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1. The Hindu Explainer May 2022.pdf ·································································································································································································································· 1
Coal Post change ························································································································································································································································ 2
GreenHydrogen ··························································································································································································································································· 3
QUAD ·········································································································································································································································································· 4
Ethanol Blenduing ······················································································································································································································································· 5
CHild Online saety toolkit ············································································································································································································································ 6
2. The Hindu Explainer June 2022.pdf ································································································································································································································· 7
Aadhar safety ······························································································································································································································································ 8
China and Horn of Africa ············································································································································································································································· 9
Partnership for Global Infrastructure and Investment (PGII) ····················································································································································································· 10
NATO Finland Sweden Turkey ································································································································································································································· 11
Pregnency Termination Act ······································································································································································································································· 12
ONDC ········································································································································································································································································ 13
Talaq-e-Hasan ·························································································································································································································································· 14
WTO Geneva Package ············································································································································································································································· 15
world arms ································································································································································································································································· 16
FATF ········································································································································································································································································· 17
Ukraine Russi Food Export ······································································································································································································································· 18
IPR ············································································································································································································································································ 19
Bad Bank ··································································································································································································································································· 20
3. The Hindu Explainer July 2022.pdf ································································································································································································································· 21
RoadSafety ······························································································································································································································································· 22
Private Player in Space sector ·································································································································································································································· 23
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Bail Guidelines by SC ··············································································································································································································································· 23
Pegasus and Msg interpetation ································································································································································································································· 25
SCO ·········································································································································································································································································· 26
SC judgement ESZ and Kerala ································································································································································································································· 27
Forest Conservation Rules ········································································································································································································································ 28
Bharat NCAP ····························································································································································································································································· 29
Current account Deficit ( not much Important) ·········································································································································································································· 30
BRI and South East Asia ··········································································································································································································································· 31
Single Use Plastic ····················································································································································································································································· 32
Space Debris ····························································································································································································································································· 33
NIA ············································································································································································································································································ 34
4. The Hindu Explainer Aug 2022.pdf ································································································································································································································· 35
facial recognition technology ····································································································································································································································· 36
Nepal Citizenship bill ················································································································································································································································· 37
Arctic Amplification ···················································································································································································································································· 38
Ethanol Blending ······················································································································································································································································· 39
Great Barrier Reef ····················································································································································································································································· 40
Collegium System Explained ···································································································································································································································· 41
Criminal Procedure (Identification) Act ······················································································································································································································ 42
SSLV failure ······························································································································································································································································ 43
Guardianship ····························································································································································································································································· 44
blasphemy and hate speech ····································································································································································································································· 45
special marriage act ·················································································································································································································································· 46
aadhar linkage ··························································································································································································································································· 47
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Competition (Amendment) Bill ·································································································································································································································· 47
5. The Hindu Explainer Sep 2022.pdf ································································································································································································································· 49
Lumpy SKin Disease ················································································································································································································································· 50
SC ST list ·································································································································································································································································· 51
Eastern Economic Forum ·········································································································································································································································· 52
Rubber Price ····························································································································································································································································· 53
Windfall Tax ······························································································································································································································································ 54
CARA Rules ······························································································································································································································································ 55
Indira Gandhi Urban Employment Guarantee Scheme ····························································································································································································· 56
Wikipedia ·································································································································································································································································· 57
Packaging rules ························································································································································································································································· 58
Chile constitution 2 ···················································································································································································································································· 59
COnversion Therapy LGBTQIA2 ······························································································································································································································ 60
kerala lokayskut ························································································································································································································································ 61
single use plastic ······················································································································································································································································· 62
Draft Telecommunication bill ····································································································································································································································· 63
DART NASA ······························································································································································································································································ 64
Semicundtor PLI ························································································································································································································································ 65
6. The Hindu Explainer Oct 2022.pdf ·································································································································································································································· 66
UNSC list 1267 ·························································································································································································································································· 67
GHI ············································································································································································································································································ 68
NayaYana Buddhism ················································································································································································································································ 69
Moon Lighting ···························································································································································································································································· 70
criterion for SC status ················································································································································································································································ 71
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Mediation Bill ····························································································································································································································································· 71
7. The Hindu Explainer Nov 2022.pdf ································································································································································································································· 73
UCC ·········································································································································································································································································· 74
Dhara Mustard Hybrid-11 ·········································································································································································································································· 75
Aviation Sector ·························································································································································································································································· 76
IT Rules ····································································································································································································································································· 77
SEBi reforms to tackle information asymmetry ········································································································································································································· 78
DPDP BIll ·································································································································································································································································· 81
COP 27 article 2 ························································································································································································································································ 86
Delhi Air Pollution Kundli ··········································································································································································································································· 89
Black Sea Grain Initiative ·········································································································································································································································· 90
8. The Hindu Explainer Dec 2022.pdf ································································································································································································································· 91
OECD minimum tax and EU ····································································································································································································································· 92
GST Decriminalisation ·············································································································································································································································· 95
US China Ties ························································································································································································································································· 100
Remittances Profile ················································································································································································································································· 104
NJAC ······································································································································································································································································· 108
ILO wage report ······················································································································································································································································ 111
9. The Hindu Explainer Jan 2023.pdf ······························································································································································································································· 114
Census Delay ·························································································································································································································································· 115
Joshimath Sinking ··················································································································································································································································· 118
Ken Betwa River Linking ········································································································································································································································· 122
Fukushima Nuclear Power Plant water ··················································································································································································································· 126
Ecological sensitive zone ········································································································································································································································ 131
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EVM Allegations ······················································································································································································································································ 135
10. The Hindu Explainer Feb 2023.pdf ····························································································································································································································· 141
Heat wave formation ··············································································································································································································································· 142
Vostro Accounts ······················································································································································································································································ 146
Lithium Reserve ······················································································································································································································································ 150
Disinvestment ························································································································································································································································· 155
Judicial Majoritism ··················································································································································································································································· 158
MGNREGA Economic Survey ································································································································································································································· 161
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Catalog

Coal Post change····································································································································································································· 1

GreenHydrogen········································································································································································································2
QUAD······················································································································································································································· 3
Ethanol Blenduing···································································································································································································· 4
CHild Online saety toolkit························································································································································································· 5
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EXPLAINER

India’s changing goal posts over coal

Is India’s ambition to phase out coal-based power generation and switch to a natural gas-based energy production, viable?

THE GIST
K. Bharat Kumar Renewable power accounted for 1.06 lakh ₹1,425, compared with ₹500 in April, amounts of coal.
MW or 27%. 2021. As per a letter by the Ministry, Coal
The story so far: In April, Finance Coal-based power stations are retired Even back in November last, well India, the country’s largest supplier of
Minister Nirmala Sitharaman said India’s periodically which happens all the time. before the war made things difficult, the the dry fuel is set to import coal for the
transition away from coal as a fuel for But is not fast enough nor are new government put in place a committee to first time since 2015. The aim of the
power would be hampered by the additions being halted. And with good ensure that natural gas prices remained exercise is to avoid a repeat of the power B Coal consumption needs to
Russia-Ukraine war. “One calculation reason – coal is still inexpensive stable. Of the 25,000 MW of gas-based outage crisis that India faced in April — come down as the power
which I think we had in our mind was compared with other sources of energy. power plants, about 14,000 MW remains the worst in more than six years. sector in India accounts for
that the transition [away from coal] ... For FY20, for example, India added stranded, or idle, because they are Following the issue of the letter dated 49% of total carbon dioxide
will be enabled by natural gas,” she said, 6,765 MW power capacity based on coal financially unviable. May 28 to all state utilities, officials at the emissions, compared with
REUTERS the global average of 41%.
adding that “lowering dependence on *
as fuel. But only 2,335 MW was retired. While renewable energy sources are States and the Centre, including to the
coal, and the speed with which we want Combusting coal also leaves behind According to the IEA’s Coal Report 2021, cheaper than coal, their ability to Coal Secretary, the central government
to get out of it, will now be challenged.” partially-burnt carbon particles that feed India’s coal consumption will increase at generate power consistently is subject to has asked States to place import tenders B As of February 2022, the
pollution and trigger respiratory an average annual rate of 3.9% to 1.18 the whims of nature — the wind and the on hold with a view to cut procurement installed capacity for
coal-based power generation
Why is the ‘move away from coal’ so disorders. The consequence of these billon tonnes in 2024. Sun. Coal can give you power on costs using government-to-government
across the country was 2.04
important? chemical reactions gains great So, it is not easy to shift away from coal demand. Storage technologies are still channels. lakh MW. This accounts for
The threat of global warming looms over significance because, the power sector in overnight. As the World Coal Association not mature enough to help renewable An internal power Ministry about 51.5% of power from
the planet, promising to bring about India accounts for 49% of total carbon CEO Melissa Manook put it while on her energy sources become reliable presentation is said to point to a 42.5 all sources. Natural gas has
unprecedented natural calamities. dioxide emissions, compared with the India visit recently, “Coal will still be a generators of power. million tonne (MT) coal shortage in the been dubbed as the
An effective way to keep the danger at global average of 41%. significant contributor in the energy quarter ending September on the back of transition fuel.
bay is to cut the use of fossil fuels — coal, sector even in 2040!” Is there a coal availability crisis that high demand for power supply. The
natural gas and oil. About 80% of the What is the extent of India’s is exacerbating our problems? shortage is 15% higher than earlier B As per a letter by the
world’s energy requirements are met by dependence on coal? How has war made India’s move It appears that the pent-up demand anticipated. Domestic supply of coal is power Ministry, Coal India,
these three fuels. They have likely As of February 2022, the installed away from coal difficult? returning in the economy which was in a expected to be 154.7 MT, compared with the country’s largest supplier
brought on the climate crisis we now capacity for coal-based power generation Natural gas has been dubbed as the pandemic-induced stupor for a while has the projected requirement of 197.3 MT. of the dry fuel is set to
face, as they trigger the emission of across the country was 2.04 lakh transition fuel in India’s plans to move caught policymakers off guard. From The previously anticipated shortage was import coal for the first time
carbon dioxide. However, the worst megawatt (MW). This accounts for about away from coal. The international cost of having asked States only recently to stop 37 MT. The projections for requirements since 2015. The aim of the
exercise is to avoid a repeat
culprit of them all is coal, which emits 51.5% of power from all sources. This natural gas has zoomed in the recent past importing coal, the power Ministry urged for the year ending March are 3.3%
of the power outage crisis
nearly twice as much carbon dioxide as compares with about 25,000 MW of from a level that was considered already States earlier this month to step up coal higher than earlier anticipated at 784.6 that India faced in April.
natural gas and about 60% more than oil, capacity based on natural gas as fuel, or a too high to be financially viable. On May imports as the private sector would take MT. Without imports, utilities are likely to
on a kilogram-to-kilogram comparison. mere 6.3% of all installed capacity. 17, 2022, the price per MMBTU of gas was till about 2025 to produce significant run out of coal supplies by July.
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EXPLAINER

Green hydrogen: Fuel of the future?

What is green hydrogen ? Why is India attempting to pursue it and how much is it producing?

THE GIST
Rahul Karmakar fossil fuels such as coal and gas and non-fossil energy capacity to 500 on the existing facility.
currently accounts for 95% of the total gigawatts by 2030.
The story so far: At the World production in South Asia. Blue hydrogen, It was on April 20, 2022 that the public What are the advantages of
Economic Forum in Davos, Switzerland, a too, is produced using electricity sector OIL, which is headquartered in hydrogen as a fuel?
few days ago, Minister of Petroleum and generated by burning fossil fuels but with eastern Assam’s Duliajan, set up India’s The intermittent nature of renewable
Natural Gas Hardeep Singh Puri said technologies to prevent the carbon first 99.99% pure green hydrogen pilot energy, especially wind, leads to grid B Green hydrogen is
India will emerge as the leader of green released in the process from entering the plant in keeping with the goal of “making instability. Green hydrogen can be stored produced through
hydrogen by taking advantage of the atmosphere. the country ready for the pilot-scale for long periods of time. The stored electrolysis using renewable
current energy crisis across the globe. His production of hydrogen and its use in hydrogen can be used to produce sources of energy such as
solar, wind or hydel power.
assertion came almost a month after Oil Why is India pursuing green various applications” while “research electricity using fuel cells. In a fuel cell, a
India Limited (OIL) commissioned India’s hydrogen? and development efforts are ongoing for device that converts the energy of a
first 99.99% pure green hydrogen plant in Under the Paris Agreement (a legally a reduction in the cost of production, chemical into electricity, hydrogen gas B India has just begun to
eastern Assam’s Jorhat. binding international treaty on climate storage and the transportation” of reacts with oxygen to produce electricity generate green hydrogen
with the objective of raising
change with the goal of limiting global hydrogen. and water vapour. Hydrogen, thus, can
non-fossil energy capacity
What is green hydrogen? warming to below 2°C compared to The plant was set up at the petroleum act as an energy storage device and to 500 gigawatts by
A colourless, odourless, tasteless, pre-industrial levels) of 2015, India is exploration major’s Jorhat pump station, contribute to grid stability. Experts say 2030. On April 20, India’s
non-toxic and highly combustible committed to reducing its greenhouse gas also in eastern Assam. the oxygen, produced as a by-product (8 first 99.99% pure green
gaseous substance, hydrogen is the emissions by 33-35% from the 2005 Powered by a 500 KW solar plant, the kg of oxygen is produced per 1 kg of hydrogen pilot plant was
lightest, simplest and most abundant levels. At the 2021 Conference of Parties alternative fuel that can make India the green hydrogen unit has an installed hydrogen), can also be monetised by set up in eastern Assam’s
member of the family of chemical in Glasgow, India reiterated its global hub and a major exporter of capacity to produce 10 kg of hydrogen using it for industrial and medical Duliajan.
elements in the universe. But a colour — commitment to move from a fossil and hydrogen. per day and scale it up to 30 kg per day. applications or for enriching the
green — prefixed to it makes hydrogen the import-dependent economy to a net-zero The National Hydrogen Mission was A specialised blender has also been environment. The possibilities of B Green hydrogen can be
“fuel of the future”. The ‘green’ depends economy by 2070. India’s average annual launched on August 15, 2021, with a view installed for blending green hydrogen hydrogen have made many countries stored for long periods of
on how the electricity is generated to energy import bill is more than $100 to cutting down carbon emissions and produced from the unit with the natural pledge investments with Portugal having time. The stored hydrogen
obtain the hydrogen, which does not billion and the increased consumption of increasing the use of renewable sources gas supplied by the Assam Gas unveiled a national hydrogen strategy can be used to produce
emit greenhouse gas when burned. fossil fuel has made the country a high of energy. Corporation Limited and supplying the worth $7.7 billion in May. Renewable electricity using fuel cells.
Green hydrogen is produced through carbon dioxide (CO2) emitter, accounting blended gas to the Jorhat area for developers see green hydrogen as an
electrolysis using renewable sources of for nearly 7% of the global CO2 burden. How much green hydrogen is India domestic and industrial use. emerging market and some have targeted
energy such as solar, wind or hydel In order to become energy independent producing? OIL has engaged experts from the the transport sector, although electric
power. Hydrogen can be ‘grey’ and ‘blue’ by 2047, the government stressed the India has just begun to generate green Indian Institute of Technology-Guwahati vehicles have begun to catch the
too. Grey hydrogen is generated through need to introduce green hydrogen as an hydrogen with the objective of raising to assess the impact of the blended gas imagination of consumers today.
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EXPLAINER

On Quad; its origins, goals and future plans

Which countries are the core members of the Quadrilateral Security Dialogue? Did the rise of China in the region play a role in its formation?

THE GIST
Diksha Munjal Indo-U.S. Malabar naval exercises also saw connectivity projects.
the partial involvement of Japan, Australia Quad leaders launched the Quad Vaccine
The story so far: The leaders of four and Singapore. The exercises and Initiative (QVI) with the aim of
countries — India, the U.S., Australia, and coordination were seen by China as an manufacturing and distributing at least a
Japan — are meeting for the second in-person attempt to encircle it, which termed the billion COVID-19 vaccines for the Asia region
B India, the U.S., Australia, summit of the Quadrilateral Security grouping as trying to build “an Asian NATO”. by the end of 2022. The plan was to
and Japan are meeting for Dialogue or Quad in Tokyo which The Quad lost momentum post the 2007 manufacture U.S. developed vaccines in
the second in-person
commenced yesterday on May 24. A lot has meeting as the effort “dissipated amidst India with financing provided by the U.S.
summit of the Quadrilateral
Security Dialogue or Quad in
changed, since the first in-person meeting of member leadership transitions, concerns and Japan, and delivery undertaken by
Tokyo which commenced the Quad in September last year. about economic repercussions from China, Australia and Japan to countries in Southeast
yesterday on May 24. The ongoing Russia-Ukraine crisis has and attention to other national interests,” Asia. The plan, however, has had trouble
triggered geopolitical shifts, driven up global according to the U.S. Congressional Research taking off for multiple reasons including
inflation, and affected supply chains amid a Service. legal indemnity issues with Indian law,
B The Quad is an informal
multilateral grouping of slew of western sanctions on Moscow. In The grouping was only revived an entire safety concerns around the vaccine facility
India, the U.S., Australia, March this year, Quad leaders discussed the decade later in 2017, at a time when all four (of Pharma Biological E in Hyderabad), and
and Japan aimed at situation in Ukraine in an unscheduled countries had revised their assessment of lower demand for vaccines in South East
cooperation for a free and virtual meeting called by U.S President Joe the China challenge; and India had Asia. As for emerging technologies, the four
open Indo-Pacific region. A Biden. witnessed the Doklam standoff. Leaders of countries aimed to work on the
major basis for the grouping all four countries met in the Philippines for development and diversification of 5G
is to check China’s growing What is the Quad and why was it the ‘India-Australia-Japan-U.S.’ dialogue, not telecommunications and the creation of
influence in the region.
formed? referred to as a Quad dialogue to avoid the supply chains for critical minerals and
The Quad is an informal multilateral notion of a “gang-up”. Even at this point, a technologies for making semiconductors
B Mr. Biden unveiled the grouping of India, the U.S., Australia, and set of objectives, areas of cooperation, and used in smartphones, another area where
‘Indo-Pacific Economic Japan aimed at cooperation for a free and even the definition of Indo-Pacific were not China is a leader.
Framework’ (IPEF) on May open Indo-Pacific region. The region, fixed among Quad members. Quad nations had also agreed to build
23, which, according to
Reuters is a programme to
composed of two oceans and spanning It was in March 2021 that Mr. Biden, Mr. joint connectivity projects and transparent
bind countries in the region multiple continents is a hub of maritime Modi, Australia’s outgoing Prime Minister infrastructure funding for countries in the
more closely through trade and naval establishments. While not Scott Morrison, and then Japanese PM region. The emphasis on connectivity saw
common standards in areas stated explicitly by the leaders, a major basis Yoshihide Suga met virtually, for the first the Quad challenge China in another sphere: that has not joined sanctions against Russia, Forming a collective: U.S.
including supply-chain for the grouping is to check China’s growing time as an official Quad summit, releasing a a coordinated effort to provide financing and while also ramping up its intake of Russian President Joe Biden,
resilience, clean energy, influence in the region. set of objectives for the grouping in a joint sustainable alternatives to China’s Belt and oil — an estimated 40 million barrels more Japanese Prime Minister
infrastructure and digital After the Indian Ocean tsunami in 2004 statement called the ‘The Spirit of the Quad’. Road Initiative (BRI), which has led many than it had in all of 2021). Fumio Kishida, Indian Prime
trade. wreaked havoc in the region now called the nations to take loans and accept Mr. Biden also unveiled the ‘Indo-Pacific Minister Narendra Modi
Indo-Pacific, India stepped up its rescue What were the objectives of the infrastructure bids from Beijing. Economic Framework’ (IPEF) on May 23, and Australian Prime
efforts not just on its own shores but also grouping? The Quad also created a working group which, according to Reuters is a programme Minister Anthony Albanese
provided assistance to its maritime The March 2021 virtual summit gave rise to for combating climate change which would to bind countries in the region more closely at a Quad meeting. AFP
*

neighbours: Sri Lanka, the Maldives and the main objectives of the Quad, outlined oversee efforts to foster green shipping by through common standards in areas
Indonesia. Soon, the disaster relief effort was actionable goals, and formed expert working decarbonising maritime supply chains and including supply-chain resilience, clean
joined by three other naval powers — the groups in multiple areas. promoting the use of clean hydrogen. energy, infrastructure and digital trade.
U.S., Australia and Japan, with then U.S. Coming together to foster a free and open Mr. Modi, who attended the launch,
President George W. Bush announcing that Indo-Pacific formed the bedrock of What are the future plans of the Quad? signalled India’s readiness to join the
the four countries would set up an cooperation. “We recommit to promoting According to a statement released by the economic initiative. Indian officials had
international coalition to coordinate the the free, open, rules-based order, rooted in Ministry of External Affairs about the agenda earlier expressed, however, that India was
massive effort. international law and undaunted by of the May 24 summit, “The Leaders will likely to be cautious about its participation in
While the charge of the rescue operations coercion, to bolster security and prosperity review the progress of Quad initiatives and the Indo-Pacific Economic Framework as it
was handed over to the United Nations in the Indo-Pacific and beyond,” the joint Working Groups, identify new areas of could be seen as a counter to the 15-nation
shortly after, it led to the birth of a new statement said. Emphasis was laid on “rule cooperation and provide strategic guidance Regional Comprehensive Economic
framework: the Quadrilateral or Quad. Then of law, territorial integrity, freedom of and vision for future collaboration”. The Partnership and the 17-nation Trans-Pacific
Japanese Prime Minister Shinzo Abe, who navigation and overflight, peaceful Quad summit is expected to discuss the Partnership that China is a member of. Quad
had been promoting the idea of an “arc of resolution of disputes, and democratic Russian war in Ukraine, and the impact of members also launched a maritime
prosperity and freedom” that brought the values” in the region. three months of Western sanctions. Mr. monitoring plan to curb illegal fishing in the
Quad countries closer together, further The other areas of immediate focus were Biden said yesterday that the world was Indo-Pacific. Several countries have objected
developed the concept and discussed it with the pandemic through strengthening “navigating a dark hour” with Russia’s attack to Chinese fishing vessels often violating
then Prime Minister Manmohan Singh equitable vaccine access for the Indo-Pacific, on Ukraine, adding that the war made their exclusive economic zones resulting in
during a summit in December 2006. The combating climate change, sharing critical evident the need for decent international economic losses, while also engaging in
grouping held a meeting in May 2007 but did technologies, cyber security, supply chain order. deep-sea trawling, which causes
not release an official statement. The 2007 resilience, and infrastructure and (India is the only member of the Quad environmental damage.
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EXPLAINER

Understanding India’s ethanol blending policy

Why does the government want to increase the percentage of ethyl alcohol in petrol? From where does India source its ethanol?

