Jatin Verma’s Current Affairs Magazine (November, 2019)

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Table of Content FOCUS ARTICLES 4 Cyber security in India 4 Prison Statistics India – 2017 Report & Prison Reforms 12 POLITY & GOVERNANCE 18 Ayodhya Verdict 18 Chief Justice of India’s office under RTI 22 Sabarimala Case 25 Recusal of Judges 27 Supreme Court Strikes Down Rules on Tribunal Postings 31 SC upholds disqualification of 17 Karnataka MLAs by speaker 34 New Map of India 35 SCHEMES/BILLS/ACTS 36 Draft Medical Devices (Safety, Effectiveness and Innovation) Bill, 2019 36 INTERNATIONAL DEVELOPMENTS 38 11th BRICS Summit 38 India-Germany Relations 42 Kalapani 46 India Signs Kartarpur Sahib Corridor Agreement With Pakistan 48 Nairobi Summit on ICPD 50 Bolivian crisis 51 Bhutan to levy charges on Indian tourists 52 ECONOMY 53 Real Estate Sector 53 Insolvency and Bankruptcy code 57 WTO on Export Subsidies 59 Diversion in Inflation Indices 62

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Draft voluntary vehicle scrappage policy 64 Surjit Bhalla Committee 65 Specialised Cadre on Supervision and Regulation 66 ENVIRONMENT & DISASTER MANAGEMENT 67 Coastal flooding in India 67 New Zealand’s Zero Carbon Law 71 NITI Aayog and CII Draft plan to improve air quality 73 ‘Wastelands Atlas’ – 2019 73 Chambal on eco-tourism map under Green Agriculture project 74 Geochemical Baseline Atlas of India 75 Integrated Irrigation Project for Climate Resilient Agriculture 76 India's first-ever snow leopard survey 76 SCO Joint Exercise on Urban Earthquake Search & Rescue (SCOJtEx)-2019 77 SOCIAL JUSTICE & DEVELOPMENT 78 Issue of MMR in India 78 Health of pregnant and nursing women- Jaccha-Baccha Survey 83 Parliamentary Standing Committee on Cancer care facilities 83 Learning Poverty 85 NCR Regional Plan 88 Road Accidents in India-2018 89 Water Quality in Major Indian Cities 89 SECURITY 91 Air Independent Propulsion (AIP) System 91 NATGRID 91 Tiger Triumph: India-U.S. Disaster relief exercise 92 SCIENCE & TECHNOLOGY 93 Guidelines for Evaluation of Nanopharmaceuticals in India 93 Long-standing conundrum on the Sun’s atmosphere solved 94 Winter-Grade Diesel 95

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DIVERSITY, ART & CULTURE 96 Lala Lajpat Rai (1865-1928) 96 Keeladi: Unearthing the 'Vaigai Valley' Civilisation of Sangam era 97 Sangam Literature Classification 99 TIPU SULTAN 99 PIB CORNER 102 Bhartiya Poshan Krishi Kosh 102 Harmonised System (HS) code for Khadi 103 ICEDASH & ATITHI for Custom Clearance 104 RSTV CORNER 105 India- Saudi Arabia Relations 105 Telecom Sector in India: Problems and Solutions 109 Merger of BSNL & MTNL 115 YOJANA- SANITATION FOR A HEALTHY SOCIETY 116 Sanitation economy and dignity of the sanitation workers 116 Gram Panchayats: Beyond ODF 119 Sustaining Behavioural Change 122 KURUKSHETRA - RURAL EDUCATION 124 Policy and Planning Towards Rural Education 124 TEACHER EDUCATION AND DEVELOPMENT IN RURAL INDIA 126 Map Based Questions 129

Note: Our magazine covers important current affairs from all the important sources referred by UPSC CSE aspirants- The Hindu, Indian Express, PIB, RSTV, LSTV, Economic & Political Weekly and Frontline magazine and other journals. Since we do not want to compromise on quality of facts & analysis, the magazine might run into some extra pages. We assure you that we have tried our best to make this magazine the “one stop solution” for your current affairs preparation for UPSC CSE 2020.

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FOCUS ARTICLES

Cyber security in India ● On October 28, The Nuclear Power Corporation of India Ltd (NPCIL) confirmed the breach by the malware. ● In an another incident WhatsApp sued the Israel-based NSO Group for the use of its ‘Pegasus’ spyware on thousands of WhatsApp users in the lead-up to the general elections in India.

What is cyberspace? ● It is a global domain within the information environment consisting of the interdependent network of information technology infrastructures, including the Internet, telecommunications networks, computer systems, and embedded processors and controllers. What is cyber security? ● The IT Act, 2000 defines “cyber-security” as the protection given to devices and information stored therein from “unauthorised access, use, disclosure, disruption, modification or destruction.” Evolution of cyber security

Cyber Security scenario in India ● India is now second only to China in terms of internet users, according to a report by Internet and Mobile Association of India (IAMAI). ● India was ranked among the top five countries to be affected by cybercrime, according to a report by online security firm”Symantec Corp”. ● India is at number 23 of the UN Global Cybersecurity Index. ● Cybercrimes in India almost doubled in 2017, according to statistics released by the National Crime Records Bureau (NCRB). Recent cyber-attacks in India: ● In 2010, India was the third worst-affected country by computer worm Stuxnet.

What are the types of cyber threats? 1. In India, cyber threats fall into two categories.

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a) A computer is used to attack another computer via hacking, virus attacks, DOS attack, and so on. b) The computer is used as a weapon to commit real world crimes like cyber terrorism, IPR violations, credit card frauds, EFT frauds, and pornography. Universally, there are broadly four kinds of cyber threats: ● Cyber Criminals: Seeking commercial gain from hacking banks & financial institutions as well a phishing scams & computer ransomware. ● Cyber terrorists: Mission to penetrate & attack critical assets, and national infrastructure for aims relating to political power & ‘branding’. ● Cyber espionage: Using stealthy It Malware to penetrate both corporate & military data servers in order to obtain plans and intelligence. ● Cyber hacktivists: Groups such as ‘Anonymous’ with political agendas that hack sites & servers to virally communicate the ‘message’ for specific campaigns.

What are the weapons used in cyber threats? ● Threats & Malware – Malicious software to disrupt computers ● Viruses, worms : Theft of Intellectual Property or Data ● Hactivism – Cyber protests that are socially or politically motivated ● Mobile Devices and applications and their associated Cyber Attacks ● Social Engineering – Entice Users to click on malicious links ● Spear Phishing – Deceptive Communications (e-mails, texts, tweets) ● Domain Name System (DNS) Attacks ● Router Security – Border Gateway Protocol (BGP) Hijacking ● Botnets, Denial of Service (DoS) – blocking access to websites

Government institutions and regulation for cybersecurity ● The National Technical Research Organisation is the main agency designed to protect national critical infrastructure and to handle all the cybersecurity incidents in critical sectors of the country. ● The Indian Computer Emergency Response Team (CERT-In) is responsible for incident responses including analysis, forecasts and alerts on cybersecurity issues and breaches. ● National Critical Information Infrastructure Protection Centre (NCIIPC) is an organisation of the Government of India created under Sec 70A of the Information Technology Act, 2000 (amended 2008). It is designated as the National Nodal Agency in respect of Critical Information Infrastructure Protection.

Legal framework for surveillance in India The laws governing surveillance in India are ● The Indian Telegraph Act, 1885, which deals with the interception of calls, and ● The Information Technology (IT) Act, 2000, which deals with interception of data. Also, under the IT Act, hacking is exclusively prohibited.

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Under both laws, only the government, under certain circumstances, is permitted to conduct surveillance, and not private actors. ✔ Section 43 and Section 66 of the IT Act cover the civil and criminal offences of data theft and hacking respectively. ✔ Section 66B covers punishment for dishonestly receiving stolen computer resource or communication. The punishment includes imprisonment for a term which may extend to three years. Supreme Court Guidelines regarding Surveillance laws ✔ In 1996, the Supreme Court noted that there was a lack of procedural safeguards in the Indian Telegraph Act. ✔ It laid down some guidelines that orders on interceptions of communication should only be issued by the Secretary in the Ministry of Home Affairs which were later codified into rules in 2007. ✔ Also, these rules were partly reflected in the IT (Procedures and Safeguards for Interception, Monitoring and Decryption of Information) Rules framed in 2009 under the IT Act. ● These guidelines have strengthened the Accountability mechanism for surveillance in India. For example, In December 2018, when the Central government authorized 10 Central agencies to conduct surveillance, it created a public out roar. The 2018 action of the Union government has been challenged in the Supreme Court. Concerns over burgeoning surveillance states ● In October 2019, the U.K.-based security firm Comparitech did a survey of 47 countries to see where governments are failing to protect the privacy or are creating surveillance states. ● They found that only five countries had “adequate safeguards” and most are actively conducting surveillance on citizens and sharing information about them. ● China and Russia featured as the top two worst offenders on the list. ● India ranks number three on the list because the data protection Bill is yet to take effect and due to absence of data protection authority in place.

The Dilemma: Privacy VS. The state’s requirements for security. ● The Supreme Court in a landmark decision in August, 2017 (Justice K. S. Puttaswamy (Retd.) and Anr. vs. Union of India and Others) unanimously upheld right to privacy as a fundamental right under Articles 14, 19 and 21 of the Constitution. ● In the same year, the government also constituted a Data Protection Committee under retired Justice B.N. Srikrishna that has submitted a draft data protection law in 2018 which Parliament is yet to enact. Though adequate safeguards remain to protect Privacy, Yet a grey area remains between privacy and the state’s requirements for security. Global References with respect to Surveillance vs. Privacy:

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The case of U.S.A ● After the 9/11 attacks in 2001, the USA PATRIOT (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism) Act was passed. ● Under certain provisions in this Act, the U.S. government used phone companies to collect information on millions of citizens as per the revelations made by the whistleblower Edward Snowden in 2013. ● Many aspects of the PATRIOT Act, particularly those involving surveillance, were to lapse after a certain time period but they were re-authorised by Congress. ● After re-authorisation, several rights groups argue that the Act violates the Constitution. There upon it is evident that the U.S. still struggles to find the balance between State Surveillance vs. Privacy.

● Information Technology Act, 2000 ✔ The Information Technology Act of India states that when a cyber crime has been committed, it has a global jurisdiction and a complaint can be filed at any cyber cell. ✔ The Act especially provides protection to Critical Information Infrastructure (CII) by prescribing punishment in the form of imprisonment for a term of up to 10 years. ❏ Amendments to the Information Technology (IT) Act, 2008:  Stringent changes have been done under Section 79 of the Information Technology (IT) that govern online content.  The changes will require online platforms to break end-to-end encryption in order to ascertain the origin of messages.  The social media platforms will need to comply with the central government “within 72 hours” of a query.  There should be a ‘Nodal person of Contact.for 24X7 coordination with law enforcement agencies and officers to ensure compliance”. The social media platforms will be keeping a vigil on “unlawful activity” for a period of “180 days”

The IT Act defines “critical information infrastructure” to be “the computer resource, incapacitation or destruction of which, shall have a debilitating impact on national security, economy, public health or safety” like power and energy, telecom sector etc.

● The National Cyber Security Policy, 2013 (NCSP): The objective of this policy in broad terms is to create a secure cyberspace ecosystem and strengthen the regulatory framework. ✔ A National and sectoral 24X7 mechanism has been envisaged to deal with cyber threats through National Critical Information Infrastructure Protection Centre (NCIIPC). ✔ A mechanism is proposed to be evolved for obtaining strategic information regarding threats to information and communication technology (ICT) infrastructure, creating scenarios of response, resolution and crisis management through effective predictive, prevention, response and recovery action. ✔ Creating a workforce of 500,000 professionals trained in cyber security in the next 5 years is also envisaged in the policy through skill development and training.

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✔ The policy plans to promote and launch a comprehensive national awareness programme on security of cyberspace. ● The B.N. Srikrishna Committee has recommended creating a data protection framework for India. ● RBI Meena Hemchandra Expert Panel on Information Technology and Cyber Security: The RBI has instructed banks to mandate cyber security preparedness for addressing all cyber risks at their end as well. ● National Strategy for Artificial Intelligence by NITI Aayog: NITI Aayog provided over 30 policy recommendations to invest in scientific research, by encouraging re skilling and training, accelerating the adoption of AI across the value chain, and promoting ethics, privacy, and security in AI. ● ‘Framework for enhancing security in cyberspace’ for cyber security in the Indian cyberspace, with the National Security Council Secretariat as nodal agency. ● Cyber Swachhta Kendra (Botnet Cleaning and Malware Analysis Centre) has been launched for providing detection of malicious programmes and free tools to remove such programmes. ● Cyber-Crime Prevention against Women & Children’ Scheme: Implemented by Ministry of Home Affairs, the scheme aims to prevent and reduce cyber crimes against women and children. ● TechSagar: The National Cyber Security Coordinator’s office in partnership with Data Security Council (DSCI) of India launched TechSagar –a consolidated and comprehensive repository of India’s cyber tech capabilities. ● Cert-In’s secureurpc.com: People can download scanners and run it on their computers to clean them of any malware.

Gulshan Rai Committee recommendations on Cybersecurity ● Establish a new Indian Cyber Crime Coordination Centre to check attempts of international gangs to penetrate Indian government official communication network. ● It would be linked to NATGRID and CCTNS (Crime and Criminal Tracking Network System) and branches in states to curb cybercrime.

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CCTNS aims to connect the police stations of the country to facilitate the collection, storage, retrieval, analysis, transfer and sharing of data and information at the police station and between the police station and the State Headquarters and the Central Police Organizations. ● Devise an advance application for Social Media Analytics to monitor social media platforms activities related to Ministries of Home, External Affairs, Defence and other government organisations. ● Reduce Government’s dependence on foreign servers and ensure one dedicated secure gateway for all government communication. A separate agency for online cyber crime registration, monitoring and integration of CCTNS data with the same. ● Amend the Evidence act to suit the current requirements and prosecute the cybercrimes ● Sensitise the states by setting up cyber forensic laboratories in states along with workshops and international cooperation.

Future Govt. Initiatives ● Tri-service agency for cyber warfare - It will have more than 1,000 experts who will be distributed into a number of formations of the Army, Navy and IAF. ✔ The new Defence Cyber Agency will have both offensive and defensive capacity. ● Changing purview of data privacy, security, cybercrime and related issues: These are currently under the purview of the IT ministry which may soon be overseen by the Telecom Regulatory Authority of India (TRAI) and the Telecom Commission (TC) because 93 percent of all such data is consumed on the telecom networks, like e-commerce. Loopholes in govt. policy ● Lack of privacy laws in India allow cyber criminals to misuse users’ data on social networks. In India, users who lost their data could do nothing. ● Digital and mobile payments: Inadequacy of the current legal frameworks to help and promote the Digital India vision by helping and promoting digital and mobile payments. Loopholes in the IT Act India does not have a dedicated cyber security law. The Information Technology Act, 2000, is not a cyber-security law, which is why breaches of cyber security continue to go unreported and there is no statutory elaboration of rights, duties, and responsibilities of stakeholders in this regard. ● A majority of cyber crimes are bailable offenses, which basically translates into inadequate deterrence to the offenders who violate the provisions of the law. ● The threat of data in the Cloud being lost: The Information Technology Act, 2000, have some provisions to deal with such cases of breaches of data on the Cloud, but they are only by way of compensation. ● Cyber criminals (often based outside the country) hack email accounts, websites and impose bogus profiles of celebrities across the web there's no straight legal route to book them. ● There are no distinct dedicated cyber crime courts whose only job would be to deal with cyber crime matters for expeditious disposal of cases.

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Loopholes in the National Cyber Security Policy, 2013 (NCSP) ● New technologies: The provisions to take care of security risks emanating due to use of new technologies e.g. Cloud Computing, has not been addressed. ● Use of social networking sites by criminals and anti-national elements: The policy does not address the issue. ● Missing tools to incorporate cyber crime tracking, cyber forensic capacity building and creation of a platform for sharing and analysis of information between public and private sectors on continuous basis. ● Creating a workforce of 500,000 professionals: There is no clarity whether this workforce will be trained to simply monitor the cyberspace or trained to acquire offensive as well as defensive cyber security skill sets. ● Safeguarding the privacy of citizen data: No specific strategy has been outlined to achieve this objective. Other Loopholes ● Cybersecurity standards and regulations for mobile applications and devices to tackle ransomware: The MEITY has not formulated a policy. ● Proposed cyber command Vs. Tri Service Agency: Indian Armed forces are in the process of establishing a cyber command for strengthening the cyber security of defence installations. It will be a parallel hierarchical structure which can result in the jurisdiction issues with the Tri-service agency. ● Offshore cybersecurity Threats: Over the years, Indians have been subject to several forms of cyber threats from overseas. However, India has not acceded to the Budapest Convention on Cybercrime.

The Convention on Cybercrime of the Council of Europe (CETS No.185), known as the Budapest Convention, is the only binding international instrument on this issue. It serves as a guideline for any country developing comprehensive national legislation against Cybercrime and as a framework for international cooperation between State Parties to this treaty. The Budapest Convention is supplemented by a Protocol on Xenophobia and Racism committed through computer systems.

Challenges for cyber security in India ● Technology & Fundamental Rights: Right to privacy – National security must not be used as a shield by either governments or private players to justify the violation of the right to privacy and right to life and liberty. ● Data deprivation: Since most search engines and social media platforms have no “permanent establishment” in India rather they are based in the US, law enforcement agencies do not get data access as the US laws bar US-based service providers from disclosing electronic communications. ✔ The bilateral mechanism of the India-US Mutual Legal Assistance Treaty is a bit outdated and does not seem to work. ● Policy challenges in ascribing responsibility in cases of financial breaches due to multiple stakeholders: Cyber security encompasses banks, telecom companies, financial service providers, technology platforms, social media platforms, e-commerce companies, and the government, so there is difficulty in role assignment. 10

● Untrained police: the conviction rate is low because policemen are not trained. ● Lack of people's awareness: People do not understand the ramifications of cyber security breaches and India lacks the culture of cyber security. ● Contracts awarded to Chinese companies for installation of supervisory control and data acquisition systems (SCADA) for power distribution: Cyber attacks on the electricity grid could have a debilitating impact on national security, governance, economy and social well-being of the nation.

SCADA is a computer based industrial automation control system that practically makes factories and utilities run on their own. In an electrical system, SCADA maintains balance between demand and supply. ● Chinese Mobiles: Chinese handset brands command more than half of India’s smartphone market share, and are often pre-loaded with bundled apps. In 2014, the Indian Air Force red-flagged the use of Chinese origin smartphones by its personnel and their family members due unencrypted transfer of user data to servers located in China. ● “Black Box Phenomenon” in AI: It is related to very little or no understanding of what happens in between AI and only the input data and results being the known factors due to developer’s emphasis being less on ethics. ● The ‘Internet of Things’ is a weak link : Often the IoT devices lack basic security features and rely upon default passwords that can give attackers easy access giving rise to botnets threats. ● Skills shortage: The dearth of skilled cybersecurity professionals continues to be a major problem for many organizations. There is inadequate research in academia. ● An understanding of the legal challenges unique to cyberspace: Crimes committed on the internet, throw up complex jurisdictional questions requiring cross-border cooperation between law enforcement agencies. Current solutions operate in silos. Way forward ● Handling cyber complaints: Various steps should be clarified to law enforcement agencies which they must follow upon receiving a complaint about a cyber-crime, and to obtain information for prosecution. ● Data protection regulation: Agencies should be familiarised with electronic evidence gathering processes, including the rules and regulations in place for accessing data and intermediary liability. ● Stringent regulations for multi-level checks on equipment imported for the domestic power distribution sector to prevent the electricity grid from cyber attacks. ● State Cybersecurity Framework should be envisaged in P-P-P Model. The govt. needs to have more interaction with the private sector. ● Establishment of the State CERT to operate in conjunction ICERT and coordinate with NCIIPC. ● Big Data Analytics can help companies that possess huge volumes of data to identify patterns of behavior and also the potential mistakes made in the corporate environment, which could have a detrimental impact on protection and preservation of cybersecurity. ● Govt. should take appropriate steps for enhancing awareness of citizens and small business for cybersecurity

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● Training manpower: There are three aspects to the entire IT security phenomenon: people, process and technology. The most important one is people because the other two depend on it. ● Promotion of research and development in cyber security. ● The customers also have a responsibility to maintain basic cyber hygiene by following practices and taking precautions to keep one’s sensitive information organized, safe and secure. They should also understand the security implications of using foreign origin smartphones with bundled, pre- installed apps.

Conclusion ● India’s approach with respect to the protection of its cyber assets thus far has been dictated by occurrences of cybersecurity incidents, particularly where the systems of the government have been impacted. ● A proactive, rather than a reactive approach, is the need of the hour.

Prison Statistics India – 2017 Report & Prison Reforms

“Every Saint Has A Past; Every Sinner Has A Future” – Oscar Wilde With an average occupancy rate of 115% of their capacity, Indian jails continue to remain congested and overcrowded, numbers in the National Crime Records Bureau’s “Prison Statistics India – 2017” report has revealed.

Background ● Prison is a State subject under List-II of the Seventh Schedule of the Constitution. However, the Ministry of Home Affairs provides regular guidance and advice to States and UTs on various issues concerning prisons and prison inmates.

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● Article 21: All the rights such as the right to health, right to food, right to shelter, right to bail, right to speedy trial, right to free legal aid, right against custodial violence and death in police lock-ups or encounters, have been included under it. ● Article 20 prohibits double jeopardy, that is, no person should be convicted for the same offence twice. Secondly, it prohibits self-incrimination, that is, no one can be compelled to be a witness against himself. ● Article 22: No person who is arrested shall be detained in custody without being informed of the grounds for such arrest. It provides that a person must be produced before a magistrate within 24 hours of his arrest and must be provided with a counsel of his own choice.

Legislations for prisons ● The management and administration of Prisons is governed by the Prisons Act, 1894 and the Prison Manuals of the respective State Governments. ✔ The Prisons Act, 1894 enacted for the functioning of the prisons, provides certain statutory rights to the prisoners. ● Legal service Authority Act, 1987: According to the law, a person in custody is entitled to free legal aid. India’s International Obligations ● The International Covenant on Civil and Political Rights (ICCPR): It is the core international treaty on the protection of the rights of prisoners. ● International Covenant on Economic, Social and Cultural Rights (ICESCR): It acknowledges that the prisoners have a right to the highest attainable standard of physical and mental health. ● United Nations Standard Minimum Rules for the Treatment of Prisoners or Nelson Mandela Rules: Prisoners must be treated with respect for their human rights and dignity.

Key findings of the “Prison Statistics India – 2017” report Under trials ● More than 68% of those incarcerated were undertrials, indicating that a majority were poor and were unable to execute bail bonds or provide sureties.

Types of prisoners in India ● Convict: a person found guilty of a crime and sentenced by a court. ● Under-trial: a person who is currently on trial in a court of law ● Detainee: any person held in custody.

Overcrowding ● The nationwide occupancy rate in jails at the end of 2017 was 115.1 percent. From 2014 to 2016, this figure had seen a marginal dip from 117.4 percent to 113.7 percent. However, data shows that overcrowding in prisons has increased in 2017.

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● Among various categories of jails, the highest rate of overcrowding — 128.9% — was found in district jails.

What are the different kinds of jails in India? ● Central jail- Here prisoners are sentenced to imprisonment for more than 2 years and such jails have larger capacity in comparison to other jails. ● District jail- These are the institutions meant for confining persons sentenced to undergo imprisonment up to 6 months besides Remand / Under Trial prisoners. ● Women's Jail- It exclusively house women prisoners. ● Borstal School- This is the institution meant for housing adolescent offenders between the age of 18 – 21. ● Open jail- Here prisoners with good behaviour are housed satisfying certain norms ● Special Jails- It keeps offenders and prisoners who are convicted of terrorism, insurgency and violent crimes.

Staffing ● On average, only 68.8 percent sanctioned posts were filled at the end of 2017. Justice delayed ● For IPC crimes, police are supposed to file a charge sheet within 90 days. But data show that in certain cases such as rioting, which includes communal riots, police delayed the filing of charge sheet in 60% of the cases. ● The report says in more than 40% of cases with fast-track courts, these courts have taken more than three years to finish the trial.

What are the shortcomings of the report? ● Absence of information on the quality and impact of reformation programmes: It is essential for ensuring successful reintegration of prisoners and provide those serving life-term imprisonment (52.6% of all convicts) an opportunity to reform. ● No offence-wise data on under trials and convicts.

Issues with prisons in India ● Overcrowding: Overcrowding is “one of the biggest problems faced by prison inmates”. It “results in poor hygiene, lack of sleep etc. ● Minority community: In comparison to their percentage in the total population, Adivasis, Christians, Dalits, Muslims, and Sikhs are all well over-represented in Indian prisons. ● Under-trials–The share of the prison population awaiting trial or sentencing in India is extremely high by international standards; for example, it is 11% in the UK, 20% in the US and 29% in France. ● Lack of legal aid: A majority of the inmates do not have financial resources or support outside to access help. Legal aid is not easily available as lawyers enlisted by the State for this are paid poorly. ● Shortage of staff: In the absence of adequate prison staff, overcrowding of prisons leads to rampant violence and other criminal activities inside the jails. The Model Prison Manual circulated by the Government of India in 2003 provides for the prison staff-inmate ratio of 1:6.

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● Torture and Sexual abuse: Beatings and torture to extract information or confessions are standard. Sexual abuse of inmates is rampant. ● Custodial deaths: India saw a total of 100 deaths in police custody in the year 2017. Suicide is the biggest reason for custodial deaths in India. Only three policemen were eventually convicted for their crimes. ● The National Human Rights Commission had issued guidelines in 1993 making it mandatory for the police to report any case of custodial death or rape within 24 hours to the commission and set up an enquiry. ● Underpaid labor - Convicted prisoners get paid for doing work inside the jail, which can be voluntarily or part of their punishment. Convicts are paid as little as Rs 12 to Rs 15 per day. ✔ Recently, High Court directed Tihar Jail authorities to keep in “abeyance” the practice of deducting 25% salary of prisoners for a fund created for the welfare of the victims of their crimes or their legal heirs ✔ In 2008, the CrPC was amended with a new Section, 357A, which stipulated that every state should prepare a scheme for compensating crime victims and their dependents. ● Discrimination: Due to rampant corruption in the prison system, those who can afford to bribe, often enjoy luxuries in prison. While poor prisoners are deprived of basic human dignity. ● Inadequate security measures: Poor security measures and prison management often leads to violence among inmates and resultant injury and in some cases death. ● Health: In prison the problem of overcrowding, poor sanitary facilities, lack of physical and mental activities, lack of decent health care, increase the likelihood of health problems. Further, mental health care has negligible focus in Indian prisons. ● Women prisoners: They face poor nutritional intake, poor health and lack of basic sanitation. Hygiene and custodial rapes which generally go unreported. Also there is also issue of children living in prisons merely because their mothers are convicts. ● Recidivism: It is the tendency of a convict to once again commit a crime after release from prison. India’s recidivism rate is only three percent, which, compared to other countries, is low; however, recidivism still continues to pose a challenge. ✔ A system of holding undertrials for too long without a just trial process in overcrowded prisons that suffer problems of hygiene, management and discipline, is one that is ripe for recidivism. ● Prisoners’ Right to Vote: Prisoners are denied their right to franchise based on Section 62(5) of the Representation of Peoples Act, 1951. ✔ Article 21 of the Universal Declaration of Human Rights (UDHR) provides that everyone has the right to take part in the government of their country, directly or through freely chosen representatives. Supreme Court Guidelines & Directions ● Maneka Gandhi vs. Union of India (1978): The SC broadened the scope of ‘life’ under Article 21 and held that any procedure made by the State must be just and reasonable. ● Sheela Barse vs. State of Maharashtra (1983): The Supreme Court issued certain directions namely: ✔ That interrogation of females should be carried out only in the presence of female police officers/constables. ✔ Whenever a person is arrested by the police without warrant, he must be immediately informed of the grounds of his arrest and in case of every arrest it must immediately be made known to the arrested person that he is entitled to apply for bail. 15

✔ That whenever a person is arrested by the police and taken to the police lock up, the police will immediately give an intimation of the fact of such arrest to the nearest Legal Aid Committee. ✔ The State Government will provide necessary funds to the concerned Legal Aid Committee for carrying out this direction. ● Hussainara Khatoon v. State of Bihar: In this case, the Supreme Court upheld that the prisoners should get benefit of free legal aid and fast hearing. ● Open Jail: The Supreme Court asked states to establish an open prison in each district based on a 2017 report that detailed the success of Rajasthan’s open jail system. ● The Supreme Court in 2018 formed a Committee on Prison Reforms chaired by Justice Amitava Roy, to examine the various problems plaguing prisons in the country, from overcrowding to lack of legal advice to convicts to issues of remission and parole. Other Important Recommendations ● The Law Commission of India - 268th report ✔ It highlighted the inconsistencies in the bail system as one of the key reasons for overcrowding in prisons. ✔ For those who have spent the whole period as undertrials, the period undergone should be considered for remission. ● Recommendation of Mulla Committee, 1983 ✔ The setting up of a National Prison Commission to oversee the modernization of the prisons in India. ✔ Putting a ban on clubbing together juvenile offenders with hardened criminals in prison ✔ Segregation of mentally ill prisoners to a mental asylum. ✔ Lodging of under trial in jails should be reduced to bare minimum and they should be kept separate from convicted prisoners. ● Krishna Iyer Committee, (1987) was mandated to study the condition of women prisoners in the country, recommended induction of more women in the police force in view of their special role in tackling women and child offenders. Govt. steps for prison reforms ● Modernization of Prisons scheme: It was launched by the Home Ministry in 2002-03 for construction of additional jails to reduce overcrowding, repair and renovation of existing jails, improvement in sanitation and water supply and better living accommodation for prison staff. ● Fast track courts: To ease pressure on jails, the Home Ministry has given approval for creation of 1,562 Fast Track Courts.

