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  • Removing the Menopause taboo

    Menopause

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    Context

    • Recent announcement by the National Health Services (NHS) in the UK that menopausal women on their staff will be able to work out of the home should their symptoms require it, is about path-finding and working the middle ground in the workplace.
    • NHS chief Amanda Pritchard said that other employers should follow suit to help middle-aged women “thrive” at work and those “silently suffering” should not be expected to “grin and bear it.”

    Background: A menopausal taboo questions women’s potential?

    • The context opening up the conversation at least: If nothing, such a move has at least been a conversation starter about what has been so far a taboo in the workplace and a reason to hive off women than allow them ease of thriving.
    • Misconception that women may not work efficiently: Yet, just like pregnancy, the end of a woman’s reproductive cycle is seen as her losing energy, drive, desire, stamina, excitement and capability, in short, a cliff-jumping drop of her value in wisdom and experience.
    • On the contrary most women do best in this phase: Ironically, this phase, between the mid-40s to the mid-50s, is where you would find most women reaching the top, having battled biases of motherhood, leaving no questions unanswered on their competence and commitment.
    • Yet questions raised about her worth and never about her comfort: When a woman employee crosses the age bar, she has to prove her worth all over again. Is she as good, is she capable of thinking afresh, can she pull long hours? It is never about “is she comfortable?” Sadly, her body of work matters little.
    • Constant pressure on women to prove the worth forces to overlook themselves: And it is this constant pressure to feed expectations that forces even confident women to overwork themselves to stay relevant despite those painful bouts of endometriosis, heavy bleeding, hot flushes, insomnia, fatigue, anxiety, hypertension and palpitations. All of these are terribly debilitating but manageable with a little breathing space.

    What is menopause?

    • Menopause is a point in time 12 months after a woman’s last period.
    • Menopausal transition may commonly be referred to as “menopause,” true menopause doesn’t happen until one year after a woman’s final menstrual period.

    Menopause

    Menopausal transition

    • The years leading up to that point, when women may have changes in their monthly cycles, hot flashes, or other symptoms, are called the menopausal transition or perimenopause.
    • The menopausal transition most often begins between ages 45 and 55.
    • It usually lasts about seven years but can be as long as 14 years.The duration can depend on lifestyle factors such as smoking, age it begins, and race and ethnicity.
    • During perimenopause, the body’s production of estrogen and progesterone, two hormones made by the ovaries, varies greatly.
    • Estrogen is used by many parts of a woman’s body. As levels of estrogen decrease, one could have various symptoms. Many women experience mild symptoms that can be treated by lifestyle changes. Some women don’t require any treatment at all.

    Did you know?

    • According to the Harvard Medical School, a post-menopausal woman’s symptoms of a heart attack are “different from a man’s and she’s much more likely than a man to die within a year of having a heart attack.
    • Women also don’t seem to fare as well as men do after taking clot-busting drugs or undergoing certain heart-related medical procedures.”

    What are the signs and symptoms of menopause?

    • Change in your period: Women periods may no longer be regular. They may be shorter or last longer. Bleeding may be more or less than usual.
    • Hot flashes: Many women have hot flashes, which can last for many years after menopause. They may be related to changing estrogen levels. A hot flash is a sudden feeling of heat in the upper part or all of the body.
    • Disturbed Sleep: Around midlife, some women start having trouble getting a good night’s sleep.
    • Vaginal health and sexuality: After menopause, the vagina may become drier, which can make sexual intercourse uncomfortable. Women may find that the feelings about sex are changing.
    • Mood changes: Women might feel moodier or more irritable around the time of menopause. Scientists don’t know why this happens. It’s possible that stress, family changes such as growing children or aging parents, a history of depression, or feeling tired could be causing these mood changes.
    • Body features may alter: The body begins to use energy differently, fat cells change, and women may gain weight more easily. Women might have memory problems as well as joints and muscles could feel stiff and achy.

    Menopause

    How menopause affects Women health?

    • Severe and unexpected physiological challenges: As the hormone oestrogen dips, it pushes up bad cholesterol or LDL levels, raising their cardiac risk more than men. They even have higher concentrations of total cholesterol than men.
    • Psychological challenges: Strangely even women in the menopausal period are not concerned about their life risks as they get caught in the vanity trap and worry more about issues related to their body image, sexuality and self-esteem. Some rush into Menopausal Hormone Therapy (MHT), which is not quite the elixir of youth, and often has deadly side effects like uterine and breast cancer. These elevated risk factors, however, can be reduced if women were to be less stressed about tiring out their bodies to prove a point.

