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  • New norms for Sentence Remission

    The Union Home Ministry issued a set of guidelines to the States and the Union Territories on the grant of special remission to prisoners to commemorate the 75th year of Independence.

    What is the news?

    • The decision comes as part of the Azadi Ka Amrit Mahotsav celebrations.
    • The special remission would be granted to a certain category of prisoners, and they would be released in three phases.

    What is Remission?

    • The suspension is the stay or postponement of the execution of the sentence.
    • In remission, the duration of the sentence is reduced, without changing the nature of the sentence.
    • In remission, the nature of the sentence is remained untouched, while the duration is reduced i.e. the rest of the sentence need not be undergone.
    • The effect of the remission is that the prisoner is given a certain date on which he shall be released and the eyes of the law he would be a free man.
    • However, in case of breach of any of the condition of remission, it will be cancelled and the offender has to serve the entire term for which he was originally sentenced.

    Constitutional provisions for Remission

    • ‘Prisons’ is a State subject under the State List of the Seventh Schedule of the Constitution.
    • Indian laws provide pardoning power sourcing from statuary and constitutional authorities.
    • By virtue of Article 72 and 161 of the Constitution of India, the President and Governor can grant pardon, to suspend, remit or commute a sentences passed by the courts.

    What are the new norms?

    The prisoners who would qualify for premature release under the scheme are:

    • Women and transgender convicts of ages 50 and above
    • Male convicts of 60 and above who have completed 50% of their total sentence period without counting the period of general remission earned
    • Physically challenged or disabled convicts with 70% disability and more who have completed 50% of their total sentence period
    • Terminally ill convicts
    • Convicted prisoners who have completed two-thirds (66%) of their total sentence
    • Poor or indigent prisoners who have completed their sentence but are still in jail due to non-payment of fine imposed on them by waiving off the fine
    • Persons who committed an offence at a young age (18-21) and with no other criminal involvement or case against them and who have completed 50% of their sentence period would also be eligible for the remission

    Exceptions to these norms

    Following persons would not be eligible for the grant of special remission:

    • Persons convicted with death sentence or where death sentence has been commuted to life imprisonment or persons convicted for an offence for which punishment of death has been specified as one of the punishments
    • Persons convicted with sentence of life imprisonment
    • Convicts involved in terrorist activities or persons convicted under the Terrorist and Disruptive (Prevention) Act, 1985, Prevention of Terrorist Act, 2002, Unlawful Activities (Prevention) Act, 1967, Explosives Act, 1908, National Security Act, 1982, Official Secrets Act, 1923, and Anti-Hijacking Act, 2016

    Back2Basics: Pardoning powers in India

    • Under the Constitution of India (Article 72), the President of India can grant a pardon or reduce the sentence of a convicted person, particularly in cases involving capital punishment.
    • A similar and parallel power vests in the governors of each state under Article 161.
    1. President
    1. Article 72 says that the president shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence.
    2. The pardoning powers of the Indian President are elucidated in Art 72 of the Indian Constitution. There are five different types of pardoning which are mandated by law.
    • Pardon: means completely absolving the person of the crime and letting him go free. The pardoned criminal will be like a normal citizen.
    • Commutation: means changing the type of punishment given to the guilty into a less harsh one, for example, a death penalty commuted to a life sentence.
    • Reprieve: means a delay allowed in the execution of a sentence, usually a death sentence, for a guilty person to allow him some time to apply for Presidential Pardon or some other legal remedy to prove his innocence or successful rehabilitation.
    • Respite: means reducing the quantum or degree of the punishment to a criminal in view of some special circumstances, like pregnancy, mental condition etc.
    • Remission: means changing the quantum of the punishment without changing its nature, for example reducing twenty-year rigorous imprisonment to ten years.

    Cases as specified by art. 72

    • in all cases where the punishment or sentence is by a court-martial;
    • in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends;
    • in all cases where the sentence is a sentence of death.
    1. Governor
    • Similarly, as per article 161: Governor of a State has the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law.
    • It must be relating to a matter to which the executive power of the state extends.
    • Please note that President can grant pardon to a person awarded death sentence. But a governor of a state does not enjoy this power.

    Nature of the Pardoning Power

    • The question is whether this power to grant pardon is absolute or this power of pardon shall be exercised by the President on the advice of Council of Ministers.
    • The pardoning power of the president is not absolute. It is governed by the advice of the Council of Ministers.
    • This has not been discussed by the constitution but is the practical truth.
    • Further, the constitution does not provide for any mechanism to question the legality of decisions of President or governors exercising mercy jurisdiction.
    • But the SC in Epuru Sudhakar case has given a small window for judicial review of the pardon powers of President and governors for the purpose of ruling out any arbitrariness.
    • The court has earlier held that court has retained the power of judicial review even on a matter which has been vested by the Constitution solely in the Executive.

     

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  • Back in news: Article 142 of the Constitution

    The Supreme Court has crafted a victory for a disabled student by using its special powers under Article 142 to declare the successful completion of her Master of Designs course from the Indian Institute of Technology (IIT).

    What is Article 142?

    Article 142 titled ‘Enforcement of decrees and orders of the Supreme Court and orders as to discovery, etc.’ has two clauses:

    [1] Article 142(1)

    • The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.
    • Any decree so passed or order so made shall be enforceable throughout the territory of India.
    • It may be in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe.

    [2] Article 142(2)

    • The Supreme Court shall have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.

    Important instances when Article 142 was invoked

    • Bhopal Gas tragedy case: The SC awarded a compensation of $470 million to the victims and held that “prohibitions or limitations or provisions contained in ordinary laws cannot, ipso facto, act as prohibitions or limitations on the constitutional powers under Article 142.”
    • Babri Masjid demolition case: The Supreme Court ordered framing of a scheme by the Centre for formation of trust to construct Ram Mandir at the Masjid demolition site in Ayodhya.
    • Liquor sale ban case: The Supreme Court banned liquor shops within a distance of 500 metres from National as well as State highways in order to prevent drunken driving.
    • Ex-PM Assassin case: In the case of Perarivalan, the Supreme Court invoked Article 142(1) under which it was empowered to pass any order necessary to do complete justice in any matter pending before it.

    Try this PYQ from CSP 2019:

    Q.With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following?

     

    (a) The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law.

    (b) The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.

    (c) In the event of grave financial crisis in the country, the President of India can declare Financial Emergency without the counsel from the Cabinet.

    (d) State Legislatures cannot make laws on certain matters without the concurrence of Union Legislature.

     

    Post your answers here.

     

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  • Managing Type 1 Diabetes

    Last week, the Indian Council of Medical Research (IMCR) released guidelines for the diagnosis, treatment, and management for type-1 diabetes.

    Why such move?

    • India is considered the diabetes capital of the world, and the pandemic disproportionately affected those living with the disease.
    • Type 1 or childhood diabetes, however, is less talked about, although it can turn fatal without proper insulin therapy.
    • Type 1 diabetes is rarer than type 2. Only 2% of all hospital cases of diabetes in the country are type 1.