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● Insertion of a new section in the CrPC ● System of plea bargaining has also been introduced where an accused would be entitled to a reduced sentence if he admits to the crime and agrees to compensate the victim. ● The National Legal Services authority: It launched a web application for facilitating the under trial prisoners for providing them free legal services. ● E-Prisons Project: The E-prisons project supplements the Prisoner Information Management system (PIMS provides a centralized approach for recording and managing prisoner information and generating different kinds of reports. ● Model Prison Manual 2016: It has a dedicated chapter on Legal Aid, provides detailed information about the legal services available to prison inmates and also free legal services available to them. ● Draft National Policy on Prison Reforms and Correctional Administration: Its features include amending the constitution to include principles of prison management and treatment of under trials under DPSP; and including prisons in concurrent list. Way Forward ● Open prisons: Not only do these prisons present an early opportunity for prisoners’ reform and rehabilitation back into society, they also cost less in terms of money and staff, ● Financial penalty may be more effective than a prison sentence: Public naming and shaming, hefty fines and bans on certain forms of professional practice are more likely to deter white-collar offending than prison. ● The 1894 Prison Act, being very old, needs to be replaced with a new Prison Act and the NHRC should prepare a draft Bill. ● Prison Manuals also require amendments with a human rights perspective. ● A separate Prison and Correctional Services Cadre should be set-up. ● Promulgate and notify the rights of prisoners in the form of a Charter in multiple languages. ● Digilatise prisoners' activities and details of all prisoners should be made available on the website of the concerned jail. ● The bail, parole and farlo, should be made more liberalized. ● Probation and community services should be exercised by the judiciary as a form of punishment to maximum number of offenders. ● All Central Prisons should have the necessary medical equipment and tele-medicine system should be introduced to address the shortage of doctors. ● Environmental friendly devices like solar energy, bio-gas, water harvesting should be set-up to reduce burden on the resources in jails. ● Provide effective grievance redressal system. ● Sanitation and potable drinking water facilities should be improved. ● Skill development and capacity building for prisoners must be given high priority for which public- private partnership model must be exercised. Incarceration in any form is uncivilised, especially when it is so long-drawn-out, and when the objective of criminal punishment should be one of reforms rather than wreaking vengeance on a perpetrator of crime.

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POLITY & GOVERNANCE

Ayodhya Verdict

In a landmark judgment the 5-judge bench of the SC has put an end to the longest and most contentious political and socio-religious battle in the history of India.

Ayodhya Verdict (9th November 2019) ● The court has held that the 2.77-acre disputed land in Ayodhya shall be handed over for the construction of Ram Mandir and at the same time an alternative 5-acre land in a prominent place in Ayodhya be allotted for the construction of a mosque. ● The Temple - Accordingly, now the onus is on the Central Government to constitute a trust within 3 months and hand over the disputed site to the trust. ● The Mosque -The court also highlighted that the desecration of the mosque in 1949 and its demolition in 1992 amounted to dispossessing the Muslims of the mosque and should not have occurred in a secular nation like India.

Use of Article 142: Under Article 142 the Supreme Court may pass such decree or make such order as is necessary for doing complete justice. ● Why used Article 142: Taking note of the injustice done to Muslims through dispossession of the mosque, the SC has invoked the use of Article 142. ● How Article 142 used: The court provided for an alternative site of 5 acre for construction of mosque and directed (under Article 142) the central and state governments to make arrangements for land for this purpose.

Criticism of the use of Article 142 in the judgement - The Supreme Court’s judgment in the title suit is by no means the “complete justice” that the powers under Article 142 are required to be used for. It is at best, “incomplete justice” or, at worst, “complete injustice” as it was a victory of faith over facts.

Timeline

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Arguments Against the Verdict ● Breach of the secular character of the State: The Supreme Court’s direction to the Central government to set up a trust to facilitate the construction of a temple would amount to a breach of the secular character of the State.

S.R. Bommai case of 1994 ● The judgement clearly said the State should be divorced from religion. ● The Bommai judgment said the concept of State is neither pro-particular religion nor anti- particular religion. ● It stands aloof, in other words maintains neutrality in matters of religion and provides equal protection to all religions.

● Absence of equity: The judgement acknowledges that namaz was offered at the mosque between 1857 and 1949, and declares that Muslims did not abandon it, but offers no relief even though their religious rights stand proved. ● A preponderance of probabilities - Since the evidence from various sources including archaeology (ASI), textual sources (Ram Charit Manas, Ain-e-Akbari) etc. the claim of the Hindu plaintiffs to the disputed property stands on a better footing. ● A court weighs the available evidence and determines which of the competing claims is more likely to be true. The Ayodhya judgment applies this standard. ● But the Supreme Court’s conclusion that the balance of probabilities was tilted in favor of the Hindu parties, despite the vast swathes of both documentary and testamentary proof that it cites, is shallow. ● Justice not done: If the court believed that there has been injustice with Muslims in 1949 and 1992, it could quite easily have ordered a reinstitution of the status quo that prevailed before those events. ● Favoring the strong: The justification that the judgment as an exercise of pragmatism aims to ensure peace is disturbing. There is a crucial distinction between resolving a dispute on the basis of principle, and achieving peace simply by endorsing the existing balance of power or by not provoking the strong.

Brown v. Board of Education of Topeka, U.S.(1954) - It was a landmark decision of the U.S. Supreme Court in which the Court ruled that American state laws establishing racial segregation in public schools are unconstitutional, even if the segregated schools are otherwise equal in quality.

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Arguments in Favour ● Good for social harmony: In allowing a temple to come up through a government-appointed trust at the disputed site in Ayodhya, the Supreme Court has apparently chosen a path most conducive to social harmony and closure to a long debate as the judgment is not a sign of victory for any community. ● Secularism protected: The SC has questioned two incidents that represented an onslaught on the psyche of secular India: the desecration of the masjid in 1949 and the planned destruction of the whole structure in 1992. ● The judgement is also in line with the Places of Worship (Special Provision) Act,1991, as the act exempt the disputed site at Ayodhya.

Places of Worship Act,1991 The central thrust of the law is that the nature of a place of worship — church, mosque, temple, etc. — will continue to be as it was on 15 August 1947. The law exempts the disputed site at Ayodhya.

Why Ayodhya site exempted? Because it was the subject of prolonged litigation. It was also aimed at providing scope for a possible negotiated settlement.

Objective of the Act The aim of the Act was to freeze the status of any place of worship as it existed on August 15, 1947. It was also to provide for the maintenance of the religious character of such a place of worship as on that day.

Main features of the act Two purposes the law seeks to fulfil. ● First, it prohibits the conversion of any place of worship. In doing so, it speaks to the future by mandating that the character of a place of public worship shall not be altered. ● The second aspect, the law seeks to impose a positive obligation to maintain the religious character of every place of worship as it existed on 15 August 1947 when India achieved independence from colonial rule.

Reference of the act in the Ayodhya judgment In the verdict, the Supreme Court commended the enactment as one that preserved the constitutional value of secularism by not permitting the status of a place of worship to be changed.

● The court held that the Centre is already empowered under the Acquisition of Certain Area at Ayodhya Act, 1993 to vest the disputed land in a trust or authority. Hence, there is no breach of the spirit of secularism. ● Unanimity among judges: What is most welcome about the verdict is its unanimity. It sends out a message that the judiciary has, with a single mind, ventured to give legal burial to a prolonged dispute. ● Compensation to Muslim litigants: To compensate the Muslim litigants, the court has asked for the allotment of a five-acre plot of land elsewhere in Ayodhya that may be used for building a new mosque. ● Dealt with both property dispute and religious violence: The Court could have decided the case as a property dispute, leaving the events of 1992 to be adjudicated on other forums. Or, it could have acknowledged that property rights had become inseparable from the question of justice. Instead, the Court tried to do both. ● There are two possible ways in which the Supreme Court’s judgment may be defended for its ‘statesmanship.’ 20

✔ One, the court used its powers under Article 142 of the Constitution to deliver “complete justice”. ✔ The court acted “pragmatically” to bring about closure to a festering dispute in a manner that would allow the country to move on.

Several positives for the Muslim litigants

The several positive findings and observations of the court that must be welcomed and appreciated, which will help us retain our otherwise shaken confidence in the majesty of law. ● Secularism is part of the basic structure of the Constitution and that the Places of Worship Act, 1991, protects and secures fundamental values of the Constitution. ● Article 25: On the topic of freedom of religion under Article 25, the court highlighted the need to firmly reject any attempt to lead the court to interpret religious doctrine in an absolute and extreme form and question the faith of worshippers. ● On a jurist person: The court accepted the Sunni Waqf Board’s plea that the place of Lord Ram’s birth is not in itself a juristic person. This will avoid several future religious conflicts. The court said that conferral of such a right will impinge on the rights of people of other faiths.

Arguments given by the court with respect to a juristic person ● The Supreme Court held that the god or ‘Supreme Being’ may be omnipresent, omniscient and omnipotent but has no juristic personality, but an idol, worshipped by believers as a physical incarnation of God, is a juristic personality. ● To provide courts with a conceptual framework within which they could analyze and practically adjudicate upon disputes involving competing claims over endowed properties, the SC recognized legal personality of the Hindu idol. ● This laid the apex court to allow the Hindu community to construct Ram temple on the disputed site in the judgement.

● A title cannot be decided solely on the basis of faith or archaeological findings: The court held that the ASI report highlights the presence of remnants of a 12th century non-Islamic structure on the disputed site. But the report fails to prove that Mosque was constructed by demolishing the temple. ● Evidence can go wrong: The title of property cannot be decided on the basis of travelers’ accounts was also accepted and the court rightly said that some portions of these accounts (including one by the 18th-century Austrian , Joseph Tiefenthaler) were based on rumors.

What lies Ahead ● There would be a real sense of justice only if those who plotted and executed the demolition are convicted in the ongoing trial in . ● Muslim litigants under the aegis of All India Muslim Personal Law Board (AIMPLB) and other organizations had announced that they would file review petitions against the verdict. ● A law must be enacted to provide that when any place of worship is damaged or destroyed in communal violence, the government should take the responsibility of repairing, reconstructing and even rebuilding such places of worship.

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Comparing Sabarimala and Ayodhya verdict

Sabarimala order Inconsistent with the Babri judgment: The Sabarimala reference order is inconsistent with the Babri judgment. 1. Essential religious practices: ● In the Babri case, SC, while accepting the Hindu belief of the birth of Lord Ram at the disputed site, did not ask whether the belief about Lord Rama's birth was an essential practice of the Hindu religion. ● However, the practice of excluding women from the temple at Sabarimala is not an essential religious practice as per SC order in the Sabarimala case. 2. Over status of temple or mosque: ● While rejecting the extreme plea of Sabarimala not being a Hindu temple as people of other faiths too worship there, the SC in Sabarimala reference order has observed that a church remains a church despite people of different faiths visiting it. ● However, the primary reason to deny possession to the Sunni Waqf Board was its failure to prove that Muslims were exclusively praying in the inner courtyard of the Babri Masjid from 1528 to 1856.

Conclusion ● In this verdict as an arbiter of the constitution, the apex court has upheld the secular ethos of our constitution and set an example as to how in a pluralistic society like India it is the constitution that serves as a guiding light to peaceful coexistence of all citizens. ● The consequences of judgment, in the medium and long-term future, are impossible to predict. The application of dominant public sentiment by the court has been on the basis that the strict application of law and justice must give way to the interests of peace.

Chief Justice of India’s office under RTI

The Supreme Court ruled that the office of the Chief Justice of India (CJI) is a public authority under the Right to Information (RTI) Act. A five-judge Constitution Bench headed by Chief Justice Ranjan Gogoi, upheld a Delhi High Court ruling of 2010. Chronology of events

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The issue before the court ● The judgment pertained to three cases based on requests for information, all of which eventually reached the Supreme Court. ● In one of these, RTI application had asked whether all Supreme Court judges had declared their assets and liabilities to the CJI following a resolution passed in 1997. ● While the CPIO of the Supreme Court said the office of the CJI was not a public authority under the RTI Act, the matter reached the Chief Information Commissioner (CIC), which in 2009 directed disclosure of information. ● The Supreme Court approached the Delhi High Court against the CIC order. High Court held that the office of the Chief Justice of India is a public authority under the RTI Act and is covered by its provisions. ● The Supreme Court then approached a larger Bench of the Delhi High Court, which passed its judgment in 2010 holding that the judgment was “both proper and valid and needs no interference”. ● SC plea to SC, about SC: The Supreme Court in 2010 petitioned itself challenging the Delhi High Court order. The matter was placed before a Division Bench, which decided that it should be heard by a Constitution Bench. CJI Gogoi last year constituted the Bench, which pronounced its judgment recently.

Key Highlights of the Judgment CJI under the definition of public authority The offices of CJI and judges (in views of Article 124 of the Constitution) and CJs of the HCs is a part of ‘public authority’ under Section 2 (h) of the RTI Act 2005 and thus liable to disclose information relating to its organization and functioning including appointments of judges and financial information. Public authorities under Section 2 h of the RTI Act includes the following; 1. Authorities established under the Constitution. 2. Authorities established under any law, Union or State. (except CBI) 3. Authorities established under ‘executive resolution’. 4. Any Body controlled or substantially funded by the government. (NGOs)

Conditions that the judgement imposed However, the right to information is subject to certain conditions. 1. Right to information is subject to public interest: Information shall be disclosed under RTI subject to public interest test. The public interest test would include ● Motive and purpose of the seeker of information. ● Judicial independence shall be one of the key factors to be applied but on a case to case basis. a) However, it does not mean that judicial independence is achieved only by denial of access to information. In some cases, judicial independence may be achieved by ensuring transparency. b) Besides, public interest in disclosure of information should outweigh the possible ‘harm’ and injury to 3rd party. This observation is in line with Section 11(1) of the RTI according to which the PIO shall factor in effect on 3rd party in disclosing some confidential information.

2. Doctrine of proportionality

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● The information sought to be disclosed shall strike a balance between right to privacy and right to information. ● In this context, disclosure of judges’ assets does not constitute personal information and cannot be exempted from RTI as judges enjoy a constitutional post and discharge public duty.

3. Judicial Appointments: Distinction between input and output ● In the context of information relating to judicial appointments a distinction between input and output is to be made. ● While the output is the final outcome of the collegium resolution, input relates to collegium deliberation. ● Thus, in short while information relating to output may be disclosed, for information on input especially collegiums deliberations, public interest test is to be applied.

Some issues with the judgment 1. Public interest test: What constitutes public interest is not defined clearly except a list given by the judges which is not exhaustive. This leaves scope for withholding of information citing that the disclosure of information does not pass the ‘public interest’ test 2. Motive and Purpose: Further according to Section 6(2) of the RTI Act, the motive of the seeker of information is not a relevant consideration while considering the application. However, the judgment provides ‘motive’ and ‘purpose’ as a factor in the ‘public interest’ test. 3. Doctrine of proportionality: Currently RTI as applicable to any other authority is not subject to proportionality test between right to privacy and right to information. Thus, there is no reason why in case of judiciary it shall be applied. Besides other institutions may start demanding this principle be applied in their case also leading to overall dilution of the act itself. 4. Input-Output distinction: As pointed out one of the main reasons for RTI to be applied for Judiciary is to seek information relating to collegiums deliberations. By categorizing it as ‘input’ and hence subjecting it to ‘public interest’ leaves scope for withholding of information. Arguments in favor of judgement Definition of public authority ● According to Section 2 h of the RTI Act, public authority includes among other things authorities established under the Constitution. ● The SC judges including CJI is a body established under Article 124 of the constitution and thus should constitute ‘public authority’.

Collegium ● India has a unique system of judge’s appointment in which judges themselves appoint judges. While the Parliament had passed the NJAC act it was struck down by SC in 2015. ● In such a case of secrecy, it is desirable that at least the information relating to deliberations in the collegium is put in the public domain in to gain public trust in the process.

Arguments against CJI within the ambit of RTI Compromise with Judicial Independence

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● In accordance with Article 145, the Supreme Court with the approval of the President, make rules for regulating generally the practice and procedure of the Court. Accordingly, the Supreme Court has its own set of rules that govern the access to information. Thus, given the independence of the judiciary it is said that the Supreme Court Rules should precede RTI provisions.

However, Article 145 is subject to the provisions of any law made by Parliament and thus applicability of RTI is valid. Conclusion: By identifying office of CJI as public authority SC has opened the doors for information especially in matters such as disclosure of assets. However, ‘public interest’, ‘doctrine of proportionality’ and ‘input-output’ distinction should not be leveraged to keep collegiums deliberations in secret, notwithstanding the importance of Judicial Independence which is the basic structure of our constitution.

Sabarimala Case

The Supreme Court in a majority verdict of 3:2 has deferred its decision on review of 2018 Sabarimala verdict until a larger Bench (7 judges) examines broader issues such as essentiality of religious practices and constitutional morality. Sabarimala judgement (Indian Young Lawyers Association & Others vs The State of Kerala & Others) ● The 2018 verdict had held unconstitutional the practice of barring women of menstrual age from entering the temple. ● The five-judge constitution bench, in its 4:1 verdict, said banning the entry of women into the shrine is gender discrimination and the practice violates the rights of Hindu women. It said religion is a way of life basically to link life with divinity. ● Justice Malhotra, in her dissenting judgement, said that issues which have deep religious connotation should not be tinkered with to maintain a secular atmosphere in the country.

Essential Religious Practices: The Supreme Court has relied upon a particular jurisprudence that it has carved itself to determine what manners of rituals and beliefs deserve special constitutional protection. Constitutional morality: Constitutional morality involves adherence to noble principles enshrined in the Constitution. In most cases, constitutional morality strives for emancipation and empowerment of individual as observed in Articles 19, 25 and sometimes to protect collective rights as seen in Article 26,29.

Views in Support of Women Entry ● Against Articles 14, 15, 19, and 25 of the Indian constitution - Preventing women from entering the places of worship goes against above articles, which deal with the right to equality, the right against discrimination based on gender, freedom of movement and freedom of religion. ● Article 26 - Right to manage its own religious affairs under Article 26(1) cannot override the right to practice religion itself, as Article 26 cannot be seen to overrule the right to practice one’s religion as guaranteed under the Constitution of India.

Article 26 vs. Article 14 ● Article 26 - Freedom to manage religious affairs subject to public order, morality and health, every religious denomination or any section thereof shall have the right. 25

● Article 14 - Equality before the law. The State shall not deny any person equality before the law or the equal protection of the laws within the territory of India. There is a prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. ● The majority in judgment has stated that the right to equality would prevail over right to practice.

● imposing patriarchy: Often the restrictions the entry of women into places of worship is one of the. are based on patriarchy and not religion. ● Compromising on Right to equality:Banning entry to the temple subverts the idea that everyone has equal rights to worship God. ● Similar case - In April 2016, the Shani Shingnapur temple, which had barred women from entering its core area for over 400 years, allowed women to pray inside the temple following the court’s orders.

Views against Women Entry ● Celibacy of deity not a form of Discrimination - Referring to the presiding deity Lord Ayyappa as a Naishtika Bramhachari, many point out that it is the celibate nature of the deity that forms the basis of the practice and not misogyny. ● Consequently,Sabarimala is a separate religious cult with its own rules(Article 26). ● Application of Article 15 of the Constitution excludes religious institutions.Article 15(2) provides citizens with the right to access to places such as hotels, shops and so on but nowhere does it mention public temples. ● Similarly, article 25(2) deals only with secular aspects and social issues, not gender or religious-based issues.

Some Important Supreme Court Judgments on the Essence of Religion ● In 2004, Ananda Marga case , the Supreme Court held that the public performance of the Tandava dance was not an essential part of the religion of the Ananda Marga sect, though it has been specifically laid down as such in their religious literature. ● In Shirur Mutt case, the Supreme Court observed that a “religious denomination or organization enjoys complete autonomy in the matter of deciding as to what rites and ceremonies are essential and no outside authority has any jurisdiction to interfere with their decision”. ❏ Parallely, the court also stated that the state can legitimately regulate religious practices when they “run counter to public order, health and morality”.

Protests after Sabarimala Verdict of the Supreme Court Consequently,the SC verdict led to protests when the temple was opened for the first time since the Supreme Court verdict came. Even though some women of menstruating age tried to enter the temple they were not allowed by the Police force after the protests turned violent. Organizations like Sabarimala Karma Samithi called for a state-wide Hartal. Along with this,campaigns like Ready to Wait, Happy to Bleed were launched against and in favor of the verdict.

Key questions raised ● Constitutional morality: The court said ‘morality’ or ‘constitutional morality’ has not been defined in the Constitution. Is it overarching morality in reference to preamble or limited to religious beliefs or faith? There is a need to delineate the contours of that expression, lest it becomes subjective.

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● Essential religious practices: The extent to which the court can inquire into the issue of a particular practice is an integral part of the religion or religious practice of a particular religious denomination or should that be left exclusively to be determined by the head of the section of the religious group, is an aspect the court wants a larger Bench to settle. ● PIL by litigants belonging to other religious denomination: Whether the courts can allow public interest litigation in matters calling into question religious practices of a denomination or a section thereof at the instance of persons who do not belong to such religious denomination? Justice Malhotra, in her dissent in the 2018 verdict, had questioned the standing of an NGO that filed the PIL.

Comparing Sabarimala and Ayodhya verdict

Sabarimala order Inconsistent with the Babri judgment: The Sabarimala reference order is inconsistent with the Babri judgment. ● Essential religious practices: ✔ In the Babri case, SC, while accepting the Hindu belief of the birth of Lord Ram at the disputed site, did not ask whether the belief about Lord Rama's birth was an essential practice of the Hindu religion. ✔ However, the practice of excluding women from the temple at Sabarimala is not an essential religious practice as per SC order in the Sabarimala case. ● Over status of temple or mosque: ✔ While rejecting the extreme plea of Sabarimala not being a Hindu temple as people of other faiths too worship there, the SC in Sabarimala reference order has observed that a church remains a church despite people of different faiths visiting it. ✔ However, the primary reason to deny possession to the Sunni Waqf Board was its failure to prove that Muslims were exclusively praying in the inner courtyard of the Babri Masjid from 1528 to 1856.

Way ahead ● The Sabarimala review has been referred to a seven-judge Bench of the Supreme Court. This will give a ray of hope for those who are planning to seek a review of the court’s Babri judgment (November 9). ● The cases above suggest that the judiciary has styled itself as a reformer of religions with its own idea of rationality and morality. ● The concept of providing constitutional protection only to those elements of religion, which courts consider “essential” is problematic. ● Such an approach assumes that one element or practice of religion is independent of the others also that while some practices are central to a religion, others are merely incidental.

Conclusion The 7-judge bench that is going to hear the review petitions on its 2018 judgement needs to take all the factors in to consideration to make the judgement both good in law (addressing gender discrimination) and pragmatic(implementable).

Recusal of Judges

The Constitution Bench of the Supreme Court decided that Justice Arun Mishra need not be recused from a bench to decide a matter on which he has given a judgment earlier. 27

● The case that Justice Mishra is hearing as part of a five-judge Constitution bench pertains to the land acquisition law. ● There were demands for his recusal as Justice Mishra would be judging his own earlier judgment.

● Recusal is "removal of oneself as a judge or policy maker in a particular matter, especially because of a conflict of interest.” ● The basic principle of judicial conduct: In taking the oath of office, judges, both of the Supreme Court and high courts, promise to perform their duties, to deliver justice, “without fear or favor, affection or ill-will”. ● Duty to act fairly and impartially is ingrained in articles 14 and 21 of the constitution. ● Previous cases of recusals:  In Bhima Koregaon case there was recusal by several Supreme Court judges from hearing the appeal filed by rights activist Gautam Navlakha to quash the FIR against him.  Ayodhya case: Justice U.U. Lalit recused himself from hearing the dispute over land in Ayodhya after being pointed out that the judge had appeared for former Uttar Pradesh Chief Minister Kalyan Singh in a related contest. Constitutional provisions: ● The right to recuse has been left on the discretion of the judges. ● The right to a fair hearing is at the heart of the rule of law. ● Article 14 guarantees to all persons equality before the law and equal protection of the laws. ● Article 21 confers on every person the fundamental right to life and personal liberty. It is the most fundamental of human rights What would happen should all the judges of the Supreme Court decide to recuse from a matter? ● Under Article 128 of the Constitution, the Chief Justice, with the consent of the President, can appoint a retired judge of the Supreme Court or a High Court to sit in and act as a judge. ● Unlike Article 127, which allows the Chief Justice to appoint a High Court judge as an ad hoc judge when there is no quorum in the Supreme Court, Article 128 does not talk about the necessity of quorum. Such an appointment is need-based.

What was the issue? ● Section 24(2) of the land acquisition act states that in case of land acquisition proceedings, if a developer fails to take possession of the land acquired under the old laws for five years, or if compensation is not paid to the owner, the land acquisition act process would lapse. The process would then have to be re-initiated under LAAR, which would allow the owner to get better compensation. ● The case was transferred to a Constitution Bench as two Benches of the court had delivered conflicting judgments on the issue.

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● A three-judge Bench cannot nullify a decision by another three-judge Bench or declare it to be per incuriam; it can only ask for the matter to be considered by a larger Bench if it disagrees with the precedent. So this was the allegation on Justice Mishra that he did not follow judicial principles while giving the 2018 verdict.

Article 145(3) says at least five judges need to hear cases that involve "a substantial question of law as to the interpretation" of the Constitution, or any reference under Article 143, which deals with the power of the President of India to consult the Supreme Court.

What the Supreme Court said? ● No bench-hunting: Recusals should not be used as a means to allow a party to choose its own bench. It would lead to forum shopping. ● Judicial independence: Pronouncing judgments was the duty of a judge. Previous judgment cannot constitute bias or raise a reasonable apprehension of bias. ● Correcting past errors: Judges have been known to correct their past errors.

Arguments in favor of SC decision Arguments against SC decision

National Judicial Appointments Impinging on commonly accepted rules of Commission case: The SC said that a Judge precedent: Justice Mishra’s predisposition was so may recuse at his own. But recusal at the strong that he doubted the correctness of Pune asking of a litigating party, unless justified, Municipal Corporation case, when sitting as part of a must never be acceded to. For that would two-judge panel; and finally held the ruling invalid give the impression of the Judge had been when sitting later as part of a three-judge panel. scared out of the case?

Objective jurisprudence: Judges being Violating doctrine of stare decisis: In none of the rational individuals may have ideological earlier cases of recusal, however, had a judge prejudices, nevertheless they consider cases disregarded the doctrine of stare decisis — the basic and decide upon the matters on the basis of legal principle of determining the outcome of a facts and rationale. dispute according to precedent — to unsettle an established interpretation of the law.

Assam detention center case: CJI Ranjan Ignoring third person view: Gogoi also decided against recusing from ● Recusal demands that a judge appeals not to his hearing a PIL saying that the CJI’s recusal own moral sense but to consider what a would mean the “destruction of the reasonable person might make of his decision to institution”. hear a case. ● In 1987, Chief Justice of India M.N. Venkatachaliah had said that “When there is ground for believing that such unconscious feelings may operate in the ultimate judgment or

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may not unfairly lead others to believe they are operating, judges recuse themselves.”

Revealing the reasons for recusal in detail Judges do not record their reasons in writing: If no could lead to similar requests from parties in justification of recusal is given. It becomes difficult other cases, delaying the delivery of to tell whether recusal was required or not. justice.

Master of Roster issue Controversial collegium: ● Article 145 of the Indian Constitution ● The collegium is already controversial. It would provides power to the Supreme Court to create chaos if for every case, a collegium starts frame its own rules to regulate the deciding the benches. practice and procedure of the Court. ● SC has said that, it is this exclusive authority of this individual judge CJI, who is the ● In democratic countries around the "spokesperson of the court", to allocate cases to world, notably in the UK, Canada and fellow judges as the 'Master of Roster'. Australia, the allocation of work and ● The SC concurred that neither Article 145 (rules the selection of benches is a of court) nor the Supreme Court Rules say the consultative process. 'Chief Justice of India' as the Collegium. ● It is not acceptable for the chief justice to have unbridled power of choosing the

judges for hearing without consultation.

Supreme Court Guidelines on the Issue

● In Ranjit Thakur v. Union of India, Justice MN Venkatachaliah affirmatively held that ‘the proper approach for the Judge is not to look at his own mind but to look at the mind of the party before him.’ ● In PK Ghosh v. JG Rajput, the Supreme Court said that: A basic postulate of the rule of law is that “justice should not only be done but it must also be seen to be done. o If there be a reasonable basis for a litigant to expect that his matter should not be heard by a particular Judge and there is no absence of an alternative, it is appropriate that the learned Judge should recuse himself so that people do not doubt the process. ● The Restatement of Values of Judicial Life adopted by the Supreme Court categorically states, “A Judge shall not hear and decide a matter in a company in which he holds shares is concerned unless he has disclosed his interest and no objection to his hearing and deciding the matter is raised.

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Way forward ● Formulating rules: Justice J. Chelameswar opined in Advocates-on-Record Association v. Union of India (2015) that “Where a judge has a pecuniary interest, no further inquiry as to whether there was a ‘real danger’ or ‘reasonable suspicion’ of bias is required to be undertaken. “But in other cases, such an inquiry is required, and the relevant test is the ‘real danger’ test.”

Real danger test is the test to be applied in cases of apparent bias on the part of a juror, arbitrator, magistrate or member of another inferior tribunal, was whether there was a real danger of injustice having occurred as a result of the alleged bias.

● Judges should express their decisions in writing: As CJI, Justice Khehar said that the Supreme Court was finalising guidelines that would make it compulsory for judges who recuse in cases to inform the registry in writing and also give reasons for doing so. ● Addressing ‘master of roster’ issue: Urgent reforms in this regard are necessary. Selection of benches should be a consultative process.

Supreme Court Strikes Down Rules on Tribunal Postings

A Constitution Bench of the Supreme Court struck down in entirety Rules framed by the government under the Finance Act of 2017 to alter the appointments to 19 key judicial tribunals, including the Central Administrative Tribunal.

Questions before the Court

Whether the ‘Finance Act, 2017’ insofar as it amends certain other enactments and alters conditions of service of persons manning different tribunals can be termed as a ‘money bill’ under article 110 and consequently is validly enacted?

The Finance Act,2017

Controversies involved

● Finance act 2017 was passed as a money bill and Raja Sabha cannot make any decisions on the bill. ● It is a bulk bill of 40 amendments to different laws, such as variety of existing taxation laws, use of Aadhaar, income tax returns and raids, caps in cash transaction. ● It laid the foundations for the merger of several tribunals. ● The Bill included amendments to legislation on multiple subjects, in an attempt to rationalize the functioning of multiple tribunals.

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Court’s Observation –

The Bench led by Chief Justice Ranjan Gogoi held that the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2017 suffered from “various infirmities”. As the center’s control of functioning of tribunals would affect judicial independence.

● On Speaker’s decision to certify a Bill as Money Bill - The SC held that the decision of the Speaker under clause (3) of Article 110 of the Constitution though final, is subject to judicial scrutiny on the principle of constitutional illegality. ● Explaining Dominant Purpose as per Article 110 (a) to (f) – If dominant provisions of Finance Act, 2017 is as per Article 110, then it would be deemed constitutional. ● The Court focused on the word “only” in Article 110 with reference to money bill. The Court observed that legislative intent was that the main and substantive provision of an enactment should only be any or all of the sub-clauses from (a) to (f) of Article 110. In the event the main or substantive provisions of the Act are not covered by sub-clauses (a) to (f), the bill cannot be said to be a “Money Bill”. ● The use of the word ‘only’ in Article 110(1) has its purpose, which is clear restriction for a bill to be certified as a “Money Bill”. Thus, cardinal purpose or dominant purpose of the legislation must be understood clearly.

