Judicial Reforms

Non-Transparent Collegium, Is there any Alternative?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Appointment of Judges

Mains level: NJAC,Collegium system and related issues.

Collegium

Context

  • Once again, the Collegium of the Supreme Court of India is in the news, and once again for the wrong reasons. This time, it is because of the difficulty hat its five judges have in getting together for one meeting. Justice Chandrachud and Justice Nazeer withhold approval.Apparently, they do not object to the names but object to the procedure of circulation.

What is Collegium system?

  • The Collegium of judges is the Indian Supreme Court’s invention.
  • It does not figure in the Constitution, which says judges of the Supreme Court and High Courts are appointed by the President and speaks of a process of consultation.
  • In effect, it is a system under which judges are appointed by an institution comprising judges.
  • After some judges were superseded in the appointment of the CJI in the 1970s, and attempts made subsequently to affect a mass transfer of High Court judges across the country.

Collegium

What was the perception around Independence of judiciary under threat?

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

What are the problems associated with collegium system?

  • Emphasis on Seniority principle: Collegium system emphasizes excessively on seniority.
  • No discussion on merit and objectivity: However, following the seniority convention offers a semblance of certainty and transparency, even though it takes away from selecting judges on other objective criteria such as merit and competence.
  • Collegium changes its own decision: At times, the sanctity of Collegium’s own decisions no longer stands. Its own previous decision to appoint other persons to the Supreme Court was reversed, without any explanation or justification.
  • Lack of procedure: Besides this, no one knows how judges are selected, and the appointments made reek of biases of self-selection and in-breeding.
  • Widely known Nepotism: Sons and nephews of previous judges or senior lawyers tend to be popular choices for judicial roles.
  • Lack of checks and balances: With its ad hoc informal consultations with other judges, which do not significantly investigate criteria such as work, standing integrity and so on, the Collegium remains outside the sphere of legitimate checks and balances.
  • Opaque system: The lack of a written manual for functioning, the absence of selection criteria, the arbitrary reversal of decisions already taken, the selective publication of records of meetings.

Collegium

Collegium system is blessing in disguise

  • Protect independence of judiciary: The framers of the Constitution were alive to the likely erosion of judicial independence.
  • On May 23, 1949, K T Shah stated that the Judiciary, which is the main bulwark of civil liberties, should be completely separate from and independent of the Executive, whether by direct or by indirect influence.
  • NJAC Declared unconstitutional: In 2016, the Supreme Court struck down a constitutional amendment for creating the National Judicial Appointments Commission (NJAC).
  • Distrust on political executive: The SC strongly disapproved of any role for the political executive in the final selection and appointment of judges. The SC said that “reciprocity and feelings of payback to the political executive” would be disastrous to the independence of the judiciary.

What is National Judicial Appointment Commission (NJAC)?

  • What is NJAC?
  • guarantee the independence of the system from inappropriate politicisation,
  • Strengthen the quality of appointments,
  • Enhances the fairness of the selection process,
  • Promotes diversity in the composition of the judiciary, and
  • Rebuilds public confidence in the system.
  • NJAC was missed opportunity of reforms: The SC in its majority decision declared the NJAC unconstitutional and missed an opportunity to introduce important reformatory changes in the functioning of the judiciary.
  • Judicial majority could have been discussed: According to the experts, the Supreme Court could have read down the law, and reorganised the NJAC to ensure that the judiciary retained majority control in its decisions. However, it did not amend the NJAC Act to have safeguards that would have made it constitutionally valid.
  • No reforms in the collegium system: It also did not reform the Collegium in any way to address the various concerns voiced by one and all, including the Court itself, Instead, to the disappointment of all those who hoped for a strong, independent and transparent judiciary, it reverted to the old Collegium based appointments mechanism.

Collegium

Conclusion

  • Appointments to the top court seem to be the preserve of judges from the High Court with a handful of appointments from the Bar. Surely some nodding acknowledgement should be given to a specific provision made by the founding fathers in the Constitution. Judges appointing the judges is not a sustainable practice for future of judiciary.

Mains Question

Q.What is NJAC? Why Collegium system is blessings in disguise? Explain the Collegium system of appointments.

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Agricultural Sector and Marketing Reforms – eNAM, Model APMC Act, Eco Survey Reco, etc.

Millets the future of Sustainable Agriculture

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Mission Millets

Mains level: Mission Millets .Advantages of Millets Crop

Millets

Context

  • International Year of Millets in 2023 was approved by the Food and Agriculture Organisation (FAO) in 2018 and the United Nations General Assembly has declared the year 2023 as the International Year of Millets. The Odisha Government had launched Odisha Millet Mission (OMM), which aims to bring millets back to its fields and food plates by encouraging farmers to grow the crops that traditionally formed a substantial part of the diet and crop system in tribal areas.

Millets

Importance of millets

  • Nutrition rich: Millet is a good source of protein, fibre, key vitamins, and minerals. The potential health benefits of millet include protecting cardiovascular health, preventing the onset of diabetes, helping people achieve and maintain a healthy weight, and managing inflammation in the gut.Millet is fibrous in content, has magnesium, Niacin (Vitamin B3), is gluten-free and has a high protein content.
  • Requires less water: Millet’s comprise a significant staple in the semiarid tropic and guarantee food and nutritional security for needy individuals, who can’t develop other food crops because of poor rainfall and soil fertility. They are profoundly nutritious and are utilized by people in the rural area.
  • Requires Moderate fertile soils: They can grow in low to medium fertile soils and in areas of low rainfall. Jowar, Bajra, and Ragi are the significant Millet’s developed in India.
  • Profitable crop: Millets are the good choice for farmers to achieve primary goals of Farming e.g., profit, versatility, and manageability.
  • Drought resistant and sustainable: Millet’s are the ‘marvel grains’ of the future as they are drought resistant which need few external inputs. Due to its high resistance against harsh conditions, millets are sustainable to the environment, to the farmer growing it, and provide cheap and high nutrient options for all.
  • Long shelf life: Nearly 40 percent of the food produced in India is wasted every year. Millets do not get destroyed easily, and some of the millets are good for consumption even after 10-12 years of growing, thus providing food security, and playing an important role in keeping a check on food wastage.

Millets

What is Odisha Millet mission (OMM) and its impact?

  • Promotion of millets: OMM promotes production and consumption of seven millets. But so far, focus has been on ragi, which has accounted for 86 per cent of the total area under millets, according to data on the OMM website. In contrast, little millet, foxtail millet, sorghum, pearl millet, kodo millet and barnyard millet cover less than 13 per cent of the area.
  • Non ragi millets: Mission aimed at looking for high-yielding seeds for non-ragi millets. Farmers are urged to plant some non-ragi millets
  • Limited procurement: In 2020-21, the state government procured slightly more than 20 million kg of ragi. However, this accounts for only 27 per cent of the total ragi produced, as OMM procures only 500 kg of ragi per ha and leaves the rest for farmers to consume.
  • Millets in diet for complete nutrition: This practice has prompted farmers to consume more millets in all seasons, shows a mid-term evaluation by NCDS in 2019-20. But given that average yield is 1,500 kg per ha, much of the produce does not get procured and farmers are forced to sell it at distressed rate. OMM officials also admit that despite ragi being distributed in PDS and as a mix through anganwadi centres in two districts, its consumption has not picked up in a significant manner.
  • Diverse products of Millets: OMM also sells millet products, such as cookies, savoury snacks, vermicelli and processed millets, under a brand called “Millet Shakti” through food trucks, cafés, kiosks and other outlets.
  • Food processing chain using SHGs: Women self-help groups (SHGs) have been kept at the centre of the programme. They do not just pay a major role in manufacturing biological inputs to improve millet yields and undertake processing of the produce, but also operate the millet-based cafés and outlets.The full potential of SHGs, though, has not yet been realised. So far, only three women’s SHGs manufacture and process Millet Shakti products, which limits the volume available, income generated, and consumption.
  • Market linkage by FPOs: OMM also leverages farmer-producer organisations (FPOs) to provide better marketing linkages. Until now, OMM has tapped into existing FPOs to sell processed millets in the open market or aggregate produce for Tribal Development Co-operative Corporation of Odisha Limited; if a block does not have an FPO, an SHG or community group is registered as one.
  • Current status of FPO’S: Currently, there are 76 FPOs under OMM. But some of them are engaged only in minor processing and aggregation, without plans of scaling up market linkages. Encouraging FPOs with better incentives and benefit-sharing will help them compete in the market

Millets

What are other government efforts to promote millet crops?

  • Smart food campaign: Smart Food with the tagline ‘good for you, good for the planet and good for the smallholder farmer’ is an initiative that will initially focus on popularising millets, and sorghum and has been selected by LAUNCH Food as one of the winning innovations for 2017.
  • Popularising the millets: Smart Food will be taken forward as a partnership and many organisations have already teamed up to popularise millets. In India, this includes Indian Institute of Millet Research (IIMR), National Institute of Nutrition (NIN), MS Swaminathan Research Foundation (MSSRF) and Self-Employed Women’s Association (SEWA).

Conclusion

  • One way to double farm incomes and encourage farm diversification is to make millet production attractive by introducing millet cultivation in areas where farmers’ distress is visible.Dedicated programmes with proper training and capacity-building initiatives that urge farmers to move away from loss-making crops toward diversification via millets can be a timely method to pull farmers away from the region’s distress.

Mains Question

Q.why millets cultivation is suitable for geographic conditions of India? Analyse the various efforts by government to promote the millets.

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Earth Overshoot

Adopting Sustainable Space Technology

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Space technology Developments

Mains level: Space,Space security and Sustainability.

Sustainable

Context

  • World Space Week this year is themed around ‘Space and Sustainability’. Among other things, the 2022 theme seeks to specifically inspire focus on the challenges the world faces to keep space safe and sustainable.

What is mean by Space?

  • Space is an almost perfect vacuum, nearly void of matter and with extremely low pressure. In space, sound doesn’t carry because there aren’t molecules close enough together to transmit sound between them. Not quite empty, bits of gas, dust and other matter floats around “emptier” areas of the universe, while more crowded regions can host planets, stars and galaxies.
  • From our Earth-bound perspective, outer space is most often thought to begin about 62 miles (100 kilometers) above sea level at what is known as the Kármán line. This is an imaginary boundary at an altitude where there is no appreciable air to breathe or scatter light. Passing this altitude, blue starts to give way to black because oxygen molecules are not in enough abundance to make the sky blue.

Sustainable

What is mean by Space sustainability?

  • Space sustainability is ensuring that all humanity can continue to use outer space for peaceful purposes and socioeconomic benefit now and in the long term. This will require international cooperation, discussion, and agreements designed to ensure that outer space is safe, secure, and peaceful.

What necessitate the sustainable space technology debate?

  • Mounting challenge of Space debris: Challenges are endless in both quantitative and qualitative terms, i.e., they are several and severe, ranging from satellite crowding and collision risk to space debris in the Low Earth Orbit (LEO).
  • Ever increasing satellites: The sense of urgency around space sustainability is already skyrocketing—more than 80 countries currently contribute to the over 6,800 active satellites in orbit, of which many are used for both civilian and military purposes, as well as over 30,000 pieces of orbital debris.
  • Militarization of space: Given the development of new and emerging space technologies, the rapid militarisation and securitisation of space, and the growing distrust amongst nations in the domain, space activity is only set to increase and acquire a more national security-oriented focus.
  • Large scale Development of ASAT: This is already visible in several countries around the world. There has been a recent uptick in the development and testing of destructive anti-satellite (ASAT) weapons, with 26 tests in the past two decades conducted by the four countries that have access to these weapons (US, Russia, China, and India).
  • Massive investment into military space capability: France, which is currently leading the European Council, has also invested several billion euros into military space capabilities, and regularly emphasises the security importance of space for other EU countries.
  • Increasing Defence space commands: Australia set up its Defence Space Command in early 2022 to increase its strategic potential in space, and South Korea deployed a spy satellite to better monitor North Korea in June 2022, giving its military space plan a huge push.
  • However, none of these countries have a sustainability provision in their defence space operations or programmes.

Sustainable

What are the challenges of Security and sustainability of Space?

  • Dichotomy in Security and sustainability: Sustainability and security are two sides of the same coin, but as a result of this inherent dichotomy, they are often juxtaposed against each other.
  • Keeping Security is the priority: The contrast between highly motivated and funded national security efforts and the relatively non-prioritised international engagements around space sustainability is an example of a larger trend of indifference towards sustainable development in favour of higher military spending.
  • SDG on backburner: To substantiate this point, funding for the Sustainable Development Goals (SDGs) was adversely affected due to COVID-19 in 2021, and this reportedly dramatically pushed back progress on the SDGs, but the global military expenditure has consistently been on an upward incline and crossed the US$2 trillion mark for the first time in the same year.
  • Securitization of space: The trade-off between security and sustainability can jeopardise sustainable development within a plethora of issue domains, thus, increasing the likelihood of exhausting limited resources. This in turn could exacerbate the risk of conflict due to the resulting scarce resources, ultimately creating a vicious cycle of securitisation and conflict.
  • Rat race in Space : As a case in point, the incumbent space race has always been marked by competing security and commercial interests, which has resulted in a constant escalation of global government spending on space programmes to its record value of US$98 billion in 2021. Space sustainability, on the other hand, has only seen activity recently, and primarily in an international and voluntary set-up.