THE GIST
Jacob P Koshy twenty States and four UTs in 2006. Until and 334 crore litres for other uses. This will
2013-14, however, the percentage of blending require six million tonnes of sugar and 16.5
The story so far: The Union Cabinet on never crossed 1.5%. million tonnes of grains per annum in ESY
Wednesday approved amendments to the In 2015, the Ministry of Road Transport 2025.
National Policy on Biofuels, 2018, to advance and Highways notified that E5 [blending 5%
B The Union Cabinet on the date by which fuel companies have to ethanol with 95% gasoline] petrol and the How does this affect engines?
Wednesday approved increase the percentage of ethanol in petrol rubber and plastic components used in When using E20, there is an estimated loss
amendments to the National
to 20%, from 2030 to 2025. The policy of gasoline vehicles produced since 2008 be of 6-7% fuel efficiency for four wheelers
Policy on Biofuels, 2018, to
advance the date by which
introducing 20% ethanol is expected to take compatible with the E10 fuel. In 2019, the which are originally designed for E0 and
fuel companies have to effect from April 1, 2023. Ministry notified the E10 fuel [blending 10% calibrated for E10, 3-4% for two wheelers
increase the percentage of ethanol with 90% gasoline]. The rubber and designed for E0 and calibrated for E10 and
ethanol in petrol to 20%, What is the history of ethanol-blending plastic components used in petrol vehicles 1-2% for four wheelers designed for E10 and
from 2030 to 2025. in India? are currently compatible with E10 fuel. calibrated for E20. Car makers have said that
Since two decades, India has been moving Financial incentives for distilleries coupled with modifications in engines (hardware and
B A NITI Ayog Committee towards putting in place an ecosystem to with policy support has seen average tuning), the loss in efficiency due to blended
report of June 2021 lays out have more ethanol blended into petrol for blending touch 5%. Standards for E20, E85 fuel can be reduced. To compensate the
a comprehensive picture of use vehicles, particularly two and four and even E100 fuel have already been laid. consumers for a drop in efficiency from
ethanol blending, the wheelers. Government records suggest This includes standards for ethanol blended ethanol blended fuels, tax incentives on E10
challenges and a roadmap. about 75% of India’s 220 million vehicles are diesel. Since 2020, India has been and E20 fuel may be considered. The test
two wheelers and 12% four wheelers. announcing its intent to achieve 10% vehicles worked well in several
B Car makers have said that Ethanol, or ethyl alcohol, is a hydrocarbon blending by the end of 2022 and 20% test-situations, the report noted.
with modifications in that when burnt can generate heat and blending by 2030. The Centre has also
engines (hardware and power engines. targeted 5% blending of biodiesel with diesel What is the international experience?
tuning), the loss in by 2030. Flex Fuel Engine technology (FFE), or
CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC
efficiency due to blended vehicles that run entirely on ethanol, are
fuel can be reduced. To A report by the IEEFA says that for What does switching to E20 entail? popular in Brazil and comprise nearly 80%
compensate the consumers India to meet its target of 20% ethanol
for a drop in efficiency from A NITI Ayog Committee report of June 2021 of the total number of new vehicles sold in
blended in petrol by 2025, it will need lays out a comprehensive picture of ethanol 2019. The cost of flex fuel vehicles
ethanol blended fuels, tax
incentives on E20 fuel may to bring in 30,000 additional sq km blending, the challenges and a roadmap. (four-wheelers) could cost about ₹17,000 to
be considered. of land to come under maize India’s net import of petroleum was 185 ₹25,000 more than the current generation of
cultivation. million tons at a cost of $55 billion in vehicles.
2020-21. Most of the petroleum is used by The two-wheeled flex fuel vehicles would
However, it takes much more ethanol to vehicles and therefore a successful 20% be costlier by ₹5,000 to ₹12,000 compared
power a vehicle’s engine than petrol. It also ethanol blending programme could save the to regular petrol vehicles. The global
leaves residual by-products that can corrode country $4 billion per annum, or about production of fuel ethanol touched 110
and damage the vehicle which is why, while ₹30,000 crore. To achieve such savings, the billion litres in 2019, or about an average reduction in nitrous oxides, one of the major
vehicles can be run on ethanol, they need to committee estimates an ethanol demand of growth of 4% year per year during the last environmental pollutants. A report by the
be tuned accordingly so that they don’t 1,016 crore litres based on expected growth decade. The U.S. and Brazil make up 92 Institute for Energy Economics and
compromise on efficiency and usability. On in vehicle population. Because electric billion litres, or 84% of the global share, Financial Analysis (IEEFA) says that for India
the other hand, the gains are potentially vehicles are also likely to increase, this followed by European Union (EU), China, to meet its target of 20% ethanol blended in
significant as ethanol can be sourced from should partially offset demand for ethanol India, Canada and Thailand. petrol by the year 2025, it will need to bring
sugarcane, molasses, maize, which given leading to a requirement of 722-921 crore The prices of ethanol produced in India in 30,000 additional sq km of land to come
India’s agricultural base, can substantially litres in 2025. are higher compared to U.S. and Brazil, under maize cultivation. Half that land can
reduce India’s dependence on petroleum. This however is an “optimistic” projection because of the minimum support prices that be used more efficiently to produce clean
Since 2001, India has tested the feasibility as the NITI report itself notes. India’s current the government provides. electricity from solar energy, they contend.
of ethanol-blended petrol whereby 5% ethanol production capacity consists of 426 For India, sugarcane is the cheapest
ethanol blended petrol (95% petrol-5% crore litres from molasses-based distilleries, What are the environmental costs of source of ethanol. On average, a ton of
ethanol) was supplied to retail outlets. In and 258 crore litres from grain-based ethanol blending? sugarcane can produce 100 kg of sugar and
2002, India launched the Ethanol Blended distilleries. This is expected to increase to Because ethanol burns more completely 70 litres of ethanol but that would mean
Petrol (EBP) Programme and began selling 760 crore litres and 740 crore litres than petrol, it avoids emissions such as 1,600 to 2,000 litres of water to produce 1 kg
5% ethanol blended petrol in nine States and respectively and would suffice to produce carbon monoxide. However, tests conducted of sugar, implying that a litre of ethanol from
four Union Territories that was extended to 1016 crore litres of ethanol required for EBP in India have shown that there is no sugar requires about 2,860 litres of water.
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The child online safety toolkit
Can the toolkit be accessed by different countries and organisations? How does it aim to achieve a “safe and fulfilled” environment for children online?

THE GIST
Ramya Kannan related to eating disorders, extreme diets, that young people need. Nations Convention on the Rights of the
self-harm and suicide as well as Child (UNCRC) General comment No. 25
The story so far: The child online safety sexualised imagery and distorted body What does the toolkit provide? (2021) on children’s rights in the digital
toolkit was launched earlier this week in images.” The child online safety toolkit claims that environment; the WeProtect Global
an attempt to make the online experience As Baroness Beeban Kidron, founder it is a hands-on, comprehensive guide to Alliance Model National Response; and
safe for children. Scripted and put and chair, 5Rights Foundation, says in the making the online world free from harm the International Telecommunication B The child online safety
together by the Britain-based NGO introduction to the toolkit: “In an for children. It builds on existing Union’s Guidelines on Child Online toolkit, scripted and put
5Rights that works to ensure that increasingly connected world, the need international agreements and best Protection. It also tapped into UNICEF’s together by the
Britain-based NGO 5Rights,
children’s rights and needs are prioritised for a safe and enabling digital practices, developed in consultation with Draft Policy Guidance on AI for Children,
works to ensure that
in the digital world, the toolkit provides a environment for children has never been international experts from a range of designed to promote children’s rights in children’s rights and needs
practical and accessible roadmap to greater. Policy makers across the globe backgrounds. It has accessible government and private sector AI are prioritised in the digital
create a digital world where children and are working to define the rules of worksheets and resources both online (artificial intelligence) policies and world.
young people “are safe and fulfilled”. engagement between children and the and in print to help make child online practices, and to raise awareness of how
This includes step by step instructions to digital world.” safety a reality AI systems can uphold or undermine B Research conducted by
help assess and inform policy arrangement has been discussed at The prevalence of child sexual Among other things, it contains — five these rights. 5Rights and its partner
development at all stages of the process. length, it is undeniable that moving exploitation and abuse is also a major things every policymaker needs to know Revealing Reality indicated
As such, any government can use the forward would entail significant concern, offline, but certainly online too. to enshrine child online safety into law What next? that “within 24 hours of a
toolkit as a building block to work out its involvement with technology, In 2020, 65 million pieces of child sexual and practice, 10 policy action areas with The authors say the toolkit is designed to social media profile being
own culturally specific set of guidelines particularly going online. abuse material were reported to the detailed roadmaps and key practical be adaptable to any context. While created, children were being
for online safety. However, the two years we spent at National Center for Missing and Exploited steps needed to make child online safety national contexts may necessarily be targeted with graphic
The toolkit can be downloaded for free home have also shown us how the world Children of the United States, while many a reality, a model policy that different, it is essential that laws and content.”
from childonlinesafetytoolkit.org and by can come indoors online, in more ways more went undetected. policymakers can adopt and adapt for regulations, to the greatest extent
contacting [email protected]. than one, dragging along its predators The toolkit argues that guaranteeing their requirements, and downloadable possible, use concepts, language and B The toolkit contains —
and its risks as well. Earlier research online safety is not just about responding worksheets to create a policy fit for definitions that are aligned and allow for five things every
Why an online safety tool kit? conducted by 5Rights and its partner to risks and harms: it means actively practice. It also holds a glossary of key cooperation between law enforcement policymaker needs to know
Children want to be online and they need Revealing Reality indicated that “within designing a digital environment that is terms used in online safety and child agencies, as well as cross-border to enshrine child online
safety into law and practice,
to be online. If two years of the pandemic 24 hours of a social media profile being safe for every child. “With one in three online safety policy to best practice cooperation and understanding. 10 Policy Action Areas with
have taught us anything, it is that a good created, children were being targeted people online under the age of 18, the examples from various countries. Ultimately, it depends on nations or detailed roadmaps and key
portion of the future is going to be online. with graphic content.” They went on to centrality of digital technology in The toolkit separates its obligations organisations within nations entirely — if practical steps needed to
Education migrated almost entirely state that internet majors such as children’s lives means that it must be into ten subject areas to support the they want to pick up the toolkit to ensure make child online safety a
online for a significant period during the Facebook, Instagram and TikTok were formed with their privacy, safety and implementation of the following key a safe environment online for children, as reality.
pandemic and children were linked to enabling unsolicited contact from adult rights by design and by default.” Safety international agreements and well as deliver their commitments to
schools through their devices. While the strangers who sometimes recommend online allows young people to thrive, and frameworks: the Sustainable various international conventions that
merits or otherwise of such an unsavoury content — from “material the toolkit will help build a digital world Development Goals (SDGs); the United they have signed.
Kallu_Maama
 Join @thehindu444 Or Thenewsmaster
Catalog

Aadhar safety·········································································································································································································· 1
China and Horn of Africa························································································································································································· 2
Partnership for Global Infrastructure and Investment (PGII)··································································································································· 3
NATO Finland Sweden Turkey················································································································································································ 4
Pregnency Termination Act····················································································································································································· 5
ONDC······················································································································································································································ 6
Talaq-e-Hasan·········································································································································································································7
WTO Geneva Package····························································································································································································8
world arms··············································································································································································································· 9
FATF····················································································································································································································· 10
Ukraine Russi Food Export····················································································································································································11
IPR························································································································································································································ 12
Bad Bank··············································································································································································································· 13
 EXPLAINER Join @thehindu444 Or Thenewsmaster

Questioning the safety of Aadhaar

Can Aadhaar be the one-stop solution for all identification requirements? Does it safeguard the privacy of its various beneficiaries?

THE GIST
Saptaparno Ghosh bank accounts, acquiring a new SIM or Aadhaar. In 2017, researchers at the Centre
school admissions. for Internet and Society (CIS) acquired
The story so far: Two days after issuing an The requesting entity would have to information of various beneficiaries of such
advisory asking people to refrain from obtain the consent of the individual before social security and employment
sharing photocopies of their Aadhaar Card, collecting his/her identity and ensure that schemes such as their Aadhaar numbers,
B The Aadhaar (Targeted the Unique Identification Development the information is only used for bank account details, job card status, mobile
Delivery of Financial and Authority of India (UIDAI) opted to withdraw authentication purposes on the Central number etc. The same year, the UIDAI in
Other Subsidies Benefits and the notification. It stated that the action was Identities Data Repository (CIDR). This response to an RTI stated that more than
Services) Act, 2016 states
to avert any possibility of ‘misinterpretation’ centralised database contains all Aadhaar 200 central and State government websites
that Aadhaar authentication
is necessary for availing of the (withdrawn) press release, asking numbers and holder’s corresponding publicly displayed details of some Aadhaar
subsidies and services that people to exercise “normal prudence” in demographic and biometric information. beneficiaries such as their names and
are financed from the using/sharing their Aadhaar numbers. UIDAI responds to authentication queries addresses. Both were made possible by the
Consolidated Fund of India. with a ‘Yes’ or ‘No’. In some cases, basic KYC lack of robust encryption. This data could be
However, confidentiality What did the UIDAI advisory say? details (as name, address, photograph etc) potentially used to fraudulently link the
needs to be maintained and The withdrawn notice had suggested accompany the verification answer ‘Yes’. rightful beneficiary’s Aadhaar with a distinct
the authenticated holders use a masked Aadhaar card instead The regulator does not receive or collect the bank account, embezzling the beneficiary by
information cannot be used
of the conventional photocopy, adding that holder’s bank, investment or insurance impersonation, made possible by the
for anything other than the
specified purpose. the document must not be downloaded from details. Additionally, the Aadhaar Act forbids sizeable identity documents available.
a cybercafé or public computer and if done sharing Core Biometric Information (such as The UIDAI maintains that merely knowing
for some reason, must be permanently finger print, iris scan, among other the bank account number would not be
B The NPCI’s Aadhaar deleted from the system. ‘Masked Aadhaar’ biometric attributes) for any purpose other enough to withdraw money from the bank, agencies to access details only on a Varied benefits: Women
Payments Bridge (APB) and show their Aadhaar cards
veils the first eight digits of the twelve-digit than Aadhaar number generation and stating that the individual’s fingerprint, iris need-to-know basis. Comptroller and
the Aadhaar Enabled
ID with ‘XXXX’ characters. The notice authentication. data or OTP to a registered mobile number Auditor General of India’s (CAG) latest report before casting their vote at
Payment System (AEPS)
informed that only entities possessing a The Act makes it clear that confidentiality would be required. CIS states that brokers stipulated that UIDAI neither specified any a polling centre. FILE PHOTO
*

facilitate direct benefit

transfer (DBT) and allow ‘User Licence’ are permitted to seek Aadhaar needs to be maintained and the are known to buy tonnes of Aadhaar encryption algorithm (as of October 2020) to
individuals to use Aadhaar for authentication purposes. Private entities authenticated information cannot be used documents from mobile shops and other secure the same nor a mechanism to
for payments. This requires like hotels or film halls cannot collect or for anything other than the specified places where the identification document is illustrate that the entities were adhering to
bank accounts to be linked keep copies of the identification document. purpose. More importantly, no Aadhaar shared. Additionally, there have been appropriate procedures. It relied solely on
to Aadhaar. In July 2018, Telecom Regulatory of India’s number (or enclosed personal information) instances where employees of service audit reports provided to them by the
Chairman R.S. Sharma tweeted his Aadhaar collected from the holder can be published, providers were caught stealing biometric entities themselves. Further, UIDAI’s
B But more than 200 number challenging users to “cause him any displayed or posted publicly. Identity information collected solely for Aadhaar unstable record with biometric
central and State harm”. In response, users dug up his mobile information or authentication records would authentication. A far-stretch means for authentication has not helped it with
government websites number, PAN number, photographs, only be liable to be produced pursuant to an acquiring biometrics would involve de-duplication efforts, the process that
publicly displayed details of
residential address and date of birth. It could order of the High Court or Supreme Court, collecting fingerprints from varied places ensures that each Aadhaar Number
some Aadhaar beneficiaries
such as their names and
not be ascertained if the PAN number was or by someone of the Secretary rank or that an individual might touch unknowingly generated is unique. The CAG’s reported
addresses. This means that actually correct. UIDAI dismissed assertions above in the interest of national security. in a certain space (such as a railing of a stated that apart from the issue of multiple
this data could be of any data leak, arguing that most of the staircase) with iris data being acquired from Aadhaars to the same resident, there have
potentially used to data was publicly available. It did however Is identity theft via Aadhaar possible? high-resolution cameras. been instances of the same biometric data
fraudulently link the rightful caution users from publicly sharing their As per the National Payment Corporation of As for mobile verification, phone users in being accorded to multiple residents.As per
beneficiary’s Aadhaar with a Aadhaar numbers. India’s (NCPI) data, ₹6.48 crore worth of India are known to carry two or more phone UIDAI’s Tech Centre, nearly 4.75 lakh
distinct bank account, financial frauds through 8,739 transactions numbers at one time. There could be a duplicate Aadhaar numbers were cancelled
embezzling the beneficiary What does the law say? involving 2,391 unique users took place in FY possibility that the number linked to the as of November 2019. The regulator relies on
by impersonation.
The Aadhaar (Targeted Delivery of Financial 2021-22. Aadhaar is not prominently used. Fraudsters Automated Biometric Identification Systems
and Other Subsidies Benefits and Services) Since the inception of the UID project, could use this as an opportunity to link their for taking corrective actions. The
Act, 2016 makes it clear that Aadhaar institutions and organisations have endowed phone numbers instead, update it in the CAG concluded it was “not effective enough”
authentication is necessary for availing greater focus on linking their databases with bank using the available information (of the in detecting the leakages and plugging them.
subsidies, benefits and services that are Aadhaar numbers, including for bank individual) and deprive them of benefits or Biometric authentications can be a cause of
financed from the Consolidated Fund of accounts especially in light of the embezzle funds. worry, especially for disabled and senior
India. In the absence of Aadhaar, the compulsory linkage for direct benefit citizens with both the iris and fingerprints
individual is to be offered an alternate and transfer schemes. The NPCI’s Aadhaar What are some of the structural dilapidating. Though the UIDAI has assured
viable means of identification to ensure Payments Bridge (APB) and the Aadhaar problems that the UIDAI faces? that no one would be deprived of any
she/he is not deprived of the same. Enabled Payment System (AEPS) facilitate The Aadhaar Data Vault is where all benefits due to biometric authentication
Separately, Aadhaar has been described direct benefit transfer (DBT) and allow numbers collected by authentication failures, the absence of an efficient
as a preferred KYC (Know Your Customer) individuals to use Aadhaar for payments. agencies are centrally stored. Its objective is technology could serve as poignant premise
document but not mandatory for opening This requires bank accounts to be linked to to provide a dedicated facility for the for frauds to make use of their ‘databases’.
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EXPLAINER

China’s interventions in the Horn of Africa

Is Beijing moving away from its policy of non-intervention in Africa? How are different African states reacting to these developments?

