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  • [Burning issue] Landfill fires and Their Management

    landfill

    Context

    • The towering Brahmapuram landfill in Kerala state is the country’s latest trash mountain to catch fire, causing dangerous heat and methane emissions.
    • Landfill fires are becoming common in India with multiple incidents being reported increasing on yearly basis. In this context, this edition of the burning issue will expand on this issue. The topic is relevant for the GS-3 under environmental issues and urbanization.

    What is the issue?

    • Firefighters in the southern Indian city of Kochi were toiling to control toxic fumes from spreading after a landfill burst into flames for 5 days cloaking the area in a thick haze and choking residents.
    • Authorities advised residents in the city of more than 600,000 to remain indoors or wear N95 face masks if they head outside. Schools were forced to close as a result of the pollution.
    • While the fire has been largely put out, a thick cloud of smoke and methane gas continues to cover the area, reducing visibility and the city’s air quality while emitting a lingering, pungent odor.
    • The matter even reached law corridors. Kerala High court also listed the case for hearing.

    Brief about landfills

    • Definition: A landfill is a site designated for the disposal of waste materials by burying them underground. The waste materials can include household and commercial garbage, industrial waste, and construction debris. Landfills are designed to contain waste and prevent it from contaminating the surrounding environment.
    • History: The history of landfills dates back thousands of years to ancient civilizations such as the Greeks and Romans who used open dumps to dispose of their waste. However, the modern landfill as we know it today began to emerge in the late 19th century when cities started to grow and produce more waste. At that time, waste was often dumped in rivers or burned in open pits, leading to pollution and health hazards.
    • Modern landfills: The first modern landfill was established in 1937 in Fresno, California, USA. It was a sanitary landfill designed to minimize the impact on the environment and protect public health. Since then, landfills have become the primary method of waste disposal in most developed countries, and their design and management have become more sophisticated to reduce their environmental impact.

    Some recent landfill fire incidents

    • Bhalswa landfill fire
    • Perungudi dump yard fire
    • Dadumajra landfill fire
    • Ghazipur landfill fire

    Waste generation in India

    landfill
    • Every year, 2.01 billion tonnes of municipal waste is generated. India produces 277 million tonnes of municipal solid waste every year, according to a 2016 estimate.
    • Waste accumulation in Delhi and Bangalore has risen dramatically, by 1,850% and 2,175%, respectively, between 1999 and 2016.
    • In India, 77% of waste is disposed of in open dumps, 18% is composted and just 5% is recycled.

    Landfills in India: The ‘Man Made Mountains”

    • Brahmapuram is just one of some 3,000 Indian landfills overflowing with decaying waste and emitting toxic gases. Most dumpsites are two to three decades old and currently receive 2,000 (Bhalswa) to 9,000 (Deonar) metric ton of solid waste daily.
    • Landfill fires are becoming a big challenge for India’s urban civic bodies. In late April 2022, fires broke out in landfills in Chennai, Delhi and Chandigarh. Since 2015, the number of landfill fires in metropolitan cities has surged across India.
    • Every Indian city has at least one man-made mountain where ‘waste’ generated in our homes and businesses ends up. About 90% of the staggering 150,000 metric ton of urban solid wastes generated every day make their way to such locations.
    • These toxic sites are the dark underbelly of India’s bustling, glittering cities and are home and workplace for tens of thousands of people.
    landfill

    Causes of landfill fire

    • Spontaneous Combustion: As organic waste decomposes, it generates heat, and if the temperature is not controlled, it can ignite the waste and start a fire.
    • Lack of modern technologies: Only a few areas on large landfills have new and advanced waste management technology (like waste-to-energy, composting and refuse-derived fuel systems).
    • Legacy dumps: remain problematic as the decomposition of decades-old mixed waste causes extreme water and air pollution.
    • Chemical Reactions: Some waste materials, such as batteries or chemicals, can react with other waste materials, generating heat or flammable gases that can ignite.
    • Landfill Gas Ignition: Landfill gas, which is produced by the decomposition of organic materials in the landfill, can be flammable and can ignite if exposed to a source of ignition such as a spark.
    • Arson: Unfortunately, some people intentionally set fires at landfill sites, either for personal gain or as an act of vandalism.
    • Electrical Faults: Electrical equipment used at landfill sites, such as machinery or lighting, can malfunction or short-circuit, causing a fire.

    Issues with Indian landfills

    • Unhygienic disposal: In India, more than 90% of the MSW generated finds its way to landfill sites, often in the most unhygienic manner possible. The landfilling process of the municipalities is the most unorganized one.
    • Large methane emission: India creates more methane from landfill sites than any other country, according to GHGSat, which monitors emissions via satellites. Methane is the second most abundant greenhouse gas after carbon dioxide — but it is a more potent contributor to the climate crisis because it traps more heat.
    • Not scientifically planned: In India, the meaning of landfilling process has changed to simply dumping the waste in areas outside the city without taking any kind of sanitary measures.
    • Causes environmental problems: The landfills are meant for reducing the exposure between humans and the environment from toxic waste but it takes a toll on humans as we are exposed to the problems associated with the waste directly i.e from the soil and groundwater pollution. There are concerns regarding the flow of toxins in the food chain of birds and animals, fires and explosions, vegetation damage, unpleasant odor, landfill settlement, groundwater pollution, air pollution and global warming.
    • The improper segregation: or lack of segregation facility at the waste generation site causes the accumulation of toxic waste mixture in landfills.
    • Most fatal for ragpickers: The disposal of these toxic chemicals leads to the exposure of rag pickers to these chemicals. The rag picker’s only means of income is by collecting waste but they are not aware of the fact that this waste will be toxic for them, their health as well as their surrounding.
    • Catches fire: The chaotic landfills act as a ticking bomb and could create havoc by catching fire anytime. The mountain of waste catches fire when it surmounts the saturation point and no longer withstands the heat due to the pilling up of waste.
    • Causes of health problems: The health problems related to various emissions from landfills include high PM10 exposure, breathing problems, bacterial infections, asthma, elevated cardiovascular risk, and other infections.
    • Source of diseases: In India scenario, open dumps are highly prevailing which causes the breeding of mosquitoes, flies, rats, cockroaches, and other pests. Some diseases are very common in the population living near the landfill site such as plague, histoplasmosis, murine typhus, malaria, dengue, West Nile fever, etc. as they are caused by the pests breeding in the landfills.

    Challenges faced while addressing the problem of MSW in India:

    • Lack of Funding to address the MSW problem
    • The communication gap between central and state government
    • Failure of waste-to-energy recovery
    • Implementation of rules and regulations
    • There is a prevalence of loopholes in the municipal corporations at every stage of waste management i.e from source to disposal
    • There is a lack of manpower and an insufficient number of professionals in the waste management technology field.
    • Lack of research and development for new technological practices

    Rules related to landfills

    • The Solid Waste Management Rules issued by the Ministry of Environment, Forest and Climate Change in 2016 state that only non-recyclable, non-biodegradable and non-combustible waste should go to a sanitary landfill.

    SWM Rules, 2016 mandates:

    • setting up solid waste processing facilities by all local bodies having a population of 1 lakh or more within two years.
    • census towns and local bodies with a population of less than 1 lakh have to set up a common or stand-alone sanitary landfill within three years. Also, common, or regional sanitary landfills will have to be set up by all local bodies and census towns with a population under 0.5 million within the timespan of three years.
    • bio‐remediation or capping of old and abandoned dumpsites within five years. Bio-remediation or capping involves treating organic waste and spreading the remaining waste uniformly, over the land. It is then covered with a geo-textile layer, a geo-membrane and one-metre of soil so that grass can be grown on it.
    • As per the new rules, the landfill site should be 100 metres away from a river, 200 metres from a pond, 500 metres away from highways, habitations, public parks and water supply wells and 20 km away from airports or airbases. The guidelines recommend that the construction of landfills on hills should be avoided.

    How to better manage landfills in India? Way forward

    • Dedicated solid waste management cell: Each city needs a dedicated solid waste management cell with appropriately qualified and trained professionals who come with varied backgrounds ranging from social work, science, engineering, and public health.
    • Waste management audits: Understanding the challenges in the implementation of SWM Rules are equally important, for the administration to take appropriate corrective actions.
    • Reduce Waste Generation: The most effective way to manage landfills is to reduce the amount of waste generated in the first place. This can be achieved through reducing, reusing, and recycling.
    • Separation of Waste: Separating waste at the source can help reduce the amount of organic waste that ends up in landfills, as organic waste can be composted instead. This separation can be achieved through education and awareness programs, as well as through the implementation of separate waste collection systems.
    • Landfill Design and Construction: Landfills should be designed and constructed to minimize their environmental impact. This includes lining the landfill with impermeable barriers to prevent leachate from contaminating the surrounding environment and installing systems to collect and control landfill gas.
    • Monitoring and Maintenance: Regular monitoring and maintenance of landfills are necessary to ensure that they are operating effectively and to identify and address any issues promptly.
    • Waste-to-Energy Technologies: Waste-to-energy technologies, such as incineration or gasification, can be used to convert waste into energy, reducing the amount of waste that ends up in landfills.
    • Education and Awareness Programs: Education and awareness programs can help to encourage individuals and businesses to adopt waste reduction and separation practices and promote responsible waste management.
    • Proper implementation of schemes: Initiatives such as the Jal Jivan Mission-Urban, Swacch Bharat Mission-Urban whose objectives include universal coverage of water supply and sanitation and waste management should be implemented properly.
    • The emerging ‘new waste economy’: focused on circular practices and resource recovery offers livelihood and entrepreneurial opportunities if waste sector workers are formally integrated into waste management services, as in the case of Ahmedabad, Bengaluru and Pune.