Citing the judgment of K. Puttaswamy, which dealt with the constitutionality of Aadhaar Bill passed as a Money Bill, the Supreme Court in the present case, gave the following verdict:

● The word “only” mentioned in Article110 was not discussed substantially. ● Puttaswamy judgment also offered little guidance on the repercussions of a finding when some of the provisions of an enactment passed as a “Money Bill” do not conform to Article 110(1)(a) to (g). ● Considering the challenges made to the scope of judicial review on the issue, and the impact of Aadhaar Bill being passed as a Money Bill, it becomes essential to determine its correctness.

Thus, the constitutionality of Finance Act 2017 and Aadhaar Act passed as a Money Bill has been referred to a larger Bench of 7 Judges.

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The 7-judge bench constituted by the Supreme Court will try to address the above mentioned issues against Aadhar scheme and its legal status. The need of the hour is to strike a fine balance between unhindered public service delivery that Aadhar programme ensures and protection of data of subscribers.

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SC upholds disqualification of 17 Karnataka MLAs by speaker

The Supreme Court recently upheld the disqualification of the 17 rebel Congress and JD(S) MLAs in Karnataka but allowed them to contest the upcoming bypolls in the state.

Background ● Anti-Defection provisions were used by the Karnataka speaker to disqualify legislators from the assembly. ● The MLAs were also barred from contesting elections until the tenure of the current assembly gets over. ● Hence the MLAs challenged the decision of the Supreme Court.

Why were the MLAs Disqualified?

● 17 MLAs belonging to the ruling coalition led by Congress-JDS resigned and stated away from the trust vote which led to the collapse of the government. ● Following which the speaker issued the orders to a) Disqualify the MLAs. b) Debar them from contesting the elections till the term of current LA gets over.

But why MLAS wanted to resign?

● The anti-disqualification is not applicable in case of resignations. By resigning they reduced the half mark to form the government hence paving the way for BJP government in Karnataka.

The Supreme Court’s Decision

● It upheld the disqualification of 17 legislators by then Karnataka Assembly Speaker under the Tenth Schedule (anti-defection law) ● It nullified the order barring the disqualified legislators from contesting re polls. ✔ SC states that this provision was neither under the Constitution nor under the statutory scheme. ✔ It stated that the resignation of legislators cannot save them from disqualification: ● "Disqualification relates back to the date when the act of defection takes place. Factum and taint of disqualification does not vaporize by tendering a resignation letter to the Speaker. A pending or impending disqualification action does not become infructuous by submission of the resignation letter, when act(s) of disqualification have arisen prior to the member’s resignation letter.” ● The court noted that it would defeat the purpose of the Tenth Schedule if it was held that disqualification proceedings would become infructuous upon tendering resignation.

Note: Please refer our May Edition of the Magazine or Blog for detailed analysis on the Anti - Defection Law.

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New Map of India

The government has released the maps prepared by Survey General of India of newly created Union Territories (UTs) of Jammu and Kashmir, and Ladakh and the map of India depicting these UTs.

In a statement, the Ministry of Home Affairs said the UT of Ladakh consists of two districts of Kargil and Leh while the rest of the erstwhile state of Jammu and Kashmir is in the UT of Jammu and Kashmir.

● In 1947, the erstwhile state of Jammu and Kashmir had the following 14 districts - Kathua, Jammu, Udhampur, Reasi, Anantnag, Baramulla, Poonch, Mirpur, Muzaffarabad, Leh and Ladakh, Gilgit, Gilgit Wazarat, Chilhas and Tribal Territory. ● By 2019, the government of erstwhile state of Jammu and Kashmir had reorganised the areas of these 14 districts into 28 districts. ● The names of the new districts were - Kupwara, Bandipur, Ganderbal, Srinagar, Budgam, Pulwama, Shupian, Kulgam, Rajouri, Ramban, Doda, Kishtivar, Samba and Kargil. ● Out of these, Kargil district was carved out from the area of Leh and Ladakh district.

On the recommendation of Parliament, the President effectively dismantled Article 370 of the Indian Constitution and gave assent to the Jammu and Kashmir Reorganisation Act, 2019.

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SCHEMES/BILLS/ACTS

Draft Medical Devices (Safety, Effectiveness and Innovation) Bill, 2019

The NITI Aayog has been pushing for a separate law or Act to regulate medical devices. The proposal for the draft bill also recommends a separate regulatory authority for medical devices and an overarching body headed by the health ministry. Why a separate law is needed? ● At present, both medicines and medical devices are regulated by the Central Drugs Standard Control Organization (CDSCO), whereas food along with nutraceuticals are monitored by the Food Safety and Standards Authority of India (FSSAI). ● It is important to restructure the regulators because while much of these are pharmaceutical products or products concerning the health of people, they are different in their making, design, technology, usage as well as marketing and distribution. Salient features of the Draft Bill ● National Register of Medical Devices (NRMD) - As per the proposed provisions, all medical devices will have to be registered in the NRMD before they enter the market. ● A unique identification number (UID) to be displayed on the label of a product in a prescribed format. ● Provisions for compensation for harm or injury and a separate regulator or Medical Device Administration to oversee the sector. ● Medical device makers and importers can face a penalty of up to Rs 1 crore if products sold in India are found to be unsafe or if they fail to protect personal health information of patients, according to the draft bill proposed by NITI Aayog. ● The draft bill also has stringent penalty provisions, including imprisonment for offences related to the sale of medical devices, clinical trials and fraud. ● For existing products, it suggests registration within 12 months after the new law coming into force.

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● Medical device manufacturers and importers will have to comply with conformity assessment requirements specified by the regulator on the basis of standards framed by the Bureau of Indian Standards. ● Companies will also have to submit clinical data to seek approvals for their products. ● The draft also mandates companies to do post-marketing surveillance and report adverse events related to devices. Other proposals ● As per draft, the administration will consist of a chairperson, four whole-time members, six ex-officio members and an ex-officio member-secretary. ● The Aayog has proposed that the Medical Devices Administration should have powers to conduct audits, give approvals as well search and seizure. ● The administration may refuse approval to devices that have resulted in adverse events, were recalled or declared unsafe in any other country, according to the draft bill. Conclusion Undoubtedly a new regulatory agency with specialized expertise in medical devices would be a welcome move. The Central Drugs and Standard Control Organization lacks the requisite technical competence and has not been up to the mark in regulating the limited devices currently notified as drugs.

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INTERNATIONAL DEVELOPMENTS

11th BRICS Summit

The 11th BRICS Summit was convened in Brasília, Brazil. The 2019 Brazilian Presidency focused on the theme, ‘BRICS: Economic Growth for an Innovative Future’.

About BRICS BRICS brings together five major emerging economies, comprising 43 percent of the world population, having 30 percent of the world GDP and 17 percent share in the world trade. ● The acronym BRIC was first used in 2001 by Goldman Sachs in their Global Economics Paper. ● BRIC started after the meeting of the leaders of Russia, India and China in St. Petersburg on the margins of G8 Outreach Summit in 2006. ● The grouping was formalised during the first meeting of BRIC foreign ministers on the margins of UNGA in New York in 2006. The first BRIC Summit was held in Yekaterinburg, Russia, on June 16, 2009. ● It was agreed to expand BRIC into BRICS with the inclusion of South Africa at the BRIC foreign ministers’ meeting in New York in September 2010. ● The five BRICS countries are also members of G-20.

What are the objective of BRICS? ● Broader commitment to cooperate for strengthening multilateralism, the rule of law and equitable international order. ● BRICS leader’s stress “the centrality of the rules-based, transparent, non-discriminatory, open and inclusive multilateral trading”, based on the World Trade Organisation. ● BRICS managed to push for institutional reform which led to the International Monetary Fund (IMF) quota reform in 2010.

Major outcomes of BRICS Summit, 2019 ● The grouping decided to open a regional office of the New Development Bank (NDB) in India.This hopefully will give impetus to financing of projects in India’s priority areas. ● Brasilia Declaration: ✔ BRICS reaffirmed commitment to helping overcome the significant challenges currently facing multilateralism, as well as upholding the central role of the U.N. in international affairs and respecting international law. ✔ BRICS criticised protectionism, blaming it for the global slowdown.

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India @ BRICS summit: ● ‘Fit India Movement.’: India called for communication and exchange between BRICS nations to increase in areas of fitness and health. ● Disaster resilient infrastructure: India requested BRICS nations and New Development Bank to join coalition for disaster resilient infrastructure. ● India-Brazil: ✔ Brazilian President Jair Bolsonaro has accepted Prime Minister Narendra Modi's invitation to be the chief guest at India's Republic Day celebrations in 2020. ✔ Brazil granted visa-free travel to Indian citizens. ● India-China: ✔ The leaders reviewed preparations for celebrating the 70th anniversary of the establishment of diplomatic relations between the two countries next year. ● India-Russia ✔ India and Russia decided to hold 1st Bilateral Regional Forum at the level of Russian Provinces and Indian States next year to dismantle the barriers of trade at regional level. ✔ The USD 25 billion target of bilateral trade by 2025 has already been achieved. India has been invited for investment in the Arctic region. ✔ Both countries reviewed the progress made in the field of Infrastructure particularly railways in context of raising the speed of the Nagpur-Secunderabad sector railway line. ✔ Russia invited Indian PM to visit Russia in May for the Victory Day celebrations. Significance of BRICS for India ● As the developing countries face an aggressive club of developed countries, raising challenges on issues from WTO to climate change, New Delhi believes BRICS has to protect the rights of the developing countries. ● Escaping Middle Income Trap: While China, India, and Brazil still have very large rural populations, they have made great strides in reducing poverty. Rapid progress in the emerging economies has contributed to growth in middle classes. ● The BRICS cooperation has two pillars — consultations on issues of mutual interest through meetings of leaders and ministers, and cooperation through meetings of senior officials in areas including trade, finance, health, education, technology, agriculture, and IT. ● Platform for proactive engagement with China & Russia: A BRICS helps in resolving some outstanding issues between China, Russia and India like the Doklam crisis. ● India’s foothold in Latin America: In view of India’s growing demand for energy, Latin America’s richness in extractive resources offers a big avenue. The India-Brazil association in emerging multilateral groupings such as the BRICS and IBSA can be leveraged in this regard. ● Multilateralism, India has articulated a vision for strengthening and reforming the multilateral system itself. ● Anti-terrorism efforts: India has taken the lead in galvanising BRICS has also worked within the grouping to take a strong stand against terrorism and bring about focused consultations on specific aspects relating to terrorism. ● Non-alignment: Many in India see the BRICS forum as a continuation of the past attachment to non- alignment and third worldism.

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● Will BRI undermine the BRICS grouping? Two of China’s main BRICS partners—Russia and India—harbor reservations about BRI, while for the other two members (Brazil and South Africa), it is not of such geo-political significance. India can use BRICS platform for critical review of BRI. Significance of BRICS in the world ● Building a multipolar world has been one of the central themes of India’s foreign policy. BRICS has been the main forum for the pursuit of that objective. ● As it represents a significant part of world population and GDP, BRICS will continue to be an influential voice as long as its convergences prevail over its divergences. ● South South Cooperation: BRICS is a club of Global South leaders and has potential to expand to other Asian, African and Latin American countries. ● The New Development Bank (NDB) of BRICS: Compared to Western-dominated funding mechanisms like the World Bank, which on average take two years to approve loans, NDB is doing so in just six months and that too by disbursing in local currencies. The idea of development bank (NDB) and Contingency Reserve Arrangement (CRA) has strengthen BRICS as a grouping.

During the sixth BRICS summit in Fortaleza in 2014, a decision was taken to establish the New Development Bank (NDB) which aims to mobilise resources for development project in BRICS, emerging economies, and developing countries.

● Global governance: BRICS has been pushing for deep reforms in global governance. ● BRICS has political benefits. It helps to soften worst-case scenarios stemming from bilateral bad blood. For example, the military face-off between India and China over the Doklam plateau was resolved partly owing to the BRICS summit in Xiamen. ● All BRICS countries oppose Western economic sanctions, restrictions on international trade and migration of skilled personnel that would deprive them of export markets and revenues. ● A revised globalisation chaperoned by BRICS, which includes democracies like India, South Africa and Brazil, is relatively credible. ● Africa, BRICS Plus: The BRICS outreach to Africa began at the last summit hosted by South Africa, in 2013; it has picked up momentum now. ✔ Sino-Indian cooperation in Africa: Both India and China are engaged in oil exploration in Sudan and Syria. Concerns The critical question is whether BRICS’s exertions will have appreciable impact on G-7, the grouping of the developed countries, which is in disarray, and particularly on the U.S. administration.

Economic crisis in BRICS ● Two of the largest economies in the grouping, China and India, are grappling with the issue of falling exports. ● In the middle of a raging trade war with the US, China has seen a rapid drop in exports. ● India is struggling similarly to propel merchandise exports.

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● Moscow, too, witnessed a fall of 4.8 per cent in exports in the first nine months of the calendar year. ● With stalling growth, Brazil is contemplating the release of a comprehensive economic package to revive the private sector. ● The IMF has cut South Africa’s 2019 economic growth forecast by 0.5 percentage points, from 1.2 per cent forecast in April to 0.7 per cent

● India has to maintain the balancing act between Russia-China on the one side and the US on the other. ● Kindleberger Trap, a situation where China may fail to provide global public goods like a clean environment and financial stability, despite being a superpower. It is generally the responsibility of great powers to provide global governance. The idea of the Kindle Berger Trap is also applicable to rising powers like India, which have global ambitions. ● BRICS is still far from achieving its initial goals: reform of global financial governance, democratisation of the United Nations, and expansion of the Security Council — partially because two of its members (China and Russia) do not want the other three members (India, South Africa and Brazil) to obtain parity in the global pecking order. ● Weak institutions and poor governance – each of the BRICS countries faces a unique set of challenges. ● China’s dominance: China’s massive economic weight in the forum has meant the internal balance in the BRICS has changed in favour of Beijing. ● Unclear nature of the group: BRICS is a non-regional grouping that began as a bloc of emerging economies joining hands for economic purposes but is unable to commit to many common goals like terrorism. ● Anti-US stature: Moscow saw the BRICS as a way of creating political leverage against the United States and the West, Beijing saw it as an instrument to expand China’s own global economic influence. Delhi is now struggling to come to terms with China-led globalisation. ● India’s play with the BRICS while deepening the strategic partnership with QUAD: But India’s “multi-alignment” has become harder as there are renewed tensions between global powers. ● The new strategic warmth between Moscow and Beijing, and the willingness of both Russia and China to cut deals with the US (on their own terms), makes the BRICS less about ideological posturing, more about repositioning India in changing great power equations. ● Brazilian President Bolsonaro, a hard core nationalist is not likely to be as involved with BRICS as his predecessors were. ● Politically, these countries are not all on the same page : While India and Russia share historically close ties, India-China relations experience swing like a pendulum. Brazil is closer to the USA. ● China’s plan for a “BRICS-Plus” or “Friends of BRICS” grouping: Chinese are planning to include Pakistan, Sri Lanka and Mexico to an expanded version of BRICS. The suggestion of including Pakistan is something India has not liked. ● Russia has moved closer to China and away from India; this could affect the group’s stand on issues like Afghanistan, on which BRICS members had previously been on the same page. Russia’s estrangement from the U.S. and Europe post-2014 and the Ukraine crisis in particular have increased its dependence on its east and south, mainly in the direction of the $300 billion Russia-China oil pipeline that China is funding. Russia’s shift on dealing with the Taliban is a strong signal of which way it is heading.

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● Relevance of BRICS could diminish: If BRICS do not discuss economic cooperation between themselves, which can include a potential BRICS trade and investment agreement, the relevance of BRICS will gradually diminish. The BRICS will not be able to discuss trade that much after India’s decision to say no to RCEP. ● Climate governance: BRICS members have a lot of potential to contribute, but so far, that has not happened. Russia has been ambivalent towards climate change and has recently joined the Paris Agreement. ● Poor performance of NDB: It has not been able to lend for any mega project. Lack of transparency and good governance, coupled with the up-and-down relations among member States as being among the other problems with the bank. Way forward: ● The members of the BRICS grouping should speak with a stronger voice and not be divided among themselves on the critical issue of achieving the long-pending UN Security Council reform ● India should stand up to China where necessary and cooperating with it where possible. ● India should salvage the essence of the long-standing partnership with Russia but also recognise that Moscow has its own imperatives. ● Promote more business with Brazil: Brazil-India trade stands at just US$ 7 billion as compared to US$ 100 billion with China. ● India while deepening the strategic ties with Washington should also acknowledge BRICS’s sharp internal divisions and the enduring compulsions to find compromises with a rising China. ● The current crop of BRICS leaders too are seen as strong personalities. India views this as a potential for cooperation, as the leaders have more in common than their predecessors. ● India and other BRICS nations should speed up on the path to economic recovery.BRICS nations need to focus on trade and investment as the Intra-BRICS trade is only 15% of the world trade. ● Africa needs big loans from the New Development Bank (NDB) for their infrastructure projects, they should be expedited. G-20 has a set parameter and doesn’t encompass the aggregate of the hopes and aspirations of the developing world. India should, therefore, use the BRICS forum to project its global profile.

India-Germany Relations

German Chancellor Angela Merkel visited India from 31st October - 1st November 2019 for the fifth round of the biennial Intergovernmental Consultations (IGC).

The IGC is a unique broad-format dialogue chaired by both leaders with members of Cabinet from the two sides holding initial discussions in their respective areas of responsibility.

Key Takeaways ● Artificial Intelligence: AI collaborations are happening in Agriculture such as precision farming with the aim to increase efficiency and to save resources as well as reduction of food losses and waste. ● Counter terrorism - Agreement on information exchange was signed between the two countries, including the sharing of best practices and technology will be “an effective tool for combating terrorism, illicit drug trafficking through exchange of information.”

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● Indo- German Partnership on Green Urban Mobility - Germany pledged to invest €1 billion over the next five years on environmentally-friendly urban mobility in India. ● Cultural cooperation - Other agreements signed between the two countries include cooperation between the National Museum, and the Stiftung Humboldt Forum in Berliner Schloss and between All India Football Federation (AIFF) and Deutscher Fußball-Bund e.V (DFB). Evolution of Indo-Germany ties ● India was one of the first countries to recognise the Federal Republic of Germany and waived its right to claim reparations since Indian soldiers had fought in the war against Germany. ● The Cold War and India's opting for non-alignment put Germany and India in different blocs, as the Federal Republic of Germany was integrated into the Western camp with East Germany in the Soviet bloc. ● The closeness in relation with Germany started in 2000 when special green cards were introduced for Indians to encourage Indian students to go to Germany. ● Successful Indo-German Solar Partnership was founded in 2015 and the cooperation on Green Energy Corridors was established in 2013.

Other Facets of the Relationship Economic & Commercial Relations: ● Germany is India's largest trading partner in Europe. ● Germany is the 7th largest foreign direct investor in India since April 2000. ● Setting up of a "fast track mechanism" for approving and assisting German investments in India. Japan is the only other country which enjoys this special facility. ● ‘Make in India Mittelstand’ (MIIM) Programme - To facilitate the entry of German Mittelstand (Medium Sized Companies) in India, the Embassy of India, Berlin runs the Make in India Mittelstand (MIIM) Programme since September 2015. ● Loans: Germany’s Official Development Assistance (ODA) towards India, are in sync with India’s priority sectors and SDG 2030 including solar energy, smart cities, and environment. ● Energy cooperation - Germany’s strategic Green Energy Corridors project will build transmission lines transferring clean energy to different parts of the country

Defence Cooperation ● India and Germany have a 'Strategic Partnership' since 2001, which has been further strengthened with the Intergovernmental Consultations (IGC) at the level of Head of Governments which allows for a comprehensive review of cooperation and identification of fresh areas of engagement. ● India-Germany Defence Cooperation Agreement (2006) provides a framework for bilateral defence cooperation. ● India has invited Germany to take advantage of opportunities in defence production in the defence corridors in UP and Tamil Nadu.

Environmental cooperation ● Clean Ganga initiative: Germany has announced to provide a soft loan of euro 120 million to India to help clean the holy river Ganga. Germany has successfully done it for its “Father Rhine River”.

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● Green mobility: Germany pledged up to Rs 8,900 crore over five years to improve solid and liquid waste management and provide climate-friendly urban transport like the Metro in Nagpur, which is the single biggest project of German financial cooperation in India

Sister States: Karnataka and Bavaria have Sister States arrangement since 2007. Mumbai and Stuttgart are sister cities since 1968. In January 2015, Maharashtra and BadenWurttemberg signed an MoU to establish a Sister State relationship. Diaspora in Germany: About 1.5 lakh strong Indian diaspora mainly comprises of professionals, technocrats, businessmen/traders, students and nurses. Significance of Indo-German relations ● Tackling slowdown: As both countries are together reeling under slowdown, both can find ways to further collaborate and converge to find sustainable and effective solutions. ● India stands to gain from Germany as Germany is an economic powerhouse just as Germany stands to gain because she is a promising market that is growing and developing. ● High end manufacturing: Germany is famous for internationally acclaimed high-end brands like Daimler, Siemens etc.. India is an obvious choice for German companies due to the availability of potential markets and talent pools. ● Renewable sector: ✔ India and Germany have signed an agreement on technical cooperation under the Indo-German Energy Programme – Green Energy Corridors (IGEN-GEC). ✔ Germany also provides a loan of 7 million euro for training activities in the photovoltaic solar rooftop sector. ● Post Brexit scenario: The kind of Europe that emerges post Brexit is critical for India. Thus, we need to have a very good economic relationship with Germany as well as France in the post Brexit era. ● Germany's role in reviving the India-EU free trade talks : ✔ India has made a special appeal to Merkel to take the lead in this context. ✔ India had called off talks when the EU banned 700 Indian pharma companies from exporting to EU because one company was found wanting on quality standards. ● Global politics: ✔ Germany is unhappy with the US as NATO is not being supported strongly by USA and also that President Trump is reluctant in supporting the Paris climate change. ✔ Today the perception is, the US President is turning back on Europe and India is reaching out to Europe. ● International cooperation:  UNSC reforms: India and Germany are members of G-4 along with Brazil and Japan. The G4 nations support each other’s bids for permanent seats on the United Nations Security Council.  G-20: Germany and India are both members of the G20 and work closely with each other in many international organisations.  FATF: Both countries are also members of the Financial Action Task Force (FATF).  Belt and Road initiative: Though Germany has shown intent for joining China’s BRI, it has criticised its opaqueness. India and Germany can collaborate on an anti-BRI stand.

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 Crimea issue: India has good relations with Russia and thus can act as a mediator or can provide alternate solutions to germany in global strategic games.  WTO reforms: ✔ The recent joint statement called for restoring the full functioning of the WTO dispute settlement system and reform the WTO without undermining its fundamental principles such as Special and Differential Treatment, consensus based decision making and development objectives. Concerns ● The issue of the Bilateral Investment Treaty (BIT) ✔ The “Mittelstand” companies, object to India’s stand on bilateral investment treaties. ✔ India has been a leader fighting for the developing countries in multilateral trade negotiations. ✔ India has taken a stand on bilateral investment treaties wherein it is insisting that an investor has to first exhaust all domestic legal options before it can take a case towards international arbitration. ● Germany and China collaboration ✔ China’s trade volumes with Germany eclipse India’s trade with Germany by several multiples. ✔ China has invested a large proportion of its burgeoning foreign exchange reserves in the Euro. ✔ Germany wants that European Union (EU) should sign a Memorandum of Understanding (MoU) with China to participate in the Belt and Road Initiative (BRI) as a bloc, rather than individually. India officially opposes BRI.

● India EU Free Trade Agreement ✔ A free trade pact with India has been a long-pending demand from Germany, which is India's largest trading partner in Europe. Germany is demanding a new attempt for an EU-Indian FTA ✔ Launched in June 2007, the negotiations for the proposed pact have witnessed many hurdles with both sides having major differences on key issues like intellectual property rights, duty cut in automobile and spirits, and liberal visa regime. ● Mutual Legal Assistance Treaty (MLAT) ✔ Germany has refused to sign the Mutual Legal Assistance Treaty (MLAT) with India, citing the fact that India is yet to abolish the death penalty for heinous offences and terrorism. ✔ The aim of the MLAT is to secure bilateral cooperation against various forms of crime such as terrorism, drug trafficking, money laundering and counterfeiting of Indian currency notes. Russia-Ukraine crisis ✔ The German government has called on both Ukraine and Russia to de-escalate following a military crisis near the Crimean Peninsula. ✔ But India was the first major country to recognize the annexation of Crimea. Way Forward ● Manufacturing reforms: Taking measures to upgrade the technological capacity of its manufacturing sector and quality of its scientific establishment.

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● Embracing International Standards and Certifications: This can strengthen the competitiveness of the Indian industry and support the integration of India in global and regional value chains ● German investment: Germany can invest in smart cities; modernization of railway networks and stations to setting up of high speed rail corridors; generation of renewable energy to construction of transmission and distribution networks. ● Digital India: German and Indian digital companies should jointly work towards further enhancing the scope of market opportunity and bilateral investments in each other’s countries and creating greater bonds between their thriving tech ecosystems. ● India-EU free trade agreement: India and Germany should go for the speedy conclusion to the agreement. India should also safeguard its interest while negotiating bilateral investment treaties. ● E-Mobility: It is being envisaged an important area of collaboration, including under the already well- established Joint Working Group on Automotive. ● Leveraging soft power: India stands out as a leading liberal democratic state. It can entice Europe with the values which it espouses. ● Asia pivot: Contrary to France and the UK, Germany has no strategic footprint in Asia. India can provide the doorway to Germany for a significant strategic role in Asia. ● Multipolar world: India and Germany collaboration is significant for a multipolar rules-based order, a free and open Indo-Pacific region, and support for global solutions for global challenges – like climate change. Conclusion The Indo- German partnership is not a zero sum game and is based on shared values and interests. However India needs to be aware of the changes in Germany’s external engagement profile and focus on enhancing its own engagement with Germany by exploring every avenue to add greater depth to bilateral relations.

Kalapani

The new political map of India, recently released by the government to account for the bifurcation of Jammu and Kashmir, has triggered fresh protests over an old issue in Kathmandu. “KALAPANI” Area ● Kalapani is a territory disputed between India and Nepal, but under Indian administration as part of Pithoragarh district in the Uttarakhand state. ● It is marked by the Kalapani River, one of the headwaters of the Kali River in the Himalayas at an altitude of 3600 meters. ● The valley of the Kalapani forms the Indian route to Kailash–Manasarovar, an ancient pilgrimage site. Kalapani lies at a tri-junction of India, China and Nepal. ● The trijunction of India–China–Nepal borders was on the dividing line of the Kali River watershed and Tinkar River watershed.

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Source: India Today The Dispute

Claims of Nepal Claims of India

Nepal laid claim to all the areas east of the Lipu Indian officials’ says that the administrative Gad/Kalapani River. The Nepalese contention was records dating back to 1830s show that the that the Lipu Gad was in fact the "Kali River" up to Kalapani area had been administered as part of the its source. Nepal wanted the western border Pithoragarh district (then Almora district). shifted 5.5 km westwards so as to include the Lipulekh Pass. India also denied the Nepalese contention that Lipu Gad was the Kali River. In the Indian view, the Kali Nepali authorities claim that people living in the River begins only after Lipu Gad is joined by other low-density area were included in the Census of streams arising from the Kalapani springs. Nepal until 58 years ago. Therefore, the Indian border leaves the midstream Earlier Five years ago, Foreign Minister of Nepal of river near Kalapani and follows the high claimed that the late King Mahendra had “handed watershed of the streams that join it. over the territory to India”.

Recently, a committee formed by the Nepal government to study this claim submitted a report to the Prime Minister Oli during his first tenure. It claimed that India had “occupied” an additional 62 sq km land.

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The 38 km² of area between the Lipu Gad/Kalapani River and the watershed of the river is the disputed Kalapani territory. Cause of the dispute: ● The Treaty of Sugauli signed by Nepal and British East India Company in 1816 defines the Kali River as Nepal's western boundary with India. However, what is meant by "Kali River" in the upper reaches is unclear because many mountain streams come to join and form the river. ● From 1879 onwards, the survey maps show the stream that flows down from the Lipulekh Pass (called the Lipu Gad or Kalapani River) as the Kali River. This stream has served as the border between India and Nepal until India's independence. Bilateral talks to resolve the dispute ● In 2000, the Prime Ministers of the two countries discussed the issue. India assured Nepal that India would not occupy even an inch of Nepal. ● Aerial survey conducted: it was after Former PM Vajpayee’s assurance. ● Five years ago, the matter was referred to a new mechanism comprising foreign secretaries of both sides. ● Recently, India has reiterated its commitment to find a solution through dialogue in the spirit of close and friendly bilateral relations.

Another major area of dispute between India and Nepal Susta: In eastern Susta, the Narayani river forms the Indian-Nepali border. But several large floods have reshaped the river, causing a 14,500 hectare Indian encroachment into Nepal. Here, again, Nepalese are sensitive to the perceived threat to their sovereignty. According to reports, land disputes among locals are usually won by Indian nationals who have the support of the armed Indian Border Police Force.

Susta is an area under territorial dispute currently in Tribenisusta, Lumbini Zone, Nepal and near Nichlaul, Uttar Pradesh, India. The area under dispute totals over 14,500 hectares (140 km2) and is controlled by Nepal.

India Signs Kartarpur Sahib Corridor Agreement With Pakistan

Union Cabinet passed a resolution on 22 November 2018 to celebrate the historic occasion of 550th Birth Anniversary of Sri Guru Nanak Devji in a grand and befitting manner, throughout the country and across the globe.

A formal framework has been laid down for the operationalization of the agreement and the highlights of the agreement are:

● Indian pilgrims of all faiths and people of Indian origin can use the corridor. ● The travel will be Visa-Free. ● Pilgrims need to carry only a valid passport ● Persons of Indian Origin need to carry OCI card along with the passport of their country. The Corridor is open from dawn to dusk. Pilgrims travelling in the morning will have to return on the same day. 48

● The Corridor will be operational throughout the year, except on notified days, to be informed in advance. ● Pilgrims will have a choice to visit as individuals or in groups, and also to travel on foot.

India will send the list of pilgrims to Pakistan 10 days ahead of travel date. Confirmation will be sent to pilgrims 4 days before the travel date.