    The conversation over the menopause

    • In India: However, in India, where motherhood is seen as a major career impediment for women, menopause is a far cry, often bottled up in hushed conversations among women in the office loo.
    • Progressive step in UK: The UK Parliament commissioned a survey that showed how one in three women were missing work due to menopause.
    • Italy and Australia: Italy and Australia are debating about including menopause in work ethics norms.
    • EU parliament: Recently, the EU Parliament put out a statement, saying, “The failure to address menopause as a workplace issue is increasingly leading to insufficient protection of female workers and the early exit of women from labour markets, and thereby increasing the risk of women’s economic dependence, poverty and social exclusion, contributing to the loss of women’s knowledge, skills and experience, and leading to significant economic losses.”

    Menopause

    Conclusion

    • Considering that women will go through this biological phase at least for eight years in their work life, a little sensitivity to their concerns would matter more than a debate on whether they should be allowed extra benefits.

    Mains Question

    Q. What is menopausal transition? Menopause at work place often seen as taboo to talk, In this background, highlight the changes taking place.

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  • ‘Loss and Damages’ Fund Launched at the onset of COP28

    loss and damage

    On the first day of the COP28 climate conference in Dubai, a fund dedicated to assisting vulnerable nations in dealing with the effects of climate change was formally inaugurated.

    Loss and Damage: The climate change context

    • Climate change causes costly damage, including from climate-related natural disasters, such as tropical cyclones, and more gradual changes, such as desertification and rising sea levels.
    • Currently, because climate change is caused by greenhouse gases already in the atmosphere, rich industrialised countries are responsible for most of the emissions causing these phenomena.

     ‘Loss and Damages’ Fund: Inception of the idea

    • The idea of a “loss and damage” fund (LDF) was first floated in 1991.
    • Vanuatu, a low-lying island nation in the Pacific, suggested the creation of an insurance scheme, under the auspices of the UN, to help pay for the consequences of rising sea levels.
    • For thirty years such demands were left ignored at the UN.
    • But twelve months ago in Scotland, that country’s first minister promised £2m ($2.4m) to the cause.

    Why need LDF?

    • Poor countries often feel the effects first being the most vulnerable and incapable of self-mitigation.
    • They also include not only economic damage to property but also loss of livelihoods, and the destruction of biodiversity and sites that have cultural importance.
    • This broadens the scope for affected nations to claim compensation.
    • Hence loss and damage is sometimes called the “third pillar” of climate politicking, after mitigation (tackling the root cause of the problem by reducing emissions) and adaptation (preparing for current and future impacts).

    Immediate triggers for such action

    Ans. Pakistan Floods

    • Unusually heavy monsoon rains caused more than $30bn of damage and financial losses in Pakistan, equivalent to nearly 9% of the country’s GDP.
    • Natural climatic variations, notably an ocean-cooling phenomenon known as “La Niña,” were partly responsible.
    • But the rains were also made heavier by the effects of greenhouse gases.

    When will LDF be operational?

    • Further decisions have been left to a “transitional committee” that will make recommendations to enable the actual adoption of the fund at the next year COP to be held in UAE.

    Realistic picture of LDF

    • Some critical questions remain unaddressed –
    1. Who will manage this fund?
    2. Whether contributions are expected from large developing countries?
    3. What the fair share of contributors will be?

    Status of global consensus over LDF

    • During COP27, financial pledges for LDF came from multiple countries, including Austria, Belgium, Canada, France, Germany, and New Zealand, joining Denmark and Scotland, which had made pledges previously.

    How much fund is necessary?

    • The expected monetary compensation from the L&D fund is estimated to be nearly $500 billion and rising by $200 billion annually.
    • A global transformation to a low-carbon economy is expected to require investments of at least $4-6 trillion a year.
    • The global stocktake refers to a five-year appraisal by countries of the impact of their actions to curb climate change.

    How realistic is the establishment of LDF?

    • To some extent, all this is immaterial.
    • Few believe that an UN-sponsored “loss and damage” fund will ever transfer the hundreds of billions that would be needed to offset the damage done by climate change.
    • COP27 itself dropped several hints that money for loss and damage could be found in what is called a “mosaic” of sources in existing global, regional and national financial institutions.