    Conclusion

    • Urban solid waste management must be reimagined to eliminate such toxic garbage mountains in the future and existing sites must be remediated. Indian cities from Bengaluru to Alappuzha are slowly shifting to decentralized solid waste management approaches with household and community-level waste segregation and resource recovery solutions being implemented successfully.
    • We need to understand, that we cannot get rid of waste or landfills until and unless we start source segregation, which is also one of the mandates and one of the first rules of solid waste management rules. A landfill will still be required but firstly, we need to build it in a scientific way and secondly, only inert waste should go to landfills. Even in the waste management pyramid, the top options are reusing and recycling. Landfills and waste-to-energy plants are the last options.

  • What is Bilkis Bano Case?

    bilkis bano

    The Supreme Court has indicated it will primarily focus on the question of Gujarat’s jurisdiction to prematurely release 11 men sentenced to life for the gang rape of Bilkis Bano and the murder of her family during the 2002 riots.

    Central idea

    • The Bilkis Bano case is a landmark case of gangrape and mass murder that occurred during the 2002 Gujarat riots in India.
    • Bilkis Bano, then a 21-year-old pregnant woman, was raped and her family members were murdered during the riots that followed the Godhra train burning incident.
    • The case was initially left unnoticed, but after persistent efforts by Bano and her supporters, the case was reopened and the perpetrators were brought to justice.

    Initial investigation and cover-up

    • No proper investigation: Despite the gravity of the crime, the initial investigation was not conducted properly.
    • Evidence tampered: The medical examination of Bano was conducted after several days, by which time crucial evidence had been lost.
    • No FIR registered: The police refused to file a First Information Report (FIR) initially, and when they did, they left out crucial details of the incident.

    Reopening of the case

    • Bano and her supporters continued to fight for justice, and in 2004, the case was transferred to the Central Bureau of Investigation (CBI) on the order of the Supreme Court.
    • The CBI conducted a thorough investigation and filed a charge sheet against 19 accused persons, including police officers and doctors who had tried to cover up the crime.
    • In 2008, the trial began in a Mumbai court.

    Conviction and sentencing

    • In 2017, after a long legal battle, a Mumbai court convicted 11 accused persons, including one police officer, for gang rape and murders.
    • The police officer, who was the main accused, was sentenced to life imprisonment, while the others were given seven years’ imprisonment.
    • The court also acquitted seven other accused persons due to lack of evidence.

    Key issue: Release of convicts

    • In February 2021, the Bombay High Court acquitted five of the convicted persons, citing lack of evidence.
    • The court also upheld the life imprisonment of the police officer and reduced the sentence of the other convicts to three years.
    • The convicts were released from prison after serving their sentence.

    What are the laws on remissions?

    • Prisoners are often granted remission of sentences and released on important occasions such as birth and death anniversaries of prominent leaders.
    • The President and the Governors have the power to pardon, suspend, remit, or commute a sentence passed by the courts under Articles 72 and 161 of the Constitution.
    • Under Section 432 of the Code of Criminal Procedure (CrPC), the state governments also have the power to remit sentences as prisons are a state subject.
    • However, the powers of remission of the state government are restricted by Section 433A of the CrPC.
    • It mandates a person serving a life imprisonment sentence for an offence where death is a punishment or where a death sentence has been commuted, cannot be released until they have served at least 14 years in prison.

    Critical reception of the judgement

    • Justice vindicated: Bano and her family members expressed disappointment with the decision of the court to acquit some of the convicts, and they plan to challenge the verdict in the Supreme Court.
    • Communal angle to the release: Bano has been a symbol of courage and determination for survivors of sexual violence in India, and her case has highlighted the need for justice and accountability for crimes committed during communal riots.

    Significance of the case

    • The Bilkis Bano case is significant as it highlights the issue of communal violence in India and the failure of the authorities to provide justice to the victims.
    • The case also underscores the need for the protection of the rights of women and minorities in India.
    • The long legal battle fought by Bano and her supporters shows that justice is possible, but it requires persistence, courage and the support of civil society.

     

     

  • India’s Support for Marine Protected Areas in Antarctica

    marine

    Central idea: India has pledged its continued support for the establishment of two Marine Protected Areas (MPAs) in Antarctica, with the aim of protecting marine life and the ecosystem services that it provides.

    What are Marine Protected Areas?

    • An MPA is a defined region that is managed for the long-term conservation of marine resources, ecosystem services, or cultural heritage.
    • They can be established in national and international waters to preserve the biodiversity of the marine environment.

    Criteria used for MPAs declaration

    The International Union for Conservation of Nature (IUCN) has developed a set of criteria for the identification and management of marine protected areas (MPAs). These criteria include:

    • Representativeness: MPAs should include a range of habitats, ecosystems, and species that are representative of the region.
    • Biological diversity: MPAs should conserve a wide range of biodiversity, including species, habitats, and genetic diversity.
    • Rarity: MPAs should protect rare, unique, or endemic species or habitats.
    • Productivity: MPAs should conserve areas of high productivity, such as spawning and nursery grounds.
    • Resilience: MPAs should protect ecosystems that are able to withstand disturbances and recover from damage.
    • Ecological processes: MPAs should conserve important ecological processes, such as nutrient cycling and migration patterns.
    • Connectivity: MPAs should be connected to other protected areas to allow for the movement of species and genetic material.
    • Cultural and social importance: MPAs should consider the cultural and social importance of the area to local communities.

    MPA in focus: Southern Ocean

    • The Southern Ocean, which encircles Antarctica, covers around 10 per cent of the global ocean and is home to nearly 10,000 unique polar species.
    • The ecosystem is an important source of marine resources, including fish and krill, which support commercial fisheries and provide a food source for larger animals.

    Threats to the Southern Ocean and its marine life

    marine

    • Climate change is affecting the Southern Ocean, altering habitats such as sea ice and the sheltered seafloor under ice shelves that are home to a variety of species.
    • Commercial fishing, particularly for krill (shrimp-like crustacean), is also threatening the ecosystem.

    Need for an MPA in Antarctica

    • The Southern Ocean needs protection to prevent the further impact of climate change and commercial exploitation.
    • A new MPA would help limit human activities, including fishing, mining, and drilling, and help conserve the region’s marine resources and unique biodiversity.

    Existing MPAs in the Southern Ocean

    • The Southern Ocean currently has two MPAs:
    1. In the southern shelf of the South Orkney Islands and
    2. In the Ross Sea
    • These MPAs protect only 5 percent of the ocean, with all types of fishing, other than scientific research, prohibited within the southern shelf of the South Orkney Islands MPA.

    Resistance to proposed MPAs  

    • Proposals to establish MPAs in East Antarctica, the Weddell Sea, and the waters surrounding the Antarctic Peninsula have been met with resistance by China and Russia.
    • The two countries have a different view than the rest of the members of the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR), which is an intergovernmental body set up in 1982 to conserve Antarctic marine life.

    India’s interest in the commercial exploitation of krill

    • India has expressed interest in commercial exploitation of krill in the region.
    • However, increased harvesting of krill threatens animals that feed on them, including fish, whales, seals, penguins, and other seabirds.

    Contribution of proposed MPAs to the United Nations 30×30 Framework

    • If the proposed MPAs take form in Antarctica, they will contribute to the United Nations 30×30 Framework, which aims to protect 30 percent of the world’s land and sea.
    • This agreement was reached at the 15th Conference of Parties to the Convention on Biological Diversity in 2022.

    Conclusion

    • Most countries have agreed in principle to establish MPAs in Antarctica, and it is expected to be discussed further at the next Antarctic Treaty Consultative Meeting.
    • The establishment of MPAs in Antarctica is crucial to preserving the region’s marine resources and unique biodiversity, and for contributing to the global

     

     

     

  • Mahila Samman Savings Certificate operationalized

    Finance Minister while presenting the Budget 2023 announced a new scheme for women, Mahila Samman Saving Certificate. This scheme has now been operationalized.

    Mahila Samman Saving Certificate

    • It is a one-time new small savings scheme of the government of India announced in the Budget 2023.
    • It will be made available for a two-year period up to March 2025.
    • This will offer deposit facility upto Rs 2 lakh in the name of women or girls for a tenure of 2 years.
    • The deposit facility will offer fixed interest rate of 7.5 per cent with a partial withdrawal option.

    Benefits offered

    • It is a suitable alternative to fixed deposits (FDs) invested in the name of a woman for the short term.
    • The returns are higher than bank FDs and partial withdrawal makes liquidity less of a concern.