Sustainable

What regulations are needed for Sustainable Space?

  • Prioritising peaceful use of space: A Working Group on the Long-term Sustainability of Outer Space Activities was set up by the Committee on the Peaceful Uses of Outer Space (COPUOS) in 2010, which has 95 UN member states taking part in it. The Group adopted a set of guidelines by consensus in 2019, although it failed to make these guidelines or any other regulations legally binding. It agreed to work over it for 5 years from 2022 onwards, but since the Group uses a consensus-based approach to reach agreements, it is difficult to expect more stringent or extensive regulatory frameworks to emerge from it.
  • Consensus is difficult but necessary: Consensus-based approaches in multilateral forums, especially related to arms or other security objectives, often contrast with individual national security interests of its member states and have been criticised for their slow or ineffective progress.
  • Convention on Certain Conventional Weapons: Another example of this is the Convention on Certain Conventional Weapons’ (CCW) Group of Government Experts (GGE) meetings on lethal autonomous weapons systems (LAWS), which have only produced a set of 11 non-binding guiding principles since deliberations around LAWS began in 2014.
  • Space sustainable ratings should be developed: The World Economic Forum, for instance, introduced a new standard called the Space Sustainability Rating (SSR), in 2022, which aims to recognise, reward, and encourage space actors to design and implement sustainable and responsible space missions. It remains to be seen whether countries will respond favourably to tools like the SSR, which are based on a positive reinforcement model, to be more space sustainability-conscious.

Conclusion

  • space sustainability is only at the cusp of becoming actionable. When space experts, intergovernmental organisations, or countries themselves conclude that sustainability should be a part of their space mandate, and when they devise possible methods to help achieve this, they cannot do so in a vacuum. Space sustainability should not become the political football like climate change.

Mains Question

Q.What are the threats to sustainable space technology? Comment on various laws, regulations, forums on sustainable space technology.

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Industrial Sector Updates – Industrial Policy, Ease of Doing Business, etc.

Bringing Business friendly Industrial Laws

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Holistic decriminalisation Bill

Mains level: Holistic decriminalisation Bill ,advantages and MSME's,Ease of doing business

Business

Context

  • The government’s proposal to bring a “holistic decriminalisation” bill in the Winter Session of Parliament, If gets enacted into law, it will be one of India’s greatest reforms since 1991. One of the objectives of this proposed law is to “end harassment and reduce compliance burden on businesses.

 What is Holistic decriminalisation Bill?

  • A new holistic decriminalisation bill is set to amend burdensome provisions in laws related to businesses.
  • Union Minister of Commerce and Industry, Piyush Goyal said that the Decriminalising sections of various laws will end the harassment faced by businesses and reduce compliance burden. Seeking quick industry feedback on problematic areas that can be covered in the proposed Bill.

What is the status of existing laws in India?

  • Burden of Imprisonment clauses: Business regulatory universe comprises 1,536 laws, of which more than half, or 843 laws, carry imprisonment clauses. Under these laws, there are 69,233 compliances businesses face as an aggregate, of which almost two out of five, or 26,134, carry imprisonment clauses.
  • Union and state legislations on the compliance: Of the 843 laws with imprisonment clauses, 28.9 percent, or 244 laws, have been enacted by Parliament; the rest by State legislatures and rules. Of the 26,134 compliances that carry imprisonment clauses, a fifth, or 5,239 clauses are situated in Union laws.
  • No institutional support for informal sector: Of the 69 million enterprises in India, only 1 million are formal employers; as a result, the remaining informal enterprises get no access to institutional capital, talent, or supply chains.
  • Smaller the better attitude: India’s predatory and rent-seeking policy infrastructure ensures that businesses choose to remain under the regulatory radar—small may not be beautiful but it is certainly safe. For instance, a small business with 150 employees or more has to deal with 500 to 900 compliances a year, on which it can end up spending up to INR 12-18 lakhs by hiring consultants to be compliant with labour laws, taxes, factories, and so on.
  • Burden of compliance is cost-effective: Creating a regulatory bias against small businesses once a line of scale is crossed, managing a compliance department becomes cost-effective; until then, for the small business owner-manager, compliances becomes a risk-management strategy, almost an economic activity.

Business

Why such reforms in business laws are necessary?

  • To attract more investment: When viewed through the lens of the government’s intention to make India an investment destination for global and domestic capital, it would be a reform that should end the endemic of harassment, corruption, and rent-seeking by officials of the Union government.
  • To end corruption at state level: Corruption by officials of state governments will end when criminal provisions in State laws and rules get similarly rationalised; some of these will get rationalised with amendments to Union laws that are enforced by state governments.
  • Encouraging the entrepreneurial spirit: Regulatory framework is cumulative policy actions of the three arms of the State the executive, the legislature, and the judiciary using instruments of legislations, rules, regulations, or orders, to create or raise barriers to a smooth flow of ideas, organisation, money, and, most importantly, the flow of the entrepreneurial spirit.

Business

What are the recommendations for Holistic decriminalization?

  • Amend the overreaching laws: Reform all compliances with overarching legislation, across ministries and departments. Smaller steps being taken to ease doing business in India, such as shifting the responsibility under the Legal Metrology Rules from directors to executives, should converge into this single bill.
  • There should be Justifiable imprisonment: Use criminal penalties in business laws with extreme restraint the idea of using a criminal clause as a default option should be done away with and replaced by a justification for imprisonment, including the term in jail.
  • Ending the criminalisation: End the criminalisation of all compliance procedures such as filing on a wrong form or mislabelling.
  • Introducing new laws: Introduce sunset clauses for all imprisonment clauses this needs a new enabling law as a precursor.
  • Bringing extensive Digitisation: Digitise all compliance filings, as has been done by the income tax department.
  • Focus on paperless work: Convert every department that acts as a regulatory body to go paperless and faceless. This should look beyond merely creating a website and uploading records. This will enable automated record reconciliation, identify leakages, detect frauds, and flag discrepancies.
  • More such steps in the right direction: By reducing the compliance burden such that it ends harassment, the government is moving in the right direction. To prevent any policy holes left after the passage of the bill into an act, this is a law that needs to be studied hard, debated well, and only then enacted. Of course, there will be political opposition. It is up to the government to ignore the rhetoric and embrace the solutions for the greater good of the country.

BusinessConclusion

  • The country is getting ready for third-generation reforms. Among them are reforms that rationalise compliances and imprisonment clauses—retain a handful, reduce or remove most, compound the rest and turn physical imprisonment into financial penalties. The Inspector Raj, expressed through the colonial, corrupt, and rent-seeking policy infrastructure, must be disassembled and jobs, wealth, and large enterprises created.

Mains Question

Q. Why current industrial policy and laws are causing the harassment of entreprenuers? Discuss the reforms needed in the light of proposed “ Holistic Discrimination” Bill.

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Human Rights Issues

Migrant workers in India

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NA

Mains level: Human Migration: Reasons and Impact

Migrant

Context

  • India has used Aadhaar (digital identity) and UPI (digital payments) extensively to address the challenges of identification and financial inclusion in social protection delivery, particularly in the case of migrants.

Who is a migrant worker?

  • A “migrant worker” is a person who either migrates within their home country or outside it to pursue work.
  • Usually, migrant workers do not have the intention to stay permanently in the country or region in which they work.
  • As per the census 2011, the total number of internal migrants in India is 36 crore or 37% of the country’s population.
  • The Economic Survey pegged the size of the migrant workforce at roughly 20 percent or over 10 crores in 2016.

Migrant

What are the problems faced by migrants?

  • Issues with finding local Employment: Most migrant workers have a seasonal nature of employment. During off-seasons, they struggle to feed their families. Repeated lockdowns made situations more difficult for migrants to find jobs in their localities. They faced travel restrictions which hindered their job search as well.
  • Lack of Insurance Benefits in a Pandemic Environment: Migrant workers work in precarious conditions with little wages and no access to government schemes and services. Poor and unsafe working and living conditions make them prone to diseases. Greater threats of occupational illnesses, nutritional diseases, alcoholism, HIV, and communicable diseases are rampant in the migrant workforce.
  • Issue of timely and Fair Payment of Wages: The informal workforce in India consists of more than 150.6 million regular and daily wage earners. Most of these workers are unaware of their rights as ‘migrant workers. Many unscrupulous agents coerce them and don’t pay minimum wages as per law.
  • Lack of portability of benefits: Migrants registered to claim access to benefits at one location lose access upon migration to a different location. This is especially true of access to entitlements under the PDS.  The ration card required to access benefits under the PDS is issued by state governments and is not portable across states.  This system excludes inter-state migrants from the PDS unless they surrender their card from the home state and get a new one from the host state.
  • Lack of affordable housing: The proportion of migrants in urban population is 47%. In 2015, the Ministry of Housing and Urban Affairs identified migrants in urban areas as the largest population needing housing in cities. There is inadequate supply of low-income ownership and rental housing options.

Migrant

Government steps for migrant workers

  • Pradhan Mantri Garib Kalyan Yojana: After the lockdown, Pradhan Mantri Garib Kalyan Yojana with a financial package of Rs. 1.7 lakh crore was launched to help poor, needy, and unorganized sector workers of the country.
  • PM SVANidhi Scheme: PM SVANidhi Scheme was launched to facilitate collateral-free working capital loans up to Rs.10,000/- of one-year tenure, to approximately, 50 lakh street vendors, to resume their businesses.
  • Pradhan Mantri Garib Kalyan Rojgar Abhiyan: In order to facilitate the employment of migrant workers who have gone back to their home state, Pradhan Mantri Garib Kalyan Rojgar Abhiyan was initiated in 116 districts in Mission Mode.
  • State migrant cell: Migrant workers’ Cell is being created to prepare a database of migrant workers in states with mapping.
  • eShram portal: It is a national database created to register the unorganised workers in the country, including the migrant workers.
  • National policy on migrant workers: NITI Aayog has been mandated to prepare a draft national policy on migrant workers to reimagine labour-capital relations while integrating the migrant workers within the formal workforce.

How technology could provide Solutions?

  • Providing digital public infrastructure (DPI):  Digital public infrastructure systems that enable the effective provision of essential society-wide functions and services  can enable a paradigm shift, allowing governments to co-create solutions with the private sector and civil society.
  • Adopting Public private partnership models: There are three key areas where DPI can enable public-private partnerships (PPP) in the delivery of social protection of migrants,
  1. Awareness of entitlements: One barrier faced at the initial stage is lack of awareness of entitlements or of the need to reapply, when migrants move from one state to another. Jan Saathi is an application that provides migrants withinformation on eligible social security schemes. Organisations such as Haqdarshak not only inform potential beneficiaries about their eligibility for various schemes, Central or State, but also help them avail entitlements.
  2. Information about livelihoods and housing: The informal nature of the labour market makes access to affordable and safe living conditions a challenge, especially if the family migrates as a unit. Ministry of Housing and Urban Affairshas introduced the Affordable Rental Housing Complexes under PMAY-Urban but the availability of such facilities is inadequate compared to the number of migrants. Bandhu’s ecosystem of applications connect migrant workers directly with employers and housing providers, to give them more informed choices. Jobsgaar and MyRojgaar also play a similar role by connecting workers to employers.
  3. Healthy Grievance redressal Mechanism: Gram Vaani bridges the gap in grievance redressal by providing a platform where citizens can use Interactive Voice Response (IVR) to record their grievance in accessing entitlements. Aajeevika Bureau and The Working People’s Charter built the India Labourline to provide legal aid and mediation services to migrant workers.
  • Adopting a well-designed data: While a growing ecosystem of private players (NGOs, civil society organisations, not-for-profit and for-profit entities) are addressing these needs, well designed data exchanges can help unlock a strong public-private collaboration in the delivery of social protection.

Migrant

What more government can do to address the issue of migrants?

  • Creating centralized data: The state’s digital efforts are often in siloes and the need to maximize the use of data across schemes and departments is a high priority.
  • E-Shram: Initiatives such as direct benefit transfers and linking schemes for the portability of entitlements have shown promise. e-Shram, which is a national database of unorganized workers, aims to reduce access barriers to social protection for migrants.
  • Making portable entitlement: Recent announcements of API-based integration of e-Shram with the various state government labor departments and with the One Nation One Ration Card scheme are a step in that direction.
  • Working with the private sector: Enabling linkages of migrant data with the private sector can lead to benefits on the demand side, in the form of reduced transaction costs in identifying jobs, affordable housing, and redressal of grievances.
  • Engaging the private sector: Private players who have established relationships with these mobile populations can help the state in planning and forecasting the demand for benefits. An example of this is the digital payment ecosystem since the introduction of UPI.

Conclusion

  • Digital technologies have potential solutions to problems and transform the livelihood of migrants. The need for adequate data protection and safeguards is essential for the implementation of any such initiative.

