idea of an open court, where decisions can be subjected to public scrutiny.
    • Increases arbitrariness: It is also said to enlarge the scope for arbitrariness in court decisions, as judges are supposed to lay down the reasoning for their decisions.
    • Unfair trials: Besides, it is argued that not providing access to such documents to the accused parties obstructs their passage to a fair trial and adjudication.

    Way forward

    • Conduct an independent and thorough investigation: Inquire into the allegations raised in the petition, and take appropriate legal action against the Adani Group if they are found to have violated environmental regulations.
    • Establish an expert panel as suggested by the petitioners: To review the regulatory framework and suggest measures to strengthen it. The panel should include experts from various fields, including environmental science, law, and economics.
    • Ensure transparency and accountability in the regulatory process: Foster a culture of environmental awareness and responsibility among businesses by promoting sustainable and eco-friendly practices. This could involve providing incentives and support to companies that adopt such practices.
    • Review the use of sealed cover jurisprudence: Ensure that it is used judiciously and only in cases where it is necessary to protect sensitive or confidential information.

     

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  • How did Election Commission decide who gets Party Symbol?

    Central idea: A faction within a political party led by the Maharashtra CM has been officially recognized as the legitimate group by the Election Commission of India. The faction has been allotted the “bow and arrow” symbol and the original name for use in future elections.

    Why discuss this?

    • The allotment of election symbols can have a significant impact on the electoral fortunes of political parties and that the current system of allotment may need to be reviewed to ensure greater transparency and fairness.

    EC’s powers in Election Symbol Dispute

    • The question of a split in a political party outside the legislature is dealt by Para 15 of the Symbols Order, 1968.
    • It states that the Election Commission of India’s (ECI) may take into account all the available facts and circumstances and undertake a test of majority.
    • The decision of the ECI shall be binding on all such rival sections or groups emerged after the split.
    • This applies to disputes in recognized national and state parties.
    • For splits in registered but unrecognized parties, the EC usually advises the warring factions to resolve their differences internally or to approach the court.

    How did the EC deal with such matters before the Symbols Order came into effect?

    • Before 1968, the EC issued notifications and executive orders under the Conduct of Election Rules, 1961.
    • The most high-profile split of a party before 1968 was that of the CPI in 1964.
    • A breakaway group approached the ECI in December 1964 urging it to recognize them as CPI(Marxist). They provided a list of MPs and MLAs of Andhra Pradesh, Kerala and West Bengal who supported them.
    • The ECI recognized the faction as CPI (M) after it found that the votes secured by the MPs and MLAs supporting the breakaway group added up to more than 4% in the 3 states.

    Options for ECI

    • The ECI in all likelihood can freeze the symbol so that neither of the two sides is able to use it until a final decision is made.
    • EC hearings are long and detailed and may take at least six months.

    What was the first case decided under Para 15 of the 1968 Order?

    • It was the first split in the Indian National Congress in 1969.
    • Indira Gandhi’s tensions with a rival group within the party came to a head with the death of President Dr Zakir Hussain on May 3, 1969.

    Is there a way other than the test of the majority to resolve a dispute over election symbols?

    • In almost all disputes decided by the EC so far, a clear majority of party delegates/office bearers, MPs and MLAs have supported one of the factions.
    • Whenever the EC could not test the strength of rival groups based on support within the party organization (because of disputes regarding the list of office bearers), it fell back on testing the majority only among elected MPs and MLAs.

    What happens to the group that doesn’t get the parent party’s symbol?

    • The EC in 1997 did not recognize the new parties as either state or national parties.
    • It felt that merely having MPs and MLAs is not enough, as the elected representatives had fought and won polls on tickets of their parent (undivided) parties.
    • The EC introduced a new rule under which the splinter group of the party — other than the group that got the party symbol — had to register itself as a separate party.
    • It could lay claim to national or state party status only on the basis of its performance in the state or central elections after registration.

