💥UPSC 2027,2028 Mentorship (May Batch) + Access XFactor Notes & Microthemes PDF

Type: op-ed snap

  • Russian Invasion of Ukraine: Global Implications

    Understanding the Russia through Ukraine War

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: NA

    Mains level: Russia Ukraine war, India-Russia relations

    Russia

    Context

    • Russia marks two anniversaries the 100th anniversary of the founding of the Soviet Union and the 31st anniversary of its dissolution. Following the Bolshevik Revolution in November 1917, the Soviet Union was proclaimed on December 30, 1922. Until its dissolution on December 26, 1991.

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    Russia

    How India looks at Russia?

    • Special Strategic Partner: Vladimir Putin’s Russia continues to be valued as the heir to the Soviet Union and as a special strategic partner.
    • Ukraine war has not affected the ties: Putin’s aggression against Ukraine and his brutal bombing of its civilian population, which Moscow claims is an integral part of Russia, has hardly made a dent in the way the Indian political classes think about the crisis.
    • Russia as anti-imperialist: On the left and centre of the Indian political spectrum, the Soviet Union has been viewed purely through the ideological lens of progressive politics nationalist, internationalist, communist and anti-imperialist. That lens, however, is detached from the history of Russia and the continuing struggles for its political soul.
    • Russia as best friend forever: Within the strategic community, the conviction that Russia is India’s “best friend forever” leaves little room for a nuanced view of Russia’s domestic and international politics.

    Understanding Russia’s behaviour through Russian History

    • The Bolshevik Revolution: It is initially sought to destroy the Russian Orthodox Church, eventually leveraged it in the deification of the Soviet state and lent a religious colour to the claim of Russian exceptionalism.
    • Alliance with orthodoxy: Putin has taken the alliance with the Russian Orthodox Church to a higher level. For the Russian nationalists today, the effort to take back Ukraine is a “holy war”.
    • Limited sovereignty to other communist state: After the Second World War, Soviet Russia insisted that fellow communist states had only “limited sovereignty” and Moscow had the right to intervene to keep them on the straight and narrow path of socialism and prevent their destabilisation. The military invasions in Hungary (1956), Czechoslovakia (1968), and Afghanistan (1979) were motivated by this impulse.
    • Russia has not given up Imperialist tradition: In claiming that Ukraine has no sovereignty of its own, Putin is merely following that imperial tradition as well as the conviction that Ukraine, Belarus and Russian-speaking people everywhere are part of the “Russkiy Mir” or the “Russian world”.
    • Mao’s characterization of Russia: After he broke from the Russian communists, Mao began to characterise Russia as an “imperial power”. Mao had not forgotten the persistent tension between the Chinese and Russian empires.

    Russia

    Analyzing Russia’s internal politics

    • Weak federalism by Lenin: The founder of the Soviet Union, Vladimir Lenin warned against the dangers of “great Russian chauvinism”. He insisted on structuring a federal polity with the right of various nationalities to secede.
    • Strong soviet by Stalin: Stalin, however, turned Russian federalism into a hollow shell and erased the difference between the “Soviet Union” and “Soviet Russia”.
    • Putin refuse to recognize Ukraine: Putin denounced Lenin for giving a separate identity to Ukraine. “Modern Ukraine”, Putin said, “can with good reason be called ‘Vladimir Ilyich Lenin’s Ukraine’.”
    • Stalling the democratic process: The enduring autocratic impulse in Moscow that is rooted in the stalled democratic revolution. Traditionally, the Russian fear of disorder has left the population to put great faith in strong leaders.
    • Centralising tendency: The frequent but unsuccessful efforts at political liberalisation have left a fertile ground in Russia for centralising power under leaders like Putin and increasing the chances of grave miscalculation.

    Russia

    What should be the India’s approach towards Russia?

    • Not directly criticize Russia: Although it has been reluctant to directly criticise Russian aggression, official India is not blind to the fact that Putin’s “special military operation” has gone horribly wrong.
    • Taking note of changing world order: India will inevitably find ways to adjust to the tectonic shifts in the world order triggered by Putin’s misadventure.
    • Learning from Putin’s mistake: The Indian political and strategic communities must come to terms with the many complex factors that have contributed to Putin’s egregious errors in Ukraine.

    Conclusion

    • To understand how the war in Ukraine might play out and its longer-term consequences for India, India’s discourse must pay greater attention to the turbulent history of Russia and its troubled relations with its Central European neighbours.

     

  • G20 : Economic Cooperation ahead

    Research and Development Scenario in India

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: NA

    Mains level: Research and development and Research Intensity

    development

    Context

    • US, has retained its global leadership for almost a century since World War I thanks to the culture of innovation backed by a solid base of research and development (R&D). China is challenging the leadership of US based on technology and innovation. If India wants to be a Vishwa guru it must invest in R&D.

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    Innovation and missing R&D Investment

    • Engine of growth: Innovation is rightly recognized as an engine for economic growth.
    • Atal innovation Mission: In 2016, the government launched the Atal Innovation Mission (AIM) to create an ecosystem to promote innovation and entrepreneurship in the country.
    • Actual spending is less: All these are steps in the right direction, but the foundation of all this lies in how much India actually spends on R&D, both in absolute terms as well as a percentage of its GDP, in relation to other G20 countries.
    • Sustainable Target: SDG Target 9.5 calls upon nations to encourage innovation and substantially increase the numbers of researchers as well as public and private spending on R&D. Gross domestic expenditure on R&D (GERD) is the proposed aggregate to quantify a country’s commitment to R&D.

