On February 18, 2025, the U.S. Secuirty and Exchange commission asked the Indian government under the Hague Service Convention, to serve summons on Gautam Adani and Sagar Adani in a securities and wire fraud case.
What is the Hague Service Convention?
The Hague Service Convention, formally known as the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (1965), is a multilateral treaty that facilitates the service of legal documents across international borders in civil and commercial cases.
How does it work?
The Hague Service Convention standardizes the process for serving legal documents across borders in civil and commercial matters. It operates through Central Authorities in member countries, ensuring efficient service, protecting defendants’ rights, and allowing alternative methods like postal service if permitted. It excludes criminal cases and non-signatory nations.
How is the U.S. Securities and Exchange Commission attempting to serve summons on the Adanis?
Invoking the Hague Service Convention: The SEC has requested assistance from India’s Ministry of Law and Justice under Article 5(a) of the Hague Service Convention to officially deliver the summons to Gautam Adani and Sagar Adani.
Exploring Alternative Service Methods: The SEC is considering alternative methods under Rule 4(f) of the U.S. Federal Rules of Civil Procedure, which allows service through means like email or social media, if conventional methods face delays.
Proceeding Despite FCPA Suspension: Although the Trump administration has temporarily paused the Foreign Corrupt Practices Act (FCPA) enforcement for 180 days, the SEC argues that the pause does not apply retroactively, allowing their investigation into the Adanis to continue.
What are India’s reservations under the Convention?
Opposition to Alternative Service Methods: India rejects all alternative service methods under Article 10 of the Convention, including postal service, diplomatic channels, and direct service by foreign judicial officers.
Example: A U.S. court cannot serve legal documents in India via U.S. consular channels unless the recipient is a U.S. national residing in India.
Mandatory Use of Central Authority: All service requests must go through India’s Ministry of Law and Justice, which is the designated central authority for processing foreign summons. Requests must be in English or include an English translation.
Example: In Punjab National Bank (International) Ltd. v. Boris Shipping Ltd. (2019), a U.K. court ruled that service through alternative methods was invalid due to India’s reservations.
How long does the service process typically take?
The service process under the Hague Service Convention in India typically takes six to eight months. After receiving a request, India’s Ministry of Law and Justice verifies and forwards it to the appropriate authority. Upon completion, an acknowledgement is issued to the requesting country, confirming successful service.
Way forward:
Expedite Processing Mechanisms: Implement digital tracking and streamlined workflows within the Ministry of Law and Justice to reduce delays in handling service requests.
Strengthen Bilateral Cooperation: Enhance legal cooperation with key countries through bilateral agreements to complement the Hague Service Convention and facilitate faster document service.
GS 2: ‘A national Lokpal, however strong it may be, cannot resolve the problems of immorality in public affairs’. Discuss. 2013
Microthemes: Jurisdiction of Lokpal
Supreme Court Stays Lokpal’s Order
On February 20, 2025, a Special Bench of the Supreme Court comprising Justices B.R. Gavai, Surya Kant, and A.S. Oka addressed a crucial constitutional question: Can the Lokpal of India investigate sitting High Court judges? The issue emerged after the Lokpal, led by former Supreme Court judge A.M. Khanwilkar, ruled that High Court judges appointed under Acts of Parliament fall under its jurisdiction.
This ruling prompted the Supreme Court to intervene suo moto (on its own), with Justice Gavai calling it “very, very disturbing.” The case raises pressing concerns about judicial independence, separation of powers, and the scope of Lokpal’s authority.
The Complaint before Lokpal:
The case before the Lokpal revolved around allegations against an Additional Judge of a High Court (whose identity remains undisclosed). The complaint alleged:
The judge influenced two other judges to rule in favor of a private company that was previously their client.
The decision allegedly compromised judicial neutrality and favored a corporate interest.
The complaint raised serious ethical concerns, prompting the Lokpal to initiate an inquiry.
The Lokpal justified its jurisdiction under Section 14 of the Lokpal and Lokayuktas Act, 2013.