Concerns ● Pakistan to levy US Dollars 20 as service charge: India urging Pakistan on not to levy any service fee as it is not in consonance with the religious and spiritual sentiments of Indian pilgrims. ● India also continues to pursue for all weather connectivity and expects that Pakistan will build bridge on their side at the earliest. ● The Indian government has shown its concerns that the corridor might be used by Pakistan to undermine India's security, in the interest of the Sikhs' desire for access to the site. ● India also has concerns about the Kartarpur gurdwara being used for Pakistani supported pro- Khalistan separatist movement propaganda.

About Kartarpur Corridor

● The Kartarpur Corridor is a border corridor between India and Pakistan, connecting the Sikh shrines of Dera Baba Nanak Sahib (located in Punjab, India) and Gurdwara Darbar Sahib Kartarpur (in Punjab, Pakistan). ● The first guru of Sikhism, Guru Nanak, founded Kartarpur in 1504 CE on the right bank of the Ravi River and established the first Sikh commune there.

The importance of Kartarpur in the Sikh religion ● It was at Kartarpur where Guru Nanak gave the three Gs — Gurdwara, Granth, and Guru himself — that underpin the Sikh faith. ● Guru Nanak dev ✔ He laid the foundation of new faith on the banks of the River Ravi. ✔ Talwandi to Kartarpur: He had spent the formative years of his life at Talwandi. Guru Nanak came to the town between 1520 and 1522 after he had travelled widely across continents. ✔ He finally came to Kartarpur rich with experiences gained from his interactions with rulers, common people, clergymen, and thinkers. ✔ He was offered this piece of land by a ‘karori’ (administrator of a pargana), that’s why he named it as Kartarpur. ● Goal of life according to Guru Nanak ✔ The supreme purpose of human life is to gain enlightenment or a state of union with God. It was at Kartarpur that he taught his followers the way to liberation.

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✔ Service before self: According to Guru NanaK a person who works hard and shares the fruits of his labour can recognise the true path and the path of Liberation is “naam japo, kirat karo, wand chhako (worship, work, and share)”.

Guru Nanak and his followers cultivated the land at Kartarpur, and also reared cattle. Guru Nanak used to bring his cattle to graze at the well of Ranjita Randhawa, a landlord at Pakhoke Randhawa, now called Dera Baba Nanak from where the Kartarpur Corridor starts, a few kilometres from Kartarpur.

● ‘Dharamsal’ (a place where dharma or merit is earned) at Kartarpur, where he and his followers would sing his compositions in the morning and evening.

It is against the basic teachings of Nanak to differentiate his followers on the basis of religion. If Pakistan had to waive off certain conditions, it should be done for all and not just the Sikhs. Guru’s ghar (gurdwara) is open for everyone all the time and none can be differentiated on the basis of religion. In fact, Nanak believed in humanity not religions.

Nairobi Summit on ICPD

The UN Population Fund (UNFPA) hosted a summit in Nairobi, Kenya to rally the political will and financial commitments urgently needed to implement the goals of the 1994 International Conference on Population and Development (ICPD) adopted by 179 countries in Cairo. India at Nairobi Summit ● India had committed to a similar approach to population control at the ICPD in Cairo. ● India is among 179 countries that called for the empowerment of women and girls in all spheres. ● India has reiterated to guarantee voluntary and informed choices of contraception. ● It would increase its basket of contraceptives and improve the quality of family planning services.

Significance of India’s commitment ● There is no evidence that such punitive action works. ● The penal provisions violates the democratic and reproductive rights of individuals. ● A narrative for population control through punitive action has been building up in India. Prime Minister also raised the ‘population explosion’ issue in his Independence Day speech.

Key highlights of the summit: ● Members declared the next ten years a decade of action and results for women and girls. ● Members adopted a landmark Programme of Action which set out to empower women and girls for their sake, and for the benefit of their families, communities and nations. ● Partners made bold commitments to transform the world by ending all maternal deaths, unmet need for family planning and gender-based violence and harmful practices against women and girls by 2030.

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UNFPA: ● The organization was created in 1969. UNFPA is the United Nations sexual and reproductive health agency. ● It is the lead UN agency for delivering a world where every pregnancy is wanted, every childbirth is safe and every young person's potential is fulfilled. ● UNFPA work involves the improvement of reproductive health, including creation of national strategies and protocols, and birth control by providing supplies and services. ICPD: ● ICPD stands for the International Conference on Population and Development, a 1994 meeting in Cairo where 179 governments adopted a revolutionary Programme of Action and called for women’s reproductive health and rights to take centre stage in national and global development efforts.

It will save lives, lift millions of women and girls, their families and communities from exclusion and marginalization, and enable nations to harness the demographic dividend to grow their economies.

Bolivian crisis

Bolivian President resigned recently and the forced resignation of Bolivian President Evo Morales has thrown the poorest country in South America into its biggest political crisis in 13 years.

Background ● Two thirds of Bolivia’s population come from various indigenous communities who have lived in poverty and suffered humiliation from those who claim descent from the Spaniards. ● Mr Morale had formed MAS (Movement for Socialism) and protested against privatization. ● Mr. Morales was the first indigenous President of Bolivia. He came into power in 2006. It enabled his Movement for Socialism (MAS) to push for dignity for the indigenous communities. ● He won election to the Presidency when Pink tide ("turn to the left") had been established from Venezuela to Argentina. ● In the new Constitution of 2009, the flag of the indigenous communities, the Wiphala, became equivalent to the old flag of Bolivia. ● Mr. Morales socialist agenda: ✔ Bolivia has cut poverty drastically ✔ Bolivia increased its life expectancy rate, become 100% literate. ✔ Developed a universal healthcare system, and ensured that over a million women received land tenure. ✔ Nationalized natural resources and strategic companies. ✔ Mr. Morales’s socialist agenda improved the everyday lives of the people, even as commodity prices declined. ● In 2016, his push to end presidential term limits through a referendum failed. But later, a constitutional court lifted the term limits.

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Genesis of the crisis: Stage1: Mr. Morales had sought a fourth term for which he got judicial sanctions. He beat Mr. Mesa by over 10% votes. But Mr. Mesa refused to accept the results. Stage2: The Organization of American States (OAS), which is influenced by the US, found irregularities in the counting of votes. But offered no evidence for this claim. Stage 3: Mr. Mesa had called for “Permanent protest”. The right wing called upon its supporters to flood the streets, the police forces decided to mutiny and armed men have begun to arrest cadre from MAS and Indigenous organizations. Mr. Morales stepped down following weeks of widespread protests fed by allegations of fraud in the October 20 presidential election that he claimed to have won and he has been granted asylum in Mexico. All officials, all Socialists, have resigned. And it has left a vacuum, which the military could exploit. Earlier Plans to destabilize the government: ● To prevent Nationalization of key sectors: US pressurized Bolivia saying that it would delay all loans and discussions on debt relief until Mr. Morales displayed “good behavior”. Mr. Morales was called “illegal coca agitator”. ● The armed forces, influenced by the U.S, were always on standby for a scenario when they could eject Mr. Morales.

Bhutan to levy charges on Indian tourists

In a major shift in policy, Bhutan plans to levy charges on tourists from regional countries, including India, Bangladesh, and Maldives; who presently are exempted from any charges. The new draft tourism policy, is likely to be finalized by the Bhutanese Cabinet next month.

Reasons Behind Levying of Charges ● Over the last few years the number of tourists has been increasing at a really rapid rate, growing about 10 times in the past decade, and the policy of High Value, Low impact was coming under threat. ● In contrast to other international tourists, who pay $250 (Approx. INR. 18,000) as a minimum charge per day per person, tourists from India, Bangladesh and the Maldives had so far paid no fees, and were able to cross over without visas, thereby impacting revenue generation. ● Charges are needed stop regional tourists from using low-rent accommodation offered online, as this has led to a mushrooming of unregulated guest houses and homestays.

Way Ahead Experts say the measures could deter Indian tourists from visiting Bhutan, and may invite criticism from those wishing to visit from bordering states like West Bengal and Assam. Therefore, need is to negotiate relaxed norms for Indian Tourists if full exemption is not agreed by Bhutan.

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ECONOMY

Real Estate Sector

In order to increase the productivity of the real-estate sector, the Union Cabinet has approved setting up a special fund for 1600 stalled projects.

● Government has approved Rs 25,000 cr alternate fund for 1600 stalled projects. ● The move intended to incentivize the real estate sector in India that are under stress. ● The total fund size is estimated at over Rs 25,000 crore with the Centre putting in Rs 10,000 crore. ● State Bank of India and LIC injecting the balance amount into the fund in due course.

Criteria for Funding: ● Registered under RERA: Those projects are eligible for funding whose net worth positive and registered under RERA. ● Classified as NPA: Stuck projects that are classified as Non-Performing Assets (NPA) are also eligible under the new approved fund. ● Projects under NCLT Process: The projects that are undergoing resolution under the National Company Law Tribunal. Mechanism: ● The funds will be set up as Category-II Alternate Investment (AIFs) Fund registered with SEBI. ● The Fund will manage by professional fund managers. ● For the first AIF under the special window fund, SBICAP Ventures Limited has been proposed as the investment manager. Viability of the Sector: What data reflected? The recently released World Bank’s ease of doing business ranking report mentioned that India still lags in areas such as enforcing contracts (163rd) and registering property (154th). ● It takes 58 days and costs on average 7.8% of a property’s value to register it, longer and at greater cost than among OECD high-income economies ● And it takes 1,445 days for a company to resolve a commercial dispute through a local first-instance court, almost three times the average time in OECD high-income economies. ● Another study reported that the outlook for the country’s real estate sector in the September quarter has fallen to the level that was recorded during the uncertain times before general elections in 2014. ● A report also shows that the number of property developers reporting bankruptcy has doubled during the past nine months, which has added to the woes of NBFCs. ● As of 30 June, 421 developers are under the corporate insolvency resolution process, up from 209 as of September-end of last year. ● According to a report, around $10 billion of development loans are coming up for repayment in the first half of 2020. This may impact mainstream banks that have lent money to shadow lenders or invested in their bonds. ● Private sector lenders have the largest direct exposure to the commercial real estate sector and would be susceptible to “asset-quality difficulties" if the sector continues to struggle.

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Reason for the Real-estate Sluggishness The real estate in India is currently in the midst of fairy challenging times. In the past three years, the sector has witnessed a few noticeable macro shifts. ● Ban on high-value currency notes: The crunch of high currency notes from the market resulted in piling inventory, stagnant-to-falling property prices and dwindling funding for developers. ● Introduction of GST: Another reason for which the real estate industry has failed to recover from the shocks of the introduction of goods and services tax that was introduced in July 2016. ● Real Estate Regulatory Authority: RERA that was passed by the center in 2016 and most states in 2017 put a lot of onus on builders which further halted new offerings in the residential space. ● Demand-Supply Gap: The demand-supply gap has been an issue with most of the key real estate markets. However, the big funding challenge came in India in 2018 after the IL&FS crisis.

Issues and Challenges in Real Estate Sector

There are positive and negative things taking place in the real estate sector. The issues faced by India’s real estate sector are summarized broadly in the below section:

● Issues Faced by Customers: The purchase of any residential real estate involves three parties- the buyer, the seller, and the lender. Because of the inherent tendency of the three parties to pull things in different directions, things get pretty complex. ● Projects Delay: Delay in projects due to various reasons like court intervention in land issues, finance, approval etc have aggravated the slowdown of the sector. The consumer had to suffer because the customer is paying rent where resides and paying EMI for a home loan at the same time due to the delay of projects. ● Fraudulent Activity of the Developer: Fraudulent activity by the dis-honest developers has also dismantled the productivity of the sector.

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● Misleading Advertisement: Fraudulent advertisement to sell a product is quite popular and frequent in real estate. The main reason for flourishing fraudulent methods is the absence of any regulator and standard guidelines. ● Unethical Interest Issues: Most of the builders pay only 2 to 3% interest in case of default from their side but when customers default (like refuses to buy) then they have to pay around 16 to 18% which is unfair.

Challenges Faced by Real-Estate Industry:

A number of issues continue to plague India's real estate market-

● Procedural Difficulties: There are almost 50 approvals or more need to be taken for starting a real estate project and further these approvals are required from different govt departments or authorities. ● Lack of clear land titles: The land titles are not clear because of poor record-keeping and division of land in many parts till independence. The slow pace of modernization of land records is further aggravating the problem. ● Speculation in Land and Real Estate Prices: The prices of land and real estate in India has increased exponentially in the last decade and causes overpricing of commercial or residential property. ● Sources of Finance: Finance is the key to the development of any industry. Due to the poor image of the Real Estate sector, banks are becoming reluctant to provide loans and making regulations tougher to avoid bad loans. ● High Input Cost: The real estate is capital and labor-intensive industry; thus rise in the cost of labor and construction material due to inflation poses many problems to the real estate industry.

Government’s Policy Initiatives:

Looking at the viability of the Real Estate Sector in India, the government has taken steps to enhance the activity of the real estate by implementing several major policy initiatives such as

● Real Estate (Regulation and Development) Act, 2016: RERA has laid down a regulatory framework that aims to enhance transparency, bring greater accountability in the realty sector. It is being termed as a game-changer in the real estate sector to provide affordable housing. ● Amendment to the Benami Transactions Act: It lays down stringent rules and penalties associated with dealings related to ‘benami’ transactions. It establishes a regulatory mechanism to deal with disputes arising from such transactions and levying penalties to increase institution-investor participation. ● Change in Arbitration Norms for Construction Companies: To help the ailing construction sector, the government has cleared reforms including speedier resolution of disputes and the release of 75% of amounts that are stuck in arbitration. ● Budgetary Provisions: In order to boost the demand side of housing, the 2019 budget has mentioned for the additional Rs 1.5 lakh tax deduction on interest paid on housing loans sanctioned to first-time homebuyers, property developers and consultants. ● PMAY & Housing for All by 2022: The scheme ‘ housing for all by 2020’ is another area of key development in the area of real estate sector that have boosted the demand side. In this regard, Pradhan Mantri Awas Yojana has further propel the productivity of the sector. ● Service tax exemption on construction of affordable housing: Exemption of service tax on construction of affordable houses of up to 60 square metre under any scheme of the Central or state government including public-private participation or PPP schemes.

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● DDT exemption for SPVs to REITs: The Union Budget 2016-17 exempted any distribution made out of the income of the Special Purpose Vehicles (SPVs) to the Real Estate Investment Trusts (REIT) and Infrastructure Investment Trusts (InvIT) from the levy of Dividend Distribution Tax. This paved the way for the REIT model to become financially viable for retail investors. ● Permanent Residency Status for foreign investors: The Union Cabinet approved the grant of Permanent Residency Status (PRS) to foreign investors, subject to various conditions and with a provision for renewal for another 10 years.

Importance of the Real estate sector:

● Real estate in India is one of the major revenue-generating sectors with the growth and the depreciation that influences the economy of our country. ● The real estate sector is the second largest employer after agriculture and it contributes nine per cent to the national GDP. The Indian real estate market is expected to reach US$ 180 billion by 2020. ● The real estate sector comprises 4 sub sectors: retail, housing, hospitality, and commercial. Sectors like IT and ITeS, retail, consulting and e-commerce have registered high demand for office space in recent times. ● As per the Global Real Estate Transparency Index, India falls in the ‘semi-transparent’ category.

Global Real Estate Transparency Index 2018:

The 2018 Global Real Estate Transparency Index covers 100 markets and is based on 186 indicators.

The Global Real Estate Transparency Index is based on a combination of quantitative market data that are grouped and weighted into six broad sub-indices:

● Performance Measurement 28.5% ● Market Fundamentals 16.5% ● Governance of Listed Vehicles 10% ● Regulatory and Legal 25% ● Transaction Process 15% ● Sustainability 5%

2018 Report:

● India is ranked 35th among 100 countries in the GRETI 2018. ● In 2016, India was ranked 36th in the index and 40th in 2014. ● The country’s real estate market is currently placed in the ‘semi-transparent’ zone.

Global Context: ● The United Kingdom is at the top position followed by Australia and the US. ● Top countries: Other countries including France, Canada, Netherlands, Germany, Ireland, and Sweden are in the top 10 in the list of 100 countries. ● Asia: Sri Lanka is at 66th position and Pakistan at 75th among south Asian countries. Venezuela is the least transparent market with 100th rank. ● BRICS: Among the BRICS nations, both China and South Africa remained on the same rank 33rd and 21st respectively, while Brazil slipped to 37th position and Russia remained at 38th rank.

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Way Forward: The Central government has promulgated a number of policy initiatives for the regulation of the real estate sector in India. The government has also introduced RERA to bring complete transparency between buyers and sellers. But the sector now is facing various illnesses from multiple directions.

In order to broaden the scope of real estate sector in India, the government must need to take into consideration the following- ● A political consensus has to be reached and uniform policy across states has to be implemented for faster project execution. ● Sustainable development of our urban built environments is another key challenge. It is important to ensure that our cities are SMART. This could be achieved by an enhanced focus on ✔ Mass transit systems, ✔ Green construction methods, ✔ The creation of Green spaces, and ✔ Sustainable technologies for managing water, waste and energy resources.

Apart from this, the following Measures also needed: ● India is still dependent on banks for debt functions. “Banks alone cannot serve that cause. Government funding is essential to revive the sector. ● In September, the government announced a ₹20,000 crore special funding boost for stalled projects that are in the affordable and mid-income category. ● In order to revive the installed projects, the government needs to push money to the hand of the developers as well. ● On the other hand, If the government could encourage banks to start lending again, that would be a huge boost. ● There is a need for government to impart industry status to real estate sector. ● If there is zero GST implemented for real estate projects at least for six months, it would make a marked difference. There is an urgent need for active lenders in real estate, with existing banks not lending enough.

Insolvency and Bankruptcy code

The Supreme Court gave its stamp of approval to Arcelormittal’s takeover of the troubled Essar Steel under the debt resolution process of the Insolvency and Bankruptcy Code (IBC). ● The bench has asked to approach a flexible approach for making the 330 days deadline as “directory” and not “mandatory”.

● Committee of creditors (CoC) will have a final say in there solution plans under the Insolvency and Bankruptcy Code (IBC). ● The National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT) cannot interfere with the commercial decisions taken by the CoC. ● It upholds the primacy of financial creditors in the distribution of funds received under the corporate insolvency scheme. ● It upholds the principle of “equitable” and not “equal” treatment of operational creditors

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Code defines two types of creditors (i) Financial creditors, who have extended a loan or financial credit to the debtor. (ii) Operational creditors, who have provided goods or services to the debtor, the payment for which is due. Financial creditors could be secured or unsecured. Secured creditors are those whose loans are backed by collateral (security).

Background of the Case ● Essar Steel owed Rs 54,547 crore to its creditors — financial creditors and operational creditors combined. The company had been put on the block under IBC to recover the unpaid dues. ● The Ahmedabad-bench of National Company Law Tribunal (NCLT) had Okayed the bid submitted by ArcelorMittal, led by steel tycoon Lakshmi Mittal, for the takeover of Essar Steel. ● The operational creditors had opposed the bid on the basis that they were getting notional payment, while 92.5 per cent of the financial creditors' dues were being paid. Controversy related to NCLT judgment ● Earlier, the resolution plan had proposed to pay financial creditors 92.5 per cent of their dues. ● But the two-member bench of the appellate tribunal modified the manner in which the proceeds from the sale would be distributed. ● As per the order, both financial and operational creditors will recover 60.7 per cent each of their admitted claims. ● A consortium of banks led by the SBI had moved the Supreme Court against a National Company Law Appellate Tribunal (NCLAT) order in the case. ● The NCLAT had held that Essar Steel's operational creditors be treated on par with financial creditors when settling the claims. The judgment, placed operational creditors at par with secured financial creditors at the time of settling claims, while the IBC does not puts them at par. ● To argue that claims of financial creditors can be treated at par with operational creditors would muddy the waters as it loses sight of the basic distinction between secured and unsecured creditors.

● Under the Insolvency and Bankruptcy Code (IBC), Section 53 deals with the distribution of proceeds from the liquidation of assets. ● Waterfall mechanism: It lists the hierarchy in which various claims against the firm would be settled. ● Under this after the costs associated with the insolvency resolution process and liquidation are settled, dues owed to secured creditors and workmen have to be settled first. ● This is followed by discharging dues of employees, unsecured creditors and governments, in this particular order. ● After these claims have been settled, the balance is to be distributed among preference and equity shareholders, in that order. Thus the structure draws a clear distinction between the claims of secured creditors and operational creditors in the liquidation process, with the former having the first right.

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Significance of the Judgement ● Time-bound resolutions under the bankruptcy law are the key to cleaning up $190 billion of stressed loans quickly, ● It will help banks dodge higher provisions and solve the NPA problem. ● It will alleviate fears of the foreign investors and reduce capital outflows. ● It will help the “Make in India “programme making Indian products more competitive. ● Thus giving impetus to the Indian economy growing at sublime 5%.

The India’ march to the $5tn economy by 2024-25 is further strengthened and will help improve India’s rank on the “Ease of doing business”.

WTO on Export Subsidies

In a trade dispute over its subsidies to exporters under various schemes, World Trade Organization (WTO) panel recently ruled against India. If the WTO panel’s ruling is adopted, the decision would put at risk export subsidies claimed to be worth over $7 billion. Grounds for Ruling against India ● The panel found the US had “demonstrated the existence of prohibited export subsidies” that were inconsistent with provisions of the Subsidies and Countervailing Measures (SCM) Agreement. ● According to the panel, the US was able to show that India had foregone revenue through exemptions and deductions from duties and other taxes to the benefit of exporters in most schemes. ● In the case of Merchandise Exports from India Scheme (MEIS), it was able to establish that exporters benefited from a direct transfer of funds through the provision of scrips. ● MEIS, because of its design, structure and operation, did not meet the conditions for exemptions from these prohibitions as well, according to the panel. ● The panel found that the US had established that most of the measures under the other four schemes (EOU/EHTP/BTP, EPCG, SEZ and DFIS) were “contingent in law upon export performance”. Agreement on Subsidies and Countervailing Measures Definition of a Subsidy: The agreement defines subsidies as a financial contribution by a government or any public body within the territory of a Member (referred to in this Agreement as “government”), i.e., where:

● A government practice involves a direct transfer of funds (e.g., grants, loans, and equity infusion), potential direct transfers of funds or liabilities (e.g., loan guarantees);

● Government revenue that is otherwise due is foregone or not collected (e.g. fiscal incentives such as tax credits)

● A government provides goods or services other than general infrastructure, or purchases goods;

Categories of Subsidies: The agreement defines two categories of subsidies: prohibited and actionable:

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● Prohibited Subsidies: Subsidies that require recipients to meet certain export targets, or to use domestic goods instead of imported goods. They are prohibited because they are specifically designed to distort international trade, and are therefore likely to hurt other countries’ trade.

● Actionable Subsidies: In this category, the complaining country has to show that the subsidy hurts its interests. Otherwise, the subsidy is permitted.

Key Provisions of the Agreement: Under the agreement, a country can use the WTO’s dispute- settlement procedure to seek the withdrawal of the subsidy or the removal of its adverse effects.

Alternatively, the country can launch its investigation and ultimately charge extra duty (“countervailing duty”) on subsidized imports that are found to be hurting domestic producers.

● Under Article 3.1 of the ASCM, the WTO prohibits countries from granting exports that are contingent on export performance or the use of domestic goods over imports.

● Annex VII (b) states that when the developing countries graduate from Annex VII once their GNP per capita crossed $1000 per annum, they will be “subject to the provisions which apply to other developing Members according to Article 27.2(b).”

● Under Article 27.2(b) that provides exclusion of the export subsidy prohibition from applying to “other developing country Members for 8 years from the date of entry into force of the WTO.” On the face of it, it is unclear whether graduating countries may enjoy an additional 8-year transition period or not.

Key-Findings of the Panel ● The panel recognized that India has already graduated from the special and differential treatment provision that it originally fell under the SCM Agreement. ● So, India was no longer excluded from the application of the prohibition on its export subsidies. It concluded that “no further transition period” was available to the country to stop these subsidies. ● On relief to India, the panel has rejected some of US claims regarding certain customs duty exemptions provided under the DFIS scheme and excise duty exemptions under the EOU/EHTP/BTP schemes. Major Recommendations The panel recommended that India withdraw certain “prohibited subsidies” under the DFIS scheme within 90 days; ● Under the EOU/EHTP/BTP, EPCG and MEIS schemes within 120 days and ● Under the SEZ scheme within 180 days from the adoption of its report. Why the decision? ● Earlier US had accused India of giving prohibited subsidies to Indian steel producers, pharmaceuticals, chemicals, information technology, textiles and apparel. ● U.S had dragged India to the WTO in March 2018, questioning its export promotion schemes as the trade battle between the two countries intensified. ● The U.S has also claimed that the subsidies provided under the various programmes are detrimental for the American workers and manufacturers.

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Schemes Challenged: In 2018 March, U.S has challenged export subsidies provided by India under five sets of schemes-  Electronics Hardware Technology Park and Bio-Technology Park (EOU/EHTP/BTP) Schemes;  Export Promotion Capital Goods (EPCG) Scheme;  Special Economic Zones (SEZ) Scheme;  Duty-Free Imports for Exporters Scheme (DFIS); and  Merchandise Exports from India Scheme (MEIS). ● The export subsidies under most of the challenged scheme, except for MEIS, consist of exemptions and deductions from custom duties and other taxes. ● These schemes mostly violated certain provisions of WTO subsidies and countervailing Measures (SCM) agreement. ● The agreement prohibits subsidies that are contingent upon export performance. ● As per the agreement, India was only exempt from this provision until its Gross National Product per capita per annum reached $1,000. India’s Response ● India on countering US:  India argued that certain provisions under the SCM Agreement, allowing for special and differential treatment of certain developing countries, excluding it from the provisions prohibiting export subsidies.  It also argued that all challenged schemes, except the SEZ scheme, adhered to a provision of the SCM Agreement that carves out exemptions from or remission of duties or taxes on an exported product under certain conditions.

India on Panels Nod  India plans to appeal the report on some aspects of law and legal interpretation before the panel’s report is adopted within 60 days of it being circulated with all members.  The government of the day has already started working on making the debate schemes more WTO compliant.  Though, in September, it announced the Remission of Duties or Taxes on Export Product to replace the MEIS as a more WTO-compliant scheme.  The overall duty foregone under this scheme is expected to be “more or less the same” as MEIS (around Rs 40,000 crore-45,000 crore annually). Impact of WTO Panel Decision  Affection on Subsidy Programme: If the panel recommendations accepted, most of the export subsidy schemes will be affected.  Impact on manufacturing sector: The decision may have an impact on the manufacturing sector as well that is already facing a slowdown.  A great Cost: The subsidies provided under the programme were worth over $ 7 bn annually that will have a grievance impact on the steel, pharmaceutical, chemicals, IT and textile and apparel industry. Way Ahead: ● There will be no retrospective effect, rather India can continue to support by providing tax concessions like concessions on GST on parts and components used in the production of the exported product.

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● The US is expected to push for the early adoption of the panel ruling. On the other hand, India plans to appeal the report on some aspects of law and legal interpretation. ● In this particular situation, with the dispute panel’s appellate mechanism expected to become dysfunctional after December 1, India may not be obligated to implement the panel’s current ruling.  This will cater a chance for India to challenge the WTO’s ruling if India’s notice to appeal the report is submitted before December 1.  This is because, if its appeal is submitted on time, it will join a pipeline of 10 other appeals in other WTO dispute cases that have been filed since July 2018. ● Until those appeals are cleared and India’s own appeal is resolved, the country will be under no legal 7compulsion to make the changes recommended in the dispute settlement panel’s current report.

Diversion in Inflation Indices The WPI inflation for October has touched a 40-month low. But retail inflation in the country for the same month has touched a 16-month high. This deceleration in wholesale prices has happened despite a significant jump in wholesale food prices.

About WPI and CPI

A wholesale price index (WPI) is an index that measures and tracks the changes in the price of goods in the stages before the retail level – that is, goods that are sold in bulk and traded between entities or businesses instead of consumers. It is published by the Office of Economic Adviser, Ministry of Commerce and Industry. The base year of All-India WPI has been revised from 2004-05 to 2011-12 in 2017.

The Consumer Price Index (CPI) is a measure that examines the weighted average of prices of a basket of consumer goods and services, such as transportation, food, and medical care. Four types of CPI are as follows: ● CPI for Industrial Workers (IW) ● CPI for Agricultural Labourer (AL) ● CPI for Rural Labourer (RL) ● CPI (Rural/Urban/Combined) Of these, the first three are compiled by the Labour Bureau in the Ministry of Labour and Employment. Fourth is compiled by the Central Statistical Organisation (CSO) in the Ministry of Statistics and Programme Implementation. Base Year for CPI is 2011-12.

CPI vs. WPI WPI, tracks inflation at the producer level and CPI captures changes in prices levels at the consumer level. Both baskets measure inflationary trends but the two indices differ in weightages assigned to food, fuel and manufactured items. Moreover WPI does not capture changes in the prices of services, which CPI does. In April 2014, the RBI had adopted the CPI as its key measure of inflation.

WPI Inflation fell in spite of a jump in Wholesale Food Prices:

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● The data showed that the wholesale inflation in the country for October grew by just 0.16 per cent. In October last year, it grew by 5.5 per cent.

● WPI food inflation rose to 7.6 per cent. The spike was essentially led by an almost 40 per cent surge in vegetable prices and a 17 per cent surge in the price of pulses. Increases in the prices of spices and cereals, too, contributed to increasing wholesale food inflation. ● But what continued to pull down overall wholesale inflation number was the continued deflation (that is, prices falling from one month to the next) in manufactured goods.

Why is WPI falling BUT CPI is Rising: ● Different Weightage of Same Components: For instance, food articles have a much higher weight , over 45 per cent in CPI or retail inflation index while in the WPI their weight is less than 30 per cent. So even a similar spike in prices will show up a much higher impact in the retail inflation index than the wholesale inflation index. ● Different Components: There are other items such as “services” which have a weight of about 30 per cent that can only be found in retail inflation. A spike in these prices obviously bumps up only the retail inflation while leaving the wholesale inflation unaffected.