    What is the scenario of Global Investment in R&D?

    • Institute for Statistics (UIS): According to UNESCO’s Institute for Statistics (UIS) latest report, the G20 nations accounted for 90.6 per cent of global GERD (current, PPP$) in 2018.
    • Increased spending on R&D: Global R&D expenditure has reached a record high of about 2.2 trillion current PPP$ (2018), while Research Intensity (R&D expenditure as a percentage of GDP) has gradually increased from 1.43 per cent in 1998 to 1.72 per cent in 2018.
    • Investment in PPP terms is inaccurate: Though looking at spending in PPP terms is a reasonable metric for welfare measurement in the economy, when it comes to technological prowess in high-end activities of R&D, it all boils down to measuring hard currency in US dollars.

    development

    Investment in R&D by G20 countries

    • G20 leader in investment: The G20 countries, accounting for 86.2 per cent of the global GDP and over 60 per cent of the global population in 2021, are the leaders in every way.
    • USA spends the Highest: The US leads the G20 by spending $581.6 billion on R&D followed by the European Union ($323 billion), and China ($297.3 billion) in 2018.
    • India spends negligible amount: India lags way behind with a paltry R&D expenditure of only $17.6 billion in 2018. In terms of their relative shares in G20 R&D expenditure, the US is way ahead with 36 per cent, followed by the EU (20 per cent), and China (18 per cent). India’s share is less than 1 per cent of G20 R&D expenditure in dollar terms.

    development

    Linkages between Research Intensity and Expenditure on R&D

    • Percentage to GDP: While the absolute expenditure on R&D provides a sense of scale, their percentage to the respective GDP provides the research intensity (RI).
    • South Korea Highest RI: It is interesting to note that in 2018 for which the latest information is available, South Korea has the highest RI at 4.43 per cent, followed by Japan (3.21 per cent), Germany (3.09 per cent), the US (2.83 per cent), France (2.19 per cent), China (2.14 per cent) and EU (2.02 per cent). India is ranked 17th in the G20, with a RI of 0.65 per cent (see infographics).
    • Example of Israel: One of the non-G20 countries is Israel, which, while having an R&D expenditure of just $18.6 billion, a population of only 9.3 million and a per capita income of around $51,430, has the highest RI of over 5 per cent. No wonder, Israel is known as a land of innovations, be it in defence or agriculture.

    development

    What India can learn from Israel?

    • Innovation growth and competition: The innovation system in Israel is a fundamental driver of its economic growth and competitiveness.
    • Active role of government: The government has played an important role in financing innovation, particularly in SMEs, and in providing well-functioning frameworks for innovation, such as venture capital (VC), incubators, strong science-industry links, and high-quality university education.
    • India can emulate Israel: Israel builds a strong case to show that despite being a smaller nation, sustainable growth can be achieved by prioritising investments in R&D. A lesson India can learn.

    Mains Question

    Q. What is difference between investment in R&D and research intensity? What is the missing part in India’s R&D and innovation ecosystem?

     

     

  • Foreign Policy Watch: India – EU

    India-EU Free Trade Agreement

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: NA

    Mains level: India-EU FTA

    Agreement

    Context

    • The third round of negotiations of the India-European Union (EU) free trade agreement concluded recently. The two sides are also negotiating an investment protection agreement (IPA), which will contain investment protection standards and an independent mechanism to settle disputes between investors and states under international law.

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    Why EU is seeking Investor Protection Agreement?

    • Regulatory troubles in India: Notwithstanding the laudable intent of the government to welcome them, foreign investors in India have often got into numerous regulatory troubles with the state.
    • Investors have sued India: Several foreign corporations like Vodafone, Cairn Energy, Nissan, White Industries, Telenor, Nokia, Vedanta have sued India to enforce the rights guaranteed to them in bilateral investment treaties (BITs). This is the main motivation behind the EU seeking an IPA with India.
    • India’s past of unilaterally changing the laws: EU investors can rely on Indian law for protection. But Indian law can be unilaterally changed to the detriment of the investor.
    • Slow Judicial process: The Indian judiciary is agonisingly slow in resolving disputes. Thus, the longing for protection under international law.

    Agreement

    What are the hurdles finalization INDIA-EU treaty?

    • Non-justiciable tax regulations: India wants to push taxation measures outside the scope of the treaty by making tax-related regulatory measures non-justiciable. The EU has difficulty accepting this proposition given the recent history of India’s tax-related investment disputes with Vodafone, Cairn Energy, and Nissan.
    • Two tier court system: The EU’s investment proposal to India talks of creating a two-tier court-like system with an appellate mechanism and tenured judges to resolve treaty disputes between investors and the state.
    • EU’s proposal of MIC: This proposal is connected to the EU’s stand internationally for creating a multilateral investment court (MIC), negotiations for which are going on at the United Nations Commission on International Trade Law (UNCITRAL). The MIC is aimed at overcoming the weaknesses of the current arbitration-based system of settling investor-state disputes.
    • Lack of clarity from India’s side: India’s position on creating an investment-court-like system is unknown. India hasn’t publicly contributed to the ongoing negotiations at UNCITRAL towards establishing a MIC.

