Note4Students
From UPSC perspective, the following things are important :
Prelims level: ILO
Mains level: Paper 2- Supporting care economy
Context
The importance of care work is now widely acknowledged and covered in various international commitments such as the SDGs. However, the investment in the care economy has not matched the pace.
Significance of care work
- Care work encompasses direct activities such as feeding a baby or nursing an ill partner, and indirect care activities such as cooking and cleaningâ.
- Whether paid or unpaid, direct or indirect, care work is vital for human well-being and economies.
- Unpaid care work is linked to labour market inequalities, yet it has yet to receive adequate attention in policy formulation.
- Paid care workers, such as domestic workers and anganwadis in India, also struggle to access rights and entitlements as workers.
- Greater investment in care services can create an additional 300 million jobs globally, many of which will be for women.
- In turn this will help increase female labour force participation and advance Sustainable Development Goal (SDG) 8.
- This year, to commemorate International Womenâs Day, the ILO brought out its new report titled, âCare at work: Investing in care leave and services for a more gender-equal world of workâ.
- The report highlights the importance of maternity, paternity, and special care leave, which help balance womenâs and menâs work and family responsibilities throughout their lives.
Gaps in the current policies
- Bridging the gaps in current policies and service provisions to nurture childcare and elderly care services will deliver the benefits of child development, aging in dignity and independent living as the population grows older and also generate more and better employment opportunities, especially for women.
- Maternity leave: Maternity leave is a universal human and labour right.
- Yet, it remains unfulfilled across countries, leaving millions of workers with family responsibilities without adequate protection and support. India fares better than its peers in offering 26 weeks of maternity leave, against the ILOâs standard mandate of 14 weeks that exists in 120 countries.
- However, this coverage extends to only a tiny proportion of women workers in formal employment in India, where 89% of employed women are in informal employment (as given by ILOSTAT, or the ILOâs central portal to labour statistics).
- While paternity leave is recognised as an enabler for both mothers and fathers to better balance work and family responsibilities, it is not provided in many countries, including India.
- Access to quality and affordable care services such as childcare, elderly care and care for people with disabilities is a challenge workers with family responsibilities face globally.
- Limited implementation: While India has a long history of mandating the provision of crèches in factories and establishments, there is limited information on its actual implementation.
- Domestic workers, on whom Indian households are heavily reliant, also face challenges in accessing decent work.
- According to the Governmentâs 2019 estimates, 26 lakh of the 39 lakh domestic workers in India are female.
- Ensure decent work for domestic workers: While important developments have extended formal coverage to domestic workers in India, such as the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act and the minimum wage schedule in many States, more efforts are required to ensure decent work for them.
Way forward
- Increase spending: India spends less than 1% of its GDP on the care economy; increasing this percentage would unfurl a plethora of benefits for workers and the overall economy.
- Strategy: In consultation with employersâ and workersâ organisations and the relevant stakeholders, the Government needs to conceptualise a strategy and action plan for improved care policies, care service provisions and decent working conditions for care workers.
- 5R Framework: The ILO proposes a 5R framework for decent care work centred around achieving gender equality. The framework urges the Recognition, Reduction, and Redistribution of unpaid care work, promotes Rewarding care workers with more and decent work, and enables their Representation in social dialogue and collective bargaining.
Conclusion
A human-centred and inclusive recovery from the COVID-19 pandemic that benefits workers, employers, and the government, requires a more significant investment in and commitment to supporting the care economy, which cares for the society at large.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Dealing with disinformation problem
Context
Social media platforms have adopted design choices that have led to a proliferation and mainstreaming of misinformation while allowing themselves to be weaponised by powerful vested interests for political and commercial benefit.
Problems created by social media and issues with response to it
- The consequent free flow of disinformation, hate and targeted intimidation has led to real-world harm and degradation of democracy in India: Mainstreamed anti-minority hate, polarised communities and sowed confusion have made it difficult to establish a shared foundation of truth.
- Political agenda: Organised misinformation (disinformation) has a political and/or commercial agenda.
- Apolitical and episodic discourse in India: The discourse in India has remained apolitical and episodic â focused on individual pieces of content and events, and generalised outrage against big tech instead of locating it in the larger political context or structural design issues.
- Problematic global discourse: The evolution of the global discourse on misinformation too has allowed itself to get mired in the details of content standards, enforcement, fact-checking, takedowns, de-platforming, etc.
- Moderating misinformation vs. safeguarding freedom of expression: Such framework lends itself to bitter partisan contest over individual pieces of content while allowing platforms to disingenuously conflate the discourse on moderating misinformation with safeguards for freedom of expression.
- The current system of content moderation is more a public relations exercise for platforms than being geared to stop the spread of disinformation.
Framework to combat disinformation
- Consider it as a political problem: The issue is as much about bad actors as individual pieces of content.
- Content distribution and moderation are interventions in the political process.
- Comprehensive transparency law: There is thus a need for a comprehensive transparency law to enforce relevant disclosures by social media platforms.
- Bipartisan political process for content moderation: Content moderation and allied functions such as standard setting, fact-checking and de-platforming must be embedded in the sovereign bipartisan political process if they are to have democratic legitimacy.
- Regulatory body should be grounded in democratic principles: Any regulatory body must be grounded in democratic principles â its own and of platforms.
- Three approaches to distribution that can be adopted by platforms: 1)Â Constrain distribution to organic reach (chronological feed);
- 2) take editorial responsibility for amplified content;
- 3) amplify only credible sources (irrespective of ideological affiliation).
- Review of content creator: The current approach to misinformation that relies on fact-checking a small subset of content in a vast ocean of unreviewed content is inadequate for the task and needs to be supplemented by a review of content creators itself.
Conclusion
Social media cannot be wished away. But its structure and manner of use are choices we must make as a polity after deliberation instead of accepting as them fait accompli or simply being overtaken by developments along the way.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Rights of Persons with Disabilities Act, 2016
Mains level: Paper 2- Reservation for disabled
Context
In a case that the SC is currently hearing, the petitioner has challenged a notification issued by the Department of Empowerment for Persons with Disabilities (Department).
About the notification
- The impugned notification exempts all categories of posts in the Indian Police Service, the Delhi, Andaman and Nicobar Islands, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli Police Service, as well as the Indian Railway Protection Force Service from the mandated 4 per cent reservation for persons with disabilities under the Rights of Persons with Disabilities Act, 2016 [RPwD Act].
Issues with the notification
1] Against combat and non-combat classification
- On the same day as the issuing of the impugned notification, the Department also issued another notification exempting from the purview of reservation under the RPwD Act posts only of âcombatantâ nature in the paramilitary police.
- This classification between combat and non-combat posts was premised on a clear recognition of the fact that persons with disabilities are capable of occupying non-combat posts in the central forces.
- The Department has offered no justification as to why this classification would not hold good as regards the services covered in the impugned notification.
2] Against the identification of posts suitable for reservation for the disabled
- The Ministry of Social Justice and Empowerment had identified a range of ministerial/civilian posts as being suitable for reservation for the disabled.
- The impugned notification goes against this identification exercise, by virtue of its blanket character.
- Further, on November 22, 2021, the Union Ministry of Home Affairs released Draft Accessibility Standards/Guidelines for built infrastructure under its purview (police stations, prisons and disaster mitigation centres) and services associated with them.
- These Draft Standards state that the police staff on civil duty could be persons with disabilities.
3] Exercise of power
- As per the RPwD Act, the grant of any exemption has to be preceded by consultation with the Chief Commissioner for Persons with Disabilities.
- However, the office of the chief commissioner has been lying vacant for many years, with the secretary in the Department officiating in that role.
