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  • Old Pension Scheme (OPS): A Call for Equitable Distribution of Resources

    Pension

    Central Idea

    • The demand for the old pension scheme (OPS) is growing in India, particularly after some states announced plans to revert to it. The mainstream critique of OPS is centered around inefficiency and fiscal deficit concerns. However, it is crucial to examine the policy from the class and welfare perspectives.

    What is pension?

    • A pension is a retirement plan that provides a stream of income to individuals after they retire from their job or profession. It can be funded by employers, government agencies, or unions and is designed to ensure a steady income during retirement.

    What is Old Pension Scheme (OPS)?

    • The OPS, also known as the Defined Benefit Pension System, is a pension plan provided by the government for its employees in India.
    • Under the OPS, retired government employees receive a fixed monthly pension based on their last drawn salary and years of service.
    • This pension is funded by the government and paid out of its current revenues, leading to increased pension liabilities.

    Pension

    Did you know: The National Pension System (NPS)?

    • NPS is a market-linked, defined contribution pension system introduced in India in 2004 as a replacement for the Old Pension Scheme (OPS).
    • NPS is designed to provide retirement income to all Indian citizens, including government employees, private sector workers, and self-employed individuals.

    Analyzing the Impact of OPS on India’s Socio-Economic Landscape

    1. Inequality and Regressive Redistribution: Under the National Pension System (NPS), the Sixth Pay Commission increased the basic salary of government employees to cover pension contributions and promote post-retirement savings. As a result, the salary of a government employee is higher than the income of more than 90% of the population. The OPS thus acts as a regressive redistribution mechanism favoring a better-off class.
    2. Rising Pension Liabilities: Pension liabilities of the government increased substantially due to the Sixth pay matrix, reaching 9% of total state expenditure. By 2050, pension expenditure will account for 19.4% of total state expenditures, assuming the current growth rate remains constant.
    3. Disproportionate Burden on the Lower Class: The bottom 50% of the population faces the inequitable burden of indirect taxation, six times more than their income. Due to OPS, they must bear the burden of supporting government employees’ pensions, which could push them further into poverty.
    4. Expenditure Challenges and Public Goods: As India’s population ages and public provision of education and healthcare becomes more critical, OPS poses expenditure challenges for providing public goods. This situation compels governments to compress already low social sector expenditures, pushing marginalized groups into further destitution.
    5. Monopolization of Future Labor Markets: The OPS facilitates the monopolization of future labor markets in the private sector by a proprietary class, allowing supervisory bureaucracy to consolidate its position and emerge as a dominant group.

    Pension

    Recommendations for Equitable Resource Distribution

    • Opposition to the OPS should focus on equitable distribution of resources and expansion of universal provisions of public goods.
    • Implement a participatory pension system for government employees to provide more egalitarian outcomes.
    • Tweak the NPS to provide a guaranteed monthly return for lower-rung employees.
    • Address unequal pay among various ranks of employees through administrative reforms.
    • Advocate for progressive taxation of the top 10% and a rationalization of political executives’ pensions and profligacy.

    Facts for prelims: NPS vs OPS

    Parameter National Pension System (NPS) Old Pension Scheme (OPS)
    Type of System Defined Contribution System Defined Benefit System
    Funding Contributions from employee and employer Government-funded
    Investment Market-linked investments in various asset classes No direct investment involved
    Returns Subject to market risks Predetermined and not market-linked
    Pension Amount Depends on accumulated corpus and investment returns Based on last drawn salary and years of service
    Annuity & Lump-sum Withdrawal Minimum 40% corpus used to purchase annuity, remaining can be withdrawn as lump-sum Fixed monthly pension, no annuity or lump-sum withdrawal
    Portability Portable across jobs and sectors Limited to government employees
    Flexibility Choice of investment options, fund managers, and asset allocation No flexibility, pension determined by predefined formula

    Conclusion

    • It is essential to recognize the disenchantment with neoliberalism driving the demand for the OPS. Government employees and policymakers must work together to address the challenges posed by OPS and implement pension reforms that prioritize equitable resource distribution, efficient allocation, and social welfare.

    Mains Question

    Q. Compare and contrast OPS with the National Pension System (NPS) and discuss the impact of Old Pension Scheme (OPS) on India’s socio-economic landscape.


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  • [Sansad TV] Perspective: Inter-Services Organizations Bill, 2023

    [Sansad TV] Perspective: Inter-Services Organizations Bill, 2023

    Context

    The Inter-services Organisations (Command, Control and Discipline) Bill, 2023, was introduced in Lok Sabha on March 15, 2023.  

    Inter-Services Organisations Bill, 2023

    • It seeks to empower the Commander-in-Chief or Officer-in-Command of Inter-services Organisations to exercise disciplinary or administrative control over the service personnel under their command, irrespective of their service.  
    • It will empower commanders-in-chief or any other officers posted in tri-services organisations with disciplinary and administrative powers in respect of personnel serving in them.