    What is Diabetes?

    • Diabetes is a chronic (long-lasting) health condition that affects how your body turns food into energy.
    • Most of the food you eat is broken down into sugar (also called glucose) and released into your bloodstream.
    • When your blood sugar goes up, it signals your pancreas to release insulin.

    What is Type 1 Diabetes?

    • Type 1 diabetes is a condition where the pancreas completely stops producing insulin.
    • Insulin is the hormone responsible for controlling the level of glucose in blood by increasing or decreasing absorption to the liver, fat, and other cells of the body.
    • This is unlike type 2 diabetes — which accounts for over 90% of all diabetes cases in the country — where the body’s insulin production either goes down or the cells become resistant to the insulin.

    How lethal diabetes is?

    • Type 1 diabetes is predominantly diagnosed in children and adolescents.
    • Although the prevalence is less, it is much more severe than type 2.
    • Unlike type 2 diabetes where the body produces some insulin and which can be managed using various pills, if a person with type 1 diabetes stops taking their insulin, they die within weeks.

    How rare is it?

    • There are over 10 lakh children and adolescents living with type 1 diabetes in the world, with India accounting for the highest number.
    • Of the 2.5 lakh people living with type 1 diabetes in India, 90,000 to 1 lakh are under the age of 14 years.
    • For context, the total number of people in India living with diabetes was 7.7 crore in 2019.
    • Among individuals who develop diabetes under the age of 25 years, 25.3% have type 2.

    Who is at risk of type 1 diabetes?

    • The exact cause of type 1 diabetes is unknown, but it is thought to be an auto-immune condition where the body’s immune system destroys the islets cells on the pancreas that produce insulin.
    • Genetic factors play a role in determining whether a person will get type-1 diabetes.
    • The risk of the disease in a child is 3% when the mother has it, 5% when the father has it, and 8% when a sibling has it.
    • The presence of certain genes is also strongly associated with the disease.

     

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  • What is Web 5.0?

    Former Twitter CEO recently announced his vision for a new decentralized web platform that is being called Web 5.0 and is being built with an aim to return “ownership of data and identity to individuals”.

    Various versions of Web

    • Web 1.0 was the first generation of the global digital communications network. It is often referred to as the “read-only” Internet made of static web-pages that only allowed for passive engagement.
    • Web 2.0 was the “read and write” Internet. Users were now able to communicate with servers and other users leading to the creation of the social web. This is the World Wide Web that we use today.
    • Web 3.0 is an evolving term that is used to refer to the next generation of Internet – a “read-write-execute” web – with decentralization as its bedrock. It leverages the blockchain technology and will be driven by Artificial Intelligence and machine learning.
    • Web 4.0 is not really a new version, but is a alternate version of what we already have. Web needed to adapt to its mobile surroundings. Web 4.0 connects all devices in the real and virtual world in real-time.

    What is Web 5.0?

    • Web 5.0 is aimed at building an extra decentralized web that puts you in control of your data and identity.
    • Simply put, Web 5.0 is Web 2.0 plus Web 3.0 that will allow users to ‘own their identity’ on the Internet and ‘control their data’.
    • Both Web 3.0 and Web 5.0 envision an Internet without threat of censorship – from governments or big tech, and without fear of significant outages.

    What are the use cases for Web 5.0?

    There can be two use cases for how Web 5.0 will change things in the future.

    1. Control of identity: A digital wallet that securely manages user identity, data, and authorizations for external apps and connections.
    2. Control over own data: Say, we can grant any music app access to settings and preferences, enabling the app to take our personalized music experience across different music apps.

    Try this question from CSP 2022:

    With reference to Web 3.0, consider the following statements:

    1. Web 3.0 technology enables people to control their own data.
    2. In Web 3.0 world, there can be blockchain based social networks.,
    3. Web 3.0 is operated by users collectively rather than a corporation.

    Which of the statements given above are correct?

    (a) 1 and 2 only

    (b) 2 and 3 only

    (c) 1 and 3 only

    (d) 1, 2 and 3

     

    Post your answers here.

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  • 14th June 2022 | Prelims Daily with Previous Year Questions

    [WpProQuiz 1034]

    [WpProQuiz_toplist 1034]

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  • Rising global food prices: Causes and Solution

    Context

    This increase in global food prices which manifested itself in the three food price crises since the 1960s offers some pertinent lessons for global food systems and the international community.

    Managing year-to-year volatility Vs. periodic spikes in food prices

    • Year-to-year volatility is easily managed by most countries through changes in their trade and domestic policies.
    • But steep and severe periodic price shocks can lead to some sort of a crisis at the global and national levels.
    • Implications: The crisis can emerge in the form of food shortages, trade disruptions, a rise and spread in hunger and poverty levels, depletion of foreign exchange reserves, a strain on a nation’s fiscal resources, a threat to peace, and even social unrest in some places.

    History of food crises after since adoption of Green Revolution

    • Data from Food and Agriculture Organization of the United Nations, the World Bank/International Monetary Fund show that since the onset and the adoption of Green Revolution technology in the early 1960s, the world has been struck thrice by food price crises.
    • First shock-1973-76: The first shock was experienced during 1973-76 when the food price index (based on prices in U.S. dollars) doubled in nominal terms.
    • Declining trend: For the next two decades, food prices in real terms followed a declining trend and were at their lowest around 2002.
    • After this, nominal as well as the real prices of food began rising.
    • Second crisis-2008: This momentum built up to culminate in the next food price crisis of 2008, which was further intensified by 2011.
    • While the price shock began softening after 2014, food prices did not move back to their pre-2006 level.
    • Third crisis-2020: This time the increase in the food price index happened very quickly and it turned out to be very big – it has taken the food price index to its historically highest level.
    • Cause outside agriculture: All the three food price crises were triggered by factors outside agriculture.
    • They were not caused by any serious shortfall in agriculture production.
    • The interval between crises is reducing: The interval between two consecutive price shocks has narrowed down considerably and the severity of shock is turning stronger.

    What are the causes responsible for the recent food price crisis?

    • 1] Covid-19 and Ukraine crisis: It was triggered by supply disruptions due to COVID-19 and further aggravated by the Russia-Ukraine war.
    • The current food price spike first began in vegetable oils and then expanded to cereals.
    • Higher the global trade higher disruption: The effect of global trade disruption will be higher for commodities that are traded more and vice-versa.
    • 2] Diversion of food for biofuel: Another factor underlying the rising trend and spikes in food prices is the diversion of food for biofuel needs.
    • When crude prices increase beyond a certain level it becomes economical to use oilseeds and grains for biodiesel and ethanol, respectively.
    • The second reason for the use of food crops for biofuel is the mandates to increase the share of renewable energy resources.
    • 3] Increased cost of agrochemicals and fertilisers: Food prices are also expected to go up in the current and next harvest season because of an increase in the prices of fertilizer and other agrochemicals.