Conclusion
This case presents the SC with the opportunity to rule that the disabled are not a monolithic entity. Every disabled person is different, and it is unfair to paint all disabled people with the same broad brush, based on a stereotypical understanding of what they can do.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: SWIFT
Mains level: Paper 2- Implications of Ukraine crisis for BRICS
Context
The current crisis in Ukraine will consolidate BRICS as the group will make further efforts to become a real alternative to the West to create a real multipolar world.
 BRICS’ efforts to change world economic system
- The group was brought together by geopolitical rather than economic considerations and this can be seen in the strategic interests shared by Russia and China.
- Inclusion of non-Western states in international financial institutions: BRICS is actively involved in the efforts to change the world economic system by increasing the number of non-Western states in international financial institutes.
- The BRICS countries decided to create the $100 billion BRICS Development Bank and a reserve currency pool worth over another $100 billion to offer an alternative to countries in the non-Western world when it comes to choosing the sources of funding for development or coping with serious economic crises.
Consequences of Ukraine crisis for BRICS
- Â It demonstrates that the West has not abandoned the idea of a unipolar world and will continue building it up by drawing into its foreign policy orbit issues it calls âinternationalâ or even âcommon to mankind.â
- Many non-Western states look at this as a new wave of colonialism.
- This will increase the desire of non-Western countries to enhance their coordination and perhaps the current conflict is already showing signs in this respect.
- The BRICS states are different in many respects and their disagreements with the West are rooted in different historical and political circumstances.
- The current crisis in Ukraine will consolidate BRICS as the group will make further efforts to become a real alternative to the West to create a real multipolar world.
- RIC controls 22 per cent of the global GDP and 16 per cent of global exports of goods and services.
- The fallout from Russiaâs alienation from the G-8 group of nations, raises the prospect that â tactically at least â Russia, India, and China might be playing their own triangular integrationist card within BRICS at Moscowâs initiative.
- Eurasian integrationist core: This will create a north Eurasian integrationist core within BRICS, whichever way Moscowâs relations with the US and Europe play out.
Implications for India
- Both the Asian giants â India and China â may stand to reap the âbest of both worldsâ as the Ukraine imbroglio plays out.
- Investment: This could mean greater industrial and energy cross investments between Russia and India as well as between Russia and China.
- Additionally, the proposed arrangement for rupee-ruble cross currency pairing could result in settlement of payments in non-dollar currencies with more countries looking at Indiaâs sovereign Financial Messaging Systems (SFMS), while also remaining connected with a central system like SWIFT.
- Dedicated payment mechanism: This should also anchor Indiaâs quest to build a dedicated payment mechanism for energy-related payments and settlements as a long-haul measure.
- This could change the contours of the global payments landscape and benefit the rupee immensely.
Spotlight on India
- As the war progresses, New Delhi has been receiving a stream of high-profile visitors from around the world.
- This has included delegations from the US, Australia and Japan, Indiaâs partners in the Quad.
- The foreign minister of Greece has also been to India and the Israeli prime minister is scheduled to visit soon.
- Even traditional rival China is making overtures to India at this time, with Foreign Minister Wang Yiâs visit.
- Another suitor is Russia, which is now also becoming a supplier of discounted crude oil to India as Moscow recoils from sanctions enforced by western consumers of its natural gas.
Conclusion
New Delhi is basking in its well-deserved spotlight with well-crafted diplomacy. India could be looking at a new dawn.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: UN Human Right Council
Mains level: Paper 2- Crisis in Sri Lanka and contradictions in its polity
Context
Sri Lankaâs ruling Rajapaksa family is facing mounting public anger, calls for resignations and political defections amidst the islandâs worst economic crisis in its post-independence history.
Reasons for the crisis
- 1] Overnight switch to organic farming and import ban on fertiliser: There was the decision to ban fertiliser imports and switch overnight to organic farming.
- The decision was reversed after sustained farmer protests but not before damage had already been done to crop yields.
- 2] Then, precious foreign exchange was wasted in propping up the rupee while imposing controls on key imports that led to shortages and price rise.
- 3] For several months, as the crisis deepened with rolling power-cuts and shortages of essentials, the government refused to seek IMF assistance.
- It has now relented on the IMF, but Sri Lankaâs economic distress has been prolonged and deepened by this indecision.
Contradictions in the Sri Lanka’s politics
- While the immediate causes of popular anger are explicable, the crisis also reveals a more enduring contradiction at the foundation of Sri Lankaâs politics.
- Sinhala nationalist-inspired policies: What this crisis shows is that Sinhala nationalist-inspired policies are no longer financially or politically viable.
- Hardline approach toward Tamils: The Rajapaksas first rode to power in September 2005 on the wave of Sinhala nationalist antipathy against the then-ongoing Norwegian-mediated peace process with the LTTE.
- Upon his election as president, Mahinda expanded the military and launched a full-frontal military offensive that ended with the LTTEâs total defeat and destruction in May 2009.
- After the war, instead of seeking a political settlement with the Tamils, Mahinda Rajapaksa unrolled a de-facto militarised siege of the Tamil-speaking areas and population.
- Assertive foreign policy: The hardline approach to the Tamils and their demands was also linked to a new, more assertive foreign policy.
- Â The government turned away the long-established pattern of alignments with Western states and India.
- Mistrust of India: There is a long-standing mistrust of India amongst Sinhala Buddhist nationalists who see it as the source of historic Tamil invasions.
- Â The Rajapaksas translated this sentiment into policy, pushing back against Indian attempts to forge closer economic ties and a constitutional settlement of the Tamil question.
- Ties with China: In place of these ties, the Rajapaksas ostentatiously set out to forge new alliances, principally with China.
- The Rajapaksas also bet on a new geo-political optimism.
- They believed that with Chinaâs rise, Sri Lankaâs location on east-west trade lanes would become a prized asset.
- They were confident that in the global competition for power triggered by Chinaâs rise, international actors would be compelled to seek Sri Lankaâs favour for fear of âlosingâ it to the other side.
- With this geo-political calculus in mind, they assuredly rebuffed Western and Indian demands.
- None of the great powers who were supposed to be competing for Sri Lankaâs favour have stepped up to offer a bailout, although the sums are quite small by global standards.
- The bid for total sovereign autonomy has crash-landed and yet the alternatives are also politically difficult.
More leverage to international actors
- The irony of Sri Lankaâs push for total sovereign autonomy is that it has given international actors more leverage than they had before.
- Going to the IMF will require concessions on human rights and good governance to secure preferential access to European markets.
- At the same time, Indian bilateral assistance has conditionalities on clearing controversial investments.
Way forward
- Push non-reversible changes: International actors who really want to help Sri Lanka should use this leverage to push for tangible and non-reversible changes in the treatment of Tamils and Muslims whatever leadership emerges in Colombo.
- Eemilitarisation and normalisation of relations with the Tamils and Muslims: The crisis can serve as a reality check for the Sinhala nationalist leadership and electorate. The model of economic and political governance they have pursued is unsustainable, and the alternatives must be faced.
- The most pressing of these is the demilitarisation and normalisation of relations with the Tamils and Muslims.
- Sinhala political attention can perhaps then be turned to the other pressing failures of governance that have brought Sri Lanka to this state.
Conclusion
The Rajapaksas may be the principal protagonists of this crisis but the underlying script they have followed is a Sinhala Buddhist one and until Sri Lanka finds a new script it cannot find peace or stability.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: BIMSTEC
Mains level: Paper 2- Key takeaways from BIMSTEC Summit
Context
The celebrations to mark the 25th year of the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC) have been accompanied by the announcement of several new initiatives.
Important outcome of BIMSTEC Summit
The summit had several important outcomes:Â Expanding the groupingâs agenda, deepening cooperation between the member countries and planning systematically for consistency and coherence.