The order referred to a January 3, 2025, precedent where the Lokpal dismissed a complaint against former CJI D.Y. Chandrachud, ruling that Supreme Court judges were not covered as the SC was established under Article 124 of the Constitution, rather than an Act of Parliament.
Based on this distinction, the Lokpal asserted that judges of High Courts established under Acts of Parliament, like the Delhi or Gauhati High Courts, were subject to its jurisdiction.
However, this interpretation was swiftly challenged by the Supreme Court.
Supreme Court’s Concerns:
The Supreme Court questioned the validity of the Lokpal’s assertion, emphasizing key constitutional principles:
Judges Are Constitutional Authorities – Justice Oka noted that all judges, whether of the High Court or Supreme Court, derive their authority from the Constitution, not statutory law.
A Statutory Body Cannot Override the Constitution – The Lokpal Act is a parliamentary statute, whereas judicial independence is a constitutional mandate.
Legal Precedent on Judicial Investigations – The 1991 Supreme Court ruling in K. Veeraswamy v. Union of India clarifies that High Court and Supreme Court judges are public servants under the Prevention of Corruption Act, 1988, but with key restrictions.
Mandatory Consultation with the CJI – The Veeraswamy judgment mandates that before filing a complaint or FIR against a High Court or Supreme Court judge, the President must consult the Chief Justice of India (CJI).
Solicitor General Tushar Mehta’s Argument – Mehta argued that judges are not answerable to the Lokpal, as judicial accountability should be managed within the judiciary itself.
Immediate Stay on Lokpal’s Order – The Supreme Court halted any further action by the Lokpal and issued notices to the Union Government, the Lokpal Registrar, and the complainant.
This intervention underscores the delicate balance between judicial accountability and judicial independence.
Key developments:
The Supreme Court’s stay order sets the stage for a landmark decision on the jurisdictional limits of the Lokpal.
The Union Government’s response will clarify its stance on the judicial accountability framework.
The Supreme Court may establish clearer guidelines on handling misconduct allegations against judges.
If the Lokpal’s jurisdiction is upheld, it could create significant friction between the executive and judiciary.
The case may prompt parliamentary discussions on judicial oversight mechanisms.
Chief Justice of India’s (CJI) input will be crucial in shaping the final verdict.
The ruling will set a constitutional precedent for future cases involving judicial accountability and Lokpal powers.
Until then, judicial independence remains a critical constitutional pillar under scrutiny.
Seven Elements of Judicial Independence
Judicial independence is fundamental to democracy. Here’s how the Lokpal’s order challenges the seven pillars of judicial independence:
Element
Explanation
Impact of Lokpal’s Order
Separation from Executive & Legislature
Judiciary must remain free from government control.
Allowing Lokpal (a statutory body) to investigate judges risks executive interference.
Security of Tenure
Judges can only be removed through impeachment under Articles 124(4) and 217(1)(b).
If Lokpal probes judges, it could lead to undue pressure, undermining judicial impartiality.
Financial Independence
Judicial salaries and pensions are secured under Article 125 & 221.
While Lokpal doesn’t impact funding, external oversight could lead to coercive tactics.
Power of Judicial Review
Courts must independently review executive actions.
If judges fear Lokpal scrutiny, their ability to check executive overreach could be compromised.
Contempt of Court Powers
Courts have authority to penalize attempts to undermine their dignity.
If Lokpal intervenes, courts could lose internal disciplinary autonomy.
Collegium System for Appointments
Judges appoint judges to avoid political interference.
Judicial appointments could be indirectly influenced if Lokpal gains oversight.
Freedom from Public & Media Pressure
Judges should rule based on law, not public sentiment.
Lokpal investigations could lead to media trials, affecting judicial neutrality.
Final Analysis: Lokpal vs. Judicial Independence
The Supreme Court’s intervention aligns with the core principles of judicial independence. While judicial accountability is essential, it must be regulated within the judiciary to prevent political or executive influence. Key takeaways:
Separation of powers must be upheld – Judges must remain independent of executive oversight.
Existing legal safeguards are sufficient – The Veeraswamy ruling already provides a framework for judicial accountability.
Expanding Lokpal’s jurisdiction could weaken the judiciary – Subjecting judges to external scrutiny risks undermining their independence.