THE GIST
Apoorva Sudhakar Eighth Ministerial Conference of FOCAC. interested in minerals such as gold, iron-ore,
Avishka Ashok During the COVID-19 pandemic, China precious stones, chemicals, oil and natural
donated over 3,00,000 vaccines to Ethiopia gas in Ethiopia. South Sudan, a source for
The story so far: China has been investing and Uganda, and 2,00,000 vaccines to petroleum products, has had continued
across the African continent throughout the Kenya and Somalia. Sudan and Eritrea have Beijing investment in the industry since the
B In January 2022, during last decade. While the emphasis has been on also benefited from China’s vaccine latter’s initial entry in 1995.
his 17th trip to Africa,
investments and raw materials, it took a new diplomacy. The fourth major area is related to
China’s Foreign Minister and
State Councillor Wang Yi turn on June 20, with the first “China-Horn Beijing has also initiated the “2035 vision maritime interests. China’s first and only
asserted China’s three main of Africa Peace, Governance and for China-Africa cooperation”; it aims to military base outside its mainland is in
objectives in Africa: Development Conference.” Beijing’s first transform the health sector, alleviate Djibouti. During his visit in early 2022, Wang
controlling the pandemic, special envoy to the region Xue Bing, poverty, promote trade and investments, hinted at China’s willingness to develop
implementing a Forum on appointed in February 2022, said that this is and expand digital innovation. The vision Eritrea’s coast which would connect to
China-Africa Cooperation the first time China aims “to play a role in also focuses on green development, capacity China’s investments in land-locked Ethiopia.
(FOCAC) outcomes, and the area of security”. The conference held in building, improving people-to-people The U.S. has speculated that China wishes to
upholding common interests
Ethiopia witnessed the participation of exchanges and facilitating peace and build another military base in Kenya and
while fighting hegemonic
politics.
foreign Ministries from the following security in the continent. Tanzania, thereby increasing its military
countries of the Horn: Kenya, Djibouti, presence in the region.
Ethiopia, Sudan, Somalia, South Sudan, and What are China’s primary
B Africa has been keen on Uganda. interests/investments in the Horn of Has the Horn of Africa been welcoming
interacting with China.
Africa? of China’s presence?
Despite accusations of
debt-trapping surrounding What are the recent projects between China’s interests are related to four major Africa has been keen on interacting with
China’s projects in Africa, China and countries from the Horn of areas: infrastructural projects, financial China. Despite the wariness surrounding
the governments have Africa? assistance, natural resources and maritime China’s projects in Africa, the governments
mostly been welcoming. China’s focus on the Horn is a part of its interests. Looking at Chinese investments in have mostly been welcoming. When conflict
focus on Africa. In January 2022, during his infrastructure, one of its landmark projects broke out in Tigray in November 2020, Addis Ethiopia. when the conflict broke out, over Greener pastures: China’s
B China’s move “to play a 17th trip to Africa, China’s Foreign Minister was fully funding the $200 million African Ababa appreciated Beijing for respecting 600 Chinese nationals, working on different first special envoy to the
role in the area of security” and State Councillor Wang Yi focused on Union headquarters in Addis Ababa. It has Ethiopia’s sovereignty. In December 2021, projects, were evacuated, putting several Horn of Africa, Xue Bing,
in Africa indicates a shift in increasing the infrastructural investments in also made significant investments in Kenya defended Chinese projects in the investments at risk. From a trading speaks at a press
its principle of African countries. He refuted accusations of railways; it is building the Addis-Djibouti country; President Uhuru Kenyatta perspective, the region plays a significant conference in Addis Ababa,
non-intervention. It is debt-trapping the countries and asserted railway line connecting the land-locked maintained that China-Africa partnership role in achieving the objectives of the Ethiopia on June 20. AP
*

China’s message that its China’s three objectives in Africa: controlling country with Eritrean ports in the Red Sea. was mutually beneficial. In November 2021, China-Africa Cooperation Vision 2035.
presence in the continent the pandemic, implementing a Forum on China has also invested in the Uganda’s President Yoweri Museveni China’s move towards peace in Africa
has a larger objective and is
not likely to be limited to
China-Africa Cooperation (FOCAC) Mombasa-Nairobi rail link in Kenya, and has suggested that China give access to its indicates a shift in its principle of
the Horn of Africa. outcomes, and upholding common interests already delivered on railway projects in markets, in a fashion similar to the U.S. or non-intervention. It is China’s message that
while fighting hegemonic politics. Sudan. It also has a viable military hardware Europe. its presence in the continent has a larger
CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC market in Ethiopia and has built over 80 Similarly, in May 2022, the East African objective and is not likely to be limited to the
infrastructural projects in Somalia, including Community (EAC) Secretary General Peter Horn of Africa. This includes an aim to
China’s interests in the Horn of Africa hospitals, roads, schools and stadiums. In Mathuki said the EAC would welcome project itself as a global leader and boost its
are related to four major areas: Djibouti, 14 infrastructural projects are Chinese investors to work in East Africa for international status. Further, the recent
infrastructural projects, financial funded by China. the prosperity of the people. developments imply that China is focussing
assistance, natural resources and With respect to financial assistance, on a multifaceted growth in the continent for
maritime interests Ethiopia, is one of the top five African Is China’s new focus on peace in the the long run. For Africa, China’s presence is
recipients of Chinese investments, and also Horn a shift from Beijing’s principle of an alternative to the European powers,
The FOCAC promotes China’s role in the has a debt of almost $14 billion. China non-intervention? many of whom are facing criticism from
infrastructural and societal development of accounts for 67% of Kenya’s bilateral debt. In Peace and stability is a mutual requirement African governments. Further, African
the Horn. In the 2021 forum, the entire 2022, China promised to provide $15.7 for China and Africa. For Africa, Chinese governments, which do not conform to
region of the Horn participated and four million assistance to Eritrea. investments could lead to stable Western standards of democracy, interact
resolutions were adopted: the Dakar Action The third major Chinese interest in Africa environments which could help the better with powers like China and Russia.
Plan, the China-Africa Cooperation Vision is the presence of natural resources — oil and countries achieve their peace and The authors are research associates at the
2035, the Sino-African Declaration on coal. Beijing has invested $400 million in development objectives. For China, conflict National Institute of Advanced Studies,
Climate Change and the Declaration of the Mombasa’s oil terminal. China is also in the region comes at a heavy cost. In Bengaluru
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EXPLAINER

The G7 plan to counter the Belt and Road initiative

How is the Partnership for Global Infrastructure and Investment going to enhance development in low and middle income countries?

THE GIST
Diksha Munjal transparent infrastructure partnership to rural economy in India. that 89% of the contractors participating
meet the enormous infrastructure needs in BRI projects are Chinese. According to
The story so far: On June 26, U.S. of low and middle-income countries and How does it compare to China’s BRI? Engineering News Record’s 2019 data,
President Joe Biden along with his G7 support the United States’ and its allies’ The Belt and Road project was started to seven out of the world’s 10 biggest
allies unveiled the ambitious Partnership economic and national security revive connectivity, trade, and construction contractors based on
for Global Infrastructure and Investment interests”. The G7 members aim to infrastructure along what was China’s foreign revenue were Chinese. Large B On June 26, U.S.
(PGII), announcing the collective collectively mobilise $600 billion by 2027 ancient Silk Road. China had announced number of Chinese workers are President Joe Biden along
with his G7 allies unveiled
mobilisation of $600 billion by 2027 to to invest in sustainable and quality a two-pronged approach of building a Silk employed in BRI projects; for instance
the Partnership for Global
deliver “game-changing” and infrastructure projects in developing Road Economic Belt on Land and a 1.82 lakh were working in Africa by late Infrastructure and
“transparent” infrastructure projects to countries, including India, and maritime 21st century Silk Road. The 2019. Investment (PGII), largely
developing and middle-income countries. strengthen global supply chains. Mr. project initially aimed to strengthen While G7 leaders emphasised seen as a counter to China’s
The PGII is being seen as the G7’s counter Biden announced the country’s pledge to connectivity with Southeast Asia but later ‘transparency’ as the cornerstone of PGII multi-trillion dollar Belt and
to China’s multi-trillion dollar Belt and channel $200 billion in grants, public infrastructure. expanded to South and Central Asia, projects, the BRI has faced criticism for Road Initiative (BRI).
Road Initiative (BRI) to build connectivity, financing, and private capital over the Mr Biden announced the flagship Africa, Europe, and Latin America, with making countries sign confidential
infrastructure, and trade projects in Asia, next five years for the PGII. European projects for PGII that have either Mr. Xi saying it would “break the tenders for extending massive loans, B All PGII projects will be
Europe, Africa, and Latin America. Commission President Ursula von der commenced or are set to begin. The U.S bottleneck in Asian connectivity”. leaving countries indebted to China. For driven by “four priority
Leyen declared Europe’s pledge of International Development Finance The G7 meanwhile has specifically instance, after the BRI’s flagship $62 pillars that will define the
What is the PGII? mobilising 300 billion euros for the Corporation (DFC), along with the G7 touted the PGII as a values-based plan to billion China-Pakistan Economic second half of the 21st
The West has been sceptical of the BRI, partnership over the same period. nations and the EU are disbursing a $3.3 help underfunded low and Corridor, Pakistan owes Beijing a large century”. Tackling the
since it was launched in 2013 by million technical assistance grant to build middle-income countries meet their proportion of its foreign debt. climate crisis and ensuring
global energy security,
President Xi Jinping, as it was considered What kind of projects will the PGII a vaccine facility in Senegal, having a infrastructure needs. PGII has laid focus China builds BRI’s projects by bolstering digital
to be part of China’s larger strategy to undertake? potential yearly capacity of on climate action and clean energy, while extending large, low-interest loans to information and ICT
increase geopolitical influence in Asia All PGII projects will be driven by “four manufacturing “millions of doses of China has built large coal-fired plants countries that have to usually be paid networks, promoting gender
and other developing countries. The U.S., priority pillars that will define the second COVID-19 and other vaccines”. Ms. Leyen under BRI along with solar, hydro, and over 10 years. There have been cases of equality and equity, and
along with G7 partners the U.K., Japan, half of the 21st century”. First, the G7 said that the European Commission’s wind energy projects. While the G7 has debt-saddled countries failing to repay on lastly, to build and upgrade
France, Canada, Germany, Italy, and the grouping aims to tackle the climate crisis Global Gateway initiative is also pledged $600 billion by 2027, Morgan time. Sri Lanka, for instance, had to cede the global health
European Union (EU), had in 2021 and ensure global energy security undertaking projects supporting the PGII and Stanly estimate that China’s overall its key Hambantota Port on a 99-year infrastructure.
announced the launch of the Build Back through clean energy supply chains. such as mRNA vaccine plants in Latin funding for BRI by that time could reach lease to China. Mr. Biden has said
Better World (B3W) with the aim of Second, the projects will focus on America and a fibre-optic cable linking $1.2 to 1.3 trillion dollars with the actual meanwhile, that PGII aims to build B A PGII project has been
narrowing the $40 trillion infrastructure bolstering digital information and Europe to Latin America among others. funding being higher. Under the PGII, projects through grants and investments. announced in India. On the
gap in the developing world. PGII is communications technology (ICT) In India, the U.S. DFC will invest up to large private capital will be also mobilised A PGII project has already been other hand, India has stayed
therefore, a relaunch of Mr. Biden’s B3W networks facilitating technologies such as $30 million in Omnivore Agritech and while China’s BRI is majorly state-funded. announced in India but India had opted away from China’s BRI,
being wary of Beijing’s aim
plan. 5G and 6G internet connectivity and Climate Sustainability Fund 3, an impact Besides, the BRI was also launched at a out of China’s BRI, being wary of Beijing’s
to increase its influence in
The factsheet put out by the White cybersecurity. Third, the projects aim to venture capital fund that invests in time when China’s local construction aim to increase its influence in the Indian the Indian Ocean Region.
House described the PGII as a advance gender equality and equity, and entrepreneurs building the future of firms were short of projects in developed Ocean Region by roping in Pakistan as a
“values-driven, high-impact, and lastly, to build and upgrade global health agriculture, food systems, climate, and Chinese provinces. Studies have shown major BRI recipient.
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EXPLAINER

How Turkey made peace with

Sweden and Finland joining NATO
Why was Ankara initially against Helsinki and Stockholm joining the North Atlantic Treaty Organization? What changed?
Padmashree Anandan Second, Turkey had raised concerns about
Finland and Sweden being home to Kurdish

THE GIST
The story so far: On June 28, the North activists and militant organisations. Finland
Atlantic Treaty Organization (NATO) and Sweden have now agreed to execute the
Secretary-General Jens Stoltenberg pending “deportations or extraditions” of
announced the signing of a memorandum of listed ‘terror’ suspects made by Turkey.
understanding (MoU) between Turkey, Third, lifting the arms embargo. There has
B On June 28, NATO Finland and Sweden in a trilateral meeting been no clear definition about the category
Secretary-General Jens held in Madrid, Spain. The MoU was signed of weapons, but Finland and Sweden will
Stoltenberg announced the once the Finland President Niinistö and remove the arms embargo against Turkey.
signing of a MoU between Sweden Prime Minister Andersson agreed to Since Finland and Sweden have addressed
Turkey, Finland and Sweden
address the national security concerns of all the above primary concerns of Turkey,
which has led to Turkey
vocalising its support for
Turkey. Following this assurance, President Ankara has decided to withdraw its
the inclusion of both the Erdoğan agreed to support Finland and opposition to Helsinki and Stockholm.
nations in NATO. Sweden in their bid to join NATO.
Why have Finland and Sweden agreed
What does the MoU say? to address the concerns raised by
B Turkey was initially
against Finland and Sweden The key provisions of the MoU include the Turkey?
joining NATO. Though there following three points: a joint commitment Finland and Sweden have considered Mr.
were no direct issues between Turkey, Finland, and Sweden to Erdogan as an authoritarian ruler against
between Turkey with counter terrorism; addressing the pending democratic norms and rights. The earlier
Sweden and Finland, the extradition of terror suspects through a positions of both countries on Turkey were
former was against the bilateral legal framework, and investigating based more on their principles relating to
latter for their position on and interdicting “any financing and democracy, ‘separatism’, the rule of law etc.
the Kurdish issue.
recruitment activities of the PKK and all Their support to Kurdish activists from
other terrorist organisations.” Turkey was based on their larger principles
B On June 28, Deputy than any specific bilateral problem with
CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC
Secretary of the Russian Turkey.
Security Council Dmitry If Sweden and Finland join NATO, it Both Helsinki and Stockholm have agreed
Medvedev cautioned Finland means an enlarged presence of the
and Sweden on continuing
to revisit their position on Turkey, primarily principle. If Sweden and Finland join NATO, both on land and in the Baltic Sea, where A new beginning: From the
with their decision to join
latter around the west and north of due to the threat from Kremlin. The security it means an enlarged presence of the latter Russia holds a strategic position. NATO will left Finnish Foreign
NATO. He referred to the Russia threat from Russia looms large in the around the west and north of Russia. This now also be able to position its weapon Minister Pekka Haavisto,
relations with these national capitals of Finland and Sweden would go against the very objective of systems — further its combat formation and Turkish foreign minister
countries as being Besides the above, Finland and Sweden today as Russia’s military aggression on Moscow interfering in Ukraine — maintaining plan its attack techniques to power up Mevlut Cavusoglu, NATO
respectful and mutually assured that “their respective national Ukraine continues. The fear of their own Russian influence in its immediate deterrence and defence. Secretary-General Jens
friendly. regulatory frameworks for arms exports national security has pushed both nations to neighbourhood. Also, whether the two In 1997, NATO initiated the Stoltenberg, Turkey’s
enable new commitments to Allies”. Both join NATO which in turn has made them countries joining NATO will undermine rapprochement in order to build bridges President Recep Tayyip
countries also promised to stand against agree to Turkey’s conditions. Russia’s interests in the Arctic remains to be with Russia. However, with Russia annexing Erdogan, Finland’s
President Sauli Niinisto,
disinformation and to fully commit to EU’s seen. Both Sweden and Finland are part of the Crimean Peninsula in 2014 and
Sweden’s Prime Minister
CSDP (Common Security and Defence What does this mean for Russia? the Arctic States; Russia currently holds the launching a war in Ukraine, NATO’s
Magdalena Andersson and
Policy) and Turkey’s participation in the Russia shares a 1,340 kilometre long border Arctic Council chair and will remain the rapprochement efforts came to an end. So Swedish Foreign Minister
PESCO (Permanent Structured with Finland. Sweden, though it does not chair until 2023. currently, this might seem an impossible act Ann Linde after signing a
Co-operation) Project on Military Mobility. share a land border, shares the Baltic Sea For Russia, Finland and Sweden joining for both parties. However, with NATO memorandum during a
with Russia. The land/sea borders with NATO not only means an increased NATO encircling Russia from the West, Russia NATO summit in Madrid,
Why did Turkey withdraw its Russia place both countries under direct presence in its neighbourhood but also might consider the option to meet at the Spain on June 28. AFP
*

opposition? threat from the Kremlin. questions its Arctic interests. table at a later stage.
Turkey was initially against Finland and On June 28, Deputy Secretary of the Third, a secured Euro-Atlantic. NATO
Sweden joining NATO. Though there were no Russian Security Council Dmitry Medvedev What does this mean for NATO? presence in the region will securitise and
direct bilateral issues between Turkey with cautioned Finland and Sweden on First, strengthening the alliance. Both safeguard the Baltic states, Estonia, Latvia
Sweden and Finland, the former was against continuing with their decision to join NATO. Finland and Sweden which have followed and Lithuania, which were earlier at risk due
the latter for their position on the Kurdish He referred to the relations with these the non-alignment principle have broken to their close proximity to Russia and
issue and extradition of activists. countries as being respectful and mutually from their natural rule and decided to join Russian attacks. This will not only help
Turkey, after negotiations, agreed to friendly. He underlined that there are no NATO. This does not only mean guarantee of Ukraine win the war but will also enable
withdraw its opposition for the following territorial disputes with these two countries; security against Russia but it also gives NATO NATO to bring in advanced weapons such as
reasons. First, Finland and Sweden should hence they should not worry about any the power to engage. fifth-generation aircraft, technological
promise to address counter-terrorism security threat from Russia. Second, NATO will gain strategic ground weapon systems and strong political
provisions within their countries. Finland Since 1948, Finland, Sweden and Russia to counter Russia. The addition of more institutions across the allied countries.
has committed to modify its criminal code, have maintained economic cooperation, but allies means a steady expansion of the NATO The author is a research associate at the
and Sweden has assured to implement the the relations always remained strained due towards the East, through which it will now National Institute of Advanced Studies
new “Terrorist Offenses Act” from July 1. to the Cold War and Finland’s neutrality be able to exercise its military operations (NIAS), Bengaluru
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EXPLAINER

Indian laws on abortions

What are the conditions under which Indian women can safely terminate pregnancies?