    Other details

    • The Scheme will be rolled out through banks and post offices across the country.
    • The taxation structure is yet to be known and the scheme is expected to be available from April 1, 2023.

    How is it different from Sukanya Samriddhi Yojana?

    • SSY is a small deposit scheme of the government of India meant exclusively for a girl child. The scheme is meant to meet the education and marriage expenses of a girl child.
    • The current rate of interest offered by Sukanya Samriddhi Yojana is 7.6%, which is compounded annually.
    • Account can be opened in the name of a girl child till she attains the age of 10 years.
    • The total amount deposited in an account shall not exceed Rs 1,50,000 in a financial year.
    • Sukanya Samriddhi scheme has tax benefits under Section 80C.
    • The account matures after 21 years from the date of opening or on marriage of the girl child under whose name the account is opened, whichever is earlier.

     

     

  • 27th Mar 23 | Nikaalo Prelims- Mini Test 16 (ISRO and its Missions/ Important Submarines in News)

    27th Mar 23 | Nikaalo Prelims- Mini Test 16 (ISRO and its Missions/ Important Submarines in News)

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  • 27th Mar 23 | Prelims Daily with Previous Year Questions

    27th Mar 23 | Prelims Daily with Previous Year Questions

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  • Healthcare: Public Health and The Insurance Funding

    Central Idea

    • The Tamil Nadu public health model has achieved success in improving healthcare outcomes and maintaining equity in healthcare delivery. However, the shift in healthcare funding to insurance companies has brought both benefits and drawbacks to the public healthcare system.

    The key features of the Tamil Nadu public health model

    • Primary Healthcare: The Tamil Nadu public health model is based on a strong emphasis on primary healthcare, which is the first point of contact for patients seeking medical attention. Primary healthcare centres provide basic healthcare services and preventive care, which are critical to reducing the burden of disease.
    • Public Health Infrastructure: The state has a well-established public health infrastructure, including a network of primary healthcare centres, secondary and tertiary care hospitals, and medical colleges. The state government has also invested in health infrastructure, including sanitation facilities, water supply, and waste management.
    • Health Insurance: The Tamil Nadu government has implemented a comprehensive health insurance scheme, the Chief Minister’s Comprehensive Health Insurance Scheme (CMCHIS), which provides free healthcare services to families living below the poverty line and low-income groups.
    • Human Resource Development: The state government has also focused on developing human resources in healthcare. It has set up a large number of nursing and paramedical institutions to train healthcare professionals.
    • Health Awareness: The Tamil Nadu government has launched various health awareness campaigns to educate people about health issues, including communicable and non-communicable diseases. The government has also launched campaigns to promote healthy lifestyle choices, such as a balanced diet and regular exercise.
    • Partnership with NGOs: The government has partnered with non-governmental organizations (NGOs) to implement various health programs. These partnerships have helped in the effective delivery of healthcare services in remote and rural areas of the state.
    • Innovations: Tamil Nadu has implemented several innovative approaches in healthcare, such as telemedicine, which enables patients to receive medical consultation and treatment remotely using technology. The state has also established mobile clinics to provide healthcare services to people living in remote areas.

    Benefits of Decentralization

    • Improved access to healthcare: Decentralization can help to improve access to healthcare services, particularly in rural or remote areas. By empowering local communities and healthcare providers to make decisions about healthcare delivery, services can be tailored to meet the specific needs of the population.
    • Better quality of care: Decentralization can lead to better quality of care by enabling healthcare providers to respond more quickly and effectively to the needs of their patients. It can also promote innovation and experimentation in healthcare delivery, leading to new and improved approaches to patient care.
    • Increased accountability: Decentralization can increase accountability in healthcare delivery by empowering local communities and healthcare providers to monitor and evaluate the quality of care. This can help to identify and address problems in healthcare delivery, leading to improved outcomes for patients.
    • Cost savings: Decentralization can lead to cost savings in healthcare delivery by reducing the administrative costs associated with centralized decision-making and management. It can also promote greater efficiency in healthcare delivery, leading to reduced waste and duplication of services.

    Insurance Funding in healthcare

    • Insurance funding in healthcare refers to the use of insurance mechanisms to finance healthcare services. This involves pooling financial resources from individuals or groups through insurance schemes, which are then used to pay for healthcare services.
    • Insurance funding can help to mitigate the financial risks associated with healthcare, and ensure that individuals have access to the care they need without incurring excessive costs.

    Drawbacks of Insurance Funding

    • Shifted focus: The focus on indemnity and negotiations with insurance companies has shifted the focus of hospitals from patient care to claiming money.
    • Compromised quality of service: The appointment of contractual employees with meager pay has created a divide between permanent high-paid staff and temporary low-salaried staff, leading to a compromise in the quality of service.

    Facts for prelims

    Type of Insurance Funding Description
    Private health insurance Purchased by individuals or employers to cover healthcare costs. Coverage, cost, and benefits vary widely and may be offered by commercial insurers, nonprofit organizations, or government programs
    Public health insurance Provided by government-run programs, typically funded through taxes or other government revenues. Coverage is provided to eligible individuals based on criteria such as age, income, or medical need. Pradhan Mantri Jan Arogya Yojana (PMJAY) is a government-funded health insurance program that provides free health coverage to economically disadvantaged families across India.
    Social health insurance A hybrid model that combines elements of private and public insurance. Individuals and employers contribute to a national insurance fund that is used to pay for healthcare services, typically managed by a government agency but delivered by private providers
    Employer-sponsored insurance Private insurance provided by employers to their employees, often mandatory in many countries. Employers are required to provide a certain level of coverage to their employees.

    Conclusion

    • While insurance funding has brought benefits, it has also created challenges, including the erosion of compassion among health professionals and a diversion of funds from public to private hospitals. It is necessary to strike a balance between decentralization, insurance funding, and preserving the fundamental principles of equity, compassion, and excellence in care to maintain the success of Tamil Nadu’s public healthcare system.

    Mains Question

    Q. Highlight the benefits of decentralization in healthcare delivery. Analyse the benefits and drawbacks of insurance funding in India?

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  • Climate Change: Mission Adaptation A Comprehensive Measure

    Central Idea

    • The budget for 2023-24 in India includes some measures towards climate change mitigation, but adaptation has not been given adequate attention. The government needs to adopt a Mission Adaptation to create a supportive ecosystem for all entities to come together and work towards developing locally-sound adaptation solutions.

    Climate Change Mitigation Measures

    • Allocation for green transition: The budget for 2023-24 in India has allocated funds towards climate change mitigation, with a focus on green growth initiatives targeted at reducing the carbon intensity of the economy such as green mobility, energy efficiency, and the green hydrogen mission announcement.
    • Promoting nature based initiatives: Nature-based solutions such as the mangrove plantation initiative and the community-based wetland conservation scheme also promise to have potentially positive impacts in mitigating climate change.

    Lack of Attention to Climate Change Adaptation

    • Climate change is addressed indirectly: While climate change mitigation has received attention in the budget, climate change adaptation has been addressed only indirectly.
    • No measures towards enhancing resilience: The budget does not include measures towards enhancing the resilience of communities and habitations to climate change’s impact, despite India’s high vulnerability to climate change.
    • For instance: Measures to account for climate change-induced risks, such as the recent example of Joshimath, do not find explicit mention in the budget.

    Funding for Adaptation

    • Adaptation has traditionally received far less attention than mitigation in the global climate discourse, resulting in lower funding for adaptation.
    • In India, the ratio of funding for climate adaptation to mitigation stands at 1:10. While funding for mitigation is also underfunded, with only 25% of the requirement met, the gap for adaptation stands much higher, at only 7.9% of the needed funds.

    Challenges in Funding Adaptation

    • Adapting to climate change often requires highly local and nature-based solutions that do not have a classically-measured ROI. Consequently, mainstream, interest-seeking capital flowing into adaptation is scant.
    • Climate adaptation has largely remained a publicly-funded endeavor in India, with nearly 100% of the funding for adaptation coming from public sources. International funding has also remained scarce due to the skewed discourse on climate change.

    The Need for a Strategic Investment

    • Climate shocks are anticipated to get more frequent and severe, and in the absence of resilience-building for communities and habitations, the impact could be devastating.
    • The public sector must view resilience building as a strategic priority and actively address this matter.
    • Climate adaptation must come to be seen as a strategic investment by the public sector, which it must make in order to climate-proof lives, livelihoods, the environment, and the economy.

    Mission Adaptation

    • Mission Adaptation is a term used in the context of climate change and refers to the need for a strategic, proactive approach to building adaptive capacity in order to climate-proof lives, livelihoods, the environment and the economy.
    • It is a proposed initiative for creating a supportive ecosystem for all entities, including the private sector, non-profits, and civil society, to come together and work towards developing and scaling up locally-sound adaptation solutions in India.
    • The idea is to view climate adaptation as a strategic investment by the public sector and to bridge complex challenges faced by society today using the idea of public purpose to guide policy and business activity.