    Key features

    • Inter-services Organisation (ISO):  Existing ISO will be deemed to have been constituted under the Bill.  These include the Andaman and Nicobar Command, the Defence Space Agency, and the National Defence Academy.  The central government may constitute an ISO which has personnel belonging to at least two of the three services: the army, the navy, and the air force.  These may be placed under the command of an Officer-in-Command.  These organisations may also include a Joint Services Command, which may be placed under the control of a Commander-in-Chief.
    • Control of ISO:  Presently, the Commander-in-Chief or Officer-in-Command of ISO are not empowered to exercise disciplinary or administrative powers over the personnel belonging to other services.  The Bill empowers the Commander-in-Chief or the Officer-in-Command of an ISO to exercise command and control over the personnel serving in or attached to it.  He/She would be responsible for maintaining discipline and ensuring the proper discharge of duties by the service personnel.
    • Superintendence of ISO:  The superintendence of an ISO will be vested in the central government.  The government may also issue directions to such organisations on the grounds of national security, general administration, or public interest.
    • Other forces under central government: The central government may notify any force raised and maintained in India to which the Bill will apply.  This would be in addition to army, navy, and air force personnel.
    • Commander-in-Chief: The officers eligible to be appointed as the Commander-in-Chief or Officer-in-Command are: (i) a General Officer of the regular Army (above the rank of Brigadier), (ii) a Flag Officer of the Navy (rank of Admiral of the Fleet, Admiral, Vice-Admiral, or Rear-Admiral), or (iii) an Air Officer of the Air Force (above the rank of group captain).
    • Commanding Officer: The Bill provides for a Commanding Officer who will be in command of a unit, ship, or establishment.   The officer will also perform duties assigned by the Commander-in-Chief or Officer-in-Command of the ISO.  The Commanding Officer will be empowered to initiate all disciplinary or administrative actions over the personnel appointed, deputed, posted, or attached to that Inter-services Organisation.

    Need for this Bill

    • Multiple legislations: Currently, the service personnel of Indian Air Force, Army and Navy are governed by the provisions of the Air Force Act, 1950, the Army Act, 1950 and the Navy Act, 1957 respectively.
    • No integrated staff: Under current norms only officers of the respective services are empowered to exercise disciplinary powers over the service personnel under the respective service Acts.
    • Others: The Bill will also pave the way for various other tangible benefits such as expeditious disposal of cases, saving of time and public money by avoiding multiple proceedings and greater integration and joint manship among armed forces personnel.

    Significance of the proposed Bill

    • Integration of forces: There has been a long-felt demand to streamline armed forces due to two hostile neighbors. The legislation seeks to avoid resource duplication and enable synergistic deployment.
    • Increase operational efficiency: The bill along with theaterisation will help reduce the current 17 commands to half a dozen for greater operational capability.
    • Better personnel management: The bill would addresses disciplinary issues in a tri-service environment with personnel from different services.
    • Official integration: With this, equivalence and power will be given to the Commander-in-Chief irrespective of their service.
    • Broader realization of security: Need for three services to collaborate to address emerging challenges in modern warfare. Ultimate objective of national security will become easier to achieve.

    Existing challenges

    • Fixed rules of the three services pose a challenge to change.
    • Incorporating technologies like AI and drone technology in modern warfare is challenging.
    • Logistical issues in certain services make it difficult to formulate joint rules and collaboration.
    • Logistics pose a major challenge to smooth and coordinated implementation.
    • Chief of Defence Services (CDS) is overburdened with multiple roles.

    Way forward

    • Operational power should be given within the joint service command at various levels.
    • Powers should be divided to reduce the workload on service headquarters in operational issues.
    • Synergy can be developed on promotion and marking standards between services.
    • CDS should be the Theatre Commander and the charge of the Department of Military Affairs should be given to another officer.
    • Assets of all services should be placed in a central pool until concrete steps of joint operations are taken
    • A Group of Ministers can be formed to take inputs and suggest a well-coordinated policy.
    • Immediate changes like land use and logistics should be made while complicated issues are deliberated.

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  • Rajasthan becomes first state to guarantee Right to Health

    health

    The Rajasthan Assembly passed the Right to Health (RTH), even as doctors continued their protest against the Bill, demanding its complete withdrawal.

    Right to Health (RTH): A conceptual insight

    • RTH is a fundamental human right that guarantees everyone the right to enjoy the highest attainable standard of physical and mental health.
    • It is recognized as a crucial element of the right to an adequate standard of living and is enshrined in international human rights law.

    Scope of RTH

    • RTH covers various health-related issues, including-
    1. Access to healthcare services, clean water and sanitation, adequate nutrition, healthy living and working conditions, health education, and disease prevention.
    2. Accessible, affordable, and quality healthcare services,
    3. Eliminating barriers to healthcare access
    4. Informed consent to medical treatment and accessing information about their health.

    What is the Rajasthan Right to Health Bill?

    • Free treatment: RTH gives every resident of the state the right to avail free Out Patient Department (OPD) services and In Patient Department (IPD) services at all public health facilities and select private facilities.
    • Wider scope of healthcare: Free healthcare services will include consultation, drugs, diagnostics, emergency transport, procedures, and emergency care. However, there are conditions specified in the rules that will be formulated.
    • Free emergency treatment: Residents are entitled to emergency treatment and care without prepayment of fees or charges.
    • No delay in treatment: Hospitals cannot delay treatment on grounds of police clearance in medico-legal cases.
    • State reimbursement of charges: After emergency care and stabilisation, if patients do not pay requisite charges, healthcare providers can receive proper reimbursement from the state government.

    Existing schemes in Rajasthan

    • The flagship Chiranjeevi Health Insurance Scheme provides free treatment up to Rs 10 lakh, which has been increased to Rs 25 lakh in the latest budget.
    • The Rajasthan Government Health Scheme covers government employees, ministers, current and former MLAs, etc.
    • The Nishulk Nirogi Rajasthan scheme provides free OPD and IPD services in government hospitals and covers about 1,600 medicines, 928 surgicals, and 185 sutures.
    • The Free Test scheme provides up to 90 free tests in government hospitals and has benefited 2.93 crore persons between March-December 2022.

    Need for the RTH Scheme

    • The state prioritizes healthcare and wants Rajasthan to be a great example of good health.
    • The Health Minister has received many complaints about private hospitals asking for money from patients who have the Chiranjeevi card.
    • So, they are bringing in a new law to stop this.
    • The new law will make sure that future governments follow it and provide free healthcare to everyone.