1] Finalisation of charter
- The Bay of Bengal Community was launched in 1997. But its charter, finalised last week, was more than two decades in the making.
- The 20-page document adopted at the fifth BIMSTEC Summit articulates the purpose, principles and legal standing of the organisation.
- It also delineates the process to admit new members â this requires the consensus of the members.
- Â The emphasis on consensus is important, given the sensitivities of the member countries.
- One important provision in the charter is to keep regular meetings on track and provide enough scope to the BIMSTEC Permanent Working Committee to keep the process energised.
2] Development on connectivity issues
- Amongst the important decisions is the one related to the BIMSTEC Master Plan for Transport Connectivity.
- The region requires seamless connectivity through multi-modal channels that improve links within and amongst the member countries.
- These channels should be in sync with the regulatory frameworks of the member countries.
- There are proposals to extend the trilateral highway project between Thailand, Myanmar and India to Laos and Cambodia. Bangladesh, Bhutan and Nepal have also evinced interest in the project.
- Digitisation has enhanced cooperation in customs regulations and facilitated and improved cargo clearance procedures. All this will surely enhance investment linkages and improve regional trade.
3] AÂ systemic approach to streamline the evolution of BIMSTEC.
- Establishing an Eminent Personsâ Group (EPG) for formulating a vision document for the region will help in articulating the aspirations of the collective.
- EPGs have been quite useful in the EU and ASEAN.
- For instance, the ASEAN-India Eminent Persons Group (AIEPG) was constituted in 2005 after the Eighth ASEAN-India Summit.
- Its recommendations still guide the groupingâs work.
- In 2011, the EU constituted an EPGÂ to suggest a roadmap to address the challenges arising from the resurgence of intolerance and discrimination in Europe.
4] MoU for legal assistance and mutual cooperation
- The MoU for legal assistance in criminal matters and additional MoUs for mutual cooperation between diplomatic academics and training institutes would help in creating an ecosystem of deeper knowledge-related cooperation.
- The technology transfer facility proposed in Colombo is likely to augment these efforts.
India’s leading role
- India has promised $1 million to set up a Secretariat in Dhaka.
- India has identified several other areas where it will support the collective.
- Delhi will provide a $3 million grant to the BIMSTEC Centre for Weather and Climate, promote collaboration between industries and start-ups, and launch programmes that will help in the adoption of international standards and norms.
- Agricultural trade analysis: Delhi has also suggested a regional value chain based agricultural trade analysis â this will be conducted by the RIS.
- The Asian Development Bank and the New Delhi-based ICRIER have stewarded awareness programmes on trade facilitating measures in the member countries.
- Support to Sri Lanka and Nepal: The pandemic has created fresh challenges and aggravated old ones in the countries of the region, particularly Sri Lanka and Nepal.
- Indiaâs support to these countries, especially in financial matters, could help in reducing undesirable external intervention in the region.
Way forward
- Need for FTA: The early completion of the regional free trade agreement could provide a fillip to the organisationâs efforts.
- Promote research on cultural and civilisation linkages: Besides economic links, the Bay of Bengal countries share a cultural and civilisational legacy.
- The role of institutions like Nalanda University in promoting research on cultural and civilisational linkages and improving the adoption of sustainable practices would be equally significant.
Conclusion
The collectiveâs fifth summit that concluded in Colombo showcased member nationsâ resolve to facilitate connectivity and security and enhance the prosperity of the region.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: LAF corridor
Mains level: Paper 3- Monetary policy normalisation
Context
The Monetary Policy Committee (MPC) of the Reserve Bank of India (RBI) on Friday gave a surprise, with a formal start to policy normalisation. This was contrary to the predominant market expectations of a hold.
RBI on the path of policy normalisation
- Focus on target of 4% +/- 2%: While the MPC voted unanimously to remain accommodative, in a change of language, the focus would now be on âwithdrawal of accommodation to ensure that (CPI) inflation remains within the target (of 4 per cent +/- 2 per cent) going forwardâ.
- Â Remember, the RBI had become a (flexible) inflation-targeting central bank since FY17, whose primary objective is price stability, that is, inflation management.
- The Liquidity Adjustment Facility (LAF) corridor was narrowed back to the conventional 0.25 percentage points from the earlier extraordinary pandemic widening in late March 2020.
- The cap of the erstwhile corridor was the repo rate and the floor was the reverse repo.
- Now, while the repo rate was held at 4.0 per cent and the latter at 3.35 per cent, the floor of the corridor was increased by 0.4 percentage points from 3.35 per cent.
- There was also a change in the monetary policy orientation, of which the stance is one component.
- The priority for monetary policy now is inflation, growth and financial stability, in that order.
Reasons for unexpected tightening of policy
- Inflation concerns: Despite uncertainty over growth impulses and demand concentrated at the upper-income level households, inflation has increasingly emerged as a big concern.
- Â Given that inflation is likely to average 6.1 per cent in Q4 of FY22, this increases the risk of inflation remaining above the 6 per cent upper target for three consecutive quarters, necessitating an explanation to the government by the MPC.
- One comforting aspect of this scenario is that household inflation expectations remain anchored, with the median of three months to one year ahead expectations (as of March â22) rising by only 0.1 percentage points from the earlier January readings.
- Stabilisation of demand: On demand conditions, the RBI scaled-down the FY23 real GDP growth projection to 7.2 per cent (from 7.8 per cent), indicating that a combination of continuing supply dislocations, slowing global economy and trade, high prices and financial markets volatility are likely to take a toll.
- One possible reconciliation with modest GDP growth is continuing weakness in services, which is also borne out by channel checks.
- Certainly, continuing high inflation is likely to lead to some demand destruction, which will act as an automatic stabiliser.
- A relatively loose fiscal policy is likely to offset some of this reduced demand, particularly with continuing subsidies to lower-income households.
- Financial stability: This has multiple dimensions â interest and foreign exchange rates, market volatility, banking sector asset stress, and so on.
- An important objective for the RBI is the management of money supply and system liquidity.
- In a rising rate cycle, with a large borrowing programme of the Centre and state governments, interest rates on sovereign bonds are likely to increase without a measure of support from the RBI through Open Market Operations (OMOs).
- This will entail injecting more liquidity into an already large surplus, which might add to inflationary pressures.
- The introduction of the overnight Standing Deposit Facility (SDF) was a significant measure in this context.
- Unlike the reverse repo facility, the RBI will not need to give banks government bonds as collateral against the funds they deposit.
- This is thus a more flexible instrument should a shortage of government bonds in RBI holdings actually transpire under some eventuality, say the need to absorb large capital inflows post a bond index inclusion.
What are the implications?
- Interest rates will begin to increase but, for bank borrowers, this is likely to be a very gradual process.
- For corporates and other wholesale borrowers, who also borrow from bond markets, this increase is likely to be faster as the surplus system liquidity is gradually drained.
- How this is likely to affect demand for credit is uncertain, given the capex push of the government, some revival of private sector investment and likely continuing demand for housing.
Conclusion
This cycle of policy tightening will present a particularly difficult mix of economic and financial trade-offs, but RBI has demonstrated the ability to innovatively use the multiple instruments at its disposal to ensure an orderly transition.
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Back2Basics: Liquidity Adjustment Facility corridor
- Liquidity adjustment facility (LAF) is a monetary policy tool which allows banks to borrow money through repurchase agreements or repos.
- LAF is used to aid banks in adjusting the day to day mismatches in liquidity (frictional liquidity deficit/surplus).
- The liquidity adjustment facility corridor is the excess of repo rate over reverse repo.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 20
Mains level: Paper 2- Right against self-incrimination
Context
The Bill proposes to collect âmeasurementsâ of convicted persons, those who are arrested (or detained under preventive detention laws) or those who have executed bonds promising good behaviour.