    Conclusion

    • Given the increasing frequency at which climate-related stress is occurring and is expected to occur, the public sector will remain a crucial contributor to funding for climate adaptation. The government must work towards developing a more systemic understanding of resilience and support efforts aimed at building such an understanding across the ecosystem to make Mission Adaptation a reality.
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  • Internet Shutdowns in India: A Growing Concern

    Central Idea

    • Earlier this month, the Punjab government suspended mobile internet and SMS services for more than four days as it launched an operation to arrest a pro-Khalistani preacher. This is not an isolated incident in India, with the country recording the highest number of internet shutdowns in the world.

    Internet shutdowns in the world

    • India has recorded the highest number of internet shutdowns in the world.
    • Such shutdowns are never or almost never implemented in most parts of Europe, North and South America, and Oceania, while they are rampant in Africa and Asia.

    State-wise Instances of Internet Shutdowns

    • Punjab: The Software Freedom Law Center has recorded eight such shutdowns in Punjab alone.
    • Southern states: Southern states, on the other hand, have only recorded six such shutdowns in the same period, with no instance of internet shutdown in Kerala.
    • Northern states: Jammu and Kashmir, Rajasthan, and Uttar Pradesh have recorded the highest number of internet shutdowns in India.

    Absence of Centralised Data

    • Absence of data: The Central government does not collate data on internet shutdowns imposed by state governments, which was strongly recommended by the Standing Committee on Communications and Information Technology.
    • Standing Committee on Communications and Information Technology: The Committee came down heavily on the use of internet shutdowns as a substitute for enforcing law and order and wanted the reasons, duration, decision of the competent authority and of the review committees to be noted for every internet shutdown, and for the information to be made public.

    Need for Internet Shutdowns

    • Civil unrest: Internet serves as a medium for the transmission of information through pictures, videos and text that have the potential to cause civil unrest and exacerbate the law and order.
    • Fake news: Shutdowns in order to block the flow of information about government actions or to end communication among activists and prevent the spread of rumors and fake news.
    • Rumors: Shutdown helps prevent the “spreading of rumors and misinformation using social media platforms which can hinder peace and law and order”.
    • Preventive Response: Cutting off the Internet is both an early and preventive response to block restive groups to organize riots against the Government.
    • National Interest: The Internet cannot be independent of national sovereignty. Therefore, the necessary regulation of the internet is a reasonable choice of sovereign countries based on national interests.

    Costs of Internet Shutdowns

    • Education: Shutdowns also impact education, as students and teachers are unable to access online learning materials and tools. This can lead to a disruption of education and a negative impact on academic performance.
    • For instance: A UN report noted that in Kashmir, long-standing restrictions on connectivity undermined the education of students relying on remote education,
    • Economy: Businesses that rely on the internet to operate may suffer significant financial losses during shutdowns. This is particularly true for online retailers, e-commerce platforms, and other digital service providers.
    • For instance: A 2018 paper estimated that India lost around $3 billion between 2012 and 2017 due to shutdowns.
    • Health: The internet plays a critical role in disseminating health information and enabling telemedicine. Shutdowns can make it difficult for people to access vital health information or receive medical care.
    • Communication: Internet shutdowns severely limit people’s ability to communicate with one another, both within the affected region and with the rest of the world. This can make it difficult to coordinate protests or other forms of social and political activism, as well as to stay in touch with friends and family members.
    • Human rights: Internet shutdowns violate people’s human rights, including freedom of expression and access to information. They can also hinder the ability of journalists and activists to report on human rights abuses.
    • Politics: Shutdowns can be used to suppress political opposition and prevent dissent. This is particularly true during elections or times of political unrest, where the government may seek to limit the spread of information that could be used against them.

    Mains Question

    Q. What are the reasons behind the high number of internet shutdowns in India also discuss socio economic impact of such shutdowns.

    Conclusion

    • Internet shutdowns in India are a growing concern, with a significant impact on education, healthcare, and the economy. However, the government has no mechanism to assess the socioeconomic impact of internet shutdowns. It is also important to consider the principle of proportionality and the socioeconomic impact of such shutdowns while enforcing law and order.
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  • Disqualification of a MP: Constitutional and Legal Issues

    Central Idea

    • The recent conviction and disqualification of Congress leader Rahul Gandhi have raised some important constitutional and legal issues, especially related to the disqualification of members of the legislature. The interpretation of Section 8 of the Representation of the People Act, 1951, and the role of the President in cases of disqualification is resurfaced again.

    Background of the case

    • The Congress leader during campaigning for the 2019 parliamentary polls had made a remark, “How come all the thieves have Modi as the common surname?”
    • On the basis of this remark, a criminal defamation case was filed against him in a surat court by a BJP MLA who had alleged that the congress leader while addressing a poll rally in 2019 in Karnataka defamed the entire Modi community with his remark.
    • The Surat court on Thursday convicted the Congress leader in a criminal defamation case and awarded him a two-year jail term.
    • On basis of this, the Congress leader has been disqualified from the Lok Sabha,. A notice issued by the Lok Sabha Secretariat said that he stood disqualified from the House from March 23, the day of his conviction.

    Disqualification under the Representation of the People Act (RPA), 1951

    • Grounds of disqualification: Section 8 of the RPA, 1951 specifies the various offenses, conviction for which entail the disqualification of a member of the legislature.
    • Clause (3): Clause (3) of this section says that a person convicted of any offense other than those mentioned in the other two clauses, and sentenced to not less than two years shall be disqualified from the date of conviction.
    • Exemption under clause (4): The clause (4) has exempted sitting members from instant disqualification for three months to enable them to appeal against the conviction.

    Role of the President in Disqualification

    • President has the authority: Article 103 of the Indian Constitution provides the President of India as the authority who decides that a sitting member has become subject to disqualification in all cases which come under Article 102(1).
    • President’s adjudicatory and declaratory functions: There are differences of opinion on the scope of Article 103, but the Supreme Court, in Consumer Education and Research Society vs Union of India (2009), upholds the position that the President performs adjudicatory and declaratory functions here.

    Flaws in the Judgment in Lily Thomas Case

    • Parliament cannot enact a temporary exemption: It says that Parliament cannot enact a temporary exemption in favor of sitting members of the Legislature.
    • Article 103 provides an exception: But Article 103 itself provides an exception in the case of sitting Members by stating that the disqualification of sitting Members shall be decided by the President.
    • Distinction between the candidates and sitting Members: The Constitution itself makes a distinction between the candidates and sitting Members. This was ignored by the judgment and the Court struck down the three months window given to the sitting members to enable them to appeal against their conviction.

    Defamation in India

    • What is Defamation: Defamation refers to the act of publication of defamatory content that lowers the reputation of an individual or an entity when observed through the perspective of an ordinary man. Defamation in India is both a civil and a criminal offence.
    • The Laws which Deal with Defamation: Sections 499 and 500 of IPC: Sections 499 and 500 in the IPC deal with criminal defamation. While the former defines the offence of defamation, the latter defines the punishment for it.

    Facts for prelims: Lily Thomas Verdict

    • The Lily Thomas verdict was a landmark judgment delivered by the Supreme Court of India in 2013.
    • The verdict struck down a provision in the Representation of the People Act (RPA), which allowed convicted lawmakers to continue in office if they filed an appeal within three months of their conviction.
    • The provision, which was part of Section 8(4) of the RPA, had been criticized for allowing convicted politicians to continue to hold public office while their appeals were pending in higher courts, and for contributing to the criminalization of politics in India.
    • The verdict was seen as a major step towards cleaning up Indian politics and ensuring that convicted criminals do not get to occupy public offices.

    Conclusion

    • The recent conviction and disqualification of Congress leader Rahul Gandhi have raised important constitutional and legal issues related to the disqualification of members of the legislature. While the issues relating to the disqualification of Rahul Gandhi will be dealt with by the appellate courts, the legal and constitutional issues raised by this case need to be examined carefully
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  • [Sansad TV] Perspective: New Law for CBI

    [Sansad TV] Perspective: New Law for CBI

    Context

    • Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice has recommended that there is a need to enact a new law and define the status, functions and powers of the CBI (Central Bureau of Investigation).

    Issues highlighted by the committee

    • Impartial working: It emphasized about laying down safeguards to ensure objectivity and impartiality in its functioning.
    • Working at the behest of states: Highlighting withdrawal of general consent for CBI probe by many states, parliamentary committee in its report has said that the existing law – Delhi Special Police Establishment Act governing the federal probe agency has many limitations.
    • Filling up vacancies: The Parliamentary panel also said that every effort should be made to fill up vacancies in CBI at the earliest. 1,709 posts are vacant in the CBI against its sanctioned strength of 7,295.
    • Lack of permanent staff: CBI needs to reduce its dependence on deputations and strive to recruit permanent staff in the ranks of inspector of police and deputy superintendent of police.
    • No data on cases registered: Details of cases registered with the CBI, the progress made in their investigation and the final outcome are not available in public domain.