    What is the issue of MFN and FET?

    • EU wants the MFN status: The EU’s investment proposal contains a most favoured nation (MFN) provision to ensure that EU investors do not face discrimination vis-à-vis other foreign investors.
    • India don’t want to include MFN: On the other hand, India’s position is not to include the MFN provision in its investment treaties because of the apprehension that foreign investors will use the MFN clause to indulge in disruptive treaty shopping. The solution to such disruptive treaty shopping is to negotiate for a qualified MFN provision and not exclude it altogether.
    • Fair equitable treatment: EU investment proposal contains what is known as a fair and equitable treatment (FET) provision, which is missing in the Indian 2016 Model BIT.
    • Making the state liable: The FET provision protects foreign investors, for example, by making the states liable if it goes back on the specific assurances made to an investor to induce investments on which the investor relied while making the investment.

    Why IPA is need of the hour?

    • FDI is stagnant: Overall FDI to India has stagnated for the past decade at around 2 per cent of the GDP. In the case of the EU, while its share in foreign investment stock in India increased from €63.7 billion in 2017 to €87.3 billion in 2020, this is way below the EU foreign investment stocks in China (€201.2 billion) or Brazil (€263.4 billion).
    • Negative Impact of BIT terminations: Recent research shows that India’s decision to unilaterally terminate BITs has negatively impacted FDI inflows to India.
    • IPA needed to attract FDI: India needs the IPA with the EU to attract FDI for achieving the aspirational milestone of becoming a $10-trillion economy by 2030.

    Conclusion

    • India needs to put its own house in order. India should review the 2016 Model BIT, as has also been recommended by the Parliament’s standing committee on external affairs.

    Mains Question

    Q. What is the investor protection scheme and why EU wants to include IPA in Free Trade Agreement with India? what are the hurdles in FTA between EU and India?

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  • Health Sector – UHC, National Health Policy, Family Planning, Health Insurance, etc.

    India’s G20 Presidency: Healthcare should be a central agenda

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: NA

    Mains level: Linking PHC with UHC, India's G20 presidency and healthcare agenda

    Healthcare

    Context

    • Health needs to be a central agenda for the G20 2023. It has been one of the priority areas for G20 deliberations since 2017, when the first meet of health ministers of G20 countries was organised by the German presidency. The G20 now has health finance in its financial stream and health systems development in the Sherpa stream.

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    Background: Prioritizing Health

    • An annual G20 meeting of health ministers and a joint health and finance task force reflects the seriousness the subject has gained.
    • The Berlin Declaration 2017 of the G20 health ministers provided a composite approach focusing on pandemic preparedness, health system strengthening and tackling antimicrobial resistance.
    • The Covid-19 pandemic gave added urgency to pandemic preparedness and the Indonesian presidency in 2022 made it the major focus. The Indian presidency needs to advance these agendas.

    resolution

    Global community engagement to strengthen Health systems

    • Universal Health Coverage (UHC): The concept of UHC was born in the 2000s to prevent catastrophic medical expenditures due to secondary and tertiary level hospital services by universalizing health insurance coverage.
    • UHC as a strategy to ensure healthcare for all: The UHC has been the big global approach for health systems strengthening since 2010, also adopted in 2015 as the strategy for Sustainable Development Goal-3 on ensuring healthcare for all at all ages.
    • Limited impact of UHC: However, the limited impact of this narrow strategy was soon evident, with expenditures on outdoor services becoming catastrophic for poor households and preventing access to necessary healthcare and medicines, while many unnecessary/irrational medical interventions were being undertaken.

    What are the new approaches developed to strengthen healthcare system?

    • Highlighted the need to prioritise primary healthcare (PHC): In 2018, the Astana Conference organised by WHO and UNICEF put out a declaration stating that primary healthcare (PHC) is essential for fulfilling the UHC objectives.
    • Combined UHC- PHC approach: In 2019, the UN General Assembly adopted the combined UHC-PHC approach as a political declaration.
    • World bank report on benefits of PHC services during pandemic: The World Bank published a report in 2021, “Walking the Talk: Reimagining Primary Health Care After COVID-19”. The dominant hospital-centred medical system is becoming unaffordable even for the high-income countries, as apparent during the 2008 recession and subsequently.

    What is PHC-with-UHC approach?

    • It means strengthening primary level care linked to non-medical preventive action (food security and safety, safe water and air, healthy workspaces, and so on)
    • It works through whole-of-society and whole-of-government approaches, and extending the “PHC principles” to secondary and tertiary care services.
    • This could be the most cost-effective systems design the comprehensive game changer that global health care requires.

    What is to be strengthened, what initiatives can be applied and how?