    Way forward

    • Mitigation, adaptation and loss and damage are inextricably linked.
    • Faster, more ambitious decarbonization will reduce the bill for adaptation.
    • Better mitigation and adaptation will mean that less money has to be spent rebuilding after disasters.

    Conclusion

    • LDF is largely a first concrete step towards the institutionalization of climate finance.
    • Delivering such funding will require a swift and comprehensive transformation of the financial system.

  • Jallikattu Case: What right do you want to protect, Supreme Court asks petitioners

    jallikattu

    The Supreme Court has asked activists what they found wrong in Tamil Nadu’s Jallikattu law when it protects animals from “unnecessary pain” and sought to preserve the “culture and traditions” of the people in the State.

    What is the news?

    • The Prevention of Cruelty to Animals (TN Amendment) Act of 2017 and the Prevention of Cruelty to Animals (Conduct of Jallikattu) Rules of 2017 has recognised the culture and traditions of the people as a fundamental right.
    • The petitioners, said that a mere activity does not give a fundamental right status because of an assertion.
    • It referred to how practices like Sati, dowry, widow re-marriage, child marriage, etc. were once recognised as fundamental to our culture and stopped through legislation.

    What is Jallikattu?

    • It is a bull-taming sport and a disputed traditional event in which a bull such is released into a crowd of people.
    • Multiple human participants attempt to grab the large hump on the bull’s back with both arms and hang on to it while the bull attempts to escape.
    • Participants hold the hump for as long as possible, attempting to bring the bull to a stop. In some cases, participants must ride long enough to remove flags on the bull’s horns.
    • It is typically practised in the state of Tamil Nadu as a part of Pongal (harvest) celebrations in January.

    Issue with the sport

    An investigation by the Animal Welfare Board of India concluded that “Jallikattu is inherently cruel to animals”.

    • Human deaths: The event has caused several human deaths and injuries and there are several instances of fatalities to the bulls.
    • Manhandling of animals: Animal welfare concerns are related to the handling of the bulls before they are released and also during the competitor’s attempts to subdue the bull.
    • Cruelty to animal: Practices, before the bull is released, include prodding the bull with sharp sticks or scythes, extreme bending of the tail which can fracture the vertebrae, and biting of the bull’s tail.
    • Animal intoxication:  There are also reports of the bulls being forced to drink alcohol to disorient them, or chilli peppers being rubbed in their eyes to aggravate the bull.

    Arguments in favour

    • Native breed conservation: According to its protagonists, it is not a leisure sport available but a way to promote and preserve the native livestock.
    • Cultural significance: Jallikattu has been known to be practiced during the Tamil classical period (400-100 BCE) and finds mention in Sangam texts.
    • Man-animal relationship: Some believe that the sport also symbolizes a cordial man-animal relationship.

     

     

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  • Launching of the Digital Rupee Pilot Project

    rupee

    The Reserve Bank of India (RBI) has announced that the first pilot for the retail version of the digital Rupee (e₹-R) would be introduced on December 1, 2022.

    Where would be the pilot project launched?

    • The pilot will initially cover the four cities of Mumbai, New Delhi, Bengaluru, and Bhubaneswar, where customers and merchants will be able to use the digital rupee (e₹-R), or e-rupee.
    • Four banks will be involved in the controlled launch of the digital currency in these four cities: State Bank of India, ICICI Bank, Yes Bank, and IDFC First Bank.
    • The service will be subsequently extended to the cities of Ahmedabad, Gangtok, Guwahati, Hyderabad, Indore, Kochi, Lucknow, Patna, and Shimla.
    • Four more banks — Bank of Baroda, Union Bank of India, HDFC Bank, and Kotak Mahindra Bank — will join the pilot.

    What is Central Bank Digital Currency (CBDC)?

    • CBDC / Digital Rupee is a RBI bank-issued digital currency which is backed by some kind of assets in the form of either gold, currency reserves, bonds and other assets, recognised by the central banks as a monetary asset.
    • The present concept of CBDCs was directly inspired by Bitcoin, but a CBDC is different from virtual currency and cryptocurrency.
    • Cryptocurrencies are not issued by a state and lack the legal tender status declared by the government.

    What are the types of Digital Rupee?

