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  • 73rd establishment day of Supreme Court

    supreme court

    The Supreme Court of India is hosting its celebration of the 73rd anniversary of its establishment today.

    Why in news?

    • This year’s event is being aired on social media platforms and will witness Singapore’s Chief Justice Sundaresh Menon, who is of Indian origin, as the chief guest.

    When was the Supreme Court founded?

    • On January 28, 1950, two days after India became a sovereign democratic republic, the Supreme Court of India came into being.
    • The first CJI of India was H. J. Kania.
    • The inauguration took place in the Chamber of Princes in the Parliament building which was the home to the Federal Court of India for 12 years preceding the Supreme Court’s establishment.
    • The Parliament House was to be the home of the Supreme Court for years that were to follow until the court acquired its own present building with lofty domes and its signature spacious colonnaded verandas in 1958.

    History of established

    • In 1861, the Indian High Courts Act 1861 was enacted to create high courts for various provinces and abolished Supreme Courts at Calcutta, Madras and Bombay and also the sadar adalats in presidency towns in their respective regions.
    • These new high courts had the distinction of being the highest courts for all cases till the creation of the Federal Court of India under the Government of India Act 1935.
    • The Federal Court had jurisdiction to solve disputes between provinces and federal states and hear appeals against judgment of the high courts.

    Premise of the Supreme Court

    • In 1958, when the court shifted its premises, the building was shaped to project the image of scales of justice, in the central wing.
    • In 1979, two new wings – the East wing and the West wing – were added to the complex. In all, there are 19 Courtrooms in the various wings of the building.
    • The Chief Justice’s Court is the largest of the Courts located at the Centre of the Central Wing.

     

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  • What is the North Star?

    north star

    Vice President said Parliament is the “North Star” of democracy, “a place of discussion and deliberation to realize the aspirations and dreams of the people”.

    What is North Star?

    • North Star is a metaphor to refer to something constant/permanent that leads and provides direction.
    • Polaris, also known as the North Star or the Pole Star, is a very bright star (around 2500 times more luminous than our sun) placed less than 1° away from the north celestial pole.
    • Its position and brightness have made humans use it for navigation since late antiquity.
    • It is a part of the constellation Ursa Minor and is around 323 light-years away from Earth.

    How it helps navigation?

    • It stands almost motionless in the night sky, with all the stars of the northern sky appearing to rotate around it.
    • This makes it an excellent fixed point from which to draw measurements for celestial navigation.
    • Simply the elevation of the star above the horizon gives the approximate latitude of the observer and in the northern hemisphere, if you can see Polaris you can always tell which way is north.
    • Upon crossing the equator to the South, the North Star is lost over the horizon and hence stops being a useful navigational aid.

    When the North Star was first used to navigate?

    • Polaris seems to have been first charted by the Roman mathematician and astronomer Ptolemy, who lived from about 85 to 165 B.C.
    • While there does exist some evidence pointing at how the star was used for navigation in late antiquity, it is during the ‘Age of Exploration’ that it becomes such a central part of human history.
    • Christopher Columbus, on his first trans-Atlantic voyage of 1492, “had to correct (his ship’s bearings) for the circle described by the pole star about the pole”, wrote his son in his biography.
    • As European colonizers set sail for exotic locations across the world, the North Star became an ever-so-important feature.

     

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  • Muons and their use to analyse large structures

    muon

    As per a new study, researchers are examining the fortress wall of Xi’an, an ancient city in China, by using tiny outer space particles ‘Muon’ that can penetrate hundreds of metres of stone surfaces.

    What are Muons?

    • Muons are subatomic particles raining from space.
    • They are created when the particles in Earth’s atmosphere collide with cosmic rays — clusters of high-energy particles that move through space at just below the speed of light.
    • About 10,000 muons reach every square metre of the Earth’s surface a minute.
    • These particles resemble electrons but are 207 times as massive.
    • Therefore, they are sometimes called “fat electrons”. Because muons are so heavy, they can travel through hundreds of metres of rock or other matter before getting absorbed or decaying into electrons and neutrinos.
    • In comparison, electrons can penetrate through only a few centimetres. Muons are highly unstable and exist for just 2.2 microseconds.

    What is muon tomography or muography?

    • Muography is conceptually similar to X-ray but capable of scanning much larger and wider structures, owing to the penetration power of muons.
    • As these high-energy particles are naturally produced and ubiquitous, all one needs to do is place a muon detector underneath, within or near the object of interest.
    • The detector then tracks the number of muons going through the object from different directions, to form a three-dimensional image.

    Muons and archaeology

    • The technique was first used in the late 1960s, when Nobel Laureate and US experimental physicist Luis Alvarez joined hands with Egyptologists to search for hidden chambers in the Pyramid of Khafre, Giza.
    • Nothing was found at the time.

    Recent feats achieved

    • In 2017, modern archaeologists repeated the experiment with more sophisticated and advanced muon detectors and stumbled upon a major finding.
    • By placing several detectors, the archaeologists were able to discover a previously unknown chamber at least 30 metres long.
    • It was the first major inner structure to be found in the pyramid since the 19th century.

    Uses of muography beyond archaeology

    • Apart from archaeology, muography has found use in customs security, internal imaging of volcanoes and others.
    • Around 2015, scientists used the technique to look inside the Fukushima nuclear reactors after the 2011 earthquake and tsunami in Japan.
    • As the site was highly radioactive, they put the two muon detectors in 10 centimetres thick boxes to protect them from radiation and then carried out the scanning.
    • Muography is also being used by researchers to analyse Mount Vesuvius, a volcano in Italy.

     

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  • Crackdown against child marriage in Assam

    child marriage

    Context

    • The United Nations Sustainable Development Goals call for global action to end human rights violations by 2030. There has been tremendous development in India on that front, as seen, for example, in the decline in child marriage from 47.4 per cent in 2005 to 23.3 per cent in 2021. The year 2021 also marked a 50 per cent decline in child marriage in South Asia.

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    Why in news?

    • Assam Chief Minister Himanta Biswa Sarma has launched a state-wide crackdown against child marriage.
    • Booking men marrying girls below 14 years of age under the Protection of Children from Sexual Offences (POCSO) Act, and those marrying girls aged 14-18 under the Prohibition of Child Marriage Act.
    • The CM has also announced that the police will retrospectively book people who participated in child marriage in the last seven years.

    child marriage

    Background: Data from Assam

    • Maternal mortality rate in Assam: According to data given by the Registrar General of India in 2022, Assam has the highest maternal mortality rate in the nation, with 195 fatalities per one lakh live births in the years 2018 to 2020.
    • Infant mortality rate in Assam: With 32 newborn deaths for every 1,000 live births, Assam has the third highest infant mortality rate, according to the National Family Health Survey-5.
    • Government’s aim to address the issue: The Assam government has declared that its aim is to confront the high maternal mortality and infant mortality rates in the state, which it has linked to early motherhood.

    What is Child Marriage?

    • Child marriage refers to any formal marriage or informal union between a child under the age of 18 and an adult and another child.
    • The Prohibition of Child Marriage (Amendment) Bill, 2021, fixes 21 years as the marriageable age for women.

    Effect of Covid-19 Pandemic

    • According to estimates by UNICEF, 10 million more girls were at risk of becoming child brides globally because of the pandemic, affecting the prosperity and growth of communities and nations for generations.
    • India has been working to ensure it doesn’t lose the momentum gained in dealing with the scourge of child marriage.

    child marriage

    How child marriage is negatively correlated to national development?

    • Impact on basic rights: Child marriages deny a child his/her basic right to education, health, and the freedom to build full, thriving lives.
    • Increased susceptibility to abuse and violence: There is overwhelming evidence that child marriage renders girls more susceptible to abuse, violence, and exploitation.
    • Gender Inequality: Child marriage is a gendered form of violence a cause and effect of gender inequality and discrimination and is a significant challenge facing girls and their families throughout the developing world.
    • Disturbed childhood: Child marriage conclusively devastates a girl’s childhood, saddling her with adult responsibilities before she is physically and mentally mature.
    • Increased risk of forced pregnancy and maternal mortality: With little bodily autonomy, child brides are more likely to undergo forced pregnancy, increasing the likelihood of maternal and infant mortality.
    • Negative effect on education: A girl’s education is less likely to be valued evidence is clear that girls with less education are more likely to marry young, and child marriage typically ends a girl’s education.
    • Support systems declines: The lack of education and isolation from peers further shrink a child bride’s support systems. Without skills or mobility, her ability to overcome poverty for herself and her children is hindered.
    • Negative impact on community and national development: These social and economic vulnerabilities that child brides live with impinge on their ability to contribute to their community’s and country’s growth and development.
    • Intergenerational consequences: They are also more likely to experience intimate partner violence and have worse economic and health outcomes than their single peers, which eventually trickles down to their own offspring, placing further strain on the nation’s ability to offer quality healthcare and education.