THE GIST
Diksha Munjal Under the Medical Termination of by the government.
Pregnancy (Amendment) Act, 2021, abortion Besides, if the pregnancy has to be
The story so far: In a significant step is permitted after medical opinion under terminated beyond the 24-week gestational
backwards for women’s rights in the U.S., stipulated circumstances. The 2021 Act age, it can only be done on the grounds of
the Supreme Court overturned the landmark increased the upper limit of the gestation foetal abnormalities if a four-member
B In order to reduce Roe v. Wade judgement of 1973, which gave period to which a woman can seek a medical Medical Board, as set up in each State under
maternal mortality owing to women in America the right to have an abortion to 24 weeks from 20 weeks the Act, gives permission to do so.
unsafe abortions, the abortion before the foetus is viable outside permitted in the 1971 Act. But this renewed The law, notwithstanding any of the above
Medical Termination of
the womb or before the 24-28 week mark. upper limit can only be exercised in specific conditions, also provides that where it is
Pregnancy (MTP) Act was
brought into force in 1971. With the setting aside of the historic cases. Gestational age, calculated in weeks, immediately necessary to save the life of the
This law is an exception to judgement on abortion in the U.S, here’s a is the medical term to describe how far pregnant woman, abortion can be carried
the Indian Penal Code (IPC) look at the laws that govern abortion in along the pregnancy is and is measured from out at any time by a single registered medical
provisions of 312 and 313 India. the first day of the woman’s last practitioner.
and sets out the rules of menstruation or period. Unmarried women can also access
how and when a medical How did abortion laws come about in Another major amendment was that MTP abortion under the above-mentioned
abortion can be carried out. India? could not be accessed on the opinion of a conditions, because it does not mention the
In the 1960s, in the wake of a high number single registered medical practitioner up to requirement of spousal consent. If the
B Under the Medical of induced abortions taking place, the Union 20 weeks of the gestational age. From 20 woman is a minor, however, the consent of a
Termination of Pregnancy government ordered the constitution of the weeks up to 24 weeks, the opinion of two guardian is required.
(Amendment) Act, 2021, Shantilal Shah Committee to deliberate on registered medical practitioners is required.
abortion is permitted after the legalisation of abortion in the country. In In the previous version of the Act, the Have there been judicial interventions
medical opinion under
stipulated circumstances.
order to reduce maternal mortality owing to opinion of one registered doctor was in cases of abortions?
The 2021 Act increased the unsafe abortions, the Medical Termination required to access a medical abortion up to Despite the fact that existing laws do not
upper limit of the gestation of Pregnancy (MTP) Act was brought into 12 weeks of pregnancy, while two doctors permit unconditional abortion in the
period to which a woman force in 1971. This law is an exception to the were required to endorse the abortion up to country, in the landmark 2017 Right to
can seek a medical abortion Indian Penal Code (IPC) provisions of 312 20 weeks. Privacy judgement in the Justice K.S.
to 24 weeks from 20 weeks and 313 and sets out the rules of how and Puttaswamy v. Union of India and others,
permitted in the 1971 Act. when a medical abortion can be carried out. What is the MTP (Amendment) Act, the Supreme Court had held that the
But this renewed upper limit Under Section 312 of the IPC, a person 2021? decision by a pregnant person on whether to
can only be exercised in
who “voluntarily causes a woman with child Under the 2021 Act, medical termination of continue a pregnancy or not is part of such a
specific cases.
to miscarry” is liable for punishment, pregnancy is permitted if it is backed by person’s right to privacy as well and,
attracting a jail term of up to three years or medical opinion and is being sought for at therefore, the right to life and personal
B Several women annually fine or both, unless it was done in good faith least one of the following reasons — (1) If the liberty under Article 21 of the Constitution.
approach the apex court and
where the purpose was to save the life of the continuation of pregnancy would involve a Several women annually approach the
High Courts, when medical
boards reject their
pregnant woman. Section 313 of the IPC risk to the life of the pregnant woman (2) If apex court and High Courts, when medical
application to access MTP states that a person who causes the its continuation would result in grave injury boards reject their application to access MTP What are the criticisms against the For autonomy: Protesters
beyond the gestational miscarriage without the consent of the to the woman’s physical or mental health (3) beyond the gestational upper limit (now 24 abortion law? march during an abortion
upper limit, seeking pregnant woman, whether or not she is the In the case of a substantial risk that if the weeks), seeking permission to abort a According to a 2018 study in the Lancet, rights rally in Austin, Texas
permission to abort a in the advanced stages of her pregnancy, child was born, it would suffer from serious pregnancy, mostly in cases where it is a 15.6 million abortions were accessed every on June 25. AFP
*

pregnancy, mostly in cases shall be punished with life imprisonment or physical or mental abnormality. result of sexual assault or when there is a year in India as of 2015. The MTP Act
where it is a result of sexual a jail term that could extend to 10 years, as The pregnancy can be terminated upto 24 foetal abnormality. requires abortion to be performed only by
assault or when there is a
well as a fine. weeks of gestational age after the opinion of A report authored by advocate Anubha doctors with specialisation in gynaecology
foetal abnormality.
two registered medical practitioners under Rastogi for the Pratiya Campaign said that in or obstetrics. However, the Ministry of
How has the MTP Act evolved from 1971 these conditions — (1) If the woman is either the 15 months leading up to August 2020, Health and Family Welfare’s 2019-20 report
to 2021? a survivor of sexual assault or rape or incest High Courts across the country were hearing on Rural Health Statistics indicates that there
The latest amendment to the MTP Act was (2) If she is a minor (3) If her marital status 243 petitions of women seeking permission is a 70% shortage of
made in 2021. Before that new rules were has changed during the ongoing pregnancy to abort. In February this year, the Calcutta obstetrician-gynaecologists in rural India.
introduced in 2003 to allow the use of then (i.e. either widowhood or divorce) (4) If she High Court allowed a 37-year-old woman, As the law does not permit abortion at
newly discovered abortion medicine has major physical disabilities or is mentally who was 34 weeks into her pregnancy, to get will, critics say that it pushes women to
misoprostol, to medically terminate a ill (5) On the grounds of foetal malformation a medical abortion as the foetus was access illicit abortions under unsafe
pregnancy up to seven weeks into it. incompatible with life or if the child is born, diagnosed with an incurable spinal conditions. Statistics put the annual number
Broader amendments to the original Act it would be seriously handicapped (6) If the condition. This judgment allowed abortion of unsafe and illegal abortions performed in
were introduced in 2020 and the amended woman is in humanitarian settings or for the furthest gestational in the country so India at 8,00,000, many of them resulting in
Act came into force in September 2021. disaster, or emergency situations as declared far. maternal mortality.
EXPLAINER
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Open network for digital commerce
What is ONDC and how will it change e-commerce platforms? How will the ONDC network aid online applications?

THE GIST
Yuthika Bhargava adopt and be a part of the ONDC The paper added that ONDC has been Foundation; Kumar Rajagopalan CEO,
network. envisaged as an entity which should be Retailers Association of India; Adil
The story so far: The government of The ONDC aims to enable buying of able to work without the need for Zainulbhai Chairman, Quality Council of
India announced the launch of the pilot products from all participating day-to-day guidance and advisory from India and Capacity Building Commission;
phase of open network for digital e-commerce platforms by consumers the shareholders/members. The and Anil Agrawal, Additional Secretary,
commerce (ONDC) in five cities in late through a single platform. Currently, a independence of the management is Department for Promotion of Industry B ONDC is a not-for-profit
April with an aim to “democratise” the buyer needs to go to Amazon, for linked to the financial independence of and Internal Trade. organisation that will offer a
country’s fast growing digital example, to buy a product from a seller the entity, and therefore, the entity will Over the next five years, the ONDC network to enable local
e-commerce space that is currently on Amazon. Under ONDC, it is envisaged be required to get funding independently expects to bring on board 90 crore users digital commerce stores
dominated by the two that a buyer registered on one and have a self-sustaining financial and 12 lakh sellers on the network, across industries to be
discovered and engaged by
U.S.-headquartered firms — Amazon and participating e-commerce site (for model. enabling 730 crore additional purchases
any network-enabled
Walmart. The announcement was made example, Amazon) may purchase goods and an additional gross merchandising applications.
by Commerce and Industry Minister from a seller on another participating What is the current status? value (GMV) of ₹3.75 crore. The GMV for
Piyush Goyal. “After UPI, another game e-commerce site (for example, Flipkart). Presently, ONDC is in its pilot stage in five the digital commerce retail market in
B The ONDC model is trying
changing idea to democratise commerce The ONDC model is trying to replicate cities — Delhi NCR, Bengaluru, Bhopal, India was ₹2.85 lakh crore ($38 billion) in
to replicate the success of
— ONDC soft launch today to select the success of the Unified Payments Shillong and Coimbatore — with a target 2020, which is only 4.3% of the total the Unified Payments
consumers, sellers and logistics Interface (UPI) in the field of digital of onboarding around 150 retailers. retail GMV in India. Interface (UPI) in the field
providers. Get ready for a world of payments. UPI allows people to send or The government has also constituted of digital payments.
choice, convenience and transparency,” receive money irrespective of the an advisory council to analyse the What are the likely benefits of ONDC
Mr Goyal had tweeted. payment platforms they are registered during the outbreak of the COVID-19 potential of ONDC as a concept and to The ONDC will standardise operations B Over the next five years,
on. The open network concept also pandemic to understand its impact on advise the government on measures like cataloguing, inventory management, the ONDC expects to bring
What is ONDC? extends beyond the retail sector, to any small sellers and hyperlocal supply chain needed to accelerate its adoption. Its order management and order fulfilment, on board 90 crore users and
As per the strategy paper on ONDC, it is a digital commerce domains including functioning. Post which, it found that members include Nandan M. Nilekani, hence making it simpler and easier for 12 lakh sellers on the
not-for-profit organisation that will offer a wholesale, mobility, food delivery, there is a huge disconnect between the Non- Executive Chairman, Infosys; R.S. small businesses to be discoverable over network, enabling 730 crore
network to enable local digital commerce logistics, travel, urban services, etc. scale of online demand and the ability of Sharma, CEO, National Health Authority; network and conduct business. additional purchases.
stores across industries to be discovered the local retail ecosystem to participate. Dilip Asbe, Managing Director and CEO, However, experts have pointed out
and engaged by any network-enabled What led to formation of ONDC? Following this, consultations were held NPCI; Anjali Bansal Founder and some likely potential issues such as
applications. It is neither an aggregator The Department for Promotion of with multiple ministries and industry Chairperson, Avaana Capital; Suresh getting enough number of e-commerce
application nor a hosting platform, and Industry and Internal Trade (DPIIT), experts and “ONDC was envisioned to Sethi, Managing Director and CEO, platforms to sign up, along with issues
all existing digital commerce applications under Ministry of Commerce and revolutionise digital commerce in India,” Protean eGov Technologies Ltd.; Arvind related to customer service and payment
and platforms can voluntarily choose to Industries, conducted an outreach as per the strategy paper. Gupta Co-Founder & Head, Digital India integration.
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EXPLAINER

The judicial validity of the Talaq-e-Hasan mode of divorce

Does this form of annulment have basis in the Quran? What are the different modes of divorce under the Muslim Personal Law?

THE GIST
Ziya Us Salam notice was given on April 19 and the relationship anytime they so desire. If, Talaq-e-Hasan and the now repudiated
second notice was issued on May 19. however, the third pronouncement is instant triple talaq, is Talaq-e-Ahsan.
The story so far: A public interest The hearing comes almost five years made after at least one menstrual cycle, Under this form, a single pronouncement
litigation (PIL) seeking to invalidate after the five judge Bench headed by then then irrevocable divorce takes place. is made. Following the pronouncement, a
Talaq-e-Hasan, the prescribed Islamic Chief Justice J.S. Khehar, and including Significantly, no divorce can be woman has to go through iddat or a
way of divorce, has been filed in the Justice R.F. Nariman, Justice Kurian administered when the woman is waiting period of three months. B A petition filed by Benazir
Supreme Court. Joseph, Justice U.U. Lalit and Justice S. undergoing her menstrual cycle. Even in During this period the divorce can be Hina, a Ghaziabad-based
woman, seeks to make the
Abdul Nazeer had invalidated instant the case of pregnancy, no divorce takes cancelled. However, failure to annul
prescribed Islamic way of
What is the PIL about? triple talaq in their verdict in the Shayara place. And if such a pronouncement is divorce during this period results in it divorce Talaq-e-Hasan
The petition filed by Benazir Hina, a Bano vs the Union of India and others made, it remains in abeyance till the end being finalised after which a woman is unconstitutional as it is
Ghaziabad-based woman, through case in August 2017. The invalidation of of pregnancy. independent, and free to marry another violative of Articles 14, 15 21
Advocate-on-Record Ashwani Kumar instant triple talaq where the court held, Ms. Hina argues that her divorce is man or stay single, as she may choose. and 25 of the Constitution.
Dubey, seeks to make the prescribed “What is bad in theology is bad in law as invalid as she received her divorce Both Talaq-e-Hasan and Talaq-e-Ahsan
Islamic way of divorce Talaq-e-Hasan well”, led to the enactment of the Muslim Unlike instant triple talaq, notices when she was undergoing her enjoy legal validity in almost all Muslim B In instant triple talaq a
unconstitutional as it is violative of Women (Protection of Rights on Talaq-e-Hasan is pronounced with a gap menses. Unlike instant triple talaq, the countries. man pronounces multiple
Articles 14, 15, 21 and 25 of the Marriage) Act 2019. of at least one month or one menstrual Quran clearly mentions the process of Interestingly, women too have a right divorce in one go. It has no
Constitution. Ms. Hina, who claimed to cycle. Only a single revocable divorce Talaq-e-Hasan. According to Surah to end an unsuccessful marriage through scope for reconciliation and
have been unilaterally divorced through How is Talaq-e-Hasan different from takes place through the first Baqarah, verse 229, “Divorce can be Khula. Here a woman gives something to often ends a marriage
the Talaq-e-Hasan mode by her husband instant triple talaq? pronouncement of Talaq-e-Hasan. The pronounced twice; then either the man in return for annulling the instantly. Unlike instant
Yousuf, also prayed that Section 2 of the In instant triple talaq a man pronounces husband and wife are supposed to live honourable retention or kindly release marriage. triple talaq, Talaq-e-Hasan
is pronounced with a gap of
Muslim Personal Law (Shariat) multiple divorce in one go. It has no together after this pronouncement and should follow…” Likewise the opening In April 2021, the Kerala High Court
at least one month or one
Application Act, 1937 that permits scope for reconciliation between the have the option of rapprochement. If the verse of Surah Talaq states, “O Prophet, held this form of divorce valid. The court menstrual cycle.
Muslims to practise unilateral divorce be feuding couple, and often ends a couple is not able to mend fences in the when you divorce women, divorce them overruled a 49-year-old verdict in K.C.
declared void. The apex court had marriage instantly. It is, as the judges intervening period and the husband does for their waiting period, and compute the Moyin vs Nafeesa and Others (1972) that
declined an urgent hearing on the subject held, not mentioned anywhere in the not annul divorce through word or by waiting period accurately…Do not turn barred Muslim women from dissolving B Talaq-e-Hasan enjoys
legal validity in almost all
in May this year. However, on June 17 a Quran which prescribes a code of divorce establishing intimacy, the talaq stays them out of the homes (during the their marriage through non-judicial Muslim countries while
vacation Bench of Justices A.S. Bopanna largely through Surah Baqarah, verses valid. At the end of this month, the waiting period) nor should they go modes. instant triple talaq has been
and Vikram Nath allowed a plea for 226 to 237 and the opening six verses of husband has to pronounce divorce for away…” There is some debate among Islamic banned in many Muslim
urgent hearing of the matter. It was Surah Talaq. Incidentally, triple talaq in the second time. Likewise for the third scholars on the ways of Khula. Some hold countries, including Egypt,
argued that the aggrieved lady and her this manner has been banned in many time. After the second pronouncement Are there other options of divorce that the man’s consent is necessary in Syria, Jordan, Kuwait, Iraq,
child would be left without a remedy if no Muslim countries, including Egypt, Syria, too, the divorce is revocable, and the apart from the Talaq-e-Hasan? Khula while most say that he enjoys no Malaysia etc.
intervention was made. The first talaq Jordan, Kuwait, Iraq, Malaysia etc. couple may resume their conjugal The third option of divorce besides such privilege.
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EXPLAINER

Indian interests at the WTO Ministerial Conference

What is the Geneva package? How did India present and push its interests especially with regard to the fisheries and agriculture sectors?

THE GIST
Saptaparno Ghosh security. and Japan among others , had sought an
Negotiators could not reach agreements extension of the moratorium, with India and
The story so far: On June 17, member on issues such as permissible public South Africa being in opposition.
countries of the World Trade Organization stockholding threshold for domestic food Broadly, ETs consist of online deliveries
(WTO) wrapped up the Ministerial security, domestic support to agriculture, such as music, e-books, films, software and
B On June 17, member Conference’s twelfth outing (MC12) securing cotton, and market access. The central video games. They differ from other
countries of the WTO
agreements on relaxing patent regulations to premise of the agreements was to cross-border e-commerce since they are
wrapped up the Ministerial
Conference’s twelfth outing achieve global vaccine equity; ensuring food ensure availability, accessibility and ordered online but not delivered physically.
(MC12) securing agreements security, according subsidies to the fisheries affordability of food to those in need, Proponents had put forth that the
on relaxing patent sector and continuing moratoriums relevant especially in humanitarian emergencies. It moratorium would help maintain certainty
regulations to achieve to e-commerce, among others. Together encouraged member countries with and predictability for businesses and
global vaccine equity; they constitute what WTO’s Director-General available surplus to release them on consumers particularly in the context of the
ensuring food security, Ngozi Okonjo-Iweala referred to as the international markets in compliance with pandemic. On the other hand, India and
according subsidies to the “Geneva Package.” India saw some successes WTO regulations. Moreover, it instituted a South Africa, citing data from the UN
fisheries sector and
at the MC12 with respect to the above work programme to come up with measures Conference on Trade and Development
continuing moratoriums
relevant to e-commerce, mentioned sectors. to help LDCs (least-developed countries) and (which calculates the amount of printed
among others. Together NFIDCs (Net Food Importing Developing matter, music and video downloads,
they constitute the “Geneva What is the WTO’s Ministerial Countries) enhance their domestic food software and video games), submitted that
Package.” Conference? security and bolster agricultural extending duty-free market access due to the
The MC is at the very top of WTO’s production. moratorium resulted in a loss of $10 billion
B Negotiators could not organisational chart. It meets once every per annum globally — 95% of which was
reach agreements on issues two years and can take decisions on all What about fisheries related borne by developing countries. Additionally,
such as permissible public matters under any multilateral trade agreements? they had also sought more clarity on what
stockholding threshold for agreement. Unlike other organisations, such India successfully managed to carve out an constitutes electronic transmission.
domestic food security, as the International Monetary Fund or World agreement on eliminating subsidies to those Customs duties have been traditionally
domestic support to Bank, WTO does not delegate power to a engaged in illegal, unreported and used to avert an undesired surge in imports,
agriculture, cotton, and board of directors or an organisational chief. unregulated fishing. The only exception for allowing nascent domestic industries to
market access.
All decisions at the WTO are made continuing subsidies for overfished stock is remain competitive. Developing countries
collectively and through consensus among when they are deemed essential to rebuild would need to import sizeable equipment
B Within the next six member countries at varied councils and them to a biologically sustainable level. and services for upscaling their digital
months, members are committees. This year’s conference took Overfishing refers to exploiting fishes at a capabilities. Customs duties provide the
expected to decide on
place in Geneva, Switzerland. pace faster than they could replenish necessary capital infusion for capacity
increasing the scope of the
agreement to cover the
themselves — currently standing at 34% as building and in turn, attempt to address the
production and supply of What were the debates around per the UN Food and Agriculture digital divide — particularly high in
COVID-19 diagnostics and agriculture at the MC? Organization (FAO). Declining fish stocks low-income and developing countries,
therapeutics as well. The agreements on the subject are of threaten to worsen poverty and endanger further exacerbated by the COVID-19
particular significance to India. Referring to communities that rely on aquatic creatures pandemic. It is in this context that India and
its status as a significant contributor to the for their livelihood and food security. South Africa had sought to preserve policy
World Food Programme (WFP), India had Further, the agreements hold that there space for the digital advancement of countries with any number of vaccines. The Trade talks: Director
earlier stated that it had never imposed would be no limitation on subsidies granted developing countries by letting them agreement, however, comes too little, too General of the WTO, Ngozi
export restrictions for procurement under or maintained by developing or generate more revenues from customs and late for economically poorer countries. Okonjo-Iweala speaks at
the programme. It put forth that a blanket least-developed countries for fishing within thereby facilitate more investment. Several LDCs have suffered in their efforts the opening ceremony of
exemption could constrain its work in their exclusive economic zones (EEZ). to combat the now nearly three-year-old the 12th Ministerial
ensuring food security back home. In such a What were the discussions on patent pandemic, owing to factors such as a Conference (MC12) in
situation, it would have to keep its WFP Have the current moratoriums on relaxations? stressed balance of payments situation , Geneva, Switzerland, on
commitments irrespective of its domestic electronic transmissions been Member countries agreed on authorising different levels of development, financial June 12. AFP
*

needs. Negotiators agreed that member extended? the use of the subject matter of a patent for capabilities and varying degrees of import
countries would not impose export Member countries agreed to extend the producing COVID-19 vaccines by a member dependence on those products.
prohibitions or restrictions on foodstuffs current moratorium on not imposing country, without the consent of the rights Within the next six months, members are
purchased for humanitarian purposes of the customs duties on electronic transmission holder. Further, it asks member countries to expected to decide on increasing the scope
WFP. The decision would however not (ET) until MC13 — scheduled to take place in waive requirements, including export of the agreement to cover the production
prevent member countries from adopting December 2023. 105 countries which restrictions, set forth by WTO regulations to and supply of COVID-19 diagnostics and
measures for ensuring domestic food includes the U.S. , the U.K., Australia, China supply domestic markets and member therapeutics as well.
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EXPLAINER

The fragile state of nuclear disarmament

How has India fared in SIPRI’s annual report? Is the world becoming increasingly more militarised?