    All these issues can be easily sorted by a proper and separate legislation (since CBI is governed by the Delhi Special Police Establishment Act).

    cbi

    CBI: A quick backgrounder

    • The CBI traces its origins to the Delhi Special Police Establishment, a Central Government Police force, which was set up in 1941 by the Government of India.
    • It then aimed to investigate bribery and corruption in transactions within the War and Supply Department of India.
    • It then had its headquarters in Lahore.
    • After the end of the war, there was a continued need for a central governmental agency to investigate bribery and corruption by central-government employees.
    • The DSPE acquired its popular current name, CBI, through a Home Ministry resolution dated in 1963.

    Mandate of the CBI

    • The CBI is the main investigating agency of the GoI.
    • It is not a statutory body; it derives its powers from the Delhi Special Police Establishment Act, 1946.
    • Its important role is to prevent corruption and maintain integrity in administration.
    • It works under the supervision of the CVC (Central Vigilance Commission) in matters pertaining to the Prevention of Corruption Act, 1988.
    • The CBI is also India’s official representative with the INTERPOL.

    Cases to investigate

    • Cases connected to infringement of economic and fiscal laws
    • Crimes of a serious nature that have national and international ramifications
    • Coordination with the activities of the various state police forces and anti-corruption agencies.
    • It can also take up any case of public importance and investigate it
    • Maintaining crime statistics and disseminating criminal information.

    Why need CBI when we have state police?

    • Cases of national importance: If the case is of national importance or has inter-state ramifications, it is necessary for a central agency like the CBI to take charge.
    • Special powers and expertise: Another reason could be that the state police might not have the required expertise, resources, or independence to handle the case.
    • Credible policing: In such cases, the CBI, being an independent investigating agency, can bring more credibility and transparency to the investigation.
    • Fair investigation: Some cases may involve high-ranking government officials, politicians, or influential individuals, and referring the case to the CBI can help avoid conflicts of interest and ensure a fair investigation.

    Issues with CBI

    • Caged parrot: The Supreme Court has criticised the CBI by calling it a “caged parrot speaking in its master’s voice”.
    • Political interference: It has often been used by the government of the day to cover up wrongdoing, keep coalition allies in line and political opponents at bay.
    • Investigation delay: It has been accused of enormous delays in concluding investigations due to political inertia.
    • Loss of Credibility: CBI has been criticised for its mismanagement of several cases involving prominent politicians and mishandling of several sensitive cases like the Bofors scandal, the Bhopal gas tragedy.
    • Lack of Accountability: CBI is exempted from the provisions of the Right to Information Act, thus, lacking public accountability.
    • Acute shortage of personnel: A major cause of the shortfall is the government’s sheer mismanagement of CBI’s workforce.
    • Limited Powers: The powers and jurisdiction of members of the CBI for investigation are subject to the consent of the State Govt., thus limiting the extent of investigation by CBI.
    • Restricted Access: Prior approval of Central Government to conduct inquiry or investigation on the employees of the Central Government is a big obstacle in combating corruption at higher levels of bureaucracy.

    Way Forward

    • Need for autonomy:   As long as the government of the day has the power to transfer and post officials of its choice in the CBI, the investigating agency will not enjoy autonomy and will be unable to investigate cases freely.
    • Selection of director/ Officers: To ensure that the CBI is a robust, independent and credible investigation agency, there is an urgent need to work out a much more transparent mechanism for selection and induction of officers on deputation.
    • Lokpal scrutiny: The Lokpal Act already calls for a three-member committee made up of the PM, the leader of the opposition and the CJI to select the director.
    • Bifurcation of Cadre: CBI should be bifurcated into an Anti-Corruption Body and a National Crime Bureau.
    • Develop its own cadre: One of the demands that have been before the Supreme Court, and in line with international best practices, is for the CBI to develop its own dedicated cadre of officers.
    • Annual social audit should be carried out by ten reputed, knowledgeable persons with backgrounds in law, justice, public affairs and administration and the audit report should be placed before the parliament.

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  • Understanding IMF Bailouts and their drawbacks

    imf

    Central idea: The International Monetary Fund (IMF) last week confirmed a $3 billion bailout plan for Sri Lanka’s struggling economy. However, Pakistan failed to get a penny. Countries seek help from the IMF usually when their economies face a major macroeconomic risk, mostly in the form of a currency crisis.

    International Monetary Fund (IMF)

    • IMF is an international organization that provides loans, technical assistance, and policy advice to its member countries.
    • It was established in 1944 with the goal of promoting international monetary cooperation and exchange rate stability, facilitating balanced economic growth, and reducing poverty around the world.
    • It has 190 member countries, and its headquarters is located in Washington, D.C.
    • Its main function is to provide financial assistance to countries facing economic difficulties, such as the balance of payments problems, currency crises, and high levels of debt.
    • It also provides technical assistance and policy advice to help countries improve their economic policies and institutions, and to promote economic stability and growth.

    Governing of IMF

    • The IMF is governed by its Board of Governors, which consists of one governor and one alternate governor from each member country.
    • The day-to-day operations of the IMF are managed by its Executive Board, which is responsible for making decisions on financial assistance and policy advice.

     

    What is an IMF Bailout?

    • An IMF bailout, also known as an IMF program, is a loan package provided by the International Monetary Fund (IMF) to financially troubled countries.
    • These loan packages come with specific terms and conditions that the borrowing country must meet to access the funds.
    • They typically have a set of conditions that a country must meet to qualify for the loan package.
    • These conditions, also known as “conditionalities,” typically include measures that promote fiscal discipline, monetary stability, and structural reforms to improve the country’s economic competitiveness.

    IMF programs are often seen as a last resort for countries facing financial crises, and they are only granted if a country cannot access capital markets on its own. IMF programs can be classified into three main types:

    1. Stand-by Arrangements: They are short-term lending programs designed to provide financial assistance to countries experiencing short-term balance of payments problems. These programs typically last for one to two years and require countries to implement specific macroeconomic policies to stabilize their economies.
    2. Extended Fund Facility: Such programs are medium-term lending programs designed to help countries with balance of payments difficulties resulting from structural weaknesses. These programs are typically longer-term and come with more extensive policy conditionality, which requires more significant structural reforms to the country’s economy.
    3. Rapid Financing Instrument: It is a loan program designed to provide quick financing to countries facing an urgent balance of payments need. The program is designed to be more flexible than other IMF programs, with fewer conditions and a shorter application process.

    Why do countries seek IMF bailouts?

    • Countries need IMF bailout when their economies face major macroeconomic risks, such as a currency crisis, due to gross mismanagement of the nation’s currency by the central bank under the covert influence of the ruling government.
    • Such currency crises cause a rapid rise in the overall money supply, which causes prices to rise across the economy and the exchange value of the currency to drop.
    • Bad luck such as a decrease in foreign tourists can also contribute to a crisis in a country like Sri Lanka.

    Benefits provided by IMF bailout:

    IMF programs provide several benefits to countries in financial distress. For instance:

    • Access to funding: An IMF bailout provides immediate funding to a country experiencing a financial crisis, allowing it to meet its immediate financial obligations.
    • Credibility push: A bailout can provide credibility to a country’s economic policies, signalling to international investors that the country is taking the necessary steps to restore its economy.
    • Assistance with structural reforms: IMF programs require countries to implement structural reforms that can help address the underlying problems that led to the financial crisis, improving the country’s long-term economic prospects.

    Limitations of an IMF bailout

    • Harsh austerity measures: IMF programs often require countries to implement strict economic policies, which can be unpopular and difficult to implement.
    • Limited resources: The IMF has limited resources, which can limit the amount of assistance it can provide to countries in need.
    • Stigmatization: Bailout can stigmatize a country in the eyes of international investors, signaling that the country is unable to manage its own economy without outside assistance.

    Try this PYQ from CSP 2022

    “Rapid Financing Instrument” and “Rapid Credit Facility” are related to the provisions of lending by which one of the following?

    (a) Asian Development Bank

    (b) International Monetary Fund

    (c) United National Environment Programme Finance Initiative

    (d) Word Bank

     

    Post your answers here.

     

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  • AFSPA further reduced in Assam, Manipur and Nagaland: MHA

    afspa

     

    Central idea: Home Minister recently announced the decision to reduce the Disturbed Areas under the Armed Forces (Special Powers) Act (AFSPA) in Nagaland, Assam, and Manipur.

    Reason for the decision

    • Improved security: The decision was taken due to a significant improvement in the security situation in Northeast India.
    • Decrease in Violence: The prevalence of insurgencies in almost all states in the Northeast may arguably have necessitated the imposition of AFSPA in the past. Statistics suggest that violence in the region has been on the decline. The MHA cited a reduction of 76% in extremist incidents, 90% decrease in deaths of security personnel and a 97% decrease in civilian deaths since 2014.
    • Negotiations with Rebel Groups: The government has negotiated peace with rebel groups in the region, including NSCN-IM, Ulfa, Bodo, and Dimasa groups, with some success.
    • Peace accords: The Mizo rebels, who signed a peace accord in 1986, joined electoral politics and won office. The Tripura government successfully negotiated with the insurgency and got AFSPA removed in 2015. The government must continue to engage with rebel groups to maintain peace in the region.

    What is Armed Forces (Special Powers) Act, 1958?