    Prevalence of child marriage in India

    • Though legislation prohibiting child marriage in India has been in place since 1929, the majority of child brides in the world 223 million of them, or one-third of the total live in India.
    • Despite it being illegal for girls under the age of 18, and for boys under the age of 21, to marry in India under the Prohibition of Child Marriage Act, 2006, the UNFPA-UNICEF estimates indicate that at least 1.5 million underage girls get married annually here.
    • Ending the practice of child marriage is crucial to address the several human rights violations that stand in the way of gender equality for girls.

    child marriage

    Understanding the key drivers behind child marriage is necessary to combat it

    • Common reasons: While the origins of the practice differ across nations and cultures, it is perpetuated by poverty, lack of educational opportunities, and limited access to healthcare.
    • Financial burden: Some families choose to marry off their daughters in order to reduce their financial burden. Other reasons cited are shrinking living spaces and increasing concerns about adolescent girls’ safety.
    • Mentality of securing daughter’s future: Families also act in this manner because they think it will protect their daughters’ futures. The practice is also supported by gender roles and marriage-age norms, stereotypes, and the socioeconomic risks of unmarried pregnancies.

    child marriage

    Conclusion

    • Though legal protections and their strict implementation are important, they form only one part of the solution. To end child marriages, state and non-state actors alike must put girls, across the diverse spectrum of society and marginality, at the centre of the solution. The state can penalise and criminalise the act, but society at large has the important role to play.

    Mains question

    Q. Highlight the key drivers behind child marriage and Discuss how child marriage is negatively correlated to national development?

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  • FREE CSAT Masterclass: 15 *Golden Hacks* for clearing CSAT | UPSC Prelims 2023 special session by Zeeshan sir, a senior IAS mentor

    FREE CSAT Masterclass: 15 *Golden Hacks* for clearing CSAT | UPSC Prelims 2023 special session by Zeeshan sir, a senior IAS mentor

    Concluded successfully on 6th February (Monday) | A must for non-science/ non-engineering background aspirants | Get FREE PDF, Telegram group link, and mentorship session

    (CLICK) & Register for FREE recorded CSAT Masterclass by Zeeshan sir

    As a UPSC aspirant, you’re no stranger to the pressure and competition that comes with preparing for one of the most prestigious exams in the country.

    But the mysterious, unpredictable, and devious nature of CSAT paper can send shivers down the spine of even the veteran UPSC aspirants. AIR 109, Areeba; IPS Shubham Nagargoje; and many such aspirants have failed to clear Prelims due to CSAT in their UPSC journeys at one point in time or the other.

    15 Golden Hacks by Zeeshan sir will help in balancing CSAT-GS preparation for UPSC Prelims 2023

    Also, you’ve likely heard the myths: only engineers or those with strong math and English skills can succeed in CSAT. But that couldn’t be further from the truth. In reality, anyone with the right strategy and bent of mind with smart preparation can score 90+ in CSAT.

    That’s why we’re thrilled to announce a special masterclass with Zeeshan Sir, who has demonstrated this time and again.

    This masterclass is completely free and open to all UPSC aspirants, but seats are limited. Don’t miss your chance to learn from the best and take your CSAT preparation to the next level.

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    Don’t let CSAT kill your UPSC dream.

    Outcomes aren’t in your hand but efforts are.

    CSAT MASTERCLASS DETAILS

    Date and Time: 6th February, 7:30 pm (Monday)

    Link: Zoom link will be shared on email post registration

    FREE Entry but limited seats

    Book your FREE recorded CSAT Masterclass now!

    Important Takeaways:

    1. 15 Golden Hacks by Zeeshan sir. We will also share a PDF of these so please register.
    2. Trend analysis of the last 4 years of CSAT paper. How UPSC CSAT has been evolving, changing patterns and difficulty levels?
    3. How to deal with maths and logical reasoning questions irrespective of your academic background?
    4. Balancing CSAT and GS preparation? Avoid over-preparing or under-preparing for CSAT.
    5. How do select topics and sections which are high scoring and have a high return of investment wrt time spent during preparation?
    6. List of super easy topics for CSAT that you must not ignore.
    7. From where and how to start reading and practicing comprehension. How many comprehensions you should try to solve in the paper?
    8. How to approach the CSAT paper for best time management and high score?
    9. How to use smart elimination techniques in CSAT paper? The most important part of this webinar masterclass.
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    CivilsDaily’s FREE Webinar package

    Post-webinar we will share important PDFs, timetable framework, and notes.

    Other than this a strategy package will be emailed to you.

    Note: Entry is on a first-come, first-served basis. Limited seats are available.

    What do our students have to say about Zeeshan sir’s CSAT and Prelims sessions?

    6th February (Monday) | 1-1 LIVE Masterclass on Clearing CSAT is easy even if you are terrible in maths and belong to a non-science or engineering background by Zeeshan Hashmi sir.

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  • Budget and the Health expenditure

    expenditure

    Context

    • In her 2023-24 Union Budget speech, the finance minister announced that the total central government budget for health (not including research) will be roughly Rs 86,175 crore ($10 billion) that is, roughly Rs 615 for every citizen. This is a 2.7 per cent increase from the previous fiscal year and lower than the rate of inflation.

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    expenditure

    Government’s current Health spending

    • Current health spending lower than middle income countries: India currently spends about Rs 8 lakh crore ($100 billion) or about 3.2 per cent of its GDP on health. This is much lower than the average health spending share of the GDP at around 5.2 per cent of the Lower- and Middle-Income Countries (LMIC)
    • Health expenditure in India compared to other countries: Of this, the government (Centre and states put together) spends about Rs 2.8 lakh crore (about $35 billion) roughly 1.1 per cent of the GDP. Contrast this with the government health expenditure in countries like China (3 per cent), Thailand (2.7 per cent), Vietnam (2.7 per cent) and Sri Lanka (1.4 per cent).

    How health expenditure affects people especially poor?

    • Hospitalisation cost for a day: A Day of hospitalisation at a public hospital is estimated at Rs 2,800. At a private hospital, it is Rs 6,800.
    • Disproportionate financial impact on poor households: A greater proportion of disposable incomes is taken away from a poor household as compared to a non-poor one, further broadening the gap between the two.
    • Impact of Health expenditure on employment and income: If sickness hits a working member of the household, she/he must often withdraw from active employment and their main source of income dries up at the time when they urgently need more money for treatment.
    • Sell or mortgage of assets to cover treatment costs: Households have to often sell or mortgage their productive assets, such as land and cattle, to cover the treatment costs.
    • Burden of health expenditures on vulnerable populations: The poor, elderly and sick are already at a disadvantage and the burden of health expenditure makes this even worse.
    • Falling into poverty due to health expenditures: This further reduces their capacity to bounce back. According to the WHO, 55 million people fall into poverty or deeper poverty every year due to catastrophic expenditures on health.

    expenditure

    Areas where greater spending by the government could help in the immediate term

    • Focus should be balanced for both communicable and noncommunicable: The National Health Mission allocates less than 3 per cent (Rs 717 crore) to non-communicable diseases (NCDs) compared to communicable diseases and reproductive and child health services, despite NCDs causing more than half of the total burden of disease and this proportion further increases in both rural as well as urban areas.
    • Public health and primary health care focus on rural areas: Urban areas have poorly developed infrastructure for primary care even if secondary and tertiary health care services are better. For example, immunisation coverage is now lower in urban India than in rural India. A third of the country now lives in urban areas and greater resources are needed to improve health here.
    • Health research has been neglected for too long: The allocation for the Department of Health Research in this year’s budget is Rs 2,980 crore, flat from last year. Spending Rs 20 per Indian is inconsistent with the need for innovations and technologies in the sector. The bulk of the resources provided to the Indian Council of Medical Research goes towards maintaining a large payroll of scientists and the output is poor.

    Way forward

    • Maximizing India’s potential: India stands on the brink of a massive opportunity. Quality education and health for the 26 million children born each year and the 65 per cent of the population under the age of 35 could help provide a workforce that would propel India forward.
    • Harnessing the Demographic Dividend: India has a growing working-age population, but needs urgent action to harness the demographic dividend and potentially become a developed country within a generation.
    • Adopting Competitive funding System for health research: India should adopt a competitive grant system for government-funded health research like other successful countries, to encourage top-notch research. The Wellcome Trust/DBT-India Alliance is a successful example of this system.

    Conclusion

    • The health (and education) of Indians is the most important determinant of what the country can achieve during the next 25 years of Amrit Kaal. We must find ways to both find more money for health, and also more health for the money to ensure that all Indians achieve their true potential.

    Mains question

    Q. Highlight the present status of Government’s healthcare spending. How out of pocket health expenditure affects people especially poor? Suggest what government must do and areas where it must focus in the immediate term?

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  • Artificial intelligence(AI): An immediate challenge flagged by ChatGPT

    AI

    Context

    • With the launch of Open AI’s ChatGPT late last year, the impending changes in the nature of work, creativity and economy as a whole have moved from being the subject of futuristic jargon to an immediate challenge.