A balanced reform approach is needed – Judicial accountability can be strengthened internally without compromising separation of powers.
The Supreme Court’s final verdict will set a precedent – The ruling could reshape how India handles allegations against sitting judges.
The rule of law depends on an independent judiciary – Ensuring judicial autonomy is key to democratic stability.
Conclusion
The Supreme Court’s decision to stay the Lokpal’s order reinforces a constitutional commitment to judicial independence. While judges must be held accountable, allowing an external statutory body like Lokpal to investigate them could disrupt the delicate balance of power. The ongoing case will determine the limits of Lokpal’s authority and redefine judicial accountability in India.
Back to Basics: Understanding Judicial Independence
What is Judicial Independence?
Judicial independence means that the judiciary must be free from executive and legislative influence, ensuring fair and impartial justice. It prevents undue pressure on judges, safeguarding their ability to interpret laws and uphold constitutional values.
Key Principles of Judicial Independence:
Separation of Powers – The judiciary must remain distinct from the executive and legislature to prevent conflicts of interest.
Security of Tenure – Judges cannot be removed arbitrarily; they serve fixed terms and can only be impeached through constitutional processes.
Financial Independence – Judges’ salaries and pensions are secured under constitutional provisions to prevent economic coercion.
Power of Judicial Review – The judiciary must have the authority to review laws and executive actions for constitutional validity.
Collegium System for Appointments – Ensures judges are appointed based on merit, free from political influence.
Contempt of Court Powers – Allows courts to penalize any attempts to undermine judicial authority.
Freedom from Media & Public Pressure – Judges should decide cases based on law, not public sentiment or political influence.
NASA is set to launch the Polarimetry to Unify the Corona and Heliosphere (PUNCH) mission on February 28, 2025, aboard a SpaceX Falcon 9 rocket.
About the PUNCH Mission
PUNCH Mission is a groundbreaking solar mission designed to study the Sun’s corona and solar wind using advanced imaging techniques.
It will consist of 4 small satellites operating in Low Earth Orbit (LEO) for an expected two-year mission.
Unlike previous missions, PUNCH will use polarimetry (measurement of polarized light) to observe solar phenomena in 3D.
It allows scientists to study the origin and evolution of solar winds and Coronal Mass Ejections (CMEs), both of which impact space weather and Earth’s technological systems.
Focus Areas of the PUNCH Mission:
Study how the Sun’s outer corona transforms into the solar wind.
Observe how CMEs are formed, gain speed, and travel through space.
Improve space weather forecasting to protect satellites, astronauts, and power grids.
Provide real-time data to help scientists predict solar storms and geomagnetic disturbances.
Contribute to NASA’s Artemis program by ensuring safe deep-space exploration.
Key Features of the PUNCH Mission:
4 microsatellite weighs 64 kg each and works together to capture a wide-field view of the Sun’s corona.
Advanced Imaging Instruments:
Narrow Field Imager (NFI): Captures high-resolution images of the inner corona.
Wide Field Imagers (WFIs): Observe solar wind and CMEs across interplanetary space.
STEAM (X-ray spectrometer): Monitors coronal heating and solar flares.
Provides real-time data every four minutes.
Offers a 90° field of view, covering the Sun’s outer atmosphere and heliosphere.
Helps mitigate the effects of solar storms on Earth’s communication systems.
Aids in protecting astronauts and satellites from harmful solar radiation.
PYQ:
[2022] If a major solar storm (solar flare) reaches the Earth, which of the following are the possible effects on the Earth?
GPS and navigation systems could fail.
Tsunamis could occur at equatorial regions.
Power grids could be damaged.
Intense auroras could occur over much of the Earth.
Forest fires could take place over much of the planet.
Orbits of the satellites could be disturbed.
Shortwave radio communication of the aircraft flying over polar regions could be interrupted.
Select the correct answer using the code given below:
(a) 1, 2, 4 and 5 only
(b) 2, 3, 5, 6 and 7 only
(c) 1, 3, 4, 6 and 7 only
(d) 1, 2, 3, 4, 5, 6 and 7
The National Statistics Office (NSO), under the Ministry of Statistics and Programme Implementation (MoSPI), has released the Time Use Survey (TUS) 2024, marking the second nationwide survey of its kind after 2019.