     

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  • What is Special Marriage Act, 1954?

    marriage

    Central idea: An actress recently held her interfaith-marriage under the Special Marriage Act, 1954.

    What is the Special Marriage Act?

    • The Special Marriage Act of 1954 (SMA) was passed by the Parliament on October 9, 1954.
    • It governs a civil marriage where the state sanctions the marriage rather than the religion.
    • The minimum age to get married under the SMA is 21 years for males and 18 years for females.

    Why was it enacted?

    Ans. Interfaith/ Inter-caste Marriages

    • Issues of personal law such as marriage, divorce, adoption are governed by religious laws that are codified.
    • These laws, such as the Muslim Marriage Act, 1954, and the Hindu Marriage Act, 1955, require either spouse to convert to the religion of the other before marriage.
    • However, the SMA enables marriage between inter-faith or inter-caste couples without them giving up their religious identity or resorting to conversion.

    Why is it ‘Special’?

    • Detachment from the family: Once married as per the secular law, under Section 19 of the Act, any member of an undivided family who professes the Hindu, Buddhist, Sikh or Jain religion shall be deemed to affect their severance from the family.
    • Losing inherited property: This would affect rights, including the right to inheritance, of the persons choosing to marry under the SMA.

    Who can get married under the Special Marriage Act?

    • The applicability of the Act extends to the people of all faiths, including Hindus, Muslims, Sikhs, Christians, Sikhs, Jains, and Buddhists, across India.
    • Some customary restrictions such as parties not being within degrees of a prohibited relationship still apply to couples under SMA.
    • In 1952, when the Bill was proposed, the requirement of monogamy was considered radical.
    • Section 4 of the SMA requires that at the time of marriage, “neither party has a spouse living” or is “incapable of giving a valid consent to it in consequence of unsoundness of mind”.

    What is the procedure for a civil marriage?

    • As per Section 5 of the Act, the parties to the marriage are required to give a notice, in writing, to a “Marriage Officer” of the district in which at least one of the parties has resided for at least 30 days immediately preceding the notice.
    • Before the marriage is solemnized, the parties and three witnesses are required to sign a declaration form before the Marriage Officer.
    • Once the declaration is accepted, the parties will be given a “Certificate of marriage” which is essentially proof of the marriage.

    Furore over such marriages

    Ans. Religious conversion has emerged as the practical way to cohabit as a couple, in a country where neither the inter-faith, inter-caste nor the live-in couples can earn societal approval.

    • As per some Personal laws, in order to get married conversion of religion to get equalized is the only way.
    • There are cases of being allegedly lured and honey-trapped by men and those girls now seeking their help to free themselves.
    • Interfaith marriages these days are believed to be a forced conversion of the women spouses.
    • Fundamentalists’ claims that men of a particular religion are trained on the intricacies of religious doctrine to allure other religion women for marriage in an attempt to finish off her religion.

     

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  • Nominated members cannot vote in Delhi Mayor Poll: Supreme Court

    Central idea: The Supreme Court ordered the Lieutenant Governor of Delhi to notify the first meeting of the Municipal Corporation of Delhi to elect a Mayor within 24 hours and held that nominated members cannot vote in these polls.

    What is the issue?

    • The issue at hand is whether the nominated members of the Municipal Corporation of Delhi should be allowed to vote in the mayoral polls.
    • A Party had challenged the eligibility of the nominated members to vote, arguing that they were appointed by the Delhi government and were therefore not neutral.
    • The Supreme Court of India has now ruled that the nominated members cannot vote in the mayoral polls.

    What has the Supreme Court ruled?

    • The Bench did not agree with the L-G’s contention that nominated members could vote in the first meeting.
    • The court pointed out that Article 243R of the Constitution did not distinguish between the first and regular meetings.

    Who is a Mayor?

    • In India, the mayor is the head of a municipal corporation, which is responsible for providing essential services and infrastructure to the residents of a city or town.
    • The mayor is usually elected by the members of the municipal corporation or council, and serves as the ceremonial head of the local government.