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    Background

    • Since at least 2015 when Klaus Schwab popularised the term Fourth Industrial Revolution at that year’s World Economic Forum terms like 4IR, Artificial Intelligence (AI), Internet of Things, Future of Work, entered the lexicon of politicians, bureaucrats, consultants and policy analysts.

    Sample developments over just the last few days

    • A judge in Colombia included his conversations with ChatGPT in a ruling;
    • Microsoft is integrating the bot with its search engine, Bing, and other products;
    • Google is reportedly trying to launch a similar tool and there are reports that ChatGPT can already code at entry level for Google engineers.

    What are the Concerns?

    • Lifestyle may become redundant: Concerns about plagiarism in universities and beyond, as well as the fear that many white-collar jobs may become redundant in the coming years, as AI becomes more ubiquitous and sophisticated.
    • Implications on labour, education and authenticity: The AI revolution is likely to have serious implications on labour, education, authenticity of content and its authorship, and much else.
    • Case of Social media’s influence in US elections: The concerns around social media’s influence on politics and society became sharp in the aftermath of the 2016 US presidential elections and accusations of voter manipulation by foreign agents. Much of the world is still struggling with the questions raised then.

    AI

    Do you what exactly ChatGPT is?

    • Simple definition: ChatGPT is a chatbot built on a large-scale transformer-based language model that is trained on a diverse dataset of text and is capable of generating human-like responses to prompts.
    • A human like language model: It is based on GPT-3.5, a language model that uses deep learning to produce human-like text.
    • It is more engaging with details: However, while the older GPT-3 model only took text prompts and tried to continue on that with its own generated text, ChatGPT is more engaging. It’s much better at generating detailed text and can even come up with poems.
    • Keeps the memory of the conversations: Another unique characteristic is memory. The bot can remember earlier comments in a conversation and recount them to the user.
    • Human- like resemblance: A conversation with ChatGPT is like talking to a computer, a smart one, which appears to have some semblance of human-like intelligence.

    AI

    Anticipating possible futures requires engagement with the opportunities

    • The Struggle to keep up with technology in policymaking:
    1. Governments worldwide face a challenge in creating policies that keep up with the rapid pace of technological advancement.
    2. Policymakers should understand that they must work to bridge the gap between technology and regulation, as a growing divide could lead to problems.
    • Preparing for technological change in education and workforce:
    1. In addition to creating regulations that support innovation, it’s crucial to plan for the changes that new technology will bring to education and employment.
    2. This includes anticipating new job types and skills required, as well as updating the education system to prepare future workers.
    • Importance of Preparing for technological change for India:
    1. India has been facing the challenge of balancing privacy and regulation in the handling of data for several years.
    2. Successfully adapting to technological changes is crucial for India to make the most of its large, young workforce. If not addressed in time, the consequences could be severe

    Conclusion

    • The transformations the new technology is bound to bring about must be met with swift adjustments in the broader national and international legal and policy architecture. The lag between technology innovation and policy that was seen with the rise of Big Data and social media can serve as a lesson.

    Mains Question

    Q. With the rapid innovations and launching of Artificial intelligence models everyday will change the nature of work, creativity and economy as a whole. comment

  • [Burning Issue] Relevance of Mahatma Gandhi

    gandhi

    Context

    • This year’s 30th January marks the 75th death anniversary of the Father of the Nation- MK Gandhi. Also, a movie named “Gandhi-Godse: Ek Yudh” was recently released highlighting the different aspects related to the assassination of Gandhi.
    • In this context, this edition of the burning issue will elaborate on Gandhiji and his ideas and their relevance in the modern world.

    About Mahatma Gandhi

    • Mohandas Karamchand Gandhi, popularly known as Mahatma Gandhi, is regarded as the Father of the Nation. Gandhi was born on 2nd October,1869 in Gujarat and studied law at the Inner Temple, London.
    • Gandhi was a social reformist and leader of the Indian Independence Movement who introduced the idea of non-violent resistance called Satyagraha.
    • After organizing a civil disobedience movement for Indians living in South Africa, he returned to India in 1915. In India, he set out on a train journey to different parts of the country trying to understand the problems of farmers, peasants and urban laborers and organizing protests for them.
    • He assumed the leadership of the Indian National Congress in 1921 and rose to become its most prominent leader and iconic figure in Indian politics.
    • Gandhi also wrote extensively for various newspapers and his symbol of self-reliance – the spinning wheel – became a popular symbol of the Indian Independence Movement.
    • Gandhi played a key role in pacifying people and averting the Hindu-Muslim riots as tensions rose before and during the partition of the country. He was shot dead by Nathuram Godse on January 31, 1948.

    What happened after Gandhi’s Assassination?

    • Mahatma Gandhi was walking towards the prayer mandap at Birla House in Delhi when 35-year-old Nathuram Godse came before him and pulled out a pistol from his pocket. He fired three shots from point-blank range that hit Gandhi in the chest, stomach, and groin. Within 15 minutes, the Father of the Nation was dead.
    • Godse was apprehended by military personnel who were at the spot, and his pistol was snatched away. The assassin was beaten by the crowd before police took him into custody. Subsequently, he was lodged at a police station on Tughlaq Road, where an FIR was registered. The trial began in May 1948 at a special court set up in Delhi’s Red Fort.
    • The judgment was pronounced on February 10, 1949. Judge Atma Charan convicted Godse, Apte, and five others of the crime. Both Godse and Apte were sentenced to death. Savarkar was acquitted.
    • The hanging of Godse and Apte became inevitable after the Governor-General of India rejected their mercy petitions. Godse’s mercy petition was filed by his parents, not him. Both men were hanged on November 15, 1949, in Ambala jail.

    Ideas of Mahatma Gandhi

    Concept of Non-Violence:

    • Gandhi adopted the word ‘non-violence’ which means refraining from the use of physical force capable of causing injury or death to the opponent. Even though Gandhi admits that he could not succeed in defining ahimsa fully the meaning of this word developed further in the hands of Gandhi. Ahimsa means and includes non-violence in thoughts, words and deeds toward all sentient beings.

    Concept of Satyagraha:

    • The term satyagraha is derived from a compound word in Sanskrit, Satya and agraha. Satya means that which is in accordance with sat or being, that is, truth. Agraha means holding fast, adherence or insistence. Thus, the compound word satyagraha means clinging to truth, holding fast to truth, insistence on truth or firm adherence to truth. In the socio-political field satyagraha was a kind of resistant movement against unjust laws. He adopted the term satyagraha which would give almost the same meaning of ‘Passive Resistance.’

    Concept of Nai Talim:

    • The phrase Nai Talim is a combination of two words- Nai Means ‘New’ and Talim – an Urdu word-means ‘Education’. In 1937, Gandhiji introduced the concept of Nai Talim in India. It aimed to transform the Indian education system which was based on colonial education at that time. It is an approach to the total personality development of the body, mind and spirit of the students

    Concept of Trusteeship:

    • Trusteeship is a socio-economic philosophy developed by Mahatma Gandhi as a part of his nonviolent revolution. It is a concept where a person voluntarily gives up or renounces his right to the money earned by him and dedicates it to the welfare of the poor section of society.

    Pillars of Gandhi’s philosophy

    The main pillars of Gandhi’s philosophy were non-violence, tolerance of others, respect for all religions, and simple life.

    Compassion:

    • Gandhi believes that the true core of a person is the part that is not selfish and which works for others.  He is saying that the essence of what we are (the thing that we have to find) is caring for others. 

    Truth:

    • Gandhi, in short, was a leader looking for a spiritual cause. He found it, of course, in his non-violence and, ultimately, in independence for India. Truth, Satya, was the central axis of the Gandhian system of thought and practice. For Gandhi, everything turned on Truth – satyagraha, swaraj, ahimsa, ashram, brahmacharya, yajna, charkha, khadi, and finally, moksha itself. Gandhi’s life and ideas are arranged around the axial principle of Truth.

    Secular:

    • Gandhi made great use of the Bible in his prayers, teachings, writings and Ashram liturgies. He was often accused of being a crypto-Christian. Gandhi considered interculturalism as a call for simultaneous awareness of commonalities, acceptance of differences, and recognition of shared values.

    Honesty:

    • Gandhi had a blend of sincerity and efficiency bringing forth the most positive strength. Gandhi accomplished any given task with honesty and diligence. Once a decision was made he gave his all to it. He used to follow up till the end of the task. He used to be positive even under all difficult circumstances and had an optimistic view of life and never lost hope. He maintained impeccable integrity in individual life and public conduct

    Dignity:

    • He looked at life holistically and worked with utmost concentration. He treated all work as a God-given gift and all jobs were of equal importance. He had a keen desire to restore the dignity of all human beings. Advanced on the path of morality, spirituality and ethical progress by being firm on Truth 

    Some famous quotes from Gandhiji

    ·         “I understand democracy as something that gives the weak the same chance as the strong.” 