    Way forward for India

    • Transmission of international prices to domestic prices can be prevented only if there is no trade.
    • 1] Trade policy changes: This transmission of global prices to the domestic market can be moderated through trade policy and other instruments.
    • When international prices go too low, India has checks on cheap imports to protect the interests of producers; and when international prices go too high, the country liberalises imports and imposes checks on exports to ensure adequate availability and reasonable food prices for domestic consumers.
    • 2] Buffer stock: The policy of having a buffer stock of food staples has also been very helpful in maintaining price stability, especially in the wake of global food crises.
    • 3] Strategic liberalisation: India should continue with a policy of strategic liberalisation, as followed in the past, to balance the interests of producers and consumers.
    • 4] Maintain image as a reliable and credible exporter: The importance of agriculture exports to mop up food and agriculture surplus from the country is increasing.
    • Ongoing trends in domestic demand and supply imply that India will be required to dispose of 15% of its domestic food output in the overseas market by 2030.
    • This underscores the need to maintain India’s image as a reliable and credible exporter.
    • However, it is important to differentiate between the two situations: disturbing normal export and regulating exports exceeding the normal level.

    What are the implications for India?

    • Increased prices in India: Export and import in the agriculture sector constituted 13% of gross value added in agriculture during 2020-21.
    • Therefore, some transmission of an increase in global prices on domestic prices is inevitable.
    • Wheat export ban and implications: The recent ban on wheat exports and restrictions on the export of other food commodities by India need to be seen in the light of an abnormal situation created by spikes in international prices.
    • Some experts see it as a setback to India’s image as a reliable exporter as this move is seen to disrupt (regular) export channels.
    • A closer examination of data reveals that India’s action to ban or restrict food exports is not disrupting its normal exports.
    • India was a very small exporter of wheat, with its share in global wheat trade ranging between 0.1% to 1% during 2015-16 to 2020-21.
    • The international market is looking for around 50 million tonnes of wheat to compensate for the disruption in wheat exports from Russia and Ukraine.
    • If India had not imposed a ban on wheat export, it would have resulted in a severe shortage of wheat within the country.

    Global impact and suggestions

    • As the steam of Green Revolution technology slowed down with the start of the 21st century, food prices began increasing in real terms.
    • New breakthroughs required: The world requires new breakthroughs such as Green Revolution technology, for large-scale adoption in order to enable checks on food prices rising at a faster rate.
    • Increase spending on agri-research: This in turn requires increased spending on agriculture research and development (especially by the public sector and multilateral development agencies).
    • Strengthen global agri-research system: There is a need to strengthen and rejuvenate the global agri-research system under the Consultative Group on International Agricultural Research (CGIAR) which is heading towards disarray.
    • Rethink biofuel protocols: Biofuel protocols have contributed to the global food crisis for the second time in the last 15 years.
    • Diversion of land under food crops and food output for biofuel should be carefully calibrated with implications for food availability.

    Conclusion

    • The last three food price crises were primarily caused due to an increase in energy prices and disruptions in the movement of food across borders.
    • Factors related to climate change are going to be an additional source of supply shocks in the years ahead.
    • Therefore, the global community must plan to have a global buffer stock of food in order to ensure reasonable stability in food prices and supply.

    Back2Basics: Consultative Group on International Agricultural Research (CGIAR)

    • CGIAR (formerly the Consultative Group for International Agricultural Research) is a global partnership that unites international organizations engaged in research about food security.
    • CGIAR research aims to reduce rural poverty, increase food security, improve human health and nutrition, and sustainable management of natural resources.

  • The way forward on 5G

    Context

    The near-death of competition signalled by the incipient exit of Vi late last year pushed the Department of Telecommunications (DoT) to announce steps to prevent the premature exit of a sagging operator.

    About 5G

    • 5G is the 5th generation mobile network.
    • It is a new global wireless standard after 1G, 2G, 3G, and 4G networks.
    • 5G can be significantly faster than 4G, delivering up to 20 Gigabits-per-second (Gbps) peak data rates and 100+ Megabits-per-second (Mbps) average data rates.
    • 5G enables a new kind of network that is designed to connect virtually everyone and everything together including machines, objects, and devices.
    • 5G wireless technology is meant to deliver higher multi-Gbps peak data speeds, ultra low latency, more reliability, massive network capacity, increased availability, and a more uniform user experience to more users.
    • Higher performance and improved efficiency empower new user experiences and connects new industries.
    • With high speeds, superior reliability and negligible latency, 5G will expand the mobile ecosystem into new realms.
    • 5G will impact every industry, making safer transportation, remote healthcare, precision agriculture, digitized logistics — and more — a reality.

    India’s telecom sector: From monopoly to hyper-competition to duopoly

    • India’s telecom market has seen monopoly as well as hyper-competition.
    • Twenty-five years ago, the government alone could provide services.
    • Technology and deregulation: In the following years, the combined forces of technology and deregulation helped break the shackles of public sector dominance despite the latter’s stiff resistance
    • In the following years, there were nearly a dozen competing operators. Most service areas now have four players.
    • However, the possible exit of the financially-stressed Vodafone Idea would leave only two dominant players-Airtel and Jio in the telecom sector.
    • A looming duopoly, or the exit of a global telecommunications major, are both worrying.
    • They deserve a careful and creative response.

    Government package for telecom sector to prevent duopoly

    • The near-death of competition signalled by the incipient exit of Vi late last year pushed the Department of Telecommunications (DoT) to announce steps to prevent the premature exit of a sagging operator.
    • As a part of its support package for the telecom sector, in October 2021, it dispensed with the requirement of performance bank guarantees required earlier as security.
    • It increased the tenure of spectrum holding from 20 to 30 years.
    • It allowed for the surrender of the unutilised or underutilised spectrum after 10 years.
    • Most importantly removed the levy of spectrum usage charges. 

    Why competitive telecom market is important?

    • Key to achieving digital ambitions: A competitive telecom sector is fundamental to realising India’s digital ambitions.
    • Innovation: Monopolies have no incentive to innovate.
    • Investment: The competition will guarantee that operators find it attractive to invest in network infrastructure upgradation and offer consumers a wide range of innovative service options.
    • Source of revenue: A competitive telecom sector would be an indirect source of tax revenue as well.
    • How to make market competitive? Competition cannot be willed into the sector.
    • It needs careful nurturing, assiduous fostering and regulatory neutrality. 