    • Making health central to development in all sectors: Health in all policies, one health (linking animal and human health for tackling antimicrobial resistance and zoonotic diseases), planetary health, pandemic preparedness.
    • Health systems strengthening: Designing PHC-with-UHC for diverse contexts. Conceptualised as a continuum of care from self-care in households to community services, to primary level para-medical services and first contact with a doctor, services provided as close to homes as possible, affordable and easily deliverable.
    • Appropriate technologies to be adopted as a norm: By strengthening health technology assessment, ethics of healthcare, equitable access to pharmaceutical products and vaccines, integrative health systems using plural knowledge systems rationally.
    • Health and healthcare from the perspective of the marginalised: Gendered health care needs, Health care of indigenous peoples globally, occupational health, mental health and wellbeing, healthy ageing.
    • Easy access to health knowledge for all: decolonization and democratization of health knowledge, with interests and perspectives of low-middle-income countries (LMICs), prevention and patient-centred healthcare.

    Healthcare

    India’s G20 Presidency: An opportunity to contribute and make inclusive healthcare system

    • India has several pioneering initiatives that can contribute to the PHC-with-UHC discussion:
    • National Health mission and dedicated health facilities: Lessons from the National Health Mission for strengthening public health delivery; the HIV-control programme’s successful involvement of affected persons/communities and a complex well-managed service structure.
    • Democratized health knowledge: Pluralism of health knowledge systems, each independently supported within the national health system.
    • Certified Health personnel: Health personnel such as the ASHAs, mid-level health providers and wellness centres, traditional community healthcare providers with voluntary quality certification;
    • R&D and widely acknowledged pharmaceutical capacity: Research designed for validation of traditional systems; pharmaceutical and vaccines production capacity;
    • Digital health as an example: Developments in digital health; social insurance schemes and people’s hospital models by civil society.

    resolution

    Conclusion

    • What is required is the drafting of PHC-with-UHC (a PHC 2.0) with a broad global consensus and commitment to a more sustainable and people-empowering health system. Pursuing such an agenda would involve much dialogue within countries, regions and globally. India should use its presidency to draft a model policy focusing on primary healthcare that commits to a universal, affordable, inclusive and just healthcare system

    Mains Question

    Q. What is Primary HealthCare and Universal healthcare integrated approach? What steps are necessary to further strengthen sustainable healthcare system? Discuss how India can contribute to it under its G20 presidency?

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  • Judicial Appointments Conundrum Post-NJAC Verdict

    Appointment of Judges: A case of confrontation between the Centre and judiciary

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Appointment of judges of SC and HC's

    Mains level: Issues with the appointment of judges of SC and HC's and judicial reforms

    Appointment

    Context

    • Recently, there has been confrontation between the Centre and judiciary on the interpretation of Article 124 (2) and 217 (1) of the Constitution.

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    Provisions related to the appointment of judges to the supreme court and high court

    • Article 124 (2): It highlights that every judge of the Supreme Court will be appointed by the president after consultation with such of the judges (in particular, the chief justice) of the Supreme Court and of the high courts in the states as necessary.
    • Article 217 (1): Similarly, for high courts, Article 217 (1) highlights that every judge of a high court will be appointed by the president after consultation with the Chief Justice of India, the governor of the state, and the chief justice of the high court.
    • Judicial independence and Collegium system: Judicial interpretation in SP Gupta vs Union of India (1981), The Supreme Court Advocates-on Record Association vs Union of India (Second Judges case) (1993) and Article 143(1) vs Unknown (Third Judges Opinion) (1998) has further evolved the principle of judicial independence and led to a collegium system for recommending judges.
    • Role of central government: Currently, the Centre can accept or reject recommendations made by the collegium system however, if a recommendation was reiterated, the government was obliged to accept it.

    Appointment

    What the ongoing tussle is all about?

    • More recently established consensus has given way to a stalemate, as the Centre stalls recommendations reiterated by the Collegium.
    • The Supreme Court pulled up the government for not following timelines laid down in the Second Judges Case.
    • The Standing Parliamentary Committee on Law and Personnel has also highlighted its disagreement with the Department of Justice that the time for filling vacancies cannot be indicated.

    Appointment

    What will be the impact of this tussle?

    • Decline in the capacity of India’s judicial system: The net effect of this historic tussle between the independent judiciary and overweening Centre has been a decline in the capacity of India’s judicial system
    • Vacancies in higher judiciary: There were approximately three vacancies (of 34) in the Supreme Court, along with about 381 (of 1,108) vacancies for judges in the high courts.
    • In lower judiciary: The lower judiciary had about 5,342 (of 24,631) seats vacant, accounting for 20 per cent of its capacity.
    • Impact on judicial efficiency: Such vacancies, particularly in the high courts of Bombay, Punjab & Haryana, Calcutta, Patna and Rajasthan are bound to have an impact on judicial efficiency (with about four crore cases pending, as of August 2022)

    Appointment

    A study: Process of appointment of judges in other countries and by political institutions

    • In Italy: Here, appointments to the Constitutional Court are made by the president, the legislature and the Supreme Court, with each entity allowed to nominate five judges.
    • In US: Supreme Court justices are nominated (for life) by the president and then approved by Senate via a majority vote. Whereas, the state governor appoints state judges based on recommendations provided by a merit commission.
    • In Germany: The German Constitutional Court is appointed by the Parliament (each House gets four appointments in each of the Court Senates) with a supermajority vote (2/3). Naturally, this can lead to a partisan judiciary.
    • In Iraq: All judges are graduates of a Judicial Institute, with all applicants undergoing written and oral tests, along with an interview with a panel of judges.
    • In Japan: The Supreme Court Secretariat controls lower-level judicial appointments, along with their training and promotions.
    • Judicial elections to enhance the accountability of judiciary: Judicial elections have also been utilised to enhance the accountability of the judiciary a variety of states in the US using elections for judicial appointments to the State Supreme Courts.
    • Judicial councils: Other countries have experimented with judicial councils (often comprising of existing judges, representatives of the Ministry of Justice, members of the bar association, laymen etc)