    • Based on the usage and the functions performed by the digital rupee and considering the different levels of accessibility, CBDC can be demarcated into two broad categories:
    1. General purpose (retail) (CBDC-R): It is an electronic version of cash primarily meant for retail transactions. It will be potentially available for use by all — private sector, non-financial consumers and businesses — and can provide access to safe money for payment and settlement as it is a direct liability of the central bank.
    2. Wholesale (CBDC-W): It is designed for restricted access to select financial institutions. It has the potential to transform the settlement systems for financial transactions undertaken by banks in the government securities (G-Sec) segment, inter-bank market and capital market more efficiently and securely in terms of operational costs, use of collateral and liquidity management.

    What are the forms of CBDC?

    The central bank says e-rupee, or CBDC, can be structured as token-based or account-based.

    1. Token-based CBDC: It would be a bearer instrument like banknotes, meaning whosoever holds the tokens at a given point in time would be presumed to own them. In this, the person receiving a token will verify that his ownership of the token is genuine. It is viewed as a preferred mode for CBDC-R as it would be closer to physical cash.
    2. Account-based CBDC: It would require maintenance of record of balances and transactions of all holders of the CBDC and indicate the ownership of the monetary balances.  In this case, an intermediary will verify the identity of an account holder. This system can be considered for CBDC-W.

    What’s the model for issuance?

    • There are two models for issuance and management of CBDCs under the RBI’s consideration — direct model (single tier model) and indirect model (two-tier model).
    • Direct model: Here the central bank will be responsible for managing all aspects of the digital rupee system such as issuance, account-keeping and transaction verification.
    • Indirect model: It would be one where the central bank and other intermediaries (banks and any other service providers), each play their respective role. In this model, the central bank will issue CBDC to consumer’s indirectly through intermediaries and any claim by consumers will be managed by the intermediary.

     

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  • NITI Aayog launches CCUS policy framework

    niti

    The NITI Aayog has prepared a report on the policy framework for Carbon Capture Utilisation and Storage (CCUS).

    What is Carbon capture, utilization, and storage (CCUS)?

    • It is the process of capturing carbon dioxide emissions and either using them to make things such as building materials (utilization) or permanently storing those thousands of feet below the surface (storage).
    • Capturing carbon dioxide from industrial operations before it has a chance to enter the atmosphere helps reduce emissions, as does removing it directly from the air.
    • The carbon dioxide is then reused or sent through an injection well deep underground where it is locked away safely and permanently.
    • It’s a straightforward concept that takes infrastructure and policy considerations to implement, and Chevron is committed to making it work.

    Steps involved in CCUS

    • Capturing the carbon dioxide for storage: The CO2 is separated from other gases produced in industrial processes, such as those at coal and natural-gas-fired power generation plants or steel or cement factories.
    • Transport: The CO2 is then compressed and transported via pipelines, road transport or ships to a site for storage.
    • Storage: Finally, the CO2 is injected into rock formations deep underground for permanent storage.

    What has NITI Aayog identified?

    • CCUS has a critical role to play for the country to halve CO2 emissions by 2050.
    • Key challenge would be to reduce the cost of the mechanisms to implement the technology.
    • CCUS could enable the production of clean products while utilising rich endowments of coal, reducing imports and thus leading to a self-reliant India economy.
    • It has an important role to play in enabling sunrise sectors such as coal gasification and the nascent hydrogen economy in India.

    Key sectors identified for carbon utilization

    • Green urea: Green urea can be produced from the captured CO 2 and cost-competitive green hydrogen, from renewable energy-based electrolysis of water. Green urea can replace/complement the traditional LNG/NG-based production and import of ammonia and urea.
    • F&B applications: CO2 is utilized in F&B applications such as carbonated drinks, dry ice, and modified atmosphere packing; however, the scales are much lower compared to green urea.
    • Building materials (concrete and aggregates): There is a large market for aggregates and concrete in a developing country like India, providing a pathway for utilizing CO2 for producing building materials through concrete curing and aggregate formation. In these applications, CO2 is injected in a liquid state without any conversion, thus reducing the energy requirements.
    • Chemicals (methanol and ethanol): Conversion of CO2 to methanol and ethanol from CO2 is proven at a commercial scale in different parts of the world.

    Why such move?

    • India’s per capita CO2 emissions were about 1.9 tonnes per annum, which was less than 40% of the global average and about one-fourth of that of China.
    • India needs a sustainable solution for the decarbonization of sectors that contribute to 70% of emission.

    Why CCUS is important?