THE GIST
Rishabh Kachroo Saudi Arabia, Egypt, China, and Australia. not being a single Iranian exchange rate,
According to SIPRI, these five nation states resulting in a hyperinflated estimation of
The story so far: The Stockholm account for 38% of total global arms import. expenditure by SIPRI analysts.
International Peace Research Institute It is claimed that SIPRI is aware of this
(SIPRI) released its yearbook a few days back What are the key ‘accusation’ and will investigate the
B The Stockholm highlighting some worrying trends of the developments/concerns flagged by the ‘exchange rate issue’.
International Peace Research past year in international security. The yearbook?
Institute (SIPRI) released its
expected rise of the global nuclear arsenal The yearbook mentions low level border What is the general attitude among
yearbook a few days back
highlighting some trends of was the chief cause of concern among SIPRI clashes between India and Pakistan, the civil countries about existing nuclear and
the past year in experts. The comprehensive report claims war in Afghanistan, and the armed conflict arms related treaties?
international security. Russia that while absolute numbers of nuclear in Myanmar as some of the worrying Earlier this year, the leaders of the P5
leads the charge in absolute arsenal have reduced, they are expected to indicators of an unstable system. It also countries (China, France, Russia, the U.K.
numbers of nuclear grow over the next decade. highlighted three cause of concern trends: and the U.S.) issued a joint statement
inventory. Chinese-American rivalry, involvement of affirming the belief that “a nuclear war
What have been the trends in military state and non-state actors in multiple cannot be won and must never be fought”.
B India is the top weapons spending? conflicts, and the challenge that climatic and The joint statement also highlighted their
importer during the During 2012-2021, military spending as a weather hazards pose. It is important to note seemingly collective belief that bilateral and
2017-2021 period. Other percentage of gross domestic product has here that the threat posed by climate change multilateral arms control agreements and
countries to feature in the largely been stable. If anything, the average seems to feature in the report only commitments were indeed important. The
top five arms importers list
worldwide trend has been slightly nominally. dichotomy of this sentiment against the
include Saudi Arabia, Egypt,
China, and Australia.
downward. Russia leads the charge in The marginal downsizing observed in the upward trend in absolute numbers of arms
According to SIPRI, these absolute numbers of nuclear inventory (5977 nuclear arsenal has come mostly from the and nuclear arsenals is rather unsettling.
five nation states account against the U.S.’s 5428), however it is the U.S. U.S. and Russia dismantling retired One could however claim that even with
for 38% of total global that has the largest number of deployed warheads. But the Russian invasion of these upward trends, the nation states are
arms import. warheads (1744 against Russia’s 1588). The Ukraine has raised some serious eyebrows making sure to remain well within the ambit
U.K. has 225 nuclear weapons in its because of the continuous rhetoric from the of what the treaties and agreements ask for.
B Recent geopolitical inventory, while France has 290, China has Kremlin over them not shying away from the The tactic here seems to be to milk the
events transpiring around 350, India has 160, Pakistan has 165. Israel is use of nuclear weapons. China’s recent treaties and agreements to the hilt. The
the world in practically all estimated to have 90 and North Korea 20. activities surrounding construction of 300 states are aware of the value of the rhetoric What lies ahead?
regions have made the It is concerning, to say the least, to see new nuclear missile silos have also been and the security dilemma that their actions The recent geopolitical events transpiring
global security climate more how global discourse has created a sense of turning heads. Speaking at the Shangri-La present. The recent Russian invasion of around the world in practically all regions
unstable. Military fear around China’s military modernisation Dialogue, Chinese Defence Minister, Wei Ukraine and the subsequent NATO bids by have made the global security climate more
modernisation is seen to be
and their upward trend in nuclear weapons Fenghe, claimed that while they have made Finland and Sweden seem to be telling unstable. A sense of precariousness lulls the
a global trend. All nuclear
weapon owning states have, development while the thousands of nuclear “impressive progress” vis-à-vis their nuclear events. While the Ukrainian invasion saw air. It is further aided by actions of
over the years, stated and weapons held by the U.S. don’t seem to arsenal, the primary purpose of said arsenal Russian military and political establishments authoritarian leaders of not just
worked upon their intention attract a similar level of attention. continues to be self-defence. Over in the hype-up its nuclear attack rhetoric against non-democratic systems but also of
to modernise multiple facets subcontinent, India and Pakistan seem to be Ukraine, its primary leadership (both civil strongmen leaders of democratic systems.
of their armed forces. What about global arms imports? making gains over their nuclear arsenal (in and military) had been rather diplomatic The muscular military policies of these
Military modernisation is seen to be a global absolute numbers) while also looking at the and ‘relatively’ cordial in its treatment of the nations coupled with the continuous use of
trend. All nuclear weapon owning states development and procurement of newer and Finnish and Swedish NATO bids. rhetoric that fuel public sentiment over the
have, over the years, stated and worked more efficient forms of delivery systems. Clear and constant communication state’s use of military assets make ripe
upon their intention to modernise multiple between the countries involved was conditions for the situation to further
facets of their armed forces—ranging from Has Iran inflated its military instrumental in making sure no unintended deteriorate. A strong political opposition
the development of newer and more expenditure? meanings were construed by the parties would be needed to help keep the ruling
efficient nuclear submarines, aircraft The SIPRI yearbook claims that while there involved. The Russians seem to protract this dispensation in check. Furthermore, the two
carriers, fighter jets, manned and unmanned were some advances over the rollout of the invasion and hope to win it by exhausting largest nuclear weapons holding states need
aerial vehicles to the growing spread of the 2015 Joint Comprehensive Plan of Action, Ukraine’s defence capabilities. to take on a more engaging role in the
use of missile defence systems which may Iran increased its enrichment of The year 2021 also saw the Treaty on the international arena. SIPRI’s yearbook, while
result in aggravating security concerns for Uranium-235 to 60% in 2021. It also reported Prohibition of Nuclear Weapons, 2017 not being devoid of some challenges, forces
other countries. that Iran’s military budget grew to $24.6 coming into effect. The Nuclear Suppliers us to look critically at how the global
The yearbook has highlighted India as billion, growing for the first time in four Group (NSG) and the Missile Technology disarmament project seems to be going.
being the top weapons importer during the years. However, some analysts believe that Control Regimes (MTCR) held their annual Rishabh Kachroo is a Ph.D scholar at the
2017-2021 period. Other countries to feature SIPRI has, over the years, overstated Iran’s meetings despite decision making being department of International Relations and
in the top five arms importers list include military expenditure. This is based on there limited due to the COVID-19 pandemic. Governance Studies at Shiv Nadar University
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EXPLAINER

The FATF and Pakistan’s position on its ‘grey list’

How is Pakistan aiming to get itself removed from the Financial Action Task Force’s grey list?

THE GIST
Diksha Munjal Recommendations for countries range non-members to apply enhanced due help improve the status of tough
from assessing risks of crimes to setting diligence. In the most serious cases, negotiations with the International
The story so far: Ahead of the plenary up legislative, investigative and judicial members are told to apply Monetary Fund to get bailout money.
session of the Financial Action Task Force mechanisms to pursue cases of money counter-measures such as sanctions on Pakistan has found itself on the grey
(FATF), the global financial crime laundering and terror funding. the listed countries. Currently, North list frequently since 2008, for weaknesses
watchdog, from June 14 to 17 in Berlin, Korea and Iran are on the black list. in fighting terror financing and money B Ahead of the plenary
Pakistan which continues to face an What are FATF’s ‘grey’ and ‘black’ Being listed under the FATF’s lists laundering. In 2009, the country began session of the Financial
economic crunch, is hoping for some lists? makes it hard for countries to get aid to cooperate with the FATF-like regional Action Task Force from June
respite in the form of its removal from the While the words ‘grey’ and ‘black’ list do from organisations like the International body, Asia Pacific Group (APG), for a ME 14 to 17, Pakistan is hoping
FATF’s ‘grey list’ or the list of countries not exist in the official FATF lexicon, they Monetary Fund (IMF), Asian process. to get its name removed
REUTERS from the FATF’s ‘grey list’.
presenting a risk to the global financial designate countries that need to work on Development Bank (ADB), and the On completion of the ME in June 2010,
*

system. The decision-making body of the FATF, complying with FATF directives and European Union. It may also affect Pakistan made a “high-level political
In its last plenary meeting in March, known as its plenary, meets thrice a year. those who are non-compliant, capital inflows, foreign direct commitment” to the FATF and APG to B The grey countries are
the FATF had retained Pakistan’s listing, Its meetings are attended by 206 respectively. investments, and portfolio flows. address its strategic AML/CFT designated as “jurisdictions
under increased
asking it to expeditiously address the countries of the global network, At the end of every plenary meeting, deficiencies. It was given an action plan
monitoring”, working with
remaining deficiencies in its financial including members, and observer FATF comes out with two lists of Why is Pakistan on the grey list? which required demonstrating adequate the FATF to counter criminal
system. organisations, such as the World Bank, countries. The grey countries are Pakistan was retained on the grey list in criminalisation of money laundering and financial activities. Black list
some offices of the United Nations, and designated as “jurisdictions under March as it was yet to address concerns terrorist financing as well as showing countries are ‘high-risk
What is the FATF? regional development banks. increased monitoring”, working with the on the front of terror financing adequate measures to identify, freeze and jurisdictions subject to call
The Financial Action Task Force is an The FATF sets standards or FATF to counter criminal financial investigations and prosecutions targeting confiscate terrorist assets. for action’. These nations
international watchdog for financial recommendations for countries to activities. For such countries, the senior leaders and commanders of UN It was taken off the list in 2015 owing to have huge deficiencies in
crimes such as money laundering and achieve in order to plug the holes in their watchdog does not tell other members to designated terrorist groups. Diplomatic its progress but was put back on it in their anti-money laundering
and counter terrorist
terror financing. It was established at the financial systems and make them less carry out due-diligence measures vis-a-vis sources in Pakistan told The Hindu that 2018. It was given a 27-point action plan
financing regimens.
G7 Summit of 1989 in Paris to address vulnerable to illegal financial activities. It the listed country but does tell them to steps had been taken in this direction to restrict terror financing activities. After
loopholes in the global financial system conducts regular peer-reviewed consider the risks such countries possess. such as the sentencing of terror outfit warnings and two deadline extensions on
after member countries raised concerns evaluations called Mutual Evaluations Currently, 23 countries including chief Hafiz Saeed, prosecution of Masood the first plan, Pakistan was prescribed B Pakistan was retained on
about growing money laundering (ME) of countries to check their Pakistan are on the grey list. Azhar, arrest of about 300 other another seven-point action plan by the the grey list in March as it
was yet to address concerns
activities. In the aftermath of the 9/11 performance on standards prescribed by As for the black list, it means countries designated terrorists, and the seizure of APG in 2021, focused specifically on
on the front of terror
terror attack on the U.S., FATF also added it. The reviews are carried out by FATF designated as ‘high-risk jurisdictions more than 1,100 properties owned by combating money laundering. In March, financing investigations and
terror financing as a main focus area. and FATF-Style Regional Bodies (FSRBs), subject to call for action’. In this case, the terror groups. India meanwhile, a Pakistan informed FATF that it had prosecutions targeting
This was later broadened to include which then release Mutual Evaluation countries have considerable deficiencies member of FATF, suspects the efficacy completed 32 of the total 34 action items senior leaders and
restricting the funding of weapons of Reports (MERs). For the countries that in their AML/CFT (anti-money laundering and permanence of Pakistani actions. in the two plans but was retained on the commanders of UN
mass destruction. don't perform well on certain standards, and counter terrorist financing) regimens Pakistan is currently banking on its list. The FATF gave it time till January designated terrorist groups.
The FATF currently has 39 members. time-bound action plans are drawn up. and the body calls on members and potential exclusion from the grey list to 2023 to complete the 2021 plan.
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EXPLAINER

The Ukraine war and the global food crisis

Why are food prices rising? Does Ukraine have other options of exporting its grain other than the Black Sea routes?

THE GIST
Stanly Johny

The story so far: Russia’s invasion of

Ukraine and the subsequent sanctions on its
economy have sent global food prices
B Global food prices are on soaring, threatening to push millions of
the rise. Ukraine and its people, especially those in low-income
allies accuse Russia of countries, into starvation. Ukraine and its
weaponising food, saying allies in the West have accused Russia of
that its blockade of
weaponising food, saying that its blockade of
Ukraine’s Black Sea ports is
the primary reason for the Ukraine’s Black Sea ports is the primary
rising prices, while Moscow reason for the rising prices, while Moscow
has blamed Western has blamed Western sanctions for the crisis.
sanctions for the crisis. As the war, in its fourth month now, is still
raging in Ukraine’s east with no political
B Before the Russian solution on the horizon, the United Nations
invasion of Ukraine started, and Turkey have initiated talks with the
Ukraine had the capacity to Russian leadership to facilitate the exports of
export up to six million grains and fertilizers from Russia and
tonnes of wheat, barley and Ukraine.
maize a month, mainly
through its ports in the How serious is the food crisis?
Black Sea/Sea of Azov. Now,
several Ukrainian port cities
Many countries were facing growing food
are under Russian control insecurity even before Russia’s war. Climate
and have thus brought shocks, conflicts and the COVID-19 pandemic
exports from Ukraine to a had disrupted supply chains, pumping up
grinding halt. While Russia’s prices of both commodities and crops. The
food and fertilizer sectors war in Ukraine has aggravated this situation.
are not directly targeted by As of June 1, 2022, the Agricultural Price
western sanctions, the Index was 40% higher compared to January
sanctions on its financial
2021, according to the World Bank. Maize
sector, which makes
payments difficult for and wheat prices rose 42% and 60%,
Russia, has complicated its respectively, from the levels of January 2021.
exports, including Global food, fuel and fertilizer prices are
foodgrains. projected to be sharply higher this year and
will remain elevated into 2024, the Bank
B Both the UN and Turkey estimates.
have initiated talks with Almost all economies in the world have
Russia to find a solution to been hit by higher food prices. Across the
resume exporting both western world, there’s a cost-of-living crisis
Ukrainian and Russian grain, with food and energy prices rocketing. In the
but no breakthrough has U.S., Treasury Secretary Janet Yellen told
been achieved so far. Russia senators on Tuesday that the country was
and Ukraine together
account for more than a
facing “unacceptable levels of inflation”
quarter of the world’s which would stay so in the coming years. In invasion as the Russian war effort is entirely complicated its exports, including food through Poland or Belarus, and then ship
wheat supplies. the U.K., inflation numbers have already hit focused on Ukraine’s eastern and southern grains. Also, the targeted sanctions on them out from the Baltic Sea ports.
a 40-year high. Almost 90% of emerging parts along the Black Sea/Sea of Azov coast. Russian oligarchs have choked finances for According to UN officials, Kyiv has dismissed
markets and developing economies Now, several Ukrainian port cities, including the agricultural industry. the proposal to seek help from Belarus, a
experienced food price inflation greater than Mariupol, Kherson and Berdyansk, are Russian ally that also faces western
5% this year. Low-income countries that are under Russian control. Although the Is there a way out? sanctions. A Wall Street Journal report
reliant on imports for basic food southern cities of Mykolaiv and Odessa, Russia has suggested that it would resume stated on Tuesday that the U.S. State
consumption, are the hardest hit. According which is known as the ‘Pearl of the Black exports (not sure whether Ukrainian or Department also stays staunchly opposed to
to the UN World Food Programme (WFP), Sea’, are still with the Ukrainians, Russian grains) from the ports on the Sea of giving any concession to Belarus in return
Ethiopia, Nigeria, South Sudan and Yemen commercial ships cannot dock at these ports Azov that it controls (Mariupol and for help for moving food grains. Moving
remain at ‘highest alert’ as hotspots with because of two reasons — Ukraine has mined Berdyansk) and that it would open a them overland via Poland is challenging
“catastrophic conditions”, as Afghanistan the waters around these ports as a deterrent corridor for commercial vessels in the Black because the rail track gauge in Poland is
and Somalia are added to this category. against potential Russian attacks and Russia Sea if Ukraine demines the ports it controls smaller than that of former Soviet countries
has enforced a naval blockade in the waters (mainly Odessa and Mykolaiv). But these such as Ukraine and the Baltic states — this
How important are Russia and Ukraine of the Black Sea. proposals, which were discussed in Ankara means cargoes will have to be moved to
for global food security? CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC on Wednesday, could be implemented only different trains at the Polish-Ukraine border
Russia and Ukraine together account for as part of a deal between Moscow and Kyiv, and then again at the Polish-Lithuania
Many countries were facing growing
more than a quarter of the world's wheat with blessings from the West as Russia seeks border to start exporting them from the
supplies. Russia’s share in the global exports food insecurity even before Russia’s sanctions relief in return for opening the Baltic ports. So, the only practical solution to
of wheat, the world’s most widely grown war. Climate shocks, conflicts, the maritime corridor. Ukraine, however, is take Ukrainian grains to the global markets is
crop, is some 20%, while Ukraine accounts COVID-19 pandemic had disrupted sceptical, saying it doesn’t trust Moscow. No to open the Black Sea routes. And to ease the
for 8%, according to the U.S. Food and Drug supply chains, pumping up prices of breakthrough has been achieved so far. pressure on global food items, Russia will
Administration’s Foreign Agricultural Service both commodities and crops Ukraine has little good options to ship its also have to step up exports of both grains
(FAS). Wheat is a staple food for at least 35% grains out of the country if its ports remain and fertilizers. For this, Kyiv and its allies
of the world’s population, as per the These factors have in effect brought blockaded. One option is to transfer the may have to strike a deal with Russian
estimates of the UN Food and Agriculture exports from Ukraine to a grinding halt. grains overland to the Baltic states, either President Vladimir Putin.
Organization (FAO). About 50 countries According to Ukrainian authorities, more
depend on Russia and Ukraine for more than than 20 million tonnes of grain are stuck in
30% of their wheat imports, according to the warehouses and containers. June marks the
FAO. If Azerbaijan and Georgia source more beginning of a harvesting season in Ukraine
than 80% of their imported wheat from and this season, the country is expected to
Russia and Ukraine, Turkey, Egypt, produce some 30 million tonnes of corn,
Bangladesh and Lebanon meet over 60% of wheat and sunflower oil, half of which are
their imports from these two countries. meant to be exported. But unless the
Besides wheat, Ukraine is the world’s eighth blockade is lifted and Ukraine starts exports,
largest producer and fourth largest exporter the country would not even find enough
of corn, accounting for 16% of global warehousing capacity to store this year’s
exports. Furthermore, Ukraine, which harvest. This would make the food crisis
produces up to 46% of sunflower-seed and worse.
safflower oil is the world’s largest exporter of Besides the blockade, the western
sunflower oil. So, the war and the sanctions sanctions on Russia are also contributing to
have clearly hit the world’s bread basket the crisis. Russia, besides being the world’s
region, adding pressure on food prices. top wheat exporter, is also a leading
exporter of fertilizer, an essential
What is causing the crisis? commodity for food production. Russia and
Before the Russian invasion of Ukraine its ally Belarus together account for some
started, Ukraine had the capacity to export 38% of potassic fertilizers, 17% of compound
up to six million tonnes of wheat, barley and fertilizers, and 15% of nitrogenous fertilizers.
maize a month, mainly through its ports in Fertilizer prices are also on the rise, which
the Black Sea/Sea of Azov. In the eight would make food production costlier.
months before the war, some 51 million Russia’s food and fertilizer sectors were not
tonnes of grain were exported through directly targeted by western sanctions, but
Ukraine’s Black Sea ports, according to the the sanctions on its financial sector, which Unused piles: Scattered grain sits inside a warehouse damaged by Russian attacks in Cherkaska Lozova, outskirts of Kharkiv,
WFP. But exports have collapsed since the made payments difficult for Russia, has eastern Ukraine on May 28. AP
*
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EXPLAINER