Mains Question

Q.Enlist the problem faced by migrant workers? Elaborate on how use of technology can solve the many problems of migrants.

 

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Urban Floods

Urban Challenge, Problems and Solutions

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NA

Mains level: Urab floods,Urban challenges and solutions

Context

  • After flooding of major metropolitan cities of Bengaluru, Gurgaon and Delhi following heavy rainfall, the Centre has pointed to two cities – Davanagere and Agartala – as successful examples of cities that have curbed urban flooding.

Why cities are  so important in India?

  • Drivers of Growth: Urbanisation has played and will continue to play a critical role in India’s growth story in the 21st century.
  • Cities are seen as GDP multipliers: By some estimates, Indian cities already contribute up to 70% of the country’s GDP. Yet, depending on which official estimates you use, India is just 26% or 31% urban. But there is growing evidence that India is more urban than is officially recognized.
  • Cities have more productivity: Well-functioning and diverse cities allow for the sharing and cross-pollination of ideas, which in turn drive greater productivity.

Urban

What are the Urban challenges?

  • Lack of Planning: current urban planning policies and practice have led to suboptimal use of land in Indian cities. This has multiple consequences. There is not enough floor space for accommodating migrants in search of economic opportunities; they make space for themselves in informal settlements. There is also not enough land in the public domain for developing adequate open spaces or augmenting infrastructure capacities.
  • Lack of Housing:The pandemic revealed that the cities’ economies rely on migrant populations in the formal and informal sectors. Workers in both markets move from rural to urban and urban to urban areas as they find better opportunities; they are mobile and need adequate rental options. Today, in most Indian cities, this demand is not met and leads to unaffordable options, pushing the poorer sections out to slums and other informal settlements.
  • Lack of Transport: Indian cities are infamous for their road congestion; three of them rank in the 10 most congested in the world according to the 2020 TomTom Travel Index with Mumbai ranking second. The existing public transportation systems are already overcrowded and of poor quality.
  • Lack of Public health: Like other health crises, the COVID-19 pandemic revealed the need to ensure adequate healthcare services and sanitation infrastructure for a healthy population in cities. In the initial months of the outbreak, the focus of health services shifted entirely towards addressing the novel coronavirus, leaving other health issues unaddressed and shutting down routine care services.
  • Impact on Environment: The causes for low air quality are multiple; vehicular movement and on-road congestion are major contributors. A safe and clean environment is key to good public health.
  • Problems faced by vulnerable sections: The economic shock and work from home guidelines changed migration patterns; workers in cities returned to their home towns and villages. Slum dwellers, with limited access to adequate infrastructure, and migrant workers, disenfranchised from social protection systems or daily wagers, were more vulnerable to this shock. In the medium and long term, it is difficult to predict what the job market will be in cities.

Urban

What can be done to address the urban challenges?

  • Future planning is necessary: Manage the spatial growth of cities and allow them to build more planned road networks for future horizontal expansion and revoke faulty policies that constrain the use of floor space to build vertically.
  • Housing for all scheme is important: Focus on providing public housing for the poor; India can learn from successful models in Singapore or Hong Kong and understand the strategic challenges of other international examples such as Mexico. India can also work toenable efficient rental markets
  • Holistic transport should be focused: Integrate formal and informal modes of transportation into holistic transportation strategies to ensure seamless mobility, as well as first and last mile connectivity.
  • Increasing funds to Cities: Decentralise fiscal powers to the local level and train city authorities so that they can make more strategic decisions in health expenditures or public health infrastructure, as well as gain the capacity to raise their own resources.
  • Need of a healthy Environment: Increase the number of open spaces in the public domain, maintain them and monitor their use. Prepare for disasters with robust framework of physical infrastructures, road networks and large open spaces. Build adequate infrastructure to support the sustainable development of emerging Tier-2 and Tier 3 towns.
  • More attention to vulnerable: Develop more systematic identification mechanisms of the urban poor to ameliorate the delivery of public services and social protection. Collect accurate data on migrant population and capture their socio-economic diversity to better address their needs. Monitor access to services, housing and jobs of the vulnerable communities in real time.

Urban

Conclusion

  • Urban infrastructure is crumbling day by day. In the next 25 years, cities will have more population than rural areas. Indian cities need urgent reform in order to unlock their economic potential and transform quality of life.

Mains Question

Q.Discuss the urban infrastructure challenges? What are the governments scheme and actions to address the urbanization challenges?

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e-Waste Management

Critical Minerals: Opprtunity for Aatmanirbharta in Energy security.

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Critical Minerals,rare earth minerals

Mains level: critical minerals and applications ,Aatmanirbharta in Energy security.

Minerals

Context

  • In his Independence Day address, Prime Minister Narendra Modi exhorted the country to pursue aatmanirbhar bharta in energy by focusing on clean energy technologies. Securing access to key critical minerals such as lithium, cobalt, nickel and rare earth metals is critical for building resilient and indigenous supply chains for clean energy technologies.

Background 

  • Concerns over the pricing and availability of oil and gas in the wake of the Ukraine crisis continue to fuel global policy debates on energy security. However, the fragility of clean energy supply chains obscures pathways for countries to reduce dependence on fossil fuel.
  • Imported inflationary pressures through exposure to volatile oil and gas markets also pose risks to macroeconomic growth and stability, particularly for India, import ­dependent for around 85% of its oil and half of its gas needs.

Minerals

What are Critical Minerals?

  • Critical minerals are elements that are the building blocks of essential modern-day technologies, and are at risk of supply chain disruptions.
  • These minerals are now used everywhere from making mobile phones, computers to batteries, electric vehicles and green technologies like solar panels and wind turbines.
  • Based on their individual needs and strategic considerations, different countries create their own lists.
  • However, such lists mostly include graphite, lithium, cobalt, rare earths and silicon which is a key mineral for making computer chips, solar panels and batteries.
  • Aerospace, communications and defence industries also rely on several such minerals as they are used in manufacturing fighter jets, drones, radio sets and other critical equipment.

Why is this resource critical?

  • As countries around the world scale up their transition towards clean energy and digital economy, these critical resources are key to the ecosystem that fuels this change.
  • Any supply shock can severely imperil the economy and strategic autonomy of a country over-dependent on others to procure critical minerals.
  • But these supply risks exist due to rare availability, growing demand and complex processing value chain.
  • Many times the complex supply chain can be disrupted by hostile regimes, or due to politically unstable regions.
  • They are critical as the world is fast shifting from a fossil fuel-intensive to a mineral-intensive energy system.

MineralsWhat are Rare Earth Metals?

  • The rare earth elements (REE) are a set of seventeen metallic elements. These include the fifteen lanthanides on the periodic table plus scandium and yttrium.
  • Rare earth elements are an essential part of many high-tech devices.
  • They have a wide range of applications, especially high-tech consumer products, such as cellular telephones, computer hard drives, electric and hybrid vehicles, and flat-screen monitors and televisions.
  • Significant defense applications include electronic displays, guidance systems, lasers, and radar and sonar systems.
  • Rare earth minerals, with names like neodymium, praseodymium, and dysprosium, are crucial to the manufacture of magnets used in industries of the future, such as wind turbines and electric cars.

Applications of REMs in various fields:

  • Electronics: Television screens, computers, cell phones, silicon chips, monitor displays, long-life rechargeable batteries, camera lenses, light-emitting diodes (LEDs), compact fluorescent lamps (CFLs), baggage scanners, marine propulsion systems.
  • Defense Sector: Rare earth elements play an essential role in our national defense. The military uses night-vision goggles, precision-guided weapons, communications equipment, GPS equipment, batteries, and other defense electronics. These give the United States military an enormous advantage. Rare earth metals are key ingredients for making the very hard alloys used in armored vehicles and projectiles that shatter upon impact.
  • Renewable Energy: Solar panels, Hybrid automobiles, wind turbines, next-generation rechargeable batteries, bio-fuel catalysts.
  • Manufacturing: High strength magnets, metal alloys, stress gauges, ceramic pigments, colorants in glassware, chemical oxidizing agent, polishing powders, plastics creation, as additives for strengthening other metals, automotive catalytic converters
  • Medical Science: Portable x-ray machines, x-ray tubes, magnetic resonance imagery (MRI) contrast agents, nuclear medicine imaging, cancer treatment applications, and for genetic screening tests, medical and dental lasers.
  • Technology: Lasers, optical glass, fiber optics, masers, radar detection devices, nuclear fuel rods, mercury-vapor lamps, highly reflective glass, computer memory, nuclear batteries, high-temperature superconductors.

DO YOU KNOW?

Metals such as cadmium, lead are often used in manufacturing plastic and over time can enter coastal waters. These are acutely harmful for coastal wildlife and humans.Different kinds of plastic releases different kinds of metals  that may release when exposed to water and UV lights.

What are the challenges in accessing Critical minerals?

  • Deposits in geopolitically sensitive regions: Reserves are often concentrated in regions that are geopolitically sensitive or fare poorly from an ease of doing business perspective.
  • Controlled production:  A portion of existing production is controlled by geostrategic competitors. For example, China wields considerable influence in cobalt mining in the Democratic Republic of Congo through direct equity investments and its Belt and Road Initiative.
  • Agreements in advance from outside: Future mine production is often tied up in off take agreements, in advance, by buyers from other countries to cater to upcoming demand.

MineralsA step taken by Indian government for sourcing strategic minerals

  • For sourcing of strategic minerals, the Indian government established Khanij Bidesh  India Limited (KABIL) in 2019 with the mandate to secure mineral supply for the domestic market.

What is Khanij Bidesh India Limited (KABIL)?

  • Joint venture: A joint venture company namely Khanij Bidesh India Ltd. (KABIL)  set up with the participation of three Central Public Sector Enterprises namely, National Aluminium Company Ltd.(NALCO), Hindustan Copper Ltd.(HCL) and Mineral Exploration Company Ltd. (MECL).
  • Objective: The objective of constituting KABIL is to ensure a consistent supply of critical and strategic minerals to Indian domestic market. While KABIL would ensure mineral security of the Nation, it would also help in realizing the overall objective of import substitution.

Suggestions based on Council on energy environment and water (CEEW) to achieve the objective of KABIL

  • Mapping out the domestic requirement: Figure out the mineral requirements of the domestic industry. This could best be accomplished by a task force which includes the ministries of power, new and renewable energy, heavy industry, and science and technology.
  • Clear road map for indigenous manufacturing: Five­ year road maps with clear targets for deployment and indigenous manufacturing across clean energy applications would provide visibility to domestic investors. Assess the technology mix that would support this deployment. On this basis, determine the quantities of minerals necessary to support indigenous manufacturing.
  • Better coordination between different stakeholders: Coordinate with the domestic industry to determine where strategic interventions by the government would be necessary for the purpose.KABIL could collaborate with industry to bolster its market intelligence capabilities for tracking global supply­ side developments.
  • Preemptive agreements through KABIL for reliable supply: If conducive investment opportunities don’t exist KABIL should pre­emptively sign off take agreements with global  mineral suppliers to secure future production. It could aggregate reliable supply of minerals for domestic requirements  and sign back ­to­ back sales agreements with the domestic industry .Such large scale centralised  national procurement could be done at preferential terms.
  • Joint Investment In mining assets to mitigate investment risks: The government should jointly invest in mining assets with geostrategic partners. KABIL should make equity investments in mining jurisdictions that private sector investors may deem too risky. It should leverage government­ to­ government partnerships to mitigate investment risks. This could be done through joint investments with sovereign entities from geostrategic partners or private sector entities with expertise in specific geographies.
  • Finding the alternatives: Technologies such as sodium ­ion batteries could reduce requirements for sourcing minerals from beyond India’s borders.  It could also propose co­ development of such technologies with geostrategic partners.
  • Developing policies on sustainable urban mining and recycling: Develop policies on urban mining aimed at recycling mineral inputs from deployments that have completed their useful life. These could help further reduce dependence on international sourcing.

Conclusion

  • Besides Ukraine, other potential geopolitical flash points also exist against a backdrop of dwindling multilateral cooperation. India must act immediately and decisively to mitigate  these risks  to its energy security.

Mains Question

Q.What are critical minerals? Why the critical minerals are so important? What steps India can take to achieve the objective of Atmanirbhar Bharat in domestic mineral supply and thereby mitigating energy security risks?

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Textile Sector – Cotton, Jute, Wool, Silk, Handloom, etc.

Boosting India’s Cotton Production

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Cotton crop,Voluntary Sustainable Standards (VSS)

Mains level: Paper 3- Textile industry,Voluntary Sustainable Standards (VSS)

IndiaContext

  • Cotton, one of the most important crops, has a strategic role in India’s international agriculture play. India is the world’s third-largest exporter of cotton and the second-largest exporter of textiles, therefore, also contributing significantly to the country’s economy.

All you need to know about the Cotton crop

  • Rainfall and Temperature: Sensitive to timing of rainfall and rainfall during harvest might lead to crop failure. Temperature required is around 20-30 degree c., while rainfall is about 75-100cm.
  • Soil: Black soil ideally suited for cotton cultivation as it is rich in lime.cotton is vulnerable to pest attack.
  • Humidity: Cotton cultivation requires more than 200 frost free days. Humidity during harvest is harmful.
  • Oilcake: The cotton seeds are crushed for oil and the oilcake is an important animal fodder and also used as farm manure.