    • CCUS helps reduce the carbon intensity of industrial operations and is a critical component of meeting the global net-zero ambitions of the Paris Agreement.
    • In fact, the Intergovernmental Panel on Climate Change notes in its Global Warming of 1.5 °C report that achieving net-zero emissions by 2050 isn’t possible without ambitious mitigation action.

     

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  • What are in-camera proceedings, when are they conducted?

    The Supreme Court has rejected a plea by a rape case accused for an in-camera hearing.

    What are in-camera proceedings?

    • In-camera proceedings are private, unlike open court proceedings.
    • It is conducted as per the court’s discretion in sensitive matters to ensure protection and privacy of the parties involved.
    • The proceedings are usually held through video conferencing or in closed chambers, from which the public and press are excluded.
    • In an open court or open justice system, which is the usual course of proceedings, the press is allowed to report on the matter being heard.

    In-camera trial in rape cases

    • Section 327 of the Code of Criminal Procedure (CrPC) has detailed the types of cases that should be recorded on camera, including inquiry into and trial in rape case.
    • The said section states that if the presiding judge or a magistrate thinks fit, she can order at any stage of the proceedings that the public generally, or any particular person, shall not remain present in the courtroom or the court building.
    • The said provision says that the inquiry into and trial be held in camera for various offences punishable under section 376 (rape) of the IPC.
    • The law also prescribes that in such cases, the trial be conducted as far as possible by a woman judge or a magistrate.

    Other cases where in-camera proceedings are held

    • In-camera proceedings are usually conducted at family courts in cases of matrimonial disputes, including judicial separation, divorce proceedings, impotence, and more.
    • In-camera proceedings are also conducted during the deposition of witnesses of terrorist activities as per the court’s discretion, so as to protect them and maintain national security.

    What about publishing of such a hearing?

    • Section 327 of the CrPC states that it shall not be lawful to publish any matter in relation to in-camera proceedings except with the previous permission of the court.
    • It adds that the ban on publishing of trial proceedings for offence of rape may be lifted subject to maintaining confidentiality of name and address of the parties.

     

     

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  • Mauna Loa: Hawaii’s biggest Volcano set to erupt

    mauna

    Mauna Loa, the world’s largest active volcano has erupted after 38 years, spewing ash and debris, and covering the sky of Hawaii’s Big Island.

    Where is Mauna Loa?

    mauna

    • Mauna Loa is one of five volcanoes that together make up the Big Island of Hawaii (biggest being the Mauna Kea).
    • It is the southernmost island in the Hawaiian archipelago.
    • It’s not the tallest (that title goes to) but it’s the largest and makes up about half of the island’s land mass.
    • It sits immediately north of Kilauea volcano, which is currently erupting from its summit crater.

    Do you know?

    Any volcano that has erupted within the Holocene period (in the last 11,650 years) is considered to be “active” by scientists. “Dormant” volcanoes are those active volcanoes which are not in the process of erupting currently, but have the potential to do so in the future.

    Why do volcanoes erupt?

    • The deeper one goes under the surface of the Earth towards its core, the hotter it gets.
    • The geothermal gradient, the amount that the Earth’s temperature increases with depth, indicates heat flowing from the Earth’s warm interior to its surface.
    • At a certain depth, the heat is such that it melts rocks and creates what geologists call ‘magma’.
    • Magma is lighter than solid rock and hence it rises, collecting in magma chambers.
    • Chambers that have the potential to cause volcanic eruptions are found at a relatively shallow depth, between six to ten km under the surface.
    • As magma builds up in these chambers, it forces its way up through cracks and fissures in Earth’s crust. This is what we call a volcanic eruption.
    • The magma that surfaces on the Earth’s crust is referred to as lava.

    Why is the eruption of Mauna Loa so explosive?

    • Eruptions vary in intensity and explosiveness, depending on the composition of the magma.
    • In simple terms, runny magma makes for less explosive volcanic eruptions that typically are less dangerous.
    • Since the magma is runny, gasses are able to escape, leading to a steady but relatively gentle flow of lava out of the mouth of the volcano.
    • The eruption at Mauna Loa is of this kind. Since the lava flows out at a slow pace, people typically have enough time to move out of the way
    • . Geologists are also able to predict the flow of the lava depending on the incline and exact consistency it has.

    How is vulcanism measured?

    • The Volcanic Explosivity Index (VEI) is a scale used to measure the explosivity of a volcano.
    • It has a range of 1 to 8 with a higher VEI indicating more explosivity.
    • While the VEI of the current eruption at Mauna Loa is not known yet, the previous eruption in 1984 was deemed to have a VEI of 0.