The Indian patent regime and its clash

with the U.S. norms
The U.S. Trade Representative highlighted IP challenges in India in its annual Special 301 report released last month

THE GIST
Sruthi Darbhamulla Special 301 report, its annual review This was addressed by the Parliamentary
highlighting the state of intellectual property Standing Committee as well, which pointed
The story so far: The U.S. Trade rights protection in different countries out that the section “acts as a safeguard
Representative (USTR) said in a report which are its trading partners around the against frivolous inventions in accordance
released last month that India was one of the world. with the flexibility provided in the TRIPS
B India became a party to most challenging major economies as far as In its India section, the report highlighted agreement.”
the Trade-Related Aspects IP protection and enforcement is concerned. a range of issues in domains ranging from Section 3(d), as mentioned above,
of Intellectual Property It has decided to retain India on its Priority copyright and piracy to trademark prevents the mere discovery of any new
Rights (TRIPS) Agreement Watch List along with six other countries counterfeiting and trade secrets, saying that property or new use for a known substance
following its membership to
—Argentina, Chile, China, Indonesia, Russia India “remained one of the world’s most from being patented as an invention unless it
the World Trade
Organisation on January 1, and Venezuela. Among the issues raised in challenging major economies with respect to enhances the efficacy of the
1995. the report are India’s inconsistencies protection and enforcement of IP.” substancerepetitive . This prevents, what is
regarding patent protection, including It said patent issues continued “to be of known as “evergreening” of patents.
concerns about what can be patented, particular concern in India,” highlighting the According to the Committee’s report,
B The U.S., in its yearly
Special 301 report,
waiting time for obtaining patents, threat of patent revocations, lack of Section 3(d) allows for “generic competition
highlighted a range of burdensome reporting requirements, and presumption of patent validity and narrow by patenting only novel and genuine
issues in the Indian section, doubts about data safety. India had patentability criteria as issues which “impact inventions.”
ranging from copyright and undertaken an intellectual property review companies across different sectors.”
piracy to trademark exercise last year, where a Parliamentary The USTR had also released a similar TRIPS and the Doha Declaration
counterfeiting and trade The figures in Reitwagen
Standing Committee examined this subject. report in 2021, addressing much of the same The Doha Declaration on the TRIPS consistence with its prevailing
secrets. patent.
concerns. Agreement and Public Health was adopted socio-economic conditions.” It said that this
The Indian patent regime These, and general issues regarding IPR on November 14, 2021, by the WTO member ensures the growth of generic drug makers
B It stated that India must A patent is an exclusive set of rights granted were extensively tackled by the states. This declaration recognises the and the public’s access to affordable
not compromise on for an invention, which may be a product or Parliamentary Standing Committee which “gravity of public health problems affecting medicines.
the patentability criteria process that provides a new way of doing undertook a ‘review of the intellectual developing and least developed nations” and It indicated that India should resolve its
under Section 3(d) since as something or offers a new technical solution property rights regime in India,’. The stresses the need for TRIPS to be part of the differences with the U.S. regarding the
a sovereign country it has
to a problem. Indian patents are governed by Committee tabled its findings before the wider national and international action to disqualification of incremental inventions
the “flexibility to stipulate
limitations on grants of
the Indian Patent Act of 1970. Rajya Sabha and Lok Sabha in July last year. address these problems. through bilateral dialogue.
patents in consistence with India has gradually aligned itself with It recognises that “intellectual property
its prevailing international regimes pertaining to Article 3(d) of the Indian Patent Act protection is important for the development Positive steps
socio-economic conditions.” intellectual property rights. It became a This offered an insight into the landscape of of new medicines,” and acknowledges The report highlighted some positive steps
party to the Trade-Related Aspects of Indian intellectual property law and where it concerns about its effects on prices. Saying taken by India in the recent past, such as the
Intellectual Property Rights (TRIPS) is reasonably in sync with American patent that the TRIPS agreement “does not and accession to the World Intellectual Property
Agreement following its membership to the laws and where it diverges. One of the main should not prevent members from taking Organisation (WIPO) Performances and
World Trade Organisation on January 1, 1995. points of contention between India and the measures to protect public health,” the Phonograms Treaty and WIPO Copyright
India is also a signatory to several IPR U.S. has been Article 3(d) of the Indian declaration points out that the agreement Treaty, collectively known as the WIPO
related conventions, including the Berne Patent Act. “can and should be interpreted and Internet Treaties, in 2018 and the Nice
Convention, which governs copyright, the Section 3 deals with what does not qualify implemented in a manner supportive of Agreement in 2019.
Budapest Treaty, the Paris Convention for as an invention under the Act, and Section WTO members’ right to protect public The Parliamentary Standing Committee
the Protection of Industrial Property, and 3(d) in particular excludes “the mere health and, in particular, to promote access too noted amendments pertaining to Form
the Patent Cooperation Treaty (PCT), all of discovery of a new form of a known to medicines for all.” 27, under the Patents (Amendment) Rules,
which govern various patent-related matters. substance which does not result in the Compulsory licences can be invoked by a 2020. Some notable changes include
An interesting point is that the original enhancement of the known efficacy of that state in public interest, allowing companies allowing a single Form 27 to be filed for
Indian Patents Act did not grant patent substance or the mere discovery of any new apart from the patent owner to produce a multiple related patents, filing of joint forms
protection to pharmaceutical products to property or new use for a known substance patented product without consent. if there are more patentees and allowing
ensure that medicines were available at a or of the mere use of a known process, It concluded that India must not authorised agents to submit forms.
low price. Patent protection of machine or apparatus unless such known compromise on the patentability criteria India and the U.S. will continue to engage
pharmaceuticals were re-introduced after process results in a new product or employs under Section 3(d) since as a sovereign on IP matters, the report says, especially
the 2005 amendment to comply with TRIPS. at least one new reactant” from being country it has the “flexibility to stipulate through the Trade Policy Forum’s
Last month, the U.S. released its yearly eligible for protection under patent law. limitations on grants of patents in Intellectual Property Working Group.
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EXPLAINER

Of what good is a bad bank?

How does the piling up of non-performing assets affect the functioning of a bank? Have bad banks been set up in other countries?

THE GIST
Prashanth Perumal single exclusive entity. The idea of a bad sector banks are managed by bureaucrats
bank has been tried out in countries such as who may often not have the same
The story so far: Finance Minister Nirmala the U.S., Germany, Japan and others in the commitment to ensuring these lenders’
Sitharaman on Monday announced that the past. profitability. To that extent, bailing out
National Asset Reconstruction Company The troubled asset relief program, also banks through a bad bank does not really
B The Finance Minister on (NARCL) along with the India Debt known as TARP, implemented by the U.S. address the root problem of the bad loan
Monday announced that the
Resolution Company (IDRCL) will take over Treasury in the aftermath of the 2008 crisis.
National Asset
Reconstruction Company
the first set of bad loans from banks and try financial crisis, was modelled around the CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC

(NARCL) along with the to resolve them. While the problem of bad idea of a bad bank. Under the program, the
loans has been a perennial one in the Indian U.S. Treasury bought troubled assets such as The troubled asset relief program
India Debt Resolution
Company (IDRCL) will take banking sector, the decision to set up a bad mortgage-backed securities from U.S. banks (TARP), implemented by the U.S.
over the first set of bad bank was taken by the Union government at the peak of the crisis and later resold it Treasury in the aftermath of the 2008
loans from banks and try to during the Budget presented last year in the when market conditions improved. It is financial crisis, was modelled around
resolve them. aftermath of the nationwide lockdowns, and estimated that the Treasury through its the idea of a bad bank
the moratorium was subsequently extended operations earned a nominal profit of
B A bad bank is a financial to borrowers by the Reserve Bank of India anything between $11 billion to $30 billion, Further, there is a huge risk of moral
entity set up to buy (RBI). although some contest these figures. hazard. Commercial banks that are bailed
non-performing assets, or It should be noted that the health of the Many critics, however, have pointed to out by a bad bank are likely to have little
bad loans, from banks. The balance sheets of Indian banks has improved several problems with the idea of a bad bank reason to mend their ways. After all, the
aim of setting up a bad
significantly over the last few years with to deal with bad loans. Former RBI governor safety net provided by a bad bank gives
bank is to help ease the
burden on banks by taking their gross non-performing assets (GNPA) Raghuram Rajan has been one of the fiercest these banks more reason to lend recklessly
bad loans off their balance ratio declining from a peak of 11.2% in FY18 critics of the idea, arguing that a bad bank and thus further exacerbate the bad loan
sheets and get them to lend to 6.9% in Q2FY22. backed by the government will merely shift crisis.
again to customers without bad assets from the hands of public sector
constraints. What is a ‘bad bank’? banks, which are owned by the government, Will it help revive credit flow in the
A bad bank is a financial entity set up to buy to the hands of a bad bank, which is again economy?
B Many critics have pointed non-performing assets (NPAs), or bad loans, owned by the government. There is little Some experts believe that by taking bad
to several problems with from banks. The aim of setting up a bad reason to believe that a mere transfer of loans off the books of troubled banks, a bad
the idea of a bad bank. bank is to help ease the burden on banks by assets from one pocket of the government to bank can help free capital of over ₹5 lakh
Former RBI governor taking bad loans off their balance sheets and another will lead to a successful resolution of crore that is locked in by banks as provisions
Raghuram Rajan has been get them to lend again to customers without these bad debts when the set of incentives against these bad loans. This, they say, will
one of the fiercest critics of constraints. After the purchase of a bad loan facing these entities is essentially the same. give banks the freedom to use the freed-up
the idea, arguing that a bad
from a bank, the bad bank may later try to Other analysts believe that unlike a bad capital to extend more loans to their
bank by the government
will merely shift bad assets restructure and sell the NPA to investors bank set up by the private sector, a bad bank customers. This gives the impression that
from the hands of public who might be interested in purchasing it. A backed by the government is likely to pay banks have unused funds lying in their
sector banks, which are bad bank makes a profit in its operations if it too much for stressed assets. While this may balance sheets that they could use if only
owned by the government, manages to sell the loan at a price higher be good news for public sector banks, which they could get rid of their bad loans. It is,
to the hands of a bad bank, than what it paid to acquire the loan from a have been reluctant to incur losses by selling however, important not to mistake banks’
which is again owned by the commercial bank. However, generating off their bad loans at cheap prices, it is bad reserve requirements for their capital
government. profits is usually not the primary purpose of news for taxpayers who will once again have position. This is because what may be
a bad bank — the objective is to ease the to foot the bill for bailing out troubled banks. stopping banks from lending more bad loans would show their liabilities to be
burden on banks, of holding a large pile of aggressively may not be the lack of sufficient far exceeding their assets. So, a bad bank, in
stressed assets, and to get them to lend more Will a ‘bad bank’ help ease the bad loan reserves which banks need to maintain reality, could help improve bank lending not
actively. crisis? against their loans. by shoring up bank reserves but by
A key reason behind the bad loan crisis in Instead, it may simply be the precarious improving banks’ capital buffers. To the Kallu_Maama
What are the pros and cons of setting public sector banks, some critics point out, capital position that many public sector extent that a new bad bank set up by the
up a bad bank? is the nature of their ownership. Unlike banks find themselves in at the moment. In government can improve banks’ capital
A supposed advantage in setting up a bad private banks, which are owned by fact, many public sector banks may be buffers by freeing up capital, it could help
bank, it is argued, is that it can help individuals who have strong financial considered to be technically insolvent, as an banks feel more confident to start lending
consolidate all bad loans of banks under a incentives to manage them well, public accurate recognition of the true scale of their again.
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Catalog

RoadSafety··············································································································································································································1
Private Player in Space sector················································································································································································ 2
Bail Guidelines by SC······························································································································································································ 3
Pegasus and Msg interpetation··············································································································································································· 4
SCO·························································································································································································································5
SC judgement ESZ and Kerala··············································································································································································· 6
Forest Conservation Rules······················································································································································································ 7
Bharat NCAP··········································································································································································································· 8
Current account Deficit ( not much Important)························································································································································· 9
BRI and South East Asia······················································································································································································· 10
Single Use Plastic································································································································································································· 11
Space Debris········································································································································································································· 12
NIA························································································································································································································ 13
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EXPLAINER

A road safety quartet and the road ahead

What are the key observations made by the new analytical series on road safety published in The Lancet?

THE GIST
G. Ananthakrishnan lakh people die in traffic accidents India, speedy highway construction apex national body for road safety, and
annually, and nearly five crore are without reconciling fast and slow-moving fixing decentralised responsibility at the
The story so far: In spite of several injured; over half of those killed are traffic, presence of ramshackle vehicles, district level.
years of policymaking to improve road pedestrians, cyclists and motorcyclists; rampant wrong-side driving, absence of The Sundar Committee pointed out
safety, India remains among the Low and Middle Income Countries adequate police forces to monitor that India lacked a technically competent
worst-performing countries in this area (LMIC) bear the maximum burden of vehicles and curb drunk driving, and investigation arm that could determine B A new analytical series on
with a toll of 1,47,913 lives lost to road road fatalities and injuries, with high poor trauma care in non-urban centres the cause of accidents; the National Road road safety worldwide,
traffic accidents in 2017 as per Ministry of economic costs — an average of three to contribute to high death and disability Safety Board Rules, 2021, provide for the published by The Lancet,
proposes that India could
Road Transport and Highways statistics. five per cent of GDP — suffered by these rates. formation of technical working groups
cut accident-related deaths
The National Crime Records Bureau countries in 2014. According to the Transport Ministry, covering, among other things, crash by 25 to 40% based on
(NCRB) figure for the same year is India amended its law on motor more than 65% of those killed in road investigation and forensics. There is little evidence that preventive
1,50,093 road accident deaths. Further, vehicles in 2019, but its implementation factors would influence injuries and accidents in 2019 were in rural areas. Yet, clarity on whether the States have interventions produce good
India’s data on road crash mortality are by State governments is not uniform or death. the substantial death toll in densely formed such units to aid traffic outcomes when applied to
seen as an undercount, and the Global complete. A National Road Safety Board Using the Global Burden of Disease populated urban centres — 32.9% — investigation, or whether the insurance well-known risk factors.
Burden of Disease report for 2017 was constituted under the Motor Vehicles data, a statistical model was constructed indicates that better engineering and industry has pressed for these to
estimates, based on verbal autopsy Act, with advisory powers to reform to estimate the number of lives that could enforcement can easily cut fatalities in accurately determine fault. In the B Using the Global Burden
sources, that there were 2,18,876 deaths. safety. The focus of State governments, be saved with interventions in the the current decade, in the run up to the absence of scientific investigation, of Disease data, a statistical
The persistently high annual death toll however, remains conventional, with an respective areas for each country. An SDG goal year of 2030. This would be in perceptions usually guide the fixing of model was constructed to
brings into question the country’s ability emphasis on user behaviour (drivers and average of 20,554 lives could have been consonance with the World Health liability. The MV Act stipulates only a fine estimate the number of
to meet Sustainable Development Goal other road users), education and uneven saved in India with a reduction in speeds, Organization’s (WHO) decade of action up to one lakh for failure to follow norms lives that could be saved
(SDG) 3.6, which aims to halve the enforcement. Low emphasis is placed on 5,683 with helmet interventions and on road safety, recognising it as a major and stipulations by the designated with interventions in the
respective areas for each
fatalities and injuries from road traffic structural change such as raising 3,204 with seatbelts. The savings for public health issue, launched last year. authority, contractor, consultant or
country. An average of
accidents by 2030. The United Nations is engineering standards for roads, curbs on driving under the influence of concessionaire, leading to death or 20,554 lives could have
holding a high-level meeting on Global signages, signals, training for scientific alcohol were not quantified because the What can be done to cut death and disability, and there is little evidence that been saved in India with a
Road Safety on June 30 and July 1, 2022 to accident investigation, raising policing country does not report the percentage injury rates? even this has been enforced after a public reduction in speeds, 5,683
review the progress and challenges. skills and fixing responsibility on of such fatalities. The ambitious amendments to the Motor inquiry. with helmet interventions
government departments for design, In addition, the study series in The Vehicles Act in 2019 (MV Act) have not The authors of The Lancet point out and 3,204 with seatbelts.
What are the new findings on road creation and maintenance of road Lancet also calculates that 17% of road yielded significant results, although the that legislation without enforcement ends
safety? infrastructure. traffic injury-related deaths in LMICs restrictions on vehicular movement for in failure. Moreover, while proven B The authors of The Lancet
A new analytical series on road safety could be avoided if trauma care facilities COVID-19 temporarily slowed the rising interventions are proposed by WHO, point out that legislation
worldwide, published by The Lancet, How can four factors improve safety improved. This is significant as several graph of fatalities and injuries. In many absorptive capacities vary in LMICs. This without enforcement ends
proposes that India and other countries outcomes? accidents take place in rural areas on countries, post-COVID-19 driving has is evident even in fast-growing India, in failure. India amended its
could cut accident-related deaths by 25 to The authors of The Lancet study used highways, and victims are taken to turned more unruly, leading to a rise in since no single department bears law on motor vehicles in
40% based on evidence that preventive common predictors for individual poorly-equipped district hospitals or pedestrian deaths. responsibility to make roads safe. In the 2019, but its
implementation by State
interventions produce good outcomes countries, such as GDP per capita, medical college hospitals. Major interventions in India, first short term, slowing down traffic, governments is not uniform
when applied to four well-known risk population density, and governmental While positive user behaviour — slower suggested by the Sundar Committee particularly near habitations, segregating or complete.
factors — high speed, driving under the effectiveness measured through the travel, wearing of helmets, seat belts and (2007) and ordered by the Supreme slower vehicles, enforcing seat belt and
influence of alcohol, not using proper Worldwide Governance Indicators, and so on — could save thousands of lives, the Court in S. Rajasekaran vs Union of India helmet use and cracking down on
helmets, not wearing seat-belts and not built a statistical estimate of how structural problems linked to unplanned have not made a dent in the problem. drunken drivers could produce
using child restraints. Globally, about 14 interventions on the identified risk motorisation and urbanisation remain. In The measures include setting up of an measurable gains.
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EXPLAINER

The private sector boost in India’s space industry

How does a strong space sector contribute to overall development? Why are private players being encouraged to invest?