    History of Mayor’s elections in India

    • Municipal corporation mechanisms in India was introduced during British Rule with formation of municipal corporation in Madras (Chennai) in 1688, later followed by municipal corporations in Bombay (Mumbai) and Calcutta (Kolkata) by 1762.
    • However the process of introduction for an elected President in the municipalities was made in Lord Mayo’s Resolution of 1870.
    • Since then the current form and structure of municipal bodies followed is similar to Lord Ripon’s Resolution adopted in 1882 on local self-governance.
    • The 74th Constitutional Amendment Act of 1992 was introduced providing for the transfer of 18 different powers to urban local bodies, including the election of a mayor and to recognise them which included Municipal Corporations, Nagar Panchayats, and Municipal Councils.

    Elections and tenure

    • The method of electing mayor and their tenure varies for each city in India.
    • In Bengaluru (Karnataka) the election process is indirect with a tenure being for one year, in Mumbai (Maharashtra) it follows indirect elections with tenure for 2.5 years and Bhopal (Madhya Pradesh) follows a directly elected mayor with a term for 5 years.

    Roles and Responsibilities

    • Governs the local civic body.
    • Fixed tenure varying in different towns.
    • First citizen of city.
    • Has two varied roles — Representation and upholding of the dignity of the city during ceremonial times and a presiding over discussions of the civic house with elected representatives in functional capacity.
    • The Mayor’s role is confined to the corporation hall of presiding authority at various meetings relating to corporation.
    • The Mayor’s role extends much beyond the local city and country as the presiding authority at corporation meetings during visits of a foreign dignitary to the city as he is invited by the state government to receive and represent the citizens to the guest of honour.
    • At government, civic and other social functions he is given prominence.

     

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  • What is Munich Security Conference?

    Central idea: The article is about the controversy surrounding billionaire philanthropist and political activist George Soros and his alleged statements on India and the Indian PM at the Munich Security Conference.

    Who is George Soros?

    • George Soros, the 92 YO billionaire philanthropist and political activist, has been at the center of several controversies over the years.
    • Some of the key controversies associated with Soros include:
    1. Currency manipulation: Soros became famous in the 1990s for his role in the “Black Wednesday” financial crisis in the UK, where he was accused of profiting from the devaluation of the pound sterling by short-selling it.
    2. Insider trading: Soros has also been accused of insider trading in several instances, including the case of the French bank Societe Generale.
    3. Political meddling: Soros has been accused of using his vast wealth to influence political campaigns and events around the world, including in countries like Hungary, Ukraine, and the United States.
    4. Anti-Semitic accusations: Soros has been the subject of numerous conspiracy theories and accusations of anti-Semitism, with some critics alleging that he is part of a secret globalist agenda to control world governments and economies.

    About Munich Security Conference (MSC)

    • The MSC was founded by a German official and publisher Ewald-Heinrich von Kleist at the peak of the Cold War (1947-1991).
    • Starting in 1963, the conference initially only focused on military issues and was mainly attended by western countries and their high-profile officials, who “came together to display a united front in their struggle with Soviet communism”.
    • After the end of the Cold War, the conference expanded its agenda that went beyond defense and security matters to include issues such as climate change and migration.
    • It also started to invite leaders from eastern nations, including Russia, India and China.

    What will be the focus of this year’s MSC?

    • This year’s edition might entail a refocus on its goal- the security order in Europe, in the backdrop of the Russia-Ukraine war that began just days after the MSC 2022 was concluded.
    • The conference might also serve as a platform for diffusing tensions between the United States and China, especially after the former shot down an alleged spy balloon.
    • Another theme on the agenda is to focus on diverse perspectives from the Global South, which included some of the poorest and least industrialized countries in the world.

     

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  • Species in news: Pangolins

    pangolin

    The World Pangolin Day was observed on February 18.