Past Scenario: ● A similar trend was also observed in the past. Between 2012 to 2015 there was a growing divergence between retail and wholesale inflation indices. ● By October 2015, wholesale inflation was negative while retail inflation was over 7 per cent. ● While raging food inflation was a contributor, the spike in services such as education and medical facilities was the biggest reason for this divergence in 2015. 63

Way Ahead: ● To some extent, the difference between CPI and WPI inflation is not only understandable but also reasonable. After all, the two indices have been made to better understand how prices behave between the wholesale and retail levels. ● However, a growing divergence between the two creates a serious worry for all policymakers concerned. ● If the RBI looks at retail inflation, which is at 4.6 percent and is expected to stay above the 4 per cent mark till March 2020, it would be expected to raise interest rates and bring down inflation. ● But if it were to look at WPI, the policy advice would be completely different. The RBI would then be expected to cut rates further and quite sharply to raise inflation. That’s because such a low inflation rate as the WPI is showing at present is essentially a reflection of a weakening economy ● Therefore need is to establish a fine balance between the two before taking further action.

Draft voluntary vehicle scrappage policy

NITI Aayog has raised concerns on a draft voluntary vehicle scrappage policy prepared by the road ministry that seeks to phase out old and polluting automobiles.

Key Provisions of Draft Scrappage Policy ● Rebates on road tax upon will be given after showing the certificate of scrapping by a vehicle owner ● It aims to set up vehicle scrapping centres across the country. ● Vehicles can be offered for scrapping if they are - ✔ impounded or abandoned by enforcement agencies, ✔ beyond repair, ✔ registration certificate has not been renewed (15 years’ time period) ✔ Damaged due to fire, natural calamity etc. ● An authorized vehicle scrapping facility - ✔ Should meet the minimum technical requirements for collection and dismantling centres specified as per the guidelines issued by the Central Pollution Control Board. ✔ Must have ‘competent manpower’ to carry out dismantling activities, keeping in mind responsibilities towards the environment. ✔ Need to take no objection certificate from state pollution control board within six months since the beginning of operations, according to the draft guidelines. ✔ Must install CCTV cameras which can be audited by government authorities to check compliance with guidelines. ● Vehicles cannot be scrapped till fuel, oil and other gases are drained and collected as per in certified containers. ● A separate record of scrapped vehicles will also have to be registered in the national register for vehicles (VAHAN), which has to be maintained by the Centre.

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Need of Policy ● The government hopes the policy laced with incentives would drive vehicle sales and help the auto industry that has been experiencing sluggish demand for about a year. ● It is a move aimed at protecting the environment and promoting legally backed dismantling and scrapping industry.

Concerns by Niti Aayog ● It has raised concerns over the definition of the life or age of a vehicle that will prompt their owners to scrap them, saying it may result in an economic loss for the vehicle owner. ● It feared that India may face the same fate as the US after it implemented the Cash for Clunkers scheme that provided financial incentives to car owners but even after spending $ 3 billion, the U.S economy failed to stimulate.

According to the experts the proposed scrappage policy will be the biggest driver of growth for the domestic auto industry in the short and medium term. However, the government has to be careful while drafting the scheme to plug loopholes so that it is not misused.

Surjit Bhalla Committee A high-level advisory group (HLAG) on trade and policy has recommended a simpler regulatory and tax framework for overseas investment funds ● The group was led by Surjit Bhalla, a former member of the Prime Minister's Economic Advisory Council, was formed last year in September. ● The group intended to make recommendations for identifying and pursuing opportunities and for addressing challenges in order to find a way forward in the contemporary global trade scenario.

Key-Recommendations: ● The group has recommended for simpler regulatory and tax framework for overseas investment funds. ● This will allow individual investment from abroad in Indian debt and capital markets, and state-specific policies to facilitate foreign direct investment in agro-processing.

The Group favours the following:

✔ A single ministry for the regulation of medical devices across the value chain ✔ An independent commission on pharmaceuticals and biotechnology ✔ A simpler medical visa regime and health insurance portability of social security entitlements across countries.

Major Suggestion of the group under the Report ● A centralized Authority for Licensing: The group also proposed making Invest India the centralised authority for issuing licences.

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✔ This authority should be made answerable to an apex decision-making body, headed by a select set of ministers who can approve the investment. ● A commerce department: The group has suggested the commerce department to engage an institution, outside the ministry, with expertise in trade, economics and big data analytics. ✔ This will give a leg to slowing exports and will create a predictive system to analyze the matter of trade. ● A database for India’s trade agreement: The group has also pushed for a database detailing the utilisation of India’s various trade agreements. ✔ This a five-year programme for negotiation of free-trade agreements and an advocacy programme to spread awareness about potential trade pacts. ● Process of identifying and resolving non-tariff barriers: The panel also wants the government to “begin the process of identifying and resolving non-tariff barriers which prevent Indian exports from accessing key importing nations”, starting with the major countries with which India has FTAs. ● Enhancing the capital base of the EXIM Bank: It has also proposed enhancing the capital base of the EXIM Bank by Rs 20,000 crore by 2022 and that of the Export Credit Guarantee Corporation by Rs 350 crore. ● Incentives for the electronic Sectors: With many export schemes under the radar of the global trade watchdog, the group has suggested incentives, especially for the electronics sector, be delinked from exports. ● Key-Ideas in the Report: An apex trade promotion organisation established as a separate entity replacing the Directorate General of Foreign Trade, India Trade Promotion Organisation and the Trade Promotion Council of India. And a world-class ‘war room’ to realise single-window clearance.

Specialised Cadre on Supervision and Regulation

The RBI has unveiled a separate vertical for supervision and regulation as part of a revamp to focus on improving oversight for banks, non-banking finance companies. ● These departments have been created by merging the respective supervision and regulation departments on banks, non-banks and cooperative banks. ● For example, the departments of banking supervision, non-banking supervision and cooperative bank supervision will come under the new vertical- department of supervision. The same will happen for the three regulatory departments. Need ● Strengthening system of Supervision: These departments created with the vision to tackle the growing diversity, complexities and interconnectedness within the Indian financial sector. ● Better Regulation: The move aimed at strengthening the supervision and regulation of commercial banks, urban cooperative banks and non-banking financial companies. ● Keep an eye on Malpractices: The need to strengthen the regulatory and supervisory departments of RBI was felt following several malpractices among financial institutions.

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ENVIRONMENT & DISASTER MANAGEMENT

Coastal flooding in India

● As climate change will put three times more people at risk of coastal flooding by 2050 than previously thought, Mumbai and are on the list of global cities that face the risk of being wiped out, according to a latest research report by the IPCC. ● It warned that a mere 50 cm rise in sea level is enough to flood major port cities around the world. ● Cyclones in the Arabian Sea are likely to increase in the near future.

What is coastal flooding? ● A coastal flood is when the coast is flooded by the sea. A flood starts when waves move inland on an undefended coast or overtop or breach the coastal defence works like dunes and dikes. Major Causes of coastal flooding The causes include sea level rise, geology, and rapid coastal population growth accompanied by rapid increase of human activities that interfere with natural processes. ● Reclaimed Land: This is land that has been gained from the sea due to coastal management. This land is low lying and flat, so a small rise in sea level from a mild storm surge is enough to flood it and cause extensive damage. For example, reclaimed land is occupied by the majority of Mumbai population making it vulnerable to coastal flooding. ● Urbanization: The inadequate drainage system and an ineffective spatial planning increase the flood risk. ● Increase infrastructure in coastal zones: Construction activities in ecologically sensitive zones and near the ‘high tide line’ has increased the vulnerability. ● Mangrove Degradation: Mangroves serve as a natural barrier to Tsunamis and cyclones. Cutting of mangroves to make way for building infrastructure has curtailed this natural resilience. What are the impacts of coastal flooding? Intense and more frequent cyclones such as the recent Fani, Gaja and Hudhud as well as severe floods have caused massive devastation to the India’s coastal states. ● Loss of lives and property: Immediate impacts of flooding include loss of human life, damage to property, destruction of crops, loss of livestock, non-functioning of infrastructure facilities and deterioration of health condition owing to waterborne diseases. ● Economic loss: ✔ The National Bureau of Economic Research (NBER), suggested that coastal flooding, which will be caused by climate change-induced sea level rise, will disrupt the global economy.

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✔ Disruption of the electrical system also has a cascading effect on health systems, water supply, communication and transport, etc. which become even more vital during natural disasters for help to reach the most vulnerable. ● Environmental impacts: Flooding can destroy coastal habitats such as coastal wetlands and estuaries and can erode dune systems. It can cause significant biodiversity loss. ● Coastal erosion: According to the Central Water Commission’s Shoreline Change Atlas, India has lost 3,829 km, or 45 per cent of the coastline, in just 17 years till 2006. ● Agricultural impact: Prolonged inundation of seawater after flooding can also cause salinization of agriculturally productive soils thus resulting in a loss of productivity for long periods of time ● Social impact: ✔ As sea levels rise, low-lying land areas and small islands could shrink due to flooding and coastal erosion, forcing large-scale migration inland. ✔ Poverty: The poor section of the society is the worst affected in case of disaster. ✔ Drinking water: Coastal freshwater bodies including lakes, lagoons and coastal freshwater aquifers can also be affected by saltwater intrusion. Government initiatives: ● Disaster Management Act, 2005: The Act lays down institutional, legal, financial and coordination mechanisms at the National, State, District and Local levels. It is expected to usher in a paradigm shift in DM from relief-centric approach to a proactive regime that lays greater emphasis on preparedness, prevention and mitigation. ● Integrated Coastal Zone Management Project (ICZMP): The Government of India under the aegis of Ministry of Environment and Forest (MoEF) has launched the ICZMP, to assist GoI in building the national capacity for implementation of a comprehensive coastal management approach in the country. ● National Flood Commission (Rashtriya Barh Ayog),1980: The Rashtriya Barh Ayog (RBA) had assessed the area of 40 mha in the country lying in 21 States and one Union Territory. ● Expert Committee to Review the Implementation of the Recommendations of National Flood Commission-2003 (R Rangachari Committee) ● National Water Policy 2012: It states that coastal States should prepare a comprehensive coastal land management plan, keeping in view the environmental and ecological impacts, and regulate the developmental activities accordingly. ● Blue economy policy: The development of technologies for the sustainable harvesting of living and non-living resources of the ocean was in line with the blue economic policy of the Union government. ● National Cyclone Risk Mitigation Project: The overall objective is to minimize vulnerability to cyclones and make people and infrastructure disaster resilient in harmony with the conservation of the coastal ecosystem in the cyclone hazard prone States and Union Territories of India.

Coastal Flood Warning ● National Institute of Ocean Technology under the Ministry of Earth Sciences, is engaged in data collection for tsunami warning and beach restoration which is of immense benefit to the society ● Coastal Flood Warning System app for Chennai (CFLOWS- CHENNAI) developed by the National Institute of Ocean Technology.

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● The Disaster Management Support (DMS) Programme of ISRO: As part of R&D support to DMS for remote sensing applications, work on Tropical Cyclone Track intensity and landfall prediction, Earthquake Precursor studies, Coastal Vulnerability mapping and Early Warning of Landslides are being carried out.

National Disaster Management Authority (NDMA) guidelines ● Sea walls/coastal protection works will be planned and executed by the respective coastal states/port authorities, keeping in view the complexity of sea behaviour and other environmental aspects. ● Chronic problems of coastal erosion: It is essential to examine the problem of floods and flood management in the country afresh. ● Only restricted urbanisation should be permitted in areas vulnerable to sea surges resulting from cyclones ● The general range of land use regulation recommended for flood prone areas may be applied for cyclone-hit areas too. ● Casuarina and other plantations, wherever feasible, should be grown as wind breakers for a width of about 2 km along the seacoast. ● Shelter buildings, especially designed for cyclone conditions should be constructed in the coastal areas. ● Hazard zoning and mapping, including the use of GIS tools, capacity development, etc; and its implementation strategies are suggested. ● Role of NGOs in Disaster Management: The guidelines discuss the role of NGOs in disaster preparedness, mitigation and response and spell out the institutional mechanism for improving the effectiveness of disaster management through effective coordination between NGOs and the government at different levels. Issues with coastal flood management in India: ● Weak Coastal Regulation Zone (CRZ) norms: ✔ The latest CRZ 2018 notification allows “eco-tourism activities such as mangrove walks, tree huts, nature trails, etc” in eco-sensitive areas, demarcated as CRZ-IA. ✔ The controversial land reclamation which is known to have strong impacts on coastal ecology, has been allowed in intertidal or CRZ-IB areas, for ports and sea links. ✔ The latest notification drastically shrinks ‘No Development Zone (NDZ)’ to 50 m from HDL in densely populated areas (where population exceeds 2,161 per sq km as per the 2011 Census). ✔ Providing housing facilities just 50 m from the coastline would expose the inhabitants to severe weather events, that too without any buffer. ✔ No study is available to show the carrying capacity of coastal areas to accommodate such increased development. ✔ Provisions for land reclamation and permission to build roads even in ecologically sensitive CRZ-I facilitates the creation of coastal economic zone (CEZs). The government has declared Sagarmala, Bharatmala and CEZs as “strategic projects”, which has a blanket exemption from CRZ provisions.

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● Flouting norms: In the recent Kerala floods it was seen that all landslide and flood-affected areas in the State are in Ecologically Sensitive Zones (ESZ-1), as categorised by Madhav Gadgil report. ● In effective Legislations and norms: ✔ Also missing are key pieces of legislation for housing and land use in fragile zones which allow buildability but with sensitive development. ✔ Current disaster norms do not differentiate between States, offering, for example, the same amount per unit for disaster relief in Bundelkhand as in Goa. Such practices are bound to lead to an inadequate recovery. ✔ In addition, any disaster relief will typically exclude anyone living in an unauthorised area. Such norms also exclude share-croppers and agricultural labourers, while focussing only on small and big farmers. ✔ Getting accurate sea level rise (SLR) projections: Models for glacier melt are not as well developed as other models that study global warming. ✔ Early warning generation system: It is done by the IMD at the state and district levels. There has been no formal mechanism so far to communicate warnings of cyclones and heavy rains etc. to the villages and people at large. ✔ Sand mining menace: One of the human activities that have been well linked to the problem of coastal erosion is illegal sand mining along beaches, coastal streams/rivers, and other restricted areas. ✔ High Tide Line:  The lack of transparency by the National Centre for Sustainable Coastal Management in demarcating the High Tide Line.  An inaccurate High Tide Line can result in a flawed plan, and throw open ecologically sensitive areas for development.  The effectiveness of the National Disaster Response Force (NDRF) has been hampered by a shortage of trained manpower, training, infrastructure and equipment, which prompted the Comptroller and Auditor General to highlight the National Disaster Management Authority’s performance in projects such as vulnerability assessment and mitigation projects of major cities as “abysmal”. Way Forward There are two parts to disaster mitigation: minimizing the loss of lives, and minimizing the loss of infrastructure and livelihood. ● Revisiting CRZ norms: Promulgation and enactment of a new Act for the protection of the coastal zones—with clear classification of various zones, after due consultations with the fishing communities, stakeholders, scientists and the department concerned—is the need of the hour. ● Measuring HTL: Public scrutiny of such foundation data sets is critical as this forms the basis of the Coastal Zone Management Plan. ● Stopping infrastructure construction along the coast and integrating anticipated SLR effects into coastal planning are essential. ● Advance preparation for migration into mid-size towns and better ecosystem support in the hinterland are useful ways to collaborate and build regional partnerships. ● Creating safer housing especially in the coastal regions, and in creating electrical systems that are underground. This will help minimize the need for evacuation.

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● Demarcation of ecologically sensitive zones using existing village survey maps and public participation. ● Clear land use plan for these zones specifying flood plains, protected forest areas, agricultural and plantation zones, with details of the types of crops, building usages permitted and the density of buildings permitted. ● Compensating owners in non-buildable areas, there must be strategies such as Transfer of Development Rights to buildable zones in cities. ● Cities’ master plan should focus on permitting only ecologically sensitive building strategies for these areas by proposing new construction techniques. ● Controlled development can be proposed using building height rules, floor area ratio control, and restrictions on cutting and filling natural land. ● Post-disaster management of land and geography needs imaginative actions by the authorities and people in order to reverse the damage already done ● NDRF must fill its vacant specialist positions while being given better control over transfers and deployment of its personnel. ● Conservation of Blue Carbon Ecosystems for Climate Change Mitigation and Adaptation.

Best practices Odisha: ● It has a great community outreach system through which people are being reached on time. ● It now has a network of 450 cyclone shelters and there is a robust mechanism for the maintenance of the cyclone shelters - each cyclone shelter has a maintenance committee where youth have been involved and trained for search and rescue, first aid and medical attention, and for providing cyclone warnings. Planned urbanisation can withstand disasters, a shining example being Japan which faces earthquakes at regular intervals.

Conclusion Without such reforms, only the Indian Army and paramilitary forces can remain first responders, and States will continue to cry out for relief. Perhaps, it’s time to move on from being focussed only on managing natural disaster emergencies to improving resilience.

New Zealand’s Zero Carbon Law

On 7th November, New Zealand’s Parliament passed The Zero-Carbon Act, which will commit New Zealand to zero carbon emissions by 2050 or sooner, as part of the country’s attempts to meet its Paris climate accord commitments.

Background ● The idea for the bill was first proposed by the youth-led climate organisation Generation Zero, who proposed and popularised the Bill before the 2017 New Zealand general elections.

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● In April this year, tens of thousands of New Zealand school students went on strike to protest the failure of adults to take decisive action over the last 30 years. ● This Act presents country’s plan on how they act over the next 30 years, to safeguard their future and that of their children. ● The Act is not a separate legislation but is an amendment to the existing Climate Change Responses Act, 2002. ● The country is well positioned to undertake steps to mitigate climate change- ✔ Its capacity to generate electricity from renewable resources is at 80 per cent, and it is working towards phasing out the use of offshore oil and gas. ✔ Additionally, the government is working towards investing over $14.5 billion to better its public transport system and walking and cycling infrastructure over the next 10 years. ✔ The government anticipates that GDP and household incomes in New Zealand will continue to rise, minimising the cost of adapting to climate change for the citizens.

Zero Carbon Footprint: Carbon neutrality, or having a net zero carbon footprint, refers to achieving net zero carbon dioxide emissions by balancing carbon emissions with carbon removal or simply eliminating carbon emissions altogether.

The law: The Act is titled Climate Change Response (Zero Carbon) Amendment Act. Provisions of the Act include: ● Reduce all greenhouse gases (except methane) to net zero by 2050, ● Reduce emissions of biogenic methane (produced from biological sources like livestock, waste treatment and wetlands) up to 24-47 percent below 2017 levels by 2050 and to 10 percent below 2017 levels by 2030 ● Establish an independent Climate Change Commission. ● Establish a system of emissions budget.

Climate change Legislation around the world ● According to Carbon Brief, there has been a 20-fold increase in the number of global climate change laws since 1997, when the Kyoto Protocol was signed. ● Globally, there are over 1500 laws on climate change, over 100 of which were introduced after the introduction of the Paris Agreement and over 28 of them explicitly reference the agreement. ● The Grantham Research Institute on Climate Change and the Environment also include the phase 2 of India’s Faster Adoption and Manufacturing of Electric Vehicles (FAME) scheme which also helps in combating climate change. ● As per a policy brief released by the institute in May 2018, all 197 signatories to the Paris Agreement have at least one law or policy on climate change.

Conclusion

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According to the New Zealand government, this is the first legislation in the world to make a legally binding commitment for living within 1.5 degrees Celsius of global warming. They absolutely believe and continue to stand by the statement that climate change is the biggest challenge of our time.

NITI Aayog and CII Draft plan to improve air quality

A joint report by NITI Aayog and CII proposes steps to tackle emissions from construction and demolition as well as production and transportation of construction material so as to improve air quality.

Proposed recommendations: ● Mandatory funds allocation for air quality management under the Corporate Environmental Responsibility (CER) in cities with high pollution levels ● Incentives for co-firing biomass in existing coal power units and giving priority status to clean generation and gas-based thermal power generation units. ● Compulsory provisions for air quality management during construction must be adopted under the National Building Code. ● Favourable taxation is recommended for all sustainable building materials. ● Comprehensive strategy to address the particulate matter from concerned sub sectors must be made encompassing - ✔ prevention and control of fugitive emissions across construction activities at sites, ✔ operation of various utilities including waste management within NCR and allied construction industry including brick kilns, concrete batching plants, stone crusher etc. ● Stringent Penalty by local bodies for violations must be imposed on both private as well as public authorities. ● Less polluting fuel for power generation must be used. ● Tighter norms for use of diesel in power generation must be formulated. ● Greater accountability from local agencies or authorities is required for effective implementation of clean air action in the National Capital Region. ● Focus must be on improved Crop Residue management so as to reduce stubble burning. Machines must be made available to farmers at minimum cost for cutting crop residue.

Conclusion: If we wish to breathe fresh air, it is imperative for the industry to adopt the recommendations of the report across sectors, be it manufacturing, energy generation or construction; and embed it into its business strategy, policies and future plans. Further businesses should shift from environmental compliance to environmental stewardship for the sake of healthy planet.

‘Wastelands Atlas’ – 2019

Realizing the importance of availability of reliable database on the wastelands of the country, Ministry for Rural Development, Agriculture and Farmers Welfare & Panchayati Raj released the Wastelands Atlas – 2019.

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The Department of Land Resources in collaboration with National Remote Sensing Centre (NRSC), Department of Space has published Wastelands Atlases of India - 2000, 2005, 2010 & 2011 editions.

Background

● India with 2.4% of total land area of the World is supporting 18% of the World’s population. ● The per capita availability of agriculture land in India is 0.12 ha whereas World per capita agriculture land is 0.29 ha. ● Unprecedented pressure on the land beyond its carrying capacity is resulting into degradation of lands in the Country. ● Therefore, robust geospatial information on wastelands assumes significance and effectively helpful in rolling back the wastelands for productive use through various land development programmes / schemes.

New Edition

● Wastelands Atlas-2019 provides district and state wise distribution of different categories of wastelands area including mapping of about 12.08 Mha hitherto unmapped area of Jammu & Kashmir. ● The effort has resulted in estimating the spatial extent of wastelands for entire country to the tune of 55.76 Mha (16.96 % of geographical area of the Country) for the year 2015-16 as compared to 56.60 Mha (17.21%) in the year 2008-09. ● During this period 1.45 Mha of wastelands are converted into non wastelands categories. There is a net conversion of 0.84 Mha (0.26%) of different wasteland categories in the country during 2008-09 to 2015-16.

Changes observed

● The changes in wastelands between 2008-09 and 2015-16 have been presented in the Atlas. ● Negative change- A reduction in wasteland area was observed in the categories of land with dense scrub, waterlogged and marshy land, sandy areas, degraded pastures / grazing land and gullied and / or ravenous land. ● Positive Change- Majority of wastelands have been changed into categories of ‘cropland’ (0.64 Mha), ‘forest-dense / open’ (0.28 Mha), ‘forest plantation’ (0.029 Mha), ‘plantation’ (0.057 Mha) and ‘industrial area’ (0.035 Mha) etc. ● The wastelands have undergone positive change in the states of Rajasthan (0.48 Mha), Bihar (0.11 Mha), Uttar Pradesh (0.10 Mha), Andhra Pradesh (0.08 Mha), Mizoram (0.057 Mha), Madhya Pradesh (0.039 Mha), Jammu & Kashmir (0.038 Mha) and West Bengal (0.032 Mha).

Chambal on eco-tourism map under Green Agriculture project

The ravines of Chambal, a unique geographical feature having gullies up to 15-20 feet deep which once used to be hideouts of dreaded dacoits, will turn into a hub of ecotourism and improved farm practices in the next seven years.

Green Agriculture Project

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● It is a project launched in 2018 in collaboration with the Global Environment Facility (GEF) and the Food and Agriculture Organisation (FAO) of the United Nations. ● The USD 33.5 Million project, is being funded by the GEF and implemented by the GoI (MoAFW and MoEFCC) and the Food and Agriculture Organization of the United Nations (FAO). ● The project aims to transform agricultural production to generate global environmental benefits by addressing biodiversity conservation, land degradation, climate change mitigation and sustainable forest management.

● The project in Madhya Pradesh will focus on the ravines, in and around the National Chambal Sanctuary which provides a habitat for ‘gharial’ and Gangetic dolphin. It will turn the ravines into an eco-tourism hub once landscape restoration is done. ● The overall objective of the project is to catalyze transformative change of India’s agricultural sector to support achievement of national and global environmental benefits and conservation of critical biodiversity and forest landscapes. ● Four more sites will be developed under the ‘Green Agriculture’ project during the 2019-26 period: ✔ Dampa in Mizoram, ✔ Similipal in Odisha, ✔ Desert landscape of Barmer and Jaisalmer districts of Rajasthan ✔ Corbett Rajaji in Uttarakhand ● The areas around these project sites will also be developed as replicable models for augmented livelihoods of marginal and small farmers through traditional agricultural practices. ● The project will collectively restore 1.8 million hectares of land, hence it is in sync with India’s commitment of restoring 26 million hectares of degraded land by 2030.

Geochemical Baseline Atlas of India

For the first time, ‘Geochemical Baseline Atlas of India’ developed by CSIR-National Geophysical Research Institute (NGRI) for use by policy makers to assess environmental damage was released. ● The atlas consisting of 45 maps of metals, oxides and elements present in top and bottom soils across India will serve as a reference. ● Work of atlas was started in 2007. To develop the maps, the globe was divided into 5,000 cells of 160 km by 160 km each. Of it, India has 122 cells.

Significance of the Atlas ● Future generations would be able to assess the chemical compositional changes on Earth’s surface. ● These maps will help in assessing the contamination by industries or other polluting sources. ● It will be easier to know regions with high and low concentrations of a metal. ● This map will form the backbone for environment management. It will help in finding out future contaminations due to industries across the country. ● Government and policymakers can leverage it in planning the land use accordingly. Mineral elements are necessary for crop growth. The map will also support in choosing the right soil that’s rich in certain micronutrient elements required for each plant growth. 75

Integrated Irrigation Project for Climate Resilient Agriculture

The Government of Odisha and the World Bank have signed 165 million USD loan agreement to strengthen smallholder farmers. The aim of the loan is to implement “Integrated Irrigation Project for Climate Resilient Agriculture”.

● The project will strengthen the resilience of smallholder farmers against adverse climate by improving access to resilient seed varieties and production technologies, diversifying towards more climate- resilient crops, and improving access to better water management and irrigation services. ● The project will help to increase the share of high-value and more nutritious products like fruits and vegetables.

Key Features

● The scheme is to benefit 125,000 smallholder farmers from 15 districts of Odisha. It aims to cover 128,000 hectares of land. ● The project will support the rehabilitation of 532 water tanks - expected to irrigate 91,435 ha; promote productivity improvements at the farm level. ● Support farmers to reduce the current emphasis on food grains (especially paddy and wheat)

Significance

● Doubling farmer’s income. ● Help in achieving Sustainable Development Goals 2030. ● Agriculture more productive and climate-resilient for smallholder farmers.

India's first-ever snow leopard survey

Ministry of Environment, Forest and Climate Change (MoEFCC) has released its first-ever survey to estimate the population and geographical range of the snow leopard, an elusive and endangered predator at the fourth steering committee meeting of the Global Snow Leopard and Ecosystem Program (GSLEP).

Background

● The snow leopard is found along the upper reaches of the Himalayan range and, in India, it is found in Kashmir, Ladakh, Himachal Pradesh, Uttarakhand, Sikkim and Arunachal Pradesh. ● The snow leopard is found in 12 countries — India, Nepal, Bhutan, China, Mongolia, Russia, Pakistan, Afghanistan, Kyrgyzstan, Kazakhstan, Tajikistan and Uzbekistan. ● It is the first time that the use of technology such as camera traps and scientific surveys has been put to use to estimate the numbers. ● Snow Leopard Population Assessment (SLPAI) is an assessment report prepared by multi-national organization namely- Nature Conservation Foundation, GSLEP technical committee, Global Tiger Initiative council, World Wide Fund for Nature, World Bank, Global Tiger Forum, and Wildlife Conservation Trust.

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● Global Snow Leopard and Ecosystem Program (GSLEP) seeks to address high-mountain development issues using the conservation of the charismatic and endangered snow leopard as a flagship. Government will strive to double the snow leopard population in the world in the coming decade. The focus is on capacity building, livelihood, green economy, and green pathway even in the snow leopard areas of the Himalayan range and cross-country cooperation.

SCO Joint Exercise on Urban Earthquake Search & Rescue (SCOJtEx)-2019

Union Ministry of Home Affairs inaugurated the Shanghai Cooperation Organization Joint Exercise on Urban Earthquake Search & Rescue (SCOJtEx-2019) on 04th November, 2019 at Dr. Ambedkar International Center, New Delhi. Objective ● To practice and strengthen the national and international response, coordination protocols and methodologies in a major earthquake scenario requiring international assistance. ● To rehearse the disaster response mechanism, share knowledge, experience, technology & also for mutual coordination, etc. ● The four day long simulation exercise was conducted as per the International Search & Rescue Advisory Group (INSARAG) methodology & guidelines. ● To test the region’s preparedness and resilience towards effective activation of Inter- governmental interaction for immediate response. ● Observers: ✔ International Search & Rescue Advisory Group (INSARAG), ✔ Asian Coordination Centre for Humanitarian Assistance (AHA), ✔ Brazil, Mongolia, and South Africa Geo-Chemical Baseline atlas of India

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SOCIAL JUSTICE & DEVELOPMENT

Issue of MMR in India

India’s Maternal Mortality Ratio (MMR) has seen a decline from 130 per 1 lakh live births in 2014-2016 to 122 per 1 lakh live births in 2015-2017, according to the latest Sample Registration System (SRS) 2015-2017 bulletin for MMR. ● However, India’s current MMR is still higher than the sustainable development goal (SDG) target– a set of globally agreed goals that India has signed on to–of 70 deaths per 100,000 live births for the world by 2030.

What is maternal death? ● According to the WHO, ‘Maternal death is the death of a woman while pregnant or within 42 days of termination of pregnancy, irrespective of the duration and site of the pregnancy, from any cause related to or aggravated by the pregnancy or its management but not from accidental or incidental causes. ● India accounts for 17 per cent of the global burden of maternal deaths. The leading causes of such deaths in India are haemorrhage (38 per cent), sepsis (11 per cent) and abortion (8 per cent). ● The major cause— Post-Partum Haemorrhage is often defined as the loss of more than 500-1,000 ml of blood within the first 24 hours following childbirth.

Maternal Mortality situation in the country ● 11 States have achieved the National Health Policy target of MMR 100 per lakh live births well ahead of 2020 ● Three States Kerala (42), Maharashtra (55) and Tamil Nadu (63) have already achieved the UN’s Sustainable Development Goal of MMR 70. ● The decline has been most significant in EAG States from 188 to 175. ● The ratio has reduced considerably from 77 to 72 per 1, 00,000 live births among southern states and in the other states from 93 to 90. ● Independent MMR data of Jharkhand (76), Chhattisgarh (141) and Uttarakhand (89) has been released for the first time. ● Rajasthan’s MMR has shown the highest decrease by 13 points, followed by Odisha (12 points) and Karnataka (11 points). ● While Karnataka has shown the highest percentage decline in MMR, Uttar Pradesh and Madhya Pradesh have shown an increase by 15 points each in MMR.

