Content

1. AGRICULTURE ...... 3 1.1 Farm Laws: Impact On Women Farmers ...... 3 1.2 India Meteorological Department (Imd) ...... 6 1.3 Integrated Farming Systems ...... 9 2. DISASTER MANAGEMENT ...... 12 2.1 Chamoli Flash Floods ...... 12 3. ECONOMY ...... 16 3.1 Foreign Exchange Determination In India ...... 16 3.2 Grievances Against Misleading Advertisements (Gama) ...... 19 3.3 Budget Proposal For A Bad Bank ...... 22 3.4 Geographical Indication (Gi) ...... 24 3.5 Food Security ...... 26 3.6 Special Economic Zones...... 32 3.7 Great Divergence ...... 35 3.8 Sabka Sath - Sabka Vikas - Sabka Vishwas ...... 37 4. ENVIRONMENT ...... 40 4.1 Right Of Passage For Animals ...... 40 4.2 Green Tax And Scrappage Policy ...... 45 4.3 Eco Sensitive Zones ...... 47 5. FOREIGN AFFAIRS ...... 50 5.1 World Economic Forum Summit 2020 And Great Reset...... 50 5.2 Ohchr And Human Rights ...... 54 5.3 Is The World Heading Towards ‘New Cold War’? ...... 56 5.4 Myanmar Coup ...... 60 5.5 New Start Treaty ...... 63 5.6 Afghanistan-India New Development Partnership ...... 65 5.7 India's Vaccine Diplomacy ...... 68 6. GEOGRAPHY ...... 70 6.1 Megacity Plan For Little Andaman ...... 70 6.2 Cropping Systems In India ...... 72 7. GOVERNANCE ...... 76 7.1 Charter For Banks : Fcra ...... 76 7.2 Family Planning In India: Is It Anti-Women? ...... 78 7.3 Nep: Need For Structural Reforms In Universities & Colleges ...... 80 8. LAW AND POLICY ...... 82 8.1 Delay In Appointments To Law Commission ...... 82 8.2 Use And Misuse Of It Act 2000 ...... 85 8.3 Privacy By Design ...... 88

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8.4 Delegated Legislation ...... 90 8.5 Transparency Of Lokpal Selection Committee ...... 93 8.6 State Legislative Committees ...... 96 8.7 Money Bills ...... 97 8.8 Amendments To Jj Act ...... 100 8.9 Priya Ramani Case: Freedom Of Speech & Defamation ...... 103 8.10 Self- Regulation Code Adopted By The Ott Services ...... 105 8.11 Amendments To Arbitration And Conciliation Act ...... 107 9. SCIENCE & TECH ...... 111 9.1 C. Subramaniam, Dr. S. Chandrashekhar & Pro-Poor Technology ...... 111 9.2 Drdo ...... 112 9.3 Geo Spatial Data Policy Liberalized ...... 115 10. SECURITY ...... 117 10.1 Smart Wall For Indian Borders ...... 117 11. SOCIETY ...... 119 11.1 Hc Verdict, Pocso And Protecting Children From Sexual Abuse ...... 119 11.2 Safeguards For Internal Complaints Committee (Icc) Members ...... 122 11.3 Unesco And Endangered Languages ...... 125

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1. AGRICULTURE 1.1 Farm Laws: Impact on Women Farmers

Manifest pedagogy: The agricultural labour force is also seeing ‘feminisation‘, as more and more men migrate to urban areas in search of work, women left at home tend to agricultural landholdings. Almost 84% of women in rural India depend on agriculture for their livelihood. The Mahila Kisan Adhikaar Manch (MAKAAM) and other women organisations have opposed the unilateral and undemocratic passage of Farm Laws and argue that they highlight the vulnerabilities of women in agriculture in India, who are largely invisible.

In news: Women's Groups Express Concern over Impact of New Farm Laws on Women

Dimensions: Farm Bills and Women Positive Impacts Negative Impacts Suggestions to make the bills beneficial for women

Content: farmers’ organisation have been at the Farm Bills and Women forefront of these protests • Three controversial Farm Laws were passed by the parliament through a voice vote Status of Women and Farming in India despite repeated requests from the • 47% of the agricultural labour force of India opposition to send the Bills to a is comprised of women Parliamentary Committee for scrutiny. • Even though 73.2% of women are involved • The Farmers (Empowerment and in agriculture, only 12% own the land they Protection) Agreement on Price Assurance work on. and Farm Services Act 2020 relaxes • 81% of women farmers are also Dalit and government restrictions on the sale and Adivasi. purchase of farm produce • And only 8% of women farmers have control • The Farming Produce, Trade, Commerce over their agricultural income (Promotion and Facilitation) Act 2020 • Women farmers in India already face proposes a legislation to facilitate direct multiple pre-existing challenges in terms of: trade with large corporations, bypassing ○ Lack of recognition as farmers, state mandis or Agricultural Produce ○ Unequal rights over key resources Market Committees (APMCs). such as land, water, forests, etc., • The Essential Commodities (Amendment) ○ Gendered access to support systems Act 2020 eases regulations on stocking and services related to agricultural produce under the Essential Commodities credit, inputs, subsidies, budgets and Act (1955). marketing their produce • Despite being termed ‘revolutionary’ by • The census calls anyone who operates a Union Minister for Agriculture, Narendra piece of agricultural land a ‘cultivator’. Tomar, the bills have received criticism from Operational land is land used by anyone for experts as well as farmers’ unions. agricultural production – irrespective of • Marginal and small holdings operated by whether the person using it owns it or not. women farmers together constitute 27.9 % • Since more than 87% of women do not own of total operational holdings cultivated by land, the benefits of land ownership are not women according to the Economic Survey enjoyed by them. of 2018-19 . • As they are not categorised as ‘farmers’ in • While the legislation seems to be harmful official records, they do not get institutional for the farming community at large, farmers credit for farming or farming subsidies. with smaller land holdings such as women, • This reduces the agricultural productivity of are likely to be worst affected. the land tilled by women. • In West Bengal, Maharashtra and Karnataka • Therefore, even though women are women farmers’ organisation and Dalit adequately represented, their efforts are unrecognised due to lack of landholding,

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access to government provisions and Negative Impacts of the Laws: traditionally institutionalised gender roles. Several organisations like Mahila Kisan Adhikaar Manch (MAKAAM) have criticised the Farm laws Positive Impacts of the Laws for the following reasons: The Indian Government expects the farm laws to benefit the farmers in the following ways: Issue of Mobility • Farmers’ Produce and Trade and Commerce The law on reforms of agri market - Farmer's (Promotion and Facilitation) Act, 2020 is Produce Trade and Commerce (Promotion and premised on the assumption that all Facilitation) Act, 2020- would: farmers are equally mobile and have equal • Create an ecosystem where farmers and access to transportation facilities to sell or traders enjoy the freedom to sell and purchase their agricultural produce purchase farm produce outside registered anywhere in the country. 'mandis' under states' APMCs. • Women farmers suffer due to poor mobility • Promote barrier-free inter-state and intra- and access to transport facilities. state trade of farmers' produce • It would be difficult for them to travel far to • Reduce marketing/transportation costs and trade their produce or bargain around help farmers in getting better prices better prices. • Provide a facilitative framework for • In fact, what women farmers need is electronic trading proximal markets such as APMCs but with oversight to protect them from exploitation The Farmer (Empowerment and Protection) by buyers/traders. Agreement of Price Assurance and Farm Services Bill, 2020 - is expected to: Avenue for Exploitation by Private Traders: • Transfer the risk of market unpredictability • State level APMCs serve as an important from farmers to sponsors mechanism for price discovery for women • Enable farmers to access modern tech and farmers. get better inputs • Even though women farmers prefer to trade • Reduce the cost of marketing and boost outside the system with private traders, farmer's income. APMCs perform a crucial role in signalling • Engage in direct marketing by eliminating prices. This gave bargaining power to intermediaries for full price realisation negotiate prices even when women farmers • Effective dispute resolution mechanism sold outside of the APMCs. with redressal timelines. • The Act has proposed to bypass the APMC and usher in an era of fragmented and The Essential Commodities (Amendment) Bill, 2020 unregulated markets. would: • Remove commodities like cereals, pulses, Unequal Field for Women Farmers: oilseeds, onion and potatoes from the list of • Women farmers in many states are starting essential commodities. It will do away with autonomous Farmers Producer the imposition of stockholding limits on Organisations (FPOs). such items except under "extraordinary • In Telangana, women farmers floated circumstances" like war ‘Benishan’, a company to procure and sell • Attract the private sector/FDI into the farm their produce in association with Farmer sector as it will remove fears of private Producers Organisations (FPO) and Society investors of excessive regulatory for Elimination of Rural Poverty (SERP). interference in business operations. • Kerala’s Kudumbashree initiative, under • Bring investment for farm infrastructure the National Rural Livelihoods Mission, has like cold storages, and modernising the food promoted ‘Naatuchanta’ or weekly markets supply chain. which are run entirely by women. • Help both farmers and consumers by • The new Farm Acts, instead of supporting bringing in price stability. them through market and state supported • Create a competitive market environment credit schemes, put them at par with and cut wastage of farm produce.

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existing traders and other big corporations Services Act 2020 seeks to legalise contract and create an unequal playing field farming across the country while claiming to enable farmers to get into other Misery to Women Farmers agreements related to seeds, other inputs • Large corporations can now enter into and prior agreed price etc. contracts with farmers • poor literacy levels amongst farm women • An estimated 52-75% of Indian women and their differential situations based on engaged in agriculture are illiterate and caste, class and gender places them in a there are also lower levels of awareness. disadvantaged position while understanding • Without prerequisite legal knowledge these or negotiating (written) agreements with contracts could exploit the vulnerable. traders and corporate entities who are • Large corporations mostly use chemical seeking to enter into agreements with the intensive farming. This is one of the major farmers to purchase their produce or for reasons for increasing numbers of farm other services. suicides. • Also, the conciliation or dispute arbitration • Women organisations fear the acts could framework that is provided in the above Act further aggravate the farm suicides and is clearly weighed against small and render more women as widows and marginal farmers in general and women powerless wage labourers. farmers in particular. • This could create further agricultural distress. Suggestions to make the bills beneficial for women: • Agricultural distress has a ground-level In brief, reforms in agriculture need large scale impact on food and nutrition of women, investments in protecting farmers and not just agri- education opportunities for girls, health and businesses. sanitation of households, and other such factors. Small and marginal farmers among whom are a significant number of women form the backbone of Digital Alienation of Women Farmers: this sector. They need to be protected through • In an attempt to fulfil the ‘One Nation, One robust investments towards enhancing their Market’ prophecy, the bills emphasise on capacities and knowledge. the e-NAM, or National Agriculture Market, to facilitate online trade across states. Few of the suggestions to address the women’s • Studies conducted in rural Madhya Pradesh concern include: show that deep rooted patriarchal • Government must direct its attention to structures restrict women’s usage and supporting the small and marginal farmers access to technology. who are in distress due to the pandemic by • Shifting to digitalised market systems ○ Providing cash transfers and loan alienates women farmers who might find it deferments and difficult to adapt. ○ Supplement those with expanding the MNREGA, providing seed and Impact on food and nutritional Security: market support. • The proposal to remove cereals, pulses, • The Government should guarantee at least potatoes from the list of essential the MSP in all market transactions involving commodities is bound to impact food farmers, whatever the marketing channel security goals. might be. This should be a legal entitlement • It is also an invitation to attract big for all farmers. corporates FDI into grain trade at a time • Government must bring in reforms in the when rest of the industry is in the doldrums APMCs that would ensure easy access to and 90 metric tonnes is lying in the women farmers who trade at the local level. godowns and more to come by way of For example the Andhra Pradesh and Kharif procurement. Telangana government initiative to hand Inadequate Protection from Exploitation over procurement to women’s SHGs at the • The Farmers Empowerment, Protection, village level and also support direct Agreement on Price Assurance and Farm marketing initiatives.

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• The government ensures higher equity grants and working capital at ○ Incentivising decentralised low interests; encourages it in procurement procurement including procurement at the local level. The government should of coarse grains; also remove FPOs from the purview of the ○ Geographical diversification of Acts brought in. procurement operations; • Bring in a separate law that guarantees ○ Augmentation of adequate remunerative prices for farmers for diverse decentralised modern and scientific crops and ensure all payments are made storage; jointly to farmer households, against the ○ Giving top priority to the movement current practice of only remunerating the of food grains and providing sufficient landowner. number of rakes for this purpose, • Universalise and expand PDS to include including expanding the line capacity millets, pulses and oil that could be of railways to facilitate food grain procured through decentralized movement from surplus to procurement systems by guaranteeing consuming regions. remunerative prices. • The government rolls out a time-bound plan • It would address the concerns of the to ensure at least the mandated 30% procurement of farm produce as well as representation of women farmers in the fulfil the goal of eliminating hunger. local market committees. For this MAKAAM Women farmers often produce a diverse set calls for a large scale study on systemic of crops such as moong, urad, ragi and obstacles in women farmers’ safe access to other millets which can find guaranteed markets. markets if the PDS, MDMS and ICDS • Create an enabling environment that programmes are revised to include these promotes women’s FPOs by giving them foods.

Mould your thought: • How do the recent Farm Laws impact women farmers? What can be done to improve the condition of women in agriculture? Approach to the answer: • Introduction • Briefly discuss the farm Laws • Discuss the positive impacts for women • Discuss the negative impacts • Write the suggestions for improvement • Conclusion

1.2 India Meteorological Department (IMD)

Manifest pedagogy: From a modest beginning in 1875, IMD has progressively expanded its infrastructure for meteorological observations, communications, forecasting and weather services and it has achieved a parallel scientific growth. IMD has continuously ventured into new areas of application and service, and steadily built upon its infra-structure in its history of 140 years. It has simultaneously nurtured the growth of meteorology and atmospheric science in India. Today, meteorology in India is poised at the threshold of an exciting future.

In news: India Meteorological Department (IMD) celebrates its 146th Foundation Day

Dimensions: About IMD Role in agriculture Recent initiatives Radars and satellites used for weather forecast

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Content: adapt to or mitigate the effects of adverse weather if a forecast of the expected weather About IMD: can be obtained in time. • India Meteorological Department was • Crop weather factors require crops and established in 1875. cropping practices that vary across areas within • It is the National Meteorological Service of the the same season. country and the principal government agency • The forecast of the weather event helps for in all matters relating to meteorology and suitable planning of farming operations. allied subjects. • It helps to decide whether to undertake or • The administrative responsibilities of the withhold the sowing operation. Department are under the supervision of the • To irrigate the crop or not, when to apply Ministry of Earth Sciences of the Indian fertilizer and whether to start complete Government. harvesting or to withhold it are the major • IMD is headquartered in Delhi and operates components for which forecasting is a must. hundreds of observation stations across India • Climate variability is something that all and Antarctica. farmers need to react upon. Extended periods • Regional offices are at Chennai, Mumbai, of dry conditions, commonly known as drought Kolkata, Nagpur, Guwahati and New Delhi. is one of the major impacts in the irrigation • IMD is also one of the six Regional Specialised system. So if their proper forecast is done Meteorological Centres of the World chances of losses are way lower than expected. Meteorological Organisation. • Drought can increase daily crop water use due • It has the responsibility for forecasting, naming to lower humidity and accompanied by higher and distribution of warnings for tropical temperatures. Managing under the extreme cyclones in the Northern Indian Ocean region, conditions, irrigators need to understand daily including the Malacca Straits, the Bay of and seasonal crop water use patterns, as well Bengal, the Arabian Sea and the Persian Gulf. as adopt practices and technology which result in good production of crops. It has the following mandate: • To take meteorological observations and to Monsoon Dependency of Indian Agriculture provide current and forecast meteorological • The Indian economy is heavily dependent on information for optimum operation of agriculture and the livelihood of the Indian weather-sensitive activities like agriculture, farmer largely depends on the Monsoon rains. irrigation, shipping, aviation, offshore oil • Water availability can make a pronounced explorations, etc. difference to agricultural output and standard • To warn against severe weather phenomena of living. like tropical cyclones, norwesters, dust storms, • The fate of the Kharif crops depends on the heavy rains and snow, cold and heat waves, performance of the southwest Monsoon. etc., which cause destruction of life and • Unfortunately, Areas fed by canals and other property. irrigation account for only 40% of India’s net • To provide meteorological statistics required sown area. for agriculture, water resource management, • The remaining 60%, which accounts for a industries, oil exploration and other nation- substantial part of agricultural output, is rain- building activities. dependent. • To conduct and promote research in • Simply speaking, the Indian economy gains due meteorology and allied disciplines. to good Monsoon rains in the country. • On the other hand, weak Monsoon rains result IMD’s Role in Agriculture in crop failure which affects the economy in a • Agriculture and farming are mainly dependent negative manner due to lower production. on seasons and weather. The temperature • Thus, there is a need for accurately predicting matters a lot in that case when it comes to the and forecasting weather in India. farming of different kinds of fruits, vegetables, • In order to provide direct services to the and pulses. farming community of the country an exclusive • Occurrences of erratic weather are beyond Division of Agricultural Meteorology was set human control. It is possible, however, to up in 1932 under the umbrella of IMD at Pune.

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• Its objective is to minimize the impact of environmental visibility and their climatological adverse weather on crops and to make use of impacts. favourable weather to boost agricultural • It would contain a network of 16 production. aethalometers, 12 sky radiometers and 12 • The Division supports and participates in multi- nephelometers disciplinary activities in this field. • It is also the centre for research programmes in Digital Cyclone Warning Dissemination Systems agricultural meteorology and has field units in (CWDS) various parts of the country. • The year 2020 witnessed five Cyclones, which • Besides, forecasts and advisories for farmers included two Very Severe Cyclones and the are issued by IMD's Forecasting Offices located Super Cyclone AMPHAN which affected West at different State capitals. Bengal & Odisha. • The efficient early warning services provided Services of the Division are: by the IMD and enhanced co-ordination among • Gramin Krishi Mausam Seva various Government Agencies helped in ○ Launched in 2015 by the Ministry of minimizing the human casualties and property Earth Science to provide crop specific damage associated with these cyclones. advisories to the farmers at the district level. Mobile App ‘MEGHDOOT’ ○ Advisory is provided twice weekly • Mobile App ‘MEGHDOOT’ provides Agromet through different media like Advisory Services to farmers print/visual/Radio/ IT based including short message service (SMS) and Air Quality Early Warning System for Delhi Integrated Voice Response System • The Union Ministry of Earth Sciences (MoES) (IVRS) for a wider dissemination. adn IMD have launched an advanced Air ○ The scheme is implemented by India Quality Early Warning System, which can Meteorological Department in predict places neighbouring Delhi that are collaboration with State Agricultural likely to burn crop residue on a given day. Universities /Indian Council of • The air pollution system has been developed Agricultural Research etc. jointly by the scientists at the Indian Institute ○ It issues crop and location specific of Tropical Meteorology (IITM), Pune, India weather based agro advisories for Meteorological Department, National Centre the benefit of the farming for Medium-Range Weather Forecasting community. (NCMRWF) and National Center for ○ The Agro-meteorological Advisory Atmospheric Research (NCAR), Boulder, USA. Services (AAS) under the GKMS is • The system uses data of stubble burning operated to prepare bi weekly incidents from the past 15 years to predict the weather based bulletins. date and place of the next burning, and help ○ Agro-Meteorological Advisory authorities to act in advance. Services (AAS) bulletins are • The warning system consists of: disseminated under PPP mode and ○ Real-time observations of air quality through Kisan Portal to about 40.2 over Delhi region and details about million farmers. natural aerosols like dust (from dust • Dissemination of Agromet Advisories storms) and particulate matter using • Feedback & Awareness of Agromet Service different satellite data sets. • Training Programme to AMFUs ○ Predictions of air pollutants from two different air quality prediction Recent Initiatives and Achievements: systems based on state-of-the-art System of Aerosol Monitoring and Research atmospheric chemistry transport (SAMAR) models and • The IMD launched the System of Aerosol ○ Warning Messages and Alerts and Monitoring and Research (SAMAR) in January Bulletins. 2016 to study the concentration of Black carbon, radiative properties of aerosols,

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Winter Fog Experiment (WiFEX) • This will result in better monitoring of such • The presence of heavy and extended period extreme weather events in real time. fog in the northern regions of India is one of the major weather hazards, impacting aviation, Radars and satellites used for weather forecast: road transportation, economy and public life • IMD undertakes observations, • The objectives of the Winter Fog Experiment communications, forecasting and weather (WIFEX) are to develop better now-casting services. (next 6 hours) and forecasting of winter fog on • In collaboration with the Indian Space various time and spatial scales and help reduce Research Organisation, the IMD also uses the its adverse impact on aviation, transportation IRS series and the Indian National Satellite and economy, and loss of human life due to System (INSAT) for weather monitoring of the accidents. Indian subcontinent. • In addition to Indian Institute of Tropical • IMD was the first weather bureau of a Meteorology (IITM), Pune, India Meteorology developing country to develop and maintain its Department (IMD), National Center for own satellite system. Medium-Range Weather Forecast (NCMRWF), • IMD operates a network of hundreds of surface Airport Authority of India, GMR, Indira Gandhi and glacial observatories, Upper Air (high International Airport and Indian Institute of altitude) stations, ozone and radiation Science Education and Research (IISER) Mohali observatories and meteorological radar are also participating in this observational stations. campaign. • Additional data is received from India's constellation of satellites, such as Kalpana-1, Multi-Mission Meteorological Data Receiving and Megha-Tropiques and instruments on board Processing System (MMDRPS) the IRS series and the INSAT series of satellites. • Union earth sciences minister launched the • KALPANA-1 is an exclusive meteorological Multi-Mission Meteorological Data Receiving satellite. The satellites are monitored and and Processing System (MMDRPS) in Jan 2021. controlled by Master Control Facilities that • IMD developed this system in collaboration exist in Hassan and Bhopal. with ISRO. • Megha-Tropiques is a satellite mission to study • This system is capable to process rapid scan the water cycle in the tropical atmosphere in data of INSAT-3DR Imager payload conducted the context of climate change during extreme weather events or cyclones.

Mould your thought: • Why is accurate weather prediction necessary for India? How does IMD help fulfill this need? Approach to the answer: • Introduction • Mention the areas that need weather prediction and its advantages • Write about the functions of IMD • Discuss the recent IMD initiatives in weather prediction • Conclusion 1.3 Integrated farming systems

Manifest pedagogy: Integrated farming which evolved in China has spread across the globe, thereby helping the agro-based economies a lot. This farming method has included the essence of more productivity and sustainability with lesser competition.

In news: Sustainable Agriculture in India

Dimensions: What are integrated farming systems? Its advantages Components Agro climatic zones and integrated farming

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Content: into nutrient-rich vermi-compost and used in What are Integrated Farming Systems (IFS)? another part of the same farm. • IFS refer to agricultural systems that • This approach makes the whole farm largely integrate livestock and crop production and self-sustainable and environment friendly. may sometimes be known as Integrated Bio • Suitable methods of agronomy and crop systems or Integrated Agriculture. production are harmonised in compliance • IFS, is integration or a collaboration of two with site specifics. sectors of production- crop production and • Thus its basic principle is to enhance the animal rearing. ecological diversity – by choosing the • It adopts a holistic approach of taking up appropriate cropping methodology with agriculture, horticulture and other allied mixed cropping, crop rotation, crop activities simultaneously. combination, and intercropping so that • Integration two sectors of production into there is less competition for water, nutrition, one guarantee diversified production with and space. minimum cost and labour. • A multi-story arrangement is followed for • The uniqueness of IFS is its method of proper utilization of space e.g. a poultry recycling farm waste. Here, the by-product farm on the upper level with a fish farm on a of one becomes the raw material for the lower level where the waste from poultry other. will feed the fish on a lower level. • Integrated farming is a system that tries to • IFS are a labor-intensive system that keeps mimic nature’s principle where not only the farmer indulged in the farm productively crops but various plants, animals, and throughout the year. poultry form a diverse ecological system. • IFS induce collective purchasing of inputs • The flora and fauna are combined in such a and collective marketing of produce among way that each element helps another farmers which in turn leads to good element i.e. waste from one is a resource for productivity and profit margins as well. others. • The IFS approach has multiple objectives of • For example, cattle dung mixed with crop sustainability, food security, farmer security residues and farm waste can be converted and poverty reduction.

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• The salient features of IFS include – Reduced Expenditure: ○ Innovation in farming for maximising • The waste product management helps in production through optimal use of lowering the dependence on the raw local resources, materials bought from the markets. ○ Effective recycling of farm waste for • The symbiotic association between the two productive purposes, sectors of production helps in fully utilizing ○ Community-led local systems for the resources and also helps in optimizing water conservation, the yield and productivity. ○ Organic farming, and • Thus, IFS mechanism creates an eco-friendly ○ Developing a judicious mix of income- usage of the by-products, thereby generating activities such as dairy, decreasing the input expenditure. poultry, fishery, goat-rearing, vermicomposting and others Environment friendly and Sustainable: • This type of farming does not use chemical The IFS system is similar to mixed farming where pesticides and insecticides, thereby farmers grow one main crop and raise livestock. In providing healthy food. IFS crops are grown along with other farm • The zero waste policy used in IFS helps in ventures e.g., animal husbandry or poultry farming negating the drastic negative effect on the or piggery or fishery with vegetable farming. ecology. The soil is nourished naturally with the manure and crop rotation. However, the difference is related to the amount of waste generated. The waste is almost ‘Jaivagriham’ project completely recycled into the new crop in IFS. • Kerala government announced the ‘Jaivagriham’ project under the Rebuild Advantages of IFS: Kerala Initiative (RKI). Self-reliance and Self-Sufficiency: • It envisages an integrated system of • From the production of fodder for animals agriculture, animal husbandry, poultry, to production of manure or vermicompost, apiculture and aquaculture for maximum every raw material is produced in the farm utilisation of land, time and energy. itself. • As per this, farms under the Agriculture • This constant self-reliant nature helps this Department in various districts will be mode of farming to enhance agro-ecological developed as model farms by adopting hi- balance. tech and integrated farming methods. • The technical support for the ₹25-lakh Renewable resources: project will be supplied by the Integrated • From biogas to solar energy and from hydel Farming Systems Research Station (IFSRS), a power to vermicomposting, this farming Kerala Agricultural University (KAU) station process includes no non-renewable here at Karamana. resources. • Agro-ecological unit (AEU)-specific IFS • The crop rotation mechanism prevalent in models that promise higher productivity, these farms helps in renewing the soil sustainability and profits will be validated productivity. and showcased under the project. (Kerala has 23 AEUs in five agro ecological zones.) Diversification of Farm income and gainful employment: Components of IFS: • In addition to the main crop, integrated The components of IFS vary depending on the farming provides a number of additional local conditions and type of farm. related income domains such as honey production, lumbering (thus helping in paper Following elements may be included in IFS and pulp factories) and silk production. depending upon the individual farmers • Thus it prevents seasonal unemployment of resources, interest and opportunities. farmers and gives more avenues for income • Watershed throughout the year. • Farm ponds

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• Bio-pesticides kg/ha especially with rice-brinjal rotation • Bio-fertilizers leading to an additional returns of Rs • Plant products as pesticides 30,865/ha with integration. • Bio-gas • In addition, the system approach was found • Solar energy to sustainable as reflected from the changes • Compost making (Vermi, Japanese, in soil organic carbon and indicated by Improved etc.) sustainability yield index • Green manuring • Rain water harvesting Agro-climatic zones and integrated farming • A sensible blend of agrarian ventures like Case Study dairy, poultry, piggery, fishery, sericulture • In a study conducted at ICAR Research and so forth. Complex, Goa, it was revealed that rice- • This fits the given agro-climatic conditions brinjal crop rotation is the best in terms of and financial status of the farmers can carry productivity and profitability owing to higher success to the cultivating activities. yield of the brinjal. The system yielded a Some example IFS for specific agroclimatic zones: total productivity of 11.22 t/ha rice grain • Agroforestry-based Land Management equivalent yield with a net return of Rs.46, Systems of Indian Himalayas and other hilly 440/ha. regions • Further, with the integration of mushroom • Crop- Livestock- Fish Farming in wetland and poultry production (based on the areas and coastal zones. resources availability within the system) the • Cropping + poultry/pigeon/goat + fishery in system productivity was increased to 21, 487 Cauvery delta Zone

Mould your thought: • What is an Integrated Farming System? How does it help betterment of agriculture? Approach to the answer: • Introduction • Define IFS • Discuss the basic principle of IFS • Mention the Advantages of IFS • Conclusion

2. DISASTER MANAGEMENT 2.1 Chamoli Flash Floods

Manifest pedagogy: Parts of Uttarakhand witnessed massive flash flooding after a chunk of the Nanda Devi glacier broke off at Josh math in Uttarakhand’s Chamoli district. GLOF is being considered to be the most likely trigger for this tragedy.

In news: Uttarakhand flash flood wreaks death, damage

Dimensions: What are flash floods Reasons for the floods What is Glacial Lake Outburst Flood (GLOF)? Way forward

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Content: Chamoli Flash Floods What is a Flash Flood? • A chunk of the Nanda Devi glacier broke off • A flash flood is a rapid flooding of low-lying at Joshimath in the Tapovan-Reni area of areas such as washes, rivers, dry lakes and Chamoli District and created massive flash depressions. floods in parts of Uttarakhand. • Flash floods are distinguished from regular • The glacial break led to a massive Flash floods by having a timescale of fewer than Flood in Dhauli Ganga and Alaknanda Rivers, six hours between rainfall and the onset of damaging houses and the nearby Rishiganga flooding. power project. • Local authorities have described it as a Reasons for a Flash Flood? glacial burst It may be caused by: • Scientists say this probably means that a • Heavy rain associated with a severe gigantic chunk of ice broke away from a thunderstorm, hurricane, tropical storm, or glacier and caused the water level in the • Melt water from ice or snow flowing over ice associated glacial lake to abruptly rise and sheets or snowfields possibly trigger a “moraine breach event” — • After the collapse of a natural ice or debris the breach of a natural dam made from rock dam, or and debris that has been holding the water • Collapse of a human structure such as a back. man-made dam • But it is unclear whether there was an avalanche in the area recently or whether the lake breach was the result of construction, anthropological activities, climate change, etc

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What is Glacial Lake Outburst Flood (GLOF)? • They result in large downstream river • Glacial lake outburst flood (GLOFs) is the discharges (which often increase by an order sudden release of water retained in a glacial of magnitude). lake. • Retreating glaciers, like several in the The moraine dams of a glacial lake can fail due to: Himalayas, usually result in the formation of • A buildup of water pressure or structural lakes at their tips, called proglacial lakes. weakness of boundary due to an increase in • Large lakes located in front of the glacier are the flow of water. mainly dammed by loose moraine (glacial • An earthquake (Tectonic) or cryoseism (non- debris left behind after the ice has tectonic seismic event of the glacial retreated) cryosphere) can also cause GLOF. During • Terminal moraines act as natural dams for this, the boundary of the glacial lake will these glacial lakes. collapse suddenly and release the water in • GOLF occurs when weak moraine dams the glacial lake. crumble and the stored water in the lake • An avalanche of rock or heavy snow: During burts out. this, the water in the glacial lake might be • GLOF is a release of meltwater which can be displaced by the avalanche. either from a moraine- or ice-dam glacial • Volcanic eruptions under the ice can also lake due to a dam failure. cause GLOF. These volcanic eruptions might • GOLF leads to massive floods and debris displace the boundary or increase the flows with potentially extensive damage pressure on glacial lake or both. downstream, including loss of life and infrastructure. • Heavy rainfall/melting of snow: This can

lead to massive displacement of water in a GLOFs have three main features: glacial lake. • They involve sudden (and sometimes cyclic) • Long-term dam degradation can also induce releases of water. GLOF. • They tend to be rapid events, lasting hours • Other reasons such as the collapse of an to days. adjacent glacial lake, etc.

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Way forward: • Trained Local Manpower: Apart from The National Disaster Management Authority specialized forces such as NDRF, ITBP, and (NDMA) had issued detailed guidelines on how to the Army, there is a need for trained local reduce and deal with disasters caused by GLOFs: manpower. These teams will assist in Prevention Measures planning and setting up emergency shelters, • Identify and Mapping Dangerous Lakes: distributing relief packages, identifying Potentially dangerous lakes can be missing people, and addressing the needs identified. This identification will be based for food, healthcare, water supply, etc. on field observations, past events, • Early Warning System: A robust early geomorphologic and geotechnical warning system in vulnerable zones should characteristics, etc. be put in place. • Use of Technology: It has recommended the use of Synthetic-Aperture Radar imagery. It Disaster Response Measures will automatically detect changes in water • Building disaster response procedures: bodies, including new lake formations, Response strategies need to consider a during the monsoon months. multi-hazard perspective, considering that • Structural Measures: It recommends access and evacuation routes, and relief reducing the volume of water with various camps could be damaged not only by GLOFs, methods to manage lakes structurally. but also other mountain hazard Methods are pumping or siphoning out • Trained Local communities as first water and making a tunnel through the responders: Training the local communities moraine barrier or under an ice dam. in search and rescue operations and ○ Example: In 2014, a landslide emergency relief measures, including occurred along Phuktal (tributary to logistics for medical treatment. . Such Zanskar river) in Kargil district of training and preparation should be Ladakh. It led to a potential flood undertaken at the local level through a situation. The NDMA created an suitably devised Incident Response System Expert Task Force which along with (IRS) coordinated by the local administration the Army used explosives to channel through the Emergency Operations Centers water from the river. It used (EOCs). controlled blasting and manual • Emergency medical response team: Quick excavation of debris for this purpose. Reaction Medical Teams, mobile field • Land Use Planning: Land use planning hospitals, Accident Relief Medical Vans, and regulations need to be developed. In heli-ambulances should be set up in areas downstream areas, Infrastructure inaccessible by roads. development should be monitored prior to, during, and after the construction. Rehabilitation Measures Constructions and development in High • Psychological Counselling: The guidelines prone areas should be prohibited. It is a very also call for psychological counseling of efficient means to reduce risks at no cost. victims.

Mould your thought: • What is Glacial Lake Outburst Flood (GLOF)? Discuss measures to prevent tragedies created by GLOF.

Approach to the answer: • Introduction • Define GLOF • Discuss the causes and effects of GLOF briefly • Mention the NDMA guidelines • Conclusion

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3. ECONOMY 3.1 Foreign Exchange Determination in India

Manifest pedagogy: The Reserve Bank of India has turned out to be the most active central bank among top emerging market countries this financial year, adding resilience to the rupee amid a virus-induced global economic crisis. RBI’s dollar stock swelled by about 20 percent to a record level during 2020, outpacing Indonesia, Malaysia, China, South Korea and South Africa, where local currencies performed better than the rupee again. The RBI is likely to spend at least $20 billion more to support the rupee and increase the forex kitty through the reminder of the financial year

In news: Forex intervention by RBI to touch $93 billion by March: Report

Dimensions: Farm Bills and Women Positive Impacts Negative Impacts Suggestions to make the bills beneficial for women

Content: • However this systems has some glaring Foreign exchange Rate & Exchange Rate Regimes: disadvantages • Foreign Exchange Rate is a price of one • For one, it puts a heavy burden on country currency in relation to other country governments to maintain exchange rates. currency During the time of deficits, for example, the • It is the amount of domestic currency that governments need to infuse a lot of money to must be paid in order to get a unit of foreign maintain the exchange rate. currency. • The foreign investors usually avoid investing • As per Purchasing Power Parity theory, the in such countries. They fear losing their foreign exchange rate is determined by the investments because the exchange rate may relative purchasing powers of the two not reflect the true value of the economy. currencies. • An exchange rate regime is the system that a Floating Exchange Rate country’s monetary authority, -generally the • In such a system, the true value of the central bank-, adopts to establish the exchange exchange rate is determined freely by the rate of its own currency against other market forces of demand and supply. currencies. • If due to any reason exchange rate fluctuates, • Each country is free to adopt the exchange- the government never intervenes and allows rate regime that it considers optimal, and will the market to function do so using mostly monetary and sometimes • This arrangement gives many advantages. even fiscal policies. • It helps in building trust among foreign investors as the exchange rate usually reflects Types of Exchange Rate Regimes are as follows: the true value of the domestic currency. Fixed Exchange Rate • In such cases a country can easily access • Under this system, the government or central funds/ loans from IMF and other international bank determines the official exchange rate by institutions. linking the exchange rate to the price of gold or • However, floating exchange rate systems can major currencies like the US dollar. be volatile. The exchange rate fluctuates a lot • The government also intervenes if the on a day to day basis. exchange rate fluctuates due to any reason and makes sure that equilibrium Managed Floating Exchange rate predetermined level is maintained. • Manage Floating exchange rate is the middle • The only merit of a fixed exchange rate system ground between the two extremes of fixed and is that it assures the stability of exchange rate. floating exchange rate. It prevents both currency appreciation and • This system merges the best of both systems. depreciation. Under normal circumstances, the exchange is

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allowed to move freely and determined by market forces (Demand and Supply). Pegged Regime (1971-1992): • But when a difficult situation arises, the central • India pegged its currency to the US dollar banks of the country can intervene to stabilize (1971-1991) and to pound (1971-75). the exchange rate. • After the breakdown of the Bretton Woods • Currently, India follows this system for system, the value of the pound collapsed, determining exchange rate of Indian rupee. and India witnessed misalignment of the There are different sub-categories under managed rupee. floating exchange rate as follows: • To overcome the pressure of devaluation Adjusted Peg System: India pegged its currency to a basket of • In this system, a country tries to hold on to a currencies. fixed exchange rate system for as long as it can, • During this period, the exchange rate was i.e. until the country’s foreign exchange officially determined by the RBI within a reserves get exhausted. nominal band of +/- 5 percent of the • Once the country’s foreign exchange reserves weighted average of a basket of currencies of get exhausted, the country should undergo India’s major trading partners. devaluation of currency and move to another equilibrium exchange rate. The period since 1991: Crawling Peg System: • The transition to market-based exchange rate • Here, a country keeps on adjusting its was in response to the BOP crisis of 1991. exchange rate to new demand and supply • As a first step towards transition, India conditions. introduced partial convertibility of rupee in • Instead of devaluing currency at the time of 1992-93 under LERMS. crisis, a country will follow regular checks at the exchange rate and when required Market-Based Exchange rate Regime (1993- till undertakes small devaluations. present): Clean Floating: • The LERMS was a transitional mechanism to • The exchange rate is determined by market provide stability during the crisis period. forces of demand and supply. • Once the stability is achieved, India transited • The exchange rate appreciates or depreciates from LERMS to a full flash market exchange as per market forces and with no government rate system. intervention. • It is identical to a floating exchange rate Liberalized Exchange Rate Management System (LERMS): system. • LERMS was introduced from March 1, 1992 Dirty Floating: under which the rupee was made partially • The exchange rate is to a very large extent convertible. determined by the market forces of demand • This Dual Exchange Rate System was and supply (so far identical to clean floating). introduced following the recommendations of • But occasionally the central banks of the the High Level Committee on Balance of countries intervene in foreign exchange Payments constituted under Chairmanship of markets to smoothen or remove excessive Mr. C. Rangarajan. fluctuations from the foreign exchange • This system combined official and market markets. determined exchange rates. Brief History of Exchange Rate Regimes in India • The objective was to encourage exporters and • India has evolved from a fixed exchange rate induce a greater inflow of remittances through regime at the time of independence to the proper channels as well as bring about greater market determined exchange rate regime. efficiency in import substitution. Par Value System (1947-1971): • Under the system, 60% percent of eligible • After independence India followed the ‘Par foreign exchange receipts such as exports Value System’. earnings or remittances was to be converted at • The rupee’s external par value was fixed with the market rate and the balance 40% at the gold and UK pound sterling. official rate of exchange. • This system was followed up to 1966 when the rupee was devalued by 36 percent.

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• Importers could obtain their requirements of other than a capital account transaction i.e. foreign exchange from authorized dealers at mostly of a revenue nature. Example – Exports, the market rate. Imports, Personal remittances, Gift, Income etc. • Because of certain weaknesses, this system was replaced by Unified Exchange Rate Key features of RBI’s forex strategy: System, in March 1993. • Reserve Bank of India Act and the Foreign • This unification was recommended as an Exchange Management Act, 1999 set the legal important step towards full current account provisions for governing the foreign exchange convertibility by the committee on balance of reserves. payments under the chairmanship of C • RBI endeavours to ensure a sound regulatory Rangarajan. framework for foreign exchange management • Under the unified rate system all foreign in an economic environment wherein the exchange transactions through authorized rupee is fully convertible for current account dealers out at market determined rate flows and is partly convertible for the capital exchange. flows. • The RBI however, did not relinquish its right • It adopts an approach of gradual liberalization to intervene in the market to enable orderly of capital account transactions, with an aim to control. manage internal shocks such as inflation and to Foreign Exchange Management Act (FEMA) 1999: encourage investments in the real sector to • The objective of FEMA is to facilitate external augment growth. trade and payments and to promote orderly • This, coupled with effective systems and development and maintenance of foreign procedures, reporting mechanisms, exchange market in India. surveillance enhances the chances of the • FEMA, 1999 extends to the whole of India. capital flows fostering sustainable economic • It is also applicable to all branches, offices and growth free of sudden disruptions. agencies located outside India, which are • This will also ensure a healthy integration of owned and controlled by a person resident in Indian economy with the world economy. India and also to any contravention committed outside India by any person to whom this Act Currency Convertibility applies. • Currency convertibility refers to the freedom • Contraventions of FEMA provisions are dealt to convert the domestic currency into other with under civil law for which separate internationally accepted currencies and vice administrative procedure and mechanism in the versa. form of Compounding Rules, Adjudicating • Convertibility in this sense is the obverse of Authority are put in place. controls or restrictions on currency transactions. Types of Transactions • Current account convertibility refers to • FEMA classifies all foreign exchange freedom in respect of ‘payments and transfers transactions into two broad categories viz. for current international transactions’ Current Account and Capital Account • Capital account convertibility would mean Transactions. freedom of currency conversion in relation to • A “capital account transaction” is a transaction capital transactions in terms of inflows and which outflows. • Alters the assets and liabilities outside India of a Forex reserves in India: person resident in India or • Reserve Bank of India accumulates foreign • Alters the assets and liabilities in India of a currency reserves by purchasing from person resident outside India. authorized dealers in open market operations. • Liabilities include contingent liabilities also. • Foreign exchange reserve forms the first line of • Example – Foreign Direct investment, Foreign defence to calm volatility in the forex markets Portfolio Investment External Commercial and provide adequate liquidity for “sudden Borrowings, Non-resident deposits, investment stop” or reversals in the capital flows. in immovable property, etc. • Foreign exchange reserves of India function as a cushion against rupee volatility once global • A “current account transaction” is a transaction interest rates start rising.