    • Armed Forces Special Powers Act, to put it simply, gives armed forces the power to maintain public order in “disturbed areas.”
    • AFSPA gives armed forces the authority use force or even open fire after giving due warning if they feel a person is in contravention of the law.
    • The Act further provides that if “reasonable suspicion exists”, the armed forces can also arrest a person without a warrant; enter or search premises without a warrant; and ban the possession of firearms.

    A Backgrounder

    • The AFSPA, 1958 came into force in the context of insurgency in the North-eastern States decades ago.
    • It provides “special power” to the Armed Forces applies to the Army, the Air Force and the Central Paramilitary forces etc.
    • It has been long contested debate whether the “special powers” granted under AFSPA gives total immunity to the armed forces for any action taken by them.

    What are the Special Powers?

    • Power to use force: including opening fire, even to the extent of causing death if prohibitory orders banning assembly of five or more persons or carrying arms and weapons, etc are in force in the disturbed area;
    • Power to destroy structures: used as hide-outs, training camps, or as a place from which attacks are or likely to be launched, etc;
    • Power to arrest: without warrant and to use force for the purpose;
    • Power to enter and search premises: without a warrant to make arrest or recovery of hostages, arms and ammunition and stolen property etc.

    Who can declare/notify such areas?

    • The Central Government or the Governor of the State or administrator of the Union Territory can declare the whole or part of the State or Union Territory as a disturbed area.

    Issues with AFSPA

    • Power to kill: Section 4 of the Act granted officers the authority to “take any action” even to the extent to cause the death.
    • Misconduct by Armed Forces: The issue of violation of human rights by actions of armed forces came under the consideration of the Committee on Amendments to Criminal Law (popularly known as Justice Verma Committee) set up in 2012. It observed that- in conflict zones, legal protection for women was neglected.
    • Autocracy: The reality is that there is no evidence of any action being taken against any officer of the armed forces or paramilitary forces for their excesses.

    Recommendations to repeal AFSPA

    • Justice B.P. Jeevan Reddy Commission: The 2004 Committee headed by Justice B.P. Jeevan Reddy, the content of which has never officially been revealed by the Government, recommended that AFSPA be repealed.
    • ARC II: The Administrative Reforms Commission in its 5th Report on ‘Public Order’ had also recommended that AFSPA be repealed.

    Voices for repeal

    • Human rights violations: The repeal of AFSPA is necessary not just for restoring constitutional sanity, but also as a way of acknowledging the dark history of our conduct in Nagaland.
    • Need for ensuring individual dignity: The political incorporation of Nagaland (and all other areas where this law applies) will be set back if the guarantees of the individual dignity of the Indian Constitution are not extended.
    • Not state of exception: We often describe AFSPA in terms of a “state of exception”. But this theoretical term is misleading. How can a law that has been in virtually continuous existence since 1958 be described as an “exception”.
    • Lack of human empathy: At the heart of AFSPA is a profound mutilation of human empathy.

    Conclusion

    • To bring in lasting peace in the North East, the government needs to avoid the trap of watered-down peace accords.
    • While the move to withdraw AFSPA is welcome, it needs to be gradually erased.
    • For that, changes in the ground situation would be crucial. Mere smoke signals or drum-beating can never do the job.

     

     

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  • What is Biotransformation Technology?

    bio

    Central idea: The article highlights the issue of plastic waste generated by e-commerce giant Amazon and the need for a biotransformation technology that can make plastics biodegradable and its potential applications in reducing plastic waste in various industries.

    Amazon’s Plastic Waste Problem

    • Amazon generated 321 million kilograms (709 million pounds) of plastic from packaging waste in 2021.
    • The amount of plastic waste generated by Amazon in 2021 is enough to circle the Earth over 800 times as air pillows.

    What is Biotransformation Technology?

    • Biotransformation technology is a novel approach to ensure plastics that escape refuse streams are processed efficiently and broken down.
    • The technology was co-developed by Polymateria and the Imperial College in London, UK.
    • Plastics made using this technology are given a pre-programmed time during which the manufactured material looks and feels like conventional plastics without compromising on quality.
    • Once the product expires and is exposed to the external environment, it self-destructs and biotransforms into bioavailable wax, which is then consumed by microorganisms, converting waste into water, CO2, and biomass.
    • The technology is the world’s first that ensures polyolefins fully biodegrade in an open environment without causing any microplastics.

    bio

    Need for Biotransformation Technology

    • India generates 3.5 billion kgs of plastic waste annually, and a third of it comes from packaging waste.
    • In 2019, plastic packaging waste from e-commerce firms was estimated at over a billion kilograms worldwide.
    • Amazon generated nearly 210 million kgs (465 million pounds) of plastic from packaging waste in 2019.
    • Up to 10 million kgs (22.44 million pounds) of Amazon’s plastic packaging ended up in the world’s freshwater and marine ecosystems as pollution in 2019.

    Application of this technology

    • The food packaging and healthcare industries are the two prime sectors that could use this technology to reduce waste.
    • The increase in cost is relatively small compared to conventional plastic which does not contain this technology.
    • Some well-known Indian firms in the food and packaging industries deploy such technologies.
    • Within healthcare and pharma industries, this technology provides biodegradable solutions for non-woven hygiene products like diapers, sanitary napkins, facial pads, etc.

    India’s initiatives to tackle plastic pollution

    • Phased elimination: The Indian government launched a plastic waste management gazette to help tackle the ever-growing plastic pollution caused by single-use plastics. The government imposed a ban on single-use plastics last year to bring a stop to its use in the country.
    • National Dashboard on Elimination of Single-Use Plastic and Plastic Waste Management: It brings all stakeholders together to track the progress made in eliminating single-use plastic and effectively managing such waste.
    • Extended Producer Responsibility (EPR) portal: It helps in improving accountability traceability, and facilitating ease of compliance reporting in relation to EPR obligations of the producers, importers, and brand-owners.
    • Lifecycle monitoring: India has developed a mobile app to report single-use plastics grievances to check the sale, usage, or manufacturing of single-use plastics in their area.

    Alternatives to Reducing Plastic Waste

    • A switch to jute or paper-based packaging could potentially cut down plastic waste.
    • Wooden packaging is yet another alternative, but that will make the packaging bulkier and increase the cost.
    • The alternatives can be made using coir, bagasse, rice and wheat bran, plant and agricultural residue, banana and areca leaves.

     

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  • What is Patent Evergreening?

    patent

    Central idea: Patent Evergreening

    • Indian Patent Office rejects Johnson & Johnson’s attempt to extend monopoly on manufacturing Bedaquiline in India beyond July 2023.
    • This is a victory for patients fighting for wider access to crucial anti-tuberculosis drug Bedaquiline.
    • Expired primary patents pave the way for generic drug manufacturers to produce Bedaquiline, thus ensuring cheaper and wider access to the drug.

    Significance of the move

    • The drug has been shown to have a high success rate in treating MDR-TB, and is considered to be a significant breakthrough in the fight against this disease.
    • However, the high cost of the drug has made it difficult for many patients to access it, particularly in developing countries.

    What is Bedaquiline?

    • Bedaquiline is a drug that is primarily used in the treatment of multidrug-resistant tuberculosis (MDR-TB).
    • MDR-TB is a serious public health threat, particularly in countries with high TB burdens, as treatment options for this condition are limited and often ineffective.
    • It was developed by Janssen Pharmaceuticals, a subsidiary of Johnson & Johnson. Bedaquiline.
    • It is an antibiotic that works by inhibiting ATP synthase, which is a key enzyme involved in the energy production of TB bacteria.
    • Bedaquiline is typically administered in combination with other drugs for a period of six months.

     

    Implications

    • India and the US has often been at the crossheads due to Section 3(d) of Patents Act that allows for “generic competition by patenting only novel and genuine inventions.”
    • US always accuses India as one of the most challenging major economies as far as IP protection and enforcement is concerned.

    Indian Patent Regime: A Backgrounder

    • Indian patents are governed by the Indian Patent Act of 1970.
    • India has gradually aligned itself with international regimes pertaining to intellectual property rights.
    • It became a party to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement following its membership to the World Trade Organisation on January 1, 1995.
    • The interesting point is that the original Indian Patents Act did not grant patent protection to pharmaceutical products to ensure that medicines were available at a low price.
    • Patent protection of pharmaceuticals was re-introduced after the 2005 amendment to comply with TRIPS.

    What is Patents Evergreening?

    • One of the main points of contention between India and the US has been Article 3(d) of the Indian Patent Act.
    • Section 3 deals with what does not qualifyas an invention under the Act, and Section 3(d) in particular excludes the mere discovery of a new form of a known substance.
    • Section 3(d) prevents the mere discovery of any new property or new use for a known substance from being patented as an invention unless it enhances the efficacy of the substance repetitive.
    • This prevents, what is known as “Evergreening” of patents.
    • According to the Committee’s report, Section 3(d) allows for “generic competition by patenting only novel and genuine inventions.”

    Conclusion

    • The gravity of public health problems affecting developing and least developed nations must be recognized by developed nations such as the US.
    • Though intellectual property protection is important for the development of new medicines but the right to protect public health and, in particular, to promote access to medicines for all is far more important.
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  • Explained: Interest Rate Risks

    interest

    Central idea: Finance Minister urged banks to remain vigilant about “interest rate risks” and undertake regular stress tests during a review of public sector banks’ (PSBs) performance on March 25.