    Controversy with the RTH Law: Emergency Care Provisions

    • Emergency care was a contentious issue in the RTH.
    • The clause states that people have the right to emergency treatment and care for accidental emergency, emergency due to snake bite/animal bite and any other emergency decided by the State Health Authority under prescribed emergency circumstances.
    • Emergency treatment and care can be availed without prepayment of requisite fee or charges.
    • Public or private health institutions qualified to provide such care or treatment according to their level of health care can offer emergency care.

    Issues raised by healthcare professionals

    • Existing burden of schemes: Doctors are protesting against the RTH because they question the need for it when there are already schemes like Chiranjeevi that cover most of the population.
    • Specialization concerns: They are also objecting to certain clauses, such as defining “emergency” and being compelled to treat patients outside their specialty as part of an emergency.
    • Unnecessary obligations: The Bill empowers patients to choose the source of obtaining medicines or tests at all healthcare establishments, which means that hospitals cannot insist on in-house medicines or tests.

    Way forward

    • Given the contentious nature of the Bill, it is important for all stakeholders to come to the table and engage in constructive dialogue to resolve the issues at hand.
    • It should involve liaison between government, doctors, patient advocacy groups, and other relevant stakeholders to discuss the concerns raised by all parties and identify potential solutions.
    • This could be followed by a revision of the Bill, incorporating feedback and suggestions from all stakeholders, and a renewed effort to build consensus and support for the legislation.
    • Additionally, greater efforts could be made to improve transparency and accountability in the healthcare system, with a focus on educating patients about their rights.

     


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  • Back in news: Criminalization of Marital Rape

    rape

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

    What is Marital Rape?

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

    Status in India

    rape

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

    Recent observations by Delhi HC

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

    Reasons for rebuttal of this concept

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

    Why it must be a crime?

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

    Violation of fundamental rights

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

    Problems in prosecuting marital rape

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

    Present regulations in India

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

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

    Arguments against criminalization

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

    Way forward

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

     

  • Chinese firm to build Solomon Islands Port Project

    solomon

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

    Why discuss this?

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

    About Solomon Islands

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

    Quick recap of its past

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

    How did China enter the picture?

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

    What is the Solomon Islands’ stance?

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

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

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

    Concerns of the West

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

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

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

    Why is China interested in the Solomon Islands?

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

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

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

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  • Places in news: Sharda Peeth

    sharda

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

    Why in news?

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

    Sharda Peeth

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

    History and Significance

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

    Current rundown state and Controversy

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

    Significance in Kashmiri Identity

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

     


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  • Abel Prize for Maths

    abel

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

    Abel Prize

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

    Has any Indian ever won this prestigious prize?

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

     


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  • Call Before u Dig Application

    dig

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

    Call Before u Dig (CBUD)

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

    How does the app work?

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

     

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  • Rising Cancer Cases in India And Economic Burden

    Central Idea

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

    Cancer

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

    Economic Burden of Cancer Treatment

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

    Insurance Coverage and Out-of-Pocket Expenses

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

    State-wise Variation in Cancer Treatment Expenditure

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

    Facts for Prelims: CAR T-cell therapy

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

    Conclusion

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

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

    Central Idea

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

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

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

    Environmental and Ecological Concerns

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

    Feasibility and Sustainability Issues

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

    Facts for Prelims: Andaman and Nicobar Islands (ANI)

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

    Conclusion

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

    Mains Question

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


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  • Nikaalo Prelims Spotlight || Species In News

    Dear Aspirants,

    This Spotlight is a part of our Mission Nikaalo Prelims-2023.

    You can check the broad timetable of Nikaalo Prelims here

    Session Details

    YouTube LIVE with Parth sir – 1 PM  – Prelims Spotlight Session

    Evening 04 PM  – Daily Mini Tests

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    22nd Mar 2023

    Species In News

    Indian Bullfrogs

    • The Indian Bullfrog Hoplobatrachus Tigerinus (native to
      the Indian subcontinent) has rapidly invaded the Andaman
      islands after it was introduced there in the early 2000s.
    • In human-dominated areas, it now shares space with other
      native (and often endemic) frog species.
    •  The bullfrogs are prolific breeders: they have short breeding
      seasons, and each egg clutch can contain up to 5,750 eggs.
    • Its tadpoles are carnivorous and eat other tadpoles (including their own species).
    • The proportion of bullfrog tadpoles surviving was greater
      in the presence of both endemic frog tadpoles.
    • This is worrying because other native frog species – many
      of which are only being described – could also be affected

    Balsams of Eastern Himalayas

    • Consisting of both annual and perennial herbs, balsams
      are succulent plants with high endemism.
    • Because of their bright beautiful flowers, these groups of
      plants are of prized horticultural significance.
    • The details of the new species, including several new
      records, have been highlighted in the book, recently published by the Botanical Survey of India.
    • Of the 83 species described, 45 are from Arunachal Pradesh,
      24 from Sikkim and 16 species common to both states.

    Threats:

    • Prior to 2010, specimens of Impatiens that had potential
      of being identified as new species would be collected but
      the dried-up specimens looked identical to the species
      discovered earlier and their effort yielded no results.
    • Other than high endemism, what sets Impatiens apart is
      their sensitivity to climate change.
    • Most of the species of Impatiens cannot endure persistent
      drought or extended exposure to direct sunlight.
    • As a result Impatiens species are typically confined
      to stream margins, moist roadsides, waterside boulders, near waterfalls and wet forests.

    Miracle Plant Arogyapacha

    • This ‘miracle plant’ is known for its traditional use by the
      Kani tribal community to combat fatigue.
    • Studies have also proved its varied spectrum of pharmacological properties such as anti-oxidant, aphrodisiac, anti-microbial, anti-inflammatory, immunomodulatory, anti-tumour, anti-ulcer, anti-hyperlipidemic, hepatoprotective and anti-diabetic.