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• The RBI’s broad strategy for reserve Currency Assets (FCA) are maintained in major management including currency composition currencies. and investment policy is decided in • The foreign exchange reserves are consultation with the Government of India. denominated and expressed in US dollar terms. • The risk management functions are aimed at The Foreign exchange reserves of India consist of below ensuring development of a sound governance four categories: structure in line with the best international • Foreign Currency Assets practices, improved accountability, a culture of • Gold risk awareness across all operations, efficient • Special Drawing Rights (SDRs) allocation of resources and development of in- • Reserve Tranche Position house skills and expertise. • The risks attendant on deployment of reserves, Within the overall framework of reserve management, viz., credit risk, market risk, liquidity risk and the Reserve Bank focuses on: operational risk • Maintaining market’s confidence in monetary • The Reserve Bank regularly publishes data and exchange rate policies. relating to Foreign Exchange Reserves, its • Enhancing the Reserve Bank’s intervention operations in foreign exchange market, capacity to act in the event of undue volatility in position of the country’s external assets and the foreign exchange markets. liabilities and earnings from deployment of • Limiting external vulnerability by maintaining Foreign Currency Assets and gold through foreign currency liquidity to absorb shocks periodic press releases during times of crisis, including national Foreign reserves in Sep 2020 disasters or emergencies. • In 2020, reserves followed an increasing trend • Providing confidence to foreign investors that from USD 477.81 billion as at end-March 2020 all external obligations will be met, thus to USD 544.69 billion as at end-September reducing the costs at which foreign exchange 2020. resources are available to market participants. • Although both US dollar and Euro are • Adding to the comfort of market participants by intervention currencies and the Foreign demonstrating the backing of domestic currency by external assets.

Mould your thought: • How is foreign exchange rate determined in India? Also discuss the framework used by RBI for this purpose. Approach to the answer: • Introduction • Write about Managed float system in India • Write about FEMA and its use by RBI to manage Foreign Exchange Reserves • Conclusion

3.2 Grievances against Misleading Advertisements (GAMA)

Manifest pedagogy: Advertising plays a key role in marketing as most customers get lured into buying a certain product depending on how it is advertised. Sometimes the product being advertised may not even be of use to us, but when the advertisement is showcased in a very convincing way, one might as well want to give it a try. Thus, we are all somewhere and somehow victims of such misleading advertisements.

In news: Department of Consumer Affairs has launched this portal for registering online complaints for Grievances against Misleading Advertisements (GAMA)

Dimensions: What is a Misleading Advertisement? Problems owing to Misleading Advertisements Types of advertisements one can complain about Recourse Available

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Content:  They also tend to tempt the Consumers to buy What is a Misleading Advertisement? what he does not necessarily need.  In simple terms any advertisement that gives  Such Advertisements mould the needs of false information, making false claims or consumers to a large extent and influence contravening any other provision of the their social behavior. advertising code can be termed as a  Misleading and false advertising has harmful misleading advertisement. effects on the vulnerable sections of society,  It can be any advertisement or promotion namely, children, youth, and the poor. Many through Television, Radio, or any other of the advertisements are directed towards electronic media, Newspapers, Banners, children and the youth. They do not contain Posters, Handbills, wall-writing etc. any information about the product’s  The chief characteristics of suh Ads are nutritional value. o misrepresenting the nature,  In fact, many of the products advertised are characteristics, qualities or geographic habit-forming and provide little value for origin of goods, services or commercial money. activities  Ultimately, misleading advertisements cheat o misleading the consumer the consumer by exploiting the psycho-social vulnerabilities of people. The Consumer Protection Act, 2019  It received the assent of the President of India Grievances against Misleading Advertisements and was published in the official gazette on 9th (GAMA) August 2019. This New Act will replace the old  The Department of Consumer Affairs (DoCA) is Consumer Protection Act, 1986. one of the two Departments under the Ministry  As per Section 2(28) of the New Act, of Consumer Affairs, Food & Public Distribution. “misleading advertisement” in relation to any  The mandate of the Department is consumer product or service, means an advertisement, advocacy. which—  In its endeavour to address the problem of o falsely describes such product or service; misleading advertisements, the Department of or Consumer Affairs has launched this portal for o gives a false guarantee to, or is likely to registering online complaints for Grievances mislead the consumers as to the nature, against Misleading Advertisements (GAMA). substance, quantity or quality of such  Tackling Unfair Trade Practices and Misleading product or service; or Advertisements requires mobilization of all o conveys an express or implied agencies viz. State Governments, Voluntary representation which, if made by the Consumer Organizations (VCOs), Advertisement manufacturer or seller or service provider Standards Council of India (ASCI), Indian thereof, would constitute an unfair trade Institute of Public Administration (IIPA) and practice; or various Regulators of the Central Government. o deliberately conceals important  The focus will be on Six Key Sectors viz. Food & information Agriculture, Health, Education, Real Estate, Transport and Financial Services. Problems owing to Misleading Advertisements  Regulators for each of these sectors will be key  Advertising has a positive contribution on partners in the success of the effort to prevent consumers' thought processes and purchasing the problem. decisions.  But at same time one needs to recognize that Types of advertisements one can complain about: advertising has immense manipulative power  Consumers can complain to GAMA about and capacity to harm the consumer and the advertisements appearing in various media public interest. avenues.  Misleading and false advertisement often leads to increased distribution costs, resulting in increased selling price.

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 News Papers, hoardings, handbills, wall  Regulators will in turn take up the matter with writing as well as advertisements in the the concerned Company / Agency for remedial electronic media such as TV channels, radio action. All VCOs, regulators and DoCA will channels, internet sites etc. are some update the action taken by them regularly examples. through the web portal.  An aware Consumer can register a complaint  All unresolved complaints will be placed along with a copy / video / audio of such before the Inter-Ministerial Committee advertisement through the web portal constituted by the Department of Consumer  Complaint along with the copy / video / audio Affairs, for arriving at a logical conclusion. of such advertisement can also be submitted  Every complaint will be registered and a to the nearest Grahak Suvidha Kendra or Unique Complaint ID is issued. The designated Voluntary Consumer Organizations complainant can track the status of the (VCOs) who will in turn lodge grievance complaint using this ID. through the web portal  The complaint will be forwarded to the concerned regulator / authority for action An advertisement can be categorized as misleading if against those responsible for the misleading under the following conditions: advertisement. Action according to the  If it has misrepresentation, omission, or provisions of the existing law will be initiated. practice which misleads the consumer.  A consumer/complainant has an option to  If it has misrepresentation, omission, or appropriate District Consumer Fora / State practice which harms the business interests of Commission / NCDRC when a case is another company. subjudice.  False or misleading comparison of goods CONSUMER’S RIGHTS during the process of advertising.  The right to be protected against the marketing  Fraudulent use of another’s trademark, firm of goods and services which are hazardous to name, product labeling, or packaging. life and property.  Unauthorized use of confidential, scientific,  The right to be informed about the quality, technical, production, business, or trade quantity, potency, purity, standard and price of information. goods or services as the case may be, so as to protect the consumer against unfair trade Recourse Available under GAMA practices.  Regional Language and local complaints will be  The right to be assured, wherever possible, taken up by Grahak Suvidha Kendras / access to a variety of goods and services at Voluntary Consumer Organizations (VCOs) as competitive prices. the case may be with appropriate local  The right to be heard and to be assured that authorities. consumer’s interests will receive due  National level complaints would be forwarded consideration at appropriate fora. to the concerned regulator of the sector to  The right to seek redressal against unfair trade which the complaint pertains. Complaints practices for restrictive trade practices or would also be monitored for follow up action unscrupulous exploitation of consumers and by the Department of Consumer Affairs.  The right to consumer education.

Mould your thought: • What are misleading Advertisements? How are they harmful? Discuss recent initiatives of the government to tackle this issue.

Approach to the answer: • Introduction • Define Misleading ads and mention their characteristics • Write about their effects on consumers • Discuss GAMA and Consumer Protection Act 2019 • Conclusion

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3.3 Budget proposal for a bad bank

Manifest pedagogy: While the problem of bad loans has been a perennial one in the Indian banking sector, the COVID-19 pandemic-triggered lockdown last year and the moratorium subsequently extended to borrowers by the Reserve Bank of India (RBI) have worsened the crisis. With banks expected to report even more bad loans this year, the idea of a ‘bad bank’ has gained particular significance.

In news: Finance Minister’s Budget announcement to set up an asset reconstruction company (Bad Bank) to acquire bad loans from banks.

Dimensions: What is a bad bank? Stress test and NPAs in banks Pros and cons of Bad Banks Revival of credit flow post covid

Content: March 31, 2020, down significantly from over What is a Bad Bank? ₹10 lakh crore two years ago. • A bad bank is a financial entity set up to buy • But, analysts point out that it is mostly the non-performing assets (NPAs), or bad loans, result of larger write-offs rather than due to from banks and other financial institutions improved recovery of bad loans or a slowdown • Technically, a bad bank is an Asset in the accumulation of fresh bad loans. Reconstruction Company (ARC). • The size of bad loan write-offs by banks has • Once it is formed, banks divide its assets into steadily increased since the RBI launched its two categories -- one with non-performing asset quality review procedure in 2015, from assets and other risky liabilities and the other around ₹70,000 crore in 2015-16 to nearly ₹2.4 with healthy assets, which help banks grow lakh crore in 2019-20. financially. • Also the size of fresh bad loans accumulated by • The aim of setting up a bad bank is to help banks increased last year to over ₹2 lakh crore ease the burden on banks by taking bad loans from about ₹1.3 lakh crore in the previous off their balance sheets and get them to lend year. again to customers without constraints. • So, the Indian banking sector’s problems seem • After the purchase of a bad loan from a bank, to be far from over. the bad bank may later try to restructure and • Further, due to the lockdown imposed last sell the NPA to investors who might be year, the proportion of banks’ gross non- interested in purchasing it. performing assets is expected to rise sharply. • The objective is to ease the burden on banks, • FSR said that macro stress tests indicate that holding a large pile of stressed assets, and to the GNPA ratio of all scheduled commercial get them to lend more actively. banks may increase from 7.5 per cent in • A bad bank makes a profit in its operations if it September 2020 to 13.5 per cent by manages to sell the loan at a price higher than September 2021 under the baseline scenario. what it paid to acquire the loan from a • The GNPA ratio may escalate to 14.8 per cent commercial bank. under a severe stress scenario. This highlights • However, generating profits is usually not the the need for proactive building up of adequate primary purpose of a bad bank capital to withstand possible asset quality deterioration RBI Stress Test and NPAs in Banks: Global examples of Bad Banks • The idea of a bad bank gathered momentum • The idea of a bad bank has been tried out in after the RBI’s latest Financial Stability Report countries such as the United States, Germany, (FSR). Japan and others in the past. • According to RBI, the total size of bad loans in • The troubled asset relief program, also known the balance sheets of Indian banks has as TARP, implemented by the U.S. Treasury in declined over the last few years. NPAs at a the aftermath of the 2008 financial crisis, was gross level was just around ₹9 lakh crore as of modelled around the idea of a bad bank.

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• Under the program, the U.S. Treasury bought news for taxpayers, who will once again have troubled assets, such as mortgage-backed to foot the bill for bailing out troubled banks. securities, from U.S. banks at the peak of the • If Banks know that poor decisions could lead to crisis, and later resold them when market a bad bank bailout, they may take undue risks. conditions improved. Thus, the creation of the Bad Bank could lead • According to reports, it is estimated that the to Moral Hazard. Treasury through its operations earned • The safety net provided by a bad bank gives nominal profits. these banks more reason to lend recklessly, Pros and cons of Bad Banks: and thus, further worsen the NPA crisis. Advantages in setting up a bad bank are as follows: Revival of credit flow post covid • It helps to consolidate all bad loans of banks • Some experts believe that a bad bank can help under a single exclusive entity. free capital of over ₹5 lakh crore that is locked • The burden of recovering those loans is in by banks as provisions against the bad loans. reduced for the stressed banks and financial • This will give banks the freedom to use the institutions. freed-up capital to extend more loans to their • It can also help revive credit flow in the customers. economy. By taking bad loans off the books of • This gives the impression that banks have troubled banks, a bad bank can help free unused funds lying in their balance sheets that capital of over ₹5 lakh crore that is locked in by they could use if only they could get rid of their banks as provisions against these bad loans. bad loans. This will give banks the freedom to use the • However, banks’ reserve requirements for freed-up capital to extend more loans to their their capital position need to be taken into customers. account while assessing the credit flow • It could help banks feel more confident to situation. start lending again. • This is because the cause of lack of aggressive • As Bad banks main work is recovery they are lending by banks may not the lack of sufficient specialised in that. So, the speed of recovery reserves which banks need to maintain against will be more. their loans. • Bad banks can make profits as they usually • Instead, it may simply be the precarious capital keep a higher margin before acquiring the bad position that many public sector banks find loans. themselves in at the moment. Many critics have pointed to several problems with the • In fact, many public sector banks may be idea of a bad bank to deal with bad loans. They argue considered to be technically insolvent. that: • An accurate recognition of the true scale of • A bad bank backed by the government will their bad loans would show their liabilities as merely shift bad assets from the hands of far exceeding their assets. public sector banks to the hands of a bad bank, • So, a bad bank could help improve bank both of which are owned by the government. lending by improving banks’ capital buffers. • A mere transfer of assets from one pocket of • To the extent that a new bad bank set up by the government to another will not lead to a the government can improve banks’ capital successful resolution of the bad debts buffers by freeing up capital, it could help • a bad bank backed by the government is likely banks feel more confident to start lending to pay too much for stressed assets. It is bad again.

Mould your thought: • What is a Bad Bank? Identify the pros and cons of establishing a Bad Bank in Indian context. Approach to the answer: • Introduction • Define Bad Bank • Write about the NPA crisis and stress test results • Discuss the advantages of Bad Bank • Mentions the disadvantages • Conclusion

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3.4 Geographical Indication (GI)

Manifest pedagogy: Certain communities depend entirely on the market success of their indigenous products, and a GI tag provides recognition and protection of economic livelihoods. Products also become synonymous with cultural and geographical identity over time, embodying a history of craftsmanship, community, and civilisation.

In news: The Jammu and Kashmir Government recently sought GI tag for Gucchi mushroom.

Dimensions: What is GI? Recent recognition for Indian products Branding and packaging Means of value addition to rural economy Authorities involved in India and the World

Content: • Government has allotted GI Tags to Kashmir What is Geographical Indication? Saffron and Manipuri Black Rice (Chak Hao) • A geographical indication (GI) is a sign used on recently. products that have a specific geographical • The Government of India recently provided GI origin and possess qualities or a reputation Tag to Telia Rumal of Telangana and Sohrai that are due to that origin. Khovar painting of Jharkhand. • GIs have traditionally been considered to be • GI tags to 4 new products from 3 different Intellectual Properties (IP). states in August 2019. • In order to function as a GI, a sign must ○ Palani Panchamirtham in Palani Town, identify a product as originating in a given Tamil Nadu place. ○ Tawlhlohpuan from Mizoram • In addition, the qualities, characteristics or ○ Mizo Puanchei from Mizoram reputation of the product should be essentially ○ Tirur Betel leaf from Kerala due to the place of origin. • Bangalore rose onions were given a • Since the qualities depend on the geographical Geographical Indication tag in 2015. place of production, there is a clear link between the product and its original place of Branding & Packaging: production. • GI helps in establishing effective brands for • The use of a geographical indication, as an traditional crafts, agriproducts etc. This helps indication of the product's source, acts as a producers gain a competitive advantage in certification that the product possesses certain ‘buyer-driven’ global markets. qualities, is made according to traditional • Some globally recognised brands (California methods, or enjoys a good reputation due to almonds, Chilean wines, Swiss chocolates) its geographical origin. enjoy a high stature in their respective product groups. Recent recognition for Indian Products: • Branded items usually fetch better prices and • Presently, there are 370 registered GIs in India. can lead to brand loyalty, and are seen as a • Darjeeling tea became the first GI tagged move towards a strong customer base. product in India, in 2004–2005. • Branding adds value by differentiating the • Gucchi Mushroom from Jammu and Kashmir is product and also because of the consumer in the news as GI Tag is sought for it. It belongs perception that such products are of superior to the agriculture sector; while there are a few quality than unbranded ones. others from the handicraft sector for which GI • Two of India’s well-known GIs are Darjeeling tags are sought for. Those are – Basohli tea and Basmati rice. Pashmina & Painting, Tweed fabric, Loi • A geographical indication right enables those blankets from Kishtwar and Chikri craft. Hence, who have the right to use the indication to aspirants should know what a GI Tag is and prevent its use by a third party whose product what is its significance. does not conform to the applicable standards. • For example, in the jurisdictions in which the Darjeeling geographical indication is protected,

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producers of Darjeeling tea can exclude use of Means of value addition to Rural Economy: the term “Darjeeling” for tea not grown in their • A number of studies indicate that GIs can tea gardens or not produced according to the contribute to development in rural areas. standards set out in the code of practice for • The entitlement to use a GI generally lies with the geographical indication. regional producers, and the added value • However, a protected geographical indication • generated by the GI accrues therefore to all does not enable the holder to prevent such producers. someone from making a product using the • Because GI products tend to generate a same techniques as those set out in the premium brand price, they contribute to local standards for that indication. employment creation, which ultimately may • Protection for a geographical indication is help to prevent rural exodus. usually obtained by acquiring a right over the • In addition, GI products often have important sign that constitutes the indication. spin-off effects, for example in the areas of tourism and gastronomy. Difference between a geographical indication and • Geographical indications may bring value to a a trademark region not only in terms of jobs and higher • Geographical indications and trademarks are income, but also by promoting the region as a distinctive signs used to distinguish whole. In this regard, GIs may contribute to the • Goods or services in the marketplace. creation of a “regional brand.” • Both convey information about the origin of a • Products identified by a GI are often the result good or service, and enable consumers to of traditional processes and knowledge carried associate a particular quality with a good or forward by a community in a particular region service. from generation to generation. • Trademarks inform consumers about the • Similarly, some products identified by a GI may source of a good or service. They identify a embody characteristic elements of the good or service as originating from a particular traditional artistic heritage developed in a company. given region, known as “traditional cultural • Trademarks help consumers associate a good expressions”. or service with a specific quality or reputation, • The mere fact of developing a GI for a product • based on information about the company does not guarantee automatic success or responsible for producing or offering it. development for the region. • A trademark often consists of a fanciful or • For GIs to contribute to development, several arbitrary sign that may be used by its owner or conditions must be present in the region and in another person authorized to do so. the way in which the specific GI scheme is • A trademark can be assigned or licensed to designed. anyone, anywhere in the world, because it is linked to a specific company and not to a Authorities involved in India and the World: particular place. Geographical Indications Registry: • Geographical indications identify a good as • India enacted the Geographical Indications of originating from a particular place. Goods (Registration and Protection) Act, 1999. • Based on its place of origin, consumers may It came into force with effect from 15 associate a good with a particular quality, September 2003. characteristic or reputation. • This act was enacted in India so as to comply • The sign used to denote a GI usually with the TRIPS Agreement of the World Trade corresponds to the name of the place of origin Organisation (WTO). of the good, or to the name by which the good • This act is administered by Controller General is known in that place. of Patents, Designs and Trademarks of India • A GI may be used by all persons who, in the (who is under Department for Promotion of area of origin, produce the good according to Industry & Internal Trade, which is in turn specified standards. under the Ministry of Commerce & Industry). • However, because of its link with the place of • Geographical Indications Registry (hq: Chennai, origin, a GI cannot be assigned or licensed to TN) gives the GI tags in India. someone outside that place or not belonging • This registry is directly under the Controller to the group of authorized producers. General of Patents, Designs and Trademarks

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(CGPDTM)of India. So, in other words, CGPDTM of Intellectual Property Rights (TRIPS) gives the GI tags in India. Agreement • TRIPS address the international protection of WTO and TRIPS GIs within the framework of the World Trade • GIs have been defined under Article 22 (1) of Organization (WTO). the WTO Agreement on Trade-Related Aspects • The three main features of the Agreement are Standards Enforcement Dispute Settlement

Mould your thought: • What is Geographical Indication? How can it help in rural development in India? Approach to the answer: • Introduction • Define GI and discuss its features • Write about the potential of GI in rural economy • Conclusion

3.5 Food Security

Manifest pedagogy: The world now produces much more food than is required to provide everyone with an adequate diet, yet 840 million people - almost one person in seven - do not have enough to eat. Most of these people live in South Asia and sub-Saharan Africa. That hunger should still be such a massive problem in today’s world defies logical explanation.

In news: More evidence of India’s food insecurity

Dimensions: Hunger, undernourishment, malnutrition Types of food insecurity FAO pillars of food security Approaches to food security Food security act Programs and policies (poshan 2.0, one nation one card, computerisation of pds)

Content: Malnutrition: • Malnutrition results from deficiencies, excesses Hunger, Undernourishment & Malnutrition or imbalances in the consumption of macro- Hunger: and/or micronutrients. • Hunger is usually understood as an • Malnutrition may be an outcome of food uncomfortable or painful sensation caused by insecurity, or it may relate to non-food factors, insufficient food energy consumption. such as: • Scientifically, hunger is referred to as food ○ inadequate care practices for children, deprivation. ○ insufficient health services; and • Hunger which is a physiological condition ○ an unhealthy environment. experienced by an individual. • Malnutrition can refer to undernourishment, • It becomes chronic when the person does not overeating, overnutirion or nutrient deficiency consume a sufficient amount of calories (dietary energy) on a regular basis to lead a Undernourishment: normal, active and healthy life. • It is a subset of malnutrition that results from • All hungry people are food insecure, but not all undernutrition, and/or poor absorption. food insecure people are hungry. • There is a quantitative aspect of the word • This is because there are other causes of food under-nourishment as it implies that people in insecurity, including those due to poor intake a particular place or country do not have of micro-nutrients. access to enough food to eat.

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• According to FAO, undernourishment refers to the proportion of the population whose dietary Hidden Hunger energy consumption is less than a pre- • Even if a person consumes enough calories, determined threshold. this does not guarantee adequate intake of • This threshold is country specific and is essential micronutrients – vitamins, minerals measured in terms of the number of and trace elements. kilocalories required to conduct sedentary or • Micronutrient malnutrition – often called light activities. “hidden hunger” because it is not readily • The undernourished are also referred to as apparent from clinical signs of a wasted body – suffering from food deprivation. afflicts a far greater portion of humanity than • Under-nourishment can lead to diseases insufficient calorie intake. depending upon which of the important nutrients are lacking in the diet of the person. Types of food insecurity • It can gauged front he following symptoms: • A person is food insecure when they lack ○ Underweight: An underweight person is regular access to enough safe and nutritious a person whose body weight is food for normal growth and development and considered too low to be healthy. an active and healthy life. ○ Stunting: child short for their age as a • This may be due to unavailability of food result of chronic undernourishment and/or lack of resources to obtain food. Food during the most critical periods of insecurity can be experienced at different growth and development in early life. levels of severity. ○ Wasting: child’s weight is too low for • Food and Agriculture Organisation (FAO) their height as a result of acute measures food insecurity using the Food undernourishment Insecurity Experience Scale (FIES).

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The FIES scale categorises food insecurity under the • Mild Food Insecurity: following: ○ A household may worry about running

• Severe Food Insecurity: out of food. ○ When someone is severely food ○ However, there is no compromise on insecure, they have run out of food and quality and quantity. gone a day or more without eating. ○ In other words, they have most likely On the basis of duration of Food insecurity, Food experienced hunger. security analysts have defined following general ○ This is manifest in physical symptoms types of food insecurity: like stunting, arrested growth, muscle 1. CHRONIC FOOD INSECURITY: wasting etc. • It is long-term or persistent. • Here, people are unable to meet their • Moderate Food Insecurity: minimum food requirements over a sustained ○ For those who are moderately food period of time. insecure, access to food is uncertain. • It is caused by extended periods of poverty, They might have to sacrifice other basic lack of assets and inadequate access to needs, just to be able to eat. productive or financial resources. ○ When they do eat, it might be whatever • Solutions: typical long term development is most readily available or cheapest, measures also used to address poverty, such as which might not be the most nutritious education or access to productive resources, food. such as credit. They may also need more direct ○ The rise in obesity and other forms of access to food to enable them to raise their malnutrition is partly a result of this productive capacity phenomenon. Highly processed foods 2. TRANSITORY FOOD INSECURITY that are energy-dense, high in saturated • It is short-term and temporary. fats, sugars and salt are often cheaper • There is a sudden drop in the ability to produce and easier to come by than fresh fruits or access enough food to maintain a good and vegetables. nutritional status. ○ Eating those foods may mean daily • Short-term shocks and fluctuations in food requirements of calories are met, but availability and food access, including year-to- the person is missing essential nutrients year variations in domestic food production, to keep the body healthy and food prices and household incomes. functioning well. • Transitory food insecurity is relatively ○ In addition, the stress of living with unpredictable and can emerge suddenly. uncertain access to food and going • This makes planning and programming more periods without food can lead to difficult and requires different capacities and physiological changes that can types of intervention, including early warning contribute to overweight and obesity. capacity and safety net programmes ○ Children facing hunger, food insecurity 3. SEASONAL FOOD INSECURITY and undernutrition today may have a • It falls between chronic and transitory food higher risk of overweight, obesity and insecurity. chronic diseases like diabetes later in • It is similar to chronic food insecurity as it is life. usually predictable and follows a sequence of ○ In many countries, undernutrition and known events. obesity coexist and both can be consequences of food insecurity.

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• However, as seasonal food insecurity is of ○ It implies that an individual has enough limited duration it can also be seen as money to buy sufficient, safe and recurrent, transitory food insecurity. nutritious food to meet one's dietary • It occurs when there is a cyclical pattern of needs. inadequate availability and access to food. ○ Concerns about insufficient food access • This is associated with seasonal fluctuations in have resulted in a greater policy focus on the climate, cropping patterns, work incomes, expenditure, markets and opportunities (labour demand) and disease. prices in achieving food security objectives. FAO Pillars of Food Security: Food security exists when all people, at all times, have • Food Utilization: physical and economic access to sufficient safe and ○ Utilization is commonly understood as nutritious food that meets their dietary needs and the way the body makes the most of food preferences for an active and healthy life. various nutrients in the food. ○ Consumed food must have a positive Food Security has the following Dimensions: nutritional impact on people. • Food Availability: ○ It entails cooking, storage and hygiene ○ It means food production within the practices, individuals health, water and country, food imports and the previous sanitations, feeding and sharing years stock stored in government practices within the household. granaries is sufficient to meet the ○ Sufficient energy and nutrient intake by demands. individuals is the result of good care and ○ Food availability addresses the “supply feeding practices, food preparation, side” of food security and is determined diversity of the diet and intra-household by the level of food production, stock distribution of food. levels and net trade. ○ Combined with good biological utilization of food consumed, this • Food Accessibility: determines the nutritional status of ○ It means food is within reach of every individuals. person. It includes both conomic and ○ This brings out the importance of non- physical ACCESS to food food inputs in food security. ○ people must be able to regularly acquire adequate quantities of food, through • Food Stability: purchase, home production, barter, gifts, ○ To be food secure, a population, borrowing or food aid. household or individual must have

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access to adequate food at all times. Approach 1: Sustainable Agricultural Growth ○ They should not risk losing access to • They include investing in rural markets and food as a consequence of sudden shocks rural infrastructure. (e.g. an economic or climatic crisis) or • In general, the FAO proposes the use of public cyclical events (Seasonal food policies and programs that promote long-term unavailability). economic growth that will benefit the poor. ○ The concept of stability can therefore refer to both the availability and access Approach 2: Targeted programmes dimensions of food security. • To obtain short-term food security, vouchers State of Hunger in India: for seeds, fertilizer, or access to services could • According to FAO estimates in ‘The State of promote agricultural production. Food Security and Nutrition in the World, 2020 • The use of conditional or unconditional food or report, 189.2 million people are cash transfers was another approach the FAO undernourished in India. noted. • By this measure 14% of the population is • Conditional transfers could include school undernourished in India. feeding programs, while unconditional • Also, 51.4% of women in reproductive age transfers could include general food between 15 to 49 years are anaemic. Further distribution, emergency food aid or cash according to the report 34.7% of the children transfers. aged fewer than five in India are stunted (too • Another is the use of subsidies as safety nets to short for their age), while 20% suffer from increase the purchasing power of households. wasting, meaning their weight is too low for their height. The FAO stated that "approaches should be human • Malnourished children have a higher risk of rights-based, target the poor, promote gender death from common childhood illnesses such equality, enhance long-term resilience and allow as diarrhea, pneumonia, and malaria. sustainable graduation out of poverty. • The Global Hunger Index 2019 ranks India at 102 out of 117 countries on the basis of three The World Food Programme (WFP) leading indicators -- prevalence of wasting and • It is an agency of the United Nations that uses stunting in children under 5 years, under 5 food aid to promote food security and child mortality rate, and the proportion of eradicate hunger and poverty. undernourished in the population. • In particular, the WFP provides food aid to refugees and to others experiencing food Approaches to Food Security emergencies. United Nations MDG • It also seeks to improve nutrition and quality of • The UN Millennium Development Goals are life to the most vulnerable populations and one of the initiatives aimed at achieving food promote self-reliance. security in the world. The first Millennium Development Goal states that the UN "is to National Food Security Act: eradicate extreme hunger and poverty" by • The enactment of the National Food Security 2015. Act, (NFSA) 2013 on July 5, 2013 marks a • It advocates for a multidimensional approach paradigm shift in the approach to food security to food security challenges. from welfare to rights based approach. • This approach emphasizes the physical • It is being implemented in all the States/ UTs, availability of food; the social, economic and on an all India basis. physical access people have to food; and the • The Act legally entitled upto 75% of the rural nutrition, safety and cultural appropriateness population and 50% of the urban population to or adequacy of food. receive subsidized food grains under Targeted FAO Public Distribution System. The FAO has proposed a "twin track" approach to fight • About two thirds of the population therefore is food insecurity that combines sustainable covered under the Act to receive highly development and short-term hunger relief. subsidized food grains.

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• Food grains under NFSA were to be made • The Union Government launched the ‘One available at subsidized prices of Rs. 3/2/1 per Nation, One Ration Card’ scheme on a pilot kg for rice, wheat and coarse grains basis in four states in 2019. respectively for an initial period of three years • Under the existing system, a ration cardholder from the date of commencement of the Act can buy food grains only from the PDS in the (July 13, 2013). locality where he or she lives. • Thereafter, prices were to be fixed by the • The new ONORC system, based on a Central Government from time to time, but not technological solution, will identify a exceeding MSP. beneficiary through biometric authentication • The identification of beneficiaries by States/ on electronic Point of Sale (ePoS) devices UTs is a continuous process, which involves installed at the FPSs, and enable that person to exclusion of ineligible/ fake/ duplicate ration purchase the quantity of foodgrains to which cards and also exclusion on account of death she is entitled under the NFSA and migration and inclusion on account of birth • This scheme aims to ensure all beneficiaries, as also that of genuine left-out households. especially migrants get ration (wheat, rice and other food grains/NFSA food grains/benefits ) Programs and Policies in India across the nation from any Public Distribution Mission POSHAN 2.0 System (PDS) shop of their own choice • In order to strengthen nutritional content, • Presently, this system is seamlessly enabled in delivery, outreach, and outcome, the Union 32 States/UTs, covering about 69 Crore Budget has proposed merger of the beneficiaries (86% NFSA population) in these Supplementary Nutrition Programme and the States/UTs. Poshan Abhiyan. These will form the umbrella • Any citizen, who is declared under Below of Mission Poshan 2.0. Poverty Line (BPL) category will be eligible to • An intensified strategy to improve nutritional get the benefit of this scheme across the outcomes across 112 Aspirational Districts has country. been proposed under the recent Union Budget. End-to-End Computerization of TPDS Operations’ scheme • For alleviation of malnutrition, the • As part of efforts being made to bring in Government has announced Mission Poshan reforms in the Public Distribution System and 2.0 to strengthen nutritional content, delivery, to improve the distribution of foodgrains outreach and outcomes with focus on across the country, the Department of Food developing practices that nurture health, and Public Distribution, in association with all wellness and immunity to disease and States & UTs, is implementing a Plan Scheme malnutrition. on “End-to-end Computerisation of Targeted • Saksham Anganwadi and POSHAN 2.0 will Public Distribution System (TPDS) Operations”. cover the Integrated Child Development • It is being implemented to improve the Services (ICDS) Scheme – Anganwadi services; efficiency and transparency in Public national nutrition mission or POSHAN Distribution System (PDS) operations. Abhiyaan; scheme for adolescent girls; national • The scheme comprises digitization of ration crèche scheme. cards/beneficiary and other databases, online One Nation One Ration Card (ONORC) allocation, computerization of supply-chain • ONORC is an ambitious plan and endeavour of management, setting up of transparency portal the D/o Food & Public Distribution, and grievance redressal mechanisms. Government of India to introduce the nation- • The Scheme has been declared as a Mission wide portability of ration cards under the Mode Project (MMP) by the Government. National Food Security Act, 2013 (NFSA). National Informatics Centre (NIC) is the Technical Partner under the scheme. Mould your thought: • Protection of the wildlife sanctuary is, in fact, protecting the sustenance of people. Comment on the notification of ESZ and the controversies surrounding it.

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Approach to the answer: • Introduction • Elaborate the statement briefly • Mention what are ESZ • How they help to protect environment • Mention issues and concerns surrounding ESZ • Conclusion

3.6 Special Economic Zones

Manifest pedagogy: India was one of the first in Asia to recognize the effectiveness of the Export Processing Zone (EPZ) model in promoting exports, with Asia's first EPZ set up in Kandla in 1965. With a view to overcome the shortcomings experienced on account of the multiplicity of controls and clearances; absence of world-class infrastructure, and an unstable fiscal regime and with a view to attract larger foreign investments in India, the Special Economic Zones (SEZs) Policy was announced in April 2000.

In news: Evaluation of Special Economic Zones

Dimensions: Treatment in domestic territory and for purpose of taxation MAT and AMT Success and failures Current status of SEZs in India

Content: What are SEZs? The incentives and facilities offered to the units in SEZs • Special Economic Zone (SEZ) is a specifically for attracting investments into the SEZs, including foreign delineated duty-free enclave and shall be investment include:- deemed to be foreign territory for the • Duty free import/domestic procurement of purposes of trade operations and duties and goods for development, operation and tariffs. maintenance of SEZ units • In order words, SEZ is a geographical region • 100% Income Tax exemption on export that has economic laws different from a income for SEZ units under Section 10AA of country's typical economic laws. the Income Tax Act for first 5 years, 50% for • SEZs have access to duty-free imports of next 5 years thereafter and 50% of the manufacturing inputs because technically they ploughed back export profit for next 5 years. are considered to be outside of the country’s (Sunset Clause for Units will become effective domestic tariff area. from 01.04.2020) • Business units that set up establishments in an • Exemption from Central Sales Tax, Exemption SEZ would be entitled for a package of from Service Tax and Exemption from State incentives and a simplified operating sales tax. These have now subsumed into GST environment. and supplies to SEZs are zero rated under IGST • Besides, no license is required for imports, Act, 2017. including second hand machineries. • Other levies as imposed by the respective State • The Special Economic Zone (SEZ) policy in India Governments. first came into inception on April 1, 2000. • Single window clearance for Central and State • The prime objective was to enhance foreign level approvals. investment and provide an internationally competitive and hassle free environment for The major incentives and facilities available to SEZ exports. developers include:- • The idea was to promote exports from the • Exemption from customs/excise duties for country and realising the need that a level development of SEZs for authorized operations playing field must be made available to the approved by the BOA. domestic enterprises and manufacturers to be • Income Tax exemption on income derived competitive globally. from the business of development of the SEZ

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in a block of 10 years in 15 years under Section to fund various expenses for the welfare of the 80-IAB of the Income Tax Act. (Sunset Clause country. for Developers has become effective from • Hence, ensuring not to completely disrupt the 01.04.2017) intention of introducing such • Exemption from Central Sales Tax (CST). incentives/deductions by taking it away • Exemption from Service Tax (Section 7, 26 and indirectly and also to ensure levy of tax on such Second Schedule of the SEZ Act). zero tax/marginal tax companies, concept of Minimum Tax was introduced. The Special Economic Zones Act, 2005 • This was initially introduced for companies in • After extensive consultations, the SEZ Act, the name of ‘Minimum Alternate Tax (MAT)’ to 2005, supported by SEZ Rules, came into effect collect minimum tax to be paid by companies on 10th February, 2006. who are claiming profit linked deductions in • It provides for drastic simplification of such financial years (FYs) wherein normal tax procedures and for single window clearance on payable is lower than MAT. matters relating to central as well as state governments. Minimum Alternative Tax (MAT) • The SEZ Act 2005 envisages a key role for the • The Minimum Alternative Tax (MAT) is State Governments in Export Promotion and imposed on book profit of companies who creation of related infrastructure. record nil or negligible profit to pay the usual • A Single Window SEZ approval mechanism has corporate income tax. been provided through a 19 member inter- • The provisions of MAT are applicable to a ministerial SEZ Board of Approval (BoA). corporate taxpayer only. • The applications duly recommended by the • Under the original scheme, businesses in SEZs respective State Governments/UT were exempted from the minimum alternate Administration are considered by this BoA tax (MAT) on book profits and developers were periodically. exempted from payment of the dividend • All decisions of the Board of approvals are with distribution tax (DDT). consensus. • From 2011-12, MAT exemptions for SEZ units • The SEZ Rules provide for different minimum and developers were withdrawn and DDT land requirements for different classes of SEZs. exemptions for developers were terminated. • Every SEZ is divided into a processing area • Now, SEZ units should pay the Minimum where alone the SEZ units would come up and Alternative Tax (MAT). Currently MAT is levied the non-processing area where the supporting at 18.5% on the book profit of firms, with the infrastructure is to be created. effective rate over 21%, factoring in surcharges The main objectives of the SEZ Act are: and cess. • Generation of additional economic activity • Exemption from Dividend Distribution Tax • Promotion of exports of goods and services (DDT) under Section 115O of the Income Tax • Promotion of investment from domestic and Act was also withdrawn from 1.6.2011) foreign sources • Creation of employment opportunities Alternate Minimum Tax (AMT) • Development of infrastructure facilities • The provisions relating to AMT are applicable to non-corporate taxpayers in a modified MAT and AMT pattern in the form of Alternate Minimum Tax, • The Government has introduced various profit i.e., AMT. linked deductions and incentives in order to • AMT applies to a person (and not a company) encourage investment in various industries. • AMT is a minimum tax that is a leviable • Taxpayers who are eligible to claim such alternative to normal tax. deductions/incentives would become zero tax • Current Rate of AMT is 18.5% (plus applicable companies or may end up paying marginal tax surcharge and cess). though they are capable of paying normal tax. • AMT is a tax levied on ‘adjusted total income’ • The Government also needs regular/consistent in a FY wherein tax on normal income is lower inflow of tax which is one of its major revenues than AMT on Adjusted total income.

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Success and Failures of SEZ: adopting international best practices in trade facilitation. Following are some of the success stories of SEZ: ○ This is not the case at present. • Nokia Special Economic Zone (Telecom • Improper Site Selection Equipment SEZ) ○ Failure of local Indian politicians • Mahindra City SEZ (Apparel and fashion to select SEZ sites that offer accessories; IT/Hardware; Auto-ancillary) maximum development potential • Apache SEZ Development India Private Limited (Footwear SEZ) is seen as another reason • Reliance Jamnagar Infrastructure Limited ○ Site selection for SEZs has been guided (Multi-product SEZ) by self-serving agendas rather than considerations of growth and Reasons for failure of SEZ in India: development. • The unpredictability of the tax regime in India ○ Local politicians often influence ○ Predictability in taxation policies is bureaucrats at state-owned industrial essential for making the environment development corporations to secure conducive for investment, whether land for personal gains. foreign or domestic. ○ As such, sites for SEZs are selected based ○ The withdrawal of direct tax benefits has on real estate speculation rather than been a setback for the SEZ programme the economic potential of a region. and has affected its future prospects SEZs have taken a severe beating due to disruptions • Effect of FTAs caused by the pandemic. Export from SEZ units fell by ○ India has signed a number of free trade more than 50 per cent while more than a third of the agreements (FTAs), with countries such orders placed have been cancelled in April 2020 due as Sri Lanka, Japan and the Association to the pandemic, as per an internal survey carried out of Southeast Asian Nations (Asean), by the EPCES. under which import duties have been SEZs have attracted investments worth ₹5,32,631 slashed to zero for several product lines. crore so far and have provided direct employment to ○ This impacts local sales of SEZ units, over 21 lakh. Exports from SEZs increased from which are taxed at higher rates. ₹22,840 crore in 2005-06 to ₹7,01,179 crore in 2018- • Lack of complementary infrastructure 19 ○ A major reason for the success of SEZs in China was the creation of Current status of SEZs in India: complementary infrastructure, power, • There were 7 Central Government Special roads and ports; these are lacking in Economic Zones (SEZs) and 12 State/Private India. Sector SEZs prior to the enactment of the SEZs ○ Location, infrastructure, logistics and Act, 2005. professional zone management are four • In addition to that 416 proposals for setting up key factors determining success of SEZs. of SEZs in the country have been accorded ○ The SEZs have to be connected with formal approvals. ports and airports with world-class roads • Presently, 351 SEZs are notified, out of which and rail; ports and airports, too, have to 232 SEZs are operational. be world-class, with Customs authorities

Mould your thought: • What are Special Economic Zones? Evaluate the performance of SEZ in India?