Dilution of right against self-incrimination
- The Constitution, under Article 20(3), protects an accused from being compelled to give witness against himself.
- This fundamental right has been diluted over the years.
- In 2005, the Code of Criminal Procedure (CrPC) was amended to allow a magistrate to order any person to give their handwriting samples for the purpose of an investigation or proceeding.
- In 2019, the Supreme Court, in Ritesh Sinha v. State of UP, held that such handwriting samples could include voice samples.
- It relied upon its judgment in the Kathi Kalu Oghad case (1962) that held that giving palm impressions or footprints could not be called self-incriminatory because impressions were unchangeable, except in rare casesâ.
- Instead, it held that the Constitution bars the compulsory extraction of a statement â oral or written â from the accused, âwhich makes the case against the accused person at least probable, considered by itselfâ.
Provisions in the Bill
- While the databasing of convicted persons is not new, the new piece of legislation allows for taking information, including finger-impressions, palm-print impressions, footprint impressions, photographs, iris and retina scan, physical, biological samples and their analysis, behavioural attributes including signatures, handwriting or any other examination referred to in Sections 53, 53A of the CrPC.
- It also mandates the National Crime Records Bureau to store, preserve and destroy the record of measurements at the national level as well as process and share them with any law enforcement agency.
Issues with the Bill
- Right against self-incrimination is unlikely to apply to technologies in use today.
- Wide scope of under new technologies: The logic that was used in 1962 to interpret what would violate the right against self-incrimination is unlikely to apply to technologies in use today.
- The Bill is vaguely worded and the nature of the processing, sharing, and dissemination of data it entails will most certainly involve the use of new and emerging technologies.Â
- Â Their application to policing and the criminal justice system has new implications for the right against self-incrimination.
- The compulsory submission of such information could have chilling effects after being subjected to new technologies â in other words, the past of an accused person might be enough to incriminate him.
- Possibility of coercive data collection: The Bill proposes to collect âmeasurementsâ of convicted persons, those who are arrested (or detained under preventive detention laws) or those who have executed bonds promising good behaviour.
- Only those arrested for petty offences that are punishable with less than seven years may not be obliged to allow the recording of measurements.
- This rings a warning bell about coercive data collection, especially when seen in the light of the practices used to police oppressed communities.
- For instance, under the Criminal Tribes Act, 1871, many nomadic and semi-nomadic communities were labelled hereditary criminals.
- Â Despite the Act being repealed in 1952, these denotified tribal (âVimuktaâ) communities continue to be treated as criminals by birth through the âHabitual Offendersâ provisions in state-level police regulations that allow local police stations to keep records of such persons residing in their area.
- It condemns a section of the countryâs population to several cycles of arrest, bail, and acquittal.
- The new piece of legislation could make the practice of history-sheeting, undertaken when a person is merely alleged of a crime, and not convicted, even more coercive.
- Long storage period and no clear process for destroying information: the âmeasurementsâ are to be stored at the national level for 75 years, with no clear procedure outlined for destroying the information.
Conclusion
The right against self-incrimination is at the heart of protection against police excess and torture. Record-keeping as mandated by the Bill violates this right. Parliament must make laws that protect against such blatant attacks on fundamental rights and freedoms, rather than enable them.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Challenges facing CBI
Context
The Chief Justice of India (CJI), Justice N.V. Ramana, while delivering the annual (and the 19th edition) D.P. Kohli Memorial Talk minced no words in condemning the utter subordination of agencies to the executive and its disastrous consequences for the cause of justice.
Key takeaways
- Resisting the pressure: The CJI called upon investigators to stand up to unethical pressures in order not to betray the trust reposed in them by the public.
- Strong court: We need a strong Supreme Court and equally strong High Courts to keep our investigators on the straight and narrow path.
- Â Fixed tenure: Earlier, CBI Directors were changed at will.
- Â Mandatory tenure was meant to insulate the CBI Director from the caprice of the executive.
- This process has since been expanded to include the CJI in the selection panel.
- Strong leadership: The CBI now has some of the brightest Indian Police Service officers in its higher echelons.
- However, it is not enough if the middle-rung supervisors alone are straightforward.
Should there be an umbrella organisation?
- The CJI had proposed an umbrella organisation that will oversee all investigating agencies.
- This idea was meant to avoid having multiple agencies looking into the same set of allegations.
- Apart from its impracticality, such a novel body could generate its own problems â of turf wars and ego clashes.
Way forward
- There is a need to focus on weeding out the dishonest among officers and rewarding those who have shown and proven themselves to be honest and professionally innovative.
Conclusion
There needs to be a strong and virtuous leader who will not only be honest but also stick his neck out to protect his deputies if and when confronted by an unscrupulous political heavyweight.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Millennium Challenge Corporation (MCC)
Mains level: Paper 2-India-Nepal relation
Context
The Nepal Prime Minister, Sher Bahadur Deuba, paid a long-awaited visit to India last week (April 1-3). Sworn in in July 2021, this was his first bilateral visit abroad, in keeping with tradition.
Positive outcomes of the visit
- Among the highlights was the operationalisation of the 35 kilometre cross-border rail link from Jayanagar (Bihar) to Kurtha (Nepal).Â
- The second project that was inaugurated was the 90 km long 132 kV double circuit transmission line connecting Tila (Solukhumbu) to Mirchaiya (Siraha) close to the Indian border.
- In addition, agreements providing technical cooperation in the railway sector, Nepalâs induction into the International Solar Alliance, and between Indian Oil Corporation and Nepal Oil Corporation on ensuring regular supplies of petroleum products were also signed.
- The Mahakali Treaty covers the Sarada and Tanakpur barrages as well as the 6,700 MW (approximately) Pancheshwar Multipurpose project.
- Both sides have agreed to push for an early finalisation of the detailed project report.
- The joint vision statement on power sector cooperation recognises the opportunities for joint development power generation projects together with cross border transmission linkages and coordination between the national grids; it can provide the momentum.
Issues in India-Nepal relations
- Over the years, a number of differences have emerged between India and Nepal that need attention.
- The relationship took a nosedive in 2015, with India first getting blamed for interfering in the Constitution drafting process and then for an âunofficial blockadeâ that generated widespread resentment against India.
- Revision of Treaty of Peace and Friendship: As one of the oldest bonds, the 1950 Treaty of Peace and Friendship was originally sought by the Nepali authorities in 1949 to continue the special links they had with British India.
- It provides for an open border and for Nepali nationals to have the right to work in India.
- But today, it is viewed as a sign of an unequal relationship, and an Indian imposition.
- The idea of revising and updating it has found mention in Joint Statements since the mid-1990s.
- Demonetisation is another irritant. In November 2016, India withdrew âš15.44 trillion of high value (âš1,000 and âš500) currency notes. Many Nepali nationals who were legally entitled to hold âš25,000 of
- Indian currency (given that the Nepali rupee is pegged to the Indian rupee) were left high and dry.
- The Nepal Rashtra Bank, which is the central bank, holds âš7 crore and estimates of public holdings are âš500 crore.
- After more than five years, it should certainly be possible to resolve this to mutual satisfaction.
- Kalapani boundary issue: These boundaries had been fixed in 1816 by the British, and India inherited the areas over which the British had exercised territorial control in 1947.
- While 98% of the India-Nepal boundary was demarcated, two areas, Susta and Kalapani remained in limbo.
- In November 2019, India issued new maps following the division of the State of Jammu and Kashmir as Union Territories, Jammu and Kashmir and Ladakh.
- Though the new Indian map did not affect the India-Nepal boundary in any material way, a new map of Nepal was endorsed by the legislature through a constitutional amendment.