What is the Time Use Survey (TUS) 2024?
The TUS, 2024 is a nationwide survey conducted by the National Statistics Office (NSO) under the Ministry of Statistics and Programme Implementation (MoSPI).
It is the second edition of the survey, following the first TUS conducted in 2019.
Purpose: TUS measures how individuals allocate their time across paid work, unpaid domestic work, caregiving, learning, leisure, and other daily activities.
India is among a few countries, including Australia, Japan, Korea, the US, and China, that conduct National Time Use Surveys.
Unlike traditional surveys that focus solely on employment, TUS captures both economic and non-economic activities, highlighting gender roles, social structures, and lifestyle changes.
Key Highlights of TUS 2024:
75% of males and 25% of females (aged 15-59 years) participated in employment-related activities in 2024.
In 2019, the participation rate was 70.9% for males and 21.8% for females, reflecting a 3.2% increase in female workforce participation.
Decline in unpaid domestic work for women from 315 minutes/day (2019) to 305 minutes/day (2024), indicating a shift towards paid employment.
41% of women and 21.4% of men in the 15-59 age group engaged in caregiving.
Women spent 140 minutes/day, while men spent 74 minutes/day on caregiving.
Male involvement in child-rearing and elder care is rising, signaling changing gender roles.
89.3% of children (6-14 years) participated in learning activities, dedicating an average of 413 minutes/day.
Leisure time has increased – People aged 6 years and above spent 11% of their daily time on cultural, leisure, mass media, and sports activities, compared to 9.9% in 2019.
16.8% of people engaged in producing goods for personal use, spending 121 minutes/day.
In rural areas, 24.6% of individuals (15-59 years) participated in household production.
Unpaid domestic services participation: 81.5% of women, 27.1% of men.
PYQ:
[2013] Disguised unemployment generally means:
(a) large number of people remain unemployed
(b) alternative employment is not available
(c) marginal productivity of labour is zero
(d) productivity of workers is low
[2023] Most of the unemployment in India is structural in nature. Examine the methodology adopted to compute unemployment in the country and suggest improvements.
The Ministry of Ports, Shipping, and Waterways (MoPSW) has launched the “One Nation, One Port Process” (ONOP) initiative to standardize and streamline operations across India’s major ports.
What is the One Nation, One Port Initiative?
The One Nation, One Port Process initiative, launched by the Ministry of Ports, Shipping, and Waterways (MoPSW), aims to standardize and streamline port operations across India.
It seeks to eliminate inefficiencies, reduce documentation, and enhance trade competitiveness, aligning with India’s vision of becoming a global maritime hub.
Key Features:
Standardized Port Operations: Uniform documentation, customs, and clearance processes across all ports to improve efficiency.
Reduction in Documentation: Container operation documents reduced by 33% (from 143 to 96); bulk cargo documents cut by 29% (from 150 to 106).
Sagar Ankalan Logistics Port Performance Index (LPPI): Tracks port efficiency and competitiveness to align with global logistics standards.
MAITRI Digital Platform: Integrates AI and Blockchain for automated trade approvals, supporting Virtual Trade Corridors (VTC) with UAE, BIMSTEC, and ASEAN.
Green and Smart Port Infrastructure: Encourages low-carbon logistics, sustainable shipping, and modernized port facilities.
Maritime Development Fund & Shipbuilding Support: Provides financial incentives for domestic shipyards and strengthens India’s maritime industry.
PYQ:
[2009] In India, the ports are categorized as major and nonmajor ports. Which one of the following is a nonmajor port?
(a) Kochi (Cochin)
(b) Dahej
(c) Paradip
(d) New Mangalore
Q) “In spite of adverse environmental impact, coal mining is still inevitable for Development”. Discuss. (UPSC CSE 2017)
Mentor’s Comment: UPSC mains have always focused on the diverse environmental impact of coal (2017), and environmental impacts of coal-fired thermal plants(2014).