    Dracaena Cambodiana: India’s first dragon blood-oozing tree

    • A group of researchers has discovered Dracaena cambodiana, a dragon tree species in the Dongka Sarpo area of West Karbi Anglong, Assam.
    •  This is the first time that a dragon tree species has been
      reported from India.
    • In India, the Dracaena genus belonging to the family Asparagaceae is represented by nine species and two varieties in the Himalayan region, the northeast and Andaman and Nicobar Islands.
    • But Dracaena cambodiana is the only true dragon tree species.
    • The Dracaena seeds are usually dispersed by birds. But due
      to the large fruit size, only a few species of birds are able
      to swallow the fruits, thus limiting the scope of its nature
      conservation.

    7 New Species Of Insects That Can Walk On Water Discovered

    • The newly described species belong to the genus Mesovelia
      whose size ranges from 1.5 mm to 4.5 mm and are equipped
      with hydrophobic setae (bristles) on their legs.
    • The combination of hydrophobic setae and water surface
      tension prevents them from sinking.
    • The insects are pale green with silver-white wings with
      black veins on the basal half which make them stand out
      over the green mat of aquatic weeds.
    • Among the new discoveries, Mesovelia andamana is from
      Andaman Islands, bispinosa and M. isiasi are from Meghalaya, M. occulta and M. tenuia from Tamil Nadu and M.brevia and M. dilatata live both in Meghalaya and Tamil Nadu.

    Evolution

    •  These bugs are hemimetabolous insects without having
      larval stage i.e., they go from egg to nymph to adult.
    • They are found on freshwater bodies such as ponds, lakes,
      pools, streams, rocks with moss and sometimes on estuaries.
    • These bugs serve as predators and scavengers (feed on
      midges, water fleas, feed on dead and dying mosquitoes),
      thereby removing organic waste and also providing a natural sanitation service.
    • The females of Mesovelia are larger than males and dig
      several holes on plants and insert eggs in plant tissues with
      a specially adapted long serrated ovipositor (genital organ).

    Emperor Penguin Colony In Antarctica Vanishes

    • The emperor penguin (Aptenodytes forsteri) is the tallest
      and heaviest of all living penguin species and is endemic
      to Antarctica.
    • Like all penguins, it is flightless, with a streamlined body,
      and wings stiffened and flattened into flippers for a marine habitat.
    • Its diet consists primarily of fish, but also includes crustaceans, such as krill, and cephalopods, such as squid.
    • The only penguin species that breeds during the Antarctic winter, emperor penguins trek 50–120 km over the ice to breeding colonies which can contain up to several thousand individuals.
    • In 2012 the emperor penguin was uplisted from a species of least concern to near threatened by the IUCN.

    Arctic Kelp Forests

    • Kelp is a type of large brown seaweed that grows in shal-low, nutrient-rich saltwater, near coastal fronts around the world.
    • They occur on rocky coasts throughout the Arctic.
    • Kelp is a type of large brown seaweed that grows in shallow, nutrient-rich saltwater, near coastal fronts around the world.
    • They occur on rocky coasts throughout the Arctic.
    • The longest kelp recorded in the Arctic in Canada was 15 metres, and the deepest was found at 60-metre depth (Disko Bay, Greenland).
    • Kelps function underwater in the same way trees do on land. They create habitat and modify the physical environment by shading light and softening waves.
    • The underwater forests that Kelps create are used by many animals for shelter and food.More than 350 different species – up to 100,000 small invertebrates – can live on a single kelp plant, and many fish, birds and mammals depend on the whole forest.
    • Kelp forests also help protect coastlines by decreasing the power of waves during storms and reducing coastal erosion.

    Neelakurinji Blossom

    • Kurinji or Neelakurinji (Strobilanthes kunthianus) is a shrub that is found in the shola forests of the Western Ghats in South India
    • Nilgiri Hills, which literally means the blue mountains, got their name from the purplish-blue flowers of Neelakurinji that blossoms only once in 12 years.
    • It is the most rigorously demonstrated, with documented bloomings in 1838, 1850, 1862, 1874, 1886, 1898, 1910, 1922, 1934, 1946, 1958, 1970, 1982, 1994, 2006 and 2018
    • Some Kurinji flowers bloom once every seven years, and then die. Their seeds subsequently sprout and continue the cycle of life and death.

    Kashmir Stag (Hangul)

    • Hangul, the state animal of Jammu & Kashmir, is restricted to the Dachigam National Park some 15 km north-west of Jammu & Kashmir summer capital Srinagar.
    • The Hangul is placed under Schedule I of the Indian Wildlife (Protection) Act, 1972 and the J&K Wildlife Protection Act, 1978.
    • The Hangul was once widely distributed in the mountains of Kashmir and parts of Chamba district in neighbouring Himachal Pradesh.
    • The IUCN’s Red List has classified it as Critically Endan-gered and is similarly listed under the Species Recovery Programme of the Wildlife Institute of India (WII) and the Environmental Information System (ENVIS) of the MoEFCC.
    • From a population of 5,000 in the early 1900s, the Hangul’s numbers have constantly declined over the decades.
    • The Hangul is considered equally significant to the state of Jammu & Kashmir as the tiger is to the whole of India.
    • The Paliyan tribal people living in Tamil Nadu used it as a reference to calculate their age.
    • It is the only Asiatic survivor or subspecies of the European red deer.
    • But the state animal’s decreasing population remains a big concern.
    • According to the latest survey in 2017, the population of Hangul is 182 in Dachigam and adjoining areas. Earlier population estimates suggest that there were 197 deer in 2004 and 186 in 2015. T
    • The IUCN Red Data Book — which contains lists of species at risk of extinction — has declared the Hangul as one of three species that were critically endangered in J&K.
    • The other two are the Markhor — the world’s largest species of wild goat found in Kashmir and several regions of central Asia — and the Tibetan antelope or ‘Chiru’.