Approach to the answer: • Introduction • Define SEZs • Discuss the objectives of SEZ • Mention successes of SEZs • Discuss the reasons for failures of SEZs in India • Conclusion

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3.7 Great Divergence

Manifest pedagogy: The shockwave of the COVID-19 pandemic and the lockdown measures taken to control it have severely contracted the global economy. IMF Managing Director Kristalina Georgieva urged advanced economies to provide more resources to low-income countries, warning of an emerging "Great Divergence" in global growth that could risk stability and trigger social unrest for years to come.

In news: We face the risk of 'Great Divergence’: IMF Chief

Dimensions: Post 1970s era and inequality Thomas Piketty and his study State of inequality in India in post reform era Steps taken for fighting inequality

Content: • Individuals owning over $100,000 in assets Post 1970s era and inequality make up less than 11 percent of the global • The Great Divergence is a term given to a population but own 82.8 percent of global period, starting in the late 1970s, during which wealth. income differences increased in the US and, to • Since 1980, the World Inequality Report data a lesser extent, in other countries. has shown that the share of national income • By the 19th century, Western Europe and going to the richest 1 percent has increased parts of North America had become rapidly in North America (defined here as the fabulously wealthy. Almost everywhere else United States and Canada), China, India, and was horribly poor. Russia and more moderately in Europe. • Economic historians refer to this as the “Great Divergence”. Thomas Piketty and his study • Inequality has been on the rise across the • Thomas Piketty is a French economist and globe for several decades. Professor of Economics • Some countries have reduced the numbers of • Piketty specializes in economic inequality, people living in extreme poverty. But taking a historic and statistical approach. economic gaps have continued to grow as the • His work looks at the rate of capital very richest amass unprecedented levels of accumulation in relation to economic growth wealth. over a two hundred year spread from the • Among industrial nations, the United States is nineteenth century to the present. by far the most top-heavy, with much greater • His novel use of tax records enabled him to shares of national wealth and income going to gather data on the very top economic elite, the richest 1 percent than any other country. who had previously been understudied, and to • The pandemic has exacerbated economic ascertain their rate of accumulation of wealth disparities across the globe. Oxfam reports and how this compared to the rest of society that from March 18 to the end of 2020, global and economy. billionaire wealth increased by $3.9 trillion. • His 2013 book Capital in the Twenty-First • By contrast, global workers’ combined earnings Century, relies on economic data going back fell by $3.7 trillion, according to the 250 years to show that an ever-rising International Labour Organization, as millions concentration of wealth is not self-correcting. lost their jobs around the world. • To address this problem, he proposes • According to the Credit Suisse Global Wealth redistribution through a progressive global tax Report, the world’s richest 1 percent, those on wealth with more than $1 million, own 44 percent of the world’s wealth. State of inequality in India in post reform era: • Their data also shows that adults with less than • India embarked on big-bang economic reforms $10,000 in wealth make up 56.6 percent of the 30 years back in 1991. world’s population but hold less than 2 percent • GDP growth has been much higher in the post- of global wealth. reform period.

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• A World Bank study by Gaurav Datt and others, Steps taken for fighting inequality shows that poverty declined by 1.36 Higher economic growth, agriculture growth, rural percentage points per annum after 1991, non-farm employment, increase in real wages for rural compared to that of 0.44 percentage points labourers, employment in construction and per annum prior to 1991. programmes contributed to higher poverty reduction • Their study shows that among other things, in the 2000s compared to the 1990s. urban growth is the most important contributor to the rapid reduction in poverty Some of the important schemes for reducing inequality even though rural areas showed growth in the include: post-reform period. 1. Mahatma Gandhi National Rural Employment • Also in the post-reform period, poverty Guarantee Act (MGNREGA) declined faster in the 2000s than in the 1990s. • Provides a legal guarantee for one hundred • The official estimates based on Tendulkar days of employment in every financial year to committee’s poverty lines shows that poverty adult members of any rural household willing declined only 0.74 percentage points per to do public work-related unskilled manual annum during 1993-94 to 2004-05. But work at the statutory minimum wage. poverty declined by 2.2 percentage points per • aims at addressing causes of chronic poverty annum during 2004-05 to 2011-12. through the works (projects) that are • Around 138 million people were lifted above undertaken, and thus ensuring sustainable the poverty line during this period. This development. indicates the success of reforms in reducing poverty. 2. National Urban Livelihoods Mission (NULM) • The poverty of Scheduled Castes and • It aims to reduce poverty and vulnerability of Scheduled Tribes also declined faster in the the urban poor households. 2000s. • It tries to enable them to access gainful self- • The Rangarajan committee report also showed employment and skilled wage employment faster reduction in poverty during 2009-10 to opportunities. 2011-12. • The mission would aim at providing shelter • However, the evidence shows that inequality equipped with essential services to the urban increased post 1991. homeless in a phased manner. • The Gini coefficient measured in terms of • In addition, the Mission would also address consumption for rural India increased livelihood concerns of the urban street vendors marginally from 0.29 in 1993-94 to 0.31 in by facilitating access to suitable spaces, 2011-12. institutional credit, social security and skills to • There was a significant rise in the Gini the urban street vendors for accessing coefficient for urban areas from 0.34 to 0.39 emerging market opportunities. during the same period. • If we use income data from the National 3. Atmanirbhar Bharat Rojgar Yojana (ABRY) Council of Applied Economic Research’s India • A scheme to boost creation of new jobs in the Human Development Survey, the Gini formal sector through support of EPF coefficient in income (rural+urban) was 0.52 in contributions by the Central Government for 2004-05 and increased to 0.55 in 2011-12. new employees. • In other words, inequality is much higher in • As part of the package Atma Nirbhar Bharat India if we use income rather than Rozgar Yojana (ABRY) Scheme is announced to consumption. incentivize creation of new employment and • If we consider non-income indicators like restoration of loss of employment during the health and education, inequalities between the COVID pandemic. poor and rich are much higher. • Under this, Government of India will provide subsidy for two years in respect of new employees engaged on or after 1st October, 2020 and up to 30th June, 2021. • Government will pay both 12% employees’ contribution and 12% employers’ contribution

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• i.e. 24% of wages towards EPF in respect of new employees in establishments employing • upto 1000 employees for two years. • The Scheme is available to all street vendors • Government will pay only employees’ share of engaged in vending in urban areas as on or EPF contribution i.e. 12% of wages in respect of before March 24, 2020. new employees in establishments employing • Urban street vendors will be eligible to avail a more than 1000 employees for two years. working capital (WC) loan of up to 10,000 with tenure of 1 year and repaid in monthly 4. PM Street Vendor’s AtmaNirbhar Nidhi (PM instalments. SVANidhi): • No collateral will be taken by the lending • It was launched by the Ministry of Housing and institutions. Urban Affairs on June 01, 2020 for providing • On timely or early repayment, the vendors will affordable working capital loan to street be eligible for the next cycle of working capital vendors to resume their livelihoods that have loan with an enhanced limit. been adversely affected due to COVID-19 • No prepayment penalty will be charged from lockdown. the vendors for repayment before the scheduled date. Mould your thought: • What is great divergence? Evaluated the status of inequality in India post 1991 reforms.

Approach to the answer: • Introduction • Define great divergence • Discuss the poverty and inequality in India after 1991 • Discuss the measures taken by the government • Conclusion

3.8 Sabka Sath - Sabka Vikas - Sabka Vishwas

Manifest pedagogy: Prime Minister Narendra Modi said 'Sabka Saath, Sabka Vikas, Sabka Vishwas' is the "basic mantra" of the government in its mission to work for the country and its development. ‘Together, for everyone’s growth, with everyone’s trust’ also resonates with the core SDG principle of leaving no one behind.

In news: ‘Sabka Saath, Sabka Vikas Sabka Vishwas’ to Help India: PM Modi

Dimensions: Development for all framework Transformative architecture Achievements to date Road ahead

Content: ○ Soft Assets: like Education, Skill Building, Development for all frameworks: Judicial system, Regulatory Institutions, • This framework aims to ensure a better life for and Entrepreneurial Ecosystem all. For this, the benefits of development The core principles of the framework are: should reach the poorest. • Pro-Poor: Povert eradication as a moral • The strategy of “Development for All imperative Framework’ is to build India’s productive • Pro-Market: Pro COmpetition and innovation capacity through an investment-driven suppl- • Empowerment not entitlement side Approach • Minimum government maximum governance • The strategy is hinged on building - Rule based, Policy driven decision making ○ Hard Assets: Like transportation, • Strengthen Team India - through Cooperative manufacturing, Power, Housing and Federalism Telecom

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Transformative Architecture Achievements to date: The architecture of the ambitious goal will be on the Development for All following pillars: • Banking for All • Sabka Saath Sabka Vikas ○ Jan Dhan Yojana Serving the Banking ○ Poverty Eradication (Garibon ka Needs of the Unbanked uddhaar): through universal social ○ 34.03 Crore Jan Dhan Accounts Opened security, Food security and housing for ○ India Post Payments Bank takes the all banking system to the doorstep of the ○ Sustainable Agriculture (Kisaan ki poor & unbanked. Over 1.25 Lakh Access Samriddhi): through enhancing Points rolled out in 4 months agricultural productivity, crop insurance ○ Direct Benefit Transfer Ensuring Money & financing and Minimum Support Prices in Account, Removing Middlemen (MSP) ○ Massive Employment Generation • Insurance to poor (Yuvaon ko Rojgaar): through Make in ○ 14.64 crore persons insured under PM India, Skill India, Start-up Stand-up India Suraksha Bima Yojana at ₹12 per year and MUDRA ○ PM Jeevan Jyoti Bima Yojana benefitted ○ Improving Quality of Life (Ek Behtar 5.67 crore families at ₹330 per year Zindagi): Through mitigating ○ Financial security of senior citizens with Environemnt & Climate change, smart PM Vaya Vandana Yojana, gives 8% cities, transportation and Swachh Bharat interest for 10 years. Investment limit Abhiyan doubled to ₹15 lakh and scheme • National Development ( Desh Ki Pragati) extended till 2020 ○ Building infrastructure through public • Sanitation for all investments ○ Swachh Bharat Mission Brings about a ○ Robust financial system Sanitation Revolution ○ Transparent and Predictable tax regime ○ Rapid construction of toilets ensuring ○ Cooperative federalism dignity of women & eradicating open • Governance Reforms defecation

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○ Over 5.48 lakh Villages in 27 States & Facilitating farmers for installing solar UTs declared Open Defecation Free water pumps in field irrigation ○ Sanitation coverage increased from ○ Urea 100 % Neem Coating resulted in 38.70% in 2014 to 98.82% at present improvement in soil health, reduction in pest and disease attack. Sustainable Agriculture ○ This Led to Increased Nitrogen Use • Increased Budgetary Allocation Efficiency and increased crop yield ○ Farm Credit Target raised to ₹11 lakh ○ Significant increase in Urea Production crore for 2018-19 with New Urea Policy ○ ₹2,000 cr for Agri-market infrastructure fund set up • Farmer Income Support ○ Corpus of ₹10,000 cr to create ○ PM Kisan Samman Nidhi Yojana (PM- infrastructure in fishery, aquaculture and KISAN): 12 crore marginal farmers to be animal husbandry sectors provided with yearly income of ₹6000 ○ ₹1,290 cr allocated under National ○ Interest subvention of 2% during disaster Bamboo Mission to help setting up small to be provided industries ○ 2% interest subvention for Animal husbandry & Fisheries activities; • Crop Insurance additional 3% in case of timely ○ Relief to farmers in distress given in case repayment of 33% and more damage to the crop; earlier it was for 50% Road ahead: ○ For food grains damaged due to The development agenda has a long way to go to excessive rainfall, full minimum support achieve the intended targets. SOme of the important price to be paid areas of concern are as follows: ○ Families of the deceased persons to be • Affordable housing for all specially for poor and given an assistance of ₹4 lakhs, up from urban middle class ₹2.5 lakhs • Deepening and Expansion of social security ○ 82% rise in provision under SDRF during schemes to reach all marginalised sections of 2015-20, as compared to 2010-15. It the society went up to ₹61,220 Crore from • Strengthening agriculture through market ₹33,580.93 Crore reforms and better irrigation • Banking reforms and enhancing resiliency of • Fertilizer and Irrigation financial system from systemic risks like rising ○ Pradhan Mantri Krishi Sinchai Yojana: NPAs Over 32.47 lakh hectare covered under • Simplification of the Goods and Service Tax micro irrigation since 2015-16 and (GST)

Mould your thought: • What is great divergence? Evaluated the status of inequality in India post 1991 reforms.

Approach to the answer: • Introduction • Define great divergence • Discuss the poverty and inequality in India after 1991 • Discuss the measures taken by the government • Conclusion

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4. ENVIRONMENT 4.1 Right of Passage for Animals

Manifest pedagogy: All elephant corridors across India are affected by development activities and human interference in one way or the other. In this context, the Madras High Court directing the State government and the Principal Chief Conservator of Forests (PCCF) to come up with a plan to ensure the right of passage to elephants and, consequently, avoid frequent man-animal conflicts in Coimbatore forest division, gains importance from UPSC point of view.

In news: Ensure right of passage to elephants in forest division: Madras HC

Dimensions: Habitat Fragmentation Elephant Corridors and different wildlife corridors in India Green Highways Global Best Practices • This crowding effect is bad for all the species as well, as they no longer enjoy the same living Content: conditions. Habitat Fragmentation: • Habitat fragmentation is that process that cuts Causes of Habitat Fragmentation include the big habitats into smaller pieces of land that following: get isolated from each other. Natural Causes • Each of these pieces constitutes a habitat by • Habitats can be fragmented because of itself, but they no longer interact with each numerous natural reasons. other like they did when they were all part of • Out of them, volcanic eruptions, fire, and the same ecosystem. change in climate are the three major natural • Habitat fragmentation is not only responsible factors that lead to the onset of habitat for change in the characteristics of a fragment fragmentation. but also causes extinction of many species. • To put it simply, Habitat Fragmentation is like a 1. Man Made causes wall between a species and its food or place • Humans are directly responsible for rapid and of reproduction. fast habitat fragmentation. • This prevents the species in question from • Some of the ways in which humans trigger reaching these vital places, which threatens fragmentation are urbanization, rural their survival skills. development and claiming new agricultural • The creatures should adapt to the new lands, logging and cutting down forests, conditions, and find ways to survive without construction of roads and railway tracks, some important resources. development of housing projects, building • These changes they need to undergo can be water reservoirs and so on. too drastic, as they might suffer a forced evolution. In many cases, the creatures cannot • Judicial Views on Right of Passage of the adapt to these conditions, so their numbers Animals suffer massive drops. • Recently, the Supreme Court (SC) upheld the • Whenever a region suffers habitat 2011 order of the Madras High Court (HC) on fragmentation, the edge effect occurs. This the Nilgiris elephant corridor, affirming the means the newly created edge of the habitat right of passage of the animals and the closure becomes less friendly for the species that of resorts in the area. populate it. • In 2011, the Madras HC upheld the validity of • As a result, they start withdrawing towards the Tamil Nadu government’s notification (of the center, so the living space gets even 2010) declaring an ‘Elephant Corridor’ in the smaller. Sigur Plateau of Nilgiris District.

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• It said that the government is fully empowered • Corridors also help facilitate the re- under the 'Project Elephant' of the Union establishment of populations that have been government as well as Article 51 A(g) of the reduced or eliminated due to random events Constitution to notify the elephant corridor in (such as fires or disease). the state’s Nilgiris district. • This may potentially moderate some of the • Article 51 A(g) states that, it shall be the duty worst effects of habitat fragmentation, of every citizen of India to protect and improve wherein urbanization can split up habitat the natural environment including forests, areas, causing animals to lose both their lakes, rivers and wildlife and to have natural habitat and the ability to move compassion for living creatures. (Fundamental between regions to use all of the resources Duties) they need to survive. • Further, it upheld directions to the resort • Habitat fragmentation due to human owners and other private landowners to vacate development is an ever-increasing threat to lands falling within the notified elephant biodiversity, and habitat corridors are a corridor. possible mitigation. • It’s the State’s duty to protect a “keystone • There are about 100 elephant corridors in India species” like elephants, which are immensely of which almost 70% are used regularly. important to the environment. • 75% of the corridors are in the southern, • Keystone species, in ecology, a species that has central and north-eastern forests. a disproportionately large effect on the • There are an estimated 6,500 elephants in just communities in which it lives. the Brahmagiri-Nilgiris-Eastern Ghats ranges. • Elephant corridors allow elephants to continue their nomadic mode of survival, despite Some of the important Wildlife corridors in India are as shrinking forest cover, by facilitating travel follows: between distinct forest habitats. These 1. Kanha Pench corridor in the Satpura Maikal corridors play a crucial role in sustaining Landscape wildlife by reducing the impact of habitat • Central India holds a large percentage of the isolation. tiger population and the Satpura Maikal • The court also allowed the formation of a Landscape (‘SML’) is a global priority committee led by a retired HC judge and two landscape for tiger conservation. other persons to hear the individual objections • The area is rife with development, of resort owners and private landowners infrastructure and mining projects leading to within the corridor space. widespread habitat fragmentation. • However, during the hearings, the SC opined • The Kanha-Pench (K-P) corridor complex that the area is a fragile ecosystem, where the harbours around 120 tigers creating a healthy will of men must give way to elephants. metapopulation of tigers in central India, along with other critical flora and fauna. The Elephant Corridors and different wildlife corridors in landscape also supports diverse land use, India: forest protection regimes and traditional • Wildlife corridors, used by various species to forest-dwelling tribal communities migrate, breed and feed, are increasingly • Human–wildlife conflict is not the biggest becoming relevant as essential tools for wildlife threat in the region. conservation. • The functional status of various corridors • A wildlife corridor, habitat corridor, or green within central India is rapidly declining with corridor is an area of habitat connecting increased threats of development projects, wildlife populations separated by human linear infrastructure and the changing socio- activities or structures (such as roads, economic status of the communities living development, or logging). within and around the corridors • This allows an exchange of individuals between • Infrastructure development in the last decade populations, which may help prevent the has become a major threat to the corridor. negative effects of inbreeding and reduced National Highway-7 (NH 7) is a major barrier genetic diversity (via genetic drift) that often for animal movement in the corridor. occur within isolated populations. Numerous road-kill accidents have been documented in the area,

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• Another threat to the K-P corridor is the well-known Tiger Reserves and Protected proposed broadening of a narrow-gauge Areas such as Corbett Tiger Reserve, Rajaji railway track from Nainpur to Balaghat; this National Park, Dudhwa Tiger Reserve, Valmiki will severely impact the corridor. Tiger Reserve and Nepal’s Bardia Wildlife

Sanctuary, Chitwan National Park, and Sukhla 2. Kilpura Khatima Surai Corridor in the Terai Phanta Wildlife Sanctuary. Arc Landscape • In total, the landscape has 13 Protected Areas • The Terai Arc Landscape (‘TAL’) spreads across (PAs), nine in India and four in Nepal 810 km of the Indian states of Uttarakhand, • The Kilpura Khatima Surai (‘KKS’) is a critical Uttar Pradesh and Bihar, and the low-lying hills corridor that connects Corbett National Park to of Nepal. other source areas. • The landscape boasts of some of India’s most • It is the only tiger corridor that connects

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Uttarakhand and Uttar Pradesh and the last • Assam receives a lot of rainfall during the remaining connectivity between the tiger monsoons, and each year KNP is flooded populations of lower Himalayas and Terai. forcing wildlife to take refuge in the Karbi • Apart from being a priority tiger corridor, KKS is Anglong Hills southwards, which is across the also among the ‘Priority II Elephant corridors’ highway. • The region has seen rapid transformation from • A number of animals are killed on the road dense wilderness and malarian forests, into a each year due to speeding traffic. largely agrarian area with a densely populated • While judicial intervention has led to a landscape dominated by fields of wheat, rice considerable decline in encroachments and and sugarcane, interspersed with roads and illegal construction in the landscape. railway networks. • However, a faulty environment and forest • Today less than two per cent of the contiguous clearance system needs to be evaluated by the natural habitat remains protected as PAs. state authorities. • As the needs of a growing economy increase, protection of wildlife corridors now rests on 4. Nilgiris Elephant Corridor: mitigation measures like over and under passes • The corridor is situated in the ecologically to ease the movement of wildlife fragile Sigur plateau, which connects the Western and the Eastern Ghats and sustains 3. Kaziranga–Karbi Anglong Landscape elephant populations and their genetic • The Kaziranga–Karbi Anglong Landscape (KKL) diversity. in the central part of Assam is an area. • It is situated near the Mudumalai National • It connects Kaziranga National Park (KNP) and Park in the Nilgiris district. Karbi Anglong (KA) hills forming a critical • It has the Nilgiri hills on its southwestern side corridor network. and the Moyar river valley on its northeastern • KNP is a world heritage site and home to two- side. The elephants cross the plateau in search thirds of the world’s population of the one of food and water. horned rhino • NH 37, which divides the low-lying areas of Green Highways: Kaziranga and the hills of Karbi Anglong is one • A green highway is a roadway constructed per of the primary concerns in KKL. a relatively new concept for roadway design

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that integrates transportation functionality ○ habitat connectivity (connectivity which and ecological sustainability. focuses on the habitat needs of certain • An environmental approach is used species),

throughout the planning, design, and the ○ Ecological connectivity (which focuses construction. on connectivity that facilitates • The result is a highway that will benefit ecosystem function) and transportation, the ecosystem, urban growth, ○ Evolutionary process connectivity public health and surrounding communities. (which emphasizes the retention of • Structures like wildlife crossings along the opportunities for the retention of roadways allow animals to cross human-made species) barriers safely. • Buffer zones adjacent to or around protected • Micro-forests and urban forests are also areas: to embed a protected area in a created near the highways and roads. landscape or seascape that will support conservation: e.g., negotiating with farmers to Global Best Practices: switch to shade-based coffee to provide forage • Restoration beyond the borders of a protected opportunities for woodland birds area may be needed to foster links between • Corridor linkages between protected areas: to isolated protected areas: an application of allow movement of species and thus genetic connectivity conservation interchange and migration of ranges as species • This is regularly achieved through large adapt to a changing climate: e.g., working with corridors. service providers, real-estate developers, • Connectivity conservation in large corridors forest managers or farmers to ensure the recognizes and promotes the following: restoration of linking corridors of trees or other ○ Landscape connectivity (the spatial suitable vegetation. Most corridor analyses are interconnectedness of vegetation), based on current habitat, but restoration scientists can sometimes identify the effort required to restore degraded areas, thus

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increasing opportunities for connectivity in • Ecological stepping stone linkages between such analyses. protected areas (often these are parts of • Corridors): to ensure that migratory mammals, • Support is often built gradually, through birds and insects have resting and feeding stakeholder engagement, honest explanation locations spaced so as to ensure their safe of the costs and benefits, and the personal passage. relationships that grow up over time • Landscape/seascape mosaic: to link various • In general, efforts to restore the structure, habitats into a viable and more functional function, and composition of reference ecosystem. This involves planning at a larger habitats, and to remove or overcome barriers scale to make sure that there are no important to movement such as dams, highways and high elements missing from the ecosystem and density development will contribute to restoring them when necessary. landscape and seascape connectivity. • Restoration performance outcomes may also Evaluation of these measures be assessed as part of a larger corridor • Connectivity conservation goals inspire management effectiveness assessment. additional challenges for restoration, and Ecological restoration: is the process of assisting external partnerships are usually needed such the recovery of an ecosystem that has been as protected area managers working with degraded, damaged, or destroyed. other managers, communities and landowners, and particularly with those authorities that Protected area: A clearly defined geographical govern land/water-use planning and decision- space, recognized, dedicated and managed, through making. legal or other effective means, to achieve the long- • In practice, success or failure usually rests on term conservation of nature with associated the extent to which communities and ecosystem services and cultural values stakeholders are actively engaged.

Mould your thought: • How does Habitat Fragmentation affect ecosystems? Discuss the methods that could be used to mitigate its adverse effects. Approach to the answer: • Introduction • Define Habitat Fragmentation • Mention its harmful effects • Give examples from Indian context • Write about restorative measures for enhancing connectivity • Conclusion

4.2 Green Tax and Scrappage Policy

Manifest pedagogy: Vehicle scrappage programs have been around since the global recession that began in the year 2008. Governments in association with vehicle manufacturers from across the globe have been implementing car scrapping policy to ensure an increase in sales of new vehicles, remove inefficient vehicles from the roads and reduce air pollution.

In news: ‘Green tax’ mooted for personal vehicles older than 15 years

Dimensions: Provisions of the Policy Benefits Problems Suggestions

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Content: Benefits of the Policy: • The Union Minister for Road Transport and The policy is expected to benefit the environment Highways Nitin Gadkari has approved a and the economy as follows: proposal to levy a ‘green tax’ on old vehicles. • First and foremost benefit is cleaner air. As • Union Finance Minister Nirmala Sitharaman, in inefficient vehicles will be taken off the roads, her Budget speech for 2021- 22 has proposed a the air pollution levels will decrease. Today, vehicle scrapping policy. commercial vehicles make up 5% of the vehicle • The proposal will now go to the States for fleet but contribute an estimated 65-70% of consultation before it is formally notified. total vehicular pollution. • Vehicle scrapping will ensure removal of old Provisions of the Policy: vehicles and an increase in sales of new • Owners of old vehicles will have to pay the vehicles in India. government a ‘green’ tax as a penalty for • With the increased sale of new vehicles with polluting the environment. advanced safety features, commuting on • The tax will be much steeper for residents of Indian roads will become a lot safer. the more polluted cities in India. • The government is setting up authorised • It also proposes differential tax depending on vehicle scrapping facilities, this will in-turn fuel (petrol/diesel) and type of vehicle. generate huge employment opportunities in • Vehicles will undergo a fitness test in India. automated fitness centres after 20 years in • Vehicle scrapping will be a major breakthrough case of personal vehicles and after 15 years in for the raw and precious metal recycling case of commercial vehicles industry in India. This leads to recovery of • It includes 10-25% of road tax on transport steel, aluminium, plastic and so on for recycling vehicles older than eight years at the time of • It will also reduce fuel use and thereby renewal of fitness certificate. petroleum imports. The BEE estimates that • A steeper penalty of up to 50% of road tax for higher efficiency norms could result in a fuel older vehicles registered in some of the highly use reduction of 22.97 million tons by 2025 in polluted cities in the country is also proposed. India. • Vehicles of government departments and public sector units that are older than 15 years Government initiatives for efficient Passenger will be deregistered and scrapped. Vehicles • The policy provides exemptions to farm • In 2016, India notified the Corporate Average equipment such as tractors, harvesters and Fuel Economy (CAFE) Standard for passenger tillers; and greener technologies such as vehicles to boost efficiency. hybrid, electric, ethanol, liquefied petroleum • Passenger vehicles with not more than nine gas (LPG) and compressed natural gas (CNG)- seats and weighing less than 3,500 kg were powered vehicles. covered from April 1, 2017. • Green tax funds are to be kept in a separate • The average fuel consumption standard is account to help States measure pollution and given by the Power Ministry’s Bureau of Energy tackle it. Efficiency (BEE) as less than 5.49 litres per 100 • The policy scheduled to come into effect from km. April 1, 2022. • A second round of tighter efficiency norms is scheduled for 2022. In 2016, the Centre had floated a draft Voluntary • Separate standards for light, medium and Vehicle Fleet Modernisation Programme that aimed heavy commercial vehicles also exist. to take 28 million decade-old vehicles off the road. • CAFE also regulates CO2 emissions, while other A panel of secretaries suggested the scheme may pollutants such as carbon monoxide, oxides of combine a phased regulatory approach for capping nitrogen and sulphur are covered by Bharat the life of vehicles along with stricter emission Stage fuel standards. norms. Challenges of the policy: • The scheme relies on penal taxation to persuade owners to scrap their old vehicles, with no cash-for-trade-in arrangement. For this

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Approach to work efficiently, the additional tax increase of 58%, and upgraded vehicles proposed should exceed the resale value of the generally were high on environmental benefits polluting motor such as lower air pollution. • The sudden demand spike in the auto industry may lead to inflated prices of new vehicles. Suggestions for improvement: • The vehicle registration database for all States • For a clean-up, commercial transport vehicles also needs updating to reflect true numbers of are of highest concern: on fuel efficiency, old vehicles on the road emissions and safety. • Some sections may not be in a position to • The Centre could offer a green new deal with retire old vehicles because of the high capital financial options such as loans and grants to cost especially after the pandemic situation smaller operators to scrap commercial • Acute shortage of recycling infrastructure in transport junk vehicles. India is another hurdle for successful • Government can also increase the green tax implementation annually to achieve the nudge effect. • The policy needs enough safeguards to ensure • Stimulus to bus companies could help green that old vehicles are indeed scrapped and the fleet and cut pollution. recycled under a monitored system. • Small operators such as autorickshaws could be offered low-interest loans, particularly to Schemes during economic downturn: move to electric vehicles. • The Indian Government provided funds under • Equity features can be built into the scheme, the Jawaharlal Nehru National Urban Renewal offering a discount to income-vetted marginal Mission (JNNURM) to State governments to operators such as autorickshaw drivers, on the augment bus fleets, and help the recession-hit lines of the 2009 stimulus given under the bus industry in 2009. JNNURM scheme for buses. • Globally, accelerated vehicle replacement • The vehicle registration database for all States schemes have been used in several countries. should be updated, so that vehicles more than • The most notable were those in Europe, 15 years old can be easily identified. Such data besides the high-profile, $3 billion “Cash for will help target scrappage policy benefits Clunkers” or CARS (or Car Allowance Rebate better. System) programme in the U.S. after the 2008 • Steps must be taken to augment the recycling recession. infrastructure so that scrapped vehicles are • The official evaluation of the U.S. scheme was recycled in an environmentally friendly manner that it led to an average mileage efficiency and avoid landfills.

Mould your thought: • Critically evaluate the new ‘green tax’ on old vehicles and scrapping policy. Approach to the answer: • Introduction • Mention the features of the scheme • Discuss the benefits • Mention the challenges for implementation • Suggest measures to improve • Conclusion 4.3 Eco Sensitive Zones

Manifest pedagogy: Earlier, the national parks and wildlife sanctuaries had a buffer zone which prohibited the local villagers to set up a colony too close to the wildlife reserves. Due to the lack of proper guidelines, many cases of human-animals conflicts came to light. This also highlighted the evergoing illegal activities rampant in the areas surrounding the Protected Areas. The latest innovation in protecting these buffer zones is the notification of Eco Sensitive Zones.

In news: Controversy over proposed ESZ around Wayanad wildlife sanctuary in Kerala

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Dimensions: What Are Eco-Sensitive Zones? Who notifies them and the Procedure Activities allowed and prohibited in Eco Sensitive Zones Importance of ESZ Challenges to them Way Forward

Content: the provisions of the Environment Protection • On January 28, the Ministry of Environment, Act of 1986 Forest and Climate Change published a draft • However, delineation of the extent of ESZ area notification to declare an Eco-Sensitive Zone is site specific. Its width varies from one (ESZ) around the Wayanad Wildlife Sanctuary protected area to the other. in Kerala. • As per the Wildlife Conservation Strategy 2002- • Issuing the draft notification, the Ministry 2005 and Supreme Court judgements the area invited objections or suggestions from the may generally extend up to 10 km around the public on the proposal, which should be protected area. submitted within a period of 60 days. • If sensitive corridors, connectivity and • Since then, resistance against the proposed ESZ ecologically important patches, crucial for has been mounting from the district, especially landscape linkage are involved then areas from political parties and local bodies in the beyond 10 kilometres width can also be region. notified as the Eco-Sensitive Zones. • Wayanad District Panchayat passed a • Moreover, the distribution of an area of ESZ resolution against the draft notification. and the extent of regulation may not be Several block panchayats have also initiated uniform all around and it could be of variable similar steps. width and extent. • Kerala Chief Minister Pinarayi Vijayan and Opposition leader Ramesh Chennithala sought The Environment Protection Act, 1986 does not the intervention of Prime Minister Narendra mention the word “Eco-sensitive Zones”. Modi to repeal the draft notification. The section 3(2)(v) of the Act, says that Central • He said that the notification would affect the Government can restrict areas in which any farmers living in densely populated areas industries, operations or processes shall not be coming under the proposed notified areas. carried out or shall be carried out subject to certain safeguards What Are Eco-Sensitive Zones (ESZ)? • Eco-Sensitive Zone (ESZ) is a buffer or Besides the section 5 (1) of this act says that central transition zone around highly-protected areas government can prohibit or restrict the location of such as National Parks and Wildlife industries and carrying on certain operations or Sanctuaries. processes on the basis of considerations like the • The purpose of declaring ESZs is to create biological diversity of an area, maximum allowable some kind of “shock absorbers” to the limits of concentration of pollutants for an area, protected areas by regulating and managing environmentally compatible land use, and proximity the activities around such areas. to protected areas. • The Government Regulates and Manages the activities in such areas, so that there is no The above two clauses have been effectively used external harm to the higher protected areas. by the government to declare Eco-Sensitive Zones • Therefore the basic aim is to regulate certain or Ecologically Fragile Areas (EFA). activities around National Parks and Wildlife Sanctuaries so as to minimise their impact on The same criteria have been used by the government fragile ecosystem of the Protected Areas to declare No Development Zones also.

Who Notifies ESZs? • Eco Sensitive Zones are notified by the Central Government through Ministry of Environment Procedure for Notifying ESZ: Forests and Climate Change (MOEFCC) under • A small committee made of Wildlife Warden, an Ecologist, Revenue department officials and

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officials from local bodies to study the activities around protected areas. Importance of ESZs: • This committee prepares an inventory of land • A forest area or a protected zone cannot be use patterns, different types activities and differentiated from the mainland by drawing a number of industries around Protected Areas line between the two. The Eco-Sensitive Zone and Wildlife Corridors etc is like an ecotone — the transition between • Chief Wildlife Warden then groups the two biological communities or ecosystems. activities under prohibited, restricted or • It reduces the impact of human intervention permissible categories. in the core protected areas • Once these proposals are finalised they are • ESZs help in in-situ conservation, which deals sent to the MoEFCC for further processing and with conservation of an endangered species in notification its natural habitat, for example the conservation of the One-horned Rhino of Activities Allowed and Prohibited in ESZs: Kaziranga National Park, Assam. • Prohibited activities: The Ministry has • They also minimise forest depletion and man- proposed prohibiting nine activities in the Eco- animal conflict. The protected areas are based Sensitive Zone. They include: on the core and buffer model of management, ○ Commercial mining, Stone quarrying and through which local area communities are also Crushing units protected and benefitted. ○ New or expansion of existing saw mills, ○ Setting up of Brick Kilns Challenges for setting up Eco-Sensitive Zones ○ Industries causing pollution (air, water, Need for Developmental activities: soil, noise etc.), • Activities such as construction of dams, roads, ○ Establishment of major hydroelectric urban and rural infrastructures in the ESZ, projects (HEP), create interference, negatively impact upon ○ Commercial use of wood, the environment and imbalance the ecological ○ Tourism activities like hot-air balloons system. over the National Park, • For example, construction of road would lead ○ Discharge of effluents or any solid waste to cutting down of trees which would further or production of hazardous substances. impact upon soil erosion thereby destroying the habitats of the species preserved under the • Regulated activities: will be permitted with ESZ. regulations as applicable under the laws. They include: Governance and new laws: ○ Felling of trees, • By failing to recognize the rights of forest ○ Establishment of hotels and resorts, communities and curbing poaching of animals, ○ Commercial use of natural water, legislations like Environmental Protection Act ○ Erection of electrical cables, 1986, and Wildlife Protection Act 1972, ○ Drastic change of agriculture system, e.g. undermine the ESZs in favour of adoption of heavy technology, pesticides developmental activities. etc., • For example - the new draft notification for ○ Widening of roads. reducing the ESZs of Bannerghatta National Park. • Permitted activities: ○ On-going agricultural or horticultural Tourism: practices, • As the pressure of tourism is rising, the ○ Rainwater harvesting, government is developing new sites and ○ Organic farming, gateways to the ESZ. ○ Use of renewable energy sources, • To cater to the increasing demand for eco- ○ Adoption of green technology for all tourism, land around parks and sanctuaries is activities. being cleared through deforestation, displacement of local people etc.

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• The tourists leave behind garbage such as rising demand for firewood and forest produce, plastic bags and bottles etc. which lead to etc. exerts pressure on the protected areas. environmental degradation. • Manier times, human settlements, including tribal colonies and agricultural lands, come Exotic and Invasive species: within the proposed Eco-Sensitive Zone. • Exotic species like Eucalyptus and Acacia • Thus regulation of activities in these ESZ is auriculiformis etc. and their plantations create vehemently opposed by the local population a competing demand on naturally occurring forests. Way Forward: • Giving more impetus to afforestation and Climate change: reforestation of degraded forest, regeneration • Biodiversity and climate change are of lost habitats, reducing climate change interconnected, for example, the rise in global impacts by promoting carbon footprints and temperature has generated land, water and through education etc. ecological stress on the ESZs. • Propagating Conservation techniques and • For example, forest fires or the Assam floods creating awareness about overexploitation of which badly affected the Kaziranga National resources and its adverse impacts among Park and its wildlife. masses. • Government, civil societies and stakeholders Opposition from Local communities: are largely required to collaborate with each • Slash and burn techniques used in agriculture, other for balancing sustainable development pressure of increasing population and the withdevelopment.

Mould your thought: • Protection of the wildlife sanctuary is, in fact, protecting the sustenance of people. Comment on the notification of ESZ and the controversies surrounding it. Approach to the answer: • Introduction • Elaborate the statement briefly • Mention what are ESZ • How they help to protect environment • Mention issues and concerns surrounding ESZ • Conclusion

5. FOREIGN AFFAIRS 5.1 World Economic Forum Summit 2020 and Great Reset

Manifest pedagogy: The World Economic Forum’s initiative for “The Great Reset” has set off furious conspiracy theories as well as contemptuous dismissal. The Great Reset, conceptualised by the founder and executive chairman of the WEF, Klaus Schwab, has evolved over the last few years and is based on the assessment that the world economy is in deep trouble.

In news: The World Economic Forum Annual Meeting 2020 was held on January 20-24, 2021

Dimensions: Highlights of the Summit Great Reset Its components Importance Hurdles India's role

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Content: • It also produces a series of reports and Highlights of the Summit: engages its members in sector-specific • The World Economic Forum's (WEF) 50th initiatives. Annual Meeting in Davos was focused on • The World Economic Forum and its annual stakeholder capitalism with the central theme meeting in Davos are criticised regarding the "Stakeholders for a Cohesive and Sustainable public cost of security, the formation of a World." wealthy global elite without attachment to • Professor Klaus Schwab, founder and executive the broader societies, undemocratic decision chairman of the WEF and a long-time processes, gender issues and a lack of supporter of stakeholder theory, said, "People financial transparency. are revolting against the economic ‘elites’ they believe have betrayed them, and our efforts to The Great Reset: keep global warming limited to 1.5°C are falling • In May 2020, the WEF and the Prince of dangerously short." Wales's Sustainable Markets Initiative • The WEF updated its "Davos Manifesto," a set launched "The Great Reset" project, a five- of principles that underpin the event, for the point plan concerned with enhancing first time in over 40 years. sustainable economic growth. • It now plainly states at the top, "the purpose of • It is also the name of the 50th annual meeting a company is to engage all its stakeholders in of the WEF bringing together high profile shared and sustained value creation" business and political leaders. • It says companies should have zero tolerance • The Great Reset, conceptualised by the for corruption, uphold human rights and pay founder and executive chairman of the WEF, their fair share of taxes. Klaus Schwab, has evolved over the last few • WEF and the Big Four accounting companies years. are also developing a set of universal metrics • It is based on the assessment that the world and disclosures that companies can include in economy is in deep trouble. their annual reports to measure their social • It argues that the situation has been made a lot and environmental performance. worse by many factors, including the pandemic’s devastating effects on global World Economic Forum society, the unfolding technological revolution, • The WEF is based in Cologny, Geneva Canton and the consequences of climate change. in Switzerland • Schwab demands that the world must act • It is an international NGO, founded on 24 jointly and swiftly to revamp all aspects of our January 1971. societies and economies, from education to • The WEF has stated its mission as "committed social contracts and working conditions. to improving the state of the world by • Every country, from the United States to China, engaging business, political, academic, and must participate, and every industry, from oil other leaders of society to shape global, and gas to tech, must be transformed. regional, and industry agendas". • In short, we need a ‘Great Reset’ of capitalism. • The WEF hosts an annual meeting at the end of January in Davos, a mountain resort in Components of Great Reset: Graubünden, in the eastern Alps region of According to WEF, The Great Reset agenda would have Switzerland. three main components: • The meeting brings together some 3,000 1. Steering the market toward fairer outcomes: business leaders, international political ○ To this end, governments should leaders, economists, celebrities and improve coordination (for example, in journalists for up to five days to discuss global tax, regulatory, and fiscal policy), issues, across 500 sessions. upgrade trade arrangements, and create • Beside meetings, the organization provides a the conditions for a “stakeholder platform for leaders from all stakeholder economy.” groups from around the world – business, ○ At a time of diminishing tax bases and government and civil society – to collaborate soaring public debt, governments have a on multiple projects and initiatives. powerful incentive to pursue such action.