India relies on coal for 65% of its electricity due to its low cost and large reserves. Coal-fired power plants release harmful gases like CO₂, SOx, NOx, and particulate matter, causing pollution and climate issues. Using Low NOx Burners with Over Fire Air technology can reduce NOx emissions by 45-80% without affecting power generation.
Today’s editorial discusses pollution caused by coal-fired power plants in India. This information is relevant for GS Paper 3 in the UPSC Mains exam.
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Let’s learn!
Why in the News?
New research from Stanford University in the US shows that coal-fired power plants are reducing India’s rice and wheat production, causing up to a 10% loss in several states.
Why did the researchers focus on nitrogen dioxide (NO₂) emissions?
Phytotoxic Effects on Crops: NO₂ is phytotoxic, meaning it directly harms plant health by interfering with cellular functions and enzymatic activities. Example: In agricultural areas near coal plants, NO₂ exposure leads to lower chlorophyll levels, reducing plant vitality and yield.
Formation of Secondary Pollutants: NO₂ contributes to the formation of ground-level ozone, which further damages crops by limiting photosynthesis and causing oxidative stress. Example: Increased ozone formation near coal hubs like Chhattisgarh exacerbates crop loss during peak growing seasons.
Limited Existing Research in India: While global studies link NO₂ to agricultural damage, there was no systematic study at the power-plant level in India. Example: This research fills the gap by connecting NO₂ emissions from coal plants directly to wheat and rice yield losses.
Satellite Data Availability: Advanced satellites like TROPOMI allow precise tracking of NO₂ concentrations, making it easier to study the pollutant’s widespread effects. Example: Researchers used satellite-derived vegetation indices (NIRv) to measure crop health across polluted regions.
High Contribution from Coal Plants: Coal-fired power plants are a major source of NO₂ emissions, especially in industrial and agricultural belts. Example: In Chhattisgarh, around 19% of monsoon-season NO₂ comes from coal plants, causing significant crop damage.
How does this pollutant impact plant health and crop yield?
Disruption of Photosynthesis: NO₂ reduces the amount of sunlight available for photosynthesis by forming secondary pollutants like particulate matter. This limits energy production in plants. Example: In areas near coal plants, reduced sunlight exposure leads to a 5-10% decline in rice and wheat yields in states like West Bengal and Madhya Pradesh.
Cellular and Enzymatic Damage: NO₂ interferes with crucial cellular processes and enzymatic functions, weakening plant growth and reducing their ability to absorb nutrients. Example: Crops exposed to high NO₂ levels in Chhattisgarh show slower growth and lower productivity, especially during peak seasons.
Ozone Formation and Oxidative Stress: NO₂ contributes to ground-level ozone, which causes oxidative stress in plants, leading to leaf damage and reduced crop yields. Example: In Uttar Pradesh, where overall NO₂ levels are high, wheat crops suffer significant losses due to ozone-induced stress during the winter season.
Which states show the highest agricultural losses?
Chhattisgarh: The most affected region with the highest share of NO₂ pollution from coal plants (19% during the monsoon and 12.5% in winter). It is a major hub for coal-fired power generation, leading to severe air pollution and crop yield losses.
West Bengal: There are significant NO₂ exposure from coal plants that affects 5.7% of cropland, with yield losses between 5-10% and even greater than 10% in some areas. The proximity of coal plants to fertile agricultural zones increases the impact on rice and wheat production.
Madhya Pradesh: About 5.9% of cropland near coal plants experiences 5-10% yield losses, while 11.9% of agricultural land could face losses exceeding 10%.
Uttar Pradesh: High overall NO₂ pollution, but only a small portion originates from coal-fired power plants. The other industrial sources dominate NO₂ emissions, yet coal plants still add to the burden on winter wheat yields.
Tamil Nadu: Low overall NO₂ levels but a large share comes from coal plants, disproportionately affecting local agriculture. The concentration of coal-fired power plants contributes a substantial portion of the region’s air pollution.
What steps have been taken by the Indian government?
Increased Budget Allocation for Coal Sector: The 2025-2026 Union Budget has increased the allocation for the Ministry of Coal by 255% over the revised estimates of FY 2024-2025, reflecting a focus on managing coal resources and addressing environmental concerns.