    Why in news?

    • Inflation-led rising interest rates across the world have caused concerns of contagion effects from banking crises in the US and Europe.

    What is Interest Rate Risk?

    • Interest rate risk refers to the possibility that a loss could happen as a result of a fluctuation in interest rates.
    • A bond’s or another fixed-income security’s value will decrease if the rate rises.
    • Interest rate movement typically has an inverse relationship with the market value of fixed-income assets.
    • In general, the values of currently issued fixed income instruments decrease when interest rates rise and rise when interest rates decrease.

    How does it affect banks?

    Interest rate risk affects banks in several ways-

    1. Interest yields: Banks earn interest income by lending out funds to borrowers at a higher rate than the cost of borrowing those funds. When interest rates rise, the cost of borrowing funds for banks increases, thereby decreasing their net interest margins (NIMs) and profitability.
    2. Bond yield: Banks also hold a large amount of fixed-income securities in their portfolios, such as government bonds, corporate bonds, and mortgage-backed securities. These securities generate a fixed interest income, which can be affected by changes in interest rates. When interest rates rise, the value of fixed-income securities held by banks decreases, leading to a potential loss in the value of their investment portfolio.
    3. Liabilities burden: Banks’ liabilities, such as deposits, often have short maturities, while their assets, such as loans, have longer maturities. When interest rates rise, the cost of funding short-term liabilities increases, while the interest earned on longer-term assets remains fixed. This can negatively impact banks’ profitability and cash flows.

    Why do banks resort to interest rate increases?

    Banks resort to interest rate increases for several reasons-

    • Combat inflation: When the economy experiences a rapid increase in prices, the central bank may raise interest rates to discourage borrowing and spending, thereby cooling down the economy and reducing inflationary pressures.
    • Attract deposits: Banks may raise interest rates to attract more deposits from savers, which in turn allows them to lend more money and earn more profits.
    • Protection against risks: banks may also raise interest rates in response to changes in the global financial market or to protect their own financial stability in the face of potential risks or shocks.

     

    Try this MCQ:

    Which of the following best describes interest rate risk in banking?

    (a) The potential loss of income due to changes in interest rates

    (b) The risk that borrowers will default on their loans due to high-interest rates

    (c) The risk that banks will become insolvent due to low-interest rates

    (d) The potential loss of value of a bank’s assets due to changes in interest rates

     

    Post your answers here.

     

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  • China’s West Asia policy and Implications for India

    Central Idea

    • China’s increasing involvement in global power dynamics has been propelled by its diplomatic work in West Asia, which has been facilitated by regional states leveraging its influence with Iran. China’s role as peacemaker in the region has given it a significant advantage in global power tussles, especially in the wake of the Saudi Arabia-Iran diplomatic thaw. However, the implications of China’s role in global power dynamics are far-reaching.

    China’s Diplomatic Influence in the Region

    • Saudi Arabia-Iran diplomatic thaw: The diplomatic thaw between Saudi Arabia and Iran has propelled China further into global power tussles. Saudi Arabia and Iran have been in a long-standing rivalry, which has caused instability in the region. However, the recent diplomatic thaw has provided an opportunity for China to expand its influence in the region.
    • China’s role as peacemaker in West Asia: China’s role as peacemaker in West Asia has given it a significant advantage in global power tussles. Beijing has leveraged its influence with Iran to broker peace deals in the region. China’s diplomatic efforts have been largely successful, and it has emerged as a key player in global power dynamics.
    • Implications of China’s role in global power dynamics: China’s diplomatic efforts have put it in a unique position to shape the global order, especially as the United States’ influence wanes. China’s growing influence has also raised concerns among other major powers, who fear that China’s ambitions may threaten their interests.

    India’s Political and Diplomatic Outreach in West Asia

    • Cultural and geographical proximity: India’s outreach in West Asia has been extensive, with a deep cultural history and geographic proximity to the region.
    • Diplomacy and dialogue: India has not commented on the Saudi Arabia-Iran thaw but has always stood for diplomacy and dialogue.
    • India’s official position “No third-party mediation”: Many in West Asia believe that India is in a good position to act as a mediator in the region’s conflicts, but India has baulked at such an idea due to its official position of not supporting third-party mediation on Kashmir with Pakistan.

    India’s Relations with Iran

    • India’s relations with Iran have been impacted by sanctions and difficulties in fastening or upscaling developmental activities at Chabahar Port.
    • India’s economic relations with Iran have suffered due to sanctions and India’s efforts to build closer ties with the US by promoting talks with Iran over the latter’s nuclear program.
    • Strategic interests in Iran for India remain palpable, especially in light of the return of the Taliban to power in Afghanistan and Russia’s war against Ukraine.

    China’s influence and impact on India’s relations in the region

    • China’s capacity to influence Iran: China’s growing economic and political influence in Iran could potentially give it leverage over Iran’s foreign policy decisions, especially with regard to its relations with India. China’s Belt and Road Initiative (BRI) has also been a major factor in shaping China’s relations with Iran, and India’s decision not to join the initiative has limited its economic ties with Iran.
    • Russia and middle east: China’s increasing collaboration with Russia in the Middle East, particularly in Syria, is also a cause of concern for India. Russia’s closer military cooperation with Iran, coupled with its drifting towards China, could potentially create a power bloc in the region that may not be aligned with India’s interests.
    • Peacemaker in West Asia: China’s efforts in brokering a diplomatic thaw between the two countries could potentially lead to a reduction in tensions in the region. While this could be seen as a positive development, it could also impact India’s interests in the region, particularly given its close ties with Saudi Arabia and the UAE.

    New Delhi’s need to readjust its positions in the region

    • India’s historic ties with Iran and its strategic interests in the region make it imperative for India to maintain strong ties with Iran.
    • India will also need to balance its relations with other regional players, particularly Saudi Arabia and the UAE, which have been key partners in India’s energy security and economic growth.
    • India may also need to explore new avenues for economic engagement with Iran, given the limitations posed by sanctions and China’s growing presence in the region.

    Conclusion

    • China’s role as peacemaker in West Asia still needs to play out, but its influence on the region and global politics has implications for India’s relations with Iran. Given China’s growing influence in West Asia, India will need to reassess its position in the region and adjust its foreign policy accordingly.

    Mains Question

    Q. Discuss the impact of China’s growing diplomatic influence in West Asia on India’s relations with Iran and other regional players. How should India readjust its positions in the region to maintain its strategic interests?

     

     

     

  • 25th Mar 23 | Prelims Daily with Previous Year Questions

    25th Mar 23 | Prelims Daily with Previous Year Questions

    [WpProQuiz 1287]

    [WpProQuiz_toplist 1287]

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

  • Tuberculosis (TB): India’s Renewed Commitment

    TB

    “The theme of World TB Day 2023 — “Yes, we can end TB!”

    Central Idea

    • India’s National TB Elimination Programme has set a goal to eliminate TB by 2025. However, with India contributing 28% of the global TB burden and spending only 2.1% of its total budget on healthcare, the pace of program implementation has slowed down, especially during COVID-19. Increased investments and multi-sector collaboration are required to meet the target. 24 th March is marked as World TB day.

    Back to basics: TB

    • Tuberculosis is an infectious disease caused by bacteria called Mycobacterium tuberculosis.
    • It mainly affects the lungs, but can also affect other parts of the body such as the kidneys, spine, and brain.
    • TB spreads through the air when a person with active TB disease in the lungs or throat coughs, sneezes, or speaks.
    • Symptoms of TB include coughing that lasts for three or more weeks, chest pain, coughing up blood, fatigue, fever, and weight loss.
    • TB can be treated with antibiotics, but drug-resistant forms of TB are a growing concern.

    India’s Battle Against TB

    • International Union Against TB: India’s fight against TB began in 1929, when it joined the International Union Against Tuberculosis.
    • TB division: After independence, the Union government established a TB division under the Directorate General of Health Services with the Ministry of Health to oversee the plan.
    • National TB Control Programme: The National TB Institute was established in Bengaluru in 1959, and the National Tuberculosis Control Programme (NTP) was formulated in 1962. The Revised National TB Control Programme was developed in 1963.
    • National TB Elimination Programme: India’s National TB Elimination Programme now leads the effort to eliminate TB by 2025, five years ahead of the Sustainable Development Goals.
    • TB Harega Desh Jeetega: TB Harega Desh Jeetega (TB will lose, the nation will win) campaign to raise awareness about the disease and encourage people to get tested and treated.

    Challenges in Implementation

    • Lower budgetary allocation: India contributes 28% of the global TB burden, and as of 2022-23, it spends only 2.1% of its total budget on healthcare, the lowest among BRICS countries, and comparable to Bangladesh (2.5%) and Pakistan (3.4%).
    • Slow release of funds: The Joint Monitoring Mission Report 2019 by the Ministry of Health mentions that the slow release of funds has had a significant impact on the program’s effectiveness.
    • Low fund utilization: The low fund utilization has resulted in a lack of resources for critical TB control interventions such as early detection, diagnosis, and treatment.
    • COVID-19 slowed down implementation: Implementation of the TB program has slowed down with COVID-19 and requires further policy development, planning, and additional financing.