THE GIST
Saptaparno Ghosh September 2020) that satellite
communication can help connect 49% of the
The story so far: Principal Scientific world’s unconnected population. In this
Adviser Ajay Kumar Sood stated earlier this light, it must be noted that satellite
month that the government would soon communications, which are used to facilitate
B Principal Scientific Adviser come up with a new space policy that could telecommunication services, are among the
Ajay Kumar Sood stated initiate the rise of India’s own “SpaceX-like major categories for investment in the space
earlier this month that the
ventures”. Mr. Sood stated that the proposed technology sector. Other prominent
government would soon
come up with a new space
move would increase private sector categories include spacecraft and equipment
policy to increase private participation in the industry. Consultations manufacturing.
sector participation in the have already been held and the final version What essentially needs to be remembered
industry. Consultations have of the policy would soon be referred to the is that the space avenue is an integration of
already been held and the Empowered Technology Group for further the aerospace, IT hardware and telecom
final version of the policy examination. According to Mr. Sood, India sectors. It is thus argued that investment in
would soon be referred to has not tapped into its complete potential in this arena would foster positive carryover
the Empowered Technology this sector. “In 2022, the space sector is effects to other sectors as well.
Group for further
examination.
witnessing what the information technology
sector experienced in the 1990s. We will Where does India stand in the global
have our own SpaceX (SpaceX is Elon Musk’s space market?
B Enhancing space private space transportation company) in As per SpaceTech Analytics, India is the
technology would be
the next two years,” he said. sixth-largest player in the industry
beneficial to bolster
connectivity and combat internationally having 3.6% of the world’s
climate-related implications Why is development in the space sector space-tech companies (as of 2021). U.S. holds
through a more secure and important? the leader’s spot housing 56.4% of all
effective means. Enhancing space technology would be companies in the space-tech ecosystem.
beneficial to bolster connectivity and Other major players include U.K. (6.5%), budget in the realm is six times larger than Monitoring and Promotion Directorate
B Private sector’s combat climate-related implications through Canada (5.3%), China (4.7%) and Germany its nearest competitor.” Its space budget was oversees NGPE’s activities as per prescribed
involvement in the long a more secure and effective means. (4.1%). $41 billion in 2021, $23.3 billion of which was regulations and reports back in case any
term, as with other CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC
The Indian Space Industry was valued at focused on NASA. The spur in research and corrective actions or resolutions are
commercial sectors, is $7 billion in 2019 and aspires to grow to $50 innovation driven by government-led required. ISRO shares its expertise in matters
believed to help spur The space avenue is an integration of billion by 2024. The country’s standout spending could also be attributed to the pertaining to quality and reliability
investment and expertise in the aerospace, IT hardware and feature is its cost-effectiveness. India holds global concentration of considerable protocols, documentations and testing
the realm which is telecom sectors. Investment in this the distinction of being the first country to number of private investors in the country. procedure through IN-SPACe’s ‘interface
capital-intensive and
arena would foster positive carryover have reached the Mars’ orbit in its first India’s total budgetary allocation for mechanism’.
demands high technology.
effects to other sectors as well. attempt and at $75 million — way cheaper FY2022-23 towards the Department of Space Additionally, constituted in March 2019,
than Western standards. was ₹13,700 crore. Further, as per Tracxn NewSpace India Ltd (NSIL), is mandated to
Satellites provide more accurate Most companies in the sector, globally, are data, funding into the sector’s start-ups (in transfer the matured technologies developed
information on weather forecasts and assess involved in manufacture of spacecraft India) nearly tripled to $67.2 million on a by the ISRO to Indian industries. All of them
(and record) long-term trends in the climate equipment and satellite communications. year-over-year basis in 2021. are under the purview of the Ministry of
and habitability of a region. For example, by The Union Minister of State for Science and Defence.
monitoring the long-term impact of climate Technology Dr. Jitendra Singh had stated How is the private sector’s involvement Private sector’s involvement in the long
change at regional, territorial, and national earlier this month that of the 60-odd regulated in India? term, as with other commercial sectors, is
scales, governments would be able to devise start-ups that had registered with the Indian In June 2020, the Union government believed to help spur investment and
more pragmatic and combative plans of Space Research Organisation (ISRO), a announced reforms in the space sector expertise in the realm which is
action for farmers and dependent industries. majority of them were dealing in projects enabling more private players to provide capital-intensive and demands high
Additionally, they can also serve as real-time related to space debris management. As end-to-end services. technology.
monitoring and early-warning solutions space becomes more congested with An announcement for the establishment Dr. Singh had tabled in a written reply to
against natural disasters such as satellites, the technology would thus help in of the Indian National Space Promotion and the Lok Sabha in June 2021 that the space
earthquakes, tsunamis, floods, wildfires, managing ‘space junk’ (debris of old Authorisation Centre (IN-SPACe) was made. sector reforms were made with the intention
mining etc. Real-time tracking can also serve spacecraft and satellites). It was mandated the task of promoting, to provide a “level playing field” to private
multiple purposes in defence. U.S. and Canada were the highest authorising and licensing private players to companies in satellites, launches and
As for connectivity, satellite receivers of space-related investment in carry out space activities. As an oversight space-based services.
communication can reach more remote 2021. A scrutiny of SpaceTech data puts forth and regulatory body, it is responsible for The central idea was to bring forth a
areas where conventional networks would that U.S. alone has more companies in the devising mechanisms to offer sharing of predictable policy and regulatory
require a heavy complimenting sector than the next 15 countries combined. technology, expertise, and facilities free of environment for them and additionally
infrastructure. Additionally, as to reliability, Forbes pointed out in May 2021 that, “…it cost (if feasible) to promote non-government provide access to ISRO facilities and assets to
the World Economic Forum had stated (in helps when your country’s government private entities (NGPEs). . IN-SPACe’s improve their capacities.
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EXPLAINER

The latest guidelines on arrests and bail orders

Why have fresh provisions been issued by the Supreme Court? What are the directions ordered with respect to undertrial prisoners?

THE GIST
G.S. Bajpai “arrest and detention in police lock-up of consider the introduction of a separate undertake an exercise on the need for
Anubhav Kumar a person can cause incalculable harm to enactment, in the nature of a Bail Act, so special courts. The vacancies in the
the reputation and self-esteem of a as to streamline the grant of bails. position of Presiding Officers of the
The story so far: On July 11, a division person”. Further, in the case of Arnesh As part of the new guidelines, it is special courts will have to be filled up
bench of the Supreme Court of India in Kumar, the apex Court had rightly clearly stated that there need not be any expeditiously. The CJI has also raised the
Satender Kumar Antil vs CBI laid down observed that “arrest brings humiliation, insistence on a bail application while issue of vacant positions and B A division bench of the
fresh guidelines on arrests in order to curtails freedom and cast scars forever”. considering the application under infrastructural requirements in the Supreme Court in Satender
have strict compliance with the In recent times, there have been several Sections 88, 170, 204 and 209 of the judiciary. Kumar Antil vs CBI has laid
down fresh guidelines on
provisions of Section 41 and 41A of the controversies regarding the arrest and Code. The Court said that “there needs to
arrests in order to have
Code of Criminal Procedure, 1973. These subsequent bail of accused persons. be a strict compliance of the mandate What about undertrial prisoners? strict compliance of the
guidelines are in addition to the earlier With regard to the Satender Kumar laid down in the judgment of this court in The High Courts have been directed by provisions of Section 41 and
ones which the apex court had already Antil case, the Court has issued specific Siddharth” (Siddharth vs State of U.P., the apex court to identify undertrial 41A of the Code of Criminal
laid down in the case of Arnesh Kumar vs directions and has also called for a 2021). It is a clear direction of the Court prisoners who cannot comply with bail Procedure, 1973.
State of Bihar (2014). The Court in the compliance report. The Court said that that bail applications ought to be conditions. After doing so, appropriate
present case has also emphasised upon the investigating agencies and their disposed of within a period of two weeks action will have to be taken in the light of B Section 41 provides for
separate legislation on the law relating to officers are duty-bound to comply with except if the provisions mandate Section 440 of the Code, facilitating their the circumstances in which
bail and has also issued specific the mandate of Section 41 and 41A and the Code. The Court stated that any otherwise — the exception being an release. Under Section 440, the amount arrest can be made by the
directions in this regard. On July 16, even the directions issued in the Arnesh dereliction on the part of the agencies intervening application. The Court also of bond shall not be excessive, and high police without a warrant.
the Chief Justice of India (CJI) cautioned Kumar case. has to be brought to the notice of the said that “applications for anticipatory courts and sessions courts may reduce Section 41A provides for the
against “hasty and indiscriminate higher authorities by the court followed bail are expected to be disposed of within the amount prescribed by the magistrate requirement of a notice to
arrests”. He further commented on the What are Sections 41 and 41A of the by appropriate action. The Bench further a period of six weeks with the exception or a police officer. An exercise will have be sent by the investigating
agencies before making an
delay in bails and the plight of undertrial Code of Criminal Procedure? said that the courts will have to satisfy of any intervening application”. to be done similarly to comply with the
arrest in certain conditions.
prisoners. Section 41 of the Code provides for the themselves on the compliance of Section mandate of Section 436A of the Code,
circumstances in which arrest can be 41 and 41A. Any non-compliance would What steps need to be taken for under which a person imprisoned during
How is a person arrested? made by the police without a warrant and entitle the accused for grant of bail. compliance of these orders? investigation or trial shall be released on B The High Courts have also
Arrest in its simplest form is defined as, mandates for reasons to be recorded in The State and Central governments will bail on completion of half of the jail term been directed to undertake
the exercise of finding out
“when one is taken and restrained from writing for every arrest and non-arrest. What are the guidelines with respect have to comply with the directions issued prescribed for that offence. the undertrial prisoners who
his liberty”. The police has wide powers Section 41A of the Code provides for the to bail? by the Court from time to time with G.S. Bajpai is the Vice Chancellor, are not able to comply with
to arrest under the Code of Criminal requirement of a notice to be sent by the Regarding bail, the Court has made a respect to the constitution of special Rajiv Gandhi National Law University, bail conditions.
Procedure, 1973. In the Joginder Kumar investigating agencies before making an specific observation in the form of an courts. The High Court in consultation where Anubhav Kumar is Assistant
(1994) verdict, the Court had stated that arrest in certain conditions prescribed by obiter that the Government of India may with the State governments will have to Professor
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EXPLAINER

One year since the Pegasus spyware revelations

How does the Pegasus spyware operate? Who does it target and why is the government under scrutiny?

THE GIST
P.J. George inside the phone, Pegasus can start with the Supreme Court alleging that the level, but in “unavoidable circumstance”
Saptaparno Ghosh transmitting any data stored on the government had indulged in mass can be cleared by a Joint Secretary or
phone to its command-and-control surveillance in an attempt to muzzle free officers above, if they have the Home
The story so far: The Supreme Court centres. speech and democratic dissent. In Secretary’s authorisation. In the K.S.
will be hearing the case pertaining to the response to the petitions, the Supreme Puttaswamy vs Union of India verdict of
alleged use of the Pegasus spyware How was Pegasus used in India? Court asked the Centre to file a detailed 2017, the Supreme Court further B The Supreme Court would
software later this month. Last year, a Reports that appeared in July 2021 from affidavit regarding the use of Pegasus. reiterated the need for oversight of be hearing the case
consortium of 17 journalistic the Pegasus Project, which includes The However, the Centre refused to comply, surveillance, stating that it should be pertaining to the alleged
organisations globally put forth a list Wire in India, The Guardian in the U.K., arguing that such a public affidavit would legally valid and serve a legitimate aim of use of the Pegasus spyware
software later this month.
alleging the use of the spyware by the and The Washington Post in the U.S., said compromise national security. Following the government.
The matter first reached the
Union government to snoop on several that in India, at least 40 journalists, this, the Supreme Court had appointed The second legislation enabling apex court on October 27
prominent individuals. The matter first Cabinet Ministers, and holders of the expert panel led by Justice R.V. surveillance is Section 69 of the last year. Back then, the
reached the apex court on October 27 last constitutional positions were possibly Raveendran. The Government has so far Information Technology Act, 2000. It court constituted a
year. Back then, the court constituted a What is Pegasus? subjected to surveillance using Pegasus. not responded to the NYT report, except facilitates government “interception or committee to look into the
committee, overseen by former Supreme The Pegasus spyware can not only mop The reports were based on a database of for Minister of State Gen (Retd) V.K. Singh monitoring or decryption of any charges and accordingly
Court judge Justice R.V Raveendran, to up information stored on phones such as about 50,000 phone numbers accessed calling The New York Times a “supari” information through any computer submit a report
look into the charges and accordingly photos and contacts, but can also activate by the Paris-based non-profit Forbidden (hit-job) newspaper. resource” if it is in the interest of the “expeditiously”.
submit a report “expeditiously”. a phone’s camera and microphone and Stories and Amnesty International. These “sovereignty or integrity of India,
turn it into a spying device without the numbers were reportedly of interest to What do Indian laws outline? defence of India, security of the state, B The Pegasus spyware can
What were the objectives of the owner’s knowledge. clients of the NSO Group (developer of Section 5(2) of The Indian Telegraph Act, friendly relations with foreign States or not only mop up
committee? The earliest avatars of Pegasus used the Pegasus software). According to The 1885, states that the government can public order” or for preventing or information stored on
The committee overseen by Justice R.V spear phishing to enter phones, utilising Guardian, Amnesty International’s intercept a “message or class of investigating any cognisable offence. The phones such as photos and
contacts, but can also
Raveendran was mandated to inquire, a message designed to entice the target to Security Lab tested 67 of the phones messages” when it is “in the interests of procedure for it is detailed in the
activate a phone’s camera
investigate and determine, among other click on a malicious link. However, it linked to the Indian numbers in the the sovereignty and integrity of India, the Information Technology Rules, 2009. and microphone and turn it
things, if Pegasus was used to eavesdrop evolved into using “zero-click” attacks database and found that “23 were security of the state, friendly relations These rules, according to Apar Gupta, into a spying device without
on phones and other devices of Indian wherein the phones were infected successfully infected and 14 showed signs with foreign states or public order or for lawyer and executive director of the the owner’s knowledge.
citizens. Details were sought on whether without any action from the target of attempted penetration”. preventing incitement to the commission Internet Freedom Foundation, are very
the government had taken any action individual. In 2019, WhatsApp released a Since Pegasus is graded as a of an offence”. The operational process broad and allow even the redirection of B Reports that appeared in
after reports emerged in 2019 about statement saying that Pegasus could enter cyberweapon and can only be sold to for it appears in Rule 419A of the Indian traffic to false websites or the planting of July 2021 said that in India,
WhatsApp accounts being hacked by the phones via calls made on the platform, authorised government entities as per Telegraph Rules, 1951. Rule 419A was any device to acquire information. Mr. at least 40 journalists,
same spyware and if the government had even if they were not attended. Pegasus Israeli law, most reports have suggested added to the Telegraph Rules after the Gupta is of the opinion that the use of Cabinet Ministers, and
indeed acquired such a suite. The article used several such “exploits” to enter that the governments in these countries verdict in the People’s Union for Civil Pegasus is illegal as it constitutes holders of constitutional
had alleged that Pegasus was part of a $2 Android and Apple phones. Many of are the clients. Liberties (PUCL) vs Union of India case, unauthorised access under Section 66 of positions were possibly
billion “package of sophisticated these exploits were reportedly “zero in which the Supreme Court said the Information Technology Act. Section subjected to surveillance
weapons and intelligence gear” between day”, which meant that even the device What has been the fallout? telephonic conversations are covered by 66 prescribes punishment to anyone who using Pegasus. The Indian
government has so far
India and Israel after Narendra Modi manufacturers were unaware of these The Indian government has so far neither the right to privacy, which can be gains unauthorised access and neither confirmed nor
became the first Indian Prime Minister to weaknesses. Pegasus can also be confirmed nor denied that it has breached only if there are established “downloads, copies or extracts any data”, denied that it has deployed
visit Israel. It added that it was after this delivered through a nearby wireless deployed Pegasus for any operation. In procedures. Under Rule 419A, or “introduces or causes to be introduced Pegasus for any operation.
deal that India changed its historically transmitter, or manually inserted if the the wake of the Pegasus Project surveillance needs the sanction of the any computer contaminant or computer
pro-Palestine stance. target phone is physically available. Once revelations, several petitions were filed Home Secretary at the Central or State virus,” as laid down in Section 43.
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EXPLAINER

The Shanghai Cooperation Organisation

and its stature in the modern world
What is the SCO and how does the grouping impact India? Is it set up to counter the West?

THE GIST
Saptaparno Ghosh in to help the Central Asian countries resolve sidelines of the Moscow conference in 2020.
some of their boundary disputes. India is also a part of the ‘Quadrilateral’
The story so far: Iran and Belarus could In 2001, the ‘Shanghai Five’ inducted grouping with the U.S., Japan and Australia.
soon become the newest members of the Uzbekistan into its fold and named it the Its association with the grouping of a rather
China and Russia-backed Shanghai SCO, outlining its principles in a charter that different nature is part of its foreign policy
B Founded in June 2001 as Cooperation Organisation (SCO). “In the promoted what was called the “Shanghai that emphasises on principles of “strategic
the ‘Shanghai Five’, the Samarkand summit [in September], we spirit” of cooperation. The charter, adopted autonomy and multi-alignment”.
grouping consisted of expect the leadership to adopt a document in St. Petersburg in 2002, enlists its main
Russia, China, Kazakhstan, on the obligations Iran must fulfil to gain goals as strengthening mutual trust and What is the organisational structure?
Kyrgyzstan and Tajikistan. membership. The legal procedures of neighbourliness among the member states; The SCO secretariat has two permanent
They came together in the Belarus’s accession are about to start. We promoting their effective cooperation in bodies — the SCO Secretariat based in Beijing
post-Soviet era in 1996, in
need to build consensus on the acceptance politics, trade, economy, research and and the Executive Committee of the Regional
order to work on regional
security and reduction of of Belarus,” Chinese diplomat and technology, and culture. Its focus areas Anti-Terrorist Structure (RATS) based in
border troops. incumbent Secretary-General of SCO, Zhang include education, energy, transport, Tashkent. Other than this, the grouping
Ming, stated last week. According to him, the tourism and environmental protection. consists of the Heads of State Council (HSC),
suggested expansion would exhibit the It also calls for joint efforts to maintain the Heads of Government Council (HGC) and
B India acquired the
observer status in the
collective’s rising international influence and and ensure peace, security and stability in the Foreign Ministers Council.
grouping in 2005 and was its principles being widely accepted. the region; and the establishment of a The HSC is the supreme decision-making
admitted as a full member democratic, fair and rational new body of the organisation. It meets annually
in 2017. What is the SCO? international political and economic order. to adopt decisions and guidelines on all not be at the expense of another country — Joint venture: The SCO
Founded in June 2001, it was built on the The precise assertion, combined with some important matters relevant to the blaming the West (specifically referring to calls for joint efforts to
‘Shanghai Five’, the grouping which of the member states’ profiles, of building a organisation. The HGC (mainly including NATO) for the entire episode. Thus, the maintain and ensure peace,
B Through the years, the
SCO hosts have encouraged consisted of Russia, China, Kazakhstan, “new international political and economic Prime Ministers) also meets annually to zero organisation spearheaded by both Russia security and stability in the
members to use the Kyrgyzstan and Tajikistan. They came order” has often led to it being placed as a in on the organisation’s priority areas and and China does not find its supporters in the region; and the
platform to discuss together in the post-Soviet era in 1996, in counter to treaties and groupings of the multilateral cooperation strategy. It also West. Moreover, on the proposed induction establishment of a
differences with other order to work on regional security, West, particularly North Atlantic Treaty endeavours to resolve present economic and of Iran, journalist and commentator Nazila democratic and rational
members on the sidelines. reduction of border troops and terrorism. Organisation (NATO). cooperation issues alongside approving the Fathi, writing for the Middle East Institute, new international political
They endowed particular focus on ‘conflict The grouping comprises eight member organisation’s annual budget. The Foreign stated in September 2021 that the country order. AFP
*

resolution’, given its early success between states — India, Kazakhstan, China, Ministers Council considers issues might not see much short-term benefit,
China and Russia, and then within the Kyrgyzstan, Pakistan, Russia, Tajikistan and pertaining to the day-to-day activities of the however, it would signal closer ties with both
Central Asian Republics. Uzbekistan. The SCO also has four observer organisation, charting HSC meetings and China and Russia.
states — Afghanistan, Iran, Belarus and consultations on international problems The Iranian leadership has often stressed
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Mongolia — of which Iran and Belarus are within the organisation and if required, that the country must “look to the East”.
The HSC is the supreme now moving towards full membership. makes statements on behalf of the SCO. This is essential not only to resist its
decision-making body of the economic isolation (by addressing the
organisation. It meets annually to How is this relevant to India? Is it about countering the West? banking and trade problems on account of
adopt decisions and guidelines on all India acquired the observer status in the The Council on Foreign Relations (CFR) U.S. sanctions) from the West, but also find
important matters relevant to the grouping in 2005 and was admitted as a full noted in 2015 that decades of rapid strategic allies that would help it to reach a
organisation member in 2017. Through the years, the SCO economic growth had propelled China onto new agreement on the nuclear program. In
hosts have encouraged members to use the the world’s stage, whereas Russia found itself other words, using its ties with China and
Some of their prominent outcomes in this platform to discuss differences with other beset with economic turmoil following the Russia as a leverage against the West.
arena entail an ‘Agreement on members on the sidelines. It was on such an Crimean annexation in 2014 and ejection Additionally, it would help it strengthen its
Confidence-Building in the Military Field occasion that Prime Minister Narendra Modi from the G8 grouping. involvement in Asia.
Along the Border Areas’ (in 1996) between held a bilateral meeting with former Most recently, Russia’s action in Ukraine The same premise applies for Belarus,
China, Russia, Kazakhstan, Kyrgyzstan and Pakistani Prime Minister Nawaz Sharif in caused it to be subjected to sanctions on which lent its support to Russia for its
Tajikistan, which led to an agreement on the 2015 in Ufa, and Foreign Minister S. multiple fronts by the West. China, in what actions in Ukraine. An association with the
mutual reduction of military forces on their Jaishankar negotiated a five-point agreement could be referred to as ‘distance diplomacy’, SCO bodes well for its diplomacy and
common borders in 1997. It would also pitch with his Chinese counterpart Wang Yi on the had held that security of one country should regional stature.
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EXPLAINER

Why is Kerala protesting Supreme

Court’s ESZ notification
Why is the notification controversial in the State? What were the earlier efforts of the State to draft ESZ notifications? How
have the people of the State reacted to the directive?