Classification of states: ● The government has categorised states into three groups: empowered action group (EAG), southern States and other states. ● Bihar, Jharkhand, Madhya Pradesh, Chhattisgarh, Odisha, Rajasthan, Uttar Pradesh/Uttarakhand and Assam fall under the EAG and Andhra Pradesh, Telangana, Karnataka, Kerala and Tamil Nadu are in the southern States group. “Others” comprise the remaining States and Union Territories.

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● Rural-Urban divide: ✔ The rural-urban divide is considerable when it comes to healthcare access. Fairly-developed states like Kerala, Maharashtra and Tamil Nadu have brought down their IMR, TFR and MMR rates and states like Assam, Jharkhand continue to grapple with these issues even today. ✔ As per the NFHS-4 survey only 16.7% of women in rural India received full antenatal care (ANC)’, which is about half the women in urban areas (31.1%). ✔ The urban-rural divide in institutional births: Overall 75 percent of rural births are now supervised as compared to 89 percent in urban areas.” ✔ Average total medical expenditure per childbirth in a public hospital: Rs 1,587 in a rural area and Rs 2,117 in an urban area. Reasons behind MMR ● Pre & Post Natal Care Interventions: The World Health Organisation (WHO) recommends at least four ANC visits for every pregnant woman but it is often neglected. ● Child marriages: When girls bear children while they are still children themselves, their lives are put at risk. Complications in pregnancy and childbirth are the leading cause of death in girls aged 15-19 in low- and middle-income countries. ● Frequent pregnancies: Many families in rural India assume that more children mean more hands to work. With constant pregnancies and societal pressure to deliver a son, a woman's body undergoes extreme stress for months and years. ● Lack of Reproductive Rights to Women: The National Family Health Survey (NFHS-4) 2015-16 shows that less than two-thirds (63%) of married women have any say in their own health care or other household decisions. ● Non-Institutional Deliveries: high rate of home delivery and delivery by unskilled birth attendant-all can lead to high maternal mortality ratio (MMR). ● Patriarchal Society: patriarchal customs make women’s health, nutrition and education unimportant ● Poor Infrastructure & Facilities at PHCs: States with large number of PHCs functioning with just one doctor or without a doctor are indicative of relatively higher rural Infant mortality rates (IMR) and maternal mortality ratio (MMR),” according to the Economic Survey 2018-19. ● Unsafe abortions: If women are not allowed to terminate their pregnancy legally after 20 weeks, they will either go abroad for abortions or terminate it illegally. This will lead to unsafe pregnancies. ● Barriers to utilization of anganwadi services by pregnant women and lactating mothers: Awareness regarding Anganwadi services available for pregnant and lactating mothers like IFA, calcium and deworming tablets, TT and health check-ups was found to be poor. ● Illiteracy and lack of education: With the poor growth in quality education over the past many decades impacts maternal health and care. It is a known fact that an educated and empowered woman is less likely to have multiple unwanted pregnancies. ● Unnecessary caesarean sections: Poor access, unnecessary caesarean operations, late referrals, inappropriate procedures, poor resources and training of medical practitioners are major reasons for maternal deaths following caesarean sections. ● Low use of contraceptives:

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✔ According to NFHS 4, female sterilisation in India continues to be around 37 per cent since 2006, despite health complications and deaths, highlighting the gender inequality in contraceptive use. ✔ This could be because of lack of accessibility or awareness of other contraceptive methods and requires immediate redressal. ✔ With male sterilisation on rapid decline, Ministry of Health and Family Welfare released the National Health Policy 2017 which aims uptake of male sterilisation to 30 per cent. ✔ Sex determination tests: In Bihar, a state among those with high MMR in India, it was found that forced abortions after sex determination tests and lack of ambulances are major reasons for maternal deaths. ● The lack of proper nutrition for pregnant women: The NFHS-4 survey says that ‘only 30.3% of Indian women consumed iron and folic acid tablets for the recommended course of 100 days or more. As a result, 50.3% of pregnant women and 58.4% of children aged 6-59 months had iron-deficiency anaemia (a major cause of maternal deaths, pre-term births and infant mortality)’. Vicious cycle of poor maternal health and Child stunting

Government Initiatives ● The National Health Mission--which provides for universal access to equitable, affordable and quality health care services--is conceived as the primary tool to reach health targets: maternal mortality ratio (MMR) of less than 70 deaths per 100,000 live births, neonatal mortality rate (NMR) of 12 deaths per 1,000 live births and under-five mortality rate (U5MR) of 25 deaths per 1,000 live births. ● The Janani Surkasha Yojna (JSY) scheme ✔ It has further strengthened maternal health initiatives by entitling free deliveries and Caesarean-Sections to every pregnant woman coming for deliveries at government health facility. ✔ The transport from the health facility, drop back and any referrals between facilities is also free for pregnant women coming to government health facility. ● Pradhan Mantri Surakshit Matritva Abhiyan: Health ministry launched an innovative scheme to provide free health check-ups to pregnant women at government health centres and hospitals by private doctors. ● “LaQshya” (Labour room Quality Improvement Initiative): The Union Health Ministry recently announced the launch of LaQshya, a programme aimed at improving the quality of care in the labour room and maternity operation theatre.

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● POSHAN Abhiyan and SUMAN (Surakshit Matritva Aashwasan Initiative) aim to ensure that all pregnant women receive quality maternal care with dignity and that no mother or newborn dies due to a preventable cause. ● Reproductive Maternal Newborn Child Health+ Adolescent (RMNCH+A) : ✔ 184 High Priority Districts (HPDs) have been identified for implementation of RMNCH+A interventions for achieving improved maternal and child health outcomes. ✔ RMNCH+A Links maternal and child survival to other components (family planning , adolescent health, gender & PC & PNDT) ✔ Focus on Aspirational Districts

NITI Aayog identified 117 aspirational districts across 28 States for transformation by the year 2022

● ‘I pledge for 9’ : It invites the private sector to provide free ante-natal services (ANC) on the 9th of every month on a voluntary basis to pregnant women, especially those living in underserved, semi- urban, poor and rural areas. ● Draft MTP (Amendment) Bill, 2019: It drafted “for cases in which doctors diagnose foetal abnormalities or substantial risks to the mother or the child. If women are not allowed to terminate their pregnancy legally after 20 weeks, they will either go abroad for abortions or terminate it illegally. This will lead to unsafe pregnancies.

MTP is a health care service and right to terminate pregnancy is firmly embedded in multiple rights - the right to health, right to life, right to scientific progress, right to privacy and right to choice.

Concerns with Govt’s Policy Poor fundings: ● As per the National Health Profile 2019, between 2009-10 and 2018-19, India’s public health spend as a percentage of GDP went up by just 0.16 percentage points from 1.12% to 1.28% of GDP. ● India’s National Health Policy 2017, framed in line with the SDGs, prescribes increasing the health expenditure of states to more than 8% of their annual budgets by the year 2020, but the seven states evaluated spent between 3.29% and 5.32% for the period of 2012-2017, according to a CAG report. ● Allocations to the National Health Mission fell short by 13.6% in 2018-19 compared to the budget projections, according to the CAG’s report.

State spending on health yet to increase: ● To reach the 2025 target of spending 2.5% of GDP on health, the National Health Policy mandated states to increase their health spending on primary care by at least 10% every year. ● In addition, a 4% health and education cess was also proposed which was not implemented.

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Health shortages affect progress: ● Rural India has a shortfall of between 24% and 38% in the number of sub-centres, primary health centres (PHC) and community health centres in 28 states and union territories. ● The population-doctor ratio in India was 11,082:1 in 2017 in government hospitals, 25 times higher than the World Health Organization recommendation of 25 professionals per 10,000 population.

Dearth of data: ● The NITI Aayog, the government’s policy think tank and the body responsible for overseeing implementation of SDGs, and the statistics ministry in consultation with the state governments, were to prepare the National Indicator Framework, the backbone for monitoring of SDGs. ● However, data for 137 of 306 national indicators were not available for 13 SDG goals. Way forward ● Strengthening PHCs through the NRHM ● Enhancing Role of ASHAs & ANMs,: ✔ A proposal for certification of ASHAs through National Institute of Open Schooling (NIOS) has also been approved. States should Identify ASHAs who aspire to obtain academic qualification for Class X or Class XII and to support their registration with the National Institute of Open School (NIOS). ✔ For ANMs, States should undertake their skill assessment and train them as per the identified gaps besides providing training on skills like IUCD insertion, SBA etc. ✔ States have also been supported and encouraged to set up skill labs to refine their clinical skills. ● Improving Data Collection: the focus should be on improving data for identifying the issues in contraceptive use and addressing gender inequality in SRHR in India. ● Essential Drugs and Diagnostics: Ensure free essential drugs and diagnostics at all government facilities ● Validation of data: Check for completeness & correctness of HMIS data /data from RCH portal ● Addressing women’s malnutrition has a range of positive effects because healthy women can fulfill their multiple roles — generating income, ensuring their families’ nutrition, and having healthy children — more effectively and thereby help advance countries’ socioeconomic development. ● Need for better data: Maternal death audits and reviews also need to be implemented to understand why, where and when women die and what can be done to prevent similar deaths. ✔ The role of the National Data Quality Forum (NDQF), a multi-institutional initiative hosted by Indian Council of Medical Research (ICMR) becomes crucial when it comes to addressing the gaps between data collection and analysis and using that data for advocacy and policy making. ● Improving access to surgery, promoting appropriate use of the procedure, providing safe surgical environments, ● Education of girls, avoiding early marriage, and ensuring gender equality. ● Ensuring a wide range of contraceptive options is important to help women plan and space, and avoid pregnancies ● Behavioral Change: It includes not reproducing after age 35; eating a healthy diet; limiting or avoiding alcohol consumption; stopping smoking; using a bednet to protect against malaria; arranging for a

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skilled birth attendant at labor and delivery; and recognizing and acting promptly on signs of a complicated delivery. ● Antenatal Care, Nutritional interventions, Prenatal counseling to recognize signs of complications. At least four antenatal-care visits during pregnancy and delivery in the presence of a skilled birth attendant can help detect conditions that can lead to birth complications, according to the World Health Organization. ● Skilled Attendance at Childbirth: Providing a skilled birth attendant during childbirth who has the knowledge and experience to use certain strategies when they are needed is a key step to reducing mortality and severe disability in childbirth. ● Sexual and Reproductive Health and Rights (SRHR), which are fundamental for family planning and the overall well-being of individuals. India is on track to achieve SDG target of MMR, however the four states namely Assam, Uttar Pradesh, Madhya Pradesh and Rajasthan will have to intensify their efforts to accelerate the MMR decline to achieve the SDG target.

Health of pregnant and nursing women- Jaccha-Baccha Survey

A new survey, called the Jaccha-Baccha Survey (JABS), conducted in June in six states (Chhattisgarh, Himachal Pradesh, Jharkhand, Madhya Pradesh, Odisha and Uttar Pradesh) to map the state of pregnant and nursing women has found that a high proportion of women do not eat enough during pregnancy. Key Findings of the survey ● State’s Performance: Uttar Pradesh, which is India’s most populous, performed the worst, while Himachal Pradesh, on average, performed the best. ● Lack of Adequate rest: Most numbers on pregnant women in UP are not getting adequate rest either because they had no one to help out at home, or because they had to actually go out and work on the farm in their condition. ● High out of pocket expenditure: The proportion of women who had to borrow or sell assets just to meet child delivery expenses too, was quite high, especially among the laggard states. ● Low access to health care: On access to basic healthcare facilities, the survey found that 36% women in UP did not get a single check-up at a primary health centre across different schemes. According to UNICEF reports, a third of women of reproductive age in India are undernourished, with a body mass index (BMI) of less than 18.5 kg/m2. It is well known that an undernourished mother inevitably gives birth to an undernourished baby, perpetuating an intergenerational cycle of under nutrition.

Parliamentary Standing Committee on Cancer care facilities

According to the Parliamentary Standing Committee on Science, Technology and Environment India’s cancer care facilities are highly inadequate.

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Findings of the Parliamentary Standing Committee; ● The “systematic failure” to address the needs of patients contributes to a 20% higher mortality among Indian cancer patients than in countries with a “high” Human Development Index. ● India’s cancer care infrastructure is “highly inadequate” and forces a majority of patients to travel “thousands of kilometers” for treatment. ● The report lay emphasis on the fact that mortality to incidence ratio of 0.68 in India is higher than that in very high human development index (HDI) countries (0.38) and high HDI countries (0.57). ● The Committee is worried about the fact that the incidence of cancer is very high in all North Eastern States, as it is higher than the national average for several types of cancer, showing a consistently rising trend over the past few decades. ● Two-thirds of India's cancer patients were treated in the private sector and this forced 6 crore Indians below the poverty line because of “catastrophic healthcare related expenditure on cancer”. Background The Parliamentary Standing Committee on Science, Technology and Environment was constituted to examine an expanded role for the Department of Atomic Energy, through the Tata Memorial Centre (TMC), to address India’s rising cancer burden. About Cancer ● Cancer is a generic term for a large group of diseases that can affect any part of the body. Other terms used are malignant tumours and neoplasms. ● One defining feature of cancer is the rapid creation of abnormal cells that grow beyond their usual boundaries, and which can then invade adjoining parts of the body and spread to other organs, the latter process is referred to as metastasizing. ● Metastases are a major cause of death from cancer.

Key Facts ● Cancer is the second leading cause of death globally, and is responsible for an estimated 9.6 million deaths in 2018. Globally, about 1 in 6 deaths is due to cancer.

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● Approximately 70% of deaths from cancer occur in low- and middle-income countries. ● Around one third of deaths from cancer are due to the 5 leading behavioral and dietary risks: high body mass index, low fruit and vegetable intake, lack of physical activity, tobacco use, and alcohol use. ● Tobacco use is the most important risk factor for cancer and is responsible for approximately 22% of cancer deaths. ● Cancer causing infections, such as hepatitis and human papilloma virus (HPV), are responsible for up to 25% of cancer cases in low- and middle-income countries. Facts With respect to India ● The incidence, or the number of newly diagnosed cases of cancer annually, is about 16 lakh. ● The disease kills 8 lakh people annually. ● Among these are 140,000 fresh cases of breast cancer, 100,000 cervical cancer cases, and 45,000 cases of oral cancer among women. ● Among men, the top three cancers with the highest incidence are those in the oral cavity (1, 38,000 cases), cancer of the pharynx (90,000) and those of the gastro- intestinal tract (2, 00,000).

Committee Recommendation ● It recommended a ‘Hub and Spoke Model’ proposed by the Tata Memorial Centre (TMC) to better reach out to cancer patients nationally. This approach is already in practice in Punjab. ● One hub would ideally cover about 4 crore patients and a spoke from 50 lakh-1 crore patients annually. Therefore, about 30 hubs and 130 spokes would be needed to be created to bridge the gaps in access to cancer treatment.

Learning Poverty

The World Bank introduced an ambitious new Learning Target, which aims to cut by at least half the global rate of Learning Poverty by 2030.

Learning poverty - According to the World Bank, Learning poverty means being unable to read and understand a simple (age-appropriate) text by age 10.

The World Bank estimates that 53 per cent of children in low- and middle-income countries cannot read and understand a simple story by the end of primary school.

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Significance of this report: ● It is a sign that global learning goals and other sustainable goals (SDG4) are in jeopardy. ● “Shaky foundation”: the report highlights the importance of foundation. If the foundation is shaky and not strong, the whole structure of learning will collapse. ● Gateway to all other learning outcomes: Reading and learning both are equally important. If children are not able to read properly according to their age, the other layers of learning suffers. ● Effect of learning poverty on other domains: It is also associated with the mastery of other cognitive domains like science, math and humanities. Finally, it is critical to acquire the skills of creative thinking and computational skills, allowing the expression and communication of ideas across time and space. India and the learning poverty: ● According to ASER (2018), only 50.3% of class 5 children in rural India could read a class 2 level text. ● ASER 2018- Reading ✔ Std III- The percentage of all children in Std III who can read a Std II level has increased from 21.6% in 2013 to 27.2% in 2018. ✔ Std V- In 2018, 50.3% of Children enrolled in Std V can read at least a Std II level text. This figure has inched up from 47.9% in 2016 ✔ Std VIII- ASER 2018 data indicates that of all children enrolled in Std VIII in India, about 73% can read at least a Std II level text. This number is unchanged from 2016.

● In 2012 planning commission acknowledged for the first time that there was a problem with learning outcomes.

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Steps needed to reduce Learning poverty: Cutting learning poverty by at least half is feasible but requires large political, financial and managerial commitments and a whole of government approach. ● A refreshed education approach to strengthen entire education systems. ● Five pillars to improve Learning outcome:

● Improve School and Classroom Environment: ✔ Physical Environment ✔ Social Environment ✔ Teacher-child relationship ✔ Teacher-teacher relationship ✔ Sensitive treatment of children from special focus groups ✔ Participation of the community in school activities ✔ Pre-school facilities ✔ Facilities available for health check-up/ follow up measures ● Make the problem visible: Regular assessments are needed to measure progress in learning and make the current levels visible in a way that can be understood widely. India should participate regularly in international assessments like Trends in International Mathematics and Science Study and the Programme for International Student Assessment so as to set goals and benchmark its performance and progress. ● Establish a reading mission: If we can ensure that 80% of our children can read and write well in any one language by the time they are nine years old, we would have solved 80% of our educational problems. ● Specialised training programmes need to be created for teachers on reading skill development and measurement. Reducing learning poverty is important to achieve (SDG) 4 “ensuring free, equitable and quality primary and secondary education for all” by 2030”.

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NCR Regional Plan

Setting the goals of enhancing liveability, economic activity and sustainability of the National Capital Region, the process of preparing a 20-year plan — the NCR Regional Plan 2041 — by September 2021 was kick-started by the government recently. ● The National Capital Region Planning Board (NCRPB) is tasked with the task of preparation of this regional plan. The regional plan would have to be drafted keeping citizens at the center. ● Improving the ranking of NCR cities on the ease of living index, boosting economic activity and opportunity, and furthering sustainability, would be the focus of the planning process. NCR region ● The population of the NCR, which comprises Delhi, 13 districts of Haryana, nine of Uttar Pradesh and two of Rajasthan, spread over 55,083 sq. km, was expected to increase from six crore now to 11 crores in 2041.

● Population, the NCR would have a population similar to some countries like France and Italy. The NCR Regional Plan 2021, which was supposed to guide the development of the region from 2001 until 2021, was only notified in 2005. ● Apart from boosting employment overall, there was also a need to integrate rural and urban sections of the NCR. ● The concept of a natural conservation zone that was introduced in the 2021 plan for the first time needed to be made more effective. National Capital Region Planning Board (NCRPB) was constituted by an Act of Parliament in 1985, as a statutory body under the Ministry of Housing & Urban Affairs, Govt. of India. It is tasked to evolve policies for the control of land-uses and development of infrastructure in the region so as to avoid any haphazard development.

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Road Accidents in India-2018

The Ministry of Road Transport and Highways released the annual report on road accidents in India. Key Findings ● More than 1.5 lakh people lost their lives in road crashes in the country in 2018, registering an increase of 2.4% as compared to the year before. ● India witnessed 53 crashes and loss of 17 lives every hour. ● Road traffic injuries constitute the eighth leading cause of deaths in India in 2018. ● The annual report also reveals that of the total people killed in road crash deaths in 2018, 48% were between 18 years and 35 years old. ● Minors involved in road crash deaths were at 6.6% of the total deaths. ● Not wearing helmets and seat belts are not causes of crashes, but are critical for avoiding grievous injuries and fatalities, according to the report. ● Among the States, Tamil Nadu (13.7%) topped the country in terms of the total number of road crashes. ● A lot of States that have opposed the implementation of the Motor Vehicles Amendment Act or have reduced the fines are amongst the States with the highest road crash fatalities. Example: Uttar Pradesh, Gujarat and Uttarakhand The latest data highlights the urgent need on part of the States to implement key road safety provisions of the Motor Vehicles Amendment Act, 2019.

Water Quality in Major Indian Cities The report of the Bureau of Indian Standards under Ministry of Consumer Affairs, Food and Public Distribution has red-flagged tap water quality in major Indian cities.

Findings of Report: ● Delhi has abysmal water quality, Chennai and Kolkata rank very low, and Mumbai is the only city with acceptable results. ● Delhi’s tap water is the most unsafe among 21 State capitals. ● In 13 cities, including Kolkata, Chennai, Bengaluru, Jaipur and Lucknow, all tested samples failed to meet the BIS norms for piped drinking water. ● City water systems are not complying with national standard for drinking water - IS 10500:2012 89

Reasons for poor water quality: ● Lack of accountability of the official agencies as it is mandatory for bottled water manufacturers to meet quality standards while it is voluntary for the public agencies which supply and distribute piped water ● Absence of robust data in the public domain on quality testing ● There is high dependence on groundwater in fast-growing urban clusters where State provision of piped water systems does not exist and this water is highly polluted. ● This can also be attributed, partly to the expanding footprint of packaged drinking water as this water works as an alternative owing to which lesser complaints are lodged regarding poor water quality.

Way Ahead: ● Need is to make agencies legally binding to achieve the standards and empowering consumers with rights is also essential for encouraging State governments to take an integrated view of housing, water supply, sanitation and waste management. ● A scientific approach to water management is vital, considering that 21 cities — including many of those found to have unclean tap water — could run out of groundwater as early as 2020, as per a NITI Aayog report ● There is a need to entrust a separate agency with the task of regular testing in each State, rather than relying on the same agency that provides water to also perform this function ● Data on water must be made public on the same lines as air quality as it would ratchet up pressure on governments to act ● Prudent and Timely implementation of Jal Jeevan Mission is needed under which aim is to provide safe piped water to all households by 2024.

About Jal Jeevan Mission: ● It is aimed at ensuring India’s water security by providing access to safe and adequate drinking water to all Indians by 2024. ● Mission is based on various water conservation efforts like point recharge, desilting of minor irrigation tanks, use of greywater for agriculture and source sustainability ● It will converge with other Central and State Government Schemes to achieve its objectives of sustainable water supply management across the country ● Under this states are appealed to generate maximum community participation in the form of ‘Jan Andolan’ to achieve the target of functional household tap connection by 2024 ● The mission comes under the purview of Jal Shakti Ministry.

Conclusion: For too long, the response of water departments to the challenge has been to chlorinate the supply, as this removes pathogens, ignoring aspects like appearance, smell and taste. It is time to move beyond this and make tap water genuinely desirable.

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SECURITY

Air Independent Propulsion (AIP) System

The indigenous Air Independent Propulsion (AIP) system to enhance the endurance of conventional submarines being developed by the Defence Research and Development Organization (DRDO) reached a milestone with the successful operation of a land-based prototype. All Scorpene submarines of the Navy are planned to be equipped with an AIP module in due course. What is AIP? Air-independent propulsion (AIP) is any marine propulsion technology that allows a non- nuclear submarine to operate without access to atmospheric oxygen (by surfacing or using a snorkel). AIP can augment or replace the diesel-electric propulsion system of non-nuclear vessels. ● Air Independent Propulsion (AIP) has a force multiplier effect on lethality of a diesel electric submarine as it enhances the submerged endurance of the boat, several folds. ● Fuel cell-based AIP has merits in performance compared to other technologies.

Role of AIP A modern Diesel-Electric submarines remain submerged for 4 to 5 days. They have to come to periscope level to carry out an activity called “snorkeling”. This is done to recharge their batteries. The AIP increases their underwater endurance and allows them to stay underwater for weeks together.

NATGRID

The Lok Sabha was informed that the ambitious National Intelligence Grid (NATGRID) project will be operational by December 31, 2020. What is the NATGRID? ● NATGRID is an ambitious counter terrorism Programme, which will utilise technologies like Big Data and analytics to study and analyse the huge amounts of data from various intelligence and enforcement agencies to help track suspected terrorists and prevent terrorist attacks. ● A post Mumbai 26/11 attack measure, NATGRID aims to mitigate a vital deficiency lack of real time information, which was considered to be one of the major hurdles in detecting US terror suspect David Headley's movement across the country during his multiple visits between 2006 and 2009. ● NATGRID's data sources include records related to immigration entry and exit, banking and financial transactions and telecommunications. ● The agencies concerned include the Intelligence Bureau, local police and revenue and customs departments.

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● The NATGRID, will connect, in different phases, data providing organisations and users besides developing a legal structure through which information can be accessed by the law enforcement agencies. ● In the first phase, 10 user agencies and 21 service providers will be connected, while in later phases about 950 additional organisations will be connected. In subsequent years, over 1,000 additional organisations will be connected. While the clearance for the Rs 3,400-crore project from the Cabinet Committee on Security (CCS) came in 2011, execution of the project slowed down after the exit of the then home minister P Chidambaram in July 2012.

Tiger Triumph: India-U.S. Disaster relief exercise

India and the US conducted joint exercise on humanitarian assistance and disaster relief (HADR) to strengthen the bilateral relationship and defence cooperation. About the exercise: ● The opening ceremony was held on board INS Jalashwa. INS Jalashwa is an amphibious transport dock currently in service with the Indian Navy. INS Jalashwa is the only Indian naval ship to be acquired from the United States.

Significance of Tiger Triumph: ● It will develop interoperability for conducting HADR operations. ● It will further strengthen India and US defence partnership. ● It shows American political will on enhancing US-India defence ties. It is significant for “free and open” Indo-Pacific- both India and the USA are giving importance to “free and open” Indo-Pacific – wherein the US and India are envisaged as “the two bookends of stability”.

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SCIENCE & TECHNOLOGY

Guidelines for Evaluation of Nanopharmaceuticals in India

The Union government has released “Guidelines for Evaluation of Nanopharmaceuticals in India.

The Guidelines are developed by the Department of Biotechnology (DBT), Ministry of Science and Technology, Indian Council of Medical Research (ICMR) and Central Drugs Standard Control Organization (CDSCO), Ministry of Health.

The guidelines apply to the nanopharmaceuticals in the form of finished formulation as well as Active Pharmaceutical Ingredient (API) of a new molecule or an already approved molecule with altered nanoscale dimensions intended to be used for treatment or prevention of diseases.

Significance

● These guidelines are intended to provide transparent regulatory pathways for nanopharmaceuticals in India. ● It would facilitate translational research in line with the regulatory requirements. Facilitate translational research in line with the regulatory requirements. ● It would facilitate the decision making by regulator during clearances to newer products based on nanotechnology and similarly to researchers to get clearance for their products to launch in the market. ● End users will also be benefited by the quality assured anticipated products in the market in accordance to the guidelines. It will pave the way for significant benefits through such cutting edge technology and contribute to the mission of “Affordable Health Care for All”.

Nanopharmaceuticals are a relatively new class of therapeutic-containing nanomaterials that often have unique " nano properties" (physicochemical properties) due to their small size (compared with their bulk- phase counterparts) a high surface-to-volume ratio and the possibility of modulating their properties.

Nanoscience is the study of materials, which are in nanoscale range. Conversion of any material in nanoscale results in alteration of its physicochemical, biological, mechanical, optical, electronic and other properties.

The nanomaterial is generally defined as material having particle size in the range of 1 to 100 nm in at least one dimension.

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Long-standing conundrum on the Sun’s atmosphere solved

An international team of researchers of Peking University, China; including one at Indian Institute of Astrophysics, Bengaluru, has unravelled why the Sun’s atmosphere is hotter than its surface.

Background: ● The temperature at the core of the Sun is nearly 15 million degrees Celsius, while that at its surface layer, known as the photosphere, is merely 5,700 degrees C. ● The natural thing to expect is that still further outwards, in its atmosphere, known as the corona, the temperatures would be comparable to that at the surface (photosphere). ● However, the temperature of the corona is much higher. It starts increasing outside the photosphere, reaching a value of about one million degrees or more in the corona. This is called Corona’s Heating Puzzle.

Spicules in the Sun: ● The key to the puzzle lies in geyser-like jets known as solar spicules that emanate from the interface of the corona and the photosphere. ● While in a photograph these look like tiny hairlike projections, they are in fact 200-500 kilometres wide and shoot up to heights of about 5,000 km above the solar surface. ● It has been suspected that these spicules act as conduits through which mass and energy from the lower atmosphere bypass the photosphere and reach the corona. 94

● The present study, has deciphered how these spicules form and also shows that they act as conduits through which hot plasma is carried into the corona region.

Winter-Grade Diesel

The first batch of special winter-grade diesel for the high-altitude regions of Ladakh that can withstand extremely low temperatures during the winter months been flagged off from Panipat Refinery to ladakh. The fuel is developed by Indian Oil Corporation (IOC).

Need for Special Fuel: ● Fuel is developed for motorists as they face the problem of freezing of diesel in their vehicles when winter temperatures reach -30 deg Celsius in high-altitude sectors like Ladakh, Kargil, Kaza and Keylong ● Regular diesel fuel contains paraffin wax which is added for improving viscosity and lubrication. At low temperatures, the paraffin wax thickens or “gels” and hinders the flow of the fuel in the car engine. ● Special types of diesel are thus used at low temperatures that contain additives enabling the fuel to remain fluid in such conditions.

Significance of New Fuel: ● The winter-grade diesel developed by IOC has a low pour point (the temperature below which the liquid loses its flow characteristics) of -33° Celsius, making it capable of withstanding the extreme winter weather conditions in Ladakh. ● It would reduce the hardships faced by the local people for transportation and mobility during winter months. ● It will also facilitate the local economy and tourism.

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DIVERSITY, ART & CULTURE

Lala Lajpat Rai (1865-1928)

November 17 was the death anniversary of Lala Lajpat Rai, the firebrand Indian nationalist leader affectionately called ‘Punjab Kesari’. He died at Lahore in 1928 after he was attacked by police during a protest rally against the Simon Commission.