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○ Governments should implement long- creation by taking into account the needs of overdue reforms that promote more all their stakeholders, and society at large. equitable outcomes. • Among the key stakeholders are customers, ○ Depending on the country, these may suppliers, employees, shareholders and local include changes to wealth taxes, the communities. withdrawal of fossil-fuel subsidies, and • Under this system, a company's purpose is to new rules governing intellectual create long-term value. property, trade, and competition. • Supporters of stakeholder capitalism believe that serving the interests of all stakeholders, 2. Ensuring that investments advance shared is essential to the long-term success and goals, such as equality and sustainability: health of any business. ○ The large-scale spending programs that • They make the case for stakeholder capitalism many governments are implementing being a sensible business decision as well as represent a major opportunity for being an ethical choice. progress. • The stakeholder concept was adopted most ○ The European Commission, for one, has prominently in the social democracies of unveiled plans for a €750 billion ($826 Northern and Western Europe, including billion) recovery fund. The US, China, Sweden, Denmark, Finland, the Netherlands, and Japan also have ambitious Belgium, and Germany. economic-stimulus plans. • Stakeholders has specific objectives that make ○ Rather than using these funds, as well as them distinct organisms, as follows: investments from private entities and ○ Governments focus on creating the greatest pension funds, to fill cracks in the old possibly prosperity for the greatest number of system, we should use them to create a people new one that is more resilient, equitable, ○ Civil society exists to advance the interest of its and sustainable in the long run. constituents and to give a meaning or purpose ○ This means, for example, building to its members. “green” urban infrastructure and ○ Companies aim to generate an economic creating incentives for industries to surplus, measurable in profits in the short run, improve their track record on and long-term value creation in the long run environmental, social, and governance ○ And the overarching goal for the international (ESG) metrics. community is to preserve peace

3. Harnessing the innovations of the Fourth Industrial Revolution: ○ The innovations of the Fourth Industrial Revolution to support the public good, especially by addressing health and social challenges. ○ During the COVID-19 crisis, companies, universities, and others have joined forces to develop diagnostics, therapeutics, and possible vaccines; establish testing centers; create mechanisms for tracing infections; and deliver telemedicine. ○ Imagine what could be possible if similar concerted efforts were made in every sector.

What is stakeholder capitalism? • Stakeholder capitalism is a form of capitalism in which companies seek long-term value

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What is Shareholder Capitalism? • Capital has shown little concern for the • Shareholder Capitalism strives to maximize interests of stakeholders and its instinct for profits and enhance shareholder value at the profit maximisation has only gotten worse cost of other stakeholder groups. during the pandemic. • It is a system driven by the interests of • This calls for “stakeholder capitalism” that shareholder-backed and market-fixated looks beyond the traditional corporate focus companies on maximising profit for shareholders. • Shareholder capitalism was conceived as the • However, the Wall Street Journal routinely most efficient way to mobilise large amounts dismisses stakeholder capitalism as a front for of capital “irresponsible corporatism” that diverts cash • In this system, corporate governance flows from productive use of capital that can becomes dominated by the need to maximise produce collective good. short-term shareholder returns • Capitalism is not going to reform itself. Making • In recent times this mode of capitalism is capital more responsive belongs to the realm criticised as the major cause of holding back of the state. productive investment, driving inequality • The kind of policy choices that a state makes in and environmental destruction. mediating between different stakeholders depends, in turn, on the balance of political Importance of Great Reset forces within societies and between them. The agenda of The Great Reset touches on many key issues facing the world. Deepening climate crisis ● The COVID-19 crisis is affecting every facet • The 2015 Paris accord on mitigating climate change is not enough to resolve the main of people’s lives in every corner of the political challenge on climate change. world. But tragedy need not be its only • It is about distributing the economic and social legacy. costs of moving away from carbon use within ● The WEF argues that the pandemic and across nations. presents a rare but narrow window of • There are many conflicts yet to be resolved. opportunity to reflect, reimagine, and The conflict is about managing the differential reset our world to create a healthier, social impact within the nation as well as it is about reconciling the divergent carbon policy more equitable, and more prosperous imperatives among the major economic actors future. internationally. The Brookings Institute described their three point plan in response to the COVID-19 crisis —Response, Growing difficulty of global cooperation Recovery, and Reset: • In recent years there has been a growing • For the near term it involves response; difficulty of global cooperation • in the medium term this involves rebuilding • The era of great power harmony that economic and social activity in a manner that accompanied the liberalisation of the global protects public health, promotes societal economy at the turn of the 1990s has yielded healing, and preserves the environment. place to intense political, economic and technological contestation among nations (eg. • The reset is for systems over the long term of US-China trade war) establishing a great reset through collective • The world needs universalist solutions and it imagination. It would be a new equilibrium might lead to “competitive multilateralism” among political, economic, social, and and the construction of coalitions of the environmental systems toward common goals. willing, capable to develop and enforce new rules. Hurdles for Great Reset India’s Role Challenges of Reforming Capitalism: • Unlike in the 20th century, India now can and • The demands for reform of Capitalism are as must actively contribute to the framing of old as capitalism itself, but dominant capital new rules to govern global capitalism and tends to resist change. reshaping of international institutions.

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• It must also reform its own economy and inevitably lead to a rearrangement of the society to make it more equitable, sustainable global order. and capable of coping with rapid external • Structural change is inevitable and Indian change. government should work to maximise India’s • India is in the middle of an economic reset of possibilities and limit the potential dangers. its own. • It is only those nations that can effectively • It must not only pay attention to the global manage the dynamic interaction between the debate, but also recognise that the current internal and external that will come out as crisis and its political consequences will winners in the Great Reset that is unfolding.

Mould your thought: • What is the Great Reset Agenda? Discuss its importance and challenges in the contemporary world. Approach to the answer: • Introduction • Write about Great Reset Agenda and its move toward stakeholder capitalism • Mention the importance of Great Reset • Write about the challenges • Conclusion

5.2 OHCHR and Human Rights

Manifest pedagogy: The OHCHR has expressed serious concern about the detention of human rights defenders in India, including those arrested in the controversial Bhīma Koregaon case, and has urged the Indian authorities to release the detainees “at the very least on bail while they await trial”. Understanding the functions and mandate of this international body is essential for holistic preparation.

In news: UN Human Rights Office Urges Release of Bhīma Koregaon Activists 'at the Very Least on Bail'

Dimensions: OHCHR: Origin, Nature, Functions and Powers of OHCHR Comparison between OHCHR and UNHRC

Content: OHCHR: Origin and Nature: • OHCHR is an ex officio member of the • The Office of the United Nations High Committee of the United Nations Development Commissioner for Human Rights is commonly Group. known as the Office of the High Commissioner • The office was established by the UN General for Human Rights (OHCHR) or the UN Human Assembly on 20 December 1993 in the wake of Rights Office. the 1993 World Conference on Human Rights. • It is a department of the Secretariat of the • Almost 2/3rd of the funding for the Office United Nations comes from voluntary contributions from • It works to promote and protect the human donors and member states. The rest is covered rights that are guaranteed under international by the general budget of the UN. law and stipulated in the Universal Declaration of Human Rights of 1948. Functions and Powers of OHCHR: • The office is headed by the High Commissioner OHCHR is entrusted by the United Nations General for Human Rights, who co-ordinates human Assembly (UNGA) with a mandate to promote and rights activities throughout the UN System and protect human rights for all. acts as the secretariat of the Human Rights Council in Geneva, Switzerland. To promote UN Human Rights, the OHCHR does the • The current High Commissioner is Michelle following: Bachelet of Chile • Works with and assists Governments in fulfilling their human rights obligations

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• Speaks out objectively in the face of human and works with the governments in fulfilling rights violations worldwide their human rights obligations. • Provides a forum for identifying, highlighting 3. UNHRC is a subsidiary organ of the UNGA and developing responses to today's human whereas OHCHR is a part of the United Nations rights challenges Secretariat. OHCHR co-ordinates human rights • Acts as the principal focal point of human activities throughout the UN System and acts rights research, education, public information, as the secretariat of the UNHRC in Geneva, and advocacy activities Switzerland. • Works with a wide range of partners in order to widen the constituency for human rights What are human rights? worldwide. • Human rights are rights we have simply because we exist as human beings. United Nations Humans Rights Council (UNHRC) • They are not granted by any state. • UNHRC was established by the General • These universal rights are inherent to all Assembly as the key United Nations humans, regardless of nationality, sex, national intergovernmental body responsible for or ethnic origin, color, religion, language, or human rights. any other status. • It is a subsidiary organ of the United Nations • They range from the most fundamental - the General Assembly right to life - to those that make life worth • The headquarters of UNHRC is in Geneva, living, such as the rights to food, education, Switzerland. work, health, and liberty. • It was established by the UN General • The Universal Declaration of Human Rights Assembly on 15 March 2006 to replace the (UDHR), adopted by the UN General Assembly UN Commission on Human Rights (UNCHR) in 1948, was the first legal document to set out • Decisions and actions by the Council, which the fundamental human rights to be consists of State representatives, are the universally protected. result of negotiations among Member States. • The UDHR continues to be the foundation of all • It is made of 47 Member States, which are international human rights law. elected by the majority of members of the • Its 30 articles provide the principles and General Assembly of the United Nations building blocks of current and future human through direct and secret ballot. rights conventions, treaties and other legal • The members are elected for a period of instruments. three years, with a maximum of two • The UDHR, together with the 2 covenants - the consecutive terms. International Covenant for Civil and Political • The General Assembly takes into account the Rights, and the International Covenant for candidate States’ contribution to the Economic, Social and Cultural Rights - make up promotion and protection of human rights, as the International Bill of Rights. well as their voluntary pledges and • The principle of universality of human rights commitments in this regard. means that all human beings are equally entitled to their human rights. Comparison between OHCHR and UNHRC: • Human rights are inalienable. They should not Even though the mission of OHCHR and UNHRC is to be taken away, except in specific situations and promote and protect human rights around the world, according to due process. For example, the they differ in the following ways: right to liberty may be restricted if a person is 1. UNHRC is a political body consisting of State found guilty of a crime by a court of law. representatives and reporting directly to the • All human rights are indivisible and UN General Assembly (UNGA)with a interdependent. This means that one set of comprehensive human rights mandate. rights cannot be enjoyed fully without the However, OHCHR is an executive body whose other. officials are appointed. • For example, making progress in civil and 2. UNHRC can investigate allegations of breaches political rights makes it easier to exercise of human rights in United Nations member economic, social and cultural rights. Similarly, states, and addresses important thematic violating economic, social and cultural rights human rights issues. Whereas, OHCHR assists can negatively affect many other rights.

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Mould your thought: • Write a short note on the Office of the High Commissioner for Human Rights (OHCHR). How is it different from UNHRC? Approach to the answer: • Introduction • Write about the origin, nature and functions of OHCHR • Mention the differences between OHCHR and UNHRC with examples • Conclusion

5.3 Is the World Heading Towards ‘New Cold War’?

Manifest pedagogy: In the midst of US-China tensions the global situation has seen a rapid flux. The geo-political and economic contestations of both nations have created profound uncertainty. Key drivers of globalisation have experienced stress. International relations are increasingly marked by an inclination to ‘weaponize’ trade and technology. The rising tensions between the US and China have prompted many experts to warn of a new Cold War similar to the Cold War between the US and USSR. This new Cold War may become a major geopolitical risk of the 21st century.

In news: At WEF summit at Davos, Chinese President Xi Jinping warns world leaders against ‘New Cold War’

Dimensions: Areas of US-China Conflict Historical Aspects of US - China Relations The impact of their conflict on Global Politics what should be India’s Response?

Content: Areas of US-China Conflict: Trade & Technology: • Beginning with its entry into the World Trade • Both the US and China regularly resorted to Organization in December 2001, China rapidly protectionist measures in the recent past. transformed its economy from a low-cost • The US, under President Trump, was “factory to the world” to a global leader in attempting to preserve its pre-eminence while advanced technologies. rejecting multilateralism. It favours an • Along the way, it has transformed global supply “America First” policy. chains, but also international diplomacy, • On May 15, 2019, the Trump administration leveraging its success to become the primary issued an Executive Order (EO) entitled trading and development partner for emerging “Securing the Information and economies across Asia, Africa and Latin Communications Technology and Services America. Supply Chain” • But Beijing’s emergence as a global power has • This has been done on the ground that Chinese also created tensions. equipment (Huawei, ZTE) is designed to aid snooping. US-China tensions can broadly be classified into the • There have been apprehensions that American following major areas (T4 +M+C) : telecoms players are too much dependent on • Trade, Technology, Territorial issues (such as subsidised Chinese technology. Hong Kong, Xinjiang, Tibet, Taiwan, the South • The US-China rivalry has spurred China to take China Sea, and Regional Connectivity) and a strategic decision to continue its import of Tenets, which allude to values, ideology and Iranian crude oil, the American sanctions the advocacy of particular systems of political notwithstanding. and economic governance (T4). • The U.S.-China trade war is a battle for • Military domain (M). technological supremacy and its commercial • Origins of the Coronavirus disease (COVID-19) and national security advantages. and demands for accountability (C) • China’s ambitious targets are clearly outlined in the Made in China 2025 policy. It has stolen a

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march in some key areas including 5G, big data, modernise the military and tighten the firm robotics, and AI. grip of the Chinese Communist Party (CCP). • U.S. businesses in China have complained for • China’s efforts to portray its success in years about forced technology transfers and containing COVID-19 as a vindication of the theft of intellectual property. CCP model of governance and development • These have galvanized the Trump has run into intense flak. administration into action. • With tensions rising in the wake of COVID-19 Military related Issues: and the earlier blacklisting of Huawei • China's investment in its military is growing Technologies by the US, the spectre of a high- rapidly. tech war looms large. • The United States, along with independent analysts, remains convinced that China Territorial Issues: conceals the real extent of its military • Tensions have spiked between the US and spending. China in regard to the Hong Kong Special • Concerns over the Chinese military budget Administrative Region (HKSAR), Xinjiang, Tibet, may come from US worries that China is Taiwan, South China Sea and regional attempting to threaten its neighbours or to connectivity. challenge the United States. • The US has recently passed the Hong Kong • Concerns have been raised that China is Human Rights and Democracy Act of 2019, developing a large naval base near the South Tibet Policy Support Act of 2019, Taiwan Allies China Sea and has diverted resources from the International Protection and Enhancement People's Liberation Army Ground Force to the Initiative (TAIPEI) Act of 2019, and the Uyghur People's Liberation Army Navy and to air force Human Rights Policy Act of 2020. and missile development. • A “No China Act” aimed at keeping Chinese • China has enhanced its Anti-Access, Area companies off the list of beneficiaries eligible Denial (A2/AD) capabilities in the Asia-Pacific for US assistance during the pandemic is also theatre. on the anvil. • The US is likely to resort to new dimensions in • China claims that the U.S. is behind the its military posture without being hampered by disturbances in HKSAR. It sees the Hong Kong the Intermediate-Range Nuclear Forces (INF) Human Rights and Democracy Act of 2019 as a Treaty which has now been abandoned. devious plot to interfere in its ‘internal affairs’. • Chinese policies in Xinjiang have come in for Issues over Origin of COVID-19: sharp criticism in the US. • In relation to the impact of the COVID-19 • Likewise, China’s policies towards Tibet and pandemic on politics, the United States interference in matters relating to Tibetan government has referred to the coronavirus Buddhism have also been sharply criticised. as the "Chinese virus" or the "Wuhan virus", terms which have been criticized for being Tenets & Ideological issues: racist. • The US-China struggle is over the narrative for • In return, some Chinese officials rejected an political, economic and cultural systems. The earlier acknowledgement of the coronavirus US has dominated this discourse for over a outbreak starting in Wuhan. They proposed in century. favor of conspiracy theories that the virus • China feels vindicated that its systems have originated in the U.S. or Italy. weathered the challenges of two global • The U.S. intelligence community says China economic and financial crises and contributed intentionally under-reported its number of to domestic prosperity and global growth coronavirus cases, with no presented evidence better than western systems. • On September 22, 2020, Donald Trump called • Global expectations that China would liberalise on the United Nations to "hold China its political system and be nudged towards accountable for their actions", in a speech to democracy and openness by economic growth the world body's General Assembly. and prosperity have been proven wrong. • President Trump blamed the Chinese • On the contrary, Xi Jinping has used economic government for the global spread of COVID-19, success to clamp down on freedoms, which had infected 31 million people

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worldwide and killed more than 965,000, by launched a quad initiative, Indo pacific then. narrative. • The trade war between China and the US • Most recently, the US proposed to expand G7 alongside Beijing behaviour during the COVID- to G-11 without including China in it. 19 crisis has combined to worsen American • China’s incremental “salami slicing” tactics in public opinion and perception about China. the South China Sea, first by land reclamation • There is talk of the coronavirus having and then constructing artificial islands for originated in a laboratory in Wuhan, with extending extra-territorial claim, has seen speculation abounding about biological sharp criticism from the US and its allies. warfare programmes and accidental release. • It is similar to the way dominance over the • This provides an opportune moment to turn Caribbean enabled the United States to the spotlight on the inherent weaknesses of strategically control the Atlantic Ocean and the Biological Weapons Convention (BWC) of thus, affect the balance of forces in the two 1975 world wars and a cold war. • From Trade war to tensions over 5G Historical Aspects of US - China Relations: telecommunications to currency wars, US- • Historically, relations between the two China confrontation is on multiple economic countries have generally been stable with fronts. some periods of open conflict, most notably • Further, the donor-recipient relationship during the Korean War and the Vietnam War. between US and developing countries has • Relations with China began under US President weakened with China’s pledge of $2-billion George Washington, leading to the 1845 amid COVID-19 pandemic, thereby starting a Treaty of Wangxia. new phase of donation diplomacy. • The US was allied to the Republic of China • Moreover, China perceives US support for during the Pacific War. Taiwan as an interference in its internal • But after the Communist victory in Mainland matters. China during the Chinese Civil War, The US • The current COVID-19 pandemic situation can fought a major armed conflict with the even strengthen the trend towards People's Republic of China in the Korean War. protectionism and emphasis on domestic • The US also cut its ties with CHina and did not manufacturing even if it remains against the re-establish relations for 25 years. principles of market forces. • After President Richard Nixon's 1972 visit to • The push for globalisation has been weakened China nearly every US president has toured by the closed borders and disrupted trade and China. supply chains. • Relations with China have strained under • It has raised the need to evolve a fresh outlook President Barack Obama's Asia pivot strategy. on global interdependence and cooperation in • Despite tensions during his term, the Chinese dealing with pandemics and a host of other population's favorability of the US stood at issues. 51% in Obama's last year of 2016, only to fall during the Trump administration. India’s Actions so far: • In 2009, the Department of The impact of the conflict on Global Politics: Telecommunications (DoT) had advised Indian • China has come out with alternative mobile companies to suspend deals with governance mechanisms to the U.S.-dominated Chinese equipment makers after fears that International Monetary Fund, World Bank and Chinese equipment were being used for World Trade Organization. hacking and spying. • These include China’s all-encompassing Belt • However, India did not took strong actions on and Road Initiative and institutions like Asia any of DoT’s recommendations. Indeed, much infrastructure investment bank, contingency of India’s telecom growth story has been reserve agreement (CRA) of New Development supported by Chinese companies in both Bank. hardware and software. • In order to contain rising China’s assertiveness, • The approach changed after the standoff in the US under its ‘pivot to Asia policy’ has Ladakh, wherein India has asked state-owned telecom service providers to exclude Chinese

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companies from the scope of their network defined in terms of peaceful co-existence and upgrade contracts. global interest. • India also justified the ban on 59 mobile apps • Apart from it, India should acknowledge that with Chinese links on grounds of a threat to national security now relies on technological national security. superiority in artificial intelligence (AI), cyber • This was part of the wider decision to signal and space, and not expensive capital curbs on Chinese investments and tech equipment. companies in the country. • Thus, India should become self-sufficient in • The border clashes and the U.S.A action could the domain of critical technologies. now force India into the anti-China camp. • The rift between the US and China over COVID- 19 does not automatically translate into any What should be India’s Response? clear-cut advantages for India. • India is a rising global power. This importance • India must create the necessary infrastructure has attracted the attention of both the US and and policy framework to attract global supply China. chains that may exit China. • Foreign policy experts in the US argue “India is • Given that India and China are neighbours, it is a natural US ally” in the New Cold War. imperative that they live in harmony. • On the other hand Chinese’s Ambassador in • There exists scope to deepen their India has suggested writing “together a new developmental partnership, notwithstanding chapter” with “a shared future for mankind”. differences over issues such as the boundary question, trade, the status of Jammu and In this context: Kashmir, and China’s policy towards Pakistan. • India can promote new multilateralism under • COVID-19 has shown how China’s actions the aegis of Vasudhaiva Kutumbakam- which impact the entire world. China’s cooperation relies on restructuring both the economic will be vital in reforming global institutions and order and societal behaviour for equitable practices. sustainable development. • A confident India appears fully capable of • If China is a “factory to the world”, India has absorbing the shocks of the pandemic and the potential to be a “pharmacy to the striding forth to engage a world divided by world”. It can take on a new and well-deserved trade wars and ideological contestation. moniker, that of Vishwa Vaidya (global • Despite hardships, India can, and must, take physician). the lead in bringing the world together to • As the world’s largest producer and exporter of practice a new multilateralism which places the cost-effective generic drugs, India’s readiness common interests of humanity above narrow to ship the antimalarial drug national interests. hydroxychloroquine to fight COVID-19 to • Multilateralism in a post-COVID-19 world others is a “good Samaritan” act provides a strategic opportunity for India to • India must take up intensified diplomacy with emerge as an independent pole. global powers so that Asian Century can be

Mould your thought: • The rising tensions between the US and China can escalate into a new Cold War. Elaborate this statement and identify the stance India should take in this situation. Approach to the answer: • Introduction • Write in brief about the conflicts between US and China • Discuss the effects of these on the global politics • Write about India’s opportunities • Conclusion

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5.4 Myanmar Coup

Manifest pedagogy: The Ministry of External Affairs (MEA) said it was deeply concerned about the situation in Myanmar, after the military staged a coup and declared that it had taken control of the country for one year under a state of emergency. The country’s top leadership, including de-facto leader Aung San Suu Kyi, have also been detained. India has always been steadfast in its support to the process of democratic transition in Myanmar. The unrest in India’s neighbourhood will pose several challenges.

In news: Democratically elected leader Aung San Suu Kyi ousted by the Military Junta in Myanmar

Dimensions: Myanmar's History of Military Rule and Democratic Movements India's Role in the Democratic Movements India' Relations with Myanmar pre 1991 Relations post 1991 How should India handle the situation today?

Content: • The military remained in power for another 22 Myanmar's History of Military Rule and Democratic years until 2011, following the military's Movements: roadmap to democracy. • Myanmar (formerly Burma) has been beset • In 2008 a new Constitution of Myanmar was with political instability since it declared drafted. independence from Britain in 1948. • Between 1958 and 1960, the military formed a 2011–2015 Myanmar political reforms temporary caretaker government at the behest • In the period of 2011-2015 a series of political, of U Nu, the country's democratically-elected economic and administrative reforms in prime minister, to resolve political infighting. Myanmar undertaken by the military-backed • The military voluntarily restored civilian government government after holding the 1960 Burmese • These reforms include: general election. ○ The release of pro-democracy leader • Less than two years later, the military seized Aung San Suu Kyi from house arrest and power in the 1962 coup, which under the subsequent dialogues with her, leadership of Ne Win, precipitated 26 years of ○ Establishment of the National Human military rule. Rights Commission, • In 1988, nationwide protests broke out in the ○ General amnesties of more than 200 country. Dubbed the 8888 Uprising, the civil political prisoners, unrest was sparked by economic ○ Institution of new labour laws that allow mismanagement, leading Ne Win to step labour unions and strikes, down. ○ Relaxation of press censorship, and • In September 1988, the military's top leaders ○ Regulations of currency practices. formed the State Law and Order Restoration • Aung San Suu Kyi's party, the National League Council (SLORC), which then seized power. for Democracy, participated in by-elections • Aung San Suu Kyi, the daughter of the held on 1 April 2012 after the government country's modern founder Aung San, became a abolished laws that led to the NLD's boycott of notable pro-democracy activist during this the 2010 general election. period. • She led the NLD in winning the by-elections in a • In 1990, free elections were allowed by the landslide, winning 41 out of 44 of the military, under the assumption that the contested seats, military enjoyed popular support. • In the general elections held in 2015 resulted in • Ultimately, the elections resulted in a landslide a victory for Suu Kyi's party, the National victory for Suu Kyi's party, the National League League for Democracy. for Democracy. However, the military refused • However, the military retained substantial to cede power and placed her under house power, including the right to appoint 25% of arrest. parliament members.

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2021 Myanmar coup d'état (NCGUB) and the Democratic Alliance of Burma • The 2021 coup occurred in the aftermath of (DAB) . the general election on 8 November 2020, in • Supporting democracy and ASSK proved costly which the National League for Democracy for India as China made deep inroads into (NLD) won 396 out of 476 seats in parliament, Myanmar by fully supporting the military an even larger margin of victory than in the rulers. 2015 election. • India had to change its policy and mended • The military's proxy party, the Union Solidarity fences with the military junta because of and Development Party, won only 33 seats. serious security and strategic considerations. • The results of the 2020 election, held during the pandemic, were being seen by the NLD as a India' Relations with Myanmar pre 1991: mandate for its plan of constitutional reform, • India - Myanmar/Burmese relations date to through which it aimed to do away with the antiquity and cultural exchanges included military's role in politics and governance. Buddhism and the Burmese script, which was • The army disputed the results, claiming that based on the Indian Grantha script. the vote was fraudulent. • In particular, Theravada Buddhism has • The coup attempt had been rumoured for tremendously influenced Burmese society and several days, prompting statements of concern culture for millennia, with around 90% of from Western nations such as the United Burma's population continuing to follow the Kingdom, France, the United States,and religion. Australia. • Myanmar (formerly Burma) was made a province of British India by British rulers and India's Role in the Democratic Movements: again separated in 1937. • During Jawaharlal Nehru’s time India fully • It was in Japanese-occupied Burma that Indian supported the democratic forces represented nationalist Subhas Chandra Bose delivered his by U Nu "Give me blood and I will give you freedom!" • India provided considerable support when slogan, and Prime Minister Narendra Modi Myanmar struggled with regional insurgencies. highlighted Burma's role in the Indian • The conditions changed after U Nu was independence movement. overthrown in a military coup and Gen. Ne Win • India established diplomatic relations after took over. Myanmar's independence from Great Britain in • Along with much of the world, India 1948. condemned the suppression of democracy and • India and Myanmar relationship officially got Myanmar ordered the expulsion of the underway after the Treaty of Friendship was Burmese Indian community, increasing its own signed in 1951. isolation from the world. • For many years, Indo-Burmese relations were • Only China maintained close links with strong due to Myanmar previously having been Myanmar while India supported the pro- a province of India, due to cultural links, democracy movement. flourishing commerce, common interests in • This allowed Burma to slide into seclusion and regional affairs and the presence of a accepting Chinese hegemony to India’s significant Indian community in Myanmar. detriment • However, the overthrow of the democratic • India fully supported the pro-democratic forces government by the Military of Myanmar led to in Myanmar and continued to do so even when strains in ties. the NLD was denied its right to rule after the • In such a scenario, India cut off its diplomatic 1990 elections. ties with Myanmar. • In the 1980s, India wholeheartedly supported • A major breakthrough occurred in 1987 when the Burmese pro-democracy movement - both the then-Indian Prime Minister Rajiv Gandhi in the region and in the UN. visited Myanmar, but relations worsened after • It opened its doors to the refugees who fled the military junta's reaction towards pro- the brutal military crackdown in 1988. democracy movements in 1988, which resulted • Burma's military rulers even accused India of in an influx of Burmese refugees into India. funding dissident groups including the National Coalition Government of the Union of Burma

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Relations post 1991 and backing away from supporting her when • Since 1993 the governments of the Indian she visited New Delhi in 2012. Prime Ministers P. V. Narasimha Rao and Atal • The ambitious Kaladan transit and transport Bihari Vajpayee changed course and began to project is important for improving the establish warmer relations between the two connectivity in the Northeast. nations. • Myanmar is important for India because of the • Under India's Look East policy, fields of geographic, historical, cultural and economic cooperation between India and Myanmar linkages/ties that span centuries as well as for include remote sensing, oil and gas the overall development of North-Eastern exploration, information technology, Indian states. hydropower and construction of ports and buildings. How should India handle the situation today? • In 2008, India suspended military aid to • The Prime Minister must reach out to Myanmar over the issue of human rights Myanmar in unconventional ways and remove abuses by the ruling junta, although it has any antipathy among the people who once had preserved extensive commercial ties, which begun to perceive India as a big military threat. provide the regime with much-needed revenue • China fully exploited those sentiments. The • The relations were restored as part of: junta even looked once upon a time to ○ a wider foreign policy of increasing Pakistan for military aid. India's participation and influence in • India relations with Myanmar cannot be a Southeast Asia, bilateral affair – rather it is a matter of regional ○ Countering growing influence of the security and India’s long-term interest. People's Republic of China • India should acknowledge Myanmar’s military’s ○ Insurgency problems in NE India (an role in stabilizing a country beset by an India-Myanmar joint operation unprecedented insurgency problem that destroyed several militant camps of helped India as well. Arakan Army on the Indo-Myanmar • One very clear and indigestible truth is that the border) role of the Military in that country cannot be • India’s ties with Myanmar improved wished away easily. Any paradigm shift in substantially after Gen. Maung Aye’s visit to policy will be too optimistic. New Delhi in 2000, the landmark visit by • Myanmar shares long borders with China with President U Thein Sein in October 2011 and the which it has a long historical association. India, return visit by Prime Minister Manmohan Singh therefore, should not aim to compete or to Naypyitaw in May 2012, the first such visit in replace Chinese influence but should exploit 25 years. those areas where it enjoys a distinct edge in • These exchanges have fundamentally changed Myanmar. the context. Myanmar’s international image • India should work on strategic convergences improved since then and encouraged other and shared concerns of dealing with insurgency countries including President Obama to visit along border areas. Dealing with Rohingya Naypyidaw in November 2012. refugees is an important agenda. • However, after the initial support, India failed • India’s foreign policy should be a balancing act to sustain the quantum of support for the pro- between supporting pro-democratic democracy movement. Suu Kyi expressed movements and maintaining closer relations disappointment over India’s courting the junta with Myanmar.

Mould your thought: • How has the relation between India and Myanmar evolved since independence? What should India do in the wake of the recent coup in Myanmar? Approach to the answer: • Introduction • Write about historical relations between India and Myanmar • Write about India’s stance regarding recent coup • Write about the steps to be taken in future • Conclusion

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5.5 New START Treaty

Manifest pedagogy: The Ministry of External Affairs welcomed the extension of the New START Treaty between the United States and Russia. The MEA said that India hopes the extension of the nuclear arms treaty between Washington and Moscow will promote dialogue and cooperation to help address international non-proliferation and disarmament issues.

In news: US extends New START Treaty with Russia

Dimensions: New START Treaty Origin of the Treaty Provisions of the Treaty Nuclear Race during Cold War and its Effects Treaties Signed (SALT 1, SALT 2, START 1, START 2, INF Treaty and New START) Importance of the extension

Content: • Under the treaty, the United States and the New START Treaty Russian Federation had seven years to meet • The New START Treaty is a treaty between the the treaty’s central limits on strategic offensive United States of America and the Russian arms (by February 5, 2018) Federation. • Both countries are then obligated to maintain • It contains measures for the further reduction those limits for as long as the treaty remains in and limitation of strategic offensive arms. force. • The treaty is the last remaining nuclear arms • The treaty limits Russia and the US to no more control between Russia and the USA. than 1,550 deployed nuclear warheads and 700 • It was signed by US President Barack Obama deployed missiles and heavy bombers and his Russian counterpart Dmitry Medvedev equipped for nuclear armaments. in 2010. • It also limits both countries to 800 deployed and non-deployed intercontinental ballistic Origins of the Treaty missile (ICBM) launchers, submarine-launched • The New START entered into force on February ballistic missiles (SLBM) launchers, and heavy 5, 2011, and was expected to last at least until bombers equipped for nuclear armaments. February 5, 2021, unless superseded by a • When New START entered into force, both subsequent agreement. participating states could begin performing • The two parties are allowed to extend the inspections on each other. treaty for a period of no more than five years. • It further envisages sweeping on-site • The United States and Russia have formally inspections, exhibitions, and data exchanges to extended the New START Treaty until at least verify compliance. February 5, 2026. • It also provides for an annual exchange of • New START replaced the Treaty of Moscow telemetry on an agreed number of ICBM and (SORT), which was to expire in December 2012 SLBM launches. • It is a successor to the START framework of • The treaty provides for 18 on-site inspections 1991 (at the end of the Cold War) that limited annually. both sides to 1,600 strategic delivery vehicles • Each side is allowed to conduct ten ‘Type One’ and 6,000 warheads. inspections and eight ‘Type Two’ inspections • The New START treaty is the successor to the every year. START I. The START II was signed, but not • The ‘Type One’ inspections focus on sites with ratified. The START III negotiating process was deployed and non-deployed strategic systems, not successful. while the ‘Type Two’ inspections focus on sites with only non-deployed strategic systems. Provisions of the Treaty • Both the United States and the Russian • The treaty places verifiable limits on all Federation claim to have met the central limits deployed intercontinental-range nuclear of the New START Treaty by February 5, 2018, weapons by the USA and Russia. and have stayed at or below them ever since.

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• These limits are well below the Cold War caps. • This period marks an intense time in history Thus, the treaty is one of the key controls on when two countries were racing to stockpile superpower deployment of nuclear weapons. the most deadly weapon in the world: the • The treaty does not put a constraint on testing, nuclear bomb. development, or deployment of current or • The arms race of nuclear weapons has been a planned US missile defence programs or long- growing concern in both past times and today, range conventional strike capabilities. as the number of countries with access to these deadly weapons is constantly increasing. Nuclear Race During Cold War and its Effects • The cold war has been regarded as the origin of • The Cold War marked a period of rising the nuclear danger in the world up to date. tensions between the Soviet Union and the • It has created a dangerous world which makes United States of America. the citizens of different countries to live with a • Throughout the second half of the 20th lot of fear. century, these two superpowers held • With the build-up of weapons, it is possible extremely different economic and political that they are better designed to start wars, beliefs, which further deepened the divide rather than deter them. between the states. • The Soviet Union practiced a communist form Arms Control Treaties Signed: of government, with complete governmental • Strategic Arms Limitation Talks (SALT), control of property, wealth, and education. negotiations between the United States and • On the other hand, the United States the Soviet Union that were aimed at curtailing promoted a free and capitalist form of the manufacture of strategic missiles capable government, characterized by democratic of carrying nuclear weapons. elections and privately held businesses or SALT I organizations. • SALT I negotiations culminated in the signing of • This ideological difference between the The ABM Treaty (Anti-Ballistic Missile Treaty) superpowers put them in direct opposition to and interim SALT agreement on May 26, 1972 one another. • For the first time during the Cold War, the • As a result, competition arose in many areas United States and Soviet Union had agreed to including the development of new technology limit the number of nuclear missiles in their and military weapons- the most important arsenals. being the nuclear bomb. • The ABM Treaty limited strategic missile • The two superpowers competed for superiority defences to 200 interceptors each and allowed in the development and accumulation of each side to construct two missile defense nuclear weapons. sites, one to protect the national capital, the • Four years after the U.S. successfully dropped other to protect one ICBM field. its first bomb, the Soviets developed theirs. • SALT I did not prevent each side from enlarging • With Nuclear Deterrence as the core of foreign their forces through the deployment of policy, both sides worked to increase their Multiple Independently Targeted Re-Entry arms stock. Vehicles (MIRVs) onto their ICBMs and SLBMs, • This resulted in the U.S. spending six trillion SALT II dollars on its nuclear weapons program, • Negotiations for a second round of SALT began containing ten thousand nuclear warheads, in late 1972. while Russia had only half as many. • At the November 1974 Vladivostok Summit, US • Although the arms race was meant to increase and Russia agreed on the basic framework of a each state's security, it backfired in several SALT II agreement. instances. • This included a 2,400 limit on strategic nuclear • For example, in the 1950s, the Soviets issued delivery vehicles (ICBMs, SLBMs, and heavy nuclear threats against Western allies, bombers) for each side; a 1,320 limit on MIRV including the British and French during the systems; a ban on new land-based ICBM Suez crisis. launchers; and limits on deployment of new • Tensions rose and consequently culminated in types of strategic offensive arms. the Cuban Missile Crisis in 1962, which was the • However, the two nations could not resolve closest the world has ever been to nuclear war. the two other outstanding issues from SALT I:

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the number of strategic bombers and the total • It was ratified by the US Senate on 26 January number of warheads in each nation’s arsenal. 1996 with a vote of 87–4. Although Russia START I ratified START II on 14 April 2000, it withdrew • START I (Strategic Arms Reduction Treaty) was from the treaty on 14 June 2002 in response to a bilateral treaty between the United States US withdrawal from the ABM Treaty. and the Soviet Union on the reduction and the • Instead, SORT came into effect, which reduced limitation of strategic offensive arms. the strategic warheads count per country to • The treaty was signed on 31 July 1991 and 1,700–2,200. entered into force on 5 December 1994. • INF Treaty • The treaty barred its signatories from • Intermediate-Range Nuclear Forces Treaty or deploying more than 6,000 nuclear warheads INF Treaty is another treaty that was signed and a total of 1,600 intercontinental ballistic during the Cold War. missiles (ICBMs) and bombers. • It was a nuclear arms-control accord reached • START negotiated the largest and most by the United States and the Soviet Union in complex arms control treaty in history, and its 1987. final implementation in late 2001 resulted in • The two nations agreed to eliminate their the removal of about 80% of all strategic stocks of intermediate-range and shorter-range nuclear weapons then in existence. (or “medium-range”) land-based missiles START II (which could carry nuclear warheads). • It was a bilateral treaty between the United • The United States withdrew from the Treaty on States and Russia on the Reduction and 2nd August 2019. Limitation of Strategic Offensive Arms. • It was signed by US President George H. W. Importance of the extension of New START Bush and Russian President Boris Yeltsin on 3 • The treaty is the last remaining nuclear arms January 1993. control between Russia and USA. • It banned the use of multiple independently • The extension of the New START contributes to targetable re-entry vehicles (MIRVs) on the maintenance of international peace and intercontinental ballistic missiles (ICBMs). security Hence, it is often cited as the De-MIRV-ing • It will promote dialogue and cooperation to Agreement. help address international non-proliferation • Despite negotiations, it never entered into and disarmament issues. effect.

Mould your thought: • Extension of the New START treaty is a significant step in nuclear arms reduction, Comment. Approach to the answer: • Introduction • Discuss the origin and provisions of New START Treaty • Write about the importance of the Treaty • Conclusion

5.6 Afghanistan-India New Development Partnership

Manifest pedagogy: The New Development Partnership of Afghanistan and India under the Strategic Partnership Agreement (SPA) signed in 2017 to the tune of $1 billion, in which India took up hundreds of development projects in Afghanistan in areas including agriculture, water, education, health, etc. The New Development Partnership gives an assurance of India's continued support for a peaceful, united, stable, prosperous and inclusive Afghanistan.

In news: Signing ceremony of MoU for the construction of the Lalandar [Shatoot] Dam in Afghanistan

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Dimensions: New Development Partnership and its components Its significance Brief History of India- Afghanistan Relationship

Content: • Afghan-India Friendship Dam (Salma Dam) New Development Partnership and its components: (opened on 4 June 2016) • India has played a significant role in the • India has also committed to contribute reconstruction and rehabilitation process in substantially in improving transportation Afghanistan. system in Kabul and has decided to donate • India's extensive developmental assistance 1000 buses to Afghanistan along with up programme, which now stands at around US 2 gradation related infrastructure. billion, is a strong signal of its abiding As part of sustainable development of natural commitment to peace, stability and prosperity resources in Afghanistan: in Afghanistan. • A consortium of public and private Indian • India has opted to pursue a ‘soft power’ companies has been formed to invest in strategy to engage Afghanistan, preferring to Afghanistan's mining sector in the Hajigak iron contribute substantially in the civilian sector ore reserves. rather than in defence and security. • Mines Institute is proposed to be established in • India is particularly active in the construction, Kabul with GoI technical & financial support to infrastructure, human capital building and build capacity in mining area mining sectors. Besides, it has also identified In the area of skill development, GoI offers: the telecommunications, health, • Training to Afghan officials/nationals in diverse pharmaceuticals, and information technology fields through 500 ITEC slots and 25 slots under and education sectors for cooperation. TCS Colombo plan are allocated annually to • India fosters cooperation and collaborates on Afghanistan. infrastructure and high impact community • Specialised ITEC courses are held for Afghan development projects in Afghanistan. Government Officials on specific demand • 614 ICAR scholarships under India-Afghanistan India’s New Development Partnership is focused Fellowship Programme commenced in 2012-13 around five pillars: lasting up to 2020-21 • Large infrastructure projects. • Training via tele-education at ANASTU, • Human resource development and capacity Kandahar and Indira Gandhi Institute of Child building. Health, Kabul. • Humanitarian assistance. • ICCR scholarships to 1000 Afghans every year • High-impact community development projects. to pursue undergraduate courses in various • Enhancing trade and investment through air Indian universities in major cities across India. and land connectivity. Its significance: Important Infrastructure Projects • India sees Afghanistan as a strategically • Construction of a 218 km road from Zaranj to important country. Delaram for facilitating movement of goods • Afghanistan is its bordering neighbour, and services to the Iranian border; however the part which borders Afghanistan is • construction of 220kV DC transmission line occupied by Pakistan. from Pul-e-Khumri to Kabul and a 220/110/20 • Safeguarding a Taliban free Afghanistan is in kV sub-station at Chimtala; interest of India which is one of the favourite • upgrading of telephone exchanges in 11 target of cross border terrorism. provinces; • Indians have made over $2 billion of • Expansion of national TV network by providing investment in Afghanistan mainly in mining, an uplink from Kabul and downlinks in all 34 agriculture, energy, capacity building and provincial capitals for greater integration of the infrastructure to make its place secured as a country. friendly nation. • New Afghan Parliament building (inaugurated • Its New Development partnership is also a way on 25 December 2015) to counter pAkistani influence in Afghanistan.