    Great Indian Bustard

    • The Great Indian Bustard (GIB) is one of the few species that the Government of India has included in its ‘recovery programme for critically endangered species’.
    • With less than 200 GIBs remaining in the world, most of them were found in Rajasthan’s ‘Desert National Park’. We are on the brink of forever losing a majestic bird species, which was once a strong contender to be declared as India’s National Bird.
    • Habitat: Arid and semi-arid grasslands, open country with thorn scrub, tall grass interspersed with cultivation.
    • It avoids irrigated areas. It is endemic to Indian Sub-continent. found in central India, westem India and eastern Pakistan.
    • Currently, it is found in only six states in the country Madhya Pradesh, Gujarat, Maharashtra, Andhra Pradesh, Rajasthan and Karnataka. Protection: Listed in Schedule I of the Wildlife (Protection) Act, 1972 and Critically Endangered on the IUCN Red List.
    • It is also listed in Appendix I of CITES and covered under CMS or Bonn Convention.
    • Bustard Species Found in India: Great Indian Bustard, the Lesser Florican and the Bengal Florican; Houbara also belong to Bustard family but it’s a migratory species.
    • Importance to Ecosystem: GIB is an indicator species for grassland habitats and its gradual disappearance from such environments shows their deterioration. Once the species is lost. there will be no other species to replace it, and that will destabilise the ecosystem of the grassland and affect critical bio-diversities, as well as blackbucks and wolves, who share their habitat with the GIB.
    • Conservation Steps: Great Indian Bustard, popularly known as ‘Godawan is Rajasthan’s state bird. The state government has started “Project Godawan” for its conservation at Desert National Park (DNP) in Jaisalmer. It’s one of the Spades for The Recovery Programme under the Integrated Development of  Wildlife Habitats of the Ministry of Environment and Forests.

    Tasmanian Tiger

    • The Tasmanian tiger or thylacine (a dog headed pouched dog) was an exclusively carnivorous marsupial that is considered to be extinct.
    • It has resemblance to a dog, with its distinguishing features being the dark stripes beginning at the rear of its body and extending into its tail, its stiff tail and abdominal pouch.
    • The last known thylacine died in captivity over 80 years ago, in Tasmania’s Hobart Zoo in 1936.
    • It may also be the only mammal to have become extinct in Tasmania since the European settlement.

    Adratiklit boulahfa

    • Named Adratiklit boulahfa, it is also the first stegosaurus to be found in North Africa.
    • Its remains were discovered in the Middle Atlas Mountains of Morocco.
    • The scientists believe it is not only a new species but also belongs to a new genus.
    • The name is derived from the words used by the Berber (an ethnic group indigenous to North Africa) for mountains (Adras), lizard (tiklit) and and the area where the specimen was found. (Boulahfa).

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

    Central Idea

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

    What is GSI?

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

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

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

    Conclusion

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

    Mains Question

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


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  • IAS Toppers’ strategy for Current Affairs | LIVE session on How to actually cover current affairs for UPSC 2023-24? and FIVE point agenda | Sajal sir, Dimple ma’am & Dinesh sir | Get FREE Samachar Manthan Module | Register FREE

    IAS Toppers’ strategy for Current Affairs | LIVE session on How to actually cover current affairs for UPSC 2023-24? and FIVE point agenda | Sajal sir, Dimple ma’am & Dinesh sir | Get FREE Samachar Manthan Module | Register FREE

    The three most important figures in UPSC current affairs space will discuss the most important aspect of your prep. (Click here for details)

    Register for Recorded Video

    Preparing for UPSC Current Affairs is akin to being tossed into a turbulent sea of information, leaving most aspirants disoriented and unsure where to focus their attention. The struggle to navigate through the endless news cycle and discern what’s essential for the UPSC exam is real.

    But fret not, for that we already have the Samachar Manthan, Civilsdaily’s flagship program for current affairs, helmed by the illustrious Sajal Sir. Packed with fresh perspectives and exciting features, it’s designed to make your current affairs preparation journey smoother and more enjoyable than ever before.

    But today we have something special to announce.

    Coming Thursday, the Triumvirate of Samachar Manthan, Sajal sir, Dimple ma’am, and Dinesh sir will be LIVE for a detailed Round table level Conference where they will discuss everything that is important for UPSC Current Affairs.

    This is open to all and is an online meeting, we will share the Zoom link with you after registration for this event.

    What is Current Affairs RTC?

    Senior IAS mentors like Sajal sir, Dinesh sir, and Dimple ma’am will be LIVE for detailed session on UPSC current affairs

    1. Pain points faced by UPSC aspirants.
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    4. How to have a comprehensive analysis covering all the relevant current affairs topics, with a focus on interlinkages, answer writing and retention of information?
    5. Seven most common mistakes an aspirants must avoid while covering current affairs.

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

    bond

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

    What is a Constitution Bench?

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

    Constitution benches are set up when the following circumstances exist:

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

     

    What are Electoral Bonds?

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

    About the scheme

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

    Objective of the scheme

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

    Who can redeem such bonds?

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

    Restrictions that are done away

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

    Issues with the Scheme

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

    Way ahead

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

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  • [Burning Issue] Same-Sex Marriages In India

    marriage

    Context

    • Recently, the Supreme Court referred a batch of petitions seeking the legal recognition of same-sex marriages to a Constitution Bench.
    • The Union government has opposed the petitions. Law Minister Kiren said that marriage is a matter of policy to be decided by Parliament and the executive alone.
    • In this context, this edition of the Burning Issue will explain this issue and the arguments around it.