    Appointment

    Appointments through Judicial Commission

    • Centres push Judicial Commission: for Recently, the Centre pushed for judicial appointments to be conducted via a Judicial Commission (National Judicial Appointments Commission Bill, 2014).
    • Supreme court says collegium system open to greater transparency: The Supreme Court struck down the NJAC Act (2014) with a 4:1 majority, while highlighting that it was open to greater transparency in the collegium system in particular, making the collegium more transparent, fixing eligibility criteria for appointing judges and debating whether an empowered secretariat was required to appoint judges.

    In this scenario what are suggested reforms?

    • Empower secretariat to select and recommend candidates: The Collegium system can continue; however, a secretariat may be empowered to select and recommend candidates, with the Executive continuing to hold power to appoint judges.
    • Greater representation of our society in the judiciary: The secretariat could be staffed with current judges, members of the bar association, representatives of the law ministry and laymen and should push for greater representation of our society in the judiciary. There were only three women and two SC judges in the Supreme Court.
    • New Court of appeal: Beyond judicial appointments, there is a clear need for having a new Court of Appeal (refer PIL by V Vasanthakumar). The Supreme Court was never intended to be a regular court of appeal against orders in high courts (Bihar Legal Society vs Chief Justice of India, 1986) the Supreme Court should not be hearing bail applications.
    • Federal court of Appeal: Instead, as recommended by the Law Commission, we need to have a Federal Court of Appeal, with branches in major metros.
    • Transform Supreme court into constitutional court: The Supreme Court should be transformed into a Constitutional Court (via a constitutional amendment) doing this would mean fewer cases (about 50, anecdotally) being kept pending at the highest level.
    • Defined retirement age for all judges: There need a push for a defined retirement age, say 65, for all judges, whether at a high court or Supreme Court level post retirement, there should also be a mandatory cooling off period for judges to be nominated to roles in government.

    Conclusion

    • Judicial independence continues to be important for the health of India’s democracy. A credible and impartial system of appointing judges is necessary to achieve judicial independence. Any appointment must ensure judicial accountability, fostering a judiciary which, at an individual and systemic level, is independent from other branches of government.

    Mains Question

    Q. What is the process of appointment of Supreme Court and High Court Judges? What is the Government’s position on the appointment of judges? What measures are suggested for judicial appointments?

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  • Divyang Friendly Physical and Digital Interface of buildings

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: NA

    Friendly

    Context

    • Among the various disadvantages we poorly equipped to support people with disabilities about access to parliament. It is time to make the physical and digital interface of parliament and other buildings more disabled-friendly.

    What are the common suggestions about disabled friendly parliament?

    • Accessibility Committee: To attend to the access needs of the disabled.
    • Providing sign language: For interpretation for Parliamentary proceedings.
    • Audit of website: Ordering an accessibility audit of Parliament’s websites.

    Friendly

    What is the accessible India campaign?

    • Disable friendly facilities: In December 2015, the Government of India launched the Accessible India Campaign (AIC) to make the built environment, ICT ecosystem and transport facilities more disabled-friendly.
    • Lack of enforcement: A strong enforcement mechanism is unfortunately absent in the AIC, led by people with disabilities and accessibility professionals, to ensure that ambitious milestones are set and pursued to their meaningful conclusion.

    Recommendations of report by the Vidhi Centre for Legal Policy

    • Make every building accessible: A report by the Vidhi Centre for Legal Policy, titled “Beyond Reasonable Accommodation” points out, the requirement to make every new building accessible before it is granted an Occupancy Certificate.
    • Integration of laws: The relevant provisions of the Harmonised Guidelines and Standards for Universal Accessibility in India, 2021 must be integrated into local bye-laws and state planning laws.
    • Sensitivity about compliance: Municipal authorities must have the know-how and sensitivity to gauge compliance with the norms to make the built environment accessible and access to competent accessibility professionals who can provide appropriate inputs at every stage.
    • Professions to enforce compliance: The list of empanelled professionals maintained by municipal authorities must also consist of accessibility professionals, and this requirement must be codified in model building bye-laws and the National Building Code.

    Digital

    What parliament can do?

    • Accessibility committee: Parliament must set up an accessibility committee urgently that must be tasked with delivering recommendations in a time-bound fashion on making every aspect of the Parliamentary process more disabled-friendly.
    • Taking cue from supreme court: The constitution of an Accessibility Committee by the Supreme Court recently may be a good reference point for Parliament.

    What can centre and states do?

    • Accessibility criteria in procurement: Central and state level procurement laws and policies must incorporate accessibility criteria in public procurement of physical, digital and transport infrastructure.
    • Accessible tenders and documents: These must be replicated in agreements between procurement agencies and bidders/contractors. In addition, tender documents must set out applicable accessibility standards.