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• Just to make Afghanistan less dependent on • India and Afghanistan have been historical Pakistan for access to the sea, India had been neighbours, and share cultural ties. building a highway and rail link from Iranian • India was the only South Asian country to ports to Afghanistan and Central Asia. recognize the Soviet-backed Democratic • India has been acting swift to prevent Pakistan Republic of Afghanistan in the 1980s, though from regaining Afghanistan as its backyard and relations were diminished during the 1990s making it a place to nourish extremism and Afghan civil war and the Taliban government. drugs. • Following the withdrawal of the Soviet armed • India so far doesn’t have any declared interest forces from Afghanistan in 1989, India of forming military bases in Afghanistan. continued to support Najibullah's government • Although India has deployed soldiers of Indo with humanitarian aid. Tibetan Border Police in Afghanistan to ensure • After its fall, India together with the safety of Indian diplomats and development international community supported the work in Afghanistan a big military presence in coalition government that took control, but the land locked country in the future may help relations and contacts ended with the outbreak India to contain its childhood rival. of another civil war, which brought to power • India also participated in the commencement the Taliban, an Islamist militia supported by ceremony of the intra-Afghan talks in Doha in Pakistan. September 2020, where a 21-member Taliban • The Taliban regime was recognized only by team was also present. It reflects India's Pakistan, Saudi Arabia, and the United Arab realisation of ground realities and shifting Emirates (UAE). sands in Kabul’s power structure. • The destruction of the Bamiyan Buddha • The External Affairs Ministers have reiterated monuments by the Taliban led to outrage and that India supports all efforts for peace and angry protests by India. reconciliation in Afghanistan which are • Similarly the Taliban's move in 2001 to require inclusive and Afghan-led, Afghan-owned and Afghan Hindus to wear identification patches, Afghan-controlled. reminiscent of Nazi policies, was heavily criticised by India. Lalandar [Shatoot] Dam • In 1999, the hijacked Indian Airlines Flight 814 • In Feb 2021, Memorandum of Understanding landed and stayed in Kandahar in Afghanistan [MoU] was signed for the construction of the and the Taliban were suspected of supporting Lalandar [Shatoot] Dam in Afghanistan. them. • The Lalandar [Shatoot] Dam would meet the • India became one of the key supporters of the safe drinking water needs of Kabul City, anti-Taliban Northern Alliance. provide irrigation water to nearby areas, • India aided the overthrow of the Taliban and rehabilitate the existing irrigation and drainage became the largest regional provider of network, aid in flood protection and humanitarian and reconstruction aid to the management efforts in the area, and also present day Islamic Republic of Afghanistan. provide electricity to the region. • During the U.S.-led invasion of Afghanistan in • This is the second major dam being built by 2001, India offered intelligence and other India in Afghanistan, after the India- forms of support for the Coalition forces. Afghanistan Friendship Dam [Salma Dam], • After the overthrow of the Taliban, India which was inaugurated by the Prime Minister established diplomatic relations with the newly and the President in June 2016. established democratic government, provided Brief History of India- Afghanistan Relationship: aid and participated in the reconstruction • The bilateral relations between Afghanistan efforts. and India, which have remained strong and friendly over the decades.

Mould your thought: Write a short note on India’s role in the reconstruction and rehabilitation process in Afghanistan.

Approach to the answer: • Introduction

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• Write about Post-Taliban Era Development • Discuss India’s New Development Partnership • Discuss the significance of this partnership • Conclusion

5.7 India's Vaccine Diplomacy

Manifest pedagogy: The concept of global health diplomacy—including vaccine diplomacy—has become a major foreign-policy talking point everywhere from China to the United States. Vaccines are the single most powerful health interventions developed by modern medicine. India's "vaccine diplomacy" aims to raise New Delhi's global profile and push back against China. As the world's largest vaccine producer, India is at the forefront of supplying affordable shots against COVID-19 to low- and middle-income countries.

In news: India’s Vaccine Diplomacy Wins Friends

Dimensions: Vaccine Maitri Importance Disadvantages and Hurdles

Content: Bhutan, Maldives, Nepal, Myanmar, Seychelles Vaccine Maitri: and Mauritius. • India’s vaccine diplomacy is centered around • Countries that received vaccine supplies as the Vaccine Maitri (Vaccine Friendship) gifts (free of cost): initiative. ○ Bangladesh (20 lakh), Myanmar (17 • India has been supplying vaccines to countries lakh), Nepal (10 lakh), Bhutan (1.5 lakh), free of cost under the ‘Vaccine Maitri’ the Maldives (1 lakh), Mauritius (1 lakh), initiative. Seychelles (50,000), • Through this India continues to help small and ○ Sri Lanka (5 lakh), Bahrain (1 lakh), Oman poor countries overcome the Covid-19 (1 lakh), Afghanistan (5 Lakhs), Barbados pandemic challenges. (1 Lakh) and Dominica (70,000). • India’s Foreign Ministry says it plans to supply • Countries that received vaccines on a vaccines -- mostly free of charge -- to 49 commercial basis are: countries in Latin America, the Caribbean, Asia ○ Brazil (20 lakh), Morocco (60 lakh), and Africa. Bangladesh (50 lakh), Myanmar (20 • Some poor countries are being supplied the lakh), Egypt (50,000), Algeria (50,000), vaccine on a grant basis while some nations South Africa (10 lakh), Kuwait (2 lakh) wanted it on par with the price that the Indian and UAE (2 lakh). Government pays to the vaccine makers. • India has so far successfully supplied COVID-19 Some Interesting Facts vaccine to more than 17 countries and more • India is the largest producer of generic nations are in the queue at different levels medicines, accounting for 20 percent of their • Till date, India has supplied 56 lakh doses of global production. Covid-19 vaccines as part of an international • India produces 60 per cent of all vaccines grant while another 1 crore doses have been manufactured in the world. flown out of the country commercially. • India's Serum Institute of India, the world's largest producer of vaccines, is producing Extent of Reach millions of doses of the shot developed by • In accordance with the ‘Neighbourhood First’ Oxford University and AstraZeneca. policy, India has donated millions of doses to • The head of the WHO recently complained that neighbouring countries including Bangladesh, the developed countries monopolised the

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Pfizer and Moderna vaccines for their own • India’s ‘Vaccine Maitri’ Mission appears to populations and were not making them have taken China by surprise and put it on the available to developing countries. back foot Other measures taken by India for Vaccine Builds International Confidence Diplomacy • India has not sought to extract any conditions • India consistently supported measures to for its generosity to countries that have no temporarily suspend COVID-19 vaccine vaccines to fight pandemic intellectual property rights—which would • While the world is witnessing the aggressive mean it could produce generic versions at and threatening demeanor of China, the lightning speed whenever a vaccine was vaccine diplomacy shows a humane and caring created attitude of India towards the international • Many of the recipient countries have signed community. so-called vaccine pacts with India on a government-to-government basis to finalize Strengthening India’s Image as a Soft power the number of doses and determine whether • It has further strengthened its image as the they will be provided under grant assistance or first responder in emergency situations. under commercial terms. • India has scored in generating goodwill not just • As part of the GAVI-COVAX alliance, India among governments would further supply 1 crore (10 million) doses • Supportive actions by India through supply of to Africa and 10 lakh (1 million) to UN health Covishield and Covaxin vaccines will have a workers. huge impact in promoting peace, security, cooperation and prosperity in the region and Importance the world. Humanitarian Aid • Poorer countries have been unable to compete Disadvantages ad Hurdles: for vaccines with wealthier nations which • Transportation of vaccines at low temperatures quickly sealed deals with drug makers, and poses a logistical challenge. Vaccine doses have many parts of the Caribbean and Central to be transported in specialised containers and America are still weeks away from starting kept in ultra-low freezers. Without the cold their campaigns. chain in the receiving countries immunisation • Leaders of poor countries have accused rich may be unfruitful. countries of “hoarding” vaccines. • The funding of the massive aid programme • India’s pledge will help small and poor may be unsustainable for a developing country countries overcome the Covid-19 pandemic like India. The Indian economy is still battling challenges the effects of pandemic. • It could create vaccine shortages in India and Countering Chinese Influence could delay the protection of life in India. It will • The Indian-made vaccine offers poorer need more than a billion doses to protect its countries an alternative to Chinese vaccines, own population. Distributing the vaccines in which Beijing has been pushing across the India’s first mass adult vaccination drive might world. prove to be a daunting task.

Mould your thought: • India’s ‘Vaccine Diplomacy’ has further strengthened its image as the first responder in emergency situations. Evaluate. Approach to the answer: • Introduction • Write about Vaccine Maitri • Discuss its importance • Mention the challenges of Vaccine Diplomacy • Conclusion

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6. GEOGRAPHY 6.1 Megacity Plan for Little Andaman

Manifest pedagogy: The NITI Aayog has proposed to leverage the strategic location and natural features of the Little Andaman Island by building a new greenfield coastal city. It will be developed as a free trade zone and will compete with Singapore and Hong Kong. This plan outlined in the ‘Sustainable Development of Little Andaman Island Vision Document’ by NITI Aayog for the fragile Little Andaman Island in the Andaman and Nicobar island group has raised alarm among conservationists.

In news: NITI Aayog's megacity plan for Little Andaman alarms conservationists

Dimensions: NITI Aayog's proposal: 3 zones Importance Concerns

Content: and a marina will be developed next to the NITI Aayog's proposal - 3 zones: tourist entertainment district. • The ‘Sustainable Development of Little • A 100 km Greenfield ring road will be Andaman Island Vision Document’ by NITI constructed parallel to the coastline from east Aayog outlines the plan for developing a new to west and will be supplemented with a mass city in Little Andaman Island. rapid transit network with stations at regular • The new city will have infrastructure such as intervals. ‘underwater’ resorts, casinos, golf courses, convention centres, plug-and-play office The new Greenfield coastal city would be built complexes, a drone port with fully automated along three development anchors and zones: drone delivery system, and nature cure Zone 1: institutes. • Spread over 102 sq km along the east coast of • An international airport capable of handling all Little Andaman types of aircraft is also proposed under the • Will be the financial district and medi city and plan will include an aerocity, and a tourism and • The only jetty on the island will be expanded hospital district.

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Zone 2: be a strategic game-changer, rivalling the ports • Will be the leisure zone constructed by razing of Singapore or Colombo. 85 sq km of pristine forest • Thus, better infrastructure and connectivity • Will have a film city, a residential district and a will help India enhance its economic and tourism SEZ. defence capabilities in the islands. Zone 3: Concerns about the project: • Will be a nature zone on 52 sq km of pristine • Divisional Forest Officer, Little Andaman, raised forest serious concerns about this vision on grounds • Further categorised into three districts: an of ecological fragility, indigenous rights and exclusive forest resort, a nature healing district vulnerability to earthquakes and tsunamis. and a nature retreat, all on the western coast. Earthquake Vulnerability Location & Significance of Andaman and Nicobar • The islands are located in Seismic Zone V, part Islands of the world’s most active seismic regions. • The Andaman and Nicobar Islands are located • Here earthquakes are regular occurrences and at the juncture of the Bay of Bengal and the the 2004 tsunami was caused by an Andaman Sea. earthquake not far from the Nicobar Islands. • It is a group of 572 islands, which are at the • Tourism will be the first and the worst affected intersection of some of the busiest trade in case of calamities like earthquakes, tsunamis routes in the world. and cyclones, which occur here regularly. • These span 450 nautical miles in a roughly north-south configuration adjacent to the Rights of indegenous communities western entrance to the Malacca Strait, • Little Andaman Island is home to the which is itself a major Indian Ocean indigenous Onge community. chokepoint. • Andaman and Nicobar Protection of • Geopolitically, the Andaman and Nicobar Aboriginal Tribes Regulation (ANPATR) that connects South Asia with South-East Asia. was promulgated in 1956. • The northernmost point of the archipelago is • Significant areas of the islands have been only 22 nautical miles from Myanmar and the protected under this regulation for indigenous southernmost point (Indira Point) is about 90 communities like the Jarawa and the Onge. nautical miles from Indonesia. • In 1964-65, the entire Little Andaman island • The islands dominate the Bay of Bengal, the was a tribal reserve and the Onge the sole Six Degree and the Ten Degree Channels that residents on the island. more than sixty thousand commercial • Half a century of ‘development’ later, the Onge vessels traverse each year. Reserve is roughly 30% smaller (more than 200 • The Andaman and Nicobar Islands constitute sq. km of forest has been handed over for just 0.2% of India’s landmass but provide settlements, plantations, agriculture). near 30% of its Exclusive Economic Zone. • For every Onge on Little Andaman there are now about 200 individuals from outside. Importance of this project: Ecological Fragility • The islands are situated in a strategic location • The coast of Little Andaman is one of the most in the Indian Ocean Region (IOR). Therefore important nesting sites of the globally they are critical for India’s security. endangered Giant Leatherback sea turtle • These islands have the potential to become an • The nature resort complex proposed at West important element of India’s “Act East Policy” Bay could disrupt the breeding of these of engaging with countries in the East Asia endangered species. region. • The theme resorts, floating/underwater • The Andaman and Nicobar chain of islands resorts, beach hotels, and high-end residential could be used as a basis for Indian maritime villas in this secluded and difficult to reach part power projection into the Indo-Pacific and could have disastrous consequences on the even beyond into the south-west Pacific. ecology of the island. • They could be used for India’s Third Fleet and • Also, providing drinking water for large the trans-shipment hub. This could potentially settlement is a big challenge in many of the islands

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Mould your thought: • NITI Aayog's megacity plan for Little Andaman highlights the strategic importance of Andaman and Nicobar islands. Elaborate and highlight the concerns related to the project. Approach to the answer: • Introduction • Location and importance of Andaman and Nicobar Islands • Write about how the project wants to use these advantages • Mention the concerns related to the project • Conclusion

6.2 Cropping Systems in India

Manifest pedagogy: The agriculture and allied sector continues to be pivotal to the sustainable growth and development of the Indian economy. Not only does it meet the food and nutritional requirements of 1.3 billion Indians, it contributes significantly to production, employment and demand generation through various backward and forward linkages. Moreover, the role of the agricultural sector in alleviating poverty and in ensuring the sustainable development of the economy is well established.

In news: Agriculture and its management in India

Dimensions: Types of Cropping Systems Land Use Statistics Rain fed Agriculture Watershed Management

Content: • Rice,Maize, soybeans, and wheat are common Types of Cropping Systems crops often grown using monocropping • The term cropping system refers to the crops, techniques. crop sequences and management techniques • Monocropping allows for farmers to have used on a particular agricultural field over a consistent crops throughout their entire farm. period of years. They can plant only the most profitable crop on • It includes all spatial and temporal aspects of their entire farm, which may increase overall managing an agricultural system. farm profitability. • The Indian agriculture is decided by the soil • It allows a farmer to specialize in a particular types and climatic parameters which crop, which means that he or she can invest in determine overall agro-ecological setting for machinery designed specifically for that crop nourishment and appropriateness of a crop or to generate a large volume of the crop at set of crops for cultivation. harvest. • There are three distinct crop seasons in India, • It severely depletes the soil, as the plant will namely Kharif, Rabi and Zaid. strip the soil of the nutrients it needs. • The Kharif season started with Southwest • This forces farmers to use fertilizers, which can Monsoon under which the cultivation of disturb the natural balance of the soil and tropical crops such as rice, cotton, jute, jowar, contribute to a host of environmental bajra and tur are cultivated. problems, from pollution to desertification. • The Rabi season starts with the onset of winter • The practice can also contribute to the in October-November and ends in March-April. proliferation of crop pests and diseases, which • Zaid is a short duration summer cropping can be a serious liability when a farmer's land is season beginning after harvesting of Rabi planted exclusively with one crop. crops. • Monocropping also generally reduces crop Type of Cropping Systems is as follows: diversity. 1. Monocropping • If a crop does become subject to a particular • Monocropping is the agricultural practice of pest or disease, it becomes especially growing a single crop year after year on the vulnerable. In a world where only a few strains same land. of corn are grown, for example, if a pest

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develops to attack one, it could devastate • Pests can be controlled through intercropping global crops, and farmers might not have by trap cropping, repellent intercropping, or another strain to fall back upon. push-pull cropping. • Additionally, the practice is very dangerous • A possible problem is that the intercrop may when natural disasters or shifting weather compete with the main crop for light, water devastate a crop. Farmers may find themselves and nutrients. This may reduce the yields of heavily in debt at the end of the season, and both crops. the lack of harvest could translate into famine or general hardship. 3. Sequential cropping • This involves growing two crops in the same 2. Intercropping field, one after the other in the same year. • Intercropping is a farming method that • In some places, the rainy season is long enough involves growing two or more crops together to grow two crops: either two main crops, or at the same time and on the same piece of one main crop followed by a cover crop. land. • Growing two crops may also be possible if • There are at least four types of intercropping there are two rainy seasons, or if there is according to spatial arrangement enough moisture left in the soil to grow a ○ ROW INTERCROPPING is the growing of second crop. If the crops are different, this is a two or more crops at the same time with crop rotation. at least one crop planted in rows. In farms grown to perennial crops, annual 4. Crop rotation: crops like corn, rice and pineapple are • This means changing the type of crops grown commonly grown as intercrop between in the field each season or each year (or the rows of the main crop. changing from crops to fallow). ○ STRIP INTERCROPPING is the growing of • Crop rotation is a key principle of conservation two or more crops together in strips agriculture because it improves the soil wide enough to allow separate structure and fertility, and because it helps production of crops using mechanical control weeds, pests and diseases. implements, but close enough for the • Crop rotation is one of the oldest and most crops to interact. effective cultural control strategies. It means ○ MIXED INTERCROPPING OR MIXED the planned order of specific crops planted on CROPPING is the growing of two or more the same field. crops at the same time with no distinct • It also means that the succeeding crop belongs row arrangement. to a different family than the previous one. The ○ RELAY INTERCROPPING OR RELAY planned rotation may vary from 2 or 3 year or CROPPING is a system in which a second longer period. crop is planted into an existing crop when it has flowered (reproductive 5. Alley Cropping System stage) but before harvesting. There is • Alley cropping system is the cultivation of food, thus a minimum temporal overlap of two forage, or specialty crops between rows of or more crops. trees. • It helps to suppress weeds since the crops take • This system is a larger version of intercropping up much space that would have allowed the or companion planting conducted over a longer weeds to grow. Some weeds also find it time scale. difficult to grow alongside some crops • In the Alley cropping system, rows of trees are • Growing two crops alongside each other can be planted at wide spacing with a companion crop of great benefit, especially if their interactions grown in the Alleyways between the rows. increase the fitness of one or both plants. For • Alley cropping improves farm income, crop instance, plants that are likely to tip over in production, and protects crops. wind may gain structural support from their • It allows the farmer to effectively use available companions. Some plants may also provide resources and yield more benefits. shade to the light-sensitive plants. • One main disadvantage of the Alley cropping system is that additional labour is required to prune the trees.

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Land use statistics Irrigation • The agriculture sector employs nearly half of • Water is the most critical resource for the workforce in the country. However, it agriculture, gaining primacy even over soil. contributes to 17.5% of the GDP at current • India has only about 4 per cent of the world’s prices freshwater resources. • Over the past few decades, the manufacturing • Thus, large tracts of land are dependent on and services sectors have increasingly seasonal rainfall for crop cultivation, which contributed to the growth of the economy, • Hampers productivity and the adoption of high while the agriculture sector’s contribution has yielding varieties and other inputs. decreased from more than 50% of GDP in the • Yields in rainfed areas remain low, and this low 1950s to 15.4% (at constant prices) yield underscores the importance of irrigation • As per the latest available land use statistics in the country (2012-13), out of the total land mass of 328.73 • As per the Report of the Task Force on million hectares in India. Irrigation (2009) constituted by the then Planning Commission, for a gross irrigated area The statistics about land use in India are as follows: of about 91 mha and Net irrigated area is • Forest area: 70 mha (21.30 per cent) sound 66 mha. • Non-agricultural uses: 26.5 mha (8.05 per cent) • Barren & uncultivable: 17.3 mha (5.26 per Forest Area: cent) • This includes all land classified either as forest • Permanent pastures: 10.2 mha (3.12 per cent) under any legal enactment, or administered as • Agricultural land: 181.95 mha (55.3 per cent) forest, whether State-owned or private, and ○ Net Sown Area: 139.9 mha (42.57 per whether wooded or maintained as potential cent) forest land. ○ Miscellaneous tree crops: 3.2 mha (0.96 • The area of crops raised in the forest and per cent) grazing lands or areas open for grazing within ○ Culturable waste: 12.6 mha (3.83 per the forests remain included under the “forest cent) area”. ○ Fallow land: 26.3 mha (8 per cent) • Over the years, there has been a gradual Area under Non-agricultural Uses: increase in the area of land under non- • This includes all land occupied by buildings, agricultural uses. During the period 2001-02 to roads and railways or under water, e.g. rivers 2012-13, the area under non-agricultural uses and canals, and other land put to uses other has increased by 2.60 million hectares (11 per than agriculture. cent). • During the same period, cultivable land has Barren and Unculturable Land: marginally declined by 1.60 million hectares • This includes all land covered by mountains, (0.9 per cent) and net sown area has stagnated deserts, etc. at about 140 million hectares. • Land which cannot be brought under • As a normal process of urbanization and cultivation except at an exorbitant cost is development, while the area under non- classified as unculturable whether such land is agricultural uses is increasing, agricultural land in isolated blocks or within cultivated holdings. is decreasing at a slow rate due to various measures taken by the government to bring Permanent Pasture and other Grazing Land: degraded/culturable wasteland under • This includes all grazing land whether it is cultivation. permanent pasture and meadows or not. • The net sown area increased significantly, i.e., • Village common grazing land is included under by about 18 per cent, from 119 million this heading. hectares in 1950- 51 to 140 million hectares in 2012-13, Land under Miscellaneous Tree Crops, etc. : • The cropping intensity increased from 111 per • This includes all cultivable land which is not cent to 139 per cent during between 1950 and included in ‘Net area sown’ but is put to some 2013 agricultural uses.

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• Land under casuring trees, thatching grasses, • A major concern about the rainfed agriculture bamboo bushes and other groves for fuel, etc. in India is the low level of productivity, in fact which are not included under ‘Orchards’ are one among the lowest in dry and rainfed classified under this category. regions in the world. • While irrigated crops have registered an Culturable Waste Land: improvement in yield and total productivity • This includes land available for cultivation, since the 1960s, those of rainfed crops or dry whether taken up or not taken up for farming have stagnated. cultivation once, but not cultivated during the last five years or more in succession including Watershed Management: the current year for some reason or the other . • Watershed management aims to care for • Such land may be either fallow or covered with natural resources in a way that supports shrubs and jungles which are not put to any human needs for water, food, fiber, energy, use. and habitation • They may be accessible or inaccessible and • A watershed is an area of land and water may lie in isolated blocks or within cultivated bounded by a drainage divide within which the holdings. surface runoff collects and flows out of the watershed through a single outlet into a larger Fallow Lands other than Current Fallows: river or lake. • This includes all land which was taken up for • Watershed technology is used in Rainfed areas. cultivation but is temporarily out of cultivation for a period of not less than one year and not National Watershed Project for Rain fed Areas – more than five years. NWDPRA • To alleviate the troubles of farmers in the Current Fallows: rainfed areas, Indian government has extended • This represents the cropped area which is kept support through the National Watershed fallow during the current year. Development Project for Rain fed Areas or the NWDPRA. Net Area Sown: • Launched in 1990-91, NWDPRA was based on • This represents the total area sown with crops the two essential pillars – integrated and orchards. Areas sown more than once in watershed management and sustainable the same year are counted only once. farming systems • Some of the activities undertaken by the Total Cropped Area: project are: • This represents the total area sown once • Treatment of land for soil fertility and moisture and/or more than once in a particular year, i.e. retention. Certain activities are also aimed at the area is counted as many times as there are biomass production like afforestation, sowings in a year. horticulture, and pasture management. • This total area is known as gross cropped area. • Treatment of arable lands for enhanced in-situ soil and conserving moisture to increase the Rainfed Agriculture production of crops through efficient cost- • Rainfed agriculture is a type of farming that effective, sustainable, and reliable cropping relies on rainfall for water. strategies with the use of minimum resources. • About 56 % of the total cultivated area in India • Development of aquatic resources and falls under rainfed agriculture. improving the recharging process of • Rainfed agriculture contributes to 40 % of underground aquifers. India's food production. • Improving the social status and the standard of • It accounts for much of the national area under living of watershed reliant farmers. coarse cereals (85%), pulses (83%), oilseeds • To increase the average income of the farmers (70%) andcotton (65%); and holds 60 % of the small and marginal through increased total livestock populations. employment Mould your thought: • NITI Aayog's megacity plan for Little Andaman highlights the strategic importance of Andaman and Nicobar islands. Elaborate and highlight the concerns related to the project.

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Approach to the answer: • Introduction • Location and importance of Andaman and Nicobar Islands • Write about how the project wants to use these advantages • Mention the concerns related to the project • Conclusion 7. GOVERNANCE 7.1 Charter for Banks : FCRA

Manifest pedagogy: With a view to streamlining the procedures and ensuring effective enforcement and compliance, the Foreign Contribution (Regulation) Act, 2010 has been further amended on 28th September, 2020. FCRA is a national & internal security law to ensure that foreign funds don’t affect national interests. The recent charters issued by the Ministry of Home Affairs open up the debate on regulation of foreign funding of civil society organisations.

In news: The Ministry of Home Affairs (MHA) has laid down a charter for banks

Dimensions: Main Provisions of the charter Impact of the charter (Positives and Negatives)

Content: • All NGOs seeking foreign donations have to Main Provisions of the Charter: open a designated FCRA account at the SBI • Banks have been given a very crucial role in branch by March 31. ensuring that the provisions of the Foreign • The NGOs can retain their existing FCRA Contribution (Regulation) Act, 2010 (FCRA, account in any other bank but it will have to be 2010) and the Foreign Contribution mandatorily linked to the SBI branch in New (Regulation) Rules, 2011 (FCRR, 2011) Delhi. • The Ministry of Home Affairs has laid out a • The Charter prohibits banks from crediting any series of guidelines and charter to make the foreign contribution to the account of an NGOs and the banks comply with the new association unless it produces documentary provisions. evidence of having obtained registration/prior permission from the Central Government Changes to definition of Foreign Contributions (FC) • If any foreign contribution is credited to the • Donations received in Indian rupees by non- account of an Association directly, the bank governmental organisations (NGOs) and should not allow utilization of such fund associations from any foreign source even if • The bank should ask the association concerned that source is located in India at the time of to obtain permission from the government to such donation should be treated as “foreign utilise these funds contribution” • The bank should inform the Director/ Deputy • Donations given in Indian rupees (INR) by any Secretary (FCRA), Ministry of Home Affairs, foreigner/foreign source including foreigners of Govt. of India, New Delhi about direct receipt Indian origin like OCI or PIO cardholders should of foreign funds. also be treated as foreign contribution. • Any asset created with Foreign Contribution remains as FC asset. Upon disposal of the Utilisation of Foreign Funds asset, the sale proceeds should be deposited in • All foreign contributions received from any the designated FC account. ‘foreign source’ must be necessarily received Penal Provisions only in a bank account and must be routed and • Any violation by the NGO or by the bank may spent only through bank accounts. invite penal provisions of The FCRA, 2010.

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• RBI is empowered to take appropriate action person is also registered to accept foreign for non-compliance of the charter by any bank contribution. • The Bill states that foreign contribution must What is FCRA (Foreign Contribution Regulation be received only in an account designated by Act)? the bank as FCRA account in such branches of • It is an act of Parliament enacted in 1976 and the State Bank of India, New Delhi. amended in 2010 to regulate foreign donations • No funds other than the foreign contribution and to ensure that such contributions do not should be received or deposited in this adversely affect internal security. account. • Coverage: It is applicable to all associations, • The Bill gives government powers to stop groups, and NGOs which intend to receive utilisation of foreign funds by an organization foreign donations. through a “summary enquiry”. • Members of the legislature and political • Reduction in use of foreign contribution for parties, government officials, judges, and administrative purposes: media persons are prohibited from receiving • The bill decreases administrative expenses any foreign contribution. through foreign funds by an organisation to • However, in 2017 the FCRA was amended 20% from 50% earlier. through the Finance Bill to allow political parties to receive funds from the Indian Impact of the Charter: subsidiary of a foreign company or a foreign Benefits of the Charter company in which an Indian holds 50% or more • Prevention of Misuse of funds: The shares. government can monitor the use of foreign • It is mandatory for all such NGOs to register money is not used for activities that affect themselves under the FCRA. The registration is India’s internal security. An official report initially valid for five years and it can be quantifying the GDP losses allegedly caused by renewed subsequently if they comply with all environmental NGOs was prepared during the norms. UPA period, indicating a foreign conspiracy • Registered associations can receive foreign against India. contributions for social, educational, religious, • Enhancing transparency and accountability of economic, and cultural purposes. The filing of NGOs: The annual inflow of foreign annual returns on the lines of Income Tax is contribution has almost doubled between the compulsory. years 2010 and 2019. At the same time, much • In 2015, the MHA notified new rules which of these funds were not utilised for the required NGOs to give an undertaking that the purpose for which they were registered or acceptance of foreign funds is not likely to granted prior permission under FCRA. prejudicially affect the sovereignty and • Regulating activities of NGOs: Many NGOs and integrity of India or impact friendly relations associations did not adhere to statutory with any foreign state and does not disrupt compliances such as submission of annual communal harmony. returns and maintenance of proper accounts. Key provisions of FCR (Amendment), Act 2020: Through these changes the government has Prohibition on accepting foreign contribution: oversight of all funds. • Public servant includes any person who is in service or pays of the government or Negative impacts remunerated by the government for the • Over-regulation: New regulations put performance of any public duty. excessive conditions on NGOs, civil society • Certain public servants in the prohibited organizations, and educational and research category for accepting foreign contribution. institutions that have partnerships with foreign They include election candidates, editor or entities. publisher of a newspaper, judges, government • Hinders social work: Many NGOs serve servants, members of any legislature, and extremely disadvantaged sections. New rules political parties. restrict their scope of voluntary actions only on Transfer of foreign contribution and its use: presumption of guilt against them. • Under the Act, foreign contribution cannot be • Impinge on Constitutional rights: According to transferred to any other person unless such the International Commission of Jurists, the

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new amendments to FCRA are incompatible • Costly compliance on cash strapped NGOs: with international obligations and India’s own Every FCRA-registered NGO will have to open constitutional provisions on rights. The United an FCRA-marked bank account with a Nations Human Rights Council resolution on designated branch of State Bank of India in protecting human rights defenders says that no New Delhi. Around 93% of FCRA NGOs are law should criminalize or delegitimize activities registered outside Delhi, and will now have to in defense of human rights on account of the open a bank account in the capital. origin of funding. • Difficulty in paying salaries: The term • Restricts flow of investments & technology: Administrative Expenses in FCRA rules is As a growing economy, India has been defined to include all salaries. Limiting proactive in seeking global capital and administrative expenses to 20% of total foreign technology. Strict rules governing FCRA will donations received, will be a major blow to impact investments. organisations in terms of payment of salaries, • Selective barriers: The over-regulation appears professional fees, utility bills, travel and other to be towards selected categories of global such expenditure. ideas and ideals such as environmentalism, human rights, and civil liberties.

Mould your thought: • Discuss the impacts of the Charter for Banks on FCRA by the Ministry of Home Affairs.

Approach to the answer: • Introduction • Discuss the objective of FCRA • Mention the changes made in the Charter • Discuss the impacts of this move • Conclusion

7.2 Family Planning in India: Is it Anti-women?

Manifest pedagogy: Sterilisations are a part of India’s national scheme of combating population growth. The rationale behind these initiatives is to achieve economic growth through population control. However, many argue these programs have been unfairly targeting women.

In news: Family Planning and Reproductive Rights

Dimensions: Need for a Population Control Sterilization program under earlier governments Sterilization Program today and Gender Bias Other better methods to control Population

Content: • One percent growth rate means an addition of Need for Population Control 1 crore people every year but actually speaking • Population stabilization and sustainable 2 crore persons are being added every year. development are critical determinants of • Economic Survey 2018-19 notes that India is human development and improvement in set to witness a “sharp slowdown in population quality of life. growth in the next two decades”. • India, the second most populous country in the • The prevailing high maternal, infant, childhood world, has no more than 2.5% of global land morbidity and mortality, low life expectancy but is the home of 1/6th of the world's and high fertility had been a source of concern population. for public health professionals right from the • Population of India is quite large and rapidly pre-independence period. increasing. • The technological advances and improved quality and coverage of health care resulted in

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a rapid fall in Crude Death Rate (CDR) from The document stated a special strategic theme for 25.1 in 1951 to 6.2 in 2018. underserved population—slum population, tribal • In contrast, the reduction in Crude Birth Rate communities, displaced migrant population and (CBR) has been less steep, declining from 40.8 adolescents. NPP 2000 had identified a separate in 1951 to 20 in 2018. strategic theme for the aged persons for their • Therefore demographic transition had resulted health care and support. in the annual exponential population growth of over 2% Sterilization program under earlier governments National Population policy, 2000: • India is the first country to have a state- • The National Population Policy (NPP) 2000 aims sponsored family planning programme, with a at stable population by 2045. special focus on sterilisation. • The essence of the policy was the • Sterilization Camps are a part of India’s government’s commitment to “voluntary and national scheme of combating population informed choice and consent of citizens while growth. availing of reproductive health care services” • The rationale behind these initiatives is to along with a “target free approach in achieve economic growth through population administering family planning services”. control. Under Indira Gandhi’s rule in the The following national socio-demographic goals 1970’s, large-scale sterilisation was carried out were formulated to be achieved by 2010: focused on men. • To address the unmet needs for basic • To achieve quotas, even the childless, poor, reproduction (contraception), child health young men, were forced to undergo services, supplies and infrastructure (health sterilisations. personnel). • More than 6 million men were sterilised, • To make school education up to age 14 free igniting large-scale protests and the eventual and compulsory and reduce dropouts at downfall of Gandhi’s rule. primary and secondary school levels to below • The failure of this initiative led to the 20 per cent for both boys and girls. discontinuation of the program, only to be • To reduce infant mortality rate to below 30 per reintroduced in 1977. 1,000 live births. • This time the scheme had a change in its • To reduce maternal mortality rate to below structure that ensured it doesn’t meet the fate 100 per 100,000 live births. of discontinuation. This time, the scheme was • To achieve universal immunization of children focused on women. against all vaccine preventable diseases. • To promote delayed marriages for girls, not Sterilization Program today and Gender Bias earlier than age 18 and preferably after 20 • Female sterilisations have become the main years of age. focus for India’s family planning programs (now • To achieve universal access to called, ‘family welfare’). information/counseling, and services for • 96% of all sterilisations are the ones that fertility regulation and contraception with a women have undergone. wide basket of choices. • In 2012 itself, more than 4.6 million women • To achieve 80 per cent institutional deliveries were sterilised. and 100 per cent deliveries by trained persons. • The invisibilisation of men from family planning • To achieve 100 per cent registration of births, has resulted in women bearing the entire deaths, marriages and pregnancies responsibility for birth control. • To prevent and control communicable • Till date, thousands of women have been diseases, especially AIDS and sexually hospitalised, put on mechanical ventilators, transmitted infections (STIs). and even died, because of these sterilisation • To promote vigorously the small family norm. camps. • To integrate Indian Systems of Medicine (ISM) • As per a report by the National Family Health in the provision of repro•ductive and child Survey, most men believe that contraception is health services, and in reaching out to a woman’s business, and they have got to do households. nothing with it.

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• It will be beneficial to orphan children and Other better methods to control Population children couples. Population explosion is a social problem and it is Change in Social Outlook: deeply rooted in society. So efforts must be done to • Social outlook of the people should undergo a remove the social evils in the country. change. Minimum age of Marriage: • Marriage should no longer be considered a • As fertility depends on the age of marriage. So social binding. Issueless women should not be the minimum age of marriage should be raised. looked down upon. • In India the minimum age for marriage is 21 Social Security: years for men and 18 years for women has • More and more people should be covered been fixed by law. under-social security schemes. • This law should be firmly implemented and • So that they do not depend upon others in the people should also be made aware of this event of old age, sickness, unemployment etc. through publicity. with these facilities they will have no desire for Raising the Status of Women: more children. • There is still discrimination to the women. Popularising use of Contraceptives • They are confined to four walls of the house. • The use of other contraceptive methods such They are still confined to rearing and bearing as condoms, pills, etc., has to be encouraged children. and made accessible to all. • So women should be given opportunities to Inclusion of men in population planning develop socially and economically. Free • To take steps towards a safer, and more education should be given to them. reliable approach of family planning is to Spread of Education: recognise the role of men as well. • The spread of education changes the outlook • Men account for a total of 5.9% of the usage of of people. family planning methods (condoms and • The educated men prefer to delay marriage sterilisations). and adopt small family norms. Popularising Family Planning: • Educated women are health conscious and • This method implies family by choice and not avoid frequent pregnancies and thus help in by chance. lowering birth rate. • By applying preventive measures, people can Adoption: regulate birth rate. • Some parents do not have any child, despite • This method is being used extensively; success costly medical treatment. It is advisable that of this method depends on the availability of they should adopt orphan children. cheap contraceptive devices for birth control.

Mould your thought: • Are family planning measures in India discriminatory against women? Give reasons for your observation. Approach to the answer: • Introduction • Write About focus On Sterilization • Discuss the problems associated with sterilisation • Mention other alternatives • Conclusion 7.3 NEP: Need for Structural Reforms in Universities & Colleges

Manifest pedagogy: New Education Policy (NEP) 2020 covers a wide spectrum of issues, including reforms in school and higher education. However, emphasis should also be on the need to restructure the governing bodies for universities and autonomous colleges.

In news: Structural reforms for NEP 2020

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Dimensions: Problems with Governing Bodies of Universities and their impact How to improve the situation?

Content: Problems with Governing Bodies of Universities and Restructuring Selection Committee for Vice- their impact Chancellors: The governing bodies for universities and autonomous • The government’s and chancellors’ role in such colleges have the following problems: committees must be stopped. Appointments are often mired in controversies: • The practice of having government nominees, • There have been frequent reports in the past chancellor’s nominees and university nominees of aspirants for the post of vice-chancellors and should be stopped. membership of syndicates indulging in • It should be replaced by drawing an eminent unethical practices to gain favour former vice-chancellor or academician of Opaque Recruitment Procedures: proven integrity and administrative capability • In the existing system of syndicates, the for the post of chairman. members usually consist of government Transparent Selection Procedures: nominees and those nominated by Governors • Applications for the post of vice-chancellors or chancellors. can be invited through advertisements on the • This opaque selection procedure results in university website and through newspapers. people lacking merit but with an eye on • Biodata of candidates must also be published memberships of affiliation, building, and on the websites. purchase committees, among others, getting • The committee may then allot marks to nominated to these bodies. candidates’ scholarship in terms of teaching Political interference and research, administrative capabilities, and • The practice of having government nominees, capacity for fundraising. chancellor’s nominees and university nominees • The scores obtained by candidates should be is riddled with scope for political interference consolidated and the names of shortlisted in academic affairs. candidates then submitted in the order of merit to chancellors for deciding on formal How to improve the situation? appointments. The following solutions could be applied to solve these Ensuring accountability of faculty through problems: Institutional structure of ‘academic audit’: Replacing Syndicate with new Board of Management: • Faculty members must mandatorily upload on • The NEP 2020 talks of creating new structures, university websites their annual plans for such as a Board of Management, to replace research and innovative modes of teaching. the syndicate system. • Their annual self-appraisal reports can be Making Board of Management more representative: evaluated by external peers and their • The vice-chancellor as chairman, the Board of recommendations should be strictly Management should consist of former vice- implemented. chancellors drawn from other universities, • There is an urgent need to overcome faculty members drawn from industry, the alumni, shortage by recruiting teachers in order to eminent public intellectuals, principals of overcome the existing trend of higher affiliated colleges on rotation and members educational institutions relying on guest representing the non-teaching staff. faculty. Mould your thought: • The governing bodies of Universities and autonomous colleges need reforms for successful implementation of National Education Policy 2020. Evaluate. Approach to the answer: • Introduction • Discuss Problems of Governing bodies of Universities and their impacts • Mention the solutions to tackle these issues • Write how they will impact academic achievement of Higher Education in India • Conclusion

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8. LAW AND POLICY 8.1 Delay in Appointments to Law Commission

Manifest pedagogy: The Supreme Court recently asked the Home and Law Ministries to explain the nearly three- year-long lapse in making appointments to the Law Commission. The posts of Chairperson and Members have been vacant ever since the 21st Law Commission under the former Supreme Court judge, Justice B.S. Chauhan, completed its tenure on August 31, 2018. Thus the issue gains prominence in the UPSC polity and governance segments.