Pollution Control Mandates: The government has introduced emission norms for coal-fired power plants, requiring the installation of pollution control equipment like Flue Gas Desulphurization (FGD) to reduce nitrogen oxides (NO₂) and other pollutants.
Renewable Energy Promotion: Policies such as the National Solar Mission and incentives for renewable energy aim to reduce coal dependency and minimize air pollution while promoting cleaner energy alternatives.
Way forward:
Strengthen Emission Regulations: Implement stricter NO₂ emission limits for coal-fired power plants, enforce regular monitoring, and expedite the adoption of advanced pollution control technologies like selective catalytic reduction (SCR).
Promote Sustainable Agriculture and Clean Energy: Support farmers in NO₂-affected regions with resilient crop varieties and promote a transition to renewable energy through increased investment in solar and wind infrastructure.
All pregnant women in India are entitled to maternity benefits, yet the majority have not received any financial support in recent years.
What are the legal maternity benefit provisions under the National Food Security Act (NFSA) 2013?
Universal Entitlement (Except Formal Sector): All pregnant and lactating women (excluding those already receiving maternity benefits in the formal sector) are legally entitled to receive ₹6,000 per child to support nutrition and health.
Objective of Nutrition and Health Support: The provision aims to improve maternal and child health by ensuring better access to nutrition, rest, and medical care during pregnancy and after childbirth.
Legal Obligation for Central Government: It is the legal duty of the central government to ensure maternity benefits are provided without arbitrary reductions or restrictions.
How do they compare to the benefits provided under the Pradhan Mantri Matru Vandana Yojana (PMMVY)?
Coverage Scope
NFSA 2013: Provides ₹6,000 per child to all pregnant and lactating women (excluding those in the formal sector).
PMMVY: Provides ₹5,000 only for the first child (recently extended to the second child if it is a girl), violating the universal entitlement under NFSA.
Implementation Efficiency
NFSA 2013: Mandates universal coverage without restrictive conditions to ensure access for all eligible women.
PMMVY: Imposes strict conditions (e.g., Aadhaar verification) and complex processes, leading to low disbursement rates and exclusion of many entitled women.
What are the issues related to Scant information?
Minimal Data Disclosure: The Ministry of Women and Child Development provides limited information on PMMVY, violating Section 4 of the RTI Act, which mandates proactive disclosure of public data. For example, basic details like the number of beneficiaries and payment status are not available.
RTI-Driven Insights: Information on PMMVY coverage is only accessible through RTI queries. For instance, RTI data revealed that effective coverage dropped from 36% in 2019-20 to just 9% in 2023-24, highlighting the program’s declining reach.
Budgetary Secrecy: There is little transparency about financial allocations and expenditures. For example, official records do not openly explain why central government spending fell to ₹870 crore in 2023-24—just one-third of the amount five years earlier.
Why has the effective coverage of the PMMVY declined sharply since 2019-20?
Software-Related Issues and Technical Glitches: In 2023-24, major changes in the PMMVY’s software and implementation processes caused frequent system failures, delaying or blocking payments. Officials admitted to facing software issues “every day,” leading to a reduced disbursement rate despite consistent applications.
Restrictive Eligibility and Complex Documentation: PMMVY limits benefits to only the first child (and a second child if a girl), violating the universal entitlement under the NFSA. Strict Aadhaar-based verification and other conditions exclude migrant workers and women in remote areas who struggle to complete the paperwork.
Budget Cuts and Reduced Government Spending: Central government spending on PMMVY fell to ₹870 crore in 2023-24, just one-third of the amount five years earlier. This underfunding directly reduced the number of eligible women receiving maternity benefits.
How do the maternity benefit schemes in Tamil Nadu and Odisha differ from the PMMVY?
Higher Financial Assistance: Tamil Nadu provides ₹18,000 per child (with a promise to increase it to ₹24,000), and Odisha offers ₹10,000 per child. In comparison, PMMVY provides only ₹5,000 for the first child (and a second child if a girl), which is below the ₹6,000 mandated by the NFSA.