About Lala Lajpat Rai: ● Born at Dhudike near Ludhiana in Punjab in 1865. ● Lala Lajpat Rai was a multi-faceted personality and led a life of ceaseless activity dedicated to selfless service to the nation. ● He became a follower of Dayanand Saraswati, the founder of the Arya Samaj. ● In 1881, he joined the Indian National Congress at the age of 16. ● In 1885, Rai established the Dayanand Anglo-Vedic School in Lahore and remained a committed educationist throughout his life. ● In 1907, colonial authorities deported Lala Lajpat Rai to Mandalay in present-day Myanmar without trial. Role of Lala Lajpat Rai in India's independence movement: ● Hindu Relief Movement: He founded Hindu Relief movement in 1897 to provide help to the famine -stricken people and thus preventing them falling into the clutches of the . ● Swadeshi movement: along with Tilak, and Bipin Chandra Pal (called Lal-Bal-Pal), He advocated the use of Swadeshi goods and mass agitation in the aftermath of the controversial Partition of Bengal in 1905 by Lord Curzon. ● Indian Home Rule League of America in New York City in 1917: He founded Indian Home Rule League of America during his stay (1913-1920) in Japan, England, and the United States. ● Indian National Congress: He was elected President of the Indian National Congress during its Special Session in Kolkata (1920), which saw the launch of Mahatma Gandhi’s Non-cooperation Movement. He was also elected as the President of the All India Trade Union Congress. He was actively associated with the Hindu Mahasabha, which had leaders like Madan Mohan Malaviya. ● Simon Commission: Rai was among the leaders of the movement who opposed the Commission and was severely lathi-charged during a protest in Lahore on October 30, 1928. Lajpat Rai led non-violent march in protest against it. Rai famously said “The blows struck at me today will be the last nails in the coffin of British rule in India.” ● Lala Lajpat Rai’s important works include: ✔ ‘The Arya Samaj’ ✔ ‘Young India’ ✔ ‘England’s Debt to India’ ✔ ‘Evolution of Japan’ ✔ ‘India’s Will to Freedom’ ✔ ‘Message of the Bhagwad Gita’ ✔ ‘Political Future of India’ 96

✔ ‘Problem of National Education in India’ ✔ ‘The Depressed Glasses’, and the travelogue ‘United States of America’. ● He founded the Punjab National Bank, the Lakshmi Insurance Company and the Servants of the People’s Society at Lahore. Simon commission: The Indian Statutory Commission ● Group of 7 lawmakers arrived in India to study the implementation of the Government of India Act, 1919. It came to be known as the Simon Commission after its chairman Sir John Simon. ● Congress, Muslim League boycotted it. However, Justice Party sided with the government. Why it was opposed? ● No Indian representation in the commission: The Commission was composed entirely of British members with not a single Indian member being included in it. This was seen as an insult to Indians who were right in saying that their destiny could not be determined by a bunch of British people alone.

Keeladi: Unearthing the 'Vaigai Valley' Civilisation of Sangam era The recent excavations conducted in Kodumanal and Porunthal, have brought about a sea-change in our understanding of the archaeological developments in Tamil Nadu. Findings during keeladi excavations in September proved that history of Sangam era earlier considered as old as 3rd century BC, is as old as the 6th century BC. Need of the further excavations: ● Link between Keeladi and Indus Valley period: To establish a direct link between the Sangam era and the Indus Valley civilisation. ● Active urban life : ASI unearthed large-scale brick structures and associated artefacts of high value which suggests an active urban life in 6th century BC. Vaigai valley civilisation: socio –economic conditions ● Cultural gap of 1000 years between vagai civilisation and Indus valley civilization: his cultural gap is generally filled with Iron Age material in south India. The graffiti marks encountered in Iron Age sites of south India serve as the only residual links between the Indus Valley Civilisation and south India. ● No religious worship found. ● Industrious and advanced civilisation: Existence of industrial units,Structures that could have been used to convey molten metal or filter liquid strongly point to the existence of people who were involved in industrial work.

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● Literacy: learnt art of writing as early as 6th Century BCE. The letters engraved on pots that clearly demonstrate the “high literacy level of the contemporary society that survived in 6th century BCE.” The Tamil Brahmi script, found engraved on the outer surface or the shoulder of black and red earthenware in Keeladi, carries personal names. ● Trade: A few pottery samples of 2nd century BCE do contain earth content similar to that of other regions, thereby suggesting that they exchanged goods with neighbouring regions. Urban civilisation, with brick structures, luxury items and proof of internal and external trade. ● Occupation: The antiquities suggest that the prime occupation of the people of Keeladi was agriculture, which was supplemented by the iron industry, carpentry, pottery-making and weaving. Samples of animal skeletal fragments suggests the habitants were predominantly cattle-rearing people. The hump of the Bos indicus species is referred to as timil in Tamil literature, which later came to be known as timil. The grandeur of this species, which was also present in the Indus Valley, lies in its hump.

Significance of keeladi: A sophisticated urban settlement ● It has given evidence of urban life and settlements in Tamil Nadu during the Early Historic Period. ● Keeladi has added greatly to the credibility of Sangam Literature. ● Conch shell: Typical of the Indus Valley civilisation, and which seems to have been in extensive use in Indus cities, was obtained from [the] south-east coast of the Madras Presidency. ● Most significant finding is the continuous brick structure that runs over 340 metres ● Bos indicus: Is also the icon of the ancient sport eru thazhuvuthal or eru anaithal (embracing the bull), which was prevalent in villages around Keeladi,now practised as jallikattu. ● Analysis of construction material: every specimen contained elements like silica, lime, iron, aluminium and magnesium. ● Pottery: the potters of Keeladi were familiar with the technique [of using carbon material for black colour and hematite for red] and knew the art of raising the kiln temperature to 1100°C to produce the typical black-and-red ware pottery. ● Added value to the discipline of archaeology. Sangam period is the period of history of ancient Tamil Nadu and Kerala (known as Tamilakam) spanning from c. 6th century BCE to c. 1st century CE.It is named after the famous Sangam academies of poets and scholars centered in the city of Madurai.

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Sangam Literature Classification

Based on period of composition

● Patinenmelkanakku

✔ Works composed between 200 BCE to 100 BCE ✔ Oldest surviving Tamil poetry ● Patinenkilkanakku ✔ Works composed between 100 CE and 500 CE ✔ Collection of 18 poetry compositions ✔ Mostly composed before the age of the Pallavas ✔ Chief works include Thirukkural, Palamoli, naladiyar, etc. Based on the context and interpretation ● Aham (Inner) ✔ Abstract discussion on human aspects such as love, sexual relations, etc. ● Puram (outer) ✔ Human experiences such as heroism, customs, social life, ethics, philanthropy, etc.

Sangam Time span No. of Poets Kingdom Books

First 4440 years 549 Pandiya No books survived

Second 3700 years 1700 Pandiya Tolkāppiyam (author - Tolkāppiyar)

Third 1850 years Pandiya covers entire corpus of Sangam Literature

TIPU SULTAN

The Karnataka government wants to "remove" Tipu Sultan from textbooks. Karnataka Chief Minister B S Yediyurappa has announced that his government “is trying to remove Tipu Sultan’s history lessons from textbooks in the state”. Such topics “must not find a place in textbooks”.

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About Tipu

Tipu was the son of Haider Ali, a professional soldier who climbed the ranks in the army of the Wodeyar king of Mysore, and ultimately took power in 1761. Tipu was born in 1750 and, as a 17- year-old, fought in the first Anglo-Mysore War (1767-69) and subsequently, against the Marathas and in the Second Anglo-Mysore War (1780-84).

● Tipu reorganised his army along European lines, using new technology, including what is considered the first war rocket. ● He devised a land revenue system based on detailed surveys and classification, in which the tax was imposed directly on the peasant, and collected through salaried agents in cash, widening the state’s resource base. ● He modernised agriculture, gave tax breaks for developing wasteland, built irrigation infrastructure and repaired old dams, and promoted agricultural manufacturing and sericulture. ● He built a navy to support trade, and commissioned a “state commercial corporation” to set up factories. ● As Mysore traded in sandalwood, silk, spices, rice and sulphur, some 30 trading outposts were established across Tipu’s dominions and overseas. ● He fought the forces of the Company four times during 1767-99. ● Tipu defeated the East India Company in wars, allied with the French to frustrate the attempts of the British to control the politics of the Deccan and Carnatic, and sought to challenge the vital trading interests of the Company.

Two Different perspectives: Efficient administrator: ● He was Powerful challenger to the British East India Company who died heroically on the battlefield. Tipu has been judged favorably in the mainstream narrative of Indian history. ● Tolerant: Tipu signing off on large land grants to several temples, including the famous Krishna shrine at Guruvayoor. Several soldiers and local chieftains belonging to the upper-caste Nair community found a place in his army, and were rewarded with land pouches. ● Agent of social change: The direct rule of Mysore was marked by extensive land reforms, due to which local landless Muslims and lower-caste Hindus benefited the most. ✔ Land revenue system was also strengthened by Hyder ali and Tipu in Malabar. ✔ Tipu’s rule is said to have brought instant relief to communities who had suffered tremendously under the yoke of upper-caste Namboodiris and Nairs, who owned much of the land at the time. ✔ Tipu Sultan is the fearless “Tiger of Mysore”, a powerful bulwark against colonialism, and a great son of Karnataka. ✔ Tipu has been seen as a man of imagination and courage, a brilliant military strategist. ✔ In a short reign of 17 years, mounted the most serious challenge the East India Company faced in India.

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Tyrant ● Tipu ill-treated people belonging to other faiths, and his armies committed atrocities on the people of territories he conquered or annexed — such as Malabar in present-day Kerala and Kodagu in Karnataka. ● Tipu allowed the untrammelled plunder of temples and churches, imposed hefty taxes on locals, ordered religious conversions of those whom he subjugated, and disregarded local customs of upper-caste Hindu communities. ● Both Tipu and his father Haider Ali had strong territorial ambitions, and invaded and annexed territories outside Mysore. Haider annexed Malabar and Kozhikode, and conquered Kodagu, Thrissur and Kochi. ● In all these places he burnt down entire towns and villages, razed hundreds of temples and churches, forcibly converted Hindus, destroyed places of worship, forced “infidels” to convert to Islam.

It is important to know that much of the criticism is provided by colonial historians. There is also evidence that he patronized Hindu temples and priests, and gave them grants and gifts. He donated to temples at Nanjangud, Kanchi and Kalale, and patronised the Sringeri mutt. Tipu battled nearly all powers in the region, irrespective of the faith of his opponents.

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PIB CORNER

Bhartiya Poshan Krishi Kosh

The Union Ministry of Women and Child Development (WCD) announced Bhartiya Poshan Krishi Kosh (BPKK) recently. Objective ● The Bharatiya Poshan Krishi Kosh aims to promote and reinforce healthy dietary practices both at the individual and community level and tackle malnutrition in a sustainable manner. ● The BPKK will be a repository of diverse crops across 128 agro-climatic zones in India for better nutritional outcomes. The five-point action programme 1. Ensure calorie rich diet for women, especially pregnant women and children. 2. Ensure protein intake in form of pulses to eradicate protein hunger among women and children. 3. Eradicate hidden hunger due to micro-nutrient deficiency such as vitamin A, vitamin B, Iron and Zinc. 4. Ensure supply of clean drinking water. 5. Spreading nutrition literacy in every village, especially among women with children less than 100 days’ old. How need for Bhartiya Poshan Krishi Kosh emerged? The Government of India’s efforts towards better nutrition has revolved around providing nutritional supplement and other supply side schemes. However, two other approaches are required to complement the Government’s efforts to promote healthy dietary practices. 1. One, addressing the challenge of malnutrition at such a vast scale requires a basic understanding of the social, behavioral and cultural practices that promote and reinforce healthy dietary behaviors both at the individual and community level including the variation in such practices across India. 2. Two, creating the first ever database that links relevant agro-food system data at the district, with an aim to map the diversity of native crop varieties that will be more cost-effective and sustainable over the long run. The database under Bhartiya Poshan Krishi Kosh 1. At the request of the Ministry of WCD the Harvard Chan School of Public Health through its India Research Center and the Bill and Melinda Gates Foundation will; ● Document and evaluate promising regional dietary practices and the messaging around them and ● Develop a food atlas on regional agro-food systems. Both efforts are aimed at mobilizing the diverse sectors of the society. 2. In consultation with Ministry of WCD and Bill & Melinda Gates Foundation, the project team will; ● Select around 12 high focus states which are representative of the geographical, social, economic, cultural and structural diversities of India.

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● In each of the states or group of states the team will identify a local partner organization which has relevant work experience in Social and Behavior Change Communication (SBCC) and nutrition for developing the food atlas.

Harmonised System (HS) code for Khadi The Ministry of Commerce and Industry has allocated a separate Harmonised System (HS) code for Khadi. In the coming years, a move expected to boost Khadi exports. Now the code issued by the central government on November 04, 2019 will categorize KVIC products in exports. Know the HS-Code ● The Harmonised System, or simply ‘HS’, is a six-digit identification code developed by the World Customs Organization (WCO). ● It is a multipurpose international product nomenclature used by 200 countries in the world. ● The system used as a basis for customs tariffs, gathering international trade statistics, making trade policies. ● The system helps in harmonizing customs and trade procedures, thus reducing costs in international trade. ● The system currently comprises of around 5,000 commodity groups, each identified by a unique six- digit code that has numbers arranged in a legal and logical structure. ● Of the six digits, the first two denote the HS Chapter, the next two give the HS heading, and the last two give the HS subheading. ● The HS Code for pineapple, for example, is 0804.30, which means it belongs to Chapter 08 (Edible fruit & nuts, peel of citrus/melons), Heading 04 (Dates, figs, pineapples, avocados, etc. fresh or dried), and Subheading 30 (Pineapples). Benefit of the Move ● In 2006, the government had given the MSME-controlled Khadi and Village Industries Commission (KVIC) the Export Promotion Council Status (EPCS). ● The absence of a separate HS code hindered Khadi from achieving its full potential, as its exports were difficult to categorize and calculate. ● The latest move is expected to help resolve this issue and also will boost the KVIC exports at a faster pace than earlier. ● Earlier, Khadi did not have its exclusive HS code. As a result, all the data regarding the export of this signature fabric used to come as a normal fabric under the textile head. Meaning of Khadi

During the pre-Independence time, the movement of Khadi manufacturing gained momentum under the leadership of Mahatma Gandhi - aimed to discourage the Indians from wearing foreign clothes.

● After independence, Khadi was reduced to a formal uniform of the political class, and along with its wearers, Khadi too lost its symbolic force. Its charm remained merely skin-deep.

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● In Gandhi's days, Khadi was a weapon of swadeshi, against the imported cloth. After independence, its importance is no less. Gandhi promoted Khadi because the hand-spun cloth was at the center of his vision for India's self-reliant economy.

Re-orientation of Khadi: In interior villages, where there are no job opportunities other than the rain- dependent agriculture, Khadi-spinning and similar economic activities can give people a means of livelihood. Now, the Indian government has taken up the task of making Khadi popular again. Taking serious notes of Khadi's relevance and its role in reducing the mass exodus to cities in search of jobs, Prime Minister gave a clarion call of making this signature fabric a mode to attain economic transformation in the nation.

ICEDASH & ATITHI for Custom Clearance Union Government has launched two new IT Initiatives - ICEDASH & ATITHI for improved monitoring and pace of Customs clearance of imported goods and facilitating arriving international passengers. ICEDASH ● ICEDASH is an Ease of Doing Business (EoDB) monitoring dashboard of the Indian Customs helping the public see the daily Customs clearance times of import cargo at various ports and airports. ● With ICEDASH, Indian Customs has taken a lead globally to provide an effective tool that helps businesses compare clearance times across ports and plan their logistics accordingly. ● This dashboard has been developed by CBIC in collaboration with NIC. ICEDASH can be accessed through the CBIC website.

ATITHI ● With ATITHI, CBIC has introduced an easy to use mobile app for international travelers to file the Customs declaration in advance. ● Passengers can use this app to file a declaration of dutiable items and currency with the Indian Customs even before boarding the flight to India. ATITHI is available on both iOS and Android.

Key-Benefits of the Initiative: ● Improving Global Ranking: The reform carried out by the CBIC will increase India’s global ranking in the Trading Across Border. ● Increase Transparency: Both ICEDASH and ATITHI would be key drivers for further improvement especially as they reduce interface and increase the transparency of Customs functioning. ● Encouraging Tourism: ATITHI would, in particular, create a tech-savvy image of India Customs and would encourage tourism and business travel to India. ● Better International Tourist Experience: ATITHI app will facilitate hassle-free and faster clearance by Customs at the airports and enhance the experience of international tourists and other visitors at our airports.

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RSTV CORNER

India- Saudi Arabia Relations

For the second time, Indian Prime Minister Narendra Modi travelled to Saudi Arabia to attend the Future Investment Summit held in Riyadh on October 29-31.

Key takeaways of the visit ● A principal takeaway from the visit includes the bilateral strategic compact with the signing of an MoU to establish a Strategic Partnership Council (SPC), headed jointly by PM Modi and Crown Prince Muhammad. It will enable the leadership at the highest-level in both countries to meet regularly and monitor progress in the ongoing initiatives/projects under the strategic partnership. ● The SPC will include important Ministers from both sides handling strategic portfolios. ● Other takeaways include Saudi ARAMCO’s participation in India’s Strategic Petroleum Reserve and a huge Saudi investment in Asia’s largest greenfield refinery in Raigad. ● The RuPay card has been launched, making Saudi Arabia the third country in the region, after Bahrain and the UAE, to join this digital platform that will help financial transactions by individuals, particularly expatriate Indian citizens.

About Indian Strategic Petroleum Reserves ● India has already built 5.33 million tons of underground reserves in three locations, which can meet about 10 days of the country’s oil needs. ● Delhi plans two new reserves with a combined capacity of 6.5 million tons, sufficient to cover for an additional 12 days. ● UAE has also contributed to the petroleum strategic reserves in India. About Future Investment Initiative ● Popularly called Davos in the Desert, it is part of Prince Mohammed’s efforts to rapidly transform Saudi economy under the “Vision 2030” that he unveiled in 2016. ● The ambition of Saudi Arabia is to diversify the Saudi economy from its historical reliance on the oil business and develop manufacturing and service sectors through liberalisation at home, and deeper integration with the world. ● It is also a kind of image-building exercise for MBS, the Saudi Crown Prince. Why MBS wants to diversify the Saudi economy? ● The USA, a net importer oil till a few years ago has turned a net exporter, following the shale oil revolution that has made the USA self-sufficient in oil. ● The USA’s strategic interest is no longer underpinned by the supply of oil. ● This decaying strategic compact and the rise of regional rivalry with Iran, has forced Saudi Arabia to diversify its strategic interests by its version of “Look East” policy by seeking greater trade, oil markets and investment opportunities in Asia. Present state of India- Saudi relations:

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● India’s growing importance in Saudi pivot Asia policy: Against the backdrop of Saudi Arabia’s deteriorating relations with the US and European nations, MBS, the crown prince of Saudi Arabia, is trying to signal his intent to align his country more closely with Asian powers, including China and India.

Why West is unhappy with Saudi Arabia? ● The murder of Saudi journalist Jammal Khashoggi and the Saudi-led war in Yemen have received a lot of flak from the international community.

● Aramco and the Abu Dhabi National Oil Company (ADNOC) are investing $44 billion to set up the Ratnagiri oil refinery in Maharashtra and SABIC is on the verge of acquiring a major share in a petrochemicals plant in India. ● With State run Saudi Aramco’s bid for a 25 percent stake in Reliance Industries, the oil giant is looking to establish a permanent foothold in India. ● The two nations are also looking to work on solar power and satellite technology. ● Bilateral trade between Riyadh and New Delhi currently stands at $28 billion, the linchpin of which is roughly 800,000 barrels of crude India imports from Saudi Arabia every day. ● The Middle East unit of India’s top refiner and fuel retailer, Indian Oil Corp, signed a preliminary deal with Saudi Arabia’s Al Jeri Transport Company for cooperation in the downstream sector, including setting up fuel stations in the kingdom. ● Saudi Arabia has also expressed interest in picking up the government’s stake in Bharat Petroleum Corporation (BPCL). Strategic relations: ● National security advisor Ajit Doval’s Saudi visited Saudi Arabia recently intensify security engagements as both sides remain concerned by the ongoing security situation in their respective regions. ● During the visit of Crown Prince Mohammed bin Salman to India, “Comprehensive Security Dialogue” at the national security adviser (NSA) level and a Joint Working Group on Counter- Terrorism was constituted. ● The two sides agreed to cooperate in producing “spare parts for naval and land systems. ● Saudi Arabia promised to share more intelligence to boost counterterrorism cooperation with India ● Enhancement of joint military training programs and exercises was agreed in the MoU signed in February 2014. ● Both Saudi Arabia and the UAE have shown full understanding of India’s action in Jammu and Kashmir and regard it as India’s internal matter. ● Also Saudi Arabia did not veto Pakistan’s inclusion on the Financial Action Task Force (FATF) grey list in February. ● Navies of both countries will hold their first joint naval exercises either toward the end of 2019 or at the beginning of next year. Evolution of Saudi-India ties ● India’s support for the Soviet Union’s 1979 invasion of Afghanistan and Saudi Arabia’s frequent expressions of solidarity with Pakistan engendered hostilities between India and Saudi Arabia during the Cold War, 106

● 2006 was a significant year for India — Saudi ties, with the landmark visit of late King Abdullah as the state guest for the country’s Republic Day celebrations and the subsequent signing of the ‘Delhi Declaration’, laying down the foundations for a review of relations. ● This was built upon significantly during the 2010 visit of Prime Minister Manmohan Singh to Riyadh, where the partnership was christened as a ‘strategic’ one with the signing of the reciprocal ‘Riyadh Declaration’ giving precedence to the defence and security realms. ● Indian Prime Minister Narendra Modi’s two trips have resulted in the expansion of Saudi Arabia’s oil exports to India, and an increase in the number of Indian guest workers finding employment in Saudi Arabia.

Significance of Saudi relations for India: ● Saudi Arabia’s special status in the Arab and Islamic worlds, its strategic location at the trijunction of Africa, Europe, and Asia, and its expansive investment capability are the driving factors for India-Saudi relations. ● Diaspora: India’s citizens make up the largest expatriate group in Saudi Arabia (3 million) as well as the gulf region (7-8 million). Further, the Indian diaspora in the region remits around $35 billion a year. ● Investment:Saudi Arabia is the 48th biggest investor in India.. Saudi Arabia has signed MoU with India on investing in the National Investment and Infrastructure Fund. ● Security: Because of the large number of workers of Indian origin working in the Middle East, security and stability in the region is of paramount importance for it. ● Energy interests: As Iran drops its positions as an oil supplier for India, as US sanctions tighten, Saudi Arabia will be an important partner for India’s energy needs. ● India’s Look West policy: Deepening engagement with Saudi Arabia and the UAE could be noted as a galvanizing point for India’s Link West policy. ● Overcoming the Pakistan factor: Strategic partnerships with Saudi Arabia and the UAE have also ensured that overlapping national interests override the Islamic card that Pakistan invokes, in pursuit of its hostile policy towards India, particularly on Jammu and Kashmir. ● Moderate Islam – ✔ MbS’s commitment to strengthen the moderate trends in Islam is positive news for the Indian subcontinent as it will help curbing radicalism. ✔ Some of the social reforms of the last three years include limiting the power of the religious police in public places, granting more rights to women, lifting the 35-year-old ban on cinema halls, letting restaurants play music and permitting large music concerts. ✔ Yoga schools are now flourishing in Saudi cities.

Significance of India relations for Saudi Arabia: ● India’s huge market: Saudi Arabia is trying to move away from oil and looking for new investment and economic opportunities in technology and infrastructure. Here, India offers a huge market with its growing middle class. ● India’s energy requirement: Saudi Arabia wants sought to fill the void left by the loss of Iran as a supplier of oil to India, owing to sanctions imposed by the USA. ● Diaspora’s valuable service: Over 26 lakhs Indians work in Saudi Arabia, providing valuable services to the Saudi economy and precious inward foreign exchange remittance to India.

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● Indian Muslims: With estimated Indian Muslim population of 200 million (the third-largest in the world), a friendship with India brings certain legitimacy to Saudi Arabia as well. Concerns: The sectarian-based conflicts and the proxy wars in middle-east ● They constantly weaken the Middle East’s security and stability make it extremely complex for India to stabilize its energy interests in the region, much less venture into new domains of engagements.

Yemen crisis: ● As the crisis escalated, the government carried out an evacuation operation in Yemen named Operation Rahat in 2015. Qatar crisis ● It erupted when nine countries including Saudi Arabia, the UAE, and Bahrain cut off all kinds of diplomatic ties with Qatar. ● India responded to the Qatar situation by stating it was an “internal matter of Gulf Cooperation Council. ● India also focused on its efforts to enable smooth and uninterrupted travel for the Indian diaspora in the country. Balancing between Saudi, Iran and Israel ● The fact that India has been one of the world’s fastest growing economies since the 2000s helped New Delhi get leverage in dealing with Saudi Arabia, Iran, and Israel simultaneously without being criticized by any countries. But still India needs to be cautious while forging friendship with Iran and Israel. ● PM Modi visited the capitals of all three power centres of Jews, Shia Muslims and Sunni Muslims alike. ✔ Terror suspects were deported from Saudi Arabia and the UAE; ✔ technological and defence partnerships were negotiated with Israel; and ✔ The Indian government came to the defence of India–Iran oil trade and the Chabahar investments amidst American pressure against Tehran.

Saudi Arabia’s main goal is halting Iranian influence in West Asia. This is because of 1. Sunni-Shia conflict, 2. Saudi Arabia being a monarchy, it sees Iran’s republicanism as a threat. Saudi monarchs expect to be in power forever, ● Attempts at balancing Islam, modernism and secularism in Turkey are similarly seen as a threat by Saudi Arabia. ● Iran sees the West as an enemy because it is strongly theocratic while Saudi Arabia will not give up close ties to the West

Saudi Cooperation with Pak-China ● China is Saudi Arabia’s largest trading partner. ● Riyadh, sustains an inefficient Pakistani economic infrastructure in return for Pakistani army providing security to Saudi Arabia and its royal family. 108

● Saudi Arabia’s $6 billion loan has been critical for Pakistan in recent months to allow it to negotiate with the IMF. ● Saudi Arabia’s entry into the CPEC: MBS has signed deals worth $10 billion for a refinery and petrochemical complex at Gwadar, which lies at the heart of the China-Pakistan Economic Corridor (CPEC) and is central to the broader Sino-Pak engagement on the Belt and Road Initiative. Way forward ● Anti-terrorism cooperation: ✔ While India continues to face cross-border terrorism (including seaborne threats), Saudi Arabia remains vulnerable to frequent missile and drone attacks including the strike on Aramco’s oil processing plant. ✔ This is an area where India’s expertise in fighting such threats could be imparted to the Saudi side. ● Cooperation in space technology: India could explore the possibility to engage with the newly established Saudi Space Agency. ● Maritime security: Saudi Arabia has interests to play a role in the Indian Ocean region, uplifting cooperation in the maritime security domain from the current status would be in the interest of both countries. ● Balancing with Iran: India must see Saudi Arabia as a vital partner, particularly in energy and defence, and simultaneously see Iran as a gateway to Central Asia.

Telecom Sector in India: Problems and Solutions

The Supreme Court of India upheld the Department of Telecom (DoT)’s interpretation of “adjusted gross revenue (AGR)’’.

The AGR is divided into spectrum usage charges and licensing fees, pegged between 3-5 percent and 8 percent respectively. As per DoT, the charges are calculated based on all revenues earned by a telco – including non-telecom related sources such as deposit interests and asset sales.

● This order has added to the stress of the telecom industry which is already reeling under a debt of over ₹4 lakh crore and has been seeking a relief package from the government. ● Vodafone Idea, India’s second largest telco by number of subscribers, reported a record net loss of ₹50,922 crore, the largest in Indian corporate history, in its self assessment. Background ● The Telecom Disputes Settlement Appellate Tribunal (TDSAT) upheld the DoT’s definition of AGR (factors against which the license fee is payable) with certain exemptions. ● The DoT, however, filed an appeal before the Supreme Court, citing that the TDSAT had no jurisdiction on the validity of terms and conditions of licenses. ● Telecom industry has sought an easier payment schedule for spectrum bought in previous auctions, the waiving of penalty and interest arising out of AGR dues, and a 14-year period to pay the principal amount of AGR dues.

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Current scenario of the Indian telecom sector: ● India holds the distinction of being the largest consumer of mobile data globally.

● Indian telecom sector’s gross revenue grew from US$ 32.05 billion in FY08 to US$ 33.97 billion in FY19. *Tele-density is defined as the number of telephone connections for every 100 individuals.

Structure of the Indian telecom sector

Challenges for Indian Telecom Sector ● Financial Health of the Sector: ✔ Gross revenue has dropped by 15% to 20% for the year 2017-18 over the preceding year for the incumbents and overall sector revenue has dropped.

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✔ It has forced the telcos towards debt crisis. ✔ BSNL crisis:Distressed telecom firms Mahanagar Telephone Nigam Ltd and BSNL have been incurring losses and have been facing problems in clearing staff salaries in the recent past. ● Rapidly Falling ARPU (Average Revenue Per User): The ARPU decline now is sharp and steady, which, combined with falling profits and in some cases serious losses, is prompting the Indian telecom industry to look at consolidation as the only way to boost revenues. ● Delays in the Roll Out of Innovative Products and Services: ✔ Substantial delays in the roll out of data based products and services are hampering the progress of telecom sectors. ✔ This is primarily due to the non-conducive environment resulting out of government policies and regulations. ● Low Broadband Penetration: ✔ As per white paper presented on broadband at the last ITU (International Telecommunication Union), broadband penetration in India is only 7%. ● Limited Spectrum Availability: ✔ Available spectrum is less than 40% as compared to European nations and 50% as compared to China. ✔ Also, government auction spectrum at an exorbitant cost which makes it difficult for mobile operators to provide services at reasonable speeds. ● High competition and tariff war: Competition heating up post entry of Reliance Jio. Other telecom players have to drop in tariff rates both for voice and data. ● Interconnect usage charge (IUC): Currently only calls made via wireless to wireless devices attract IUC in India.TRAI is considering bringing down termination charges due to cost efficiency due to the adoption of 4G technology. However only Jio has full-fledged 4G network with others still operating on legacy networks. ● Lack of Telecom Infrastructure in Semi-urban and Rural areas: Service providers have to incur huge initial fixed cost to enter semi-urban and rural areas due to lack of basic infrastructure like power and roads. ● Poor fixed line penetration: India has very little penetration of fixed line in its network whereas, most of the developed countries have a very high penetration of fixed lines ● High Right-of-Way (ROW) cost: Sometimes, states governments charge a huge amount for permitting the laying of fibre etc. ● Lack of trained personnel to operate and maintain the cellular infrastructure. ● Over the top services: Over the Top (OTT) applications such as WhatsApp, OLA, Viber and so on do not need permission or a pact with a telecommunications company. This hampers the revenue of telecommunication service provider. ● License fee: The license fee of eight per cent of the Adjusted Gross Revenue including five per cent as Universal Service Levy (USL) is one of the highest in the world. ● Substantial Investments in 4G Infrastructure: Telecom operators have already incurred huge capex to roll out 4G infrastructure. Rolling out of 4G infrastructure is critical for higher Internet speed in India.