In news: SC asks government to explain delay in appointments to Law Commission

Dimensions: Law Commission of India and its Origins Nature & Composition Functions Contributions Weakness of the Commission Suggestions to strengthen it

Content: for establishing a Central Law Commission to Law Commission of India and its Origins: recommend revision and updating of the • The Law Commission of India is an executive inherited laws to serve the changing needs of body whose chief function is legal reforms in the country. the country. • The Government of India reacted favourably • The first Law Commission in India was and established the First Law Commission of established in 1834 under the Chairmanship of Independent India in 1955 with the then Lord Macaulay. This was done as per the Attorney-General of India, Mr. M. C. Setalvad, provisions of Charter Act of 1833. as its Chairman. • The First Law Commission recommended • Since then twenty one more Law Commissions codification of the Indian Penal Code, the have been appointed, each with a three-year Criminal Procedure Code and a few other term and with different terms of reference. matters. Nature & Composition: • Thereafter, the second, third and fourth Law • Law Commission of India is an executive body Commissions were constituted in 1853, 1861 (non-statutory body) established by an order and 1879 respectively. of the Government of India. • During a span of fifty years contributed a great • The Law Commission is neither a statutory nor deal to enrich the Indian Statute Book with a a constitutional body. large variety of legislations on the pattern of • Its membership primarily comprises legal the then prevailing English Laws adapted to experts, who are entrusted a mandate by the Indian conditions. Government. • The Indian Code of Civil Procedure, the Indian • The commission is established for a fixed Contract Act, the Indian Evidence Act, the tenure of 3 Years Transfer of Property Act. etc. are products of • In February 2020, 22nd Law Commission of the labour of the first four Law Commissions. India for a period of 3 years was approved by the Cabinet chaired by PM Narendra Modi. Post-Independence Developments: • However, it has not appointed the Chairperson • After independence, the Constitution of India and Members till date. with its Fundamental Rights and Directive • The tenure of the 21st Law Commission of Principles of State Policy gave a new direction India was up to August 31, 2018. to law reform geared to the needs of a democratic legal order in a plural society. Composition of the Commission is as follows: • Though the Constitution stipulated the • It has a full-time chairperson and four full-time continuation of pre-Constitution Laws (Article members, including a member-secretary. 372) till they are amended or repealed, there had been demands in Parliament and outside

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• Law and Legislative Secretaries in the Law number of research analysts (and even law Ministry will be the ex-officio members of the students from 2007) commission. • The commission works upon the assigned • It is empowered to have five part-time agenda and primarily comes up with research Members depending upon the need and on the based reports, often conclusive and with Approval of the Government. recommendations. • A retired Supreme Court judge or Chief Justice • The permanent members of the Commission of a High Court will head the Commission. generally are responsible for framing the exact topic and reference to work upon and often Functions of Law Commission: take the services of eminent law experts and • Its major function is to work for legal reform. jurists who are familiar with the matter under • It works as an advisory body to the Ministry of review. Law and Justice and its recommendations are • These experts may either work part-time with not binding. the commission or may have been requested • The Law Commission shall, on a reference to contribute to specific reports or issues under made to it by the Central Government or suo- review. motu, undertake research in law and review of existing laws in India for making reforms Contributions: therein and enacting new legislations. • The Law Commission of India, though an ad • It shall also undertake studies and research for hoc body, has been key to law reform in India. bringing reforms in the justice delivery systems • Its role has been both advisory and critical of for elimination of delay in procedures, speedy the government's policies. disposal of cases, reduction in cost of litigation • The Supreme Court of India and academia have etc. recognized the commission as pioneering and prospective. The Law Commission of India shall, inter-alia: – • In a number of decisions, the Supreme Court • Identify laws which are no longer needed or has referred to the work done by the relevant and can be immediately repealed commission and followed its • Examine the existing laws in the light of DPSP recommendations. and Preamble • The fact that the chairman of the commission • Consider and convey to the Government its is generally a retired judge of the Supreme views on any subject relating to law and Court has helped the prominence of the judicial administration that may be specifically commission. referred to it by the Government through • The power vested in the commission to suo Ministry of Law and Justice (Department of motu take up matters for discussion and Legal Affairs); submit recommendations has also worked well • Consider the requests for providing research to to the advantage of India's legal system. any foreign countries as may be referred to it • The history of the commission is replete with by the Government through the Ministry of such recommendations which have been made Law and Justice (Department of Legal Affairs); in the wake of the hour and where the law has • Take all such measures as may be necessary to needed change. harness law and the legal process in the service • Further, the commission has been often of the poor; returned to review its earlier reports in the • Revise the Central Acts of general importance wake of changed scenarios and the aptness of so as to simplify them and remove anomalies, law in such situations. ambiguities and inequities; • Euthanasia and related issues, in particular, Working of the Law Commission: has been one such area where the commission • The Law Commission works in close has relooked the situation at least three times, coordination and under the general instruction with the latest being its 196th report on the of the Ministry of Law and Justice. topic • It generally acts as the initiation point for law • The commission has also been requested to reform in the country. work upon specific issues and submit its views • Internally, the Law Commission works in a by the Supreme Court on various occasions. research-oriented manner - Employing a

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• The latest in regard has been the 205th report 2. Lack of Finance: of the commission which has been prepared in • The part-time members of the Law view of the Supreme Court's request for Commission work as a service to the Law assistance in determination of "certain legal Commission for the legal reforms without any issues relating to child marriage, and the kind of official payment. different ages at which a person is defined as a • The full-time officer bearers get very low child in different laws." remuneration as approx 1 lakh rupees per • A number of its reports have been taken month. The total financial budget of the Law receptively by the various ministries and have Commission of India for the 2013-14 session been worked upon to change the legal was 13.61 crore (2014 data). scenario. • It is quite tough to manage for a research • There are several good suggestions which are institution to manage with such a low fund. today the part of our judicial system. 3. Inadequate Implementation of the • The Fast track courts, Anti-defection law, recommendations: Commercial Courts, Electoral reforms, • The recommendation of the Law Commission different tribunals, and amendment in has no binding value. It lies over the discretion numerous legal provisions including the of the Ministry of Law and Justice that whether Criminal Procedure Code, Civil procedure Code, it will implement the recommendations or and Indian Evidence Act are the brainchild of reject it. the Law Commission. • In India merely half of the recommendations are implemented by the Government of India. Weakness of the Commission: • In comparison, approximately 70 percent of • The pace of the legal reform in the judicial the laws recommended by the Law system depends on the work output of the Law Commission of UK are implemented by the Commission of India. UK’s Parliament since 1965 • The implementation of the recommendation of • Although the Law Commission of India is an the Law Commission of India is also one of the ideologically independent body, it sits in the important factors for the reforms to be domain of the Ministry of Law and Justice. brought in the legal system. • Sometimes it has given excellent ideas to the government but the government has destroyed The Law Commission is facing several hurdles in its it due to the politics and the working system of proper functioning. They include: the bureaucracy. 1. Non-statutory status: • The Commission has neither any definite Suggestions to strengthen the Commission: composition, definite appointment eligibility • The Government needs to provide the Law for the chairperson, secretary, and neither Commission with a statutory status setting the other members nor any fixed functions. regulation for appointment and function of its • Everything depends on the discretion of the penal members. government. The terms of reference are • The Government should consider this problem constituted every time as if it is an ad-hoc body and increase the budget of the Commission for • The government has also been facing its smooth functioning. allegations of favouritism in the appointment • The Government needs to take the issue of of the Chairman and the Secretary members. non-implementation seriously and address it so that the Commission’s good suggestions can be implemented in the judicial system. Mould your thought: • Working under the executive shadow hampers the efficiency of the Law Commission of India. Critically Evaluate. Approach to the answer: • Introduction • Write about the present working and functions of Law Commission • Discuss the hurdles face by Law Commission • Write the ways to correct these shortcomings • Conclusion

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8.2 Use and Misuse of IT Act 2000

Manifest pedagogy: In a letter addressed to all principal secretaries and secretaries of various departments in Bihar, has sought intimation of any offensive social media posts against the government, ministers, MPs, legislators and state officials by individuals or organisations so that the EOW could take action in accordance with IT Act. This has sparked debates over how the state government is moving towards curbing freedom of speech on the internet.

In news: Bihar police circular says offensive social media posts against govt to be treated as cyber crime

Dimensions: Section 66A of the IT Act 2000 SC ruling on the section (Shreya Singhal Case) IT act 2000: History, objective and Provisions How does the circular violate SC judgement?

Content: • Any electronic mail or electronic mail message Section 66A of the IT Act 2000: for the purpose of causing annoyance or Section 66A of the Information Technology Act 2000 inconvenience or to deceive or to mislead the provides punishment for sending offensive messages addressee or recipient about the origin of such through communication services. messages, shall be punishable with imprisonment for a term which may extend to It defines the punishment for sending offensive three years and with fine." messages through a computer or any other Section 66A had been dubbed as “draconian” for it communication device like a mobile phone or tablet. A allowed the arrest of several innocent persons, igniting conviction of it can fetch a maximum three years of jail a public outcry for scrapping it. and a fine. SC Ruling on the Section 66A: These messages may be any information created,The Supreme Court’s judgement in Shreya Singhal v. transmitted or received on a computer system, resourceUnion of India is considered as a landmark judgement or device including attachments in the form of: that upheld the right to free speech. • Text In March 2015, Supreme Court struck down section • Images 66A of the IT Act, 2000 which provided provisions for • Audio the arrest of those who posted allegedly offensive • Video content on the internet upholding freedom of • Any other electronic record which may be expression. transmitted with the message The law targets messages that: Pronouncing the verdict in Shreya Singhal v. Union of • Are grossly offensive or menacing India case the Supreme Court held that: • Proffer false information intending to cause • Section 66A arbitrarily, excessively and annoyance, inconvenience, intimidation, insult, disproportionately invades the right of free obstruction, etc., speech under Article 19(1) • Are intended at deceiving the addressee about • It upsets the balance between freedom of the origin of the message speech and the reasonable restrictions that may be imposed on this right The Section 66A of IT Act 2000 says that: • Definition of offences under the provision was Any person who sends, by means of a computer “open-ended and undefined” resource or a communication device IT acts 2000: History, Objective and Provisions: • Any information that is grossly offensive or has The Information Technology Act, 2000 was notified on menacing character; or October 17, 2000. • any information which he knows to be false, It is the law that deals with cybercrime and electronic but for the purpose of causing annoyance, commerce in India. inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or History: ill will, persistently by making use of such • In 1996, the United Nations Commission on computer resource or a communication device, International Trade Law (UNCITRAL) adopted

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the model law on electronic commerce (e- Features of the Information Technology Act, 2000 commerce) to bring uniformity in the law in • All electronic contracts made through secure different countries. electronic channels are legally valid. • Further, the United Nations General Assembly • Legal recognition for digital signatures. recommended that all countries must consider • Security measures for electronic records and this model law before making changes to their also digital signatures are in place own laws. • A procedure for the appointment of • India became the 12th country to enable cyber adjudicating officers for holding inquiries under law after it passed the Information Technology the Act is finalized Act, 2000. • Provision for establishing a “Cyber Regulatory • While the first draft was created by the Appellant Tribunal” under the Act. Further, Ministry of Commerce, Government of India as this tribunal will handle all appeals made the ECommerce Act, 1998, it was redrafted as against the order of the Controller or the ‘Information Technology Bill, 1999’, and Adjudicating Officer. passed in May 2000. • An appeal against the order of the Cyber Appellant Tribunal is possible only in the High Objectives of the Act: Court • The Information Technology Act, 2000 • Digital Signatures will use an asymmetric provides legal recognition to the transaction cryptosystem and also a hash function done via electronic exchange of data and • The Act applies to offences or contraventions other electronic means of communication or committed outside India electronic commerce transactions. • Senior police officers and other officers can • This also involves the use of alternatives to a enter any public place and search and arrest paper-based method of communication and without warrant information storage to facilitate the electronic • Provisions for the constitution of a Cyber filing of documents with the Government Regulations Advisory Committee to advise the agencies. Central Government and Controller. • Further, this act amended the Indian Penal Section 69A of IT Act Code 1860, the Indian Evidence Act 1872, the • Section 69A empowers the authorities to Bankers’ Books Evidence Act 1891, and the intercept, monitor or decrypt any information Reserve Bank of India Act 1934. generated, transmitted, received or stored in any computer resource The objectives of the Act are as follows: • This can be done in the interest of the • Grant legal recognition to all transactions done sovereignty or integrity of India, defense of via electronic exchange of data or other India, the security of the State, friendly electronic means of communication or e- relations with foreign states or public order or commerce, in place of the earlier paper-based for preventing incitement to the commission of method of communication. any cognizable offence or for investigation of • Give legal recognition to digital signatures for any offence. the authentication of any information or • It also empowers the government to block matters requiring legal authentication internet sites in the interests of the nation. • Facilitate the electronic filing of documents • The law also contained the procedural with Government agencies and also safeguards for blocking any site. departments • When parties opposed to the section stated • Facilitate the electronic storage of data that this section violated the right to privacy, • Give legal sanction and also facilitate the the Supreme Court contended that national electronic transfer of funds between banks and security is above individual privacy. financial institutions • The apex court upheld the constitutional • Grant legal recognition to bankers under the validity of section 69A. Evidence Act, 1891 and the Reserve Bank of • The recent banning of certain Chinese Apps India Act, 1934, for keeping the books of was done citing provisions under Section 69A accounts in electronic form. of the IT Act.

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How does the circular violate SC judgement? • The court held that Freedom Speech could be The Bihar government’s latest circular calls for action curbed only when such discussion or advocacy against persons and organisations posting reached the level of incitement on the ground “objectionable and indecent” comments online of causing public disorder. against the State government, Minister, MLAs and • The court then went on to say that Section 66A even MPs and government officials, under IT Act and actually had no proximate connection with Indian Penal Code. public order or with incitement to commit an The circular by Bihar Police's Economic Offences Unit offence. (EOU) states, "It has regularly been coming to light • What may be offensive to one may not be that certain persons and organisations have been offensive to another. What may cause making offensive comments through social media and annoyance or inconvenience to one may not Internet against government, honourable ministers, cause annoyance or inconvenience to another. MPs, MLAs and government officials as well, which is Even the expression ‘persistently’ is completely against prescribed law and comes under cybercrime imprecise. laws. For this act, it seems appropriate to take action • The mere causing of annoyance, against such organisations and individuals". inconvenience, danger, etc., or being grossly • The government said that this advisory was offensive or having a menacing character are issued keeping in mind rumours and factually not offences under the Indian Penal Code at incorrect information and involving the use of all, the court held insulting language on social media - these are • The right of freedom of opinion and the right punishable offences under the IT Act. of freedom of conscience by themselves • While several Supreme Court judgements may include the extremely important right to be cited that have upheld freedom of speech disagree. and expression in its myriad manifestations. • The right to disagree, the right to dissent and • The judgment in Shreya Singhal vs. UOI, the the right to take another point of view, would apex court struck down two provisions namely inherently in each and every citizen of the section 66A (Punishment for sending offensive country messages) of the IT Act and section 118(d) • The Bihar circular on account of it being vague [causing annoyance in an indecent manner] of and overbroad severely threatens the Kerala Police Act as both suffered from fundamental rights of speech and right to vagueness and overbreadth. dissent. • In the judgment, the court said the liberty of • The circular in stating that action be taken thought and expression was a cardinal value against offensive posts aimed towards the of paramount significance under the government and not mentioning what kind of Constitution. comments lie within the boundaries of • Three concepts fundamental in understanding freedom of speech, makes it an inadequate the reach of this right were discussion, direction. advocacy and incitement. • It also makes the circular an unwarranted • Discussion or advocacy of a particular cause, no direction as it does not introduce any new matter how unpopular, was at the heart of the procedure but merely calls for execution upon right to free speech. those provisions in penal law that have been in existence for a long time now

Mould your thought: • Bihar circular on action against critics goes against not just fundamental rights but also views held by the Supreme Court. Critically evaluate. Approach to the answer: • Introduction • Discuss the rationale given by Bihar govt for the circular • Discuss the provisions of Article 19 and Supreme Court observations • Write about how the circular goes against the rights and SC judgement on Shreya Singhal case • Conclusion

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8.3 Privacy by Design

Manifest pedagogy: Today is the age of universal and virtually free access to the internet. Here, data is the new currency. What is even more intriguing is that the full potential of the data is not known. As technology progresses, newer applications emerge enhancing the value of the data. However, India does not have a comprehensive legislation which deals with data protection and privacy. Ensuring privacy of all persons in the digital age has become an important issue.

In news: Privacy by Design provision in the PDP bill

Dimensions: What is Privacy By Design? Advantages of Privacy by Design Sri Krishna Committee Recommendations on it Provisions on Privacy By Design under the PDP Bill

Content: • Privacy by Design does not wait for privacy What is Privacy by Design? risks to materialize, nor does it offer remedies • The privacy by design framework was for resolving privacy infractions once they have published in 2009 and adopted by the occurred. International Assembly of Privacy • It aims to prevent privacy risks from occurring. Commissioners and Data Protection Authorities In short, Privacy by Design comes before-the- in 2010. fact, not after. • Privacy by design calls for privacy to be taken into account throughout the whole engineering Privacy by design is based on seven "foundational process. The concept is an example of value principles": sensitive design, i.e., taking human values into • Proactive not Reactive; Preventative not account in a well-defined manner throughout Remedial: Privacy by design is conceptualised the process. to occur before-the-fact, not after. It is • Privacy by Design is an idea that the future of intended to prevent privacy invasions before privacy cannot be assured solely by compliance they occur and not after. with legislation and regulatory frameworks; • Privacy as the Default Setting: Privacy by rather, privacy assurance must become an design is aimed to ensure maximum privacy by organization’s default mode of operation. ensuring that personal data is automatically • The approach suggests that privacy must be protected in any given IT system or business incorporated into networked data systems and practice and no further action is required on technologies, by default. It challenges the the part of the individual to protect their practice of enhancing privacy as an privacy as it is built into the system, by default. afterthought. • Privacy Embedded into Design: This principle • The Privacy by Design framework employs an involves building protection mechanisms for approach that is characterized by proactive privacy protection while designing the rather than reactive measures. It anticipates hardware or software itself. and prevents privacy invasive events before • Full Functionality — Positive-Sum, not Zero- they happen. Sum: Privacy by design intends to incorporate • Privacy concerns must be embedded into a all legitimate situations or objectives and avoid design in its initial stage and throughout the questions such as privacy vs. security, by trying life cycle of the product to cater to both interests. • While Privacy by Design is a conceptual • End-to-End Security — Full Lifecycle framework, it’s application can change the way Protection: Privacy by design ensures that all digital platforms are created and the way in data is securely collected, retained, and then which people interact with them. securely destroyed at the end of the life cycle, • From devising a business model, to making in a timely fashion. technological decisions, Privacy by Design • Visibility and Transparency— Keep it Open: principles can make privacy integral to the Privacy by design intends to make its processes and standards of a digital platform. operations and processes involved visible and transparent, to users and providers alike.

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• Respect for User Privacy — Keep it User- legislation governing data protection and Centric Above All: Privacy by design requires privacy laws. data processors and fiduciaries to incorporate • The PDP Bill was introduced in the Lok Sabha protection measures for ensuring user privacy on December 11, 2019 by the Minister of and accessibility, such as strong privacy Electronics and Information Technology. defaults, appropriate notice, and empowering • The Bill aims to provide for protection of user-friendly options. personal data of individuals, and establishes a Data Protection Authority for the same Advantages of Privacy by Design: • The PDP Bill, 2019 contains several clauses that Creating systems, products, processes and projects have implications on the visual design of digital with privacy at the outset can lead to numerous products. benefits, such as: • These include the specific requirements for • Privacy by design is an essential tool to reduce communication of notice and consent at privacy risk and build trust. various stages of the product. • Identifying potential problems at early stage • The Bill also introduces the Privacy by Design and address these problems easily promptly policy. • Increasing the awareness of data protection • The PDP Bill provides for privacy by design and privacy across organization policy under Chapter IV. Section 22(1) of the • Meeting legal obligations instead of breaching PDP Bill provides that every data fiduciary data protection act. must prepare a privacy by design policy. • Avoiding privacy intrusive actions that may • This policy must contain the following have negative impacts on people. components: ○ The managerial, organisational, business Sri Krishna Committee Recommendations on Privacy by practices and technical systems designed Design: to anticipate, identify and avoid harm to • The Justice Sri Krishna Committee Report on the data principal; Data Protection commented upon ○ The obligations of data fiduciaries; incorporating organisational measures, broadly ○ The technology used in the processing of designed as ‘privacy by design’. personal data in accordance with • It aimed to establish data handling practices commercially accepted or certified in an organisation in a manner ensuring standards; compliance with law by minimising or ○ The legitimate interests of businesses eliminating adverse impacts on privacy. including any innovation is achieved • Further, the Committee suggested establishing without compromising privacy interests; an accountability framework for certain data ○ Measures for protection of privacy fiduciaries, which may be making evaluative throughout processing from the point of decisions through automated means, to set up collection to deletion of personal data; processes to eliminate unlawful processing of ○ Ensuring processing of personal data in a data. transparent manner; and • The report urged the Data Protection ○ Ensuring the interest of the ‘data Authority (DPA) to consider Privacy by Design principal’ (i.e. individual whose data is and other best practices to lay down precise being used) is accounted for at every obligations for data fiduciaries so as to ensure stage of processing of personal data. strict compliance with the law. • Section 22(2) of the PDP Bill provides that the • It recommended that the DPA conduct data fiduciary must submit the privacy by capacity building exercises to create skilled design policy to the relevant authority for professionals in order to implement a ‘design- certification in the period and manner to be thinking‘ approach. prescribed, subsequent to which the said policy must be published on the website of the data Provisions on Privacy By Design under the PDP Bill: fiduciary and the relevant authority. • The Personal Data Protection Bill, 2019 (“PDP • The PDP Bill states that data fiduciaries are Bill”) introduces the concept of privacy by required to prepare Privacy by Design policy design policy for the first time in the Indian and have it certified by the Data Protection Authority.

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• According to the Bill, the policy would contain • Once certified by the Data Protection the managerial, organisational, business Authority, the data fiduciaries are also required practices and technical systems designed to to publish this policy on their website anticipate, identify and avoid harm to the data • This forces the data fiduciaries to envision principal. privacy as a fundamental requirement and not • Privacy by Design Policy would mention if the an afterthought. technology used in the processing of personal • Such a policy would have a huge impact in the data is in accordance with the certified way digital platforms are conceptualised, both standards. from the technological and the design point of • It would also comprise of the ways in which view. privacy is being protected throughout the • The privacy by design policy provided in the stages of processing of personal data, and that PDP Bill in its present state, resembles the the interest of the individual is accounted for in seven principles enunciated by the Privacy each of these stages. Commissioner of Ontario, Canada. Mould your thought: • What is privacy by design? How is it being implemented in India? Approach to the answer: • Introduction • Define Privacy by Design and mention its advantages • Mention the Sri Krishna Committee Recommendations • Write the provisions related to them in PDP Bill • Conclusion

8.4 Delegated Legislation

Manifest pedagogy: The issue of delegated legislation has been one of the most debated issues in the domain of legal theory because of its various implications. Scholars have consistently presented differing and even contradicting views about delegation of power to legislate and have thus taken different stands on the issue.

In news: SC judgements on Prevention of Cruelty to Animals Rules 2017

Dimensions: What is Delegated Legislation? Constitutional Provisions on Delegated Legislation Advantages of Delegated laws Challenges associated with them Mechanisms to address the challenges

Content: • Therefore, Delegated legislation can only exist What is Delegated Legislation? in relation to an enabling act • ‘Delegated legislation’ means exercising of • By delegating the legislation by Parliament to legislative power by an agent who is lower in the Executive or any subordinate, it empowers rank to the Legislature, or who is subordinate different people or executive bodies to to the Legislature. integrate more details to an Act of Parliament. • This type of legislation is also known as • There are three forms of delegated legislation secondary legislation or subordinate i.e., statutory instrument, orders in council legislation or subsidiary legislation or and by-laws. Legislative Instruments (since 2005). • Delegated legislation contains the many • It refers to those laws made by persons or administrative details necessary to ensure that bodies to whom parliament has delegated or the provisions of the act will operate given law-making authority. successfully. • When acts are made by parliament, each • It may be administered by Government principal act makes provision for subsidiary Departments, Local Councils or Courts legislation to be made, and will specify who has • Regulations and Statutory Rules are the most the power to do so under that act. common forms of delegated legislation.

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• They are made by the executive or a minister • Doesn’t create another legislative body having and apply to the general population. the same duties and functions to discharge (no • By-laws, and sometimes Ordinances, are made abdication of legislative powers) by a local government authority or In the case of Agriculture Marketing Committee Vs. autonomous bodies and apply to the people Shalimar Chemical Works Ltd, the Supreme Court who live in that area. laid down necessary reasons for the legislature to delegate its duties to the government. They made Constitutional Provisions on Delegated Legislation: three important arguments- • Although the concept of delegated legislation • The future is uncertain. Every intricacy and was not mentioned specifically in the Indian circumstance cannot be easy to set out, hence Constitution it can be understood by areas of delegation are very technically interpreting Article 312 complex. • This Article gives the right to the Rajya Sabha • The Executive can help fill the gaps in policies to open a new branch of All India Service with a by experimenting and understanding the majority of two-thirds majority vote. purpose of the legislation before bringing any • This means that some powers of legislation will change be delegated to the new recruiter of All India • Gives an edge to the Executive since it paves Service. way for them to also give valuable inputs to the • There are many cases through which delegated rules and regulations in addition to the legislation under the constitution of India can legislature. be understood. • In the case of D. S. Gerewal v. State of Punjab, Advantages of Delegated laws: the Supreme Court held that Article 312 of the There are many advantages of delegated legislation as Constitution of 2 India deals with the powers of it is essential for a democratic country to flourish or delegated legislation. make laws according to its public. These advantages • Justice K.N. Wanchoo observed “There is are as follows: nothing in the words of Article 312 which takes Reduces the workload of Parliament: away the usual power of delegation, which • The Parliament has to pass several legislation ordinarily resides in the legislature. within a short span of its life. • The phrase “Parliament may by law provide” in • It has to take such type of intensive work that Article 312 should not be interpreted to mean it can hardly enact the law provisions in detail. that there is no scope for delegation in law • So there arises the need to overcome that load made under Article312 and it can be possible only through delegating • The England law enables the British Parliament legislative authority to the subsidiary or the to delegate any amount of powers without any executives. limitation. • Indian Constitution does not give unlimited or Brings in Technical Expertise: uncontrolled powers for delegated legislation • Today’s world has become very technical and in India. complicated by the introduction of modern • India allows for delegated legislation but in a means and advancement in technology. defined and controlled manner with certain • It is difficult for the members of Parliament to restrictions. have all knowledge needed for making laws in various fields like on controlling technology, In Re Delhi Laws Act case, the Supreme Court of ensuring environmental safety, dealing with India lays down three important tests that must be various industrial problems which need basic fulfilled for a legislative authority to delegate knowledge. duties. They are as follows: • Therefore, it is thought that it is better for the • Subject matter of delegation must be within parliament to debate on the broad topic or the the scope of the legislative authority main topic and leaves the rest detail for the • The power of delegation mustn’t negate other fulfilment by the expert of that particular field. instruments created by the legislature (power • Thus, delegates authorities with extra skills, isn’t ultra vires) experience, and knowledge are more suitable for making law.

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Decentralized decision making: • These are made in the ante-chamber of the • The local councils are more suited to make bureaucrat and the benefits of parliamentary laws for their constituencies as they better deliberations are lost. know the condition of their constituencies than • Delegated legislation results in overlapping of any other. functioning as the delegated authorities get • These local bodies can make better laws for work to amend the legislation that is the their area that a Parliament cannot do so function of the legislators. because they know their locals need and what • Unelected people cannot make much they want. delegated legislation as it would be against the • The Parliament makes the laws for broad spirit of democracy. principle while its delegate handles the local No prior publicity: principle. • Drafts of Parliamentary Bills are often published for public comment and criticism. Rapid Action during Emergencies: • However prior publicity is not always possible • Quick action is needed in times of emergencies in case of rules and regulations and the like war, internal disturbances, floods, benefits of public discussion and criticism is epidemics, strikes, lock-outs, bandhs, etc. lost. • The lengthy legislation process of Parliament is Not enough publicity: just not suited for such situations. • Everyone is supposed to know the law because • If the executive is armed with special powers, statutes are, generally speaking, easily the situation can be kept under control very accessible. quickly. • This is not so in the case of delegated Enables flexibility: legislation, where the mass of rules, • When the legislature passes a statute, it is regulations, bye-laws, orders, etc. often lie almost impossible to foresee all the buried in the files of bureaucrats. contingencies which may arise in the future in • Antecedent publicity, that is, publicity before the practical application of such a law. enactment is often missing in delegated • Of course, it is possible to amend the statute as legislation. and when the need arises. However, this is a Lesser research: slow and cumbersome process. • Since statutes are normally given greater • In such a situation, delegated legislation allows publicity than rules and regulations, the former the executive to overcome practical difficulties can reach out to a greater number of citizens. by exercising the power conferred on it by the Possibility of overreach and or overlapping: parent act. • As delegated legislation can often be • So these minor details can be changed confusing, complex and difficult to understand. immediately without making any amendment • Moreover, it can be different (and at times, in the Parliament. contradictory) in different states, thus leading • Therefore, it is flexible and the legislation to confusion and lack of uniformity. made by this can be best for the needs of the Possibility of poor drafting: modern public. • Delegated legislation may not be well Scope for Experimentation: considered or drafted by legislative experts and • There is a lot of scope for experimentation in may thus suffer from infirmities due to poor the administrative process. drafting. • The administrative authorities can frame a new Scope for Political Misuse rule, try it out for some time, and if found • It can possibly be misused for political gain. unsuitable or unsatisfactory or unworkable, • The executive makes law according to what the may modify or even repeal it without much political parties’ wish. formality. • Hence, it results in the misuse of the legislation made by the Executive by the ruling party. Challenges associated with Delegated Legislation: Mechanisms to address the challenges: No parliamentary deliberation: • With the rise in delegated legislation, the need • Parliament does not get a chance to debate to control it also arises because the increase in rules, regulations, etc. made by the executive. the delegation of power also increases the chance of the abuse of power.

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• Judicial control apart from legislative and mandatory for the executive to follow certain procedural control is the way how the rules or procedure. delegation of power can be controlled. • Pre-publication and consultation with an Parliamentary Control expert authority, Publication of delegated • Measures should be taken to strengthen the legislation, must be made compulsory before control of Parliament over delegated delegated law is enacted. legislation. Judicial Control • It is necessary that the role of the committees • The delegated legislation can be questioned in of the Parliament must be strengthened. courts on the grounds of substantive ultra vires • A separate law like the Statutory Instruments and on the ground of the constitutionality of Act, providing for uniform rules of laying and the parent act and the delegated legislation. publication, must be passed. • The delegated legislation can also be • The committee may be supplemented by a challenged on the ground of its being specialised official body to make the vigilance unreasonable and arbitrary. of delegated legislation more effective. • Law defined under Article 13 of Constitution of Procedural and Executive Control India clearly indicates that the State should not • There is no particular procedure for Delegated make any law which abridges the right given in Legislation until the legislature makes it Part iii of the Constitution. Mould your thought: • What is Delegated Legislation? Discuss its advantages and criticisms. What can be done to improve the delegated laws in India? Approach to the answer: • Introduction • Define Delegated Legislation and mention its status in India • Mention the advantages and challenges of Delegated Laws in India • Write about the ways to improve the situation • Conclusion 8.5 Transparency of Lokpal Selection Committee

Manifest pedagogy: The Central Information Commission has refused to disclose the minutes of the meetings of the Selection Committee for the Lokpal. However, the RTI Act and general ethics of administration demands transparency about any selection or recruitment for public office. The issue of selection of Lokpal and the CIC ruling becomes for UPSC aspirants.

In news: Centre need not disclose Lokpal selection committee minutes, rules CIC

Dimensions: What was the application filed under RTI? Basics of Lokpal Ruling of the CIC Reasons for the ruling Criticisms Way forward

Content: • DoPT said that, “the authorship of such What was the application filed under RTI? documents which include 3-5 high level • In November 2018, RTI activist Anjali Bhardwaj dignitaries does not vest in the Department of filed an RTI request seeking information about Personnel and Training and same have been the five-member Lokpal selection committee shared as secret document.” • It requested for records on the dates of • Instead of the minutes, a brief summary of the committee meetings, names of attendees, and committee’s decisions at each meeting was a copy of the minutes. provided. • The Department of Personnel and Training, • In March 2019, Ms. Bhardwaj appealed the which works as a nodal Ministry for both rejection at the CIC, noting that the Centre had Lokpal and CIC, refused to provide a copy of not invoked any of the exemptions permitted the minutes under the RTI Act.

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• The appeal argued that just classifying some • Current and former MPs, information or marking some document as • Group A, B, C, D - civil servants of the Union confidential does not make it so. government, • The appeal also pointed out that there is no • Employees of a company, society or a trust provision in the RTI Act for denying information set up by an Act of Parliament, or financed or merely because: controlled by the central government. ○ The authorship does not vest in the • Employees of association of persons that public authority or i. Have received funding from the ○ Because some documents are shared as government and have an annual income secret. above a specified amount; or • It was highlighted in the appeal to the CIC that ii. Have received public donation and have an transparency in appointment to oversight annual income above a specified amount or bodies is a crucial safeguard against received foreign funding above Rs 10 lakh a arbitrariness in appointments and to ensure year. their independent functioning. Functions Contentious sections • The Lokpal is vested with the power of search • Section 4(4) of the Lok pal Act which states and seizure and also powers under the Civil that the Selection Committee shall regulate its Procedure Code for the purpose of own procedure in a transparent manner for conducting preliminary inquiry and selecting the Chairperson and Members of the investigation. Lok pal. • It also has the power of attachment of assets • Section 8 or Section 9 of the RTI Act: Under and taking other steps for eradication of which access to information can be rejected corruption. only on the grounds mentioned in these • Lokpal has the power of superintendence and Sections. direction over any central investigation Basics of Lokpal agency including CBI for cases referred to • The Lokpal is the first institution of its kind in them by the Lokpal. independent India, established under the Lokpal and Lokayuktas Act 2013. Composition and Appointment of Members • It is a statutory body without any • The members of the Lokpal are appointed by constitutional status. the President on the basis of the • It performs the function of an "ombudsman” recommendations of the Selection and inquiries into allegations of corruption Committee. against certain public functionaries and for • The Lokpal shall consist of one chairperson related matters. and up to eight members. • In India, the concept of constitutional • The Chairperson shall be the CJI or a present ombudsman was first proposed by the then or former judge of the Supreme Court or a law minister Ashok Kumar Sen in parliament non-judicial member with specified in the early 1960s. qualifications (Chief Justice or a Judge of a • The term Lokpal and Lokayukta were coined High Court). 50% percent of the other by Dr L. M. Singhvi. members shall be judicial members (judges of • The Lokpal and Lokayuktas Act 2013 came the Supreme Court and Chief Justices of the into force on 16 January 2014. High Court in case of Lokpal and judge of a Jurisdiction High Court in case of Lokayuktas). • The Lokpal has jurisdiction to inquire into • A non-judicial member is required to have 25 allegations of corruption against anyone who years’ experience in anti-corruption policy, is or has been: public administration, vigilance and finance. • A Lokpal can enquire into allegations of • At least 50 per cent of the members of both offences under the Prevention of Corruption bodies shall be from among SC, ST, OBC, Act, 1988 (PCA) committed by: minorities and women. • The Prime Minister of India with specified • Members of the Lokpal may be removed by safeguards, the President after an inquiry by the Supreme • Current and former Union Ministers, Court.

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• The Supreme Court may inquire based on a • The documents authored by the third parties reference from the President. were held in a fiduciary capacity by DoPT • Such reference may be made by the President on his own, or on a citizen’s Criticisms of the ruling petition if the President is satisfied by it, or • The CIC wrongly quoted the two Supreme on a petition signed by 100 MPs. Court judgements and gave an order exactly opposite to SC orders. A simple reading of Selection Committee Section 8(1)(b) would have been sufficient to • The Selection Committee for the Lokpal shall know that disclosure of minutes was not comprise of: prohibited by SC. • The Prime Minister, • Non-disclosure of minutes of the selection • Speaker of the Lower House (Lok Sabha) committee leads to secrecy in the • Leaders of the Opposition of the Lower appointment process much against the letter House, and spirit of Right to Information Act and good • The Chief Justice of India or a judge of the governance rules. Supreme Court nominated by him, and • The secrecy and opaqueness in appointments • An eminent jurist nominated by the President of anti-corruption ombudsman may breed (Governor). corruption. • The Act makes it mandatory for the Selection • The order of CIC does not give enough support Committee to constitute a search committee to its conclusion that information sought of at least seven members. 'confidential' 'secret' and 'fiduciary' in nature. • The Selection Committee may consider a • The CIC did not explain who and why the candidate other than one recommended by minutes was categorised as 'secret' and on the Search Committee. what grounds Ruling of CIC: • When cabinet decisions are disc losable along • The CIC upheld the withholding of information with entire material after a decision was taken, and refused access to minutes of the meeting why can’t selection committee meetings be of the Selection Committee. disclosed? • The CIC relied on the orders of the Supreme Court of March 7, 2019 in a contempt petition Way Forward filed with respect to the constitution of the • Transparency in appointment to oversight Lokpal to arrive at this conclusion. bodies is a crucial safeguard against arbitrariness in appointments and to ensure Reasons for the ruling: their independent functioning. The CIC order reasoned that: • The Department of Personnel and Training • Provisions under Section 6(3) of the RTI Act rules and Office Memorandum also guide the does not provide for transferring the RTI CPIOs to place the entire record of application to the members of the Selection recruitments and promotions and transfers in Committee. the public domain on their own. • Documents received by the DoPT under sealed • Therefore, Minutes of Meeting of the Selection cover were confidential as they had been committee shall be made voluntarily public. presented before the Supreme Court too in a sealed cover. Mould your thought: • The order of CIC withholding details of Lokpal selection encourages arbitrariness in appointments. Critically Evaluate. Approach to the answer: • Introduction • Discuss the CIC order and its reasoning • Write about the criticism of the order • Write the Way forward • Introduction

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8.6 State Legislative Committees

Manifest pedagogy: The Delhi Legislative Assembly's Committee On Peace and Harmony issued summons to Facebook India Vice President, to appear before it to look into the role of fake news behind the Delhi riots of February 2020. It has raised questions about the competence and powers of the State Legislative Committees to summon Facebook for enquiry. In this context, knowing about these committees becomes paramount for every UPSC candidate.

In news: Issue of Delhi Assembly and Legislative Committee’s Competence to Summon Facebook for Enquiry into Delhi Riots

Dimensions: What are State legislative committees? Their importance Shortcomings Suggestions

Content: • Similar to Parliament, state legislatures also What are State legislative committees? have a provision to form a select committee to • State Legislative Committees are committees examine a particular legislation or a subject. that assist the Legislature of a State in • Such a committee is disbanded after it presents discharge of its duties and responsibilities. a report with its findings or recommendations. • The functions of the State Legislature are Several Bills in states are referred to select varied, complex and voluminous. committees. • Moreover, it has neither the adequate time nor • However, the practice in some state necessary expertise to make a detailed scrutiny legislatures with respect to select committees of all legislative measures and other matters. deviates from those in the Parliament. • Therefore, it is assisted by a number of committees in the discharge of its duties. Their Importance: Detailed and Informed Debate: Types of committees • In India, state legislatures sit for 31 days a year There are broadly three types of committees: on an average. Several Bills are passed within • Financial committees: These scrutinise the a few days of their introduction. expenditure of the government and • One of the primary responsibilities of the recommend efficient ways of spending funds legislature is to hold the executive (example: Public Accounts Committee and accountable, and examine potential laws. Estimates Committee), • Due to paucity of time, it is difficult for the • Department-Related Standing Committees members to go through all the bills and discuss (DRSC): These scrutinise performance of them in detail. departments under a ministry, • To address this issue, various committees are • Other committees: These deals with day-to- set up in Parliament and state assemblies day functioning of the legislature (example: where smaller groups of members examine Business Advisory Committee, Papers Laid, Bills in detail, and allow for an informed debate Rules, etc.) in the legislature.

Comparison with Parliamentary Committees: Develops Expertise of Lawmakers • While there are 3 financial committees and 24 • Apart from scrutinising legislation, committees department related committees in Parliament, also examine budgetary allocations for various the number of committees in state legislatures departments and other policies of the varies. government. • For example, Kerala has 14 subject committees • These mini-legislatures provide a forum for examining all departments, while Delhi has lawmakers to develop expertise. seven standing committees scrutinising performance of various departments. Building Consensus on Contentious matters • However, not all states have a provision for • It also gives a platform to engage with citizens specific DRSCs or subject committees. and seek inputs from stakeholders.