- While it did not alter the situation on the ground, it soured relations with India and added a new and emotive irritant.
Way forward
- The political narrative has changed in both countries and these issues can no longer be swept under the carpet or subsumed by invoking a âspecial relationshipâ.
- Part of the success of Mr. Deubaâs visit was that none of the differences was allowed to dominate the visit.
- Yet, to build upon the positive mood, it is necessary these issues be discussed, behind closed doors and at Track 2 and Track 1.5 channels.
Conclusion
The need today is to avoid rhetoric on territorial nationalism and lay the groundwork for quiet dialogue where both sides display sensitivity as they explore what is feasible. India needs to be a sensitive and generous partner for the âneighbourhood firstâ policy to take root.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 3- Demand-side strategies to tackle climate change
Context
A paradigm shift in the way we think about climate action has been reported for the first time in the recent IPCC report through a chapter on âdemand, services and social aspects of mitigationâ.
Demand side strategies and their impact
- The report shows how, through comprehensive demand-side strategies, carbon dioxide and non-carbon GHG emissions globally can be reduced by 40â70 per cent compared to the 2050 emissions projection.
- This can be achieved through reduced food waste, following sustainable healthy dietary choices that acknowledge nutritional needs, adaptive heating and cooling, climate-friendly dressing culture, integration of renewable energy in buildings, shifting to electric light-duty vehicles, and to walking, cycling, shared and public transit, sustainable consumption by intensive use of longer-lived repairable products, compact city design and efficient floor area use of buildings.
- The IPCC report also shows that individuals with high socioeconomic status contribute disproportionately to emissions and have the highest potential for emissions reductions, as citizens, investors, consumers, role models, and professionals.
- Of the 60 actions assessed in this report, on an individual level, the biggest contribution comes from walking and cycling wherever possible and using electricity-powered transport.
Need for systemic changes
- To be effective, these shifts will need to be supported by systemic changes in some areas â for example, land use and urban planning policies to avoid urban sprawl, support for green spaces, reallocation of street spaces for walking and physical exercise, investment in public transport and infrastructure design for active and electric vehicles.
- Electrification and shifts to public transport also bring benefits in terms of enhancing health, employment, and equality.
- By providing user-level access to more efficient energy conversion technologies, the need for primary energy can be reduced by 45 per cent by 2050, compared to 2020.
- Demand-side changes cannot deliver the net-zero goal on their own.
- But this requires investment in and transformation across every sector, along with policies and incentives that encourage people to make low-carbon choices in all aspects of their lives.
- There is huge untapped potential in the near term through changes across transport, industry, buildings, and food that will take away the supply-side uncertainties and make it easier for people to lead low-carbon lifestyles and, at the same time, improve well-being.
Conclusion
The latest IPCC report puts people and their well-being at the centre of climate change mitigation. The messages are from a global perspective but have relevance to the national context of every country.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 27
Mains level: Paper 2- Secularism in India
Context
The High Court of Karnataka has not been able to settle the hijab issue. The petition has been filed in the apex court by a Muslim student against the high court judgement.
Political and Constitutional dimensions of the issue
- The issue of the hijab is political as well as constitutional.
- The top court will examine the constitutional aspect and its judgment will hopefully settle the issue.
- But the political dimension of the hijab issue will continue to trouble Indian society for a long time.
- The Indian Constitution provides for freedom of religion and conscience on the one hand and secularism for the governance of the country on the other.
Understanding the freedom of religion under Indian Constitution
- Under the Indian Constitution, there is a separation of religion from the state as in Europe.
- The essence of Indiaâs secularism is that the state has no religion.
- This is clear from Articles 27 and 28 of the Constitution.
- Article 27 says that no tax can be levied for promoting any particular religion.
- In other words, no public revenue is permitted to be spent in favour of any particular religion.Â
- Article 28 says that no religious instruction shall be given in any educational institutions wholly maintained out of state funds.
- The same Article says that no educational institution recognised or aided by the state shall compel any person to attend religious classes or worship therein.
- Article 25(2)(a) empowers the state to regulate secular activities associated with religious practice.
- Article 15 prohibits any kind of discrimination on the ground of religion.
- Freedom of religion is subject to other fundamental rights: Above all, freedom of religion is made subject to other fundamental rights, apart from the reasonable restrictions on the grounds of public order, morality and health.
- Thus, the freedom of religion under the Constitution does not enjoy the same status as other secular rights such as equality before law, non-discrimination, right to life and liberty, etc.
Why India needs to be secular
- Theocracy will ensure the disintegration of the country.
- 1] India is a multi-religious country where the largest minority is around 200 million.
- The Government of India had notified as many as six minority religions in the country.
- So, a theocratic state with the majority religion as the state religion is an unworkable proposition.
- 2] Complex structure: Another crucial factor which makes a theocratic state impossible in India is the complex, inegalitarian, hierarchical and oppressive social structure of the majority religion.
- 3] There would be no equality: Since a theocratic state based on the religious texts, in the Indian context, would mean a state which would deny equality before law and equal protection of law to the subaltern class and discriminate against them on the basis of caste, it will be inherently unstable.
- This may lead to perennial conflicts and the eventual disintegration of society.
- Therefore, we reach the inevitable conclusion that India, as a nation, can survive only as a secular state where the state has no religion and does not promote any religion.
Conclusion
Secularism was chosen as the foundational principle of the republic to keep the nation united. Enlightened citizens should realise that if secularism is jettisoned, the hard-won national unity will be in peril. It is the patriotic duty of every citizen to strengthen secularism and thus save the republic.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Grey hydrogen and green hydrogen
Mains level: Paper 3- Green hydrogen
Context
The ongoing tensions between Russia and Ukraine have led to the prices of crude oil shooting to $130/barrel. Green hydrogen is an emerging option that will help reduce Indiaâs vulnerability to such price shocks.
Four deficiencies in Renewable Energy Technologies
- 1] Intermittent nature of RE: RE can only be generated intermittently.
- Battery technology cannot store electricity at a grid scale.
- 2] Financial viability: There are question marks on the financial viability of green power.
- In India, renewable electricity is a replacement for coal-based power, the cheapest form of energy.
- Thatâs a big constraint on its viability.
- Moreover, the customers of this power â the state distribution companies â are collectively insolvent.
- A business cannot prosper if its primary customers are not financially viable.
- 3] Batteries are not suitable for heavy trucks: While electric cars and two-wheelers get a lot of visibility, much of Indiaâs oil is burnt in heavy trucks.
- Lithium batteries are not viable for trucks.
- 4] Critical minerals: Electric vehicles require large quantities of lithium and cobalt that India lacks.
- These minerals also have very concentrated supply chains that are vulnerable to disruptions.
- Large-scale investments in electric vehicles may create unsustainable dependencies for the country.
Is green hydrogen a solution?
- Intermittent hydrogen in the energy mix can help circumvent some of these problems.
- Hydrogen is an important industrial gas and is used on a large scale in petroleum refining, steel, and fertiliser production.
- As of now, the hydrogen used in these industries is grey hydrogen, produced from natural gas.
- Green hydrogen produced using renewable energy can be blended with grey hydrogen.
- This will allow the creation of a substantial green hydrogen production capacity, without the risk that it may become a stranded asset.
- Creating this hydrogen capacity will provide experience in handling the gas at a large scale and the challenges involved.
- Blending with CNG: To widen the use of green hydrogen, it can be blended with compressed natural gas (CNG), widely used as a fuel for vehicles in Delhi, Mumbai and some other cities.
- This will partly offset the need for imported natural gas and also help flag off the challenges of creating and distributing hydrogen at a national level.
- By bringing down the price of green hydrogen sufficiently, India can help unlock some stranded assets.