    Way forward on 5G

    • Structural changes: While the package may have prevented the exit of Vi from the market, to embed competition within the sector, structural changes are necessary.
    • The imminent 5G networks demand massive investment and sophistication of operations.
    • 1] Level playing field: This will not be achieved unless the playing field is level across the relevant operators and honest incentives are provided to operators to embrace new technology.
    •  2] Change the spectrum allocation method: There is no doubt that spectrum auctions have served India well in the past due to the acrimonious political economy associated with administrative spectrum assignment, including First Come First Serve (FCFS) method.
    • The auction regime worked well when demand exceeded supply, but if there is an adequate quantity of spectrum for everyone, that constraint would not exist.
    • Administrative assignments can thus be considered once again.
    • 3] Administrative assignments:  An administrative assignment will include the possibility that all spectrum can be assigned at reasonable prices and in the process, a grand bargain can be struck with telecom operators.
    • 4] Assigning 5G spectrum for private enterprise business: TRAI and the Digital Communications Commission (DCC) are considering whether 5G spectrum should be assigned to companies like TCS, Amazon and Google, among others, for their private enterprise business.
    • 5G spectrum assignment for enterprises would adversely affect the business model of telcos.
    • But there will be enterprises that telcos could serve that are not large enough to purchase 5G spectrum.
    • A grand bargain that allows enterprises to buy 5G spectrum while assigning spectrum to the existing telcos through the administrative route will also serve the revenue needs of the government.
    • 5] Privatise public sector operator: This is an opportunity to also signal to the public sector operator that 5G business is outside the range of its capability set.
    • Hence like Air India it needs to be privatised in the fullness of time.
    • These are difficult decisions and will need much more political will than in 1994.

    Consider the question “Why a competitive telecom market is a prerequisite for achieving India’s digital dream and why an eminent duopoly in the sector stands to threaten that dream? Suggest way forward.”

    Conclusion

    It would be tragic if India’s telecom-access market was to be reduced to only two competing operators, as we have a long way to go. What we need is structural changes in the sectors as well as the way the sector is regulated.

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    Back2Basics: Spectrum usage charges

    • Companies had to pay 3-5 per cent of their adjusted gross revenue (AGR) as spectrum usage charge to the department of telecom.
    • If they share spectrum with another operator, operators must pay an additional 0.5 per cent of AGR for that band as SUC.
    • However, in September 2021, the Department of Telecommunications (DoT) decided to remove the floor rate of 3% of the adjusted gross revenue (AGR) for operators to pay their spectrum usage charge (SUC).
    • The removal of the clause fixing a floor rate of 3% was done to give effect to the recently announced telecom relief package.
    • Though the telecom package talks of scrapping SUC only on spectrum acquired in future auctions like that of 5G, if the 3% floor is abolished, as and when operators acquire more spectrum in future auctions, their SUC will become zero on the entire holding.
    • This is because of a complex weighted average formula to calculate the SUC of operators who have a mix of administratively allocated spectrum and acquired through auctions.

  • [Sansad TV] Perspective: India – Vietnam Relations

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    Context

    • Defence Minister Rajnath was on a three day official visit to Vietnam.
    • Wide-ranging discussions were held between both sides on effective and practical initiatives to further expand bilateral defense engagements and regional & global issues.
    • The two Defence Ministers also signed the 20 Year ‘Joint Vision Statement on India-Vietnam Defence Partnership towards 2030’.
    • An MoU on Mutual Logistics Support was also signed and both sides also agreed to early finalization of the Defence Line of Credit worth 500 million US dollars extended to Vietnam.

    India – Vietnam Relations: A Backgrounder

    • India and Vietnam share traditionally close and cordial bilateral relations.
    • India chaired the International Commission for Supervision and Control (ICSC), which was formed pursuant to the Geneva Accord of 1954 to facilitate the peace process in Vietnam.
    • India initially maintained Consulate-level relations with the then North and South Vietnams and later established full diplomatic relations with unified Vietnam on 7 January 1972.
    • Relations between the two countries were elevated to the level of “Strategic Partnership” during the visit of Vietnam’s PM Nguyen Tan Dung to India in July 2007. 
    • In September 2016, during PM Modi’s visit to Vietnam, bilateral relations were further elevated to the level of “Comprehensive Strategic Partnership”.

    Areas of Cooperation

    (1) Economic

    • During FY April 2020 – March 2021, bilateral trade between India and Vietnam reached US$11.12 billion with India being a net importer.
    • India granted “Most Favoured Nation” status to Vietnam in 1975 and both nations signed a bilateral trade agreement in 1978.
    • Vietnam is also keen for India to expand its presence in oil and gas exploration in the South China Sea and has firmly maintained that the areas fall well within Vietnam’s economic zone.

    (2) Development partnership

    • Under the Mekong Ganga Cooperation (MGC) framework, India has been taking up various projects in different provinces of Vietnam for development of community infrastructure.
    • The MGC initiative comprising six countries — India, Cambodia, Myanmar, Thailand, Laos and Vietnam — was launched in 2000 to boost cooperation in a range of areas including connectivity, tourism and culture.

    (3) Defence

    • Vietnam is an important partner in India’s Act East policy and the Indo-Pacific vision.
    • Vietnam is interested in India’s Akash surface-to-air systems and Dhruv advanced light helicopters and Brahmos Missiles.
    • India recently handed over 12 high-speed guard boatstoVietnam, in reflection of the growing congruence in maritime security.

    Vietnam’s Importance for India

    • Vietnam is an important element of India’s Act East Policy, which aims to re-invigorate its historical ties with countries in Southeast and East Asia.
    • There are ample opportunities for closer connectivity between India and Vietnam via Myanmar and existing transit routes in Cambodia and Laos.
    • India’s growing economy needs energy resources and Vietnam has rich hydrocarbon reserves.
    • India’s state-owned Oil and Natural Gas Corporation (ONGC Videsh) has been searching for oil in disputed waters off Vietnam.
    • Also Vietnam lies at a centrestage of the “Necklace of Diamonds Strategy” that aims at garlanding China or in simple words, the counter encirclement strategy.
    • India is expanding its naval bases and is also improving relations with strategically placed countries to counter China’s strategies.

    India’s significance to Vietnam

    • For Vietnam, India could be a bulwark against the dominance of any single country in the region.
    • Hanoi has a long-festering territorial dispute with Beijing in the South China Sea, which has worsened since 2014.
    • In the past, India has additionally conducted capacity-building programs for Vietnamese defence personnel.
    • Besides, there are numerous opportunities to increase trade between the two countries.
    • Indian companies can infuse much needed capital and technology into the Vietnamese market to bring it to par with its East Asian counterparts.
    • Then there is the strong cultural aspect to the relationship, with Buddhism seeping into Vietnam from the land of its birth in India.

    China Factor in bilateral ties

    • China factor also weighs heavily in the respective strategic calculus of India and Vietnam.
    • Both countries had fought wars with China and both have border problems with that country.
    • China aggressively continues to encroach in the territories of the two countries.
    • Hence, it is natural for both the countries to come closer with a view to restrain China from its aggressive actions.

    Areas for improvement

    • India’s cultural presence in Vietnam is modest.
    • Rarely are Indian films and television shows broadcast on television channels.
    • Films depicting ancient traditions do not impact the youths and send mixed signals on India’s development.