    Conclusion

    • Disable people suffers from structural disadvantage at every stage of governance including building infrastructure. Parliament should start from itself to give larger message of about sensitivity towards disabled friendly buildings.

    Mains Question

    Q. Explain the limitations of accessible India campaign? Suggest the way towards more disable friendly buildings in India.

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  • Foreign Policy Watch: India-China

    Latest round of commander-level talks at Line of Actual control (LAC)

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: NA

    Mains level: India-China Border issues, friction points

    talks

    Context

    • A week after the clash in Tawang in Arunachal Pradesh, convening of the 17th round of India-China corps commander-level talks at the Chushul-Moldo border meeting point in eastern Ladakh is a positive development. But unfortunately, it does not inspire confidence about Chinese intentions vis a vis the Line of Actual Control.

     Background

    • Disengagement at Gogra Hot springs in last round of talks: The last round of talks was held in July, and in September, the government announced that the two sides had finished disengaging at Gogra Hot Springs, as had been agreed in the 16th round.
    • Beijing reluctant for further rounds of talks: Beijing appeared reluctant to accede to Delhi’s push for another round,
    • No return to the status quo: China signals that there is nothing more to discuss about the situation in eastern Ladakh, and certainly not a return to the status quo that existed before its incursions in April-May 2020.

    What is outcome of the latest round of talks and the current status?

    • No mutually acceptable resolution on remaining issues: A joint statement that the two sides agreed to keep talking through military and diplomatic channels toward a mutually acceptable resolution of the remaining issues at the earliest suggests that there was no outcome from this round. It is also not clear if the remaining issues have been agreed upon by both sides.
    • India facing an altered status quo: Apart from the fact that India now faces an altered status quo and that the PLA is rapidly building war-like infrastructure on its side, for India, the remaining issues are the presence of Chinese troops in the Depsang plains, and intrusions in the Demchok area.
    • Tensions seems manageable but situation is unpredictable: The sector-wise compartmentalisation makes the tensions seem manageable, but the reality appears to be that there is no predicting which part of the 3,500 km of the line will flare up suddenly, as it did recently.
    • Situation is very serious: Minister of External Affairs S Jaishankar flagged the seriousness of the situation when he told Parliament that the Indian deployment at the LAC is at its highest level.
    • Despite the advanced surveillance, no clarity on Army’s preparedness: From the short statement by Defence Minister Rajnath Singh, it is unclear how prepared the Army was for the transgression at Tawang, despite the advanced Intelligence Surveillance and Reconnaissance devices that have reportedly been installed in that area.

    talks

    Why China has opened new front in Tawang?

    • Status quo along the boundary not only limited to the Western Sector: China has traditionally been active in areas close to Ladakh given the significance of the Xinjiang-Tibet region in its domestic narrative. However, with its sights on an ageing Dalai Lama, and the issue of his succession, Beijing will want to bring into focus its claims on Tawang, and the rest of Arunachal Pradesh.
    • Huge investment in infrastructure in eastern sector: China has invested in infrastructure in the Eastern Sector over many years. This includes rail, road, and air connectivity, better telecommunications, as well as improved capacity to station and supply troops and artillery.
    • Centrality of the boundary issue in the India-China relationship: External Affairs Minister S Jaishankar has repeatedly asserted that it is no longer possible to separate the boundary question from the overall relationship and that peace and tranquillity on the LAC is the key to restoring relations. However, China is likely to keep up the pressure on the ground along the LAC, even as they continue to suggest that the two countries look beyond the differences, much like Chinese Foreign Minister Wang Yi’s comments during his March 2022 visit when he claimed that the two sides need to “inject more positive energy” into the relationship.

    talks

    Way ahead

    • Delhi should make a push for talks at the diplomatic level even as it ramps up military preparedness.
    • Whatever the facts on the ground and regardless of how the tensions will unfold, the government would be well advised to take the Opposition parties into confidence at the earliest.
    • A wide political consensus is what the country needs when confronted with tensions at the borders and it is the government’s task and responsibility to build it.

    Conclusion

    • Delhi should make a push for talks at the diplomatic level even as it ramps up military preparedness. Whatever the facts on the ground and regardless of how the tensions will unfold, the government should take the Opposition parties into confidence at the earliest. A wide political consensus is what the country needs when confronted with tensions at the borders

    Mains Question

    Q. China has opened new front in the eastern sector. Even after the commander level talks multiple times, frictions between the two continues at LAC. Discuss.

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  • Child Rights – POSCO, Child Labour Laws, NAPC, etc.

    Reviewing the Age of Consent Under POCSO Act

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: NA

    Mains level: POCSO ACt, issues with the age of consent

    Age of Consent

    Context

    • The Chief Justice of India’s recently raised the concerns about the age of consent under the POCSO Act. CJI quested parliament to review the age under POCSO act.

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    What are the issues related to age of consent?