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• Since these committees consist of members • In Goa, a bill empowering the government to from different parties, they provide a platform acquire land for development of public services for building consensus on various issues. is headed by the Revenue Minister of the state. • Similarly, in Arunachal Pradesh, the select Their Shortcomings: committee examining a bill for establishment Conflict of Interest: of a university was headed by the Education • The rules in several states provide for the Minister. minister in-charge piloting the bill to be an ex- • In Maharashtra as well, the Education Minister officio member of the select committee. was chairman of the select committee • These states include Rajasthan, Assam, Andhra scrutinising a bill granting greater autonomy to Pradesh, Chhattisgarh, Telangana. state universities. • Moreover, in Manipur, the rules provide for • This interference of the executive in the the minister to be chairman of the select legislative business hinders impartial scrutiny committee. of legislation. • The minister is part of the executive. Other Issues: • His inclusion in the committee may be in • Several states do not have DRSCs to examine conflict with the committee’s role of budgetary proposals. scrutinising the functioning of the executive. • In the absence of DRSCs in all states, most bills Interference of Political Executive are passed without detailed scrutiny while • The practice of including ministers in some bills are occasionally referred to select committees is in contrast with the protocol committees. followed in Parliament where a minister is not Suggestions: part of any DRSC or select committee. • Ensuring Independence of select committee • As committees of the legislature hold the from the executive: For rigorous scrutiny of executive accountable, having a minister on legislation, it is essential that the committees the select committee undermines the role of are independent of the executive. the legislature as an oversight mechanism. • Examination of Bills by assembly committees: • A minister, as a representative of the executive In Parliament, bills pertaining to a certain being part of such committees may impede the ministry are referred to the respective DRSCs ability of committees to effectively hold the for scrutiny. To strengthen legislatures, DRSCs executive accountable. must examine all bills introduced in the Reduced scope of Scrutiny assembly. • There have been several instances in other • Giving powers to scrutiny of budgets: With state legislatures where the minister states increasingly spending more, it is introducing a bill was chairman of the select necessary for them to have DRSCs that committee examining it. scrutinise the allocations and expenditures to various departments before they are approved by state assemblies. Mould your thought: • Write a short note on the functioning of the State Legislative Committees.

Approach to the answer: • Introduction • What are State Legislative Committees? • Discuss their need • Mention their shortcomings • Suggest measures to improve their functioning 8.7 Money Bills

Manifest pedagogy: The Congress has written to Lok Sabha Speaker Om Birla, urging him not to bypass the Rajya sabha by declaring seven key Bills, including the one on privatising two public sector banks, as “money bills”.

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The letter reopens the debate on legislative powers of an “indirectly elected” House versus a “directly elected” one.

In news: Issue of Delhi Assembly and Legislative Committee’s Competence to Summon Facebook for Enquiry into Delhi Riots

Dimensions: What is a Money Bill? Procedure to certify and pass Money Bills List of Bills that may be certified as Money Bills How is Rajya Sabha at a disadvantage? Evaluation of recent attempts to use Money bill route Way Forward

Content: • The Constitution lays down a special What is a Money Bill? procedure for the passing of money bills in the Under Article 110 (1) of the Constitution, a Bill is Parliament. deemed to be a Money Bill if it contains only • A money bill can only be introduced in the Lok provisions on all or any of the following: Sabha. (a) imposition, abolition, remission, alteration or • They can be introduced only on the regulation of any tax; recommendation of the President. (b) regulation of borrowing by the government; • Every Money Bill is considered to be a government bill and can be introduced only by (c) custody of the Consolidated Fund or a minister. Contingency Fund of India, and payments into or withdrawals from these Funds; Money Bill in the Rajya Sabha (d) appropriation of moneys out of the • After a money bill is passed by the Lok Sabha, it Consolidated Fund of India; is transmitted to the Rajya Sabha for its (e) declaring of any expenditure to be consideration. expenditure charged on the Consolidated • Rajya Sabha must return the bill to the Lok Sabha within 14 days, whether with or without Fund of India or the increasing of the amount recommendations. of any such expenditure; • The Lok Sabha can either accept or reject all (f) receipt of money on account of the or any of the recommendations of the Rajya Consolidated Fund of India or the public Sabha. account of India or the custody or issue of • If the Lok Sabha accepts any recommendation, such money or the audit of the accounts of the bill is then deemed to have been passed by the Union or of a State; or both the Houses in the modified form. • If the Lok Sabha does not accept any (g) Any matter incidental to any of the matters recommendation, the bill is then deemed to specified in (a) to (f). have passed by both the Houses in the form originally passed by the Lok Sabha without any However, a bill is not to be deemed to be a money bill change. by reason only that it provides for: • If the Rajya Sabha does not return the bill to • The imposition of fines or other pecuniary the Lok Sabha within 14 days, the bill is penalties, or deemed to have been passed by both the • The demand or payment of fees for licenses or Houses in the form originally passed by the Lok fees for services rendered; or Sabha. • The imposition, abolition, remission, alteration Assent of the President or regulation of any tax by any local authority • When a money bill is presented to the or body for local purposes. president, he may either give his assent to the bill or withhold his assent to the bill but cannot Procedure to certify and pass Money Bills return the bill for reconsideration of the • A Money Bill is certified by the Speaker as Houses. such — only those Financial Bills that carry the • Normally, the president gives his assent to a Speaker’s certification are Money Bills. money bill as it is introduced in the Parliament with his prior permission.

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Resolution of disputes related to Money Bill • Rajya Sabha can discuss, pass, reject or amend • If any question arises whether a bill is a money ordinary bills. Every bill has to pass through the bill or not, the decision of the Speaker of the same stages in each House. Lok Sabha is final. • However, the procedure of passage of Money • His decision in this regard cannot be Bills gives greater powers to Lok Sabha than questioned in any court of law or in either the Rajya Sabha. House of Parliament or even the president. • Under Article 109 (1), such a Bill can be introduced only in Lok Sabha. Once passed by List of Bills that may be certified as Money Bills Lok Sabha, it goes to Rajya Sabha. 1. Higher Education Commission of India (HECI), • Rajya Sabha can neither reject nor amend a bill : Money Bill and it must return such bill within • Aims to create a single regulator for higher 14 days to the Lok Sabha. After returning the education, replacing the University Grants bill Lok Sabha may accept or reject all or any of Commission (UGC) and the All India Council for its recommendations. Technical Education (AICTE) • In either case, the Bill is deemed to have been • It will bring almost all areas of higher education passed by both Houses. including technical, architectural and legal • Under Article 109 (5), if Rajya Sabha fails to courses under the ambit of a single umbrella return the Bill to Lok Sabha within 14 days, it is body. deemed to have been passed anyway. • Commission will specify the learning outcomes • In the case of a Money Bill, the bill does not go of courses, the eligibility criteria for Vice to a joint sitting, and Lok Sabha can override Chancellors, and order the closure of higher the wish of Rajya Sabha. educational institutions that fail to adhere to • It is thus clear that RajyaSabha has no power the minimum standards. with respect to the passing of a Money Bill 2. The National Bank for Financing Infrastructure except delaying its passing for a period of 14 and Development (NaBFID) Bill 2021 days. • Aims to set up of a Development Finance Institution to fund infrastructure projects Evaluation of recent attempts to use Money bill route 3. Unified securities markets code: • A money bill is increasingly used by the • It will merge all market regulatory laws government that does not have a majority in • Finance Minister Nirmala Sitharaman in her the Rajya Sabha. Budget speech for 2021-22 proposed to • The important bills passed using this method consolidate the provisions of Sebi Act, include: Aadhaar (Targeted Delivery of Depositories Act, Securities Contracts Financial and Other Subsidies, Benefits and (Regulation) Act and Government Securities Act Services) Act, Insolvency and Bankruptcy Act into a rationalised single securities markets etc code. • Even Now when the Ruling party has majority 4. Amendment to the Fiscal Responsibility and in the Rajya Sabha, Money bill route is Budget Management Act (FRBM) proposed to expedite the passing of these bills. 5. Amendments to Deposit Insurance and Credit Guarantee Corporation Act The opposition has criticised these moves for the • Provides insurance cover for bank account following reasons: holders • The role of the Rajya Sabha is undermined. 6. The Amendments to the Life Insurance Act, • Using such means to bypass the Rajya Sabha 1956: amounts to abuse of the constitutional • It was tabled along with the Finance Bill. process. • Proposes to increase the authorised share capital of the corporation to ₹25,000 crore Way Forward: divided into 2,500 crore shares of ₹10 each. • The Lok Sabha Speaker must act responsibly in • Will bring Initial Public Offering (IPO) of LIC. a non-partisan manner. How is Rajya Sabha at a disadvantage? • The Joint sitting of the Parliaments can be used • For most bills introduced in the parliament as an effective tool to resolve any differences Rajya Sabha enjoys similar powers as the Lok between the two houses in most cases. Sabha.

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Mould your thought: • What is a money bill? What are the problems of using money bills to pass ordinary legislation?

Approach to the answer: • Introduction • Define Money bill • Discuss the unequal position of RS wrt Money Bills • List out the problems of using Money bills indiscriminately • Way Forward 8.8 Amendments to JJ act

Manifest pedagogy: The Union Cabinet ushered in some major amendments to the Juvenile Justice (Care and Protection of Children) Act 2015 in a bid to bring in clarity and also entrust more responsibilities to bureaucrats when it comes to implementing provisions of the law. Careful scrutiny of the proposed changes is essential to understand their benefits.

In news: Union Cabinet approves amendments to the Juvenile Justice (Care and Protection of Children) Act, 2015

Dimensions: Details of New Amendments Importance of these Amendments Provisions Juvenile Justice Act 2015 Children in conflict with law Children in need of protection

Content: • Before someone sets up a shelter home for Details of the New Amendments: children and sends their proposal for Inclusion of Serious Crimes as a new category: registration under the JJ Act to the State, a DM • For the first time the category of "serious will have to assess their capacity and conduct a crimes" differentiating it from heinous crimes background check. • Both heinous and serious crimes have also • The DM will also carry out background checks been clarified for the first time, removing any of Child Welfare Committee members, who are ambiguity usually social welfare activists, including • Crime like the possession and sale of an illegal educational qualifications, as there is no such substance, such as drugs or alcohol, will now provision currently to check if a person has a fall under the ambit of a “serious crime’’. case of girl child abuse against him. • What this means is that for a juvenile to be • DM will also now be in charge of sanctioning tried for a heinous crime as an adult, the adoptions, removing the lengthy court process. punishment of the crime should not only have Expanding the scope of the Juvenile Justice Act: a maximum sentence of seven years or more, • Child victims of trafficking and drug abuse and but also a minimum sentence of seven years. those abandoned by their guardians will be included in the definition of “child in need of Expanding the powers of district and additional care” and protection district magistrates • District magistrates (DMs) along with Importance of these Amendments: additional district magistrates (ADMs) will Enhanced monitoring of CCIs (Children’s homes) monitor the functioning of various agencies • CCIs can be government-run, government- under the JJ Act in every district. aided, privately run or run through • The agencies include the Child Welfare government, private or foreign funding. Committees, the Juvenile Justice Boards, the • These institutions, while falling under the CWC District Child Protection Units and the Special and the state child protection units had very juvenile Protection Units. little oversight and monitoring. • DM’s are also responsible now for ensuring • A report filed by the NCPCR in 2018-19 found that Child Care Institutions (CCI) falling in their that 1.5% of the children’s homes does not district are following all norms and procedures. conform to rules and regulations of the JJ Act.

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Also, Out of the 7000 children’s homes (CCI), Children as ratified by India on December 11, 29 per cent of them had major shortcomings in 1992. their management. • It specifies procedural safeguards in cases of • The NCPCR report also found that not a single children in conflict with law. Child Care Institution in the country was found • It seeks to address challenges in the existing to be 100 per cent compliant to the provisions Act such as delays in adoption processes, high of the JJ Act. pendency of cases, accountability of • Even to receive a license, after an application institutions, etc. was made, if the children’s home were to not • The Act further seeks to address children in the receive a reply from the government within 3 16-18 age group, in conflict with law, as an months’ time, it would be "deemed registered’’ increased incidence of crimes committed by for a period of six months, even without them have been reported over the past few government permission. years. • The new amendment ensures that this can no longer happen and that no new children’s Key Provisions home can be opened without the sanction of • Updated Legislation: The Juvenile Justice (Care the DM. and Protection of Children) Act, 2015 repeals the Juvenile Justice (Care and Protection of Swift adoption and rehabilitation of children Children) Act, 2000. • Giving the DM powers of sanctioning adoptions • Removes negative connotation in will remove the lengthy court process. nomenclature: The Act changes the • This hastens the process of adoption and nomenclature from Juvenile to child or ‘child in ensure the swift rehabilitation of children into conflict with law’. Also, it removes the negative homes and foster homes connotation associated with the word Oversight over CWC members “juvenile”. • There is no such provision currently to check if • Special Provisions for Age 16-18 years: One of a person has a case of girl child abuse against the main provisions of the new Act was that him or her. juveniles charged with heinous crimes and who • With the DM checking the background of every are between the ages of 16-18 years would be CWC member the committees would be made tried as adults and processed through the adult safer for children. justice system. This provision received an Keeping Children out of adult justice system impetus after the 2012 Delhi gangrape in which • The clarification to the definition of heinous one of the accused was just short of 18 years, crimes means that for a juvenile to be tried for and was therefore tried as a juvenile. a heinous crime as an adult, the punishment of • Powers of Juvenile Justice Board: The nature the crime should not only have a maximum of the crime, and whether the juvenile should sentence of seven years or more, but also a be tried as a minor or a child, was to be minimum sentence of seven years. determined by a Juvenile Justice Board (set up • Heinous crimes with a minimum imprisonment in every district). Also Child Welfare of seven years pertain mostly to sexual Committees must be set up in every district. offences and violent sexual crimes. Both must have at least one woman member • This provision has been made to ensure that each. children, as much as possible, are protected • Streamlined Adoption Related Clauses: and kept out of the adult justice system. Another major provision was that the Act streamlined adoption procedures for orphans, Provisions Juvenile Justice Act 2015 abandoned and surrendered children and the • The Juvenile Justice (Care and Protection of existing Central Adoption Resource Authority Children) Act, 2015 has come into force from (CARA) has been given the status of a statutory January 15, 2016 and repeals the Juvenile body to enable it to perform its function more Justice (Care and Protection of Children) Act, effectively 2000. • Inclusion of New Offences: The Act included • The Act seeks to achieve the objectives of the several new offences committed against United Nations Convention on the Rights of children (like, illegal adoptions, use of child by militant groups, offences against disabled

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children, etc) which are not adequately Provisions related to Children in need of Care and covered under any other law. Protection Provisions related to Children in conflict with law • The second major provision was with regards • Offences have been categorized as petty/ to adoption, bringing a more universally serious/ heinous offences. acceptable adoption law instead of the Hindu • Children in the age group of 16 - 18 years may Adoptions and Maintenance Act (1956) and be tried as adults in cases of heinous offences Guardians of the ward Act (1890) which was after preliminary assessment by the Juvenile for Muslims. Justice Board. • The Act streamlined adoption procedures for • A child in conflict with law will be sent to an orphans, abandoned and surrendered children Observation Home temporarily during and the existing Central Adoption Resource pendency of inquiry. Authority (CARA) has been given the status of a • The child will be segregated according to age, statutory body to enable it to perform its gender, physical and mental status and nature function more effectively. of offence. • The Child Care Institutions in case of children in • A child who is found to have committed an need of care and protection are Open Shelters, offence by the Juvenile Justice Board will be Children Home and Special Adoption Agencies. placed in a Special Home. • All Child Care Institutions have to be • A Place of Safety will be set up for children mandatorily registered within six months from above the age of 18 years or children of the the date of commencement of the Act and age group of 16 - 18 years who are accused or failure to do so is a punishable offence. convicted for committing a heinous offence. • A child in need of care and protection is to be • The Place of Safety will have separate produced before the Child Welfare Committee arrangements and facilities for under-trial within 24 hours. children and convicted children. • The Act provides for mandatory reporting of a • The Juvenile Justice Board will conduct regular child found separated from his/her guardian. inspection of jails meant for adults to check if Non reporting has been treated as a any child is lodged in such jails and take punishable offence. immediate measures for transfer of such a • The Child Welfare Committee is to send the child to the Observation Home. child in need of care and protection to the • The preliminary assessment by the Juvenile appropriate Child Care Institution and direct a Justice Board is to be conducted within three Social Worker, Case Worker or the Child months before transferring the case to the Welfare Officer to conduct the social Children‘s Court. investigation within 15 days. • The Act mandates that in case the child is tried • The Child Welfare Committees shall meet at as an adult by the Children‘s Court, it shall least 20 days in a month and the District ensure that the final order includes an Magistrate shall conduct a quarterly review of individual care plan for the rehabilitation of the the functioning of the Child Welfare child, including follow up by the probation Committee. officer or the District Child Protection Unit or a • A child in need of care and protection will be social worker. placed in a Children‘s Home for care, • Child offenders who come to be treated as treatment, education, training, development adults by the juvenile justice administration, and rehabilitation. cannot be given capital punishment or life • The Act provides for Open Shelters for Children imprisonment without the possibility of in need of community support on a short term release. basis for protecting them from abuse or • The decision whether the child is to be keeping them away from a life on the streets. released or sent to jail after attaining the age • The Child Welfare Committee could recognize of 21 years will be taken by the Children‘s a facility to be a Fit Facility to temporarily take Court. the responsibility of a child. • The Child Care Institutions in respect of • The Specialized Adoption Agency is to take care children in conflict with law are the of the rehabilitation of orphans, abandoned or Observation Home, Special Home, Place of surrendered children. Safety and fit facility.

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Mould your thought: • Evaluated the effectiveness of the proposed amendments to Juvenile Justice Act 2015.

Approach to the answer: • Introduction • Purpose of JJ Act • Discuss the proposed amendments • Mention the Importance of these amendments • Conclusion

8.9 Priya Ramani Case: Freedom of Speech & Defamation

Manifest pedagogy: A Delhi court recently acquitted journalist Priya Ramani in a defamation case filed against her by former minister MJ Akbar. The judgement places defamation laws as a violation of fundamental right guaranteed under Article 19 of the constitution in case of Sexual Harassment cases.

In news: #ME Too: Delhi court acquits Priya Ramani in criminal defamation case filed by MJ Akbar

Dimensions: Highlights of the Judgement Defamation Article 19 and Defamation as Reasonable restrictions Civil and Criminal Defamation Importance of the Judgement

Content: Defamation: • Defamation is an oral or written statement Highlights of the Judgement: that hurts someone’s reputation. Pronouncing the judgement the court observed: • It is the act of communicating false statements • Women cannot be punished for raising their about a person that injure the reputation of voice against sexual abuse. They cannot be that person when observed through the eyes punished on the pretext of criminal complaint of an ordinary man. of defamation. • Any false and unprivileged statement • Women have the right to put their grievances published or spoken deliberately, intentionally, at any platform of their choice and even after knowingly with the intention to damage decades someone's reputation is defamation • Right of reputation cannot be protected at the • A person’s reputation is treated as his property cost of the right to life and dignity for women, and such damage are punishable by law. as guaranteed in the Constitution under Article • Written defamation printed or typed material 21, and the right of equality before law and or an image is called libel and spoken equal protection of law, as guaranteed under defamation is called slander. Article 14. • Reputation is an integral and important part of • The court said that the defence of "truth in the dignity of the individual and Right to public interest" had been accepted. Priya reputation is inherent right guaranteed by Ramani's disclosure was in the interest of anti- Article 21 and it is also called as natural rights. sexual harassment at workplace. • It also rejected Mr. Akbar's argument that he Article 19 and Defamation as Reasonable restrictions: was a man of stellar reputation. Sexual abuse • Rights of freedom of speech and expression takes away dignity and self-confidence. This guaranteed by Article 19(1)(a) of Constitution attack by the victim on the character of the of India is not absolute and has imposed accused is self-defence after mental trauma reasonable restrictions suffered regarding shame over crime against • Article 19(2) has imposed reasonable her. exemption to freedom of speech and expression granted under Article 19(1) (a).

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• These restrictions can be placed on the • Apex court also said that one is bound to grounds of: tolerate criticism, dissent and discordance but ○ The security of state, not expected to tolerate defamatory attack. ○ Friendly relations with foreign states, ○ Public order, decency, morality, Elements of Defamation and its exception ○ Contempt of court, ○ Defamation. A Defamation statement • Must be in a spoken or written or published or Civil and Criminal Defamation: visible manner and The law of defamation is premised on a person’s right • Must be false and injured directly or indirectly to a reputation. In India, Defamation can be viewed as to the reputation of an individual or his family a civil offence as well as criminal offence. members or caste and lowers the moral of the victim and Civil Defamation: • Statement is unprivileged statements. • In civil law, defamation is punishable under the Law of Torts by imposing punishment in Section 499 of IPC gives the exceptions to statements the form of damages to be awarded to the and they cannot be considered as defamation. claimant. Following Statements can’t be considered as • In civil defamation, a victim can move high defamation: court or subordinate courts for seeking • Any truth statement made in public interest; damages in the form of monetary • Any opinion given by the public in respect of compensation from accused. conduct of a public servant in discharge of his • The statements made need to be false and it functions, his character appears; must be made without the consent of the • Conduct of any person touching any public alleged defamed person. question; • Monetary compensation can be claimed from • Publication of any proceedings of courts of the defendant for defamation. justice including any trial of court and • There are certain requirements for a successful judgment. defamation suit. Importance of the Judgement: • A criminal prosecution is often used as a Criminal Defamation: quicker and less expensive method. This makes • Section 499 and 500 of the Indian Penal Code it a handy tool to silence one’s critics and (IPC) provides an opportunity to the victim to detractors. file a criminal case for defamation against the • Teh Court verdict has come as a vindication to accused. women who have not been taken seriously • Section 500 of the Code punishes defamation if earlier when they have alleged sexual it does not fall within the above said harassment. exceptions • A conviction in this case would have had • Punishment for the guilty person for criminal disastrous consequences for the many defamation is simple imprisonment which may courageous women who have come out with extend to two years or fine or both. disturbing revelations about the extent to • Under the criminal law, it is a bailable, non- which a large number of professions and fields cognizable and compoundable offence. in the country have been unsafe. • It gives voice to the victim for redressal. A Constitutional validity of Section 499 & 500 of woman cannot be punished for criminal Indian Penal Code defamation when she raises her voice against • In some countries, defamation laws are not sexual harassment because “the right of criminal laws. Therefore, whether section 499 reputation cannot be protected at the cost of & 500 of IPC is constitutionally valid? the right of life and dignity of *the+ woman”. • Recently, the Supreme Court in Subramanian • It takes note of the unequal equations of Swamy v. Union of India upheld the power between the harasser and victim in constitutional validity of defamation laws and most situations. pronounced that they are not in conflict with the right of speech.

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Mould your thought: • What is defamation? Evaluate the provisions of defamation under Indian laws.

Approach to the answer: • Introduction • Define Defamation • Discuss about Civil and Criminal Defamation provisions in the constitution, IPC, Law of torts • Write the importance of recent Ramani case judgement • Conclusion

8.10 Self- Regulation Code Adopted by the OTT Services

Manifest pedagogy: India’s 17 largest streaming services recently launched a self-regulation toolkit, under the aegis of the Internet and Mobile Association of India (IAMAI), pre-empting government plans to bring out a code for all over-the-top (OTT) services.The toolkit is a step forward from the Universal Self-Regulation Code IAMAI had launched in September 2020, The Universal Regulation Code was rejected by the government.

In news: 17 OTT platforms release self-regulation toolkit

Dimensions: What are OTT services? Provisions of the Self-Regulation Code Government on OTT services should the Government allow Self-Regulation?

Content: • The premium content is usually produced and marketed by the OTT platform themselves, in What are OTT services? association with established production houses • Over the top (OTT) is film and television which historically have made feature films. content that is provided via the Internet as • With a market size of nearly Rs 500 crore at the opposed to the traditional means of a cable or end of March 2019, the online video streaming satellite provider. platforms may become a Rs 4000-crore revenue market by the end of 2025, according • OTT platforms or services are audio and video to reports. At the end of 2019, India had as hosting and streaming services which started many as 17 crore OTT platform users. out as content hosting platforms, but soon branched out into the production and release Provisions of the Self-Regulation Code of short movies, feature films, documentaries • The code applies to any online curated content and web-series themselves. providers who work in India, and is developed • Common examples of OTT include services by them. such as Netflix, Amazon Prime Video, Hulu, and • Its members agree to take up “reasonable HBO Now. efforts in good faith” to implement its • These platforms offer a range of content and principles. use artificial intelligence to suggest users the • The code requires signatories to invest in content they are likely to view based on their parental controls and content descriptors that past viewership on the platform. provide viewers with information on mature • OTT allows individuals to avoid having to pay content. for bundles that are typical of cable and • The code argues that since OTT platforms are satellite, while selectively choosing their on-demand, they constitute private exhibitions providers, at a much lower cost. that don't fall under laws that apply for • Most OTT platforms generally offer some theatrical releases and TV broadcasts. content for free and charge a monthly • It also argues that this content is subject to subscription fee for premium content which is “user-initiated access controls”, presumably generally unavailable elsewhere. passwords and parental controls.

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The stated objectives are: • The code does not mention if the Advisory • To empower consumers to make informed Panel’s decisions are binding, though the name viewing choices for themselves and their suggests otherwise. families; Issues Involved in regulation of OTT: • Nurture creativity and abide by freedom of 1. Unequal treatment of similar service providers speech and expression, • There is no oversight on the OTT platforms at • Preserve the creative economy’s present similar to the print was regulated by independence, the Press Council of India and Television (both • Encourage members to abide by the guiding News and Entertainment) were being principles and “add predictability to the regulated by the Cable Networks Regulation sectoral environment”; Act (2005) • Elevating professional standards regarding self- • Though there is no regulatory mechanism for regulation; and OTTs as of now, all such platforms come under • Provide consumers a grievance redressal the Information technology Act, 2000 as they mechanism. qualify to be called as Intermediaries. • Section 79 of the IT Act, intermediaries must Regulatory environment: exercise due diligence while streaming content. • The code says that the Information Technology The Guidelines for due diligence have also Act, 2000 is the “primary governing statute” for been framed by the government in 2011. online content (this has been an issue of 2. Ensuring Age-appropriate content for consumer considerable debate), and that the constitution well being guarantees freedom of expression. • OTTs also create the problem of providing age- • It adds that no restrictions beyond what is in appropriate content for Children. the constitution under Article 19(2) should be • If children are subjected to violent or malicious considered. content, it can lead to various psychological issues in the future. Detailed age ratings: 3.Influence of foreign content on society • The code details the age ratings that members • OTTs are streaming a lot of cross-cultural are required to implement in more detail than content which is conducive for creating a before. cosmopolitan world. • The standards for age ratings are based on • However, it has aggravated some of the means increasing intensity of violence, sex, nudity, in society like cultural imperialism. drug use, and profanity. • There are five categories: All Ages, 7+, 13+, Government on OTT services 16+, and 18+. • The government has brought video streaming • The code also requires that for some of these over-the-top (OTT) platforms such as Netflix, categories, information be prominently Amazon’s Prime Video, Hotstar, and others displayed on which facets of mature content under the ambit of the Ministry of Information are featured in a show. and Broadcasting. • These platforms were earlier under the Two-tier internal complaints system: purview of the Ministry of Electronics and • Tier 1: Signatories are required to create a Information Technology. Consumer Complaints Department, an Internal • The notification on 9 November, issued under (or Appellate) Committee, and an Advisory the allocation of business rules, essentially Panel. means that the Union I&B Ministry will now • Tier 2: If a signatory creates a CCD, then the have principal administrative jurisdiction over second level will be an Appellate Committee; if online news portals and OTT/streaming not, complaints go directly to an Internal platforms. Committee. The IC is staffed with the • Bringing the OTT platforms under the I&B streaming service’s own employees, and the ministry means that these platforms would Advisory Panel, which deals with escalations, have to apply for approval of the content they will have a minimum of two executives from wish to stream. the OTT platform, and one independent advisor.

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• This in itself is likely to give rise to many • The panel upheld creative expression and full conflicts as most OTT platforms have content ownership of any visual production, leaving that could otherwise be censored in India. viewing decisions to audiences, more • The I&B Ministry had been working with the accurately classifying films by viewer age, and OTT sector for nearly two years on a self- ensuring transparency in the way reviewing regulation code and grievance redressal bodies are constituted. mechanism. • Regulation if becomes over-regulation can curb • There have been three separate versions creativity and in turn freedom of speech and between January 2019 and September 2020. expression • The I&B Ministry has raised objections related • As OTT platforms are relatively less subjected to the absence of a list of prohibited content in to censorship, it helps bring socio-political the self-regulation code. content or matters to a common man, which otherwise are censored in mainstream media. Should the Government allow Self-Regulation? Is Self-Regulation Enough? • Growth of OTT channels has infused creative • The diverse nature of Indian society in terms of talent into film-making, aided by the absence religion, economic status, caste and language of overbearing censors and vested interests underlies the issue of regulation of content. • It has been argued that OTT platforms provide • The effect that OTT has on society forms the people the right to choose whatever they want basis of its regulation by the state. to see, thus regulation by the Government may • Article 19 which gives a fundamental right to be unnecessary. freedom of expression comes with reasonable • The OTT industry has led to the restrictions of decency and public morality, Democratisation of Media and is benefiting public order, defamation, incitement to numerous content producers and artists. It also offenses, etc. helps in accessing regional films around the • In times of fast-changing entertainment media, country as well as globally. the government and other stakeholders must • Creative freedom is necessary to provide come together to bring a proper framework unbiased information to millions of citizens that will balance the freedom of expression about the situation of the country, thus and necessary restrictions for the sake of law indirectly demanding transparency and and order. accountability from the Government. • Other countries of the world such as China and • Self-Regulation Code is consistent with the the USA have come forward to devise laws in recommendations of the I&B Ministry’s Expert the wake of progress in artificial intelligence Committee on film certification chaired by and Internet-of-things. India with its huge Shyam Benegal in 2016. diversity and demographic nature cannot remain behind. Mould your thought: • What are OTT Services? Should the government allow the Self-regulation of OTT platforms in India?

Approach to the answer: • Introduction • Define OTT service and their impact • Discuss the Self-regulation code in brief • Write the arguments for self-regulation of these platforms • Conclusion

8.11 Amendments to Arbitration and Conciliation Act

Manifest pedagogy: Amidst the mayhem in Lok Sabha on account of the Farm Bills, the Law Minister Ravi Shankar Prasad on behalf of the Union Government introduced the Arbitration and Conciliation (Amendment) Bill 2021 in the Lok Sabha on 4th February 2021. The vision of the Government is to empower judicial courts to grant Unconditional stays on the enforcement of arbitration awards tainted by fraud or corruption through the new bill

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In news: Lok Sabha Passes Arbitration & Conciliation (Amendment) Bill, 2021

Dimensions: Provisions of the Amendment Bill Importance and Drawbacks of the Amendment Provisions of Arbitration and Conciliation Act 1996 Amendments of 2015 Amendments of 2019 Alternative Dispute Resolution System

Content: i. An advocate under the Advocates Provisions of the Amendment Bill Act, 1961 with 10 years of • Lok Sabha has passed the Arbitration and experience, or Conciliation (Amendment) Bill, 2021 by voice ii. An officer of the Indian Legal vote. • It seeks to amend the Arbitration and Service, among others. Conciliation Act, 1996 so as to • The Bill seeks to omit Schedule VIII and states i. enable automatic stay on awards in that qualifications, experience and norms for certain cases and accreditation of arbitrators shall be specified by Regulations. ii. Specify by regulations the

qualifications, experience and Importance of the Amendment: norms for accreditation of arbitrators. Impetus to making India a hub of international commercial arbitration: Salient Features: • Omission of Schedule VIII of the Act will give Grants Automatic stay on awards: greater flexibility to the Arbitration Council of • In the present regime, a party may file an India and will help in promoting institutional application before the Court under Section 34 arbitration. of the 1996 Act for setting aside an arbitral • This will attract eminent international award. arbitrators to India • However, after the 2015 amendment to (Section 36 of) the Act, an automatic stay Addresses the issue of corrupt practices in securing would not be granted on operation of the contracts or arbitral awards: award by mere filing an application for setting • All the stakeholder parties get an opportunity it aside. to seek unconditional stay of enforcement of • The Bill clarifies that a stay on the arbitral arbitral awards, if the underlying arbitration award may be granted by the Court, even agreement or contract or making of the arbitral during the pendency of the setting aside award is induced by fraud or corruption. application, if it is prima facie satisfied that the relevant arbitration agreement or contract/ Drawbacks of the Amendment: making of the award was induced by fraud or There was widespread opposition with respect to corruption. proposed amendment to Section 36, which provides • This shall be deemed effective from October automatic stay of award. The Chief among them 23, 2015. include: • Stay on the award shall not be unlimited. It will operate only till disposal of application for Prolongs Litigation Process: setting aside under Section 34 of the Act, by • The bill does not define Fraud/ Corruption. the Court. • So, it is very easy for the losing party to allege corruption and obtain an automatic stay on Omit Qualifications of Arbitrators: enforcement of the arbitral award. • Schedule VIII to the principal Act specifies • This defeats the very objective of alternate certain qualifications, experience, and dispute resolution mechanisms by drawing accreditation norms for arbitrators. parties to Courts and making them prone to • These requirements include that an arbitrator prolonged litigation. must be:

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Affects Ease of doing business in India: conciliator may be appointed by mutual • Retrospective application of Amendment Act agreement of the parties who shall act as the (from 2015) with respect to automatic stay presiding conciliator. may open floodgates of litigation • However, the parties may agree that a • Amendment will affect enforcement of conciliator shall be appointed or recommended contracts and thus, affect ease of doing by an institution or a person. business • The Act also explains about the conciliation proceedings shall be terminated when, a Ambiguous and Contradictory Provisions: settlement agreement is signed by the parties • Section 34 does not contain any express provision for setting aside an arbitral award, or Amendments of 2015: refusing its enforcement • It was also observed that Section 34 and The following are the salient features of the new Section 36 are not in consonance with one ordinance, introduced in 2015: another, and that the languages of that Definition of expression ‘Court’: Sections 36 is in conflict with that of Section • The amended law makes a clear distinction 34. between an international commercial arbitration and domestic arbitration with Shows lack of legislative wisdom: regard to the definition of 'Court'. • Continuous piecemeal amendments to the • In so far as domestic arbitration is concerned, Arbitration Act in 2015, 2019 and 2020 indicate the definition of "Court" is the same as was in that the Government lacks legislative wisdom. the 1996 Act, however, for the purpose of • This may create doubts and apprehensions international commercial arbitration, 'Court' about the future changes to the Act and its has been defined to mean only High Court of retrospective application. competent jurisdiction. Adds a proviso to Section 2(2): Provisions of Arbitration and Conciliation Act 1996: • It envisages that subject to the agreement to • The 'Arbitration and Conciliation Act 1996' is an the contrary, Section 9 (interim measures), Act that regulates domestic arbitration in India. Section 27(taking of evidence), and Section 37(1)(a), 37(3) shall also apply to international The major provisions relating to Conciliation in the commercial arbitration, even if the seat of Act are: arbitration is outside India. • A party initiating the conciliation shall send a • The amendment tried to strike a kind of written notice to the other party, briefly balance between the situations created by the identifying the subject of the dispute and judgments of Bhatia International and Balco v. inviting it for conciliation. Kaiser. • The conciliation proceedings shall commence Amends Section 9 dealing with 'Interim Measures' on acceptance of invitation by the other party. • If the Court passes an interim measure of • If the party initiating conciliation does not protection under the section before receive a reply within 30 days from the date commencement of arbitral proceedings, then the invitation was sent or within the specified the arbitral proceedings shall have to period, it may opt to treat this as a rejection commence within a period of 90 days from the and inform the same to the other party. date of such order or within such time as the • If it rejects the invitation, there can be no Court may determine. conciliation proceeding. Unless otherwise • Also, that the Court shall not entertain any agreed there shall be one conciliator. application under section 9 unless it finds that • The parties may however, agree that there circumstances exist which may not render the shall be two or three conciliators, who shall act remedy under Section 17 efficacious. jointly. The sole conciliator shall be appointed by mutual consent of the parties. Amendments of 2019: • In case of two conciliators, each party may Established Arbitration Council of India: appoint one conciliator. • The amendments established an independent • In case of three conciliators, each party may body called the Arbitration Council of India appoint one conciliator and the third (ACI) for the promotion of arbitration,

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• Mediation, conciliation and other alternative ADR is generally classified into the following types: dispute redressal mechanisms. Arbitration: Relaxation of time limits: • The dispute is submitted to an arbitral tribunal • Under the earlier Act, arbitral tribunals are which makes a decision (an "award") on the required to make their award within a period dispute that is mostly binding on the parties. of 12 months for all arbitration proceedings. • It is less formal than a trial, and the rules of • The amendment removed this time restriction evidence are often relaxed. for international commercial arbitrations. • Generally, there is no right to appeal an • It added that tribunals must try to dispose of arbitrator's decision. international arbitration matters within 12 • Except for some interim measures, there is months. very little scope for judicial intervention in the Appointment of arbitrators: arbitration process. • Under the 1996 Act, parties were free to Conciliation: appoint arbitrators. In case of disagreement on • A non-binding procedure in which an impartial an appointment, parties could request the third party, the conciliator, assists the parties Supreme Court, or the High Court, or any to a dispute in reaching a mutually satisfactory person or institution designated by such Court, agreed settlement of the dispute. to appoint an arbitrator. • Conciliation is a less formal form of arbitration. • This was amended. The Supreme Court and • The parties are free to accept or reject the High Courts may now designate arbitral recommendations of the conciliator. institutions, which parties can approach for the • However, if both parties accept the settlement appointment of arbitrators. document drawn by the conciliator, it shall be • For international commercial arbitration, final and binding on both. appointments will be made by the institution Mediation: designated by the Supreme Court. • In mediation, an impartial person called a Written submissions: "mediator" helps the parties try to reach a • A new requirement was added that the written mutually acceptable resolution of the dispute. claim and the defence to the claim in an • The mediator does not decide the dispute but arbitration proceeding should be completed helps the parties communicate so they can try within six months of the appointment of the to settle the dispute themselves. arbitrators. • Mediation leaves control of the outcome with the parties. Alternative Dispute Resolution (ADR) Mechanisms: Negotiation: • ADR is a mechanism of dispute resolution that • A non-binding procedure in which discussions is non-adversarial, i.e. working together between the parties are initiated without the cooperatively to reach the best resolution for intervention of any third party with the object everyone. of arriving at a negotiated settlement to the • ADR can be instrumental in reducing the dispute burden of litigation on courts, while delivering • It is the most common method of alternative a well-rounded and satisfying experience for dispute resolution. the parties involved. • Negotiation occurs in business, non-profit • It provides the opportunity to "expand the pie" organizations, and government branches, legal through creative, collaborative bargaining, and proceedings, among nations and in personal fulfil the interests driving their demands. situations such as marriage, divorce, parenting, and everyday life. Mould your thought: • Critically evaluate the recent changes made to the Arbitration and Conciliation Act.

Approach to the answer: • Introduction • Discuss the changes made in 2021 • Discuss the Importance of these changes • Write the criticisms of these changes • Conclusion

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9. SCIENCE & TECH 9.1 C. Subramaniam, Dr. S. Chandrashekhar & Pro-poor Technology

Manifest pedagogy: The year 1910 was very significant for India and science. This was the year two great Indian stars, the astrophysicist, Dr. Subramaniam Chandrasekhar, and C. Subramaniam, were born. C. Subramamiam’s call for science for the economic freedom of humanity echoes loudly on his birth anniversary and hence their contributions gain importance from UPSC point of view.

In news: The Hindu article - “A champion of science, pro-poor technology”

Dimensions: C. Subramaniam: Contributions Contributions of Dr. Subramanian Chandrasekhar

Content: • The beneficiary of the long-term impacts of C. Subramaniam and his Contributions: CS’s several contributions to education, • Science for humanity was the call of agriculture, science and technology to name a Chidambaram Subramaniam or CS. few. • He championed the cause of science and • He was one of the architects of modern India technology to solve societal problems and relied on evidence-based approaches in • He was an architect of public policy for Indian decision making. Transparency and probity science and of the ‘Green Revolution’ in India. were his powerful tools. • As the Minister for Food and Agriculture, he • The blueprint for linking science and ushered the Indian Green Revolution, an era of technology to the development path of India self-sufficiency in food production along with was cast by CS even before the formation of M. S. Swaminathan, B. Sivaraman and Norman the dedicated Science and Technology E. Borlaug. Ministry. • High-yielding varieties of seeds and more • His super ordinate national goals, probity in intensive application of fertilizers were public life and institutional mechanisms make introduced in parts of India which paved the him an example to be emulated. way for increased output of cereals and Ideas about Economic Freedom attainment of self-sufficiency in food-grains in • CS realised that the economic freedom of the country. every citizen of India was heavily reliant on the • When India faced the reality of ship-to-mouth 4Es: Education, Environment, Economy and status in the 1960s when a few million tonnes Empowerment of our farmers. of grain were imported —a superordinate goal • The National Agro Foundation (NAF) was his that India became self-sufficient in food in five gift to the nation on his 90th birthday; NAF years was set. institutionalized his will through farmer-centric • The goal was realised and has been sustained programmes. since then. • He was awarded Bharat Ratna, Indian's highest • After the Green Revolution, the site used for civilian award, in 1998, for his role in ushering storing food grains became the Technology the Green Revolution. Bhavan that continues to house the Ministry of Dr. Subramaniam Chandrasekhar: Science and Technology. • Dr. Chandrasekhar worked to unravel the science of the universe. Inspiration for scientists and decision makers • Dr. Subrahmanyan Chandrasekhar or SC was an • He serves as a reminder to scientists that the astrophysicist who explored space and purpose of public investments in science must propounded the concept of black holes. include its duty to ensure social and public • As an astrophysicist, Dr Chandrasekhar worked good. on a variety of topics like stellar structure, • CS had an abiding trust in science and believed stellar dynamics, white dwarfs, radiative that technology alone could offer solutions to transfer, and stochastic process, the quantum the problems faced by society.