    Way forward

    • By enhancing ties with Hanoi, India can incorporate the same template in engaging with other Southeast Asian states such as the Philippines.
    • The close relationship between the two countries is significant for maintaining strategic balance in South East Asia which is witnessing aggressive Chinese activities.
    • Both Countries need to leverage the economic opportunities left out of anti-China sentiments and several manufacturing firms deciding to shift from China.
    • Both Countries should expedite the process of negotiations for finalisation of defence deals.
    • Moreover, India can learn from Vietnam’s open trade policy, due to which Vietnam’s exports have grown by about 240% in the past eight years.

    Conclusion

    • India must show greater commitment in the region if it seeks to enhance its strategic position there.
    • By illustrating its desire and willingness to pay attention to the security issues that the states of Southeast Asia currently face, India will be able to signal its positive intentions.

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  • (It’s LIVE) ZOOM LINK INSIDE | Webinar and 1-1 discussion with Prabhat Singh | Don’t miss: Join him for his secret strategy on cracking UPSC without leaving your job

    (It’s LIVE) ZOOM LINK INSIDE | Webinar and 1-1 discussion with Prabhat Singh | Don’t miss: Join him for his secret strategy on cracking UPSC without leaving your job

    Guys, Prabhat Singh is LIVE. You don’t want to miss out on this session.

    Use this ZOOM LINK: https://us06web.zoom.us/j/81963273759?pwd=V3FScVZYeVBZWXR4SDhSYVFpQzVRUT09

    Webinar starts at 7pm.

    Can a Working Professional Clear UPSC without leaving their full-time job? Or for that matter, aspirants with a time issue?

    Prabhat Singh, CivilsDaily’s ranker, did it twice. He was able to make it into the list in UPSC 2019 and UPSC 2021. And he did it with a full-time job both times.

    (click) Register and book your slot for 1-to-1 session with prabhat GYANENDRA SINGH, Ranker- UPSC 2019 and 2021

    Webinar Details

    Don’t miss this opportunity to get real workable strategy tips for UPSC-CSE working professionals, and UPSC aspirants with time management issues. This webinar is open to all.

    Date: 13th June 2022 (Today)

    Time: 7 to 8 PM

    Use this ZOOM LINK: https://us06web.zoom.us/j/81963273759?pwd=V3FScVZYeVBZWXR4SDhSYVFpQzVRUT09

    (click) book my slot with prabhat GYANENDRA SINGH

    Strategies & Approaches to be discssed by PRABHAT GYANENDRA SINGH!

    1. The UPSC preparation process is divided into four stages. What should you focus on during each phase? How to manage time & control stress during every preparation phase. How to utilize holidays! will be discussed effectively.

    2. Working examinees’ largest challenge is time management, which is critical for studying and taking care of one’s health while working a 9-hour shift. So, how to break down the syllabus into small chunks, and develop an effective & workable study strategy for UPSC preparation will also be discussed.

    3. Our step-by-step 5-hour learning plan. How to complete syllabus, how to cover mock test series in such a short time! Other toppers’ time-management skills are also discussed.

    4. Avoid errors that cost you a chance. How do you get your preparation off to a good start? What is one of the good sources for current affairs? is going to be discussed here.

    5. The advantages of being a UPSC aspirant while working. What distinguishes you from the other competitors?

    6. Studying judiciously. How can you save time by using the Civilsdaily App/website to acquire aggregated information?

    7. Rest other untold many more essential tips that a working professional must know from our previous working topper.

    (click) book your slot for the ask me anything session with prabhat GYANENDRA SINGH

    About PRABHAT GYANENDRA SINGH 

    PRABHAT GYANENDRA SINGH was a B.sc Statistics from Gujarat University, M.G. Science college.  He completed his LL.B from Campus Law Centre, Delhi University LL.M. – I.P.S. Roorkee, UTU. On a personal level, he pursued further education, especially in public policy. In his attempt of CSE 2021 with secured All India Rank. He has been a ranker from 2019 to 2021 consistently.

    (click) book your slot for the ask me anything session with prabhat GYANENDRA SINGH

    Our Hall of Fame boasts of nearly 200+ aspirants who have cleared the exam as working professionals. This year, our Civilsdaily students — Mantri Mourya Bharadwaj (AIR 28) and Divyansh Singh (AIR 49) worked really hard in their respective jobs and studies before they tasted success. This busts the myth that only full-time aspirants can clear the exam.

    It is well said that writing a demanding answer is an art of excellence & can be achieved even by improving 1% a day. All it wants is will and effort, methodical practice and ultimate guidance. 

    Strategy is what will make you tackle one of the most important challenges faced by thousands of CSE aspirants i.e. how to write a good answer in the Mains examination. Basically, questions in the Mains examination are asked with certain directives like ‘discuss/ critically discuss’ etc and you are to grasp clearly what that particular directive is asking you to fulfil.

    It’s not only about ‘how to structure your answer’ but ‘how to introduce and conclude your answer’ and to develop templates for answers that you can recall at a short notice.

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  • India specific factors that have bearing on inflation trajectory

    Context

    Inflation is turning into a global concern fueled by multiple global factors. However, in India there are a few other triggers that will have a bearing on the inflationary trajectory.

    Global inflation concerns

    • All that could have possibly triggered higher inflation globally has already occurred — multiple waves of the pandemic, supply disruptions, an overdose of policy stimuli, war, sanctions, energy shocks, geopolitical adversity and weather disruptions.

    1] Impact of MSP on inflation

    • The MSP that is fixed by the government for kharif and rabi crops has been one of the key policy instruments.
    • Policymakers in India have often acted with alacrity to protect the interests of farmers over the years.
    • In the last 20 years, the weighted average MSP for kharif crops saw double-digit growth four times — in 2007, 2008, 2012 and 2018.
    • Food inflation shot up to 12 per cent in 2007-08 as against 8 per cent in 2006-07 and 4 per cent in 2005-06.
    • The inflationary surge continued in 2009 as a monsoon failure hit agricultural output hard.
    • Global agricultural commodity prices started to rise in 2010 again and the FAO food price index reached an all-time high in July 2012.
    • One of the key reasons for the increase in food prices was the oil price surge and a rise in demand for biofuel production.
    • The global upside in food prices coincided with a 22 per cent increase in MSP for Kharif crops in India.
    • Following the rise in MSP, food inflation in 2012 increased by 14.6 per cent as against 3.6 per cent the preceding year.
    • In  2018, for the first time, the MSPs for all 23 kharif and rabi crops were fixed at a margin of at least 50 per cent higher than the cost of cultivation.
    • The cost of cultivation (A2 + FL) includes the paid-out cost and cost of imputed family labour.
    • Accordingly, the MSP of kharif crops in 2018 saw an annual increase of about 14 per cent.
    • However, despite the significant rise in MSP, food inflation in 2018-19 was muted at 0.3 per cent.
    • This was because farm input costs were under control and the terms of trade for farmers remained positive.