    • Criminalization of romantic relationship: The Madras, Delhi and Meghalaya High Courts have flagged matters concerning criminalisation of romantic relationships between or with an adolescent under POCSO.
    • AK v. State Govt of NCT of Delhi: On November 12, the Delhi High Court in AK v. State Govt of NCT of Delhi (order by Justice Jasmeet Singh) stated that the intention of POCSO was to protect children below the age of 18 years from sexual exploitation and not to criminalise romantic relationships between consenting young adults.
    • Government not in favour of revision of age: The government told Parliament that it does not have any plan to revise the age of consent.
    • Blanket ban on anticipatory bail: The recent criminal law amendment in UP that imposed a blanket ban on granting anticipatory bail to a rape accused rubs salt on the already wounded.

    Age of Consent

    Concerns related to age of consent and POCSO Act

    • Criminalization of sexual act: POCSO conflates exploitative sexual practice and general sexual expression by an adolescent, and criminalises both.
    • Overlooking the voluntary sexual act: Criminal law has become an instrument to silence or regulate a non-exploitative consensual sexual relationship involving a minor girl, which is voluntary.
    • Abuse of POCSO act: The obiter of the court that POCSO has become a tool in the hands of certain sections of society to abuse the process of law is corroborated by other courts too.
    • Victimization of girls: The cumulative victimisation of the “consenting” girl also deserves the lawmakers’ attention.

    Today’s reality of sexual life among adolescent and mismatch in law

    • Increased age of consent: The age of consent has increased from 10 to 12 to 14 to 16 and finally to 18 years by the 2013 amendment, in order to bring it in conformity with the then newly legislated POCSO Act.
    • Consent of minor girl is illegal: The law disregards the likelihood of a minor girl engaging in sexual activity voluntarily it thus desexualises her.
    • Ignoring the social reality: The law that criminalises adolescent sexuality either ignores social reality or pretends to do so.
    • Sexual experience before the age of consent: According to the NFHS-5, for instance, 39 per cent women had their first sexual experience before turning 18. The same survey provides additional evidence of sexual engagement among unmarried adolescent girls by reporting contraception use by 45 per cent of unmarried girls in the age group of 15-19 years.

    Age of Consent

    What should be the way forward?

    • Separate procedure for POCSO Act: Need to evolve a separate procedure for children while dealing with POCSO cases.
    • Victimization should be avoided: Romantic” lovers in a mutually consensual relationship should not be victims of the abuse of the criminal justice system processes.

    Age of Consent

    Conclusion

    • Age of consent is matter of debate and cannot be decided alone by judges and judiciary. Need of an hour is a sexual education in the children and adolescence. We need to fight to taboo about sex and debate on sex.

    Mains Question

    Q. What are the misuse cases under POCSO act? What are the mismatch between todays POCSO act and social reality of adolescent sex life?

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  • Judicial Reforms

    Hurdles in Judicial Infrastructure Upgrade

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: NA

    Mains level: Issues with Judicial Infrastructure

    Judicial

    Context

    • With every new Chief Justice, India’s judicial infrastructure returns to the spotlight. It was Justice S.H. Kapadia who in 2010, first tried to have a systematic plan to examine the conditions of existing infrastructure and realize the future needs of district judiciary.

    Attempt at judicial Infrastructure upgrade from Judiciary

    • Magistrate infrastructure: We have had Justice T.S. Thakur publicly lament the poor conditions in which magistrates’ function.
    • Vacancy in district judiciary: Then Justice Ranjan Gogoi successfully streamlined filling up of vacancies in district judiciary.
    • National judicial infrastructure authority: Justice N.V. Ramana initiated a discussion on creation of a national judicial infrastructure authority, which has been rejected.
    • Strengthening district judiciary: And now we have Justice D.Y. Chandrachud raising the issue of strengthening the district judiciary.

    Judicial

    Attempt of Government of India in upgrading Judicial infrastructure

    • Allocation of funds: The Centre has been attempting to improve infrastructure at the district level in a consistent manner by allocating funds.
    • Centrally sponsored schemes: Since 1993-94, a centrally sponsored scheme (CSS) of the Union government has tried to address the issue of bringing judicial infrastructure up to par.
    • Contribution from states: Through the scheme, the Centre has been earmarking funds with contributions from respective state governments in the ratio of 60:40 (90:10 for North-eastern states and union territories), including monitoring progress of initiated projects.
    • No improvement in district courts: Despite the scheme spearheaded by the Ministry of Law and Justice, there hasn’t been any considerable improvement in the physical state of our district courts, leaving successive Chief Justices to lament about the poor state of affairs.

    Reasons for non-progress in judicial Infrastructure

    • Non-utilization of funds: Most of the funds allocated under the scheme remain unutilised because states do not come forward with their share, leading to lapse of annual budgetary allocation. Sample this: a total of Rs 981.98 crore were sanctioned in 2019-20. Ultimately, only Rs 84.9 crore came to be spent, leaving 91.36% funds unutilised. In 2020-21, of the sanctioned Rs 594.36 crore, Rajasthan emerged on the top by utilising Rs 41.28 crore but again substantial funds lapsed due to non-utilisation.
    • No ownership of scheme: There is no single ownership of the scheme. Lack of one coordinating agency prevents its successful execution. The CSS, in its current form, visualises a separate state- and central-level monitoring committees.
    • No representation of judiciary in central committees: In the central committee, there is no representation of the judiciary as an institution. So, the ultimate consumer of the scheme is absent from the entire process.
    • Lack of planning: Lack of planning for the future also has its casualties. At present, the central scheme does not plan to cater to future requirements. So, there is no discussion on the foreseeable workload of district judiciary in the coming 10-20 years.
    • No single agency to implement: The lack of a single agency prevents from realising both the short-term and long-term objectives. Short-term objectives such as constructing courtrooms for the existing judicial strength as opposed to sanctioned strength, record rooms, computer service rooms, etc. suffer in the absence of a single agency that could measure progress of planned initiatives and nudge the stakeholders into acting.