     

    Also read about the Pacific Ring of Fire.

     

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  • Analyzing the approval of DMH-11

    DMH-11

    Context

    • Concerns regarding the recent recommendation for approval for the environmental release of genetically engineered (GE) mustard (“DMH-11 hybrid”) in India. The recommendation was made by the Genetic Engineering Appraisal Committee (GEAC).

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    What is Dhara Mustard hybrid (DMH-11)?

    • DMH-11 is a hybrid variant of mustard developed by researchers at The Centre for Genetic Manipulation of Crop Plants, at the University of Delhi.
    • It is a hybrid variant that was developed without transgenic technology.
    • DMH-11 is a result of a cross between two varieties: Varuna and Early Heera-2. Such a cross wouldn’t have happened naturally and was done after introducing genes from two soil bacterium called barnase and barstar.
    • The result is DMH-11 (where 11 refers to the number of generations after which desirable traits manifest) that not only has better yield but is also fertile. DMH-11 is a transgenic crop because it uses foreign genes from a different species.

    DMH-11

    What are the concerns?

    • Not sufficient consideration: The potentially harmful long-term ecological and economic consequences of releasing DMH-11 have not received sufficient consideration.
    • Details of trials not made public: Details of the mandatory trials to ensure food and environmental safety which is a prerequisite before environmental release have not been made public.
    • A long-term assessment is yet to be done: a detailed long-term assessment of the potential social and economic benefits of using DMH-11, vis-à-vis its potential drawbacks, remains to be made. Without minimizing the importance of the last two aspects, the present note is restricted to highlighting the first aspect.

    DMH-11

    Examining the central Feature of DMH-11 

    • Gene for herbicide resistance (HT): A central feature of DMH-11 is that it carries a gene for herbicide resistance (also termed herbicide tolerance or HT). This fact has not received appropriate consideration.
    • Negatives outcomes: The deployment of herbicide-resistant or HT crops has been accompanied by deleterious outcomes in several places including the US, Australia, and Canada (so-called developed countries) as well as Argentina (a developing country).
    • Consequences of herbicide resistant weeds: The most well-established harmful consequence has been the spread of herbicide-resistant weeds across large tracts of agricultural land, which can spell disaster for the normal crop.

    Critical and technical analysis of DMH-11

    • On the use of Basta herbicide: The developers of DMH-11 have stated in their food and environmental safety assessment submission of 2016 that “Although GE mustard hybrid DMH-11 contains the bar gene conferring resistance to the herbicide Basta (phosphinothricin), Basta herbicide is required to be used only by seed producer for hybrid seed production (and) farmers are not required to spray Basta in the hybrid GE DMH-11 for weed control”.
    • Certain conditions placed by GEAC for environmental release of DMH-11:
    • The GEAC in its recommendation made on October 18 for environmental release of DMH-11 has accepted this position and also placed certain conditions for environmental release.
    1. Usage only under control: Usage of any formulation of herbicide is recommended only under controlled and specified conditions exclusively for hybrid seed production.
    2. Requires necessary permission: Usage of any formulation of herbicide is not permitted for cultivation in the farmer’s field under any situation and such use would require the necessary permission as per procedures and protocols of safety assessment of insecticides/herbicides by CIB&RC (Central Insecticide Board and Registration Committee).”
    • Knowing the facts GEAC ignoring the reports: In other words, GEAC assumes that farmers will use DMH-11 without adding herbicideeven though they know that it carries a gene for herbicide resistance. It ignores the known fact that there have been numerous recent reports in the Indian media of the illegal use of unapproved herbicide-resistant crops, which has been brought to the notice of the government.
    • Registers usage on a crop-wise basis is not enough: GEAC has considered the possible use of herbicide with DMH-11 merely as a matter of herbicide usage and referred its approval to the CIB&RC, which registers usage of herbicides on a crop-wise basis. It is not enough for GEAC to merely refer it for chemical registration since the CIB&RC is not the competent body for recommending approval of GM crops.
    • HT technology is different from conventional herbicides:
    1. On multiple counts, HT technology is qualitatively different from the conventional use of herbicides.
    2. They include the levels of herbicide used, which is much higher than in conventional use; its effect on the crop which is engineered to be resistant to the herbicide and thereby to tolerate much higher levels of herbicide and its agro-ecological impact including on agricultural biodiversity and insect populations.
    3. The scope of issues connected to use of herbicide with a herbicide-resistant crop places it squarely within the purview of GM regulation (that is, GEAC).