    What is the issue?

    • The Supreme Court had issued notice to the Centre Govt on a plea by two gay couples seeking recognition of same-sex marriage under the Special Marriage Act, 1954 in November 2022, asking for its stand on same-sex marriage.
    • In response to this notice, the Union Government has recently filed an affidavit clarifying its stance on same-sex marriages.

    What is meant by Same-sex marriage?

    • Same-sex marriage is the legal recognition of a marriage between two individuals of the same sex.
    • It grants same-sex couples the same legal and social recognition, rights, and privileges that are traditionally associated with marriage, including property rights, inheritance rights, and the ability to make decisions for each other in medical emergencies.
    • The recognition of same-sex marriage varies around the world, with some countries legalizing it while others do not.
    • The issue has been the subject of much debate and controversy, with arguments for and against same-sex marriage based on religious, cultural, social, and legal considerations.

    Same-sex marriage in India

    • Same-sex marriage is currently not legally recognized in India.
    • Section 377 of the Indian Penal Code, which criminalized homosexuality, was struck down by the Supreme Court of India in 2018, which was a landmark decision for LGBTQ+ rights in the country.
    • However, there is still no law that allows same-sex couples to legally marry or have any legal recognition of their relationships.

    What is the Judicial basis for same-sex marriage?

    Decriminalization of IPC section 377 in the Navtej Singh Johar & Ors. V. Union of India(2018)

    • In this landmark verdict, the Supreme Court today scrapped the controversial Section 377– a 158-year-old colonial law on consensual gay sex.
    • Section 377, which is part of an IPC 1861, banned “carnal intercourse against the order of nature with any man, woman or animal” — which was interpreted to refer to homosexual sex.
    • The Supreme Court reversed its own decision and said Section 377 is irrational and arbitrary.
    • The judgment was delivered by a Bench of Chief Justice of India Dipak Misra and Justices Rohinton Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra.

    What does the Government affidavit say?

    The main points of the Government affidavit are:

    • Heterosexual marriage has been the norm throughout history and is “foundational to both the existence and continuance of the state.”
    • Marriage in India is regarded as a “holy union,” a “sacrament,” and a “sanskar,” and is dependent on customs, rituals, practices, cultural ethos, and societal values.
    • Any “deviation” from the “statutorily, religiously and socially” accepted norm in “human relationships” can only happen through the legislature and not the Supreme Court.
    • In its affidavit to the Supreme Court, the government argued that the traditional concept of marriage, consisting of a biological man, woman and child, cannot be disrupted.
    • It claimed that recognizing same-sex marriages could cause havoc in the system of personal laws.
    • As different from many liberal democracies, in India, aspects of marriage, succession and adoption are governed by religious personal laws.

    Reasons behind the center’s opposition

    • Legal revamp required: The registration of marriage of same-sex persons also results in a violation of existing personal as well as codified law provisions — such as ‘degrees of prohibited relationship’; ‘conditions of marriage’; ‘ceremonial and ritual requirements’ under the personal laws governing the individuals”.
    • Definition of spouse: In a same-sex marriage, it is neither possible nor feasible to term one as ‘husband’ and the other as ‘wife’ in the context of the legislative scheme of various personal laws.
    • Against cultural norms:  The social order in our Country is a religion based which views procreation as an obligation for the execution of various religious ceremonies.
    • Property and other civil rights: Property rights post-marriage is a much-contested issue in India. Same-sex marriage will not create any immunity for the law but increase complex interpretations.
    • Navtej case did not mention marriages: The 2018 Navtej Singh Johar judgment decriminalized homosexuality, but it did not mention/legitimize same-sex marriage.
    • Not comparable to the heterosexual couple: Same-sex marriage cannot be compared to a man and woman living as a family with children born out of the union.
    • Violation of existing personal laws: Registration of same-sex marriage would result in a violation of existing personal as well as codified law provisions.
    • In the interest of society: There is a “compelling interest” for society and the state to limit recognition to heterosexual marriages only.

    What stand do petitioners have?

    Same-sex marriage as a matter of rights

    • Any social policy is liable to judicial interference if rights are violated.
    • The petitioners rely on the rights to equality and non-discrimination as laid out in Articles 14 and 15.
    • The Constitution prohibits the state from discriminating based on sex.
    • Sex has been interpreted by the Supreme Court in Navtej Singh Johar (2018) to include sexual orientation. Granting the right to marry heterosexual couples and not to homosexual couples discriminates on the basis of their sexual orientation.

    Same-sex marriage is a matter of privacy

    • Right to privacy: Supreme Court recognized this right to be part of the right to life and liberty under Article 21 of the Constitution in the celebrated Puttaswamy (2017) verdict.
    • What the court said on privacy: Privacy includes at its core the preservation of personal intimacies, the sanctity of family life, marriage, procreation, the home and sexual orientation.
    • The state currently denies this right: The right to privacy entails the right of the citizens to make decisions about their family life and marriage. The state currently denies same-sex couples this right.
    • The Special Marriage Act: The Special Marriage Act is a secular law that works alongside religious personal laws. Same-sex marriages can be recognized under the Special Marriage Act. The Act already speaks of marriages between any two persons which are solemnized under it. Any two persons can include two persons of the same sex.

    Special Marriage Act

    • The Special Marriage Act is a law in India that allows individuals of different religions or nationalities to marry each other.
    • It was enacted in 1954 and came into effect in 1955.
    • The Special Marriage Act allows for inter-caste and inter-religious marriages, and couples who register under this act are not required to change their religion or follow any religious rites or rituals. However, the act does not recognise same-sex marriages.
    • The act also provides for divorce on certain grounds and maintenance to the spouse and children.