    Why in news?

    • A not-for-profit organization working on the international trade of animals and plants, has brought out a fact sheet reporting that 1,203 pangolins have been found in illegal wildlife trade in India from 2018 to 2022.

    Pangolins

    IUCN status: Endangered

    • India is home to two species of pangolin.
    • While the Chinese Pangolin (Manis pentadactyla) is found in northeastern India, the Indian Pangolin is distributed in other parts of the country as well as Sri Lanka, Bangladesh and Pakistan.
    • Both these species are protected and are listed under the Schedule I Part I of the Wild Life (Protection) Act, 1972 and under Appendix I of the Convention on International Trade in Endangered Species (CITES).
    • Commonly known as ‘scaly anteaters’, the toothless animals are unique, a result of millions of years of evolution.
    • Pangolins evolved scales as a means of protection. When threatened by big carnivores like lions or tigers they usually curl into a ball.
    • The scales defend them against dental attacks from the predators.

    Why protect Pangolins?

    • Pangolins are currently the most trafficked wildlife species in the world.
    • These Scales has now become the main cause of the pangolin’s disappearance.
    • The scales are in high demand in China, where they are used in traditional Chinese medicine.
    • Pangolin meat is also in high demand in China and Southeast Asia.
    • Consequently, pangolins have seen a rapid reduction in population globally. The projected population declines range from 50 per cent to 80 per cent across the genus.

     

    Try this PYQ:

    Consider the following animals:

    1. Hedgehog
    2. Marmot
    3. Pangolin

    To reduce the chance of being captured by predators which of the above organisms rolls up/roll up and protects/protect its/their vulnerable parts?

    (a) 1 and 2

    (b) 2 only

    (c) 3 only

    (d) 1 and 3

     

    [wpdiscuz-feedback id=”k95x3s7c8y” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

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  • Purse Seine Fishing Gear: A Questionable Fishing Method

    Fishing

    Central Idea

    • The Supreme Court of India has allowed purse seine fishing gear to be used for fishing beyond territorial waters (12 nautical miles) and within the Exclusive Economic Zone (EEZ) (200 nautical miles) of Tamil Nadu, subject to certain restrictions. However, the interim order is primarily concerned with regulating fishing through administrative and transparency measures rather than addressing conservation measures and obligations mandated by the UNCLOS. The use of purse seine fishing gear poses a threat to traditional fishermen and endangers the livelihoods of these fishermen.

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    Fishing

    What is Seine fishing gear?

    • Seine fishing gear is a type of fishing equipment used to catch fish in large quantities.
    • It consists of a long net that is suspended vertically in the water with the help of floats and weights. The net is then hauled through the water by two boats, which are called seine boats. The boats move towards each other, pulling the net between them and trapping fish in the process.
    • Seine fishing can be done in various ways, including purse seining, beach seining, and boat seining, among others.
    • The type of seine fishing gear used depends on the size of the fish being targeted and the location of the fishing activity.

    About United Nations Convention on the Law of the Sea (UNCLOS)

    • Law of the Sea treaty: UNCLOS is sometimes referred to as the Law of the Sea Convention or the Law of the Sea treaty. It came into operation and became effective from 16th November 1982.
    • Defines rights and responsibilities with respect to oceans: It defines the rights and responsibilities of nations with respect to their use of the world’s oceans, establishing guidelines for businesses, the environment, and the management of marine natural resources.
    • It has created three new institutions on the international scene: International Tribunal for the Law of the Sea, 2. International Seabed Authority, 3. Commission on the Limits of the Continental Shelf

    Fishing

    Conservation and conventions

    • Sovereign rights of coastal states: Under Articles 56.1(a) and 56.1(b)(iii) of UNCLOS, coastal states have sovereign rights to ensure that the living and non-living resources of the EEZ are used, conserved and managed, and not subject to overexploitation.
    • Coastal states discretion: Access to the zone by foreign fleets is also solely within the coastal state’s discretion and subject to its laws and regulations.
    • Total allowable catch in EEZ: In order to prevent overexploitation, coastal States must determine the total allowable catch (TAC) in the EEZ (Articles 61(1) and (2) of UNCLOS) in light of the best scientific evidence available.
    • Conservation of Southern Bluefin Tuna (SBT) 1993: The crux of the SBT is TAC and distribution of allocations among the parties to the SBT, which are very relevant from the angle of conservation of general fishery.