India

What is the Present status of cotton in India?

  • India holds a 4% share of the U.S.$840 billion global textile and apparel market
  • India has been successful in developing backward links, with the aid of the Technical Upgradation Fund Scheme (TUFS), in the cotton and technical textiles industry.
  • However, India is yet to move into man-made fibres as factories still operate in a seasonal fashion.
  • Areas of cotton cultivation are Gujrat, Maharashtra, Telangana, Punjab, etc.

Do you know?

The latest archaeological discovery in Mehrgarh puts the dating of early cotton cultivation and the use of cotton to 5000 BCE. The Indus Valley civilization started cultivating cotton by 3000 BCE. Cotton was mentioned in Hindu hymns in 1500 BCE.

IndiaWhat are the voluntary sustainable standards (VSS) in cotton?

  • Voluntary Sustainability Standards (VSS):  Voluntary Sustainability Standards (VSS), which encapsulate certification schemes, labelling programmes, and private standards. The major VSS that are dominant in the sustainable cotton value chain today include Better Cotton Initiative (BCI), Organic Cotton, Fair trade Cotton, and Cotton Made in Africa.
  • To achieve sustainable Goal: The global textile supply chain is undergoing a paradigm shift; it is pursuing environmental and social upgradation to meet the sustainability requirements imposed by global textile and home furnishing retailers, so as to mitigate the adverse impacts of climate change on cotton farmers and cotton cultivation.

What are the benefits of VSS for India?

  • Enhance position in global cotton supply: Adapting to VSS is clearly beneficial for India. On the one hand, it will help it remain globally competitive in the cotton supply chain and strengthen its position in the export market, while on the other, it will help meet India’s SDG commitments.
  • Takes India a step closer towards sustainable farming: India has made considerable progress in its transition towards a more sustainable cotton farming ecosystem. The total cotton area under VSS has reached 1.5 million hectares, contributing to 24 percent of the global VSS cotton area.
  • Increases organic production of cotton: With approximately 0.2 million hectares of area for production, it is the largest producer of organic cotton, accounting for 50 percent of global organic cotton production, and the second-largest producer of ‘Better Cotton’, accounting for 16.5 percent of total Better Cotton production covering an area of 1.5 million hectares.
  • Higher yeild: According to the BCI’s 2020 Impact Report for India, Better Cotton farmers have 9 percent higher yields and 18 percent higher profit than conventional farmers.
  • Eco friendly production:The Thinkstep report 2018 on the Life Cycle Assessment of VSS Cotton conducted in Madhya Pradesh revealed a reduction of 50 percent in climate change impact, 59 percent in blue water consumption, 84 percent in ecotoxicity, and 100 percent eutrophication in organic over conventional cotton.
  • To achieve SDG Targets: The VSS cotton growth story in India has already demonstrated its contribution towards the achievement of SDG targets for Zero Hunger (Goal 2), Clean Water and Sanitation (Goal 6), Responsible Consumption and Production (Goal 12), Life on Land (Goal 15), and Climate Action (Goal 16).
  • NITI Aayog’s Assessment: VSS cotton delivers real, measurable outcomes according to priority indicators as outlined by NITI Aayog which maps India’s SDG goals. These indicators include changes in the extent of water bodies, improving groundwater withdrawal against availability, and rationalising nitrogen fertiliser.

IndiaConclusion

  • India must scale up the VSS while aligning it with its SDG commitments since VSS in cotton ensures a better production system, sourcing methods, and consumption patterns while also influencing the lives of hundreds of millions.

Mains Question

Q. What are the Voluntary Sustainable Standards (VSS)? Cotton production can be boosted in India using VSS method. Elaborate.

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ISRO Missions and Discoveries

India’s Dark Sky Reserve

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Dark Sky Reserve

Mains level: Science tourism

Dark Sky ReserveContext

  • The union territory of Ladakh will host India’s first Dark Sky Reserve which will be set up in Hanle area in the next three months. The Dark Sky Reserve is being built as part of Ladakh’s high-altitude Changthang Wildlife Sanctuary.

What is Dark Sky Reserve (DSR)?

  • Definition of Dark Sky Reserve: The International Dark Sky Association (IDSA) defines an international dark sky reserve (IDSR) as “a public or private land of substantial size (at least 700 km², or about 173,000 acres) possessing an exceptional or distinguished quality of starry nights and nocturnal environment, and that is specifically protected for its scientific, natural, educational, cultural heritage, and/or public enjoyment.

What is Core Area of Dark Sky Reserve?

  • A dark sky reserve requires a “core” area that has clear sky without any light pollution, which can enable telescopes to see the sky in its natural darkness.

Dark Sky Reserve

Why Ladakh is chosen as ideal location for DSR?

  • Ladakh is ideal for long-term observatories and dark-sky sites because of its large arid area, high elevation, and sparse population, extreme cold and minimum temperature drops to minus 40 degree celcius.
  • The Changthang wildlife Sanctuary, the DSR site is situated around 4,500 metres above sea level, which makes it a perfect host for telescopes.

Who is managing India’s DSR?

  • The Department of Science and Technology and Indian Institute of Astrophysics (IIA) in Bengaluru are providing support for the facility. The IIA already manages the Indian Astronomical Observatory (IAO) complex in Hanle, Ladakh.

What are the International standards for DSR?

  • International Dark Sky Association’s Recognition: The IDSA recognizes and accredits dark-sky areas worldwide, in three categories. The Mont Mégantic Observatory in Quebec is the first such site to be recognized (in 2007) as an International Dark Sky Reserve.
  • Categorical Certification: Individuals or groups can nominate a site for certification to the International Dark Sky Association (IDSA). There are five designated categories, namely International Dark Sky parks, communities, reserves, sanctuaries and Urban Night Sky Places.
  • Global Recognition: The certification process is similar to that of a site being awarded the UNESCO World Heritage Site tag or getting recognised as a Biosphere Reserve. Between 2001 and January 2022, there have been 195 sites recognised as International Dark Sky Places globally, the IDSA said.
  • Dark Sky Park: IDSA recognized Natural Bridges National Monument in Utah as the world’s first International Dark Sky Park.
  • Dark Sky Sanctuary: In 2015, the IDSA introduced the term “Dark Sky Sanctuary” and designated the Elqui Valley of northern Chile as the world’s first International Dark Sky Sanctuary. The Gabriela Mistral Dark Sky Sanctuary is named after a Chilean poet.

Dark Sky ReserveWhat is India’s objective with DSR?

  • To promote AstroTourism: The primary objective of the proposed Dark Sky Reserve is to promote astronomy tourism in a sustainable and environment-friendly manner. Scientific methods will be used here to preserve the night sky from ever-increasing light pollution.
  • To offer clear skies for observations: With metros, cities and peripheral areas experiencing light pollution and remaining constantly lit up, there are diminishing areas that offer a view of clear skies on cloudless nights.
  • For training purpose: In the pilot phase, the Indian Institute of Astrophysics (IIA),has procured ten small and easy-to-handle telescopes and light-reflecting shields. IIA’s scientists and outreach experts will identify locals and train them to use these telescopes.
  • Sky gazing and a boost for village economy: This will include basic sky gazing, identification of constellations, and locating the pole star, among others. These telescopes will be installed at the homestays, which is a popular option for tourist accommodation in Ladakh.

Dark Sky ReserveConclusion

  • The Dark Sky Reserve is likely to boost Astro tourism in India where there has been no such reserve. Once set up, the reserve will be the highest-located site in the country for infrared, gamma-ray, and optical telescopes.

Mains Question

Q. What are the Dark Sky Reserves? How DRS will help in astronomical research and observations in India?

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Electoral Reforms In India

Classifying Merit and Non merit Freebies

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NA

Mains level: Paper 2- Freebies issue

FreebieContext

  • The debate that began with an RBI 2022 report on state finances followed by Prime Minister Narendra Modi’s comment on revdi culture aka freebies, has garnered substantial attention so much so that the Supreme Court is hearing on this issue. Freebies have now assumed more importance than ever.

What are freebies?

  • Freebies could be defined as non-merit subsidies. The term Freebies is not new; rather it is a prevalent culture in Indian politics (in the name of socialism).
  • The political parties are always trying to outdo each other in luring the Indian voters with freebies.

What are Subsidies?

  • Subsidies are money transfers (implicit or explicit) by the government in an attempt to drive prices artificially below market prices.
  • As a National Institute of Public Finance and Policy (NIPFP) study by Sudipto Mundle and Satadru Sirkar puts it, budget subsidies, in particular, are defined as the unrecovered cost of economic and social services.
  • However, all subsidies cannot be easily classified into merit or non-merit.

FreebieWhat are the objectives behind providing freebies?

  • Welfare state: It could be said that providing freebies empowers the state to, first, deliver welfare as a welfare state should, by providing subsidised merit goods like health and education;
  • Combating poverty: To help households combat poverty (especially in economically stressed times characterised by fewer job opportunities, lower incomes, high inflation, etc.) by providing subsidised public goods like food, electricity, etc.
  • Populist spending: To appeal to the electorate through outright populist spending.

Question of classification between a merit and a non-merit freebies?

  • Blur Boundary: The boundaries between the aforementioned objectives begin to blur when it comes to classifying one form of freebie as a merit or a non-merit subsidy.
  • Few examples: Are corporate tax cuts non-merit subsidies or a measure to boost investment? 2. Is making bus rides free for women in the national capital a non-merit subsidy or a way to boost women’s mobility and labour-force participation? 3. Are free laptops to students in Tamil Nadu not a way to bridge the digital divide in education?
  • Varying definition: The existing arguments develop an understanding that freebies cannot be defined in a finite context, and that the definition varies across space and economic conditions.

FreebieHow freebies impact revenue of the state?

  • Adverse impact on revenues: Regardless of which one gets classified as good or bad, freebies are simply expenditures or foregone revenues. Any freebie-induced debt burden could have an adverse effect on the state finances if, one, it hasn’t been properly accounted for through transparent budgeting procedures (including off-budget borrowings in debt calculations)
  • Increase in Fiscal deficit: Either way, they lead to an increase in fiscal deficit whose financing could necessitate taking on debt. It threatens fiscal sustainability, i e, it limits the state’s ability to service its debt-related commitments without making an unrealistic fiscal adjustment.
  • Lack of data leading to leakages: The targeting of beneficiaries to ease the burden on the exchequer is one way to check these expenditures but lack of data has forced a situation wherein leakages and duplication of beneficiaries is commonplace.
  • Jeopardises long-term growth and development: In the absence of adequate avenues of revenue mobilisation, any fiscal adjustment achieved by contracting critical expenditures on the social sector and capital formation further jeopardises long-term growth and development. The emanating risk of fiscal sustainability means a “revdi” today would take a toll on tomorrow’s generation.

What could be the solution?

  • Setting up an independent fiscal council: Setting up an independent fiscal council that has been recommended by the FRBM Review Committee (2017), and recently constituted Finance Commissions too, including the 15th Finance Commission.
  • Providing information and advisory: FRBM report says, the council will serve both an ex-ante role providing independent forecasts on key macro variables like real and nominal GDP growth, tax buoyancy, commodity prices as well as an ex-post monitoring role, and also serve as the institution to advise on triggering the escape clause and also specify a path of return.
  • Monitoring finance: Such a council should work for the union as well as the states. Monitoring of finances and fiscal rules could also help ensure that states comply with a medium-term fiscal policy framework, which has been long argued for by economists.

FreebieConclusion

  • Freebies cannot be defined easily, and constitutionally, any state government should be empowered to spend the way it wants, provided the fiscal policy is sustainable. The message from the freebies debate is to make informed economic decisions whilst attending to key development objectives.

Mains Question

Q. There is nothing wrong in having social security programme that aims to lift the poor get out of poverty and empower the vulnerable sections of the society. In this context, where do you see the goal of sustainable economic development? Comment.

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Labour, Jobs and Employment – Harmonization of labour laws, gender gap, unemployment, etc.

Moonlighting: Overemployment or Underpayment

Note4Students

From UPSC perspective, the following things are important :

Prelims level: what is moonlighting.

Mains level: Impact of moonlighting on comapnies and employment.

MoonlightingContext

  • In July, Kotak Securities said in a study that at least 60% of 400 employees surveyed said they themselves had, or knew someone who had engaged in moonlighting.

What is mean by moonlighting?

  • Moonlighting is a state where employees work for remuneration with entities other than their employers. It is not defined in any of the statutes in India. However, there are enactments that deal with double employment.

MoonlightingHow does it affect companies and what are latest examples?

  • Wipro: According to Wipro CEO, there is a lot of chatter about people moonlighting in the tech industry. This is cheating plain and simple. The company sacked 300 employees following the discovery that they were working for rival firms on the side, leading to conflict of interest.
  • Infosys: Infosys has warned staff against moonlighting, saying it could lead to termination.
  • Effect of WFH: Another software firm DXC Technologies said that moonlighting by employees was a challenge for employers but that wouldn’t affect its WFH (work from home) policy that has worked well for both the firm and its staff.
  • Moonlighting policy: Swiggy announced a moonlighting policy’ that allows employees to pursue their passion for economic interests alongside their fulltime employment.”