    Issues with such marriages

    • Morality: This has brought with it a change in social attitudes so that the stigma attached to homosexuality has to a greater extent disappeared.
    • Rising activism: Campaigns for lesbian and gay rights have taken on an increasingly radical character, arguing for an end to all forms of discrimination against homosexuality.
    • Religious sanctions: Same-sex acts are punishable by death in Arab countries. No religion openly embraces same-sex marriage. More or less, they are considered unnatural everywhere.
    • Social stigma:  Apart from the harsh legal scenario, homosexuals face social stigma as well. Same-sex marriages are still unimaginable as any instance of sexual relations between a couple of the same sex draws hatred and disgust.  
    • Patriarchy: It must not be forgotten that Indian society is patriarchal in nature and the fact that certain women and men have different choices, which is not sanctioned by the ‘order’, frightens them in a way.
    • Burden of collectivity: Our society is very community oriented and individualism is not encouraged in the least, any expression of homosexuality is seen as an attempt to renounce tradition and promote individualism.

    Arguments in favor of such marriages

    • Pursuit of happiness: Homosexuality is not an offense, it is just a way of the pursuit of happiness, a way to achieve sexual happiness or desire.
    • Right to privacy: The fundamental right to liberty (under Article-21) prohibits the state from interfering with the private personal activities of the individual.
    • Arbitrariness: Infringement of, the right to equal protection before the law requires the determination of whether there is a rational and objective basis to the classification introduced.
    • Issues with the definition: Section-377 assumes that a natural sexual act is that which is performed for procreation. Hence, it thereby labels all forms of the non-procreative sexual act as unnatural.
    • Discrimination: Section-377 discriminates based on sexual orientation which is forbidden under Article-15 of the Constitution. Article-15 prohibits discrimination on several grounds, which includes Sex.
    • Human rights: The universal law of Human Rights states that social norms, tradition, custom or culture cannot be used to curb a person from asserting his fundamental and constitutional rights.
    • Many countries recognizing: According to global think tank Council of Foreign Relations, same-sex marriages are legal in at least 30 countries, including the United States, Australia, Canada and France.

    Parallels in west

    • In Obergefell v Hodges (2015), the Supreme Court of the United States held that same-sex couples have a constitutional right to marriage.
    • Thirty-one out of the 50 states in the United States have marriage laws that define marriage as between a man and a woman.
    • In May 1996, South Africa became the first country to constitutionally prohibit discrimination based on sexual orientation.
    • The United Kingdom passed the “Alan Turing law” in 2017 which ‘granted amnesty and pardon to the men who were cautioned or convicted under historical legislation that outlawed homosexual acts’.

    Way forward

    • Dissociating from religion: Such marriages are forbidden in almost every religion. Hence no single religion should be considered a hindrance in creating a legal sanction.
    • Doing away with discrimination: The same-sex community needs an anti-discrimination law that empowers them to build productive lives and relationships irrespective of gender identity.   
    • Letting the society evolve: Society has to imbibe the doctrine of progressive realization of rights and it cannot be forcibly convinced by law.
    • Creating awareness: Certainly, this is not an overnight phenomenon. We are a society where the practice of Sati and Nikah halala was considered a religious order.
    • Widen the scope of article 15 to include gender too: Article 15 secures the citizens from every sort of discrimination by the state, on the grounds of religion, race, caste, sex or place of birth or any of them. The grounds of non-discrimination should be expanded by including gender and sexual orientation.
    • Sensitise the general public and officials: Justice Rohinton F. Nariman had directed in Navtej Singh Johar & Ors., the Government to sensitize the general public and officials, to reduce and finally eliminate the stigma associated with the LGBTQ+ community through the mass media and the official channels.
    • Sensitise students: School and university students too should be sensitized about the diversity of sexuality to deconstruct the myth of heteronormativity. Heteronormativity is the root cause of hetero-sexism and homophobia.

    Conclusion

    • The debate on the legal recognition of same-sex marriages in India continues to be a contentious issue, with the government and petitioners presenting opposing views.
    • However, given the complex social, cultural, and legal considerations, any decision regarding same-sex marriage should be carefully evaluated to ensure that it is inclusive and respects individual rights.
    • Ultimately, it is important to arrive at a balanced and just solution that upholds the principles of equality and non-discrimination for all individuals, regardless of their sexual orientation.

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

    waste

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

    What are Waste-to-Energy Plants?

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

    Feasibility of such plants

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

    Operational status in India

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

    Why do such projects often fail?

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

    Various challenges

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

    Way forward

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

     

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  • SC asks govt. for data on Death by Hanging

    death

    The Supreme Court has asked the Centre to provide data which may point to a more dignified, less painful and socially acceptable method of executing prisoners other than death by hanging.

    Central idea

    • The Supreme Court is hearing a petition challenging the constitutionality of death by hanging as a mode of execution.
    • The petition argued that there is a need to evolve a “humane, quick and decent alternative” to hanging, which he termed as “cruel and barbarous” compared to lethal injection used in the United States.

    Quest for painless execution

    • Justice Narasimha noted that there was literature suggesting that “hanging is closest to painless”.
    • In 2018, the Centre filed an affidavit supporting death by hanging and stated that it had found the method of firing squads and lethal injections as “barbaric, inhuman and cruel”.
    • The government traced statistics of “botched-up” administration of lethal injections to condemned prisoners in the United States for 110 years to prove its point.

    Status of death penalty in India

    • Section 354 (5) of the Code of Criminal Procedure mandates that a person sentenced to death shall “be hanged by the neck till he is dead”.
    • In India, The Air Force Act, 1950, The Army Act 1950, and The Navy Act 1957 say that execution has to be carried out either by hanging by the neck until death or by being shot to death.

    Why in news now?