    Remarks: Developers Intent may not define how it is likely to be used

    • Notwithstanding the statement of the developers and its implicit acceptance by GEAC, DMH-11 does meet the definition of an HT crop.
    • The answers to two questions show this. Is DMH-11 herbicide tolerant? Yes. Is it a crop? Yes.
    • The intent of the developer on how it is meant to be used does not determine how it is actually likely to be used, especially if that usage appears to confer obvious advantages.
    • HT technology involves the use of a herbicide in far higher amounts than conventional herbicide treatments, high enough to kill all weeds in the field, leaving only the engineered crop to grow. Thereby, it replaces all other weed control measures.

    Conclusion

    • HT may be effective for a few years. But basic evolutionary considerations, as well as experience in other countries, shows that it imposes strong selective pressure for resistant weeds to emerge. They invariably do so in the course of time and spread rapidly. HT offers short-term benefits at the cost of long-term sustainability. Long term assessment is necessary before clearing its way.

    Mains Question

    Q. GM mustard is often in the news recently. Discuss the advantages and raised concerns over the usage of this new hybrid variety.

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  • 29th Nov 2022 | Prelims Daily with Previous Year Questions

    29th Nov 2022 | Prelims Daily with Previous Year Questions

    [WpProQuiz 1174]

    [WpProQuiz_toplist 1174]

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  • [Burning issue] The tussle between Executive and Judiciary

    [Burning issue] The tussle between Executive and Judiciary

    Context

    • Recently, the Supreme court asked the Centre to produce in 24 hours the file related to the appointment of former bureaucrat Arun Goel as an EC so as to demonstrate how ECs are chosen.
    • In reply to it, Solicitor general (SG) Tushar Mehta urged the court not to traverse through a path that may disturb the constitutional scheme of separation of power.
    • The incident highlights the tussle between the two branches of the state- the executive and judiciary. This edition of the burning issue will analyse this issue in length.

    Previous incidences of the tussle

    • Fundamental Rights vs DPSP: The tussle between the judiciary and executive began when the judiciary defended the fundamental Rights in the Golak Nath Case,1967 against the supremacy of legislature (Parliament) established by the executive under the leadership of Mrs. Indira Gandhi, the Prime Minister of India.
    • Shield of “Basic Structure”: Mrs. Indira Gandhi in her next move got the three arbitrary constitutional Amendment Acts in 1971. The judiciary in response established the “Doctrine of Basic Structure‟ of the constitution through the Kesavanda Bharti case,1973.
    • Struck down of NJAC– The NJAC judgment was a crucial turning point leading to the present confrontation. No doubt, there always has been a certain amount of creative tension but NJAC judgment became the tipping point. 
    • Struck down of tribunal ordinance: Supreme Court struck down the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance of 2021
    • Displeasure over Delays in clearing recommendations of collegium: The Supreme Court expressed anguish over the delay by the Centre in clearing the names recommended by the Collegium for appointment as judges in the higher judiciary, saying it “effectively frustrates” the method of appointment.

    What does the constitution say about it?

    • Division of powers: The constitution of India divided the power and authority among three organs of government –executive, legislature and judiciary.
    • Article 50: The article puts an obligation on the State to separate the judiciary from the executive. But, since this falls under the Directive Principles of State Policy, it is not enforceable.
    • Article 123: The President, being the executive head of the country, is empowered to exercise legislative powers (Promulgate ordinances) in certain conditions.
    • Articles 121: No discussions shall take place in Parliament with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties except upon a motion for presenting an address to the President praying for the removal of the Judge as hereinafter provided.
    • Article 211: This provides that the legislatures cannot discuss the conduct of a judge of the Supreme Court or High Court. They can do so only in case of impeachment.
    • Article 361: The President and Governors enjoy immunity from court proceedings.
    • The doctrine of separation of powers: it is a part of the basic structure of the Constitution, although not specifically mentioned. It calls for the division of powers of the state among three organs to avoid the overpowering of any one organ.