    2] Impact of GST on inflation

    • Raising the revenue-neutral rate: In the upcoming meeting, there is talk of changes in GST slabs and rates with an eye on raising the revenue-neutral rate from around 11.5 per cent, which is far lower than the 15.5 per cent estimated at the time of the launch of GST.
    • Avoid the shock: However, a GST rate shock to the system is best avoided given the global inflationary backdrop and the fragility of consumer balance sheets.

    3] Influence of weather

    • While the dependence of agricultural output on the quantum of rainfall has reduced, variance in the spatial and temporal distribution of rainfall is emerging as a key risk.
    • A look at 2021 — a normal monsoon year with rainfall at 99 per cent of its long period average — is instructive.
    • The late excess rains delayed the crop cycle and led to crop damage in several parts of the country.
    • Likewise, the spatial distribution of rainfall remained uneven in 2021.
    • Thus, even with normal rainfall in 2021, there were several disruptions to the crop cycle and farm cash flows.

    Conclusion

    The government has taken various steps lately to rein in inflation. However, the RBI will have little freedom in case the GST council decides to accord revenue protection to states via higher GST rates or if the monsoon is not in line with expectations. One hopes these events pan out right, like the MSP hike, when most other things have gone wrong.

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  • CoWIN as a repurposed digital platform

    Context

    Seeing its success, other nations have also expressed interest in availing CoWIN and using it as a bridge for erecting their digital health systems. Responding to this incoming interest, our prime minister has offered CoWIN as a digital public good, free of cost, for all nations globally to adopt.

    About CoWIN

    • In late 2020, even before the Covid-19 vaccines had arrived, the Government of India had commenced preparations for launching the world’s largest vaccination drive.
    • This led to the beginning of the CoWIN journey in January 2021.
    • Scalability, modularity, and interoperability: CoWIN, or the Covid-19 Vaccine Intelligence Network, was developed in a record time, with consideration given to scalability, modularity, and interoperability.
    • The platform has been made available in English and 11 regional languages to allow citizens across multiple states to access the platform with ease.
    • To circumvent the lack of digital access, the platform allows for up to six members to be registered under one mobile-number linked account.
    • CoWIN has scaled every 100 million milestone faster than any other platform.
    • It reached the coveted one billion registered user mark which only a handful of platforms have been able to achieve globally, and none in such a short time.
    • A key feature of the platform has been its modularity and evolvability.
    • The CoWIN team has been adept at keeping pace with the changing policy environment and scientific research and developments in the administration of vaccines.
    • It was never that CoWIN became the bottleneck or delayed the implementation of our vaccination policies or drive.
    • Time and again, CoWIN has proved itself as one of the most secure and robust platforms with minimal data input and zero risk of personal data hacks. 

    Major phases of CoWIN

    • The journey of CoWIN was staggered across three major phases, with multiple additions subsequently.
    • In phase 1, the registration process went online where healthcare workers and frontline workers were sent system-generated notifications about their vaccination schedule.
    • In subsequent phases, beneficiaries were allowed both walk-in and online vaccination registration, along with the choice of location and time slot as per their convenience.
    • An assisted mode was also made available through the 240,000+ Common Service Centres (CSCs) and a helpline number.
    • After ensuring successful orchestration using scalability and agile features of the platform to vaccinate individuals over 45 years of age, the APIs of the platform were made available to private players at the beginning of Phase III of the vaccination drive.
    • Once access to its services was opened through APIs, more than 100 applications integrated with CoWIN for providing search, booking and certification facilities to their users.

    Way ahead

    • The inevitable question is what will we do with CoWIN when no further Covid-19 vaccines are to be administered?
    • Repurpose the platform: The decision is to repurpose the platform as a universal immunisation platform.
    • The credentialing service of DIVOC, used in CoWIN, has proven to be a game-changer in the world of digital certificates.
    • CoWIN service is being implemented in five other countries after India and receiving global acceptance for its veracity and sound architecture.
    • There is a proposal for opening the credentialing service for more use cases in health.

    Conclusion

    The story of CoWIN has truly been one of national impact and importance. And while the story started during the pandemic, it won’t end with the pandemic: it will segue into a repurposed digital platform for more health use-cases.

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  • Issues with the Environmental Performance Index (EPI)

    Context

    The 2022 Environmental Performance Index (EPI) produced by Yale and Columbia Universities and released on World Environment Day (June 5) has triggered much consternation in India, as the country is ranked last (180th).

    Issues with EPI 2022

    • Ignoring the past effects: Indicators may focus on current rates of increase or decrease in environmental pressures (flows) — as the EPI does for carbon dioxide emissions and tree cover gains — but under-state the accumulated effect (stocks) that relates to actual harm, thereby ignoring past effects.
    • Same standard in different socio-ecological context: When ranking countries, one is essentially applying the same standard across vastly different socio-ecological contexts – this involves difficult choices.
    • For example, the EPI leaves out arsenic in water, which is a major threat in Bangladesh.
    • Difficulty in measurement of frogress on climate change: Climate change is a global environmental problem, and because its effects depend on the accumulation of greenhouse gases over time, measuring progress in a given country is challenging.
    • Climate change mitigation has to be measured against what it is reasonable and fair to expect from different countries, taking into account their past emissions as well as national contexts.
    • There has been an inconclusive 30-year debate on this question; any choice of benchmark involves major ethical choices.
    • EPI has given 38 per cent weight to the climate change in the index.
    • They assume that the world must reach net zero emissions by 2050, and so the appropriate benchmark is whether all countries are reducing emissions and reaching zero by 2050.
    • Against CBDR: This approach is contrary to widely accepted ethical principles, especially the global political agreement on common-but-differentiated-responsibility (CBDR).
    • The Yale-Columbia approach ignores the fact that countries have different responsibilities for past accumulations and are at different levels of emissions and energy use.
    • The inclusion of indicators on emissions intensity and emissions per capita partly addresses this issue, but these two account for 7 per cent of the weight, versus 89 per cent for indicators derived from current emission trends.

    Implications EPI’s approach

    • This approach is guaranteed to make richer countries look good, because they have accumulated emissions in the past, but these have started declining in the last decade.
    •  Meanwhile, poorer countries that have emitted comparatively little in the past, look bad.
    • The EPI’s flawed and biased approach distracts from a much-needed honest conversation about the environment in India.
    • India’s local environmental performance on air, water and forests is deeply problematic.
    • Air quality in India is now the second largest risk factor for public health in India, behind only child and maternal nutrition.
    • Rivers and lakes are increasingly polluted, rivers are drying, groundwater tables are rapidly declining, and gains in tree cover hide declining natural productivity and diversity of forests and grasslands.

    Conclusion

    While indices like these have a limited attention-grabbing purpose, they serve this purpose well only when they are focused, limited to easy-to-measure metrics, and consciously minimise value judgements. The EPI 2022 resoundingly fails this test.