Inclusive Eligibility Criteria: Tamil Nadu and Odisha offer benefits for every childbirth without restrictive conditions. PMMVY, however, limits benefits to the first child (with a recent extension to the second child if a girl), excluding many eligible women.
Better Implementation and Coverage: Tamil Nadu achieved 84% coverage in 2023-24, and Odisha covered 64% of births in 2021-22. In contrast, PMMVY’s effective coverage fell to just 9% in 2023-24 due to software glitches, reduced spending, and complex documentation.
What role did software-related problems play in further reducing disbursements in 2023-24?
Frequent System Failures: Major changes in PMMVY’s software and implementation processes in 2023-24 caused regular technical glitches, disrupting the payment system and delaying disbursements. Officials reported encountering software issues daily.
Reduced Disbursement Rate: Despite consistent applications, technical problems led to a sharp decline in the actual release of benefits. The disbursement rate dropped significantly, contributing to a fall in effective coverage to just 9% in 2023-24.
Way forward:
Simplify Implementation and Strengthen Technology Infrastructure: Ensure robust, user-friendly software systems with regular maintenance to prevent glitches. Simplify application processes and reduce bureaucratic hurdles for timely disbursement.
Expand Coverage and Increase Funding: Align PMMVY benefits with NFSA provisions by providing ₹6,000 for every child. Increase budgetary allocations to ensure universal access and include marginalized groups like migrant workers.
Mains PYQ:
Q What are the salient features of the National Food Security Act, 2013? How has the Food Security Bill helped in eliminating hunger and malnutrition in India? (UPSC IAS/2021)
The Ministry of Electronics and Information Technology (MeitY) plans to complete public consultations on the draft Rules for the Digital Personal Data Protection Act, 2023, by March 5. Meanwhile, disability rights activists are urging changes to a key provision of the Act.
Why are persons with disabilities concerned about a certain provision in the draft Rules of the Digital Personal Data Protection Act, 2023?
Infringement on Autonomy and Decision-Making Capacity: Section 9(1) clubs adult PwDs with children, requiring consent from a legal guardian for processing personal data. This undermines their ability to make independent decisions.
Example: An adult with a physical disability wanting to access online banking may be restricted if the platform requires guardian consent.
Lack of Clarity and Ambiguity in Implementation: The Act does not clearly outline how consent should be obtained across various disabilities and degrees of severity, leading to confusion.
Example: A person with limited cognitive impairment under “limited guardianship” may still be treated as entirely incapable.
Conflict with UNCRPD Principles: The provision conflicts with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), which emphasizes supported decision-making over substituted decision-making.
Example: Under the RPWD Act, a PwD may receive assistance only when necessary, but the DPDP Act assumes total incapacity if a legal guardian exists, contradicting the UNCRPD framework.
Concerns About Privacy and Data Security: Platforms may need to collect sensitive information (like whether a user has a disability) to verify guardianship status, raising privacy concerns.
Exclusion from Digital Services: The additional procedural burden on PwDs and data fiduciaries could lead to exclusion from essential digital platforms.
How do guardianships for Persons with Disabilities (PwDs) function?
Governed by Two Laws:
Rights of Persons with Disabilities (RPWD) Act, 2016: Allows for limited guardianship, where PwDs are supported in making specific legal decisions. This aligns with the UN Convention on the Rights of Persons with Disabilities (UNCRPD) by preserving decision-making autonomy.
National Trust (NT) Act, 1999: Provides for full guardianship for individuals with autism, cerebral palsy, intellectual disabilities, or multiple disabilities. This model is more paternalistic and conflicts with the UNCRPD’s emphasis on autonomy.
Practical Challenges: Although the RPWD Act emphasizes limited guardianship, PwDs often report that their guardians control all aspects of their lives. The NT Act’s rigid framework assumes a lack of decision-making capacity without defining clear standards for assessing it.
How are legal guardians defined under the draft rules?
legal guardians: Under the draft Digital Personal Data Protection Rules, 2025, legal guardians are defined as individuals appointed through specific legal frameworks to act on behalf of persons with disabilities (PwDs).