MoonlightingWhat is the Legal status of moonlighting?

  • Factory act: Section 60 of the Factories Act deals with restriction on double employment stating that “No adult worker shall be required or allowed to work in any factory on any day on which he has already been working in any other factory, save in such circumstances as may be prescribed. However, this enactment is applicable only to employees working in factories.
  • The Tamil Nadu Shops & Establishments Act, 1947: There are State enactments which deal with employment of persons working in offices, banks, shops, etc. In Tamil Nadu, it is termed as The Tamil Nadu Shops & Establishments Act, 1947. However, there is no provision wherein dealing with dual employment.
  • Glaxo Laboratories (I) Limited vs Labour Court, Meerut and others: The apex court held that “The employer has hardly any extra territorial jurisdiction. He is not the custodian of general law and order situation or the Guru or mentor of his workmen for their well-regulated cultural advancement. If the power to regulate the behaviour of the workmen outside the duty hours and at any place wherever they may be was conferred upon the employer, contract of service may be reduced to contract of slavery.” This case was not specifically about moonlighting but the court’s observation gives us an idea as to how the law may view such cases.

MoonlightingWay forward

  • More earning: The Minister of State for Skill Development and Entrepreneurship, and Electronics and IT, said that employers should not to suppress employees who want to monetise, develop and demonstrate but also urged employees not to violate their agreements with employers.
  • Working hours: Moonlighting is subject to law of the land. The sphere of employment cannot be extended by the employer beyond working hours and outside his place of employment.
  • Socialistic view: The Courts of law in India dealing with employment are Writ Courts and Labour Courts, which exercise jurisdiction based on equity or fairness. Therefore, the Courts may lean in favour of the employee unless the contravention of the employee has led to serious prejudice and loss to the employer

Conclusion

  • Employees are not the slaves of employers. What they do beyond the working hours is none of the business of employer unless it affects company financially or causes substantial damage to business. Government should bring the legal statute to regulate moonlighting and prevent the unjustified punishment of employees.

Mains Question

Q. What is moonlighting? Why employees do moonlighting? Discuss the legal framework about moonlighting in India.

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Corporate Social Responsibility: Issues & Development

Corporate Social Responsibility(CSR) & Social Justice

Note4Students

From UPSC perspective, the following things are important :

Prelims level: CSR

Mains level: corporate governance

SocialContext

  • Since the establishment of the Corporate Social Responsibility (CSR) regime in India under Section 135 of the Companies Act 2013, CSR spending in India has risen from RS.10,065 crore in 2014-15to Rs.24,865crore in 2020-21.But there is no data to verify whether this increase is commensurate with the increase in profits of Indian and foreign (having a registered arm in India) companies.

What is Corporate Social Responsibility (CSR)?

  • Voluntary spending: Corporate social responsibility (CSR) is a form of international private business self-regulation which aims to contribute to societal goals of a philanthropic, activist, or charitable nature by engaging in or supporting volunteering or ethically oriented practices.
  • Ministry Corporate Affairs: The National Corporate Social Responsibility Data Portal is an initiative by Ministry of Corporate Affairs, Government of India to establish a platform to disseminate Corporate Social Responsibility related data and information filed by the companies registered with it.
  • Companies Act, 2013: The Corporate Social Responsibility concept in India is governed by Section 135 of the Companies Act, 2013 (‘Act’), Schedule VII of the Act and Companies (CSR Policy) Rules, 2014 wherein the criteria has been provided for assessing the CSR eligibility of a company, Implementation and Reporting of their CSR Policies.

Social

How CSR helps in achieving social justice?

  • Sustainable Goals: India having the most elaborated CSR mechanism and implementation strategy has started its journey to set a benchmark in attaining sustainability goals and stakeholder activism in nation building.
  • Corporate philanthropy: company donations to charity, including cash, goods, and services, sometimes via a corporate foundation.
  • Community volunteering: company-organized volunteer activities, sometimes while an employee receives pay for pro-bono work on behalf of a non-profit organization
  • Socially-responsible business practices: ethically produced products that appeal to a customer segment.
  • Corporate social marketing: Company-funded behaviour-change campaigns, Company-funded advocacy campaigns, donations to charity based on product sales.

Why there is need to review the CSR?

  • Declining number: There was also a decline in the number of companies participating in CSR 25,103 in FY2019 to 17,007 in FY2021.
  • Flaw in the law: If a company spends an amount in excess of the minimum 2%, as stipulated, the excess amount is liable to be set off against spending in the succeeding three financial years. Ideally, companies should have been shown courage to spend more than this.
  • Own trusts: many private companies have registered their own foundations/trusts to which they transfer the statutory CSR budgets for utilisation. It is unclear if this is allowed under the Companies Act/CSR rules.
  • Geographical bias: The first proviso to Section 135(5) of the Act is that the company should give preference to local areas/areas around it where it operates. This is logical. However, a report by Ashoka University’s Centre for Social Impact and Philanthropy says that 54% of CSR companies are concentrated in Maharashtra, Tamil Nadu, Karnataka, and Gujarat(receiving the largest CSR spends) while populous Uttar Pradesh and Madhya Pradesh receive little.
  • Spending on environment: Item (iv) of Schedule VII of the Act deals with broader environmental issues to create a countervailing effect. However, an analysis of CSR spending (2014-18)reveals that while most CSR spending is in education (37%) and health and sanitation (29%), only 9% was spent on the environment even as extractive industries such as mining function in an environmentally detrimental manner in several States
  • Incomplete information: The Standing Committee on Finance had observed that the information regarding CSR spending by companies is insufficient and difficult to access. As per the ‘Technical Guide on Accounting’ issued by the Institute of Chartered Accountants of India, a company is only required to mention its CSR spends, non-spend, under-spend, and overspend in the ‘Notes to Accounts’.

SocialWhat are the suggestions to improve the mechanism of CSR?

  • Centralized platform: There is a need to curate a national level platform centralised by the MCA where all States could list their potential CSR admissible projects so that companies can assess where their CSR funds would be most impactful across India with, of course, preferential treatment to areas where they operate.
  • India Investment Grid: Invest India’s ‘Corporate Social Responsibility Projects Repository’ on the India Investment Grid (IIG) can serve as a guide for such efforts. This model would be very useful for supporting deserving projects in the 112aspirational districts and projects identified by MPs under the Government’s Sansad AdarshGram Yojana.
  • Increase environment spending: Companies need to prioritise environment restoration in the area where they operate, earmarking at least 25% for environment regeneration.
  • Public participation: All CSR projects should be selected and implemented with the active involvement of communities, district administration and public representatives.
  • Transparency: Recommendations by the high-level committee in 2018 should be incorporated in the current CSR framework to improve the existing monitoring and evaluation regime. These include strengthening the reporting mechanisms with enhanced disclosures concerning selection of projects, locations, implementing agencies, etc.; bringing CSR within the purview of statutory financial audit with details of CSR expenditure included in the financial statement of a company, and mandatory independent third party impact assessment audits.
  • Monitoring by government: The MCA and the line departments need to exercise greater direct monitoring and supervision over CSR spend by companies through the line ministries (for public sector undertakings) and other industry associations(for non-public units) instead of merely hosting all information on the Ministry’s website.

SocialConclusion

  • Corporate social responsibility is an effective tool to address the social and income inequality. Present legal arrangements are toothless and based on voluntary actions. For an effective change CSR spending should be made more transparent and accountable.

Mains Question.

Q.Present arrangement of CSR is not yielding the desired result. Enlist the current weakness in CSR spending Suggest the changes needed for efficient implantation of CSR.

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Agricultural Sector and Marketing Reforms – eNAM, Model APMC Act, Eco Survey Reco, etc.

India’s Rice Exports and food Insecurity

ExportsContext

  • On August 8, India banned the exports of broken rice and imposed a 20 per cent duty on the exports of various grades of rice amid high cereal inflation and uncertainties with respect to domestic supply.

Background

  • This is surely not the first time an attempt is being made to ban wheat and rice exports.
  • It was also done in 2007-08, in the wake of the global financial crisis.
  • Perhaps government will also impose stocking limits on traders for a host of commodities, suspend futures trading in food items, and even conduct income tax raids on traders of food.

Exports

What is the current status of rice in India?

  • World’s largest rice exporter: India has exported more than 20 MT of rice worth a record $9. 6 billion to more than 150 countries in 2021-22.It has been the world’s largest rice exporter of the grain in the last decade and has a share of around 44% global trade.
  • Likely to fall in production: India’s rice production is likely to decline by 6 per cent t to 104.99 million tonnes in the kharif season due to a fall in paddy acreage amidst rainfall deficit in key producing states, including Jharkhand, Madhya Pradesh and West Bengal.
  • Kharif season: Sowing in the kharif season begins with the onset of the southwest monsoon from June and harvesting from October onwards .About 85 per cent of India’s total production comes from this season.
  • Deficient rainfall: West Bengal, the biggest rice producer amongst states, has received deficient rainfall in 15 of its 23 districts, raising the likelihood of crop loss. Uttar Pradesh, the second biggest producer of rice has received 42% less rainfall than benchmark. The rainfall deficiency in the other eastern states Bihar (-34%) and Jharkhand (-48%).
  • Depleting stocks: There are concerns about rice stocks with the Food Corporation of India (FCI) depleting to a 10-year low level by April, 2023 year, if the free ration scheme is extended to the second half of the financial year. The government may have to impose some curbs on rice exports though minimum export price or an export tax if the scheme is extended.

Why India’s rice export ban is cause for worry?

  • Thin world rice market and the impact on prices: Given that 90 per cent of production is consumed domestically, As a result, any small change in exports and imports has an enormous impact on prices, especially if it leads to panic buying of food grains by rich countries.
  • Limited Import option: The stakes are higher as it is India’s largest agricultural crop. Unlike with wheat, the options for import in rice due to any production shortfall are limited, when India’s own share in the global trade of the cereal is more than 40%.
  • Affect the credibility: The export uncertainties will affect the credibility of Indian exporters, create a disincentive for future exports, and will enable buyers to shift towards other major rice-exporting countries.
  • Affect a section of farmers: Though Indian farmers in general lack market access, and hence do not take advantage of high market prices, the fall in prices may adversely affect a section of farmers who hope to get a better price for their produce through exports. The exporters who face the burden of the unfeasibility of exports may pass it on to farmers in the form of lower prices during procurement.
  • Affect low-income and low middle-income Countries: India’s export restrictions will adversely affect several low-income and low-middle-income countries like Bangladesh, Senegal, Nepal and Benin, which are among the largest importers of Indian rice.
  • Domestic prices and to safeguard food security: Frequent changes in export policies undoubtedly have long-term ramifications on domestic prices

Exports

What are the Issues in India’s rice export strategy?

  • Highest ever volume: India exported the highest-ever volume of 21 million metric tonnes (MMT) of rice in 2021-22 (FY22) in a global market of about 51.3 MMT, which amounts to about 41 per cent of global exports.
  • Reduced price: Such large volumes of rice exports brought down global prices of rice by about 23 per cent in March (YoY), when all other cereal prices, be it wheat or maize, were going up substantially in global markets. In fact, in FY22, the unit value of exports of common rice was just $354/tonne, which was lower than the minimum support price (MSP) of rice.
  • Below MSP buying or leakage from PMGKAY: This meant that rice exporters were either buying rice (paddy) from farmers and millersat below the MSP or that quite a substantial part of rice was given free under the PM Garib Kalyan Ann Yojana (PMGKAY) was being siphoned away for exports at prices below MSP.
  • Artificial competitive advantage: Free electricity for irrigation in several states, most notably Punjab, and highly subsidised fertilisers, especially urea, create an artificial competitive advantage for Indian rice in global markets.

Problems with India’s rice cultivation

  • Lower yield: India’s rice yield is lower than the world average. However, India’s yield is better than Thailand and Pakistan but worse than Vietnam, China and the US.
  • Higher cost of cultivation and price support: The cost of cultivation in India is also increasing, and hence there will be a need for a higher MSP to make production remunerative. This will exacerbate the pressure to re-think its price-support-backed food security mechanism.
  • Water-intensive nature: India’s rice production likely to fall amidst the shortfall of rainfall in major rice producing states and increasing salinity of soil because of over usage of water. The water-intensive nature of rice cultivation, along with frequent export restrictions will adversely affect the long-run sustainability of rice production. In India, around 49 per cent of rice cultivation depends on groundwater which is depleting rapidly.

ExportsWhat is the link between Rice cultivation and groundwater depletion?