    ·         “A man is but the product of his thoughts. What he thinks, he becomes.”

    ·         “If instead of insisting on rights, everyone does his duty, there will immediately be the rule of order established among mankind”

    Global impact of Gandhi

    • Historians say Gandhi proved that one man has the power to take on an empire, using both ethics and intelligence. Other peaceful resisters such as Martin Luther King Jr. during the 1960s civil rights movement and Tibet’s Dalai Lama have emulated his methods in years since, shaking up the dynamic of world politics in the process.
    • Martin Luther King Jr. is said to have been heavily influenced by Gandhi’s philosophy of non-violence, believing it to be the only logical approach to the problem of race relations in America.
    • Gandhi-King Initiative: The initiative is an exchange program between India and the U.S. to study the work and legacies of Gandhiji and civil rights leader Martin Luther King Jr. It will establish annual scholar and student exchange programs for Indians and Americans to study the leaders’ legacies and visit historic sites in India and the U.S. The visits will be relevant to India’s freedom struggle and the U.S.’s civil rights movement.
    • Impacted the world leaders: He firmly believed that the spirit of genuine reciprocity and solidarity is not just a moral requirement, but also a geopolitical necessity. The Gandhian technique of mobilizing people has been successfully employed by many oppressed societies around the world under the leadership of people like Martin Luther King in the United States, Nelson Mandela in South Africa, Aung San Suu Kyi of Myanmar which is an eloquent testimony to the continuing relevance of Mahatma Gandhi.

    But then, why he is criticized also?

    • In South Africa, academics Ashwin Desai and Goolam Vahed, in their book The South African Gandhi: Stretcher-Bearer Of Empire, have questioned Gandhi’s role in upholding the British empire and fighting only for the rights of Indians, and not of others, there.
    • His statue in Johannesburg was once smeared with white paint (symbolically implying that Gandhi was an apologist of the country’s Whites). South African cities have debated whether or not to have more commemorations. A university in Ghana has removed a Gandhi statue because of his allegedly “racist” views on ethnic Africans. 
    • Jawaharlal Nehru was a believer in the non-violent satyagraha politics that Mahatma Gandhi espoused during the freedom struggle. But on the finer points of politics, Nehru differed vastly from Mahatma Gandhi. Mahatma Gandhi believed in dharma-based politics while Nehru’s ideas of politics were deeply entrenched in democratic socialist principles. Mahatma Gandhi looked for continuity in India’s socio-political fabric by doing away with certain “impurities” that had crept in. Nehru advocated a reform towards modernity.
    • Nehru did not approve of Gandhi’s economic ideals that called for the only limited adoption of modern technological progress. Nehru, on the other hand, rejected these ideas and favored big factories based on the latest technologies.
    • BR Ambedkar also criticized Gandhi. Gandhi believed that the caste system was the basis of Indian society, particularly the majority Hindu community. Mahatma Gandhi opposed caste discrimination but he did not reject the social structure that bred bias against people based on their birth.
    • Ambedkar, on the other hand, held the caste system as the root of all the social evils that Indian society faced. He also rejected Mahatma Gandhi’s idea of making the village a unit of administration. Ambedkar favored a wholesome change in the village structure as he believed that the village was the breeding ground for caste discrimination and communalism.

    But his ideas and principles are still relevant today, like

    Ahimsa:

    • Mahatma Gandhi’s principle of non-violence is very relevant as the world faces terrorism and other forms of violence. In present times, the ideal of non-violence needs to guide the approach of individuals and nations, and world organizations, like violence, initiate a vicious circle of repression and injustice.

    Satyagraha: 

    • Gandhiji called the general method of nonviolent action ‘Satyagraha’. It is the expression of the purest spiritual power against all injustice, oppression, and exploitation. Satyagraha was thought of as the moral alternative to war. 
    • Anna Hazare’s anti-corruption protest for Lokpal, and the farmer’s protests against the Farm Laws have also resorted to non-violence satyagraha to meet their demands.

    Swadeshi: 

    • Indigenous peoples focus on political and economic action inside and outside their communities. It is the interdependence of community and self-reliance. Gandhi’s thought of swadeshi is still prevalent in our society, by taking steps towards making India self-reliant.
    • During the Covid times, when India was witnessing a severe economic crisis, Prime Minister Narendra Modi called ‘Atma Nirbhar Bharat‘, the second version of Swadeshi. This swadeshi form aims to make the country self-reliant. In order to free the country from the shackles of hunger, unemployment, and poverty, swadeshi is the best path to unshackle these.

    Secularism:

    • Gandhiji was tolerant of all religions. Today, the world needs more and more religious and intelligently tolerant people in societies where violence is perpetrated in the name of religion. In society, tolerance helps to neutralize religion, caste, ethnicity, region, etc. in the world, based on day-to-day ethnic-Centered prejudices. 

    Communal Harmony: 

    • Gandhi always made an effort for Hindu-Muslim unity. At the present time, this ideology is equally significant. If Hindus and Muslims are united, the country can reach the heights of becoming a world power. A person should always respect others’ faith. Cases of mob lynching are also violating the Gandhian ideology of communal harmony, so steps should be taken in this direction.

    Decentralization: 

    • The Gandhian idea of decentralization was implemented in democracies through the 73rd and 74th amendments, which empowered local self-governments at the grassroots level. Indian Government, for instance, has implemented local self-government by adopting the Panchayati Raj and Municipality system in rural and urban areas, respectively, and providing them with some subjects under the state list. This ideology of Gandhi is still relevant and plays a vital role in India’s grass root development.

    Cleanliness: 

    • Gandhi paid great attention to purity, or cleanliness and was a staunch advocate of ‘Swachhata’. He used to say, “Cleanliness hi Seva.” India’s most significant cleanliness initiative, the recently implemented Swachh Bharat Abhiyan, fulfills Bapu’s dream of making India clean.

    Sustainable Environment: 

    • Gandhi always spoke of the minimization of wants and advocated a nature-friendly idea. Gandhi believed that “there is enough on earth for human needs but not enough for human greed.” These lines from Mahatma Gandhi show how human behavior destroys nature, and there is a need for a sustainable lifestyle in our times. 
    • The world revolves around global warming, climate change, and resource depletion, and all environmental covenants and sustainable development efforts must implement Gandhi’s philosophy.

    Women Emancipation: 

    • Gandhi played a vital role in bringing women out of their domestic work and involved them in public life. He was against the patriarchal form of society. With glass ceilings still far from being shattered in the public sphere, the Gandhian thought of women’s emancipation remains relevant.

    Conclusion

    • Albert Einstein explained Gandhiji’s importance in the following quote, “Generations to come, it may well be, will scarce believe that such a man as this one ever in flesh and blood walked upon this Earth.” The quote is sufficient to summarize the personality of Mahatma Gandhi.
    • Gandhi’s thought was an inspiration for society. Ultimately, all ideas and thoughts of the Mahatma were reached by him via lifelong experimentation with truths, which makes Gandhian thoughts more significant in the present era.
    • In order to become a superpower during the ‘Amrit Kaal’, India should pay homage to Gandhian ideology and walk in the assigned path.

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  • Two years of Myanmar Coup and Concerns for India

    myanmar coup

    It is exactly two years since the Myanmar army seized power.

    Myanmar Coup: A quick recap

    • A coup in Myanmar began on the morning of 1 February 2021, when democratically elected members of the country’s ruling party, were deposed by the Tatmadaw—Myanmar’s military.
    • The coup occurred the day before the Parliament of Myanmar was due to swear in the members elected at the 2020 election, thereby preventing this from occurring.
    • Pivot leader Aung San Suu Kyi was detained, along with ministers, their deputies, and members of Parliament.

    India’s continuing policy tightrope in Myanmar

    • For some three decades, India has pursued a ‘Dual-Track Policy’ which essentially means doing business with the junta.
    • India shares a 1,600 km border with Myanmar along four NE states.
    • It has a maritime boundary in the Bay of Bengal, the failure of the Myanmar state presents a foreign policy dilemma that it is struggling to resolve.
    • It has ruled over Myanmar for all but five years since 1990, with tea and sympathy for the pro-democracy forces.

    Why in news now?

    Ans. Pro-democracy armed rebellion within

    • Hundreds of armed pro-democracy civilian resistance groups (People’s Defence Forces) are fighting the junta and turning swathes of the country into no-go areas for the army.
    • In addition some among the two dozen ethnic armed organisations (EAOs) that have been fighting the Myanmar state for autonomy for the last seven decades, have joined hands with the PDFs.

    India’s concerns

    • Chinese inroads: Over the last two decades, as China with its deep pockets emerged as a rival in the region, engaging with the junta was also seen as a way to retain Indian influence in Myanmar.
    • No democratic restoration: Delhi had to calibrate this engagement during the “democratic transition” of the last decade and rebalance the dual track.
    • Narrowed interests: These are becoming apparent, even going by India’s narrowly defined national interests: border security management, and restricting China in Myanmar.
    • Limitations to strategy: India has limited to its old template of engagement— doing business with the military regime, encouraging it restore democracy, and offering sympathy to democratic forces.