    Judicial

    What is the way forward?

    • Single dedicated institution: A single permanent body as proposed by Justice Ramana would bring a cohesive approach with ensuring that when states submit action plans for upgrading/establishing judicial infrastructure, they also deposit their share of funds with the authority.
    • Working with state government: While the actual work is carried out in partnership with the states, it will ensure that one agency is responsible for mapping out objectives and achieving them.

    Conclusion

    • Justice is keystone of healthy society and just Nation. India cannot move ahead to its economic prosperity without upgrading its judiciary. Upgrading the judicial infrastructure should be priority for the judiciary as well as government.

    Mains Question

    Q. Enlist the historical attempt at upgrading judicial infrastructure. Despite so much attempts, what are the major reasons for lack of judicial infrastructure?

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  • Terrorism and Challenges Related To It

    Virtual Digital Assets (VDA) and Terror Financing

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: VDA's

    Mains level: Virtual Digital Assets (VDA) and Terror Financing

    Digital

    Context

    • No Money for Terror conference hosted by the Union Ministry of Home Affairs concluded with a commitment from the 93 participating nations to end all financing of terror, including through the use of emerging digital technologies such as VDAs.

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    Concerns regarding virtual digital assets

    • VDAs for illicit activities: The concerns around the misuse of VDAs for illicit activities require careful legislative responses and forward-looking regulatory guardrails.
    • Non reporting and non-transparency: On a fundamental level, these concerns stem from a lack of reporting and transparency norms, and an absence of international consensus on regulatory design.
    • Lack of reliable data: The Reserve Bank of India’s (RBI) Deputy Director highlighted the difficulty in regulating VDAs, given the lack of reliable data on VDA transactions.
    • Unregulated transactions: This allows bad actors to engage in unchecked transactions and defraud investors, as evinced by one of the (erstwhile) largest VDA exchanges FTX.

    Digital

    India’s role in regulating the VDA

    • Leveraging G20 Presidency: As one of the highest-ranked countries in terms of VDA adoption, and now with the G20 presidency, India has a critical role to play in shaping the global regulatory environment.
    • Empowering anti-money laundering authorities: In the short term, a viable approach for India is in taking the industry and the investor into confidence by allowing anti-money laundering (AML) authorities visibility over VDA transactions, and the power to impose controls upon them and prosecute in the event of any misuse.
    • India should adopt FATF guidelines: There are several international templates to this effect. The Financial Action Task Force Guidelines on Virtual Asset Transactions (FATF Guidelines) are a case in point, which have been adopted by various jurisdictions, including the EU, Japan and Singapore.

    Digital

    FATFs Guideline regarding VDA regulation

    • Minimum anti-money laundering standards: The FATF prescribes minimum Anti-money laundering standards that countries should employ to prevent the likelihood of misuse, and the FATF Guidelines prescribe the same for VDA transactions.
    • Licensing and reporting of VDAs: The Guidelines are applicable to VDA service providers of member states like India. Key features of the FATF Guidelines include licence/registration requirements and extensive reporting and record-keeping obligations for VDA service providers.
    • Travel rule obligations: One such obligation is the Travel Rule, which requires service providers to record the originator and beneficiary’s account details, transaction amount, and purpose of transaction for all wire transfers.
    • Verifying identity above certain threshold: Customer due diligence obligations, which include verifying the customer and beneficiary’s identities should be conducted for all transactions exceeding $1,000.
    • Obligation on service provider: The FATF Guidelines also require VDA service providers to perform enhanced due diligence obligations (such as corroborating the customer’s identity with a national database or potentially tracing the customer’s IP address to ensure there are no links to illicit activities) when a transaction is with a higher-risk country.

    Digital

    What are India’s current laws to regulate VDA?

    • PMLA includes reporting obligation: India’s existing Anti-money laundering framework under the Prevention of Money Laundering Act, 2002 (PMLA) already applies these regulatory tools over traditional financial institutions. Notably, the PMLA also includes reporting obligations for overseas transactions that fall under the ambit of “suspicious transactions” under the framework.
    • PMLA doesn’t apply to VDAs: Currently, the PMLA does not apply to the VDA industry.
    • government can bring VDA under PMLA: The government has the power to notify any “designated business or profession” as a reporting entity under the PMLA and can issue a notification that classifies VDA service providers as a designated business.

    Conclusion

    • With the Digital Data Protection Bill and the Digital India Act already in the pipeline, Indians and digital businesses will soon have a coherent rights and responsibility framework to operate within. The time is ripe to extend regulatory oversight over the VDA industry so as to ensure that tech-innovation flourishes in a responsible, accountable manner.

    Mains Question

    Q. How virtual digital assets and terror financing are interlinked? What is the role of PMLA act in regulation of VDA in India?

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