- The country has close to 25,000 megawatts of gas-fired power generation capacity that operates at a very low-capacity utilisation level. The high price of natural gas reduces the viability of such electricity.
- These plants could use hydrogen blended with natural gas. Hydrogen should, however, be used to generate electricity after it has served its utility in other avenue.
Way forward
- To catalyse a hydrogen economy, India needs some specialist players to execute projects as well as finance them.
- Participation of private players: Apart from government-backed players, the hydrogen economy will need private sector participation.
- Indiaâs start-up sector, with over 75 unicorns, is perhaps the most vibrant part of the countryâs economy currently.
- This ecosystem has been enabled by a mix of factors, including the presence of entrepreneurs with ideas and investors who are willing to back up these ideas
- Creation of refueling network: One challenge of using new transport fuels, whether CNG or electric vehicles, is the creation of large-scale refuelling networks.
- Bringing hydrogen vehicles on the road too soon will require the creation of yet another set of infrastructure.
- Building fleets of hydrogen-fueled vehicles for gated infrastructure can be a good starting point.
- Airports, ports and warehouses, for instance, use a large number of vehicles such as forklifts, cranes, trucks, tractors and passenger vehicles.
Conclusion
The governmentâs Green Hydrogen Policy sends the right signals about its intent. It now needs to ensure that investment can freely come into this space.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: One Nation One Ration Card project
Mains level: Paper 2- Policy for migrant labourers
Context
Repeated surveys have found that the incomes of migrant households continue to be lower than pre-pandemic levels, even after returning to cities.
Lack of policy for migrants
- In the wake of a nationwide lockdown, India was left shocked by the plight of migrant workers walking hundreds of kilometres.
- They became the focus of large-scale relief efforts by governments and civil society alike.
- The Government ramped up the One Nation One Ration Card (ONORC) project, announced the Affordable Rental Housing Complexes (ARHC) scheme, set up the e-Shram portal and began to draft a migration policy.
- Â Despite this, a cohesive migration policy guidance remains elusive.
- Contribution of migrant workers: Today, a third of the nationâs workforce is mobile.
- Migrants fuel critical sectors such as manufacturing, construction, hospitality, logistics and commercial agriculture.
- Despite clear economic and humanitarian reasoning to bring migrants back into the policy discourse, the current policy scenario is at best fragmented and at worst waning.
Structural constraints
1] Politicisation of issue and fragmented policy response
- Â Migration is a highly politicised phenomenon in India.
- âDestination Statesâ experience a tension between economic needs, which require migrant labour, and political needs, which promote nativist policies that impose domicile restrictions on employment and social security.
- On the flip side, the âsending Statesâ are highly motivated to serve their âown peopleâ because they vote in their source villages.
- This fragmented policy response to internal migration follows from State-specific calculations.
- Development policy in India has bet big on rural development as an antidote to migration.
- This widespread âsedentary biasâ continues to influence policy even though migration is an important pathway for impoverished marginalised rural households to find economic security (and social emancipation).
2] Categorisation challenge
- Migrants are a perennially fuzzy category in policy discourse, located inside two larger categories: the unorganised worker and the urban poor.
- Even the e-Shram portal, which has made impressive progress in registering unorganised workers, has been unable to accurately distinguish and target migrants.
- Policy interventions in major urban destinations continue to conflate the urban poor with low-income migrants.
- Hence, slum development continues as the primary medium for alleviating migrant concerns, while in reality, most migrants live on worksites that are entirely out of the policy gaze.
3] Gaps in the data
- Migration policy discourse is seemingly paralysed by the now well-acknowledged failure of official datasets to capture the actual scale and the frequency of internal migration in India.
- Â Data systems designed to periodically record only one spatial location have posed great challenges to welfare delivery for up to 500 million people who are part of multi-locational migrant households.
- The novel coronavirus pandemic has placed a sharp focus on problems such as educating and vaccinating those children who accompany their migrant parents, or ensuring that migrant women avail maternity benefits at multiple locations.
Way forward: Strategic policy guidance by Centre and a platform for inter-State coordination
- Policy in India often emerges from the ground up, taking decades to cement into national law and standard practice.
- We have seen this in education and food security.
- State’s initiatives: In migration too, many States have initiated data projects that can track migrants and generate dynamic real-time data that aid welfare delivery.
- Maharashtraâs Migration Tracking System (MTS), Chhattisgarhâs State Migrant Workers Policy is premised on registering migrant workers at source and tracking them through phone-based outreach systems.
- Multisectoral approach: There is further need for multisectoral approaches underpinned by a strategic convergence across government departments and initiatives.
- Odishaâs Planning and Convergence Department, which offers an institutional mechanism for inter-departmental coordination, is one possible model.
- Important role of the Centre: Â State-level political economy constraints make the Centreâs role particularly crucial in addressing issues of inter-State migrant workers at âdestination Statesâ.
- The NITI Aayogâs Draft Policy on Migrant Workers is a positive step forward.
Conclusion
Strategic initiatives to provide migrants safety nets regardless of location as well as bolster their ability to migrate safely and affordably must keep up the momentum toward migrant-supportive policy.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Right to equality
Mains level: Paper 2- Marital rape exception issue
Context
Justice M. Nagaprasanna of the Karnataka High Court on March 23, 2022, in the case of Hrishikesh Sahoo vs State of Karnataka, pronounced the end of the marital rape exception.
Background of the case
- This judgment was a result of a unique case where a woman had filed a criminal complaint of rape against her husband due to the repeated acts of sexual assault she had to face.
- Marital rape exception to Section 375: The police registered her complaint under Section 376 notwithstanding the marital rape exception, a charge sheet was filed and the Sessions Judge took cognisance and framed charges under Section 376.
- This led to the husband approaching the High Court seeking to quash the criminal proceedings.
- In a nuanced and far-reaching judgment, Justice Nagaprasanna refused to quash the charge of rape against the husband.
Violation of rights of woman
- Violation of the right to equality: Justice Nagaprasanna held that if a man, being a husband is exempted for his acts of sexual assault, it would destroy womenâs right to equality, which is the very soul of the Constitution.
- Discrimination: He held that the Constitution recognises and grants equal status to women, but the exception to marital rape in the IPC amounts to discrimination because a wife is treated as subordinate to the husband.
- The Constitution considers marriage as an association of equals and does not in any sense depict women to be subordinate to men and guarantees women the fundamental rights under Articles 14, 15, 19 and 21 the right to live with dignity, personal liberty, bodily integrity, sexual autonomy, right to reproductive choices, right to privacy, right to freedom of speech and expression.
- n Independent Thought vs Union of India (2017), the Supreme Court of India diluted it and removed the exception to marital rape to a wife not below 15 years and made it 18 years.
Historical roots of the principle of exception
- The exception to marital rape in common law was due to the dictum by Chief Justice Matthew Hale of Britain in 1736 where he argued that by marriage, a woman gave up her body to the husband and was accepted as an enduring principle of common law, due to which a husband could not be guilty of raping his wife.
- This was therefore translated into criminal codes, including the Indian Penal Code which India adopted.
- This principle has now been completely abolished.
- In the United Kingdom, in 1991, the exception to marital rape was done away with in the case of R. vs R. The House of Lords held that where the common law rule no longer represents what is the true position of a wife in present-day society.
- The court held that a husbandâs immunity as expounded by Chief Justice Matthew Hale no longer exists.
Conclusion
The Karnataka High Court, by holding that the exception to marital rape in Section 375 is regressive and in violation of the constitutional guarantee of equality, has now truly pronounced the death knell of the marital rape exception.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: COP26
Mains level: Paper 3- Power generation tariff issue
Context
We need to shift to a two-part tariff for solar and wind to incentivise private investments.