    Recent success: Completion of Sittwe Port

    • In the first week of January, Sittwe port, developed by India as part of the Kaladan project, was ready for operation.
    • It is set to be inaugurated soon.

    Five ways in which India’s calculations have been upset

    • Bluff over connectivity: While maritime trade was one objective, the primary objective of this project, to provide alternate access to India’s landlocked north-east states, now seems like a bridge too far.
    • Huge refugee influx: Mizoram is hosting tens of thousands of refugees from the adjoining Chin state in Myanmar. Refugees have come into other Northeastern states, though in fewer numbers.
    • Clouds of terrorism: More dangerously, the recent bombing by the Myanmar Air Force of a Chin militia headquarters on the border with Mizoram, with shrapnel hitting the Indian side during this operation, triggered panic in the area.
    • Narcotics smuggling: Another potential cross-border spillovers is contained in the latest report of the UN Office for Drugs and Crime on Myanmar (Myanmar Opium Survey).
    • Supporting insurgents in India: Myanmar junta has recruited Indian insurgent group (IIGs) in regions adjoining Manipur and Nagaland to fight against the local PDFs and other groups.
    • Worsening of Rohingya crisis: The military cannot resolve the Rohingya crisis, another regional destabilizer.

    Way forward for India

    • Championing this cause in G20: India has projected its year-long presidency of the G20 as an opportunity to project the voice of the global south.
    • Extra-diplomatic engagement: India can open channels to the democratic forces and to some ethnic groups; it can work more actively with ASEAN; it could open an army-to-army channel with the junta; increase people-to-people channels; offer scholarships to Myanmar students like it did for Afghan students in a different era.
    • Ensuring fair elections: The junta is mulling elections later this year after rejigging the first-past-the-post system to proportional representation to undermine the NLD’s electoral might.

     

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  • Back in news: Collegium System

    collegium

    The Centre has told the Supreme Court that it would soon clear five names that were recommended by the collegium for appointment of judges in the apex court.

    What is Collegium System?

    • The Collegium of judges is the Indian Supreme Court’s invention.
    • It does not figure in the Constitution, which says judges of the Supreme Court and High Courts are appointed by the President and speaks of a process of consultation.
    • In effect, it is a system under which judges are appointed by an institution comprising judges.
    • After some judges were superseded in the appointment of the CJI in the 1970s, and attempts made subsequently to effect a mass transfer of High Court judges across the country.
    • Hence there was a perception that the independence of the judiciary was under threat. This resulted in a series of cases over the years.

    Evolution: The Judges Cases

    • First Judges Case (1981) ruled that the “consultation” with the CJI in the matter of appointments must be full and effective.
    • However, it rejected the idea that the CJI’s opinion, albeit carrying great weight, should have primacy.
    • Second Judges Case (1993) introduced the Collegium system, holding that “consultation” really meant “concurrence”.
    • It added that it was not the CJI’s individual opinion, but an institutional opinion formed in consultation with the two senior-most judges in the Supreme Court.
    • Third Judges Case (1998): On a Presidential Reference for its opinion, the Supreme Court, in the Third Judges Case (1998) expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues.

    The procedure followed by the Collegium

    Appointment of CJI

    • The President of India appoints the CJI and the other SC judges.
    • As far as the CJI is concerned, the outgoing CJI recommends his successor.
    • In practice, it has been strictly by seniority ever since the supersession controversy of the 1970s.
    • The Union Law Minister forwards the recommendation to the PM who, in turn, advises the President.

    Other SC Judges

    • For other judges of the top court, the proposal is initiated by the CJI.
    • The CJI consults the rest of the Collegium members, as well as the senior-most judge of the court hailing from the High Court to which the recommended person belongs.
    • The consultees must record their opinions in writing and it should form part of the file.
    • The Collegium sends the recommendation to the Law Minister, who forwards it to the Prime Minister to advise the President.

    For High Courts

    • The CJs of High Courts are appointed as per the policy of having Chief Justices from outside the respective States. The Collegium takes the call on the elevation.
    • High Court judges are recommended by a Collegium comprising the CJI and two senior-most judges.
    • The proposal, however, is initiated by the Chief Justice of the High Court concerned in consultation with two senior-most colleagues.
    • The recommendation is sent to the Chief Minister, who advises the Governor to send the proposal to the Union Law Minister.

    Does the Collegium recommend transfers too?

    • Yes, the Collegium also recommends the transfer of Chief Justices and other judges.
    • Article 222 of the Constitution provides for the transfer of a judge from one High Court to another.
    • When a CJ is transferred, a replacement must also be simultaneously found for the High Court concerned. There can be an acting CJ in a High Court for not more than a month.
    • In matters of transfers, the opinion of the CJI “is determinative”, and the consent of the judge concerned is not required.
    • However, the CJI should take into account the views of the CJ of the High Court concerned and the views of one or more SC judges who are in a position to do so.
    • All transfers must be made in the public interest, that is, “for the betterment of the administration of justice”.

    Need for Collegium System

    • Collegium system increases secrecy: Ruma Pal, a former Judge of the Supreme Court of India, stated that this system is one of the best kept secret in the country. It kept secret within the four walls of the body for proper and effective functioning of the institution that makes the system opaque.
    • Political non-interference: The collegium system makes Judiciary independent from the politics. It separates the judiciary from the influence of executive and legislative. With the Govt’s influence judiciary can work without any fear and any sort of favour. This ensures the regulation of the doctrine of separation of power.
    • Ensures merit: The executive organ is not specialist or does not have the knowledge regarding the requirements of the Judge as comparative to the CJI. Collegium system ensures that the deserving one is sitting in the position of the Judge in Supreme Court.

    Loopholes in the Collegium system

    • Lack of Transparency: Opaqueness and a lack of transparency, and the scope for nepotism are cited often.
    • Judges appointing Judge: The attempt made to replace it with a ‘National Judicial Appointments Commission’ was struck down by the court in 2015 on the ground that it posed a threat to the independence of the judiciary.
    • Criteria: Some do not believe in full disclosure of reasons for transfers, as it may make lawyers in the destination court chary of the transferred judge.

    A critical assessment

    • No guidelines framework: This system does not provide any guidelines in selecting the candidates for the judge position of the Supreme Court because of which it leads to wide scope for the nepotism and favoritism.
    • No checks and balances: This system gives the immense power to Judiciary to appoint Judges, so the check on the excessive powers would not be ensured and misuse of powers can be done.
    • Judiciary is nowhere accountable: The collegium system is not accountable to any administrative body that may lead to wrong choice of the candidate while overlooking the right candidate.
    • Huge workload leaves no room: Already there are many cases pending in the Court, they are having limited time the power given to them for the appointment would lead to burden to Judiciary.
    Former Chief Justice of Australia, Sir Harry Gibbs, are worth-quoting:

    Judicial commissions, advisory Committees and procedures for consultation [with the Chief Justice] will be useless unless there exists, among the politicians of all parties, a realization that the interest of the community requires that neither political nor personal patronage nor a desire to placate any section of a society, should play any part in making judicial appointments.

    Some feasible measures that can be incorporated

    • Ensure non-vetoing representatives: To ensure the effectiveness of this mechanism the commission should be representative in nature comprising members of the executive, legislature, judiciary, legal profession and lay persons.
    • Info share in public domain: In addition, it should be ensured that the commission uses a system which is transparent and open to public scrutiny.

    Way ahead

    • In respect of appointments, there has been an acknowledgment that the “zone of consideration” must be expanded to avoid criticism that many appointees hail from families of retired judges.
    • The status of a proposed new memorandum of procedure, to infuse greater accountability, is also unclear.
    • Even the majority opinions admitted the need for transparency, now Collegiums’ resolutions are now posted online, but reasons are not given.

    Conclusion

    • All mechanisms for judicial appointment may have some advantages and disadvantages and therefore, no particular system can be treated as the best system.
    • Despite this, in order to maintain public confidence in the appointment system and to ensure judicial independence the commission system is perhaps a very effective mechanism for judicial appointment.

     

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  • What are Shaligram Stones?

    shaligram

    Two sacred Shaligram stones arrived in Ayodhya for crafting the idols of Lord Ram and Janaki at the Ram Temple.

    What is a Shaligram Stones?

    • Shaligram stones are fossils of ammonite, which is a type of mollusk that lived between 400 million and 65 million years ago.
    • They are found in the Shaligram Pilgrimage in the Nepal Himalayas.
    • They date specifically from the Early Oxfordian to the Late Tithonian Age near the end of the Jurassic Period some 165-140 million years ago.
    • Mostly found in riverbeds or banks of the Kali Gandaki, a tributary of the Gandaki River in Nepal, this stone is revered as a representation of Lord Vishnu.
    • The stone is considered to have divine powers and is seen as a symbol of good luck and prosperity.