  • Ground water depletion: In India, around 49 per cent of rice cultivation depends on groundwater which is depleting rapidly.
  • Food and Agriculture Organization (FAO) data: As per the latest data available from the Food and Agriculture Organization (FAO), agricultural water withdrawal as a percentage of total available renewable water resources has increased from 26.7 per cent in 1993 to 36 per cent in 2022.
  • Virtual water trade (VWT): Rice exports are leading to an indirect export of water to other countries a phenomenon known as virtual water trade (VWT). The relative per capita water availability in India is lower than a majority of its major importing countries. The other major exporters of rice, such as Thailand and Vietnam, also have better per capita water availability in comparison to India.
  • Renewable water resources: Out of 133 countries in which India has positive net rice exports, only 39 countries have relatively lower per capita renewable water resources. Out of these 39 countries, 12 countries are high-income countries with the ability to buy food at a higher price.

Conclusion

  • Depletion of groundwater resources and rising cost of cultivation may threaten rice production in the future. Adequate water saving measures in the form of widespread adoption of water saving practices like System of Rice Intensification (SRI) need to be taken to keep input requirements, costs and production sustainable.

Mains question

Q.As many developing countries depend on Indian rice, rice export restrictions have raised food security concerns in the global market. In this context discuss the causes and effects of India’s restrictions on rice export.

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Governor: 1st essential part of State Legislature

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Role of Governors in State

Mains level: Issues with role of Governor

GovernorContext

  • In Tamil Nadu, the Governor forwarded the Bill for exemptio from the National Eligibility cum Entrance Test (NEET) to the President after considerable delay.
  • In Kerala the situation has become a bit curious with the Governor publicly announcing that he would not give assent to the Lokayukta Amendment Bill and the Kerala University Amendment Bill. Such actions by Governors throw the legislative programmes of governments out of gear because of the uncertainty surrounding the assent.

What is Role of Governor in Legislature?

  • Integral part: A Bill passed by the State Assembly becomes law only after it is assented to by the Governor.The Governor being a part of the State legislature, the process of law making is complete only when he signs it, signifying his assent.
  • Established practice: In all democratic countries, similar provision exists in their constitutions.

Governor What is the Power of Governor Vis-e-vis legislature?

  • What Article 200 says: The Constitution provides certain options for the Governor to exercise when a Bill reaches him from the Assembly.
  • There are four possible scenarios:
  1. Assent: He may give assent.
  2. Reconsider: He can send it back to the Assembly requesting it to reconsider some provisions of the Bill, or the Bill itself. In this case, if the Assembly passes the Bill without making any change and sends it back to the Governor, he will have to give assent to it.
  3. Reserve: The third option is to reserve the Bill for the consideration of the President.
  4. Withhold: The fourth option, of course, is to withhold the assent.

What are the Legislative practice in other democracies ?

  • UK: The royal assent is necessary for a Bill to be passed by Parliament to become law and the crown has the power to withhold assent. But it is a dead letter.
  • No power of veto: By practice and usage there is no power of veto exercised by the crown in England now. Moreover, refusal of royal assent on the ground that the monarchy strongly disapproves of the Bill or that the Bill is very controversial is treated as unconstitutional.
  • USA: In the United States, the President is empowered by the Constitution to refuse assent and return a Bill to the House but if the Houses again pass it with two thirds of each House the Bill becomes law.

GovernorWhy there is an ambiguity over the role of governors in India?

  • Role of the governor: The question of whether a Governor is permitted by the Constitution to cause uncertainty in the matter of giving assent to the Bills passed by State legislatures assumes great importance.
  • Presidential Assent: The provision concerned makes it clear that a Bill can be reserved for the consideration of the President only if the Governor forms an opinion that the Bill would endanger the position of the High Court by whittling away its powers. The Constitution does not mention any other type of Bill which is required to be reserved for the consideration of the President. Nevertheless, the courts have conceded a certain discretion to the Governors in the matter of sending Bills to the President.
  • Constitution is silent: the Constitution does not mention the grounds on which a Governor may withhold assent to a Bill.
  • No remedy: The Indian Constitution, however, does not provide any such remedy as that of USA or UK . The courts too have more or less accepted the position that if the Governor withholds assent, the Bill will go. Thus, the whole legislative exercise will become fruitless. It does not square with the best practices in old and mature democracies.

What is the Court mandated legislative practice?

  • According to Article 361: The Constitution prohibits the court from initiating proceedings against a Governor or the President for any act done in exercise of their powers. They enjoy complete immunity from court proceedings. It is in fact a unique situation where a government is placed in a situation of having to challenge a Governor’s action of withholding assent to a Bill.
  • Reasons: Governor while declaring that he withholds assent will have to disclose the reason for such refusal.
  • No Arbitrary actions: Being a high constitutional authority, the Governor cannot act in an arbitrary manner
  • Unconstitutional: If the grounds for refusal disclose mala fide or extraneous considerations or ultravires, the Governor’s action of refusal could be struck down as unconstitutional.
  • Rameshwar Prasad and Others. vs Union of India case: The Court held: “the immunity granted by Article 361(1) does not, however, take away the power of the Court to examine the validity of the action including on the ground of malafides”.
  • Pocket veto: since the Constitution does not fix any timeline for the Governor to decide the question of assent, he can wait for any length of time without doing anything. This is illogical and militates against the constitutional scheme in respect of law making by the legislatures.

GovernorConclusion

  • The legislature reflects the will of the people and is the constitutionally designated body to make laws. If the Governor who does not reflect in any way the aspirations of the people of the State refuses assent, and thereby defeats the legislative programme of the elected government, it would be against the spirit of the Constitution.

Mains Question

Q.Governor is the connecting link between state and central executive. Discuss the duties of Governor with respect to state legislature? Why Governor tilt more towards centre than state?

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Industrial Sector Updates – Industrial Policy, Ease of Doing Business, etc.

Analysing Insolvency and bankruptcy Code

Note4Students

From UPSC perspective, the following things are important :

Prelims level: what is IBC

Mains level: IBC reforms

InsolvencyContext

  • Speaking at the Sixth anniversary of the insolvency and bankruptcy Board of India (IBBI) on October 1, Union Finance Minister Nirmala Sitharaman said that the country could not afford to lose the “sheen” of its insolvency law, the Insolvency and Bankruptcy code(IBC)

What is Insolvency?

  • Simply speaking, insolvency is a financial state of being one that is reached when you are unable to pay off your debts on time.
  • Insolvency is essentially the state of being that prompts one to file for bankruptcy. An entity a person, family, or company becomes insolvent when it cannot pay its lenders back on time.
  • Typically, those who become insolvent will take certain steps toward a resolution. One of the most common solutions for insolvency is bankruptcy.

What is Bankruptcy?

  • Bankruptcy, on the other hand, is a legal process that serves the purpose of resolving the issue of insolvency.
  • Bankruptcy is a legal declaration of one’s inability to pay off debts. When one files for bankruptcy, one obliges to pay off what is owed with help from the government.

InsolvencyWhat is Insolvency and Bankruptcy Code (IBC)?

  • In a growing economy, a healthy credit flow and generation of new capital are essential.
  • When a company or business turns insolvent or “sick”, it begins to default on its loans.
  • In order for credit to not get stuck in the system or turn into bad loans, it is important that banks or creditors are able to recover as much as possible from the defaulter, as quickly as they can.

Why the IBC introduced?

  • Increasing Non ­Performing Assets: In 2016, at a time when India’s Non Performing Assets and debt defaults were piling up, and older loan recovery mechanisms were performing badly, the IBC was introduced to overhaul the corporate distress resolution regime in India.
  • Time bound mechanism: To consolidate previously available laws to create a time bound mechanism with a creditor­ in­ control model as opposed to the debtor ­in ­possession system.
  • Two positive outcomes: When insolvency is triggered under the IBC, there can be just two outcomes: resolution or liquidation. liquidation means the process of winding up a corporation or incorporated entity

InsolvencyImportance of the Insolvency and bankruptcy code

  • Resolution: First objective is finding a way to save a business through restructuring, change in ownership, mergers etc.
  • Maximising the value: The second objective is to maximise the value of assets of the corporate debtor  maximise the value .
  • Credit facility: To promote entrepreneurship, availability of credit, and balancing the interests of all stakeholders.
  • Easy exit: The Insolvency and Bankruptcy Code would provide such an environment to ensure easy exit for sick companies and help the country to improve its position in ease of doing business.
  • Speedy winding up: The bankruptcy code will make it easier for companies to wind up failed businesses and bring India on a par with developed nations in terms of resolving bankruptcy issues.
  • Time bound disposal: Timeliness is key here so that the viability of the business or the value of its assets does not deteriorate further. It minimizes the problem of delay as there are strict timelines within which the case has to be disposed off. Quick disposal of cases will maximize the recovery amount.
  • Information database: It prepares a database to provide information on the insolvency status of individuals. In addition to this, specialized insolvency professionals helps in guiding through the process.
  • Easy process of claim: Easy process of claim by the creditors also encourages financial institutions to extend credit facilities thus strengthening the financial markets with increased availability of credit for business.

What are the challenges before IBC?

  • Weak Resolution: IBBI data for the 3,400 cases admitted under the IBC in the last six years, more than 50% of the cases ended in liquidation, and only 14% could find a proper resolution.
  • Increasing deadlines: The IBC was thus initially given a 180 day deadline to complete the resolution process, with a permitted 90 day extension. It was later amended to make the total timeline for completion 330 days is almost a year.
  • In FY22, it took 772 days to resolve cases involving companies that owed more than 1,000 crore. The average number of days it took to resolve such cases increased rapidly over the past five years.
  • On Haircuts (Debts that banks forgo):The Parliamentary Standing Committee on Finance pointed out in 2021 that in the five years of the IBC, creditors on an average had to bear an 80% haircut in more than 70% of the cases.
  • As per The Hindu Data Team, in close to 33 of 85 companies so far that owed more than 1,000 crore, lenders had to take above 90% haircuts. In case of the resolution of the Videocon Group for instance, creditors bore a haircut of 95.3%.

InsolvencyWhat  are experts saying?

  • Addressing the delays: In order to address the delays, the Parliamentary Standing Committee suggested that the time taken to admit the insolvency application and transfer control of the company to a resolution process, should not be more than 30 days after filing the case.
  • New mechanism: The IBBI has also called for a new yardstick to measure haircuts. It suggested that haircuts not be looked at as the difference between the creditor’s claims and the actual amount realized but as the difference between what the company brings along when it enters IBC and the value realized.

Conclusion

  • Insolvency and Bankruptcy Code is a comprehensive and systemic process, which gives a quantum leap to the functioning of the credit market. However, it is the need of the hour to find new and innovative alternatives to make this system comprehensible and address the challenge of delay and resolution.

Mains Question

Q. Insolvency and Bankruptcy Code (IBC) is a comprehensive and systemic process, which gives a quantum leap to the functioning of the credit market. Discuss the challenges and way ahead in the resolution mechanism of IBC.

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Women Safety Issues – Marital Rape, Domestic Violence, Swadhar, Nirbhaya Fund, etc.

Marital rape, MTP Act and the Society

Note4Students

From UPSC perspective, the following things are important :

Prelims level: MTP Act.

Mains level: Abortion rights,Persistence of marital rape and need for its criminalization

Marital rapeContext

  • The recent Supreme court judgment expands the definition of rape to marital rape for the MTP Act. Marital rape is still not criminalised. If society does not accept “marital rape” as even a moral offence, how will a woman convince doctors to terminate her pregnancy based on the exception provided by the SC’s verdict.

Background

  • The Supreme Court has held that all women, irrespective of their marital status, are entitled to safe and legal abortion till 24 weeks of pregnancy under the Medical Termination of Pregnancy (MTP).

What is Medical Termination of Pregnancy (MTP) Act?

  • Abortion in India has been a legal right under various circumstances for the last 50 years since the introduction of the Medical Termination of Pregnancy (MTP) Act in 1971
  • The Act was amended in 2003 to enable women’s access to safe and legal abortion services.

Marital rapeWhat are the Changes in Medical Termination of Pregnancy (MTP) Act, 2021?

  • The gestation limit: The gestation limit for abortions has been raised from the earlier ceiling of 20 weeks to 24 weeks, but only for special categories of pregnant women such as rape or incest survivors. But this termination would need the approval of two registered doctors.
  • Doctor’s approval: All pregnancies up to 20 weeks require one doctor’s approval. The earlier law, the MTP Act 1971, required one doctor’s approval for pregnancies up to 12 weeks and two doctors’ for pregnancies between 12 and 20 weeks.
  • Contraceptive failure: Women can now terminate unwanted pregnancies caused by contraceptive failure, regardless of their marital status. Earlier the law specified that only a “married woman and her husband” could do this.
  • In case of fetal disability:  There is also no upper gestation limit for abortion in case of fetal disability if so decided by a medical board of specialist doctors, which state governments and union territories’ administrations would set up.

What is marital rape?

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

Marital rapeStatistics on Marital rape in India

  • The NFHS-5 survey (2019-21):
  • The survey said that 32% of ever-married women have suffered spousal physical, sexual, or emotional violence, and 27% have suffered at least one form of violence.
  • Twenty-nine percent of ever- married women have experienced spousal physical violence and 14% have suffered emotional violence.
  • The form of sexual violence most commonly reported by women is that their husband used physical force to have sexual intercourse when they did not want to (5%).
  • Four per cent reported that their husband forced them with threats or in other ways to perform sexual acts they did not want to and 3% of them reported that their husband forced them to perform any sexual acts they did not want to.
  • Women in rural areas are more likely (34%) than women in urban areas (27%) to experience one or more forms of spousal violence.