    Way Ahead: Opportunities for Collaboration

    • Different actors need to join hands to support the government’s inter-sectoral, multi-centric program approach for TB elimination and empower community response at the grass roots level.
    • Investing in strategic areas like diagnostics and access that have been barriers in the past is critical for reshaping the national TB strategy.
    • The theme of World TB Day 2023, “Yes, we can end TB!” conveys a message of hope that getting back on track to turn the tide against the TB epidemic is possible.

    Facts for Prelims: CB-NAAT

    • CB-NAAT stands for Cartridge-Based Nucleic Acid Amplification Test, which is a diagnostic test used to detect the presence of genetic material of certain types of bacteria, including Mycobacterium tuberculosis.
    • CB-NAAT is a highly sensitive and specific test that can detect MTB and drug-resistant strains of MTB in a short amount of time.
    • The test uses a small cartridge that contains all the necessary reagents and probes to detect MTB nucleic acid. The sample (usually sputum or other respiratory specimen) is mixed with the reagents and the cartridge is placed into a machine that performs the amplification and detection of the nucleic acid.
    • CB-NAAT has been endorsed by the World Health Organization (WHO) as a preferred test for the diagnosis of TB and drug-resistant TB.
    • The Government of India has launched a national program called Revised National TB Control Programme (RNTCP) to provide free diagnosis and treatment of TB, and CB-NAAT is a key component of this program.
    • However, the cost of the test remains a challenge, and efforts are underway to make the test more affordable and accessible to all.

    TB

    Conclusion

    • To successfully eliminate TB by 2025, India must prioritize sustainability through strategic investments, focusing on areas with the greatest need and adequately resourcing TB initiatives. With collaborative efforts and commitment, India can overcome its TB burden and achieve its ambitious target. Together, we can make it happen.

    Mains Question

    Q. Highlight the major initiatives taken by India to combat Tuberculosis and enumerate the challenges and way ahead towards achieving the goal of TB elimination by 2025.

     

     

  • [Burning Issue] Disqualification of an MP

    disqualification

    Context:

    • A senior Congress and opposition leader have been disqualified from the Lok Sabha, a day after he was convicted in a defamation case by a Surat court.
    • In this context, this edition of the burning issue will deal with the issue of disqualification of a Member of Parliament and defamation cases. The issue is very important for the upcoming Prelims 2023 examination as well as Mains 2023.

    Background of the case

    • The Congress leader during campaigning for the 2019 parliamentary polls had made a remark, “How come all the thieves have Modi as the common surname?”
    • On the basis of this remark, a criminal defamation case was filed against him in a surat court by a BJP MLA who had alleged that the congress leader while addressing a poll rally in 2019 in Karnataka defamed the entire Modi community with his remark.
    • The Surat court on Thursday convicted the Congress leader in a criminal defamation case and awarded him a two-year jail term.
    • On basis of this, the Congress leader has been disqualified from the Lok Sabha,. A notice issued by the Lok Sabha Secretariat said that he stood disqualified from the House from March 23, the day of his conviction.

    Disqualification of a Lawmaker

    Disqualification of a lawmaker is prescribed in three situations-

    • Under Constitutional provisions: Disqualification is through Articles 102(1) and 191(1) for disqualification of a member of Parliament and a member of the Legislative Assembly respectively. The grounds here include
    • holding an office of profit,
    • being of unsound mind or insolvent or
    • not having valid citizenship.
    • Under Anti-Defection law: It is in the Tenth Schedule of the Constitution, which provides for the disqualification of the members on grounds of defection.
    • Under Representation of The People Act (RPA), 1951: It provides for disqualification for conviction in criminal cases and several other grounds.

    Disqualification under RPA, 1951

    The provision is aimed at “preventing the criminalisation of politics” and keeping ‘tainted’ lawmakers from contesting elections. There are several provisions that deal with disqualification under the RPA.

    • Section 8 of the RPA deals with disqualification for conviction of offences.
    • Section 8(1): First, disqualification is triggered for conviction under certain offences listed in Section 8(1) of The Representation of The People Act. This includes specific offences such as promoting enmity between two groups, bribery, and undue influence or personation at an election.
    • Section 8(2) also lists offences that deal with hoarding or profiteering, adulteration of food or drugs and for conviction and sentence of at least six months for an offence under any provisions of the Dowry Prohibition Act.
    • Section 8(3) states: “A person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.”
    • Section 9 deals with disqualification for dismissal for corruption or disloyalty, and for entering into government contracts while being a lawmaker.
    • Section 10 deals with disqualification for failure to lodge an account of election expenses.
    • Section 11, deals with disqualification for corrupt practices.
    • Also, On 10 July 2013, the Supreme Court of India, in its judgment of the Lily Thomas v. Union of India case, decided that any MP, MLA or MLC who is sentenced for a crime and granted at least two years of imprisonment, loses membership of the House with immediate effect.

    Appeal and stay of disqualification

    • The disqualification can be reversed if a higher court grants a stay on the conviction or decides the appeal in favour of the convicted lawmaker.
    • In a 2018 decision in ‘Lok Prahari v Union of India’, the Supreme Court clarified that the disqualification “will not operate from the date of the stay of conviction by the appellate court.”
    • This means that Gandhi’s first appeal would be before the Surat Sessions Court and then before the Gujarat High Court.

    Changes in the Law

    • Under the RPA, Section 8(4) stated that the disqualification takes effect only “after three months have elapsed” from the date of conviction.
    • Within that period, lawmakers could file an appeal against the sentence before the High Court.
    • However, in the landmark 2013 ruling in ‘Lily Thomas v Union of India’, the Supreme Court struck down Section 8(4) of the RPA as unconstitutional.

    The Lily Thomas Verdict

    • The Lily Thomas verdict was a landmark judgment delivered by the Supreme Court of India in 2013.
    • The verdict struck down a provision in the Representation of the People Act (RPA), which allowed convicted lawmakers to continue in office if they filed an appeal within three months of their conviction.
    • The provision, which was part of Section 8(4) of the RPA, had been criticized for allowing convicted politicians to continue to hold public office while their appeals were pending in higher courts, and for contributing to the criminalization of politics in India. The verdict was seen as a major step towards cleaning up Indian politics and ensuring that convicted criminals do not get to occupy public offices.

    Defamation in India

    What is Defamation?

    • Defamation refers to the act of publication of defamatory content that lowers the reputation of an individual or an entity when observed through the perspective of an ordinary man. Defamation in India is both a civil and a criminal offence.

    The Laws which Deal with Defamation:

    Sections 499 and 500 of IPC: Sections 499 and 500 in the IPC deal with criminal defamation. While the former defines the offence of defamation, the latter defines the punishment for it.

    Section 499                       

    • Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person.

    Section 500

    • Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

    Supreme court on defamation

    • Supreme Court of India in the Subramanian Swamy case upheld the validity of the criminal defamation law.
    • Court rules that defamation laws are not in conflict with the right to free speech.
    • Court stated that notwithstanding the expansive and sweeping ambit of freedom of speech, as with all rights, the right to freedom of speech and expression is not absolute. It is subject to the imposition of reasonable restrictions

    Why should it be retained?

    • The Supreme Court declared that the right to free speech under Article 19(1)(a) had to be “balanced” against the right to “reputation” under Article 21.
    • It has been part of the statutory law for over 70 years. It has neither diluted our vibrant democracy nor abridged free speech
    • Protection for “legitimate criticism” on a question of public interest is available in the Civil law of defamation & Under exceptions of Section 499 IPC
    • Mere misuse or abuse of law can never be a reason to render a provision unconstitutional rather lower judiciary must be sensitized to prevent misuse
    • Monetary compensation in civil defamation is not proportional to the excessive harm done to the reputation

    Why should it not be retained?

    • “Constitutional fraternity” is not a part of Article 19(2) of the Constitution, which specifically limits the circumstances under which the state can restrict speech to eight enumerated categories.
    • It is also nowhere in the fundamental rights chapter of the Constitution, so the question of “balancing” free speech against constitutional fraternity does not arise.
    • Article 21 which is a shield to protect the individual against State persecution or indifference, is used as a sword to cut down on the fundamental right to freedom of speech and expression because of this provision.
    • Freedom of speech and expression of media is important for a vibrant democracy and the threat of prosecution alone is enough to suppress the truth. Many times influential people misuse this provision to suppress any voices against them.
    • Considering anecdotal evidence, every dissent may be taken as unpalatable criticism. Sections 499 and 500 of the IPC prescribe two years’ imprisonment for a person found guilty of defamation.

    Conclusion

    • As India continues to strengthen its democratic system, one important issue that needs resolution is determining the correct answer for when a disqualification is removed for a sitting member of parliament who has been granted a stay on their conviction.
    • The conflicting court judgments and constitutional provisions only highlight the need for a clear and definitive resolution to this issue, which will undoubtedly enhance the credibility and legitimacy of the Indian political system.

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