Background of power generation tariff in India
- The two-part tariff has been in vogue since 1992.
- It applies to thermal and hydro generation.
- 1] Fixed component: The first part is a fixed component â the cost that a generator incurs.
- This is not linked to the amount of power generated.
- 2] Variable component: The second part varies with the quantum of generation.
- It does not apply to renewable generation â solar, wind, and also nuclear.
- Under the two-part formula, the variable cost is calculated on the basis prescribed by the regulatory commissions.
- This is based on the cost of fuel â coal or gas or lignite â as the case may be.
- The fixed cost is also determined by regulatory commissions and it has a graded payment system depending on the extent to which the plant would be in a position to generate.
- The point here is that when a generator is in a position to generate, it gets to recover the fixed cost (or some part of it), irrespective of whether it actually generates power.
Single-part tariff for nuclear, wind and solar
- In contrast, solar and wind generation and also nuclear are still governed by a single-part tariff.
- The single-part tariff applies to nuclear power stations for various reasons including the fact that given the technology, a nuclear generator does not usually increase/decrease the generation at a quick tempo, but maintains a steady stream.
- In any case, nuclear power accounts for only about two per cent of the entire generation, so letâs leave it aside.
- On the other hand, solar and wind generation account for about 10 per cent of the generation today and going by the statement delivered during COP26 in Glasgow, we want to ramp it up to 50 per cent by 2030.
Issues with single-part tariff for wind
- Must run status: The renewable sector has been given a âmust runâ status.
- This means that any generation from renewables needs to be dispatched first.
- The problem is that âmust runâ runs counter to the basic economic theory that in order to minimise total cost, dispatch should commence from the source offering the cheapest variable cost and then move upwards.
- With a single-part tariff, whenever the renewable generator is asked to back down for maintaining grid balance, it is paid nothing.
- With a single part tariff for renewable generation, the entire cost is variable and at Rs 2.5 per unit for solar generation, it is not the cheapest source.
- There are several NTPC coal-fired pit head plants whose variable costs are far lower, for example, Simhadri (Rs 1.36), Korba (Rs 1.36), Sipat (Rs 1.43).
- For the older solar plants, the tariff could be well above Rs 3 per unit and for wind-based generation, it is even higher, averaging around Rs 4.5 per unit.
- Therefore, the SLDCs often flout the principle of âmust runâ, since the distribution companies would save money by asking the renewable generator to back down while keeping the tap on for a coal-based generation.
Solution
- Two-part tariff for solar: The solution to this problem is to apply a two-part tariff for solar and wind generators as we do for hydro plants today.
- Lowest variable cost: The overriding principle is that the percentage allocated as variable cost should ensure that renewable generation has the lowest variable cost so that there is no violation of the âmust-runâ principle.
- At the same time, the fixed cost component should not be kept so high that it hurts the consumers.Â
- A fine balance between the proportion of the fixed and variable costs will have to be maintained.
- It would also ensure a certain minimum return to developers even if they are not generating during certain hours, as in the case of coal and hydro plants.
- Proper environment: If we are serious about having a renewable generating capacity of 450-500 GW by 2030, we need to create a proper environment and ensure adequate returns to invite fresh investments into renewable generation.
Conclusion
The switch from a single to a two-part tariff structure for renewables has to be made right now as we are at the cusp of ramping up our renewable generation and it takes time for matters to get streamlined as we have seen in the past.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Criticism of AFSPA
Context
The Centre on Thursday significantly reduced the footprint of the Armed Forces Special Powers Act (AFSPA), 1958 in the Northeast, withdrawing it entirely from 23 districts in Assam; and partially from seven districts in Nagaland, six districts in Manipur, and one district in Assam.
Background of AFSPA
- AFSPA was adopted in 1958 during the early days of the Naga uprising to apply to what was then the state of Assam and the union territory of Manipur.
- The counterinsurgency campaigns against the Nagas were counterproductive.
- In the following decades, as new states were formed in Northeast India, AFSPA was amended to accommodate the names of those states.
Provision under AFSPA, 1958
- AFSPA allows civilian authorities to call on the armed forces to come to the assistance of civil powers.
- Sweeping powers to armed forces: Once a state â or a part of a state â is declared âdisturbedâ under this law, the armed forces can make preventive arrests, search premises without warrants, and even shoot and kill civilians.
- Approval of central government for legal action: Legal action against those abusing these powers requires the prior approval of the central government â a feature that functions as de facto immunity from prosecution.
Issues with AFSPA
- Critics charge that it effectively suspends fundamental freedoms and creates a de facto emergency regime.
- In 2012, a petition was filed in the Supreme Court to investigate as many as 1,528 cases of fake encounters that allegedly occurred in the state between 1979 and 2012.
- Supreme Court appointed a three-member commission to inquire into the first six of the 1,528 cases in the petition.
- Its interim judgment of July 2016 said that âthere is some truth in the allegations, calling for a deeper probeâ.
- In the courtâs view, AFSPA clearly provided the context for these killings.
Demand for changes and repeal
- When the Supreme Court pronounced AFSPA constitutional in 1997, it also recommended some changes.
- Among them was the stipulation that a âdisturbed areaâ designation be subjected to review every six months.
- In some parts of Northeast India, AFSPA is now routinely extended every six months. But there is little evidence that any meaningful review occurs at those times.
- In 2004, the then central government set up a five-member committee under former Supreme Court Justice Jeevan Reddy, which submitted its report in 2005 recommending the repeal of AFSPA, calling it âhighly undesirableâ, and saying it had become a symbol of oppression.
- Subsequently, the Second Administrative Reforms Commission, headed by Veeerapa Moily, endorsed these recommendations.
Conclusion
One must welcome the governmentâs announcement to reduce the number of such areas. But not to consider the repeal of this law, which is now almost as old as the Republic, is a missed opportunity to reflect on why this law has or has not been successful, and to learn from this history and strengthen the foundation of our democracy.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: BIMSTEC
Mains level: Paper 2- BIMSTEC -challenges and opportunities ahead
Context
The fifth summit of the regional grouping, the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC), held virtually in Colombo on March 30, has advanced the cause of regional cooperation and integration.
Colombo package
- Economic challenges: Representing a fifth of the worldâs population that contributes only 4% of the global GDP, can this multilateral grouping trigger accelerated economic development?
- It was clear that BIMSTEC first needed to strengthen itself â by re-defining its purpose and rejuvenating its organs and institutions.
- The eventual result is now seen in the package of decisions and agreements announced at the latest summit.
Achievement of Colombo Summit
- 1] Adoption of Charter:Â Adopted formally, it presents BIMSTEC as âan inter-governmental organizationâ with âlegal personality.â
- BIMSTEC’s purposes: Defining BIMSTECâs purposes, it lists 11 items in the first article.
- Among them is acceleration of âthe economic growth and social progress in the Bay of Bengal regionâ, and promotion of âmultidimensional connectivityâ.
- The grouping now views itself not as a sub-regional organisation but as a regional organisation whose destiny is linked with the area around the Bay of Bengal.
- 2] Reduction in the sectors of cooperation: The second element is the decision to re-constitute and reduce the number of sectors of cooperation from the unwieldy 14 to a more manageable seven.
- Each member-state will serve as a lead for a sector:Â trade, investment and development (Bangladesh); environment and climate change (Bhutan); security, including energy (India); agriculture and food security (Myanmar); people-to-people contacts (Nepal); science, technology and innovation (Sri Lanka), and connectivity (Thailand).
- 3] Adoption of the Master Plan for Transport Connectivity: Â the summit participants adopted the Master Plan for Transport Connectivity applicable for 2018-2028.