Why modern India still not accepting marital rape as a rape?

  • Definition: The definition of rape codified in Section 375 of the Indian Penal Code (IPC) includes all forms of sexual assault involving non-consensual intercourse with a woman.
  • Non-Criminalization: Non-Criminalization of marital rape in India emanates from Exception 2 to Section 375.
  • Exemption: Section 375 defines rape and lists seven notions of consent which, if vitiated, would constitute the offence of rape by a man. However, the provision contains a crucial exemption, Sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape.
  • Marriage as perpetual consent: As per current law, a wife is presumed to deliver perpetual consent to have sex with her husband after entering marital relations. The concept of marital rape in India is the epitome of what we call an “implied consent”. Marriage between a man and a woman here implies that both have consented to sexual intercourse, and it cannot be otherwise.

What is the link between marital rape and MTP Act?

  • The distinction and the cultural ethos: Married women have a different world attire, jewellery, rituals compared to widows or unmarried or deserted women .So is the right to sexual intercourse. In contrast, unmarried women do not have a right to sex. So what does the right to terminate pregnancy mean for them
  • Ownership of women’s sexuality: Unmarried women cannot have sex, married women cannot say no to sex because men own women’s sexuality. Husbands can use the legal remedy of restitution of conjugal rights against runaway wives. Ownership is integral here
  • Cause of Disharmony: An unmarried woman does not have an owner. It causes confusion and disorder. Women’s sexuality is seen as a cause of disharmony.

Marital rapeWhy marital rape must be a crime?

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

Present regulations in India

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

Way forward

  • Sanctioning marital rape is an acknowledgment of the woman’s right to self-determination (i.e., control of all matters relating to her body.
  • The recent judgment on the MTP Act has extended the definition of rape to marital rape which is a big step in the right direction.
  • However in a society with strong social norms and value systems every stakeholder should have more than a legitimate motive. It has to play an important role.

Mains Question

Q.While abortion is available under legal regulations in the country, Discuss the relationship between the Medical Termination of Pregnancy Act and Marital Rape.

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Quantum Technology : Next generation Computers are achievible

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Quantum Technology

Mains level: Quantum Technology applications

QuantumContext

  • The Nobel Prize committee decided to honour three scientists Alain Aspect of France, John Clauser of the US, and Anton Zeilinger of Austria for their work in domain quantum physics.

What is the contribution of these three scientists?

  • Together, these three have made seminal contributions to not just the foundations of quantum theory but also to efforts that have now enabled the possibility of a wide range of applications.
  • Their experiments have conclusively established that the ‘entanglement’ phenomenon observed in quantum particles was real, not a result of any ‘hidden’ or unknown forces.

What is the Significance of this Discovery?

  • Wide applications: It could be utilised to make transformative technological advances in computing, hack-free communications, and science fiction-like concept of ‘teleportation’.

Quantum What is Quantum Theory?

  • Subatomic level: Quantum theory is a fundamental theory in physics that provides a description of the physical properties of nature at the scale of atoms and subatomic particles.It is the foundation of all quantum physics including quantum chemistry, quantum field theory, quantum technology, and quantum information science.
  • Different from conventional physics: Quantum mechanics differs from classical physics in that energy, momentum, angular momentum.

Development in Quantum Theory so far

  • Planck’s assumption: In 1900, Planck made the assumption that energy was made of individual units, or
  • Albert Einstein’s theory : In 1905, Albert Einstein theorized that not just the energy, but the radiation itself was quantized in the same manner.
  • Louis de Broglie theory: In 1924, Louis de Broglie proposed that there is no fundamental difference in the makeup and behaviour of energy and matter; on the atomic and subatomic level either may behave as if made of either particles or waves. This theory became known as the principle of wave-particle duality: elementary particles of both energy and matter behave, depending on the conditions, like either particles or waves (wave-particle duality).
  • Heisenberg proposed: In 1927, Werner Heisenberg proposed that precise, simultaneous measurement of two complementary values – such as the position and momentum of a subatomic particle – is impossible. Contrary to the principles of classical physics, their simultaneous measurement is inescapably flawed; the more precisely one value is measured, the more flawed will be the measurement of the other value. This theory became known as the uncertainty principle, which prompted Albert Einstein’s famous comment, “God does not play dice.”

QuantumWhat is Entanglement?

  • Entanglement was another of several weird properties exhibited by these tiny particles. Two particles, having ‘interacted’ with each other at some stage, were found to have got ‘entangled’ in a way that the behaviour of one produced an instantaneous reaction in the other even if the two were no longer connected in any way and were separated by very large distances.
  • The entanglement property to open up new technological possibilities. first time that it was possible to ‘teleport’ the quantum states of a particle to another location without the particle moving anywhere and without a medium.

What is Superposition?

  • It’s a phenomenon where, a particle exists simultaneously at multiple locations, known as superposition. The chance of finding the particle at any given place was dictated by probabilistic calculations, and once it was found, or observed, at one location, it ceased to exist at all other places.

What was the Einstein’s assessment?

  • Special theory of relativity: Einstein’s Special Theory of Relativity prohibited any signal from travelling faster than the speed of light. The seemingly instantaneous communication due to entanglement had the danger of further unravelling the foundations of physics.
  • Spooky behaviour: Einstein describes the strange behaviour by quantum particles as ‘spooky’.
  • Speed of light: One major concern of Einstein, that entanglement allows for transmission of information at speeds faster than light, was not entirely accurate.When an operation is performed on one of the entangled particles, there is an instantaneous reaction in the other.
  • Communication problem: There is no way for the observer at the other end to know the reaction has happened. The observer has to be made aware of the operation having been performed, and this happens only through classical communication channels limited by the speed of light restriction.

QuantumConclusion

  • The entanglement property is now being utilised to build the next generation of computers, called quantum computers, which exploit the quantum behaviour of particles to overcome challenges considered as unsurmountable. It is being used to create secure communication algorithms that would be immune to hacking.

Mains Question

Q.What is the quantum theory? How it is different from classical theory of physics? How entanglement property is used in various applications?

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Indian Army Updates

India-China Relations

Note4Students

From UPSC perspective, the following things are important :

Prelims level: India china friction points

Mains level: Border security

ChinaContext

  • The National Congress of the Chinese Communist Party (CCP), scheduled in October, promises to deliver important outcomes, which will impact not just China but affairs of other nations, neighbour and beyond. A look into India-china Relationship as china has always been hostile towards its neighbours.

Background

  • 1950
    • India and China established diplomatic relations on 1st April 1950.
    • India was the first non-socialist country to establish relations with the People’s Republic of China and the catchphrase ‘Hindi Chini Bhai Bhai’ became famous.
  • 1955
    • Both countries attended the Asian-African Conference in which 29 countries participated in Bandung, Indonesia and jointly advocated the Bandung Spirit of solidarity, friendship and cooperation.
    • It has led to the decolonisation of the whole of Asia and Africa and to the formation of a Non-Aligned Movement as the third Way between the Two Blocs of Superpowers.
    • The First NAM Summit Conference took place in Belgrade, Yugoslavia, in September 1961.
  • 1962
    • The border conflict led to a serious setback in bilateral relations.
  • 1976
    • China and India restored ambassadorial relations and bilateral ties improved gradually.
  • 1988
    • Indian Prime Minister Rajiv Gandhi visited China, initiating the process of normalization of bilateral relations.
    • The two sides agreed to look forward and develop bilateral relations actively in other fields while seeking a mutually acceptable solution to boundary questions.

Areas of Cooperation

1.Political Relations

  • In 1993, Agreement on the Maintenance of Peace and Tranquility along the Line of Actual Control (LAC) on the India-China Border Areas was signed to bring stability and substance in bilateral ties.
  • In 2008, two countries have also extended their strategic and military relations.
  • MoU was signed to open an additional route for Kailash Mansarovar Yatra through Nathu La.
  • India and China have also established a High Level Dialogue Mechanism on Counter Terrorism and Security
  • To facilitate exchanges between Indian states and Chinese provinces, States/Provincial Leaders Forum was established

 2.Commercial and Economic Relations

  • China will establish two Industrial Parks in India and expressed their intention to enhance Chinese investment in India
  • India extended e-visa facility to Chinese nationals
  • Trade and Economic Relationship are shaped through various dialogue mechanism
  • Joint Economic Group led by the Commerce Ministers of both sides
  • Strategic Economic Dialogues led by the Vice Chairman of NITI Aayog and the Chairman of National Development and Reform Commission of China

 3.Cultural Relations

  • India and China have entered into an agreement on co-production of movies
  • Yoga is becoming increasingly popular in China. China was one of the co-sponsors to the UN resolution designating June 21 as the International Day of Yoga

 4.Education Relations:

  • India and China signed Education Exchange Programme (EEP), which is an umbrella agreement for educational cooperation between the two countries.
  • Chinese students are also annually awarded scholarships to study Hindi at Kendriya Hindi Sansthan, to learn Hindi

 5.Indian Community:

  • Presently around 35,500 Indians are staying in China, students and working professional form a major part of it.
  • PICFA” Pondicherry India China friendship association is an NGO dedicated for developing people-to-people relation between India and China in areas of education, culture and tourism.

What are the recent anti- India moves by China?

  • China continues to stake its claim to Arunachal Pradesh as Southern Tibet.
  • Beijing recently renamed 15 places in Arunachal Pradesh, following the six it had done in 2017.
  • China justifies the renaming as being done on the basis of its historical, cultural and administrative jurisdiction over the area — these old names existed since ancient times which had been changed by India with its “illegal occupation”.
  • On January 1, 2022, Beijing’s new land border law came into force, which provides the People’s Liberation Army (PLA) with full responsibility to take steps against “invasion, encroachment, infiltration, provocation” and safeguard Chinese territory

China

What is the present situation of India-China relationship?

  • Troops in Ladakh: We have been on tenterhooks since the sanguinary Galwan clash of 2020, and borne a heavy cost for the “mirror-deployment” of 50,000-60,000 additional troops in Ladakh.
  • LAC negotiations: Sino-Indian diplomatic parleys having been suspended, the task of LAC negotiations has been foisted on local military commanders.
  • Truce for SCO: The 16th successive commanders’ meeting would have seen yet another futile conclusion, but for compulsions of the impending Shanghai Cooperative Organisation, which apparently led to a modest breakthrough. Consequently, the third round of troop disengagement and the creation of another buffer zone has taken place in Siachen, this time in the area of Gogra-Hot Springs.
  • Bilateral Trade: The India-China trade is on course to cross USD 100 billion for the second consecutive year as it has gone up to USD 67.08 billion in the first half of this year amid a big surge of Chinese exports.
  • “According to the statistics of Chinese competent authorities, bilateral trade volume between China and India stood at USD 125.66 billion in 2021.China remains the largest trade partner of India and for the first time the bilateral trade exceeded USD 100 billion in 2021.

China

Issue of concerns in India-China relations:

China-India border dispute: history shows solution may lie with Xi Jinping  and Narendra Modi | South China Morning Post

  • Belt Road Initiative: India has objected this, since its inception on grounds of violating its sovereignty pointing to China Pakistan Economic Corridor.
  • India’s support to China on global issues has not led to Beijing’s reciprocation for instances: China opposed India’s permanent membership to UN Security Council and entry into NSG.
  • India faces trade imbalance heavily in some favor of China. In 2017-18, trade deficit has gone wide to US$62.9 billion in China’s favor.
  • Two countries failed to resolve their border dispute and steadily established military infrastructure along border areas Indian media outlets have repeatedly reported Chinese military incursions into Indian territory
  • China has expressed concerns about Indian military and economic activities in the disputed South China Sea. Same way India is also concerned about rising Chinese activities in Indian Ocean.
  • China’s strong strategic bilateral relations with Pakistan and other neighboring countries like Nepal and Bhutan is cause of concern as these countries act as buffer states.

China

What are the options for India to learn from the past and see what lies ahead in India-China relations?

  • Inevitable Race: The prevailing tension on the China-India border is a symptom of the broader strategic competition between the two Asian neighbors.
  • Quad grouping: Immediately after the clashes, India leaned toward the Quad a grouping of the United States, Australia, Japan, and India with multiple summit meetings and other engagements. Until that point, India was unwilling to refer to the Quad as the Quad, instead using the cumbersome India-Australia-Japan-United States grouping.
  • Equal seriousness: Both sides should treat the military escalation in eastern Ladakh with equal seriousness.
  • Armed coexistence: Even after the resolution of the present standoff in eastern Ladakh, both sides may be in a prolonged period of armed coexistence as a new normal. As the forces on both sides are likely to be relatively balanced, it would be advantageous for both to return to the agreements and understandings from 1993 onward and improve upon them. Clarifying the LAC is a crucial step in this effort.
  • Address trade imbalance: India has flagged the unsustainable trade imbalance at the front and centre of the relationship, and this has gone unaddressed. China will need to work on resolving the trade deficit with India. At any rate, decoupling will happen selectively, in the same way and for the same reasons that China is choosing to decouple from the United States. A balanced trade and economic relationship might lay a solid foundation for future relations, given the size of both economies.
  • Dialogue is necessary: Better understanding of each other’s regional initiatives through open dialogue is important to build trust. The Indo-Pacific vision is as much a developmental necessity for India as the BRI may be to China. Part of building trust must be an open discussion on each other’s intentions in key regions South Asia and the northern Indian Ocean and East Asia and the western Pacific as well as respect for each other’s special positions in the western Pacific and northern Indian Oceans.
  • Protect the core interest: The two sides would need to accommodate the legitimate interests of the other side on key partnerships: China’s with Pakistan and India’s with the United States. These may not be desirable, but in the current circumstances neither will give up its partners, and both India and China could talk through a modus vivendi on the red lines of concern.