    Did you know?

    • The rise in occurrence of jellyfish indicates rising ocean water temperature.
    • Presence of jellyfish in the area indicates the reduction in the fish population.

    Fishing

    What are the concerns over the move?

    • Regulation is not sufficient: Merely restricting the purse seiner to fish on two days Monday and Thursday from 8 a.m. to 6 p.m. (in the Court order) is not sufficient without regulating the fishing methods used.
    • Insufficient catch for traditional fishermen: International legal efforts are gradually moving in the direction of abandoning the use of large-scale pelagic nets. The huge size of the purse seine nets (2,000 metres in length and 200 m in depth) allows maximum catch for the purse seiners, in turn leaving behind insufficient catch for traditional fishermen.
    • Efforts under TAC might face scientific uncertainty: TAC and the catch quotas are aimed at putting sustainable use into practice among fishermen and maintaining maximum sustainable yield (MSY). The efforts to implement TAC and catch quota might face scientific uncertainty relating to safe limits to ensure MSY.

    Way ahead

    • The Court’s final judgment needs to look into non-selective fishing methods by purse seiners resulting in the by-catch of other marine living species (which could include, many a times, endangered species) a potential ground for trade embargo.
    • The top court should seek guidance from the obligations arising from the multilateral and regional conventions which are meant to bring in sustainable fishing practices over a certain period of time, thereby allowing a common resource such as fish to be naturally replenished.

    Conclusion

    • Despite the best conservation measures and regulation of fishing methods adopted by the authorities, it will be a challenge in dealing with the limitless character of the seas which renders a common resource such as fish available for exploitation by all. The theory of Garrett Hardin, ‘The Tragedy of the Commons’, which says ‘Freedom in a commons brings ruin to all’ should convince all “fishermen, especially the purse seiners of Tamil Nadu, that they must cooperate in complying with conservation measures.

    Mains question

    Q. The Supreme Court of India has allowed purse seine fishing gear to be used for fishing beyond territorial waters. In this backdrop Discuss what is purse seine fishing gear its advantages and the concerns.

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  • Parliamentary Constituencies (PCs) and The Data Gap

    Central Idea

    • India’s parliamentary constituencies (PCs) serve a dual role as geographical and administrative policy units headed by democratically elected Members of Parliament (MPs), The PCs require timely and available data on critical issues related to population health and socioeconomic well-being. The lack of such data at the PC level hinders MPs from effectively engaging with their constituents to fulfil their needs and aspirations.

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    Parliamentary constituencies (PCs)

    • PCs are geographic areas or districts. Each parliamentary constituency is represented by a Member of Parliament (MP), who is elected by the people of that constituency in a general election.
    • The number of seats allocated to each state is based on its population
    • The MP is responsible for representing the interests and concerns of their constituents in the Parliament, and for taking up issues related to their development and well-being.

    Who generates data on parliamentary constituencies?

    • Election commission is the primary authority: In India, the Election Commission is responsible for providing timely data on PCs. The ECI works in collaboration with various government departments and agencies, as well as local authorities, to collect and verify data on demographics, geography, and other factors that are relevant to the delimitation of constituencies.
    • Periodic delimitation: The process of delimitation, which involves the division of each state into a certain number of constituencies based on population and other criteria, is carried out periodically by the ECI to ensure that representation in the Lok Sabha is fair and equitable.
    • Census and NFHS: In addition to the Election Commission, various government agencies and departments may also be involved in generating data related to PCs, such as the Census of India, NFHS and the Ministry of Home Affairs.