Data Fiduciaries are required to verify the guardian’s appointment by a court of law, designated authority, or local-level committee under applicable guardianship laws.
Who are data fiduciaries and data principals?
Data Fiduciaries: Entities (organizations, companies, or individuals) that collect, store, and process personal data while determining the purpose and means of such processing under the Digital Personal Data Protection (DPDP) Act, 2023.
Data principals: Individuals whose personal data is being collected, processed, or stored. This term generally refers to users, consumers, or citizens under the DPDP Act.
Where does the conflict lie?
Presumption of Incapacity vs. Legal Recognition of Capacity: The DPDP Act assumes adult PwDs lack the capacity to give consent if a guardian is involved, whereas the RPWD Act recognizes their legal capacity and promotes their right to make decisions.
Example: A person with mild intellectual disability working in a corporate setting may need guardian approval for routine data-related tasks, despite their ability to understand and consent.
Data Privacy vs. Intrusive Verification: The DPDP Act may require platforms to collect and verify sensitive disability information, potentially breaching privacy rights, while the UNCRPD emphasizes the right to privacy without discrimination.
Example: An online service requiring disability verification for consent could store unnecessary sensitive data, increasing risks of unauthorized access or misuse.
Way forward:
Adopt a Supported Decision-Making Model: Align the DPDP Act with the RPWD Act and UNCRPD by recognizing limited guardianship and allowing PwDs to provide independent consent with appropriate support when needed.
Ensure Privacy and Minimize Data Collection: Limit the collection of sensitive disability information to essential cases, ensuring purpose limitation and data minimization while protecting PwDs’ privacy rights.
Mains PYQ:
Q Impact of digital technology as a reliable source of input for rational decision-making is a debatable issue. Critically evaluate with a suitable example. (UPSC IAS/2021)
Recently, China’s Ambassador to India highlighted the historical significance of ‘Tea Horse Road’ in fostering Sino-Indian ties.
About the Tea Horse Road
The Tea Horse Road originated during the Tang Dynasty (618-907 CE).
Buddhist monk Yijing (635-713 CE) recorded early trade between China, Tibet, and India, mentioning exchanges of sugar, textiles, and herbs.
By the Song Dynasty (960-1279 CE), the trade focused on tea exports to Tibet and importing horses for China’s military.
The network spanned over 2,000 km, crossing treacherous mountain passes at altitudes above 10,000 feet.
The Tea Horse Road was not a single road but a network of multiple routes. Two primary routes were:
Yunnan Route: Starting from Pu’er and Dali, passing through Lijiang, reaching Lhasa (Tibet), and extending into India (via Sikkim, Nepal, and Bhutan).
Sichuan Route: Connecting Chengdu (Sichuan) to Tibet and North India.
Tea from southwestern China was transported to Tibet, then moved through the Himalayan passes to Kolkata and beyond, reaching Europe and Asia.
The rise of modern roads and railways in the mid-20th century led to its gradual decline.
Historical Significance:
Trade & Economy: Connected Tibet and China to India’s markets, facilitating the export of Chinese tea and Tibetan wool to Kolkata while Indian textiles and spices moved northward.
Horses for Indian Cavalry: Tibetan horses, transported through the route, were crucial for Indian military campaigns, especially in the Mughal and British periods.
Spread of Buddhism: The route enabled Buddhist scholars and monks to travel between Nalanda, Tibet, and China, promoting cultural and religious exchanges.
Political & Diplomatic Relations: British India sought control over Sikkim and Tibet’s trade routes, leading to diplomatic interventions like the 1904 British expedition to Tibet.
Impact on Himalayan Regions: Strengthened trade and cultural ties between Ladakh, Sikkim, Arunachal Pradesh, and Tibet, influencing their shared heritage and economy.
PYQ:
[2018] The China-Pakistan Economic Corridor (CPEC) is viewed as a cardinal subset of China’s larger ‘One Belt One Road’ initiative. Give a brief description of CPEC and enumerate the reasons why India has distanced itself from the same.
[2016] ‘Belt and Road Initiative’ is sometimes mentioned in the news in the context of the affairs of