    Reasons for the tussle

    • Wide range of powers: The power of the Indian Supreme Court is comparable to those of its United States counterpart, including broad original and appellate jurisdiction and the right to pass on the constitutionality of laws passed by the Parliament. In the exercise of its power, however, the court has been at the center of major two controversies concerning the constitutional and political order in India.
    • Court’s FR vs State’s DPSP: The efforts by the court to give priority to the Fundamental Rights provisions in the constitution in a case where they have come into conflict with the Directive Principles, especially the broad ideological and policy goals of the Indian state and to which the executive and legislature have often given priority
    • Power of judicial review: The court’s power of judicial review of legislation passed by Parliament, which has on numerous occasions led to stalemates that point to a constitutional contradiction between the principle of Parliamentary sovereignty and that of judicial review.
    • The Collegium system: The collegium system of appointment of judges is popularly referred to as judges selecting judges. The collegium system is the Supreme Court’s invention. There is no mention of the collegium system either in the original constitution of India or successive amendments. From 1950 to 1973, the practice has been to appoint the senior most judge of the Supreme Court as Chief Justice of India. But the appointment and transfer of judges in the Supreme Court and High Courts became a matter of controversy between the judiciary and executive in 1973.
    • Collegium System vs National Judicial Appointment Commission: The judiciary withheld the NJAC as unconstitutional and void. The Supreme Court objects to the inclusion of politicians in the NJAC particularly the two eminent members of the society. These eminent persons are to be nominated for a three-year term by a Selection Committee consisting of the Chief Justice, the Prime Minister and the leader of the opposition in the Lok Sabha, and are not eligible for re-nomination. The Court blamed if politicians are involved, what about judicial independence? Those against the NJAC argue that it will give the executive undue influence over the selection of judges.
    • The decline of Parliament: Due to the failure of the executive and legislature to provide a solution to problems of the citizenry, citizens move to court for remedies. In the process of providing justice to the citizens, the judiciary sometimes crosses its boundary which leads to its tussle with the executive.

    Consequences of the tussle

    • Creates an Environment of distrust: the tussle creates an environment of distrust between the branches, leading to reduced cooperation and stagnancy in the reform process. some blame games and grandstanding are thrown in to either hide their limitations or to proclaim their superiority.
    • The struggle of power: Both sides seem to be engaged in a game of tug of war where each wants something important, which is the power of judicial appointment to the higher judiciary. But what is surprising and difficult to understand is that both executive and judiciary believe in making appointments to the higher judiciary on merit which can contribute to the accountability and efficiency of the judiciary and yet there is no consensus between the two!
    • Ignorance of separation of powers: Many of them miss the principle of separation of functions enshrined in the Constitution, a basic tenet of the Constitution for maintaining harmonious inter-institutional balance, as well as the differences in their respective ecosystems.
    • A mismatch between expectations and realization: Several laws such as contract laws, environmental laws and even corporate laws are not fully in tune with the new aspirations. Interpretations of economic laws by the judiciary remain in a static mode. Even when they come late, they are at times not in tune with the direction the executive would like it to be. So, there is disenchantment with the judiciary. While some may be genuine, many of them are the result of the mismatch between expectations and realization.

    Way forward

    • Strike a balance, especially by the executive: Inter-institutional balancing, even with strong constitutional provisions, is a difficult task. While the three wings of the State (Legislature, Executive and Judiciary) have to work for maintaining that delicate balance, it is primarily the responsibility of the executive to strive extra hard for the same. Because the executive is the most visible organ of the State as it is the government for all practical purposes.
    • Improving overall governance system: There is also a lot of disenchantment with the executive on multiple aspects of day-to-day civic life. Further, it is well-known that the executive is the largest litigant, clogging the judicial system. These are the result of suboptimal governance from the side of the executive.
    • Human resource management and ensuring sufficient financial resources and operational freedom for all agencies are all functions of the executive branch, the government.
    • Respecting the boundaries of each: To break this sub-optimal governance trap and to enhance the performance of all wings and agencies, those in responsible positions need to take a deep breath, think aloud and come out with appropriate solutions; understanding and respecting the boundaries of each of the three wings of the State. Institutional solutions on weighty issues like inter-institutional balancing and efficiency enhancement require a balanced, institutionalized approach.

    Conclusion

    • The “tussle” between the executive/legislature and the judiciary is not a real one. On the other hand, a judiciary and executive on the same page is disastrous for constitutional government and human rights.
    • The problem is inbuilt into the institution. The executive has to ensure the judiciary that they have no intention of curbing their independence. Also, the judiciary should not be too touchy that every small little thing is a challenge to their independence. The tension between them is due to this confrontation.

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