    • The court clarified that it was not questioning the constitutionality of the death penalty, which was well-settled in Deena versus Union of India judgment and the Bachan Singh case reported in 1980.
    • The government argued that the mode of execution is a “matter of legislative policy” and the death penalty is awarded only in the rarest of rare cases, with only three executions between 2012 and 2015.

    Debate over Death Penalty

    Arguments in favor:

    • Forfeiture of life: Supporters of the death penalty believe that those who commit murder, because they have taken the life of another, have forfeited their own right to life.
    • Moral indignation of the victim: It is a just form of retribution, expressing and reinforcing the moral indignation not only of the victim’s relatives but of law-abiding citizens in general.
    • Highest form of Justice: For heinous crimes such as the Nirbhaya Gangrape Case, no other punishment could have deterred the will of the convicts.
    • Deterrent against crime: Capital punishment is often justified with the argument that by executing convicted murderers, we will deter would-be murderers from killing people.
    • Proportional punishment: The guilty people deserve to be punished in proportion to the severity of their crime.
    • Prevailing lawlessness: The crimes we are now witnessing cannot be addressed by simple punishments. We are seeing horrific attacks on women, young girls, minority communities and Dalits etc.
    • Prevention of crime is non-existent: Despite of stringent regulations, it is certainly visible that some crimes can never be prevented in our society.

    Arguments against:

    • Eye for an eye: Reformative justice is more productive, that innocent people are often killed in the search for retribution, and that “an eye for an eye makes the whole world blind.
    • Deterrence is a myth: Death penalty is not a deterrent to capital crimes state that there is no evidence to support the claim that the penalty is a deterrent.
    • Political tool of suppression: The authorities in some countries, for example Iran and Sudan, use the death penalty to punish political opponents.
    • Reverence for life’ principle: Death penalty is an immoral punishment since humans should not kill other humans, no matter the reasons, because killing is killing.
    • Stigma against killing: With the introduction of lethal injection as execution method, medical professionals participate in executions. Many professionals have now refused to administer such deaths.
    • Skewed justice systems: In many cases recorded by Amnesty International, people were executed after being convicted in grossly unfair trials, on the basis of torture-tainted evidence and with inadequate legal representation.
    • Discriminatory nature: The weight of the death penalty is disproportionally carried by those with less advantaged socio-economic backgrounds or belonging to a racial, ethnic or religious minority.
    • Penalizing the innocents: The risk of executing the innocent precludes the use of the death penalty. Our colonial history has witnessed many such executions.

    Other issues with such executions

    (a) Socio-Economic Factors

    • The recent statistics shows that the death row prisoners in India are more from the backward classes of the society.
    • The death row prisoners belong to backward classes and religious minorities and the majority of convicts’ families are living in adjunct poverty.
    • These people who are backward both in economic and social respects, are not in a position to here expensive lawyers and get proper representation in the Court.

    (b) Delayed Execution

    • The law provides for a long process before the execution of the convicts actually takes place.
    • The unexplained delay in execution can be a ground for commutation of death penalty, and an inmate, his or her kin, or even a public-spirited citizen could file a writ petition seeking such commutation.
    • Their trials are often cruelly forced to endure long periods of uncertainty about their fate.

    Way forward: Law Commission recommendations on death penalty

    The Law Commission of India in its 262nd Report (August 2015) recommended that:

    • Death penalty be abolished for all crimes other than terrorism-related offences and waging war.
    • Measures such as police reforms, witness protection scheme and victim compensation scheme should be taken up expeditiously by the government.
    • It felt that time has come for India to move towards abolition of the death penalty. However the concern is often raised that abolition of death penalty for terrorism-related offences and waging war, will affect national security.

     

  • Key takeaway of the IPCC Synthesis Report

    ipcc

    The IPCC Synthesis Report warns that the world is on track to breach the 1.5-degree Celsius global warming limit by the 2030s, which would cause irrevocable damage to the planet’s ecosystem and severely impact humans and other living beings.

    What is IPCC Synthesis Report?

    • The IPCC Synthesis Report is a summary report produced by the Intergovernmental Panel on Climate Change (IPCC) that presents key findings and policy recommendations from the group’s previous assessment reports.
    • It aims to provide policymakers with a concise overview of the current state of knowledge on climate change, its impacts, and options for mitigation and adaptation.
    • The Synthesis Report is released at the end of each assessment cycle, which typically takes six to seven years, and is approved by representatives from the IPCC’s member governments.

    Intergovernmental Panel on Climate Change (IPCC)

    • The IPCC, an intergovernmental body was established in 1988 by the World Meteorological Organization (WMO) and the United Nations Environment Programme (UNEP).
    • It was later endorsed by the UN General Assembly. Membership is open to all members of the WMO and UN.
    • The IPCC produces reports that contribute to the work of the UN Framework Convention on Climate Change (UNFCCC), the main international treaty on climate change.

     

    Key highlights of the synthesis report

    • Climate extremes on rise: Due to the current global warming levels, almost every region across the planet is already experiencing climate extremes, an uptick in deaths due to heatwaves, reduced food and water security, and damage to ecosystems, causing mass extinction of species on land and in the ocean.
    • High vulnerability: More than three billion people live in areas that are “highly vulnerable” to climate change.
    • Boost up climate finance: The largest gaps in climate finance are in the developing world, but so too are the largest opportunities.

    Key concerns raised

    The report highlights the urgent need for-

    • Limiting the use of fossil fuels
    • Increasing finance to climate investments
    • Expanding the clean energy infrastructure,
    • Reducing nitrogen pollution from agriculture, curtail food waste, and
    • Adopting measures to make it easier for people to lead low-carbon lifestyles

    Conclusion

    • The report adds that there is still a chance to avert this mass-scale destruction, but it would require an enormous global effort to slash greenhouse gas emissions in half by 2030 and completely phase them out by 2050.

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