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  • 13th June 2022| Daily Answer Writing Enhancement(AWE)

    Topics for Today’s questions:

    GS-1         Salient features of Indian society, Diversity of India

    GS-2         Parliament and State legislatures

    GS-3         Infrastructure 

    GS-4       Attitude

    Question 1)

    Q.1 What are the causes of inequality in the Indian society? Enumerate various steps that are needed ensure an equitable society. (15 Marks)

    Question 2)

    Q.2 Do you agree with the view that Rajya Sabha in India has played its intended purposes?What are the reasons for the demands to abolish it?(10 Marks)

    Question 3)

    Q.3 What are the measures taken by the government to deal with the power crisis precipitated by the coal shortage? What are the issues with the invoking of Section 11 of the Electricity Act 2003?(10 Marks)

    Question 4)  

    Q.4 Attitude is a major determinant of an individual’s behaviour. Analyse how attitude can make or break an individual citing examples.(10 Marks)

    HOW TO ATTEMPT ANSWERS IN DAILY ANSWER WRITING ENHANCEMENT(AWE)?

    1. Daily 4 questions from General studies 1, 2, 3, and 4 will be provided to you.

    2. A Mentor’s Comment will be available for all answers. This can be used as a guidance tool but we encourage you to write original answers.

    3. You can write your answer on an A4 sheet and scan/click pictures of the same.

    4.  Upload the scanned answer in the comment section of the same question.

    5. Along with the scanned answer, please share your Razor payment ID, so that paid members are given priority.

    6. If you upload the answer on the same day like the answer of 11th  February is uploaded on 11th February then your answer will be checked within 72 hours. Also, reviews will be in the order of submission- First come first serve basis

    7. If you are writing answers late, for example, 11th February is uploaded on 13th February , then these answers will be evaluated as per the mentor’s schedule.

    8. We encourage you to write answers on the same day. However, if you are uploading an answer late then tag the mentor like @Staff so that the mentor is notified about your answer.

    *In case your answer is not reviewed, reply to your answer saying *NOT CHECKED*. 

    1. For the philosophy of AWE and payment: 
    CLICK HERE To join Daily AWE

  • Q.4 Attitude is a major determinant of an individual’s behaviour. Analyse how attitude can make or break an individual citing examples.(10 Marks)

    Mentor’s Comments:

    In the introduction, define attitude and behaviour. Mention the difference between attitude and behaviour. 

    In the body, explain how behaviour and attitude affect us and the need to adopt behaviours which are of empathy, compassion, fortitude and integrity.Cite suitable examples to substantiate your points on how attitude can be changed and that impact in the resultant behaviour.

    Complete the answer by stressing how changing to right behaviours and attitude can impact our life positively.

  • Q.3 What are the measures taken by the government to deal with the power crisis precipitated by the coal shortage? What are the issues with the invoking of Section 11 of the Electricity Act 2003?(10 Marks)

    Mentor’s comment-
    • https://indianexpress.com/article/opinion/columns/the-scarcity-trap-7961344/
    • In the intro, mention the recent power crisis.
    • In the body mention the factors leading to the power crisis such as the increased cost of imported coal, shortage of coal rakes, increase in peak demand in summer etc. In the body mention the measures such as increasing the limit of imported coal to 4%, invoking of Section 11 of the Electricity Act 2003, introducing of the concept of tolling etc. In the issues in invoking of the Section 11 mention that   Section 11(2) of the Act clearly mentions that the adverse financial impact would be offset by the regulator but the government has appointed a committee to do so.
    • Conclude by mentioning the need for addressing the issues to avoid repeat of the crisis in future.

  • Q.2 Do you agree with the view that Rajya Sabha in India has played its intended purposes?What are the reasons for the demands to abolish it?(10 Marks)

    Mentor’s comment:
    -In the intro mention the bicameral legislature in India.
    -In the body mention the significance of the upper House in the form of expertise it could provide and also the role it could play in avoiding hasty legislation. In the issues mention that the interests of states have not been served by Rajya Sabha.
    -Conclude by mentioning the need for debate on the role of Rajya Sabha.

     

  • Q.1 What are the causes of inequality in the Indian society? Enumerate various steps that are needed ensure an equitable society. (15 Marks)

    Mentor’s Comments

    Begin by defining inequality and cite statistics to show  inequalities in the Indian society. 

    In the body, first, write about  the various reasons  for inequality  in India- historical reasons, poverty, informal employment,  lack of social security, regional  imbalances etc. Then, write  about the impact of inequality  in India. Next, write about the  steps that are needed to address this and move towards a more equitable society.
    Conclude with a way forward.

  • [Sansad TV] Perspective: Remote Voting Facility

    The Election Commission of India has decided to set up a committee to explore the possibility of allowing migrant workers to vote remotely on a pilot basis.

    Voting facilitation for Migrant Workers

    • According to an ECI, there needs to be a concerted effort to see problems faced by migrant workers in exercising their franchise.
    • ECI had set up a four-member panel in 2020 to assess the technology landscape to enable remote voting.
    • The panel has presented a concept plan to the ECI to enable a two-way transfer of vote and ballot.
    • Currently, postal ballots are meant only for service voters such as army personnel who cannot return to vote.

    So what is remote voting, how will it work on the ground and what are the challenges in the implementation of this process.

    What is Remote Voting?

    • Remote voting means facilitating voting to those who are migrated to somewhere else for earning, they can’t return even to their respective home Village for mere voting.

    ECI’s Proposals to use Blockchain

    • IIT-Madras who is among the ECI panel is developing a system for two-way remote voting in a controlled environment using blockchain technology.

    Goals to be achieved

    1. More inclusive democracy and political process
    2. No voter to be left behind

    How would it work?

    • It would entail:
    • Voter identification and authorisation on the Electoral Registration Officer Network (ERO Net
    • Use of biometric data and web cameras for authentication
    • Blockchain-based e-ballot generation, which would convert into a vote once the hash code would be generated on its execution
    • The encrypted remote votes cast would once again be validated at the pre-counting stage to ensure that they have neither been decrypted nor tampered with or replaced.

    Why need Remote Voting?

    • Migrant population: According to the 2011 census, there are 45 crore internal migrants who accounted for 37% of the population. There are nearly 10 million migrant workers as per e-SHRAM portal.
    • Flexiblity for voters: The individual can cast his/her vote from multiple locations and not solely from one registered polling station.
    • Increasing voting turnout: It will ensure more eligible voters cast their votes which will help in including more voters.
    • Preventing transparency: It will provide enhanced efficiency in counting votes. It will be promoting security towards the recording of votes as opposed to physical tampering.
    • Voter Authencity: It will help in minimising errors and easing the overall process for the voter by utilising basic features such as Facial recognition technology (FRTs) and biometric identification protocols.
    • Elections and weather: Voting calendar is very random. It is never held in convenient months.  

    Apprehensions regarding remote voting

    • Mapping of migrant laborers: Mapping of migrant labourers is a mammoth exercise that the administration has to take up.
    • Voter-list reforms: There are a set of reforms pending in Indian. For example, Aadhaar-linking for de-duplication and a single electoral roll.
    • Privacy concerns:  It saves users’ biometrics and other data which can be misused by hackers and other parties that would undermine the right to privacy.