- Â It was devised and backed by the Asian Development Bank (ADB).
- It lists 264 projects entailing a total investment of $126 billion.
- Projects worth $55 billion are under implementation. BIMSTEC needs to generate additional funding and push for timely implementation of the projects.
- 4] Signing of three new agreements: Finally, the package also includes three new agreements signed by member states, relating to mutual legal assistance in criminal matters, cooperation between diplomatic academies, and the establishment of a technology transfer facility in Colombo.
Challenges
- The pillar of trade, economic and investment cooperation needs greater strengthening and at a faster pace.
- Absence of FTA: Despite signing a framework agreement for a comprehensive Free Trade Agreement (FTA) in 2004, BIMSTEC stands far away from this goal.
- Lack of legal instruments: The need for expansion of connectivity was stressed by one and all, but when it comes to finalising legal instruments for coastal shipping, road transport and intra-regional energy grid connection, much work remains unfinished.
- There needs to be mention of the speedy success achieved in deepening cooperation in security matters and management of Humanitarian Assistance and Disaster Relief (HADR).
- Focus more on new areas: BIMSTEC should focus more in the future on new areas such as the blue economy, the digital economy, and promotion of exchanges and links among start-ups and Micro, Small and Medium Enterprises (MSMEs).
- Â Step up the personal engagement of political leadership: The personal engagement of the political leadership should be stepped up.
- The decision taken in Colombo to host a summit every two years is welcome if implemented.
- Greater visibility:Â BIMSTEC needs greater visibility.
- Indiaâs turn to host the G20 leadersâ summit in 2023 presents a golden opportunity, which can be leveraged optimally. Perhaps all its members should be invited to the G20 summit as the chairâs special guests.
- Simplify the groupings name: The suggestion to simplify the groupingâs name needs urgent attention.
- The present name running into 12 words should be changed to four words only â the Bay of Bengal Community (BOBC).
- It will help the institution immensely. Brevity reflects gravitas.
Conclusion
BIMSTEC is no longer a mere initiative or programme. The question to address is whether it is now capable of tackling the challenges facing the region.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: CBI
Mains level: Paper 2- Reforms in investigative bodies
Context
The image of the institution of police is regrettably tarnished by allegations of corruption, police excesses, lack of impartiality and close nexus with the political class.
Police and investigation agencies need social legitimacy
- The police and investigative agencies may have de-facto legitimacy, but as institutions, they are yet to gain social legitimacy.
- Police should work impartially and focus on crime prevention. They should also work in cooperation with the public to ensure law and order.
- The CBI possessed immense trust of the public in its initial phase.
- But with the passage of time, like every other institution of repute, the CBI has also come under deep public scrutiny.
- The need of the hour is to reclaim social legitimacy and public trust.
Issues affecting the system and causing delay in trial
- Lack of infrastructure, lack of sufficient manpower, inhuman conditions, especially at the lowest rung, lack of modern equipment, questionable methods of procuring evidence, officers failing to abide by the rule book and the lack of accountability of erring officers.
- Then there are certain issues that lead to delays in trials.
- They are: Lack of public prosecutors and standing counsels, seeking adjournments, arraying hundreds of witnesses and filing voluminous documents in pending trials, undue imprisonment of undertrials, change in priorities with the change in the political executive, cherry-picking of the evidence, and repeated transfers of officers leading to a change in the direction of the investigation.
Way forward
- Break the nexus with political executive: The first step to reclaim social legitimacy and public trust.is to break the nexus with the political executive.
- Reform of the police system is long overdue in our country.
- The Ministry of Home Affairs has itself recognised the glaring need for the same in the âStatus Note on Police Reforms in Indiaâ.Â
- Comprehensive law: Our investigative agencies still do not have the benefit of being guided by a comprehensive law.
- Independent and autonomous investigative agency: The need of the hour is the creation of an independent and autonomous investigative agency.
- Umbrella organisation: There is an immediate requirement for the creation of an independent umbrella institution, so as to bring various agencies like the CBI, SFIO, and ED under one roof.
- This body is required to be created under a statute, clearly defining its powers, functions and jurisdictions.
- Such a law will also lead to much-needed legislative oversight.
- Separation of prosecution and investigation: One additional safeguard that needs to be built into the scheme, is to have separate and autonomous wings for prosecution and investigation, in order to ensure total independence.
- Annual audit of performance: A provision in the proposed law for an annual audit of the performance of the institution by the appointing committee will be a reasonable check and balance.
- Strengthening state investigative agencies: There is no reason why state investigative agencies, which handle most of the investigations, cannot enjoy the same level of credibility as that of the national agency.
- The proposed Central law for the umbrella investigative body can be suitably replicated by the states.
- Ensure women’s representation: An issue that needs addressing at this stage is the representation of women in the criminal justice system.
- Often, women feel deterred in reporting certain offences due to a lack of representation.
- Relations with community: Relations between the community and police also need to be fixed.
- This is only possible if police training includes sensitisation workshops and interactions to inspire public confidence.
Consider the question “The police and investigative agencies may have de-facto legitimacy, but as institutions, they are yet to gain social legitimacy. In the context of this, examine the challenges faced by the police and the investigative agencies in India and suggest ways to help them gain social legitimacy.”
Conclusion
It is imperative for the police and the public to work together to create a safe society. Ultimately the police must remember that their allegiance must be to the Constitution and the rule of law and not to any person.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: IPCC
Mains level: Paper 3- Vulnerability to climate change and ways for adaptation
Context
The footprint of the Covid-19 pandemic across the sectors of the economy has instilled a new reckoning for resilience and sustainability on the economic, social and environmental (ESG) front.
IPCC reports suggest adaption for resilience
- The Intergovernmental Panel on Climate Change (IPCC) published its latest report on climate impacts, vulnerability and adaptation last month.
- The report suggests that adaptation to climate impacts in the near to medium term can help communities and ecosystems become resilient against the threats from current and future levels of warming.
- Â Ecosystem-based adaptation, for instance, is recommended for taking care of communities and social well-being, while restoring forests, lands and marine ecosystems.
- The report details the variability in projected climate impacts and the vulnerabilities that can be expected across regions the world over due to differences in the range of warming, geographical location, demographics and the unique biophysical, social and cultural contexts.
- Cost-effective adaptation: It depends on a host of enablers on which global partnerships need to deliver.
- Enablers include international cooperation, inclusive technology, financial flows, knowledge sharing and capacity building, with institutions and innovations to support policy development and on-ground implementation.
Gaps in the literature, acknowledge the uncertainties in climate science
- The IPCC has been consistently drawing attention to the lack of adequate science from and on developing countries.
- These countries have in turn been asking for the inclusion of what is broadly termed as âgrey literatureâ or non-peer-reviewed literature in the IPCC process.
- Good science encompasses the formal and the informal, theory and empiricism, the traditional along with the modern.
- It relies on evolution through acknowledging the gaps and unknowns, the negatives and positives of past knowledge.
- The understanding of adaptation finance, adaptation costing, and mapping of climate impacts and adaptation needs of communities in geographically remote locations, for instance, could improve with suitable sourcing of information.
Way forward
- Sustainable development, inclusive of climate resilience, calls for an ensemble approach â one that places contextually appropriate emphasis on tackling climate change impacts and development needs in a world with growing challenges.
- The pathway to be adopted is one of an integrated risk assessment approach, where solutions are interventions that impact the immediate, near and medium-term outcomes for developing economies.
- Striking the right balance is at any time a choice driven as much by enablers (capabilities, lifestyles and values, financial flows, technical know-how) as by constraints (warming levels, poverty, inequality, lack of health and education).
Conclusion
The pandemic highlighted the need for balance in nature-people relationships, even as it tested the ability of the developing world.
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