Conclusion

  • The two countries are standing at a crossroads, and this might be the final chance to take the path to coexistence of cooperation and competition. If not, a new phase of antagonistic rivalry may be starting, with the countries sliding into possible confrontation as the strategic periphery of China collides with the strategic backyard of India in the Indian Ocean region.

Mains Question

Q.India and china are the two Asian giants aspiring for regional supremacy and global influence, clash is unavoidable. Discuss how India and china can coexist together.

 

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Right To Privacy

Is Draft Telecommunications Bill, 2022 Flawless?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Right to Privacy

Mains level: Cyber security,Right to privacy,Technology

Draft Telecommunications Bill, 2022Context

  • Keeping an eye on the telecommunication regulatory framework Supreme Court issued substantive legal reform on surveillance laws in India. Union government has published the Draft Telecommunications Bill, 2022 to replace the Telegraph Act, 1885.

Background

  • Over two decades ago, allegations of surveillance against politicians led to a CBI inquiry and report against V P Singh’s government. The allegations revealed that imaginary reasons were given for ordering phone tapping without authorization.
  • Last years, many publications reported that phones of several dozen Indian journalists, lawyers and human rights activists had been compromised using an invasive Israeli-developed malware called Pegasus.

Draft Telecommunications Bill, 2022What is Draft Telecommunications Bill, 2022?

  • The draft Indian Telecommunication Bill, 2022 is an attempt by the Department of Telecommunications (DoT) to consolidate various legislations presently governing the telecommunication landscape in India.
  • The Bill seeks to replace three laws, the Indian Telegraph Act, 1885, the Indian Wireless Telegraphy Act, 1933 and the Telegraph Wires (Unlawful Possession) Act, 1950.
  • The new regulatory framework is to bring the law at par with technological advancements and remove obsolete provisions from the colonial era laws.

What are the current laws governing communication surveillance in India?

Communication surveillance in India takes place primarily under two laws:

  • Telegraph Act, 1885: It deals with interception of calls.
  • Call interception:Under Section 5(2) of this law, the government can intercept calls only in certain situations.
  • For sovereignty:They include the interests of the sovereignty and integrity of India, the security of the state, friendly relations with foreign states or public order, or for preventing incitement to the commission of an offense.
  • Free speech restrictions:These are the same restrictions imposed on free speech under Article 19(2) of the Constitution.
  • Exceptions for journalists:A provision in Section 5(2) states that even this lawful interception cannot take place against journalists.
  • Information Technology Act, 2000: It was enacted to deal with surveillance of all electronic communication, following the Supreme Court’s intervention in 1996.
  • Electronic surveillance:Section 69 of the IT Act and the IT (Procedure for Safeguards for Interception, Monitoring, and Decryption of Information) Rules, 2009 were enacted to further the legal framework for electronic surveillance.
  • Data interception:Under the IT Act, all electronic transmission of data can be intercepted.
  • Section 69 of the IT Act adds another aspect that makes it broader — interception, monitoring, and decryption of digital information “for the investigation of an offense”.

Draft Telecommunications Bill, 2022How the loopholes in the current system breaching the Data Privacy?

  • No comprehensive data Protection Law:
  • No comprehensive data protection law leaving ambiguities over several laws.
  • A comprehensive data protection law to address the gaps in existing frameworks for surveillance is yet to enact.
  • Unaccountable, opaque exercise of surveillance:
  • The Telegraph Act contains broad and excessive powers of interception and surveillance of communications carried out through any telegraph.
  • The surveillance power is principally contained under Section 5(2), and has resulted in an unaccountable, opaque and unconstitutional exercise of surveillance that has led to accusations across the political spectrum.
  • Less transparency:
  • Ministry of Home Affairs refuses to disclose even aggregate data on the number of surveillance orders issued by it each year illegally gathered evidence is being sought to prosecute people.
  • For instance, the Bombay High Court about three years ago noted in a case that premier investigating agencies such as the CBI have used, interception orders (that) neither have sanction of law nor issued for legitimate aim.

Draft Telecommunications Bill, 2022Key features of the Draft Telecommunications Bill, 2022

  • Broad Definitions:
  • The Bill introduces a broad definition of ‘telecommunication services’.
  • It now includes internet-based services, in-flight and maritime connectivity, interpersonal communications services, machine to machine communication services, and over-the-top (OTT) based communication services that are made available to users by telecommunication
  • KYC and caller id requirements:
  • The Bill requires licensed entities to ensure that they identify the persons to whom they provide telecommunication services.
  • The Bill places an obligation on telecommunication service providers to do this through a ‘verifiable mode’, as prescribed by the government.
  • Licensing, registration, and authorization:
  • Under the Bill, four types of permissions are identified – license, registration, authorization and assignment.
  • While the Bill does not differentiate between the four types of permissions, it clarifies that a license is only required for providing telecommunication services or operating telecommunication networks
  • Wide ranging powers of Central Government:
  • The Bill includes wide-ranging powers for the central and state governments in the event of a public emergency or in interest of public safety.
  • These powers include taking temporary possession of any telecommunication services, suspension of transmission in cases of public emergency, interception/detainment/disclosure of messages, suspension of communications, or otherwise transmit certain announcements for public safety and national security purposes.
  • User protection and duties: User has been declared as an important policy objective of the Government. It places a duty on users to not furnish false information, suppress material information or impersonate others when proving identity to avail telecommunication services.
  • Offences and penalties: Any offence under the Bill may be punished with a fine, imprisonment, suspension of telecommunication services or a combination of the above. For companies, the employees who were responsible for the conduct or the business relating to the offence at the time the offence was committed will be punished.
  • Dispute resolution mechanism: The Bill provides for the right of appeal before the appellate authority. It also creates an enabling provision for the Central Government to set up an alternate dispute resolution mechanism such as arbitration, mediation or other processes of dispute resolution

What are Concerns over the Draft Telecommunication bill, 2022?

  • Regulatory overlaps:The broad of the definition of ‘telecommunication services’ include OTT communication platforms such as WhatsApp, Telegram, Signal among others, may potentially lead to regulatory or jurisdictional overlaps.
  • Unchecked use of State powers:The Bill gives broad powers to the central government in prescribed situations without any accompanying checks and balances. The Bill empowers the central and state government to intercept messages in the interest of public safety and emergency without the providing clearly defined guardrails for it.
  • Undefined National security: The term, national security is left undefined and does not match constitutional precedent or text which instead uses the phrase,in the interests of the security of state
  • Users Less choice in the privacy and security of their digital footprint:
  • Power to prescribe standards under Clause 23, which may result in regulations as recently issued by the Computer Emergency Response Team (CERT-In) that have resulted in the closure of servers or services by leading, global VPN providers such as Proton and TunnelBear.
  • All of this practically means that users will have less choice in the privacy and security of their digital footprint, as these powers will lead to requirements to locally register and host data, and comply with requirements to identify users (KYC requirements).

Conclusion

  • There should be some reasonable basis or some tangible evidence to initiate or seek approval for interception by State authorities. Any digression from the ethical and legal parameters set by law would be tantamount to a deliberate invasion of citizens.

Mains Question

Q. Any deviation from the moral and legal parameters set by the law would amount to a deliberate attack on citizens. In this context discuss the data privacy of citizens in the era of massive expansion of internet and mobile usage.

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Hunger and Nutrition Issues – GHI, GNI, etc.

Free Breakfast Scheme,Healthy Children: Healthy Nation

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Various Schemes

Mains level: Malnutrition, under-nutrition and micro-nutrition.

Free breakfast schemeContext

  • Under the free breakfast scheme of Tamil Nadu Government, children in government schools from Class I to Class V will get nutritious breakfast provided in their schools every morning. The scheme is aimed at encouraging more children to continue to come to school and help prevent dropouts in primary level.

CM’s Breakfast Scheme

  • The scheme covers around 1.14 lakh students in 1,545 schools which include 417 municipal corporation schools, 163 municipality schools and 728 taluk and village panchayat-level schools.
  • The inauguration of the scheme marks an important milestone in the State’s history of providing free meals to school students.

What is the approach for breakfast scheme?

  • Morning Breakfast: Under the morning breakfast scheme, every student is to be provided a cooked meal of 150-500 grams breakfast with sambar with vegetables. With a budget outlay of Rs33.5 crore in the initial phase, the new scheme caters to 1,14,095 primary school students from1,545 government schools.
  • Micronutrients deficiency: School administration will serve hot breakfasts to schoolchildren by 8:30 am before their classes begin. Students will be served upma, kichadi or Pongal from Monday to Friday, while rava kesari or semiya kesari will be added to the menu on Fridays.The local millets available in the area will also be part of the menu for at least two days a week.
  • Aim of the scheme: The scheme mainly aims to help students attend school hunger free and improve their nutritional status.

Free breakfast schemeWhat do the Critics of the scheme argue?

  • Freebies: The scheme stands at the confluence of three socio-political developments: a fierce but murky political debate on freebies.
  • Mid-day meal scheme: There was no need to supplement the existing mid-day meal scheme. But going by the content of the scheme, it seems unlikely that it will bring any substantial or sustained improvements in the above mentioned aspects of nutrition, especially since T.N. is already doing well in this regard.
  • Populism: This is just a populist scheme by state government for vote bank politics.
  • Questionable outcomes: Though the scheme has the potential to ensure that children attend classes hunger free, reliable and representative data on what proportion of them attend school without having breakfast regularly is scarce. Though the State acknowledges that students tend to skip breakfast because of the school timing and their financial situation, it is important to identify which among these is the significant contributor. The present approach does not distinguish between the two.

What the Defenders of the scheme argue?

  • Positive outcomes: Studies from other countries suggest that free breakfast schemes might help increase educational outcomes through a likely increase in school attendance and improved concentration on studies.
  • On freebies: The freebie debate strategically deploys fiscal burden as a potent tool to possibly constrain States from discharging this responsibility.

Free breakfast schemeWhy feeding children in school is important?

  • Welfare state: The States have a responsibility to promote welfare and minimise inequalities in income as well as in facilities and opportunities among individuals and groups (Article38).
  • Global Food Security Index: The welfare responsibility of the States remains undiminished, especially since India is ranked 71out of 113 countries on the Global Food Security Index.
  • Global Hunger Index: India ranked 101 out of 116countries on the Global Hunger Index.
  • Human development index: 132 out of 191 countries on the Human Development Index. India’s mean years of schooling stood at just 6.7 years in 2020-21.
  • Inequality: Additionally, India has among the highest levels of inequality in education. This responds closely with the rising wealth inequality, as brought out by the recent Credit Suisse report.
  • Stunting and wasting: Malnourishment in children (stunting, wasting and underweight) under 5 years has reduced as per National family health survey-5 (2019-21) from 38.4% to 35.5%, 21.0% to 19.3% and 35.8% to 32.1% respectively as compared to NHFS-4 (2015-16). However present scenario is not good as compare to other developing nations in south Asia.

Free breakfast schemeWhat are the different Existing Scheme?

  • The Midday Meal Scheme: The Midday meal is a school meal programme in India designed to better the nutritional standing of school-age children nationwide.
  • The programme supplies free lunches on working days for children in primary and upper primary classes in government, government aided, local body, Education Guarantee Scheme, and alternate innovative education centres, Madrasa supported under Sarva Shiksha Abhiyan, and National Child Labour Project schools run by the ministry of labour.
  • Serving 120 million children in over 1.27 million schools and Education Guarantee Scheme centres, the Midday Meal Scheme is the largest of its kind in the world.
  • PM-POSHAN: The name of the scheme has been changed to PM-POSHAN (Pradhan Mantri Poshan Shakti Nirman) Scheme, in September 2021, by MoE (Ministry of Education), which is nodal ministry for the scheme.
  • The Central Government also announced that an additional 24 lakh students receiving pre-primary education at government & government-aided schools would also be included under the scheme by 2022.

Conclusion

  • India’s spending in human development enhancing welfare schemes has been very dismal. There is an urgent need for implementing innovative and effective welfare schemes to address the disruptions caused by the pandemic in the education and nutrition sectors and strengthen these sectors.

Mains Question

Q.Malnutrition, under-nutrition and micro-nutrition requires a different approach. Distinguish and suggest the existing policy gaps to address them.

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