    Mythological significance

    • Historically, the use of shaligrama shilas in worship can be traced to the time of Adi Shankara through the latter’s works.
    • Specifically it finds mention in the Taittiriya Upanishad.
    • The statue of Vishnu in the Padmanabhaswamy Temple of Thiruvananthapuram and Badrinath Temple of Garhwal region, and that of Krishna in Krishna Matha of Udupi and Radha Raman Temple of Vrindavana are also believed to be made from shaligrama shilas.

     

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  • Budget and the Urban planning

    Budget

    Context

    • Union Finance Minister Nirmala Sitharaman presented the Union Budget 2023-24. It has been marked by areas of continuity over the past three years. However, we should not overlook the missed opportunities for more fundamental reforms while celebrating continuity.

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    Areas of focus 

    • Some areas like the continued boost in capital expenditure have received wide attention. Others, such as the reform of urban development and planning processes have received less.
    • As India grows, the quality of urbanisation will determine the quality of economic growth, and vice versa.
    • From this perspective, the continued focus on improving urban infrastructure and land-use efficiency is welcome.

    Budget

    Proposals related to urban planning and urbanization

    • Urban planning reforms and efficient land use: Cities will be encouraged to undertake urban planning reforms, adopting practices that use land more efficiently, creating resources for urban infrastructure, making urban land affordable, and improving inclusivity.
    • Infrastructure financing: Cities will be incentivized to ring-fence user charges on infrastructure and undertake property tax governance reforms so that they are creditworthy enough to issue municipal bonds.
    • Infrastructure Development fund for Tier 2 and 3 cities: A fund will be created by using shortfalls in priority sector lending to create infrastructure in Tier 2 and Tier 3 cities. Rs 10,000 crore is the expected amount to be made available for this fund. States will be expected to adopt user charges to access these resources.
    • Improving sewage and waste management: Proposals on improvements in infrastructure for handling sewage and managing waste.

    Budget

    Proposals continued from previous budget

    • The 2021-22 budget focused on providing urban infrastructure public transport, waste management and universal water supply.
    • In 2020-21, the budget, like this year, proposed improvements in sewage treatment and waste management to do away with manual cleaning.
    • It proposed tax concessions to encourage overseas borrowing for specified municipal bonds. In 2019, the government announced, and then formulated a model tenancy law to promote rental housing.

    What more can be done?

    • Shift towards market-oriented reforms in urban planning and development:
    1. States and city administrators have themselves come around to the benefits of market-oriented reforms, obviating some of the necessity for the Centre to champion them. This could be driven by the emergence of cities as engines of growth, the resultant commodification of urban land markets and, therefore, the increasing focus on land-use efficiency.
    2. Greater openness to new ideas of urban planning could also be driven intellectually by changes in the outlooks of professionals in the field urban planners, architects and administrators who are increasingly able to work directly with state and municipal governments.
    • Lack of Political Significance for Urban Governance Reforms:
    1. It could be that while cities are increasingly economically significant, they are not yet significant enough politically for politicians to look at urban governance issues more seriously.
    2. While the 73rd and 74th amendments to the Constitution devolved many powers to local governments, state governments continue to hold most of the aces. This could change rapidly in the future as India transitions from rural to urban.

    Budget

    Conclusion

    • While urban governance systems are improving, India’s cities are still plagued by issues that need fundamental changes. Our building by-laws, restrictions on land use and zoning still create inefficiencies and make our cities unaffordable, dirty and polluted. The government’s steps to increase capacity building and to create expert committees to propose reforms in these areas is commendable. However, the pace of these proposals is inadequate and need to prioritised to meet urban India’s challenges.

  • Menstrual leave: The topic of debate

    Menstrual leave

    Context

    • Menstrual leave is a workplace policy that allows female employees to take time off from work during their menstrual cycle due to physical discomfort or pain. This policy has been a topic of debate, with some arguing that it is necessary to accommodate the needs of women during their period, while others argue that it creates discrimination and reinforces gender stereotypes.

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    Menstrual leave

    Background

    • Recently, Kerala government announced that the state government will grant menstrual leave for female students in all state universities under the Department of Higher Education.
    • The declaration occurred shortly after the Cochin University of Science and Technology (CUSAT) announced the decision, in response to a request by the students’ union, to grant menstruation leave to all of its female students.

    Menstrual leave and the debate

    • Widespread conversation in recent years: The adoption of voluntary menstrual leave policies by some companies in recent years has led to a widespread conversation on periods in India.
    • Termed as Special leave for women: When the Bihar government implemented a period leave policy in 1992, it was termed special leave for women due to the stigma attached to the word menstruation.
    • Normalising conversation: The recent initiative by employers to provide period leave has been discussed and debated in the public sphere, thereby normalising the conversation around menstruation to an extent.

    Who are menstruators?

    • Menstruators is an inclusive term refers to individuals who have female reproductive anatomy and experience menstrual periods.
    • It includes, women, trans men, and non-binary persons as well.
    • This biological process also decouples menstruation from womanhood.

    Menstrual leave

    Arguments in favour

    • Biological process comes with physical pain: Though menstruation is a biological process, it is accompanied by cramps, nausea, back and muscle pains, headaches, etc.
    • Polycystic ovary syndrome (PCOS): Additionally, these can take a debilitating form amongst menstruating people who suffer from polycystic ovary syndrome (PCOS) and endometriosis.
    • For instance: In India, 20 per cent of menstruators have PCOS and approximately 25 million suffer from endometriosis. The intensity of pain can vary for individuals for a variety of reasons.
    • Acknowledges the reality: For many menstruators, it is a biological process intertwined with medical symptoms. Mandatory period leave is an affirmative action policy that acknowledges this reality.
    • Kerala governments announcement is a welcome step: The Kerala government’s announcement to grant menstrual leave to all female students of state universities is a welcome move that takes the discourse a step further into educational institutions.
    • It should be replicated across universities and schools in India: This will also help reduce the drop-out rates of female students from government schools in rural India caused by the lack of clean toilets, running water, sanitary pads, etc.

    Arguments against

    • Fear of bias in hiring: The major opposition to a menstrual leave policy is the fear of bias in hiring due to the financial costs to employers. Discriminatory hiring has been a cause of concern in many countries.
    • Probable decline in women labour force participation: It is often equated to the decline in the labour force participation of women following the introduction of mandatory paid maternity leave.
    • Medicalising normal biological process: Period leave is often seen as medicalising a normal biological process.

    Menstrual leave

    Did you know?

    “Female sugarcane cutters surgically remove their uteri to secure work”

    • A widely accepted menstrual health framework can also ameliorate the conditions of female workers in the unorganised sector.
    • In Maharashtra’s Beed district, contractors in the sugarcane industry do not hire anyone who menstruates.
    • More than 10,000 female sugarcane cutters have had to surgically remove their uteri to secure work.
    • Most of them are in their twenties and thirties, and now experience various post-surgery health complications. Such exploitation is a human rights violation.

    Way ahead

    • Need to bridge the gaps: The path to equality does not lie in inaction due to fear of further discrimination. What is needed is a holistic outlook aimed at bridging existing gaps.
    • Comprehensive and inclusive approach is must: The implementation of menstrual leave should be based on a comprehensive and inclusive approach that takes into account the needs and rights of all employees, regardless of gender.
    • Mandatory self-care leaves as an alternative: Employers should be made to introduce a mandatory self-care leave as an alternative to period leaves for those who cannot avail of the latter. Employees should be able to utilise their self-care leave as they deem fit. This will reduce burnout and increase productivity.
    • Self-care leave will also destigmatise menstruation: The names menstrual leave and self-care leave will also destigmatise menstruation and self-care respectively. Further, employers should be made to implement a stringent diversity, equity, and inclusion (DEI) framework.
    • Safeguards menstruators in unorganized sector: A formal menstrual leave policy in the organized sector can act as a catalyst in safeguarding menstruators in the unorganized sector too.

    Conclusion

    • Menstrual health is a public health issue. Considering the sizable population of menstruators in India who face stigma, period leave cannot be dismissed anymore as a foreign concept. It is a pivotal step in ensuring proper reproductive health equity in India.

    Mains question.

    Q. The topic of Menstrual leave is in the headlines for some time now. Anaalyse the dabate

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  • 3rd Feb 23 | Prelims Daily with Previous Year Questions

    3rd Feb 23 | Prelims Daily with Previous Year Questions

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  • [Sansad TV] Mudda Aapka: SC Judgments in Regional Languages

    [Sansad TV] Mudda Aapka: SC Judgments in Regional Languages

    Context

    • The judgments delivered by the Supreme Court will now be translated into four languages —Hindi, Tamil, Gujarati and Odia — Chief Justice of India (CJI) Dhananjaya Y Chandrachud informed.
    • We must understand that the language which we use namely English, is a language which is not comprehensible, particularly in its legal avatar, to 99.9% of our citizens, said CJI.
    How Lord William Bentinck transformed judicial functioning in India?
    language

    ·         Bentinck was the governor-general of Bengal (1828–33) and of India (1833–35).
    ·         Under him, the four Circuit Courts were abolished and transferred the functions of the abolished court to the collectors under the supervision of the commissioner of revenue and circuit.
    ·         Sadar Diwani Adalat and Sadar Nizamat Adalat were established at Allahabad.
    ·         He made the Persian and a Vernacular language for the court proceeding in lower court and made English language as official language for Supreme Court proceeding.
    ·         During his reign, Law commission was set up by Macaulay which codified the Indian laws.
    On the basis of this commission, a civil Procedure Code of 1859, an Indian Penal Code of 1860, and a Criminal Procedure Code of 1861 were prepared.