    Conclusion

    • Voting is the most important aspect of democracy and for its feasibility it’s persistence and timely improvement is utmost important.
    • The ECI is working to find a system where these people can also vote to their desired candidate from any corner of the country.

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  • FATF and Pakistan’s position on its ‘Grey List’

    Pakistan which continues to face an economic crunch from the Financial Action Task Force (FATF), is hoping for some respite in the form of its removal from the FATF’s ‘grey list’.

    What is the FATF?

    • The FATF is an international watchdog for financial crimes such as money laundering and terror financing.
    • It was established at the G7 Summit of 1989 in Paris to address loopholes in the global financial system after member countries raised concerns about growing money laundering activities.
    • In the aftermath of the 9/11 terror attack on the US, FATF also added terror financing as a main focus area.
    • This was later broadened to include restricting the funding of weapons of mass destruction.
    • The FATF currently has 39 members.

    Working of FATF

    • The decision-making body of the FATF, known as its plenary, meets thrice a year.
    • Its meetings are attended by 206 countries of the global network.
    • It includes members, and observer organisations, such as the World Bank, some offices of the UN, and regional development banks.

    Functions of FATF

    • The FATF sets standards or recommendations for countries to achieve in order to plug the holes in their financial systems and make them less vulnerable to illegal financial activities.
    • It conducts regular peer-reviewed evaluations called Mutual Evaluations (ME) of countries to check their performance on standards prescribed by it.
    • The reviews are carried out by FATF and FATF-Style Regional Bodies (FSRBs), which then release Mutual Evaluation Reports (MERs).
    • For the countries that don’t perform well on certain standards, time-bound action plans are drawn up.
    • Recommendations for countries range from assessing risks of crimes to setting up legislative, investigative and judicial mechanisms to pursue cases of money laundering and terror funding.

    What are the Black List and the Grey List?

    • The words ‘grey’ and ‘black’ list do not exist in the official FATF lexicon.
    • They however designate countries that need to work on complying with FATF directives and those who are non-compliant.
    1. Black List: The blacklist, now called the “Call for action” was the common shorthand description for the FATF list of “Non-Cooperative Countries or Territories” (NCCTs).
    2. Grey List: Countries that are considered safe haven for supporting terror funding and money laundering are put in the FATF grey list. This inclusion serves as a warning to the country that it may enter the blacklist.

    Consequences of being:

    (1) In the grey list:

    • Economic sanctions from IMF, World Bank, ADB
    • Problem in getting loans from IMF, World Bank, ADB and other countries
    • Reduction in international trade
    • International boycott

    (2) In the black list:

    • High-risk jurisdictions subject to call for action
    • Countries have considerable deficiencies in their AML/CFT (anti-money laundering and counter terrorist financing) regimens
    • Enhanced due diligence
    • Members are told to apply counter-measures such as sanctions on the listed countries

    Note: Currently, North Korea and Iran are on the black list.

    Pakistan and FATF

    • Pakistan, which continues to remain on the “grey list” of FATF, had earlier been given the deadline till the June to ensure compliance with the 27-point action plan against terror funding networks.
    • It has been under the FATF’s scanner since June 2018, when it was put on the Grey List for terror financing and money laundering risks.
    • FATF and its partners such as the Asia Pacific Group (APG) are reviewing Pakistan’s processes, systems, and weaknesses on the basis of a standard matrix for anti-money laundering (AML) and combating the financing of terrorism (CFT) regime.

    Why is Pakistan on the grey list?

    • Pakistan has found itself on the grey list frequently since 2008, for weaknesses in fighting terror financing and money laundering.
    • It never addressed concerns on the front of terror financing investigations and prosecutions targeting senior leaders and commanders of UN-designated terrorist groups.
    • However, now steps had been taken in this direction such as the sentencing of terror outfit chief Hafiz Saeed, prosecution of Masood Azhar and seizure of their properties.
    • India meanwhile, a member of FATF, suspects the efficacy and permanence of Pakistani actions.

    Steps taken by Pakistan

    • Pakistan is currently banking on its potential exclusion from the grey list to help improve the status of tough negotiations with the International Monetary Fund to get bailout money.
    • Pakistan is now making a high-level political commitment to the FATF and APG to address its strategic AML/CFT deficiencies.

     

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  • New Guidelines Against Misleading Advertisements

    The Centre has announced a new set of guidelines for advertisements preventing misleading ads by Celebrities.

    Guidelines on Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022: Key takeaways

    (1) Conditions for non-misleading and valid advertisement

    An advertisement shall be considered to be valid and not misleading:

    • If it contains truthful and honest representation;
    • Does not mislead consumers by exaggerating the accuracy,
    • Scientific validity or practical usefulness or capability or performance or service of the goods or product;
    • Does not present rights conferred on consumers by any law as a distinctive feature of advertiser’s offer.

     (2) Bait Advertisement

    • A bait advertisement shall not seek to entice consumers to purchase goods, products or services without a reasonable prospect of selling such advertised goods, products or services at the price offered.
    • The advertiser shall ensure that there is adequate supply of goods, products or services to meet foreseeable demand generated by such advertisement.

    (3) Prohibition of surrogate advertising

    • No surrogate advertisement or indirect advertisement shall be made for goods or services whose advertising is otherwise prohibited or restricted by law.
    • No circumventing of such prohibition or restriction and portraying it to be an advertisement for other goods or services shall be allowed.

    (4) Free claims advertisements

    • A free claims advertisement shall not describe any goods, product or service to be ‘free’, ‘without charge’ or use such other terms if the consumer has to pay anything other than the unavoidable costs.
    • Seller must make clear the extent of commitment that a consumer shall make to take advantage of a free offer.

    (5) Children targeted advertisements

    • An advertisement that addresses or targets or uses children shall not condone, encourage, inspire or unreasonably emulate behaviour that could be dangerous for children or take advantage of children’s inexperience, credulity or sense of loyalty.

    (6) Limitations on Celebrity Endorsers

    • The government has tightened norms for endorsers, including celebrities and sportspersons.
    • They are now required to make material connection disclosures and undertake due diligence while doing advertisements.
    • Endorsements must reflect the honest opinions, belief or experience of the endorsers.
    • The endorsers have to make material connection disclosures and failing to do so will attract penalty under the Consumer Protection Act (CPA).
    • Material disclosures mean any relationship that materially affects the weight or credibility of any endorsement which a reasonable consumer would not expect.
    • Violation of these guidelines will attract a penalty of ₹10 lakh for the first offence and ₹50 lakh for the subsequent offence, under the CPA.

    (7) ASCI rules

    • The latest guidelines will also apply to government advertisements.
    • Moreover, the advertising guidelines for self-regulation issued by the Advertising Standards Council of India (ASCI) will also be in place in a parallel manner.

     

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