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theory of the hydrogen anion,, and the • Together with William A. Fowler, Dr. mathematical theory of black holes. Chandrasekhar won the 1983 Nobel Prize for • He is most famous for what is called the Physics for key discoveries that led to the Chandrasekhar Limit. currently accepted theory on the later • While at Cambridge, he outlined a theoretical evolutionary stages of massive stars. model that explained the structure of white • He has received numerous other awards. NASA dwarf which considered the relativistic named one of its 4 great observatories after variation of mass with velocities of electrons the scientist, called Chandra X-ray Observatory. that comprise their degenerate matter. Mould your thought: • Discuss the contribution of Chidambaram Subramaniam to the field of agriculture and science

Approach to the answer: • Introduction • Discuss role of CS in Green Revolution • Discuss establishment of NAF • Discuss his contribution to further science and his use of evidence based decision making • Conclusion

9.2 DRDO

Manifest pedagogy: The DRDO is developing technologies for all major defence domains and has been participating in the Aero India exhibition in a big way. The Organisation with its vast defence design and development capability has been working towards Atmanirbhar Bharat and has taken up many policy initiatives to work closely with all stakeholders of the ecosystem.

In news: Host of activities by DRDO during Aero India 2021

Dimensions: Key mandate and divisions of DRDO Important programs Indigenous Technologies for Atmanirbhar Bharat Aero India 2021 and DRDO

Content: number of laboratories, achievements and Key mandate and divisions of DRDO: stature. • Defence Research and Development • Today, DRDO is a network of more than 50 Organisation (DRDO) is the R&D wing of laboratories which are deeply engaged in Ministry of Defence, Govt of India developing defence technologies covering • Its vision is to empower India with cutting- various disciplines edge defence technologies and to achieve self- DRDO’s Mission: reliance in them. • Design, develop and lead to production state- • It equips Indian armed forces with state-of-the- of-the-art sensors, weapon systems, platforms art weapon systems and equipment in and allied equipment for our Defence Services. accordance with requirements laid down by • Provide technological solutions to the Services the three Services. to optimise combat effectiveness and to • DRDO was formed in 1958 from the promote well-being of the troops. amalgamation of the then already functioning • Develop infrastructure and committed quality Technical Development Establishment (TDEs) manpower and build strong indigenous of the Indian Army and the Directorate of technology base. Technical Development & Production (DTDP) with the Defence Science Organisation (DSO). DRDO works on the following Technology Clusters: • Over the years, it has grown multi-directionally • Naval Systems and Materials (NS&M): in terms of the variety of subject disciplines, ○ Comprises six laboratories

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○ Provides cutting edge naval and material Control, Networking, Information and solutions for the Armed Forces. Communication Security, etc.

• Aeronautical Systems (Aero): Important Programs: ○ Comprises four labs Tejas LCA ○ Engaged in the development of state-of- • The DRDO is responsible for the ongoing Tejas the-art unmanned Air Vehicles, Aero Gas Light Combat Aircraft. Turbine Engine Technology, Airborne • The LCA is intended to provide the Indian Air Surveillance Systems, Parachutes, Force with a modern, fly by wire, multi-role Decelerators and Lighter-than-Air fighter, as well as develop the aviation industry Systems. in India. • The LCA programme has allowed DRDO to • Armament & Combat Engineering Systems progress substantially in the fields of avionics, (ACE): flight control systems, aircraft propulsion and ○ Focuses on research & development of composite structures, along with aircraft armaments, explosives, land based design and development. combat vehicles & engineering equipment. Key avionics for the Sukhoi Su-30MKI ○ It is also involved in the production of • The DRDO provided key avionics for the Sukhoi systems through Transfer of Technology Su-30MKI programme under the "Vetrivel" (ToT). programme. • Systems developed by DRDO include radar • Missiles and Strategic Systems (MSS): warning receivers, radar and display ○ Responsible for the design and computers. development of state-of-the-art Missiles • DRDO's radar computers, manufactured by and Strategic Systems required for the HAL are also being fitted into Malaysian Su-30s. deterrence and defence of the country Nishant and Lakshya UAV • The DRDO has also developed two unmanned • Electronics and Communication Systems aerial vehicles – the Nishant tactical UAV and (ECS): the Lakshya (Target) Pilotless Target Aircraft ○ Has a mandate to design and develop (PTA). electronic, electro-optical and laser • The Lakshya PTA has been ordered by all three based sensors and systems? services for their gunnery target training requirements. • Life Sciences (LS): • Efforts are on to develop the PTA further, with ○ Focus on optimizing the performance an improved all digital flight control system, and wellbeing of the human behind the and a better turbojet engine. weapon through translational research • The Nishant is a hydraulically launched short- in life sciences in terms of psychological, ranged UAV for the tactical battle area. It is physiological and nutritional well-being. currently being evaluated by the Indian Navy ○ Responsible for developing life support and the Indian Paramilitary forces as well. systems and protection from all conceivable operational hazards. INSAS Rifle • INSAS (an abbreviation of INdian Small Arms • Micro Electronic Devices, Computational System) is a family of infantry arms consisting Systems & Cyber Systems (MED & CoS): of an assault rifle and a light machine gun ○ MED focuses on thrust areas and (LMG). technologies relating to Microwave • The INSAS assault rifle is the standard infantry Tubes, Solid State Electronics including weapon of the Indian Armed Forces. Micro Electronic Device design and manufacturing. Integrated Guided Missile Development Programme ○ CoS sub-cluster focuses on systems and (IGMDP) technologies relating to Artificial • The IGMDP was launched by the Indian Intelligence, Robotics, Command and Government to develop the ability to develop

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and design a missile locally, and manufacture a Aero India 2021 and DRDO: range of missile systems for the three defence • Aero India is a platform for aerospace services. enthusiasts, prospective defence industries, • The programme has seen significant success in aspirant start-ups and all other stakeholders to its two most important constituents – the Agni participate and witness the advances in global missiles and the Prithvi missiles, while two defence and aerospace fields and interact with other programmes, the Akash SAM and the many national and international delegations anti-tank Nag Missile have seen significant and industries. orders. • More than thirty laboratories of DRDO connected to aeronautical development • The missiles developed under IGMDP are: exhibited their products and technological ○ Short-range surface-to-surface ballistic achievements in this mega event. missile – Prithvi ○ Intermediate-range surface-to-surface Defence Minister Rajnath Singh released the following ballistic missile – Agni documents ○ Short-range low-level surface-to-air • DRDO export compendium missile – Trishul • New Procedure for Design, Development and ○ Medium-range surface-to-air missile – Production of Military Aircraft and Airborne Akash Stores (DDPMAS) ○ Third generation anti-tank missile – Nag • Document for airworthiness certification, • Aeronautical Research & Development Board Indigenous Technologies for Atmanirbhar Bharat: (AR&DB) Golden Jubilee Stamp • India is ironically the second largest arms • Documents on the Journey of the board importer (behind Saudi Arabia) without an towards the Golden Jubilee of AR&DB. indigenous defense manufacturing company The major attraction of DRDO’s participation in the event listed in the top 20. was: • India seeks to maintain regional domination • The flying display of Airborne Early Warning & and obtain sufficient firepower to protect its Control (AEW&C) system, immediate borders. The span of the Indian • Light Combat Aircraft (LCA) Tejas and LCA Navy Ocean Region (IOR) is parallel to the Chinese • Combat Free Fall System, ambition of the First Island Chain. • Models of Advanced Medium Combat Aircraft • India’s desire to develop its domestic defense (AMCA) base reflects two sets of concerns: the desire • ABHYAS – High-speed Expendable Aerial to be self-reliant and the desire to avoid the Target, high cost of importing weapons. • Twin Engine Deck Based Fighter (TEDBF), • As a rising global power, growing a self-reliant • FCS System for LCA and Aerostat Systems. India seems logical given its strategic • Indian Maritime Simulation System (IMSAS), imperatives. Air Warfare Simulation System and the Air • India should grow its native research and Defence Simulation System research and development (R&D) base for • Full-scale models of various Surface to Air innovation, since its current capability remains missiles like, Astra, LRSAM, QRSAM, Air to Air limited to foreign collaboration projects Missile Astra, Anti-Radiation Missile NGARM without adequate investment. and Smart Anti Airfield Weapon SAAW

Mould your thought: • Write a short note on DRDO and its importance for Atma Nirbhar Bharat

Approach to the answer: • Introduction • Write about Mission and Vision of DRDO • Write briefly about Technology Divisions / achievements • Write about the importance of indegenous military technology and DRDO’s role • Conclusion

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9.3 Geo Spatial Data Policy liberalized

Manifest pedagogy: The government has approved the new policy on geospatial data and services related to such data. The policy aims to liberalise the access to geospatial data among private Indian entities. The sweeping changes announced have given Indian private players the freedom to handle information related to mapping without prior approval or restriction.

In news: Government approves new policy on Geospatial data and related services

Dimensions: Geo-Spatial Data and its Importance Changes Made in the Policy Importance of the changes made Provisions of the existing Geospatial Data Policy

Content: • The availability of data and modern mapping Geo-Spatial Data and Its Importance: technologies to Indian companies is also crucial • Geospatial data refers to all the data regarding for achieving India's policy aim of Atmanirbhar natural or man-made, imaginary or physical Bharat and the vision for a five trillion-dollar features, whether they are above or below the economy. ground. • There has been immense progress over the • Geo-spatial data carries the location years in technology for capture of geospatial information, the attribute information such as data through ground-based survey techniques, events, objects or phenomenons and temporal photogrammetry using manned/unmanned information at a time at which the location aerial vehicles, terrestrial vehicle mounted exists. Mobile Mapping System, LIDAR, RADAR • In this data about the objects and the events Interferometry, satellite-based remote sensing, will have a location on the surface of the mobile phone sensors and other techniques. Earth? • The location may be static in the short term Changes Made in the Policy such as a road location, an earthquake etc or • The government has approved the new policy may be dynamic data such as a moving vehicle on geospatial data and services related to such or spread of an infectious disease. data. • The policy aims to liberalise the access to It’s Importance geospatial data among private Indian entities. • Location information is an integral part of the • The data collected by the government using modern digital ecosystem and critical for public funds, except for classified data, would unlocking economic, social and environmental now be available openly. opportunities for sustainable growth and • The requirement for private entities to get development of the country. prior approval, undergo security clearance or • It is critical to the success of modern industry obtain licence in order to collect or use offering location-based services such as e- Geospatial data has been done away with. Commerce, delivery and logistics and urban • Instead, the private entities would be able to transport. self-attest and adhere to these guidelines • It is also essential for more traditional sectors without any governmental monitoring. of the economy such as agriculture, • Only Indian entities would be able to get construction and development and mines and unrestricted access to data regarding ground minerals. truthing/verification, augmentation services • The availability of comprehensive, highly for real time positioning and Indian ground accurate, granular and constantly updated stations. representation of Geospatial Data will • Apart from that, street view survey, terrestrial significantly benefit diverse sectors of the mobile mapping survey and Indian territorial economy. waters surveying would also only be permitted • It will significantly boost innovation in the for Indian entities. country and greatly enhance the preparedness • The government has set threshold values for of the country for emergency response. spatial accuracy and values and the digital

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• Maps and Geospatial data having values and • The Bathymetric Geospatial data would help in accuracy up till the threshold, can be uploaded achieving this goal. to the cloud. • Thus, Blue economy is also an area that would • However, for maps and data going beyond the benefit from geospatial data. threshold, would only be allowed to be stored Provisions of the existing Geospatial Data Policy and processed on domestic servers or clouds. • Currently private entities are required to get • The government also clarified that for political prior approval, undergo security clearance or maps of the country, state or any other obtain licence in order to collect or use boundary, the maps or digital boundaries Geospatial data published by Survey of India would be taken as • There are various restrictions put by the standard and they would be made available for Government of India currently. The restrictions easy download. are imposed on the sales, usage, storage and • For private entities wanting to publish such collection of geo-spatial data and mapping. maps, adherence to these standards would be • The problem was that the policy has not been needed. renewed in the past few decades. This has caused internal and external security concerns. Importance of the changes made • The sector so far has been dominated by the Gives a push to the ‘Atmanirbhar Bharat’ initiative: Indian Government as well as government • India presently relies heavily on foreign aided agencies like Survey of India. resources for mapping technologies and • The private organizations need to go through a services. Liberalisation of the mapping industry system of permissions from various and democratization of existing datasets will departments of the Government of India as spur well as Defence and the Home Ministry. It is • Domestic innovation and enable Indian after this that they are able to collect or create companies to compete in the global mapping or disseminate the data collected. ecosystem by leveraging modern geospatial • Earlier the geo-spatial data was a matter technologies. concerned with security and was the Developing Local Solutions to Local Problems prerogative of the defence forces and the • Since the Indian entities would get a push, it government. would lead to an increase in locally relevant • GIS mapping was rudimentary too. The maps. Government began investing in it after the • This would aid in better planning and Kargil war. This highlighted the dependence on management of resources customised and foreign data and the requirement of better suited for the Indian people. indigenous sources of the data. Impetus to Blue economy • India is working to bring more projects to undertake the exploration of its water resources.

Mould your thought: • New geospatial data policy opportunity for Indian industry. Analyse

Approach to the answer: • Introduction • Write briefly about Geospatial Data and its importance • Discuss the changes made to policy • Discuss the advantages of such changes for Indian Companies • Conclusion

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10. Security 10.1 Smart Wall for Indian Borders

Manifest pedagogy: Technical solutions are necessary to augment and complement the traditional methods of border guarding. They not only enhance the surveillance and detection capabilities of the border guarding forces but also improve the impact of the border guarding personnel against infiltration and trans-border crimes.

In news: United States President Joe Biden scraps Physical Wall; an alternative ‘smart’ wall is proposed replace it

Dimensions: What is a Smart Wall? Advantages of Smart Wall Hurdles for implementation in India

Content: United States President Joe Biden has halted the Advantages of Smart Wall: construction of the much-publicised 'border wall' In general, Smart Wall has the following benefits: between the United States and Mexico. • Cost Friendly: A Smart Wall can accomplish the However, an alternative 'Smart wall' has been same goals as a physical wall but at a much proposed to replace the physical and armed patrolling lower price. with advanced surveillance technology. • Quick Deployment: Physical wall will take

What is a Smart Wall? years to be developed while the Smart Wall is • At present, there's no single definition for the ready to go technology. 'Smart Wall'. • Customisation: A Smart Wall will allow border • A smart wall will use technologies such as security officials to adjust tactics as per the scanners, sensors and radars to prevent illicit situations. entry, smuggling and other border threats. • Ease of Upgradation: IoT devices are quick and • The smart wall will empower border officials easy to deploy and are inexpensive to move and enhance situational awareness to prevent and update. illicit activities. • Low Maintenance: The maintenance cost of a • It will incorporate Internet-of-Things (IoT) Smart Wall is much less than a physical wall. technologies (such as sensors, security • Environment Friendly: Smart Wall raises cameras, software solutions) to distinguish minimal environmental concerns, allowing between animals, humans and vehicles. wildlife and rainwater to pass freely through • An alert will be sent to the officers in case of the area. border breaches by humans. • Easy Surveillance of rugged terrain: Rough • Such a wall will create a technological barrier. terrains are difficult to patrol, making the border vulnerable to breaches. Smart Wall will

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overcome this drawback posed by a physical Hurdles for implementation in India: wall, enhancing the surveillance across a vast • The BSF does not have the required technical terrain. expertise to offer clear guidelines to the • Limited Land Use: Smart Wall technology vendors so that they can provide suitable requires fewer land acquisition by the products. government as compared to a physical border. • In the case of India, it is widely accepted that • Quick Response to threats: IoT technologies the operation and maintenance of the existing will allow patrolling agents to survey hundreds sophisticated equipment remain a problem. of miles at a time. Additionally, a real-time • At present, many of the high-tech surveillance alert will make it easy for them to respond to devices deployed by the BSF are not optimally activity from immigrants approaching the utilised because the required technical border or to a lost hiker looking for supplies. expertise is not uniformly available among the In the Indian Border Security context: force’s personnel. • Smart Wall will enhance critical security • Furthermore, the exorbitant cost of the establishments across long boundaries of India electronic devices and the lack of easy and complement existing fencing and walls. availability of spare parts act as a deterrent • If deployed along the Indian borders, will against their use provide the security forces present at the • Erratic power supply and adverse climatic and border with an advantage over enemies and terrain conditions in the border areas could border infiltration can be effectively potentially undermine the functioning of the countered. sophisticated system • The problem of cross-border terrorism and Issues in Electronic Border Management in India smuggling in India could be reduced effectively. An in-depth assessment of the existing electronic Smart Fencing in India surveillance systems in border management • In India, two pilot projects have been revealed that it suffered from a number of completed with state-of-the-art surveillance shortcomings which hampered effective technologies at Indo-Pakistan Border (10 Kms) functioning. and Indo-Bangladesh Border (61 Kms). Some of the shortcomings highlighted were: • These projects are termed as Comprehensive • The high-tech equipment being used did not Integrated Border Management System provide all-round security and did not work in (CIBMS) adverse climatic conditions; • CIBMS uses smart surveillance devices and • Significant gaps remained at rivers and nullahs analyses data in real-time. running along the fences; • It involved the deployment of thermal imagers, • Being manpower intensive, the system was not infra-red and laser-based intruder alarms, effective in providing rest and relief to BSF aerostats for aerial surveillance, unattended troops; and, ground sensors to detect intrusion bids, radars, • It is not an integrated system and therefore sonar systems to secure riverine borders, fibre- failed to provide a common operating picture optic sensors and a command and control at all levels. system. Given these shortcomings, the Border Security • Border Electronically Dominated QRT Force (BSF) argued that a new, efficient and high- Interception Technique (BOLD-QIT) under tech surveillance system for border guarding is CIBMS is used on the Indo-Bangladesh border urgently required to prevent infiltration by in Assam's Dhubri district. terrorists and smugglers.

Mould your thought: • A Smart Wall can solve India’s border security issues. Critically Evaluate. Approach to the answer: • Introduction • Briefly define Smart Wall • Highlight India’s Border Security Issues • Write the advantages of Smart Wall in solving these problems • Discuss the challenges for implementing such projects • Conclusion

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11. SOCIETY 11.1 HC Verdict, POCSO and Protecting Children from Sexual Abuse

Manifest pedagogy: The Bombay High Court had acquitted a man of sexual assault charges under the Prevention of Children from Sexual Offences (POCSO) Act for groping a child, and instead convicted him under the Indian Penal Code (IPC) for a lesser offence. Justice Pushpa V Ganediwala said the allegation was not serious enough for the greater punishment prescribed under the law. The ruling drew criticism for its restricted interpretation of the offence and spotlights the concept of mandatory minimum sentencing in legislation, including POCSO.

In news: Supreme Court stays Bombay HC order on ‘skin-to-skin’ contact for sexual assault under POCSO Act

Dimensions: Ruling of the Bombay High Court Provisions of POCSO Recent Amendments Criticisms of the Ruling

Content: offences like sexual abuse, sexual harassment Ruling of the Bombay High Court: and pornography. • On January 12, The Nagpur Bench of the • It tries to safeguard the interest of the child at Bombay High Court reversed the decision of a every stage of the judicial process by sessions court which had convicted 39-year-old incorporating child-friendly mechanisms for Bandu Ragde under Section 8 of the POCSO reporting, recording evidence, investigation Act, and sentenced him to three years in jail and speedy trial of the offences through • The court had acquitted a man of sexual designated Special Courts assault charges under Section 8 the Prevention • The Act defines a child as any person below 18 of Children from Sexual Offences (POCSO) Act years of age. for groping a child, and instead convicted him • It also makes provisions for avoiding the re- under the Indian Penal Code (IPC) for a lesser victimisation of the child at the hands of the offence. judicial system. • Section 8 of the POCSO Act provides for a • The Act defines different forms of sexual abuse sentence of rigorous imprisonment of three to which includes penetrative and non- five years. penetrative assault. It also involves sexual • The high court convicted him under Section harassment, pornography, etc. 354 of the IPC, which deals with assault or use • Under certain specific circumstances POCSO of criminal force to any woman with an intent states a sexual assault is to be considered to outrage her modesty, and sentenced him to “aggravated if the abused child is mentally ill or one year in jail. when the abuse is committed by a member of • The High Court ruling held that groping a child the armed forces or security forces or a public over her clothes without direct “skin to skin” servant or a person in a position of trust or physical contact does not constitute the authority of the child, like a family member, offence under the POCSO Act. police officer, teacher, or doctor or a person- • The court said that since the convict groped management or staff of a hospital — whether the prosecutrix over her clothes, this indirect Government or private.” contact would not constitute sexual assault. • The Act also makes it mandatory to report • The court reasoned that since the offence such cases. It makes it the legal duty of a under POCSO carried a higher punishment, a person aware of the offence to report the conviction would require a higher standard of sexual abuse. proof, and allegations that were more serious. • In case he fails to do so, the person can be punished with six months’ imprisonment or Provisions of POCSO: fine. • The Protection of Children from Sexual • The Act further states that the evidence of the Offences Act (POCSO Act) 2012 was child should be recorded within a period of established to protect the children against thirty days.

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• The Special Court taking cognizance of the criminal use of force and outraging the matter should be able to complete the trial modesty of a woman, among other charges. within the period of one year from the date of • Mandatory minimum sentences are also taking cognizance of the abuse. prescribed in some cases to remove the scope • It provides that the Special Court proceedings for arbitrariness by judges using their should be recorded in camera and the trial discretion. should take place in the presence of parents • For example, the punishment for a crime under or any other person in whom the child has IPC Section 124A (Sedition) is “imprisonment trust or confidence. for life, to which fine may be added, • The Act provides for punishment against false or…impris­onment which may extend to three complaints or untrue information. It describes years, to which fine may be added, or…fine”, strict action against the offender according to which leaves room for vast discretion with the gravity of the offence. judges. • It prescribes rigorous imprisonment for a term Criticisms of mandatory sentencing which shall not be less than ten years but • Studies have shown that mandatory sentencing which may extend to imprisonment for life and in laws lead to fewer convictions, because also fine as punishment for aggravated when judges perceive that the punishment for penetrative sexual assault. the offence is harsh, they might prefer to • It also prescribes punishment to the people acquit the accused instead. who traffic children for sexual purposes. • After conviction, a separate hearing is conducted to award sentence, in which aspects What is a mandatory minimum sentence? such as the accused being a first-time offender • Section 8 of the POCSO Act carries a sentence with potential for reformation or being the sole of rigorous imprisonment of three to five years. breadwinner of the family, or the accused’s age • However, imposing the minimum sentence is and social background, or the seriousness of mandatory. the offence, etc., are considered. • Where a statute has prescribed a minimum • The absence of the opportunity to consider sentence, courts do not have the discretion to such factors, and instead prescribe a pass lighter sentences irrespective of any mandatory sentence, pushes judges in some specific circumstances that the case or the cases towards acquitting the accused. convict might present. • A 2016 report on the ‘Study on the Working of • Minimum sentences have been prescribed for Special Courts under the POCSO Act in Delhi’ all sexual offences under the POCSO Act by the Centre for Child Law at the National Law barring the offence of sexual harassment. School of India University, Bengaluru, has • In a 2001 ruling, the Supreme Court held that highlighted the reluctance of courts in where the mandate of the law is clear and convicting under sections that carry a unambiguous, the court has no option but to mandatory minimum sentence. pass the sentence upon conviction as provided under the statute. Recent Amendments to POCSO Act 2012: • “The mitigating circumstances in a case, if • The POCSO Act was amended in 2019 through established, would authorise the court to pass POCSO (Amendment) Act, 2019. such sentence of imprisonment or fine which • It added a number of provisions to safeguard may be deemed to be reasonable but not less children from offences of sexual assault and than the minimum prescribed under an sexual harassment. enactment,” the court said in State of J&K v Vinay Nanda. Some of the important changes are as follows: Rationale behind Mandatory Minimum Sentence: • It was amended to make the offences against • A mandatory sentence is prescribed to children gender-neutral. underline the seriousness of the offence, and is • The definition of ‘Sexual Assault’ has been often claimed to act as a deterrent to crime. extended to incorporate administration of • In 2013, criminal law reforms introduced in the hormones or chemical substances to children aftermath of the 2012 Delhi gangrape to attain early sexual maturity for the purpose prescribed mandatory minimum sentences for of penetrative sexual assault.

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• It clearly defines child pornography and makes The Functions of the National Commission for it punishable. Protection of Child Rights as laid out in the • It defines child pornography as any visual Commissions for Protection of Child Rights depiction of sexually explicit conduct involving (CPCR) Act, 2005 are as follow: a child including photograph, video, digital or • Examine and review the safeguards provided computer generated image indistinguishable by or under any law for the time being in from an actual child. force for the protection of child rights and • The amendments also penalize the recommend measures for their effective transmitting of pornographic material to implementation; children and propose to synchronise it with the • Present to be central government, annually Information Technology Act. and at such other intervals, as the • The Act seeks to enhance punishment for commission may deem fit, reports upon sexual offences against children, with a working of those safeguards; provision of death penalty. • Inquire into violation of child rights and • According to the amendment act, those recommend initiation of proceedings in such committing penetrative sexual assaults on a cases; child below 16 years of age would be punished • Examine all factors that inhibit the with imprisonment up to 20 years, which might enjoyment of rights of children affected by extend to life imprisonment as well as fine. terrorism, communal violence, riots, natural • In case of aggravated penetrative sexual disaster, domestic violence, HIV/AIDS, assault, the act increases the minimum trafficking, maltreatment, torture and punishment from ten years to 20 years, and exploitation, pornography and prostitution the maximum punishment to death penalty. and recommend appropriate remedial • To curb child pornography, the Act provides measures; that those who use a child for pornographic • Look into the matters relating to the children purposes should be punished with in need of special care and protection imprisonment up to five years and fine. including children in distress, marginalized • However, in the event of a second or and disadvantaged children, children in subsequent conviction, the punishment would conflict with law, juveniles children without be up to seven years and fine. family and children of prisoners and recommend appropriate remedial measures; National Commission for Protection of Child • Study treaties and other international Rights (NCPCR) instruments and undertake periodical review • It is a statutory body established by an Act of of existing policies, programmes and other Parliament, the Commission for Protection activities on child rights and make of Child Rights (CPCR) Act, 2005. recommendations for their effective • The Commission works under the aegis of implementation in the best interest of the Ministry of Women and Child children; Development, GoI. The Commission began • Undertake and promote research in the field operations on 5th March, 2007. of child rights; • The Commission is mandated under section • Spread child rights literacy among various 13 of CPCR Act, 2005 "to ensure that all section of society and promote awareness of Laws, Policies, Programmes, and the safeguards available for protection of Administrative Mechanisms are in these rights through publications, the media, consonance with the Child Rights seminar and other available means; perspective as enshrined in the Constitution • Inspect or cause to be inspected any of India and the UN Convention on the juveniles custodial home, or any other place Rights of the Child." of residence or institution meant for • As defined by the commission, a child children, under the control of the Central includes a person up to the age of 18 years. Government or any State Government or • NCPCR is mandated to monitor the any other authority, including any institution implementation of POCSO Act, 2012 run by a social organization; Where children are detained or lodged for the purpose of treatment, reformation or protection and

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take up with these authorities for remedial claim innocence under POCSO by arguing that action, if found necessary; the child he assaulted was clothed and there • Inquire into complaints and take suo motu was no “direct physical skin-to-skin contact” notice of matter relating to: between them. ○ Deprivation and violation of child • Thus, the High Court decision would set a rights; “very dangerous precedent” and cripple the ○ Non implementation of laws providing intention of POCSO to punish sexual offenders. for protection and development of • The NCPCR had earlier asked the Maharashtra children; government to urgently appeal the High Court ○ Noncompliance of policy decisions, judgment. guidelines or instructions aimed at • Meanwhile, several organisations, including mitigating hardships to and ensuring the Youth Bar Association of India, welfare of the children and provide represented by advocate Manju Jetley, also relief to such children; moved the Supreme Court against the HC ○ Or take up the issues rising out of such judgment. matters with appropriate authorities. • The petition said that the HC verdict contained several observations about the victim child’s Criticisms of the HC Ruling: modesty, which were both “derogatory and • The High Court conclusion that mere touching defamatory”. The child was even named in or pressing of a clothed body of a child did not the judgment. amount to sexual assault, has been criticized by • The ruling also drew criticism for its restricted many organizations. interpretation of the offence and spotlights • Attorney General K.K. Venugopal said that in the concept of mandatory minimum future, because of the order, an accused could sentencing in legislation.

Mould your thought: • The Bombay High Court verdict that mere touching or pressing of a clothed body of a child did not amount to sexual assault sets a very dangerous precedent. Elaborate.

Approach to the answer: • Introduction • Discuss the High court ruling and its reasoning • Write the criticism of the judgement • Conclusion

11.2 Safeguards for Internal Complaints Committee (ICC) Members

Manifest pedagogy: Sexual harassment at workplace is an extremely distressing issue that degrades the quality of an organisation, makes it unsafe, reduces an employee’s will to work and outrightly disrespects the fundamental rights of the workmen. The PIL filed by advocate Abha Singh and social worker Janaki Chaudhary sought that members of the internal complaints committees (ICC) should be declared as public servants and they should have stability of tenure.

In news: PIL plea in Bombay HC seeks safeguards for ICC members

Dimensions: What is an internal complaints committee? Composition Appointment Powers and Functions Problems How will the petition help, if accepted?

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Content: Composition of ICC: What is an internal complaints committee? The Internal Complaints Committee must comprise of: • Internal Complaints Committee (ICC) is a • Presiding Officer: The presiding officer must be mandatory committee which every employer is a woman employed at a senior level in the required to constitute within his organization. organization or workplace to work according to • ICC is set up under the The Sexual Harassment the Internal Complaints Committee Policy. of Women at Workplace (Prevention, • Internal Members: At least 2 Internal Prohibition and Redressal) Act, 2013 also Complaints Committee members must be known as Prevention of Sexual Harrassement selected from among the employees who are Act (POSH) committed to the cause of women or who have • As per the POSH Act, an employer having 10 had experience of social work or have legal workers or more is required to set up an knowledge. Internal Complaints Committee for the • External Member: The external member of the redressal of ‘sexual harassment’ complaints at ICC has to be selected from non-governmental such entity and to regulate and administer organizations or associations committed to the complaints on sexual harassment. cause of women or a person familiar with the • An Internal Complaints Committee is required issues relating to sexual harassment. to be constituted which shall submit an annual 50% Women of the member should be women: It is report to its employer and District Officer. mandatory that at least one half of the total members nominated to the ICC must be women. POSH Act Appointment of Members: The Sexual Harassment of Women under the • In accordance with the Act, Internal Complaints Workplace (Prevention, Prohibition and Committee Policy is required to prevent Redressal) Act (hereinafter referred to as “Act”) instances of sexual harassment and also to was enacted in the year 2013 with threefold receive and effectively deal with complaints purposes: related to such acts. • Accordingly Internal Complaints Committee • Providing protection to women against (IC) is to be constituted at all administrative sexual harassment at the workplace, units and offices of a company. • To prevent sexual harassment • Once the committee is appointed the details of • To provide a redressal mechanism for the Internal Complaints Committee Policy is to complaints relating to sexual harassment at be notified to all persons at the workplace. the workplace Powers and Functions of ICC The Act was enacted after the decision of the • In case of the complaint against POSH, the ICC Supreme Court in the case of Vishaka and is solely responsible to investigate with non- Others v. State of Rajasthan (1997). biasness. • ICC is sole authority to inquire the complaints

and make efforts to redress the same The honorable court laid down guidelines • The Internal Complaints Committee plays an relating to sexual harassment of women at the important role in the functioning of the workplace, known as “Vishakha Guidelines”. provisions of the POSH Act and to ensure the The guidelines were in force until the fulfillment of its objectives of the Internal enactment of the legislation. Complaints Committee Policy. As per the Act, Sexual Harassment includes any Thus, the main functions of the Internal Complaints of the following unwelcome behaviour, done Committee are: either directly or through implication: • Implementation of the Internal Complaints • Physical contact and advances. Committee Policy relating to the prevention of sexual harassment. • A demand or request for sexual favours. • Resolving complaints by the aggrieved based • Making sexually coloured remarks. on the guidelines of the Internal Complaints • Showing pornography. Committee Policy. • Any other physical, verbal or non-verbal • Recommending actions to be taken by the conduct of sexual nature. Employer.

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Powers of ICC: • Submits annual reports in the prescribed • As per Section 11(3) of POSH Act, the Internal format as prescribed Complaints Committee enjoys the powers The Internal Complaints Committee is required to be same as that of a Civil Court. vigilant to redress the sexual harassment complaints • It is empowered to initiate an inquiry into a and resolve them expeditiously. complaint of sexual harassment at workplace according to the Internal Complaints Problems with ICC: Committee Policy. The PIL pointed out that: • IC has the power to summon witnesses and • Although the ICC has powers of a civil court, parties to give a statement before the the members of such committees have not committee. been provided with any safeguards like judges • It enjoys the discretion of summoning evidence of a court. to be examined if it may be deemed necessary • As most of the members of ICC are employees to do so by the members of the Committee. of the organisation, the lack of safeguards hinders the working of ICC to act without fear As per the law, it is mandatory for every workplace to and favour. have an Internal Complaints Committee (ICC) that • The report of the Justice J.S.Verma Committee would critical role in prevention, prohibition, and said that an anomalous situation has arisen redressal of sexual harassment at the workplace. where ICC members have been conferred with The ICC has a responsibility to establish an effective quasi-judicial powers without safeguards. internal complaints procedure, where: • This creates a highly unjust and iniquitous • Assurance that no victimization will result from situation for ICC members as well as the parties making a complaint to the case. • The procedure is well documented, available • This acts as a barrier to holistically address the and in accessible formats; issue of sexual harassment at workplace. • Members who manage complaints are well The PIL urged the court: trained • To declare the service conditions of the ICC • Assistance is provided in the form of language members protected by principles of natural interpreters as needed for parties to a justice complaint • ICC members should be declared as public • Ensuring the process is confidential, servants and have the same protection of independent and based on principles of natural tenure. justice • Ensuring the process has clear timelines How will the petition help, if accepted? • All conflicts of interest are managed • Direction from the court to set up a appropriately. commission could review the deficiencies of In pursuance of its mandate, the ICC: ICC holistically in terms of their rights and • Receives complaints of sexual harassment at protection. the workplace • It could prevent adverse action by employers • Initiates and conducts inquiry as per the against ICC members. company’s procedure • If all companies are required to report to the • Submit findings and recommendations of all National Commission for Women and their such inquiries respective local complaints committee about • Coordinates with the Employer in any adverse action taken against any ICC implementing appropriate action members, they can work impartially • Maintains strict confidentiality throughout the • Security of tenure will also empower the ICC to process as per established guidelines of the act more impartially against the complaints of Internal Complaints Committee Policy sexual harassment.

Mould your thought: • Internal Complaints Committee members need safeguards to achieve a safer workplace for women. Evaluate.

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Approach to the answer: • Introduction • Enumerate the purpose, functions and powers of ICC • Discuss the current problems with ICC • Mention how giving more safeguards improves the performance of ICC • Conclusion

11.3 UNESCO and Endangered Languages

Manifest pedagogy: Language loss has been a reality throughout history. Language loss is a serious matter and it is a socio-cultural shock. After the 1971 census, Indian government decided that any language spoken by less than 10,000 people need not be included in the official list of languages. Therefore, in India, all the languages that are spoken by less than 10,000 people are treated by the state as not worthy of mention and treated by the UNESCO as potentially endangered.

In news: Annual International Mother Language Day (IMLD) observed on 21 February

Dimensions: What is this Report? Details of the Report Reasons for languages getting endangered What has the government been doing? Suggestions

Content: • It has 193 member states and 11 associate What is this Report? members, as well as partners in the UNESCO’s Atlas of the World’s Languages in Danger nongovernmental, intergovernmental, and is intended to: private sector. • Raise awareness about language • UNESCO was founded in 1945 as the successor endangerment. to the League of Nations' International • Highlights the need to safeguard the world’s Committee on Intellectual Cooperation. linguistic diversity among policy-makers, • UNESCO's activities have broadened over the speaker communities and the general public, years to include assisting in the translating and and disseminating of world literature, establishing • Be a tool to monitor the status of endangered international cooperation agreements to languages and the trends in linguistic diversity secure World Heritage Sites of cultural and at the global level. natural importance, defending human rights, The aim of UNESCO’s Endangered Languages bridging the worldwide digital divide, and Programme is to support communities, experts and creating inclusive knowledge societies through governments by producing, coordinating and information and communication disseminating: • Tools for monitoring, advocacy, and Details of the Report: assessment of language status and trends; and • It is estimated that, if nothing is done, half of • Services such as policy advice, technical the over 6,000 plus languages spoken today expertise and training, good practices and will disappear by the end of this century • A platform for the exchange and transfer of • India has the highest number of languages - skills. 197 languages- which were endangered, The United Nations Educational, Scientific and vulnerable or extinct as of 2017 Cultural Organization (UNESCO) • Out of these 5 languages were extinct, 42 • It is a specialised agency of the United Nations critically Endangered, 7 severely endangered (UN) Headquartered in Paris, France and 62 were definitely endangered and 81 • Aimed at promoting world peace and security were vulnerable through international cooperation in • Neary 60% of these languages originated in the education, the sciences, and culture. Northeast and Andaman & Nicobar Islands

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• More than half of endangered languages have subjugation, or by internal forces such as a fewer than 10000 speakers and therefore have community’s negative attitude towards its own not been recorded in the Indian Census language. • Increased migration and rapid urbanization • India’s language Census records only those often bring along the loss of traditional ways of languages with more than 10,000 speakers. life and a strong pressure to speak a dominant • As per the 2011 Census,the number of language that is – or is perceived to be – speakers reduced for 22 languages out of the necessary for full civic participation and 99 non-scheduled languages recorded. economic advancement. • Examples of such languages would be Wadari, • Politico-economic and cultural subordination: Kolhati, Golla, Gisari. These are languages of the social dominance by any group leads to the nomadic people in Maharashtra, Karnataka and language of that group becoming more popular Telangana. in that society. For instance, Sanskrit became • Then there several tribal languages as well, popular in ancient India because of social such as Pauri, Korku, Haldi, Mavchi. domination by speakers of Sanskrit. Or English • In Assam, there is Moran, Tangsa, Aiton. has become popular because of colonial rule. • The Bo language in Andaman disappeared in • Economic Benefits: When a language becomes 2010 and the Majhi language in Sikkim useful in a marketplace, that language gains disappeared in 2015. greater currency. This makes mother tongues Degree of Endangerment to be restricted to very few domains. There will • According to UNESCO, any language that is be a change in the attitudes towards their spoken by less than 10,000 people is mother tongue. potentially endangered. ○ For instance, we in India speak one language at home, maybe another in

office, but when we go to the market we Reasons for languages getting endangered: might use neither. • A language disappears when its speakers ○ For example in Delhi, you might use disappear or when they shift to speaking Punjabi or Bengali at home, English in another language – most often, a larger the office, but in the marketplace, one language used by a more powerful group. tends to use the Hindi language. • Threat from External Sources: Languages are • Language Domination: English and other major threatened by external forces such as military, languages have become the language of economic, religious, cultural or educational knowledge and employability, as well as the

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primary language of the internet. The major earlier are chiefly considered to be content of the digital sphere is now in English, documented in this Government of India and, therefore, other languages have been scheme. marginalised. • Presently, 117 languages have been listed for the documentation. What happens when a language dies? • Documentation in the form of grammar, • When a language dies, its speakers decide to dictionary and ethno-linguistic profiles of about migrate. 500 lesser known languages are estimated to • They migrate to another language and then be accomplished in the coming years. they physically start migrating to another region. Suggestions: • Their traditional livelihood patterns go down. • The most important thing that can be done to They may have some special skills and that keep a language from disappearing is to create disappears. favourable conditions for its speakers to speak • A unique way of looking at the world the language and teach it to their children. disappears. Every language is a unique • This often requires national policies that worldview. recognize and protect minority languages, education systems that promote mother- What has the government been doing? tongue instruction, and creative collaboration SCHEME FOR PROTECTION AND PRESERVATION OF between community members and linguists to ENDANGERED LANGUAGES develop a writing system and introduce formal • The Government of India has initiated a instruction in the language. Scheme known as “Protection and Preservation • Since the most crucial factor is the attitude of of Endangered Languages of India”. the speaker community toward its own • It was instituted by Ministry of Education language, it is essential to create a social and (Government of India) in 2013. political environment that encourages • The sole objective of the Scheme is to multilingualism and respect for minority document and archive the country’s languages languages so that speaking such a language is that have become endangered or likely to be an asset rather than a liability. endangered in the near future. • Some languages now have so few speakers • The scheme is monitored by Central Institute that they cannot be maintained, but linguists of Indian Languages (CIIL) located in Mysuru, can, if the community so wishes, record as Karnataka. much of the language as possible so that it • The CIIL has collaborated with various does not disappear without a trace. universities and institutes across India for this • We need to create livelihood support for the mission. speakers of the language. • At the moment, the languages which are • If they have livelihood available within their spoken by less than 10,000 speakers or language, nobody would want to switch from languages which are not linguistically studied their language to any other language.

Mould your thought: • Why do languages disappear in India? What can be done to stop this trend?

Approach to the answer: • Introduction • Discuss the status of endangered languages in India • Write about the reasons for disappearing languages • Mention GoI efforts and other suggestions • Conclusion

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