    CJI pitches for judgements in regional languages

    • Expert committee under Justice Abhay Oka: A committee has been formed, headed by SC Judge Abhay Oka, to translate the judgments into four languages. CJI also intends to appoint retired judicial officers, apart from translators, for verifying machine translation of the Supreme Court judgments.
    • State-wide translations: It has a mission that every high court across the country should will have a committee of two judges, one of whom should be a judge who is drawn from the district judiciary “because of their sheer width of experience”.
    • AI-based translation: CJI further said that they are also developing a software and setting up a team where machine learning for translation of the SC judgments will be used.

    Why such move?

    • English barrier: The use of obsolete, archaic or old English words which have passed from the English language but have been kept alive by their frequent use in the Legal profession.
    • Excessive use of jargons: The use of Latin, and sometimes French, words, and phrases to express a rule, principle, doctrine, maximum, etc. which can be easily phrased in English
    • Legal language complexities: The practice of assigning common English words a new, different, unusual and purely legal meaning or assigning these words some exclusive legal definitions.
    • Attitude of legal professionals: The ridiculed tendency of legal professionals both lawyers and judges to write often long and complex sentences without any punctuation.

    Why is English such prominent legal language in India?

    • Better than legacy language: The language used in Courts in India has seen a transition over centuries with the shift from Urdu to Persian and Farsi scripts during the Mughal period which continued in subordinate courts even during the British Rule.
    • Codified laws and legal system: The British introduced a codified system of law in India with English as the official language.
    • Creating cohesiveness: Just like cases from all over the country come to the Supreme Court, judges and lawyers of the Supreme Court also come from all parts of India.
    • Ease of legal education: Without the use of English, it would be impossible to discharge their duty. All judgments of the Supreme Court are also delivered in English.

    Need for such reform

    • Creating awareness: The judgements should be converted into other regional languages so that the masses can benefit and the true meaning of legal education can be achieved.
    • Create law abiding citizens: Obscurity of law creates complexity. If law is comprehensible to the common man, it will have a positive impact.
    • Removing language barriers: Masses in India has always been uncomfortable with English language despites its popularity in education system.
    • Promoting multilingualism: Ever since the introduction of New Education Policy, the centre has been very active in promoting multilingualism across the country.

    Various provisions for regional languages

    • India Constitution: Article 348(1) provides that all proceedings in the Supreme Court and in every High Court shall be in English language until Parliament by law otherwise provides. Article 348 (2) provides that the Governor of the State may, with the previous consent of the President, authorize the use of the Hindi language or any other language used for any official purpose of the State.
    • Official Language Act, 1963: The Act reiterates this and provides under Section 7 that the use of Hindi or official language of a State in addition to the English language may be authorized, with the consent of the President of India, by the Governor of the State for the purpose of judgments, decrees etc. made by the High Court for that State. No law has been made in this regard by the Parliament so far.  
    • Law Commission of India: The 18th Law Commission Report on “Non-Feasibility of Introduction of Hindi as Compulsory Language in the Supreme Court of India” (2008) has, recommended that the higher judiciary should not be subjected to any kind of even persuasive change in the present societal context. The Government has accepted the stand of the Commission.
    • Demand from various States: The centre has received proposals from the Government of Tamil Nadu, Gujarat, Chhattisgarh, West Bengal and Karnataka to permit use of Tamil, Gujarati, Hindi, Bengali and Kannada in the proceedings of their respective High Courts. The use of Hindi has been authorized long back in the proceedings as well in the judgments, decrees or orders in the High Courts of the States of Rajasthan, MP, UP and Bihar.

    How can this be achieved?

    • Encourage local languages: The need of the hour is to encourage local language in courts, which will not only increase the confidence of common citizens in the justice system, but they will feel more connected to it.
    • Executive-judiciary liaison: The confluence of the judiciary and legislature will prepare the roadmap for an effective and time-bound judicial system in the country.

    Way forward

    • The language of law should be cleaned up so that any person of average intelligence can understand its meaning.
    • The legal language can be simplified by using the following steps.
      • It should be insisted that the laws written by the legislatures can be made understandable to average laymen as well as to the legal professional
      • These laws must be written in non-technical terms
      • Legislatures should use short sentences with adequate punctuation
      • Use of Latin and French phrases should be abandoned
      • Use of obsolete archaic English words should be abandoned and at last, the same meaning of words should be applied to those legal terms as the same meaning in common usage

    Conclusion

    • It is true that language acts as a barrier in the spread of Legal education however language barrier coupled with professional barrier acts as the real challenge.

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  • No bar on contesting two seats in one poll: Supreme Court

    The Supreme Court has refused to set aside a provision in the election law that allows candidates to contest polls from two constituencies simultaneously.

    What is the issue?

    • The petition had sought the court to declare Section 33(7) of the Representation of People Act invalid and ultra vires.
    • Like one-person-one-vote, one-candidate-one-constituency is the dictum of democracy, argued the petition.

    What did the SC say?

    • This is a policy matter and an issue concerning political democracy.
    • It is for the Parliament to take a call, CJI observed.

    Provision for contesting polls from two constituency

    • Under section 33 (7) of the RPA, 1951, a person is allowed to contest polls, whether a general election, more than one by-elections or biennial elections, from a maximum of two seats.
    • Before this law, candidates could run in any number of constituencies.
    • If candidates win both seats, they must vacate one within 10 days, triggering a by-election, as stated under section 70 of the Act.
    • Under the Constitution, an individual cannot simultaneously be a member of either House of Parliament (or a state legislature), or both Parliament and a state legislature, or represent more than one seat in a House.

    Issues with two polls provision

    • Issues with twin victories: There have been cases where a person contests election from two constituencies, and wins from both. In such a situation he vacates the seat in one of the two constituencies.
    • Expenses of bye-election: The consequence is that a by-election would be required from one constituency involving avoidable expenditure on the conduct of that bye-election.

    ECI supports one-candidate-one-constituency

    • The Election Commission had, in an affidavit in 2018, supported the petition.
    • It had informed the Supreme Court that it had proposed an amendment to Section 33(7) in July 2004.

    Way ahead

    • Heavy election deposits: A candidate should deposit an amount of ₹5 lakh for contesting in two constituencies in an Assembly election or ₹10 lakh in a general election.
    • Recurring election expenses: The amount would be used to cover the expenses for a by-election in the eventuality that he or she was victorious in both constituencies and had to relinquish one.

     

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  • What is Additional Surveillance Mechanism (ASM)?

    The National Stock Exchange (NSE) placed very famous enterprises of business tycoons under the additional surveillance mechanism (ASM).

    Why in news?

    • The Adani Group has shed $108 billion in market value since Hindenburg Research accused it of stock manipulation and accounting fraud.

    What is Additional Surveillance Mechanism (ASM)?

    • 2018 saw the establishment of the Additional Surveillance Measure (ASM), a measure by SEBI and recognised stock exchanges to control the incredibly volatile stocks on the Indian stock market.
    • ASM in the stock market functions as a control measure for speculative trading to safeguard the interests of retail investors and keep them out of potentially dangerous trading situations.
    • There are two parts of additional margins:
    1. Long-term ASM
    2. Short-term ASM

    What is ASM list in the stock market?

    • ASM list means a collection of securities currently under observation owing to variables like price volatility, volume variation, etc.
    • Investors are alerted to unexpected price movement by stocks that have been shortlisted for the ASM list.
    • These equities are subject to various trading restrictions to halt any speculation.
    • The regulations that apply to stocks on the ASM list are more stringent.
    • They are prohibited from being pledged and using intraday leverages like bracket and cover orders, among others.

    How does it work?

    • For instance, the stock will be moved to a 5% price band the day it joins the ASM list; from then on, it may only move 5% up or down from the previous day’s closing level.
    • As a result of this limit violation, the stock can no longer trade on the market once this limit is violated.
    • In addition, the investor ought to have 100% margin money to trade the stock as of the fifth day.
    • The selected securities will be monitored further, based on predetermined criteria and transferred into Trade to Trade settlement once the criterion is met.