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Govt. Initiatives

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● Department of Telecommunication launched ‘Tarang Sanchar’ - a web portal sharing information on mobile towers and EMF Emission Compliances. ● Six-fold increase in Government spending on telecommunications infrastructure and services in the country. ● Country-wide Optical Fibre Cable (OFC) coverage doubled – from 700,000 km to 1.4 million km. ● The Government of India has introduced Digital India programme under which all the sectors such as healthcare, retail, etc. will be connected through the internet. Committee of Secretaries to examine the financial stress in the sector: A Committee of Secretaries (CoS), setup recently headed by cabinet secretary to consider steps such as; ● A two-year moratorium on spectrum payments – for FY20 and FY21 – to ease the cash flow situation of telcos, ● Reductions in the Universal Service Obligation Fund (USOF) component of the licence fee, currently at 5% of AGR, and ● Spectrum usage charge (SUC), currently around 3% of AGR. Best Practices ● Monetizing data: Data accounts for only 35% of the revenues of Indian telcos despite the spike in volume. With an attempt to monetize this shift to a data-centric usage, operators across the globe are expanding their play in content by either partnering or investing in content ecosystems (creation, curation, distribution). ● Quad play: Telcos are also evolving from pure voice providers to triple play or quad play players integrating their voice, data and content offerings. It has boosted the ARPU by three times.

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Way Forward

● Need for smart villages: Penetration of rural markets (72% of population staying in rural areas) will be the key growth driver. ● Smart cities: The Government is planning to develop 100 smart city projects, where Internet of Things (IoT) would play a vital role. ● 5G: 5G will allow operators to move beyond connectivity and collaborate across sectors such as manufacturing, IoT, Machine-to-machine (M2M), and augmented and virtual reality (AR-VR) , business-to-business (B2B) and business-to-government (B2G) segments. ● Infrastructure Sharing: By sharing infrastructure, operators can optimize their capex, reduce losses and focus on providing new and innovative services to their subscribers. ● Availability of Affordable Smartphones and Lower Tariff Rates: This would increase tele penetration in rural areas. ● Curb on predatory pricing: the government should fix a minimum price to save the industry from price war ● Lower License fee: The license fee of eight per cent of the Adjusted Gross Revenue including five per cent as Universal Service Levy (USL) is one of the highest in the world. ● Reduce reserve price for spectrum auction: Make more spectrum available for data usage. This can be achieved through enhancement in spectrum limit. ● Optical fibre: The government should increase the network area through optical fibre instead of copper which is expensive. This is necessary to ensure last mile connectivity. ● R&D: The government should spend large on R&D and create an environment that makes India capable of manufacturing and exporting hardware components like mobile handsets, CCTV Cameras, touch screen monitors etc. Telcos are the only stakeholder, in an obvious path to full connectivity for the consumer. The path forward is leveraging this strength while navigating the potholes of regulation, changing technology and consumer dynamics.

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Merger of BSNL & MTNL The government has approved a merger and revival plan for the state-run telecommunication companies Bharat Sanchar Nigam Ltd (BSNL) and Mahanagar Telecom Nigam Ltd (MTNL). Both the companies are reeling under the pressure of mounting losses and increasing competition in the sector. MTNL provides telephony services in Delhi and Mumbai, while BSNL is present in the rest of the circles in the country. Key-Pronouncement ● The government has approved the ₹56,000 crore merger and revival plan for Bharat Sanchar Nigam Ltd (BSNL) and Mahanagar Telecom Nigam Ltd (MTNL). ● Under the package, 4G spectrum worth ₹20,000 crore will be administratively allotted to the two firms. ● In addition, assets worth ₹38,000 crore will be monetised over the next four years and a voluntary retirement scheme (VRS) will be introduced to cut employee costs.

Reasons Behind the Move ● The revival package for the two PSUs comes at a time when the telecom sector is facing financial stress due to stiff competition and reduction in tariffs. BSNL has been reporting losses continuously since 2009-10. ● The competition in the mobile segment, high employee costs and absence of 4G services (except in a few circles for BSNL) in the data-centric telecom market has progressively eroded the competitive strength of BSNL and MTNL.

Significance Revival proposal for the merged entity entails a four-pronged strategy —

● Administrative allotment of spectrum for 4G services (By leveraging this spectrum allotment, the telecom companies will be able to deliver 4G services and compete in the market) ● Debt restructuring by raising of bonds with sovereign guarantee extended by the Centre ● Reducing employee costs through a voluntary retirement scheme (VRS) ● Monetisation of assets

The revival plans come in the backdrop of the Indian economy battling a severe demand slowdown that has led to economic growth slowing to 5% in the quarter.

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YOJANA- SANITATION FOR A HEALTHY SOCIETY

Sanitation economy and dignity of the sanitation workers

● Sanitation Economy deals with the provisions of toilets, clean drinking water, elimination of waste, converting Waste into useful resources and digitisation of sanitation system. ● These provisions help to optimise data for operating efficiencies, maintenance, consumer use and health information insights. ● Sanitation has the potential to contribute in a big way to the growth and employment of many other sectors such as health, consumer goods and new and renewable energy. Status of Solid waste management ● The overall solid waste generated in the country has been estimated to be 1,52,076 Tons per day (TPD) as per the Annual Report 2018-19 submitted by the SPCBs/PCCs. ● Of this, 98.5% is collected and only 35% of waste is treated, 33% of waste is landfilled and 46,156 TPD of waste which is one-third of the total waste generated in the country remains unaccounted. ● Biomining(a method for stabilisation of waste so as to minimise its adverse environmental impact) of these dumpsites, has been initiated in 11 states. Government’s initiatives Towards Sanitation ● Swachh Bharat Mission - To achieve an Open Defecation Free (ODF) and clean India ● A new Ministry of Jal Shakti - It reorganised the existing ministries and departments. ● Jal Jeevan Mission (JJM) - To bring piped-water supply to all households (Har Ghar Jal) by 2024. ● A mission to curb Single use plastic - To avoid creation of 14 million tonnes of plastic waste. ● Dignity to sanitation workers (Safai Karamcharis & Manual Scavengers)  Changing the perception of the people towards the sanitation workers - Calling them “Safai wala” rather than “Kachrewala/Kudewala”.  Making cleanliness everybody’s business and awareness through eminent personalities. ● Legal protection for eliminating manual scavenging  The Prohibition of Employment of Manual Scavengers and their Rehabilitation Act, 2013 - to prohibit the employment of manual scavengers.  One time grant for identifying and converting the insanitary latrines - ₹12,000 (Jal Shakti ministry), and ₹4000 (MoHUA). ● Minimum wages, safe working conditions and pension benefits  The Code on Wages Bill, 2019. - To ensure minimum wages, safe working conditions and pension benefits.  The Code on Occupational Safety, Health and Working Conditions, 2019 - To ensure safe and healthy work environment.  Pradhan Mantri Shram Yogi Maan-dhan (PM-SYM) - A pension scheme to ensure old-age protection for unorganised workers, which will benefit the sanitation workers.  Under-preparation draft Social Security Code - To provide benefit to organised sector workers and vast unorganised sector workers. ● Housing Education, Financial Assistance and Skill Development Schemes 116

 Pradhan Mantri Awas Yojana - Gramin (PMAY) - Financial assistance for construction of new houses and upgradation of kutcha or dilapidated houses.  Pre-Matric Scholarship - The children of manual scavengers, tanners and flyers, waste pickers and those engaged in hazardous cleaning are provided scholarship between Rs. 225 to Rs. 700 per month for a period of 10 months in a year for pursuing their studies up to class 10th.  The National Safai Karamcharis Finance and Development Corporation (NSKFDC) - An Apex Corporation for the all-round socio-economic upliftment of the safai karamcharis, scavengers and their dependents by creating alternate means of livelihoods.  The Self-Employment Scheme for Rehabilitation of Manual Scavengers (SRMS) - Onetime cash assistance, Skill development training along with a stipend, and loans for sustainable livelihood. ● Protecting sanitation workers through Ayushman Bharat - The Pradhan Mantri Jan Arogya Yojana (PMJAY) will cover over 10.74 crore poor and deprived families providing coverage up to Rs. 5 lakh per family per year (on a family floater basis) for almost all secondary care and most of tertiary care hospitalisation, with no cap on family size.

Railway Stations’ Cleanliness Survey Report-2019 ● During an event to mark the 150th Birth Anniversary of Mahatma Gandhi in New Delhi Railway Station, the Railway Ministry has launched Cleanliness assessment of Non-suburban and Suburban Stations 2019. ● Key findings of the report:  Top three cleanest railways stations are from the western state of Rajasthan- Jaipur, Jodhpur and Durgapura. 7 out of top 10 cleanest railway stations were from Rajasthan.  In Delhi, Anand Vihar railway station was the cleanest one (26th rank).  Top three railway zones- North Western Railway followed by South East Central Railway and East Central Railway.  Andheri, Virar and Naigaon railway stations were the top three among 109 suburban stations. ● Various factors to determine the cleanliness: Set parameters, Passengers’ feedback, Direct observation by third-party assessors and Green-cover at stations. ● Recent Development related to cleanliness in Railway: Swachhata Pakhwada (16 September - 2 October) and Ban of Single-Use plastics. Source: Railway Stations’ Cleanliness Survey Report-2019

Challenges ● Segregation of waste at source by waste generators. ● Lack of infrastructure for collection and transportation of waste. ● Availability of land for setting up of waste collection and transportation facilities. ● Budgetary provisions for infrastructure and land. ● Techno-economically viable solutions for fresh & legacy waste. ● Management of legacy waste.

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● Rural areas not covered in most of the States/UTs ● Enforcement issues.

Legacy Waste: ● A “legacy waste” is defined as those wastes which are disposed at:  landfill sites at capacity  landfill sites scheduled for closure  legacy illegal dump sites  legacy hazardous waste sites ● At the time of closure a record of site specific information such as the site history (physical environment & operational environment) and remediation and closure plans need to be documented, retained and archived by the landfill manager. ● Example: Waste dumped at Bhalswa, Ghazipur and Okhla dumpsites in Delhi.

Way forward ● Maintaining ODF status. ● Robust monitoring mechanism at the district and Panchayat level. ● Circular economy for converting waste into resources. ● Achieving 100 percent in waste segregation, disposal and streamlining waste infrastructure. ● Prioritization and faster identification of insanitary latrines and manual scavengers. ● Effective rehabilitation mechanism for manual scavengers. ● Creating public awareness for involvement of different stakeholders for SWM. ● Development of ULB–wise action plan for collection, segregation, transportation and processing of waste. ● Giving fillip to research & development activities with a focus on resource recovery from waste ● Capacity building in various regimes of SWM ● Clear allocation of responsibility to ULBs and waste generators for setting up of infrastructure. ● Adequate technical support to ULBs for processing technology and practices in waste management ● Adequate voice to the sanitation workers through Trade Unions.

Swachh Survekshan 2020 League to Ensure Sustainability of Cleanliness in Urban India ● Launched by: the Ministry of Housing and Urban Affairs (MoHUA) ● It is a quarterly (Conducted in three Quarters - April-June, July-September and October- December 2019) cleanliness assessment of cities and towns in India. ● Each quarter will have a weightage of 2000 marks to be evaluated on the basis of monthly updation of SBM-U online MIS by cities along with citizen’s validation on the 12 service level progress indicators through outbound calls. ● Two categories of Rank: Cities with a population of one lakh and above and Cities with a population of less than 1 lakh. ● It will be integrated with Swachh Survekshan 2020 under the aegis of Swachh Bharat Mission- Urban (SBM-U). The 25% weightage of the quarterly assessments to be included in the annual survey in January 2020. ● The objectives:  To encourage large scale citizen participation

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 To ensure sustainability of initiatives taken towards garbage free and open defecation free cities  To provide credible outcomes validated by third party certification  To institutionalize existing systems through online processes  To create awareness amongst all sections of society about the importance of working together towards making towns and cities a better place to live in  To foster a spirit of healthy competition among towns and cities to improve their service delivery to citizens, towards creating cleaner cities. Source: Swachh Survekshan 2020 League to Ensure Sustainability of Cleanliness in Urban India

Gram Panchayats: Beyond ODF

History of Sanitation Programs: ● India signed the constitution of WHO in 1946 ● India was a signatory to the human right to water and sanitation since 2010 at UNGA. ● The Central Rural Sanitation Programme (CRSP) in 1986 ● The Total Sanitation Campaign (TSC) - the re-structured successor of CRSP in 1999. ● Nirmal gram puraskar - In 2005. ● Nirmal Bharat Abhiyan (NBA) was launched in 2012. Lessons that shaped Swachh Bharat Mission (SBM): ● Underutilised funds. ● More focus on Hardware than the behavioral change. The approach to SBM-G (launched on 2nd October 2014) ● More freedom in execution. ● Strong public and political willpower. ● Adequate funding. ● District-level flexibility in administering the necessary activities ● Campaigns to increase coverage, ● Improving the ratio of financial investment in hardware with strong investment in software (i.e. behaviour change communication) with the community-level outcomes. ● The Community Approaches to Sanitation (CAS) methodology. ● Prioritisation to Women headed, SCs and STs households ● Mainstreaming the WASH investments and interventions into existing budgetary considerations. ● Strengthening Gram Panchayats’ (GPs') ability to provide services. The SBM - A Global Benchmark For Participatory And Transformative Development: 1. Strategic Focus ● Political leadership: The Prime Minister himself has invested his personal political capital in the mission.

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● Public financing: Over Rs. 1 lakh crore was committed to ensure universal access to sanitation. About 90 percent of 10 crore households who received financial incentives to build and use toilets, were from socially and economically weaker sections of society. ● Partnerships: The SBM-G Partnered with implementers and influencers alike. This "all hands on deck" approach, making sanitation everyone's business, helped to mainstream it into the national consciousness. ● Peoples' participation: The SBM-G trained over half a million swachhagrahis, grassroot motivators, who triggered behaviour change in every village in India. A large-scale transformation can be truly successful if it captures the imagination of the people and becomes a people's movement or a Jan Andolan.

2. Administrative Focus ● Efficient on-ground implementation through a target - a sunset clause for the Mission- 2 October, 2019. A sunset clause brought with it a sense of urgency and accountability. ● Building a team of people who believed that the goal is achievable. ● Low-hanging fruits were targeted first - The districts with the highest sanitation coverage to become ODF on priority. This created a demonstration effect for others to learn from and created belief in the system. ● The SBM-G - It made sanitation glamorous by engaging extensively with the media, leaverging popular culture, and associating Bollywood stars, etc. ● The mission kept the buzz alive throughout its lifecycle through regular, large-scale events with the Prime Minister at important milestones, helping sanitation stay on top of public recall. Giving GPs the central role ● The national Gram Panchayat Development Plans (GPDP) guidance of 2018. ● SBM-G targets through progressive investment in GP leadership and ownership. ● Efforts to strengthen the 3 Fs available to GPs: Funds, Functionaries, and Functions. ● Achievement of safe sanitation target through the guidance issued by local representatives. ● A newly drafted 10-year Rural Sanitation Strategy (Sep’19) by MoJS. ● GPs at the centre of coordinating efforts to ensure that Solid and Liquid Waste Managements (SLWM) activities are taking place in all villages. ● To ensure the principle of 'subsidiarity' - 'decisions should always be taken at the lowest possible level or closest to where they will have their effect’. ● Locally sustainable options for off-site door-to-treatment services among rural communities. ● The launch of Jal Jeevan Mission - To provide drinking water to all households by 2024. ● It is important to converge sanitation programming with upcoming water supply work to ensure that water sources remain safe and uncontaminated and that sanitation services are sustained with water available. Way forward ● Menstrual waste management. ● Safe disposal of child faeces. ● Retro-fitting of pit-toilet models to make them functional and sustainable. ● Giving authority to the GPs. ● Sustaining the ODF status through continuous behavioral change campaign. 120

10-year Rural Sanitation Strategy (2019-2029) ● The Department of Drinking Water and Sanitation (DDWS), Ministry of Jal Shakti launched the 10 Year Rural Sanitation Strategy (2019-2029) ● It focuses on sustaining the sanitation behavior change that has been achieved under the Swachh Bharat Mission Gramin (SBM-G), ensuring that no one is left behind. ● It also focuses on increasing access to solid and liquid waste management. ● It lays down a framework to guide local governments, policy makers, implementers and other relevant stakeholders in their planning for ODF Plus. ● The strategy also speaks about potential collaborations with development partners, civil society and inter-government partnerships. ● It also highlights innovative models for sanitation financing. Source : 10-year Rural Sanitation Strategy (2019-2029)

Ek Bharat Shreshth Bharat Dhruv : A Unique Initiative For Talented Students 'Pradhan Mantri Innovative Learning Programme' ● A unique initiative of MHRD. ● It will act as a platform to explore the talent of outshining and meritorious students and help them achieve excellence in their specific areas of interest ● The area of interests may be science, performing arts, creative writing, etc. ● It has been started to identify and encourage talented children to enrich their skills and knowledge. ● In centres of excellence across the country, gifted children will be mentored and nurtured by renowned experts in different areas, so that they can reach their full potential. ● To begin with, the programme will cover two areas, i.e., Science and Performing Arts. There are 60 students in all from across the country, 30 from each area. The students have been broadly chosen from classes 9 to 12, from all schools including government and private.

AI-enabled mobile application for Swachh Bharat Mission ● An integrated Artificial Intelligence enabled integrated waste management Application: AI- enabled mSBM App. It was developed by NIC ● Launched by - The Ministry of Housing and Urban Affairs (MoHUA) along with the Swachh Survekshan-2020 Toolkit- “SBM Water Plus Protocol and Swachh Nagar”. ● Functions:  Facilitates The applicants of Individual Household Latrine (IHHL) under SBM-U to know the status of their application in real–time.  It also helps the applicant to upload the correct photo.

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 The app also helps the respective ULB nodal officer to verify & approve application.  It helps in significantly reducing the processing time for the applicants.

Sustaining Behavioural Change

● The SBM which was launched on 2 October 2014 succeeded in construction of over 10 crore toilets by 2 October 2019. ● Because of the enormous efforts in toilet constructions, about 6 lakh villages in approximately 700 districts in the country were declared open defecation free. ● A major feature of SBM was its demand–driven nature. The primary objective is to bring about collective behaviour change leading to the generation of demand for construction of toilets as well as to increase the use of toilets. Key Findings (‘Sustaining Behavioral Change’ - S.N.Biswas et al, Yojana, Nov’19) ● Hygienic kitchen as a separate place within the house is as important as having a toilet. ● All or some members of about 8% of the households are not using the toilet despite having access. ● Villages having piped source of drinking water were more likely to have both access to toilet and use of toilets. ● A female-headed households is more likely to use toilets than male-headed households. ● Self-employed non-agricultural household is less likely to continue open defecation. ● Access to other basic services increases the chances of having access to the toilet. ● An exclusive toilet is more likely to be used if the household has access to a dedicated water facility. ● The chances of open defecation increases if the distance of drinking water source is more than 400 meters from the premises instead of having a drinking water source within the dwelling. ● The chances of open defecation increases if the households have no access to the bathroom.Copyright © www.www.examrace.com ● Chances of open defecation reduce substantially when monthly household expenses cross Rs. 1000 ● With better economic condition & better living standards chances of building & using toilet increase.Copyright © www.www.examrace.com ● Awareness about Swachh Bharat Mission reduces chances of open defecation by 10%.

Challenges regarding Behavioural Change: ● The behavioural factors account for a lesser demand for construction and use of toilets than the other factors like - The design of the toilet, Availability of sanitation materials, Access to water and Political or Social leadership ● Many villages are not homogenous and are fragmented along caste and religious lines. ● Collective behaviour change in a village is easier when the whole village homogeneous but difficult when there are more conflicts. ● Caste-based notion of purity and pollution makes it difficult to construct pit latrines which requires emptying it in future. ● The challenge of behaviour change is often compounded by the diversity in Indian society. 122

● Lack of the Contextual understanding of the society among the policy-framers. ● The sanitation campaign usually becomes fruitless activities without having local knowledge into the fold. Recommendations: ● The present programme leaves a scope of the new adoptees to get back to their original behaviour. ● The programme may include the provision of more than one toilet for larger households. ● More emphasis may be given for information dissemination at the ground level. ● Improvement of sanitation is linked with other indicators of living conditions. Hence, it is important to have a better infrastructure at the household level as well as public service. ● Higher income of households with higher purchasing power for durable goods would lead to better living standards of living and thus sanitation practice. ● Emphasis on female literacy is imperative for better sanitation coverage.

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KURUKSHETRA - RURAL EDUCATION Policy and Planning Towards Rural Education

India lives in her villages - Mahatma Gandhi 66.46 % of India’s population resides in the village (The World Bank data - 2017). 68 % of Rural population are literate, as per Census 2011. Findings of NSS 71st Round (January-June 2014) It is conducted by the National Sample Survey Office (NSSO) under the Ministry of Statistics and Programme Implementation (MoSPI). ● Key findings are -

Sr. No. Features Rural Urban

1. Literacy (both 71 % of Rural Population 86 % of the urban population Men & Women)

2. Female literacy Relatively slower pace Picking up faster in Urban areas.

3. Availability of More than 90 % of Rural More than 90 % of Urban Household Primary School Household ( within 1 KM from House)

4. Existence of A far lower proportion of Relatively higher proportion of Secondary Schools households households

5. Gender Gap Stayed nearly the same in Narrowing in the Urban areas. literacy rate rural areas.

6. Reason for ‘never- ‘Not interested in ‘Financial Constraints’ enrolment’ for Education’ (33% male and 30 % female) persons (Ages 5-29 (33% male and 26% female) years)

7. Internet access Nearly 16% in Rural areas Nearly 49% in Urban areas among Household

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Findings of U-DISE report (2016-2017) - by MoHRD ● Total number of schools (Class I - Class XII) in India were 15.3 lakhs out of which nearly 12.97 lakh (84.46%) schools were in rural areas. ● Total enrolment in schools was 25.13 crore out of which 18.02(71.72%) crore was enrolment of students from rural areas. ● A major thrust on providing rural school infrastructure and stepping up school enrolments in rural areas through various schemes and interventions. The National Achievement Survey 2017 - by MoHRD ● Assess the attainment of competency-based learning outcomes in all 36 States/UTs. ● The learning outcomes - Similar in rural and urban school-going population. They are higher for rural students over urban ones for class 8th in Mathematics, Science and Social Science subjects. Government initiatives for Rural Areas - ● Expansion of Jawahar Navodaya Vidyalayas. ● Pan-India expansion of Samagra Siksha. ● Revamped Kasturba Gandhi Balika Vidyalayas (KGBV) Scheme. ● Improvements in quality of Mid-Day Meal Scheme. ● Unnat Bharat Abhiyan. ● Swachh Bharat: Swachh Vidyalaya. ● Swachh Bharat Summer Internship (2019). ● Revised Eklavya Model Residential School (EMRS) Scheme. ● National Initiative for School Heads and Teachers Holistic Advancement (NISHTHA) - To build capacities of 42 lakh elementary school level teachers, principals, block resource centre coordinators and cluster resource centre coordinators. ● Digital Initiatives - Operational digital blackboards, e-PATHSHALA, Diksha, MOOCs on SWAYAM Platform, SWAYAM PRABHA (Kishore Manch) DTH-TV Channels and National Digital Library of India (NDL) ● Atal Tinkering Lab (ATL) - It is a programme run by Atal Innovation Mission (AIM) under NITI Aayog. It fosters curiosity and innovative mindset in young students across India. Conclusion ● There are thrust on infrastructure improvement and improvement in education delivery through Quality and unique technological solutions. ● The student community has shown great enthusiasm for e-Resources for learning.

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TEACHER EDUCATION AND DEVELOPMENT IN RURAL INDIA

“Ensure that all students at all levels of school education are taught by passionate, motivated, highly qualified, professionally trained and well equipped teachers”. The Draft National Education Policy - 2019 ● Teachers are builders of our national edifice. A good Teacher Education (TE) would make capable teachers leading to a strong and prosperous nation. ● The nation has Teacher Education Institutions ( B.Ed., D.EI.Ed. and other courses) for preparing good teachers. The present status - ● Currently 8.33 lakh teacher posts are vacant at the elementary stage and 1.11 lakh teacher posts are lying vacant at the secondary level. ● There is an uneven availability of teachers across school and subjects. ● Increase in the number of schools (Due to implementation of SSA and RTE) have led to increased demand of teachers. ● Most in – service teacher needs are still met by a one-size fits all ‘training’ approach. ● Not enough focus on building the capability of the Head Teacher. ● Revamped infrastructure and new age pedagogical practices to the trainee teachers. ● The rural TE landscape is inspired with District Institutes of Education Training (DIETs), primary Teacher Education Centers (PTEC) in addition to the B.Ed. colleges. Issues with regards to the teacher: ● The demand for schools and teachers escalated when universal education call met with programmatic and financial support of Sarva Shiksha Abhiyan (SSA) in the year 2001 ● Mushroomed teachers count after introduction of the Right of Education (RTE) ● Failure of The National Council for Teacher Education (NCTE) to enforce the concerning regulations. ● Lack of initiatives and mechanisms that explicitly aim to recruit the best performing students. ● Quality teacher education is severely lacking. ● Many teacher education institutions are ‘stand-alone’ teaching colleges ● Deployment of teachers - The sudden and unpredictable transfer. ● Lack of safe drinking water, working toilets, and electricity in some schools ● Teachers are often asked to spend large portions of their time on other activities, such as midday meal preparation, administrative tasks, data management, etc. ● Regular update of teaching skills and capacity building is lacking. ● Issues like salary, promotion, etc. in the school are hardly on merit and competence.

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Meaning of Widening and Deepening of TE - ● Horizontal penetration of TE - The widening of TE means spatial coverage of TEIs to all districts and also to some of the blocks, if needed. ● Vertical Penetration of TE - The deepening of TE involves ✔ Enlarging the bouquet of course ✔ Bringing in new techno-pedagogical particles ✔ Leveraging Information and Communication Technology (ICT) in education and ✔ Designing and conducting several thematic modular courses for the Continuing Professional Development (CPD) of the teachers. Various Initiatives - ● The State Council of Education Research and Training (SCERT) and DIETs would constantly conduct Teacher Need Analysis (TNA) and devise CPDs to address them. ● MHRD has started National Initiative for School Heads’ and Teachers ‘Holistic Advancement (NISHTHA). ● The proposed National Higher Education Regulatory Authority (NHERA) would be the sole regulator. The draft NEP envisages the following related to the Teacher - ● Merit-based scholarships - To enable outstanding students from underprivileged, rural or tribal areas to undertake the four-year integrated B.Ed. programme. ● Recruitment of teachers Through a robust process ● The practice of ‘para-teachers’ (unqualified, contract teachers) will be stopped across the country by 2022. ● Continuous teacher professional development - Based upon a flexible and modular approach ● Adequate physical infrastructure, facilities and learning resources, along with desired pupil- teacher ratio ● Teachers will be held accountable for being absent from school without being on approved leave. ● Each head teacher and/or school principal will be responsible for building strong in-school development processes and a supportive school culture. ● High-quality material for teachers and teacher educators in Indian languages ● Rejuvenating academic support institutions ● All teachers will be able to move into either educational administration or teacher education after a minimum number of years of teaching experience. The next step ● To bring in effective regulation. ● Infuse necessary functional autonomy into the TEIs. ● Ensure availability of a full complement staff of teachers in every school. ● States should develop a strong core group of outstanding teacher educators. ● Make material for teachers and teacher educators available in the state/local language.

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Conclusion In review of the amendment to Section 23(2) of RTE which mandates that all teachers should be trained, a widening and deepening of TE, particularly in the rural areas, is the need of the hour. It would meet the rising need of teachers and bring honour and pride to the profession of teachers.

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Map Based Questions Question 1. Recently seen in the news, the Hindu Kush-Himalayan region is a source, to which of the following rivers: 1. Salween 2. Indus 3. Ob-Irtysh 4. Amu Darya Select the correct answer using the code given below a) 1 only b) 1 and 2 only c) 1, 2 and 3 only d) 1,2 and 4 only

Question 2. Aldabra Island recently in the news, belongs to which of the following group of islands. a) Maldives b) Mauritius c) Seychelles d) Chagos island

Question 3. Keezhadi excavation is associated with which of the following rivers: a) Kaveri b) Godavari c) Vaigai d) Krishna

Question 4. Consider the following statements regarding the disputed location of “kalapani”: 1. It is located at the tri-junction of India-china-Bhutan. 2. It acts as a dividing line for kali river watershed. Select the correct answer using the code given below a) 1 only b) 2 only c) Both 1 and 2 d) Neither 1 nor 2

Question 5. Which countries does the Korean strait divide? a) Japan and South Korea. b) Russia and South Korea. c) Philippines and South Korea d) China and Taiwan

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Question 6. Which of the countries is closest from the Indira point, the southernmost tip of India's territory. a) Myanmar b) Indonesia c) Singapore d) Maldives

Question 7. The strait of Oresund separates which of the two countries: a) Finland and Denmark b) Norway and Finland c) Sweden and Denmark d) Russia and Sweden

Question 8. The Danakil depression, recently in the news is located in which country a) Nigeria b) Kenya c) Eritrea d) Ethiopia

Question 9. The Marawah island which is a part of Neolithic civilization is located in: a) Oman b) Iran c) Egypt d) UAE

Question 10. The Gyuto monastery is located in the state of: a) Jammu and Kashmir b) Himachal c) Ladakh d) Arunachal

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Answers

Answer 1. D Ob-Irtysh does not come under the Hindu-Kush region.

Answer 2. C

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Answer 3. C

Answer 4. B Statement 1 is incorrect it is located at the tri-junction of the India-China-Nepal. Statement 2 is correct: It acts as the dividing line of the Kali River.

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Answer 5. A

Answer 6. B Indira Point is a village in the Nicobar district at Great Nicobar Island of Andaman and Nicobar Islands in India. It is located in the Great Nicobar tehsil. It is the location of the southernmost point of India's territory. Rondo Island, Indonesia's northernmost island in Sabang district of Aceh province of Sumatra, lies 163 km south of Indira point. India and Indonesia are planning to collaborate to construct a port at Sabang to protect the channel between Great Nicobar Island and Rondo Island.

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Answer 7. C

Answer 8. D It is a part of the Afar triangle, which is a part of the great African rift valley.

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Answer 9. D

Answer 10. B It is located near Dharamsala in the state of Himachal pradesh.

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