    Issue with timely and accessible data of the PCs

    • Lack of Data Availability at the PC Level: India’s 543 PCs require timely and readily available data on population health and socioeconomic well-being. At present, such data is lacking at the PC level.
    • Limitations of National Data Sharing and Accessibility Policy (NDAP): With the launch of the NDAP in 2012, the Government of India made an effort to make data related to population health and well-being more accessible. However, district-level data, which has emerged as a key input for policy deliberations, does not help the PC have the same data.
    • Inadequate Representation or overlap of PC Boundaries: The district and PC boundaries do not correspond straightforwardly with each other. The districts and PCs overlap, and a district can have parts of or an entirety of multiple PCs intersecting it.
    • For instance: Approximately, only 28 PCs have the same geometry as the districts, and in the remaining PCs, there are various ways in which districts intersect PCs.
    • Misrepresentation hinders MPs in fulfilling responsibilities in their respective PCs: This misrepresents the constituents’ size and composition and hinders MPs from fulfilling their responsibilities towards their constituents effectively.

    Importance of timely and updated district level data

    • Planning and resource allocation: Updated data on districts helps in better planning and allocation of resources, including financial and human resources.
    • For instance: if data shows that a particular district is facing a shortage of doctors, policymakers can allocate more resources to address the issue.
    • Effective implementation of policies: Timely and accurate data helps policymakers to design and implement policies that are better suited to the needs of specific districts.
    • For example: if data shows that a particular district has high levels of malnutrition, policymakers can design and implement a nutrition program that is tailored to that specific district.
    • Monitoring progress: Regularly updated data on districts helps in monitoring progress and assessing the effectiveness of policies and programs implemented in specific districts. If data shows that a particular policy is not producing the desired results, policymakers can make necessary changes or adjustments to the policy.
    • Identifying emerging issues: Timely data on districts can help in identifying emerging issues or challenges. Covid pandemic was good example of district level management of the crisis. This information can help policymakers to take prompt and appropriate action to mitigate the problem.

    What needs to be done?

    • Empowering MPs with Accurate Data:
    1. MPs must be empowered with accurate data that relates to the populations they have been elected to serve.
    2. MPs need to liaise with multiple district administrations effectively to function efficiently and independently.
    • District Coordination and Monitoring Committee:
    1. To improve the synergy between district administration and elected representatives, the Ministry of Rural Development issued an order in 2016 to all states and Union Territories to constitute a District Coordination and Monitoring Committee (DDMC), chaired by district MPs.
    2. The DDMC charged with making the implementation and monitoring of central schemes more efficient. However, the data still pertains to districts and not PCs.
    • Addressing the PC Data Gap with an Interactive PC Data Tracker:
    1. A new interactive PC data tracker developed by the Geographic Insights Lab at Harvard University has for the first time provided data on crucial population, health, and well-being estimates for each of the 543 PCs, including a fact sheet for each PC.
    2. The data underlying the PC dashboard comes from the NFHS-4 and NFHS-5 (2019-2021).
    3. The methodology powering the PC tracker provides a solution to the existing PC data gap.
    4. The tracker uses GPS coordinates to map existing NFHS survey clusters onto PC boundary maps, from which indicator prevalence estimates for each PC are estimated.

    Way Ahead

    • It is necessary to bridge the data gap at the PC level to enable MPs to serve their constituents efficiently and independently.
    • The new interactive PC data tracker is a useful tool for MPs to understand and prioritize the issues most impacting their communities.
    • A more durable solution would entail that all datasets related to population health and socioeconomic well-being be available at the PC level.

    Conclusion

    • In recent years, India’s elected officials have been engaged more extensively in articulating and shaping the policy agenda. Bringing timely and frequent data on issues that matter for population health and well-being to PCs can bring much symmetry and synergy between districts.

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