    Criteria to determine ASM list stocks

    The following criteria are used to select stocks for inclusion in ASM and were mutually decided upon by SEBI and Exchanges:

    • Close-to-Close Price Variation
    • Market Capitalisation
    • Volume Variation
    • Delivery Percentage
    • High Low Variation
    • Client Concentration
    • of Unique PANs

     

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  • CITES database reveals Red Sanders smuggling

    red sanders

    The CITES trade database has recorded 28 incidents of Red Sanders confiscation, seizure, and specimen from the wild being exported from India.

    Red Sanders

    • The species, Pterocarpus santalinus, is an Indian endemic tree species, with a restricted geographical range in the Eastern Ghats.
    • It is a very slow-growing tree species that attains maturity in natural forests after 25-40 years.
    • It is endemic to a distinct tract of forests in Andhra Pradesh.
    • It is mainly found in Chittoor, Kadapa, Nandhyal, Nellore, Prakasam districts of Andhra Pradesh.
    • It was classified as ‘near threatened’ in 2018 and has now joined the ‘endangered’ list once again in 2021.
    • It is listed under Appendix II of CITES and is banned from international trade.

    Legal protection in India

    • The Union Environment Ministry had decided to keep Red Sanders (red sandalwood) OUT of the Schedule VI of Wild Life Protection Act, 1972, arguing that this would discourage the cultivation of the rare plant species.
    • Schedule VI regulates and restricts the cultivation, possession, and sale of a rare plant species.

    Threats to this specie

    • Red Sanders are known for their rich hue and therapeutic properties, are high in demand across Asia, particularly in China and Japan.
    • They are used in cosmetics and medicinal products as well as for making furniture, woodcraft and musical instruments.
    • Its popularity can be gauged from the fact that a tonne of Red Sanders costs anything between Rs 50 lakh to Rs 1 crore in the international market.

    Try this question from CSP 2016:

    Q.With reference to ‘Red Sanders’, sometimes seen in the news, consider the following statements:

    1. It is a tree species found in a part of South India.
    2. It is one of the most important trees in the tropical rain forest areas of South India.

    Which of the above statements is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

     

    Post your answers here.

    Back2Basics: Convention on International Trade in Endangered Species (CITES)

    • CITES stands for the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
    • It is as an international agreement aimed at ensuring “that international trade in specimens of wild animals and plants does not threaten their survival”.
    • It was drafted after a resolution was adopted at a meeting of the members of the International Union for Conservation of Nature (IUCN) in 1963.
    • It entered into force on July 1, 1975, and now has 183 parties.
    • The Convention is legally binding on the Parties in the sense that they are committed to implementing it; however, it does not take the place of national laws.
    • India is a signatory to and has also ratified CITES convention in 1976.

    CITES Appendices

    • CITES works by subjecting international trade in specimens of selected species to certain controls.
    • All import, export, re-exports and introduction from the sea of species covered by the convention has to be authorized through a licensing system.
    • It has three appendices:
    1. Appendix I includes species threatened with extinction. Trade-in specimens of these species are permitted only in exceptional circumstances.
    2. Appendix II provides a lower level of protection.
    3. Appendix III contains species that are protected in at least one country, which has asked other CITES Parties for assistance in controlling trade.

     

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  • What are Lab-Grown Diamonds?

    diamond

    During her Budget speech, Finance Minister announced the government’s move to focus on lab-grown diamonds (LGDs).

    What did the FM announce?

    • Customs duty on the seeds used in lab-grown diamond manufacturing will be reduced, announced the finance minister.
    • She also announced a grant to IITs to facilitate the growth of LGDs in India.

    What are Lab-Grown Diamonds (LGD)?

    • Lab-grown diamonds are diamonds that are produced using specific technology which mimics the geological processes that grow natural diamonds.
    • They are not the same as “diamond simulants” – LGDs are chemically, physically and optically diamond and thus are difficult to identify as “lab-grown.”
    • While materials such as Moissanite, Cubic Zirconia (CZ), White Sapphire, YAG, etc. are “diamond simulants” that simply attempt to “look” like a diamond.
    • LGDs have basic properties similar to natural diamonds, including their optical dispersion, which provide them the signature diamond sheen.
    • They lack the sparkle and durability of a diamond and are thus easily identifiable.
    • However, differentiating between an LGD and an Earth Mined Diamond is hard, with advanced equipment required for the purpose.

    How are LGDs produced?

    There are multiple ways in which LGDs can be produced.

    • High pressure, high temperature (HPHT) method: This method requires extremely high pressure, high temperature presses that can produce up to 730,000 psi of pressure under extremely high temperatures (at least 1500 Celsius). Usually graphite is used as the “diamond seed” and when subjected to these extreme conditions, the relatively inexpensive form of carbon turns into one of the most expensive carbon forms.
    • Other processes: These include “Chemical Vapor Deposition” (CVD) and explosive formation that creates what are known as “detonation nano-diamonds”.

    What are LGDs used for?

    (1) Production

    • For instance, LGDs are most often used for industrial purposes, in machines and tools. Their hardness and extra strength make them ideal for use as cutters.
    • Furthermore, pure synthetic diamonds have high thermal conductivity, but negligible electrical conductivity.

    (2) Electronics industry

    • This combination is invaluable for electronics where such diamonds can be used as a heat spreader for high-power laser diodes, laser arrays and high-power transistors.

    (3) Jewelleries

    • Lastly, as the Earth’s reserves of natural diamonds are depleted, LGDs are slowly replacing the prized gemstone in the jewellery industry.
    • Crucially, like natural diamonds, LGDs undergo similar processes of polishing and cutting that are required to provide diamonds their characteristic lustre.

     

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  • iCET: Initiative on Critical and Emerging Technologies between India and US

    iCET

    Context

    • The talks between India’s National Security Advisor Ajit Doval and his American counterpart Jake Sullivan in Washington this week have concluded with the announcement of a new road map for deeper military and techno-economic cooperation between the two countries that is iCET.

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    Background: Idea first mooted in QUAD summit

    • The idea was first mooted in the meeting between Prime Minister Narendra Modi and President Joe Biden on the margins of the Tokyo summit of the Quadrilateral Security Dialogue (Quad) last May.

    Ups and downs in high technology cooperation in US-India relations

    • Early advances in India’s nuclear and space programs: High technology cooperation has long been a major focus of US-India relations. Early advances in India’s nuclear and space programmes in the 1950s and 1960s involved significant inputs from the US.
    • US nuclear sanctions and reduced cooperation: But the US nuclear sanctions from the 1970s steadily whittled down the extent of bilateral high-tech cooperation.
    • Civil nuclear initiative renewed cooperation: The historic civil nuclear initiative of 2005 opened the door for renewed technological cooperation.
    • Political ambivalence bureaucratic inertia prevented best use: But residual restrictions on technology transfer in Washington and Delhi’s political ambivalence and bureaucratic inertia prevented the best use of the new possibilities.
    • The iCET process and new possibilities ahead: The iCET process, which will be monitored and driven from the PMO in Delhi and the White House in Washington, will hopefully bring greater coherence to this round of India-US technological engagement.

    iCET

    What is Initiative on Critical and Emerging Technologies (iCET)?

    • Cooperation in emerging technology: The iCET is a partnership between India and the US to work together in developing important and new technologies.
    • Areas of collaboration for instance: The iCET involves collaboration in a range of areas including quantum computing, semiconductors, 5G and 6G wireless infrastructure, and civilian space projects such as lunar exploration.
    • Adding depth and breadth to already growing partnership: The iCET’s goal is to increase the technology interaction between the US and India while also potentially adding additional strategic depth and breadth to their growing partnership.
    • Directly monitored by PMO and White house: The Prime Minister’s Office in Delhi and the White House in Washington will oversee and direct the iCET.

    iCET

    Significance of iCET for India

    • The importance of iCET in the context of assertive China: Lending urgency to the iCET is the growing convergence of Indian and US interests in managing the security, economic, and technological challenges presented by a rising and assertive China.
    • India’s alternative for dependence on Russian military technology: India is also looking to reduce its over dependence on Russian weapons and military technology and to produce more weapons at home in partnership with western countries.
    • Boost to India’s technological capabilities: The iCET would provide India with access to cutting-edge technology and expertise in areas that are critical and emerging in nature.
    • Economic growth: Working together on new and important technologies can lead to more business between India and the US, which can help the economy grow as it will bring more investment and employment opportunities.

    iCET

    Other focus area: Cooperation in defence production

    • The two sides are also focused on cooperation in defence production.
    • While much of this cooperation will need to be fleshed out in the months ahead, Doval and Sullivan announced one concrete measure the making of a fighter jet engine in India.
    • GE Aerospace has applied for an export licence for jet engine production and phased transfer of technology to Indian entities. Washington promises to process this application expeditiously. This fits in nicely with Delhi’s plans to modernise its rusty defence industrial base.

    Conclusion

    • If implemented with speed and purpose, the bilateral Initiative on Critical and Emerging Technologies (iCET) could lend a new strategic depth and breadth to the expanding engagement between India and the United States.

    Mains question

    Q. What is Initiative on Critical and Emerging Technologies (iCET)? Discuss the Importance of iCET especially for India.

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