THE GIST
K.S. Sudhi
the State government had submitted the
proposal earlier.
The story so far: On July 7, the Kerala State The State is yet to submit the draft ESZ of
Assembly unanimously passed a resolution Karimpuzha Wildlife Sanctuary, the newest
urging the Central government to exclude one in Kerala, located in Malappuram
B Nearly 30% of Kerala is the State’s human habitations, farmlands district.
forested land and the and public institutions from the purview of What worries the State is the possible
Western Ghats occupies the Ecologically Sensitive Zones (ESZ), impact of the apex court’s order on its
48% of the State. recently notified by the Supreme Court, to unique landscape. Nearly 30% of Kerala is
be set-up around all protected forests in the forested land and the Western Ghats
B Kerala apprehends that country. The Assembly also called upon the occupies 48% of the State.
the Supreme Court’s Centre to notify the zones by considering the Moreover, there is a network of lakes,
notification would adversely State government’s proposals that marked canals, wetlands and the 590-kilometre-long
impact the interests of the the ESZ as zero around 10 protected areas of coastline, which are all governed by a series
State besides upsetting the
the State, urging the union government to of environmental conservation and
lives of millions living near
the protected areas. enact laws for the purpose. protection legislations, leaving little space
for its 3.5 crore population to occupy.
Why is the ESZ notification With an average population density of
B As it occurred during the
controversial in Kerala? 900 persons per square kilometre, much
post Western Ghats Ecology
Expert Panel (WGEEP) days,
The June 3 directive by a three-judge higher than the national average, the
a section of the Church has Supreme Court Bench consisting of Justices demographic pressure on the available land
openly come out against the L. Nageswara Rao, B. R. Gavai and Anirudha is unusually high in the State, as noted by
notification. Bose to have a mandatory ecologically the State Assembly’s resolution.
sensitive zones of minimum one kilometre The State Government apprehends that government to re-look the ESZs of at least 10 thousands of settler farmers and people Initial help: Kerala is pinning its
measured from the demarcated boundary of the Supreme Court’s notification may protected areas which were earlier marked living on the forest fringes. The forum hope on the Centre’s stand
every protected forest, including the worsen the ground situation as it would as zero. apprehended that the order will effectively that it was willing to discuss its
national parks and wildlife sanctuaries, has adversely impact the interests of the State turn four lakh acres around the 23 wildlife concerns with the State
stirred the hornet’s nest in Kerala where any besides upsetting the lives of millions living What has been the reaction to the sanctuaries in the State into buffer zones, government. VISHNU PRATHAP
*

regulatory mechanism on land and land use near the protected areas. directive? thus affecting around 1.5 lakh families.
patterns would have political ramifications. The apex court order comes a decade after Since June 3, both the ruling Left Front
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How did the State’s earlier efforts to the Western Ghats Ecology Expert Panel and the Opposition have observed hartals in
draft ESZ notifications go? (WGEEP) report, aka Gadgil report, that had the hilly districts of the State, protesting the
With an average population density Earlier, while preparing the draft ESZ radically influenced the socio-political, Supreme Court directive.
of 900 persons per square kilometre, notifications for its protected areas including economic and ecological narratives in the
much higher than the national the Malabar, Idukki, Aralam, Kottiyoor, State. Though not to the level of the What’s next for Kerala?
average, the demographic pressure Shendurney and Wayanad wildlife high-pitched public unrest and protests that Kerala is pinning its hope on the Centre’s
on the available land is unusually sanctuaries, the State Government had taken the State witnessed during the days stand that it was willing to discuss its
high in the State care to exclude the areas with high preceding the WGEEP report, the ESZ concerns with the State government. The
population density, government and notification too has triggered state-wide State government has also decided to
The Union Ministry of Environment, quasi-government institutions, and public protests. As it occurred during the post explore the option of approaching the
Forest and Climate Change had notified the institutions from the ambit of the WGEEP days, a section of the Church has Central Empowered Committee, as directed
draft ecologically sensitive zones of 20 of the notification. openly come out against the notification. by the Supreme Court in its order, to
23 protected areas in the State, while issuing The marking of the ESZ for the protected The Church groups have also demanded convince the forum of the need to maintain
the final notification of the Mathikettan areas that shared the forest boundary with the recalling of the apex court order. zero ecologically sensitive zone in the areas
Shola National Park way back in December the neighbouring States was a peaceful affair The Kerala Catholic Bishops’ Council, a of human habitation.
2020. as there were no human habitations in powerful body catering to the special needs It may also approach the apex court
However, the draft notification of the between. of the apostolate in the State, termed the seeking exemption from the one kilometre
Periyar National Park, also called as Periyar However, the apex court’s recent order apex court verdict as unfortunate as it feared ecologically sensitive zone regime and to
Tiger Reserve, is yet to be published though has changed the picture and forced the State that the order will upset the lives of limit it to zero wherever required.
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EXPLAINER

The debate around the Forest

Conservation Rules
What are the Forest Conservation Rules and how will it affect forest dwellers and tribals? What is the government’s position
on the updated rules?

THE GIST
Jacob Koshy user agency, or those who have requested for developmental work.
forest land, have made a convincing case for Prior to the updated rules, state bodies
The story so far: The Congress and the the upheaval of that specific parcel of land, would forward documents to the FAC that
Bharatiya Janata Party (BJP) sparred earlier whether they have a plan in place to ensure would also include information on the status
this week on the latest version of the Forest that the ensuing damage — from felling of of whether the forest rights of locals in the
B Forest Conservation Rules Conservation Rules. Congress spokesperson, trees in that area, denuding the local area were settled.
prescribe the procedure to Jairam Ramesh, alleged that the latest landscape — will be minimal and the said After 2009, the Environment Ministry
be followed for forest land
version of the rules, updated last month, piece of land doesn’t cause damage to passed an order mandating that proposals
to be diverted for
non-forestry uses such as allowed forest land to be diverted to industry wildlife habitat. would not be entertained by the FAC unless
road construction, and without settling questions of the rights of Once the FAC is convinced and approves there was a letter from the State specifying
highway development. forest dwellers and tribals who resided on (or rejects a proposal), it is forwarded to the that the forest rights in the place had been
those lands. The Union Minister of concerned State government where the land “settled” and the gram sabha, or the
B The latest version of the
Environment, Forest and Climate Change, is located, who then has to ensure that governing body in villages in the area, had
rules, which consolidates Bhupender Yadav and Tribal Affairs Minister, provisions of the Forest Right Act, 2006, a given their written consent to the diversion
changes to the Act over the Arjun Munda, denied these claims. separate Act that protects the rights of forest of forest.
years from various dwellers and tribals over their land, are However, there have been a series of
amendments and court What are the Forest Conservation complied with. orders by the Environment Ministry over the
ruling, was made public on Rules? The FAC approval also means that the years, and frequently opposed by the
June 28, 2022. The Forest Conservation Rules deal with the future users of the land must provide Ministry of Tribal Affairs, that have sought to
implementation of the Forest Conservation compensatory land for afforestation as well skirt the necessity for consent from the gram
B Prior to the updated Act (FCA), 1980. They prescribe the as pay the net present value (ranging sabha.
rules, state bodies would procedure to be followed for forest land to between ₹10-15 lakh per hectare.) The new rules formally codify this and say
forward documents to the be diverted for non-forestry uses such as that a project, once approved by the FAC,
Forest Advisory Committee road construction, highway development, What do the updated rules say? will then be passed on to the State
(FAC) that would include
The latest version of the rules, which authorities who will collect the
information on the status of CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC

whether the forest rights of consolidates changes to the Act over the compensatory fund and land, and process it Mr. Yadav, was to “streamline the approval Initial steps: The purpose of
locals in the area were After 2009, the Environment Ministry years from various amendments and court for final approval. process.” updating the rules was to
settled. passed an order mandating that ruling, was made public on June 28, 2022. Only in passing, is it mentioned that the “streamline the approval
proposals would not be entertained Parliament is scheduled to begin its States will ensure “settlement” of Forest How well has the Forest Conservation process.” GETTY IMAGES
*

by the FAC unless there was a letter monsoon session on July 18, 2022 and the Rights Acts applicable. This, many forestry Act (FCA) been implemented so far?
from the State specifying that the law requires that the rules be placed before experts say, doesn’t automatically imply the A 2019 analysis by the Legal Initiative for
forest rights in the place had been both the Houses. The new rules, according consent of the resident tribals and forest Forests and Environment has found that the
“settled” to the Centre, “streamline” the process of dwellers. FAC generally approves land for diversion
approvals. The rules make a provision for without examining questions around
railway lines, and mining. private parties to cultivate plantations and What is the government’s position? consent as it relies on the State government
The broad aims of the Forest sell them as land to companies who need to Union Environment Minister Bhupender to ensure that this is done.
Conservation Act are to protect forest and meet compensatory forestation targets. Yadav rebutted Mr. Ramesh underlining that In the first six months of 2019, of the 240
wildlife, put brakes on State governments’ This, according to the government, will fulfilling and complying with the FRA, 2006 proposals that were considered for diversion
attempts to hive off forest land for help India increase forest cover as well as was an independent process and could be of forest land for non-forestry purposes, 193
commercial projects and striving to increase solve the problems of the States of not undertaken by States “at any stage” of the proposals were recommended, 40 proposals
the area under forests. finding land within their jurisdiction for forest clearance process and that complying were deferred for later consideration and
For forest land beyond five hectares, compensatory purposes. While this has with provisions of the FRA is mentioned in seven rejected. Recommendation for 193
approval for diverting land must be given by invited its own controversy, the latest point the rules before States order diversion of the proposals meant 9,220.64 hectares of forest
the Central government. This is via a of contention is the absence of wording, in land. However, he said, it had to be land were recommended for diversion for
specially constituted committee, called the the updated Forest Conservation Rules, of completed before granting approval for land non-forestry purposes such as roads,
Forest Advisory Committee (FAC). what happens to tribals and forest-dwelling diversion. railways, mining, irrigation, infrastructure
This committee examines whether the communities whose land would be hived off The purpose of updating these rules, said and hydel power.
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EXPLAINER

The proposal for an India-specific norm for assessing vehicular safety in collision
How does the new draft on the Bharat New Car Assessment Program compare with the Global NCAP? How has the automobile industry responded?

THE GIST
Saptaparno Ghosh possibility of a door opening after a protect children during vehicle collisions. Federation of Automobile Dealers
crash. The potential impact is studied Vehicles that can accommodate a broad Associations (FADA), believes that having
The story so far: On June 24, Union with the help of dummies, of variety of child seats available in the the Bharat NCAP rating criteria would
Minister for Road, Transport and pre-specified measurements, placed domestic market would be rewarded. The emerge as a turning point in the domestic
Highways Nitin Gadkari approved a Draft inside the vehicle. The car is crashed into child must not be ejected from the CRS automotive sector in terms of product,
GSR (general statutory rules) Notification an aluminium deformable barrier and his/her head must be contained technology and safety, since it would B On June 24, Union
seeking comments on a proposal to impersonating an opposing force of the within the shell of the CRS preventing any provide a platform that would test Minister Nitin Gadkari
introduce the Bharat New Car same magnitude — a crash-like situation, outside blow following a crash. vehicular safety as per Indian conditions. approved a Draft GSR
Assessment Program (Bharat-NCAP). It with a 40% overlap. Higher ratings would be accorded to “There were Indian OEMS (original (general statutory rules)
Notification seeking
would accord vehicles a star rating based Bharat NCAP would conduct its frontal vehicles with a permanent warning label equipment manufacturers) who were
comments on a proposal to
on their performance in crash tests. They offset crash testing at 64 kmph instead of on frontal airbags. Sudden braking may giving lot of importance to passenger introduce the Bharat New
are intended to increase the the prevailing 56 kmph norm. Offset propel a child in the front row towards safety and getting their vehicle tested Car Assessment Program
export-worthiness of vehicles and collisions are those where one side of a the dashboard, against an airbag which is under Global NCAP, but lot of MNC OEMs (Bharat-NCAP).
competition on safety parameters among vehicle’s front and not the full width hits inflating at an immense speed and having were not interested in this,” Mr. Gulati
manufacturers, as well as instil consumer the barrier. Even though the existing huge volume, causing injury or death. said. He suggested that the grading B New Car Assessment
confidence in their safety. “Bharat NCAP platform establishing cooperation and regulations adhere to United Nations Cars must have manual switches to system be made mandatory for all OEMs Programs (NCAP) provide
will prove to be a critical instrument in coordination among NCAPs Regulation 94 for collision testing, its disable airbags which should not be so that the choice is entirely left to the reliable information about
making our automobile industry internationally whereas regional NCAPs absence in domestic testing norms, and within the child’s reach. customer. the crash safety of a vehicle
Aatmanirbhar with the mission of making take into account specific local inadequate side protection in vehicles Addressing the issue of based on certain common
India the Number 1 automobile hub in the conditions. A car may have attained a (such as airbags), has been often cited as What does it hold for the domestic export-worthiness, Mr. Thakkar said that criteria and procedures. This
world,” he tweeted. good rating elsewhere but it might not be reasons for the poor performance of automobile industry? the proposed norm may not make a then helps vehicles acquire
the case in another geography because of Indian vehicles at NCAPs. The proposed move follows Mr. Gadkari’s difference, since any vehicle that is a foothold in international
markets.
What is the purpose of an NCAP? potentially separate manufacturing After the test collision, to assess adult focus on “zero tolerance for road exported to the EU or North America
New Car Assessment Programs (NCAPs) origins and quality. The nature of the protection, the dummy would be accidents.” In February this year, he had needs to be homologated in the
provide globally reliable information domestic markets also matter — checked for injuries on the head, neck, said efforts must be made to reduce road respective country. However, India B Bharat NCAP would
about the crash safety of a vehicle based consumers may prefer a car with reduced chest, knee, pelvis area, lower leg, foot accidents by 50% by the year 2025. exports a lot of passenger vehicles to assign vehicles between one
and five stars on parameters
on certain common criteria and safety specifications for there is greater and ankle. Whether the airbags protect With respect to Bharat NCAP, Hemal Africa and Latin America, because of
such as Adult Occupant
procedures. This then helps vehicles insistence on affordability. the occupant’s head that moves forward Thakkar, Director for Transport, Logistics which prices of vehicles would increase, Protection (AOP), Child
acquire a foothold in international reflexively in the aftermath of a collision and Mobility at analytics firm CRISIL, said he said. Occupant Protection (COP)
markets. They are separate from How would the vehicles be would be evaluated. There must not be that consumers will have to prepare for If the Bharat NCAP is implemented, and Safety Assist
country-specific motor standards in the evaluated? any rib compression or injury to the knee an increase in vehicle prices, but will also domestic testing agencies would conduct Technologies (SAT).
sense that the latter restricts itself to The voluntary Bharat NCAP would assign joint. Additionally, full or partial ejection get safer vehicles. “There could be a dent tests for M1 category of vehicles, that is,
assessing the vehicle’s roadworthiness vehicles between one and five stars on of an occupant because of a door opening to the price sensitive lower compact passenger vehicles having not more than
and not necessarily how it would ensure parameters such as Adult Occupant is negatively marked. segment as muted income growth has eight seats in addition to the driver’s seat,
safety in a collision. However, a zero Protection (AOP), Child Occupant For assessing child protection, the already increased pressure on this and weighing less than 3.50 tonnes —
rating in an NCAP cannot prevent a car Protection (COP) and Safety Assist NCAP would evaluate the impact to a segment which will get further imported or domestically manufactured.
from being sold in any geography. Technologies (SAT). It would study child restraint system (CRS) and airbag accentuated on account of this move,” he If cleared, it would be applicable from
Global NCAP is a standardised frontal impact, side impact and the safety. CRS are portable seats designed to stated. Vinkesh Gulati, President of the April 1, 2023.
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EXPLAINER

Understanding the all-time high in India’s trade deficit

After a year of record exports, why have India’s exports moderated in the first quarter?

THE GIST
Vikas Dhoot Securities and Capital Markets (India) though exports of readymade garments, demand, Nomura analysts argued.
pegged the trade deficit even higher in electronics and rice remained healthy,
The story so far: Having crossed a seasonally adjusted terms, at $31 billion non-oil exports fell for the second What will determine the trade
record $400 billion mark in 2021-22, from $26 billion in May. successive month in June on a seasonally trajectory through the rest of the
India’s exports have moderated in the In value terms, imports jumped for the adjusted basis, HSBC cautioned in a note year?
first quarter of this year, with May and fifth month in a row to a fresh record of on Tuesday. “…We find that in volume With several developed economies B The chasm between
June clocking upticks of 20.6% and 16.8%, $63.6 billion in June, 51% over the same terms, low-skill exports like agriculture expected to fall into recession over this exports and imports has
respectively, slowing from a 30.7% rise in month a year ago and 6.9% higher than and textiles have weakened more than year, the dip in exports could accelerate widened in the first quarter
of this year, with the
April. Sequentially too, overall goods May’s tally, which in turn was 7.3% over high skill exports like engineering goods in coming months. The fresh taxes and cumulative trade deficit
exports declined for the third month in a the value of April’s inbound shipments. and pharma,” said its chief economist restrictions imposed on petroleum already hitting $70 billion,
row in June, even as imports continued to On the other hand, exports slid 2.6% Pranjul Bhandari (along with co-authors). exports could weaken outbound volumes translating into an average
rise sharply, triggering fresh peaks for from May’s $38.9 billion to $37.9 billion in Imports, on the other hand, have further, while Indians’ appetite for gold of $23.3 billion a month.
India’s monthly trade deficit. June. literally been fuelled by energy sources — may not be dented much by the higher
oil and coal, with the former driven by import duties levied by the Centre last B While Russia’s conflict
How has the merchandise trade What is driving up imports and higher prices and the latter driven by week. Oil and gold prices may have with Ukraine has propped
balance changed in recent months? denting exports? India’s domestic coal supply crunch corrected a bit recently, but still remain up commodity prices
While India’s exports were surging last While Russia’s continuing conflict with compelling power producers to import significantly high. Moreover, coal imports globally, the spill over
year, imports were rising too, according Ukraine since late February this year has more each passing month. The volatility will only surge further as Coal India’s effects of runaway inflation
to the Ministry of Commerce. Total goods of this year, with the cumulative trade propped up commodity prices globally, in financial markets and the sharp production levels slide through the are hurting global growth
exports in 2021-22 amounted to $422 deficit already hitting $70 billion, the spill over effects of runaway inflation inflation have also driven up imports of monsoon. The weakening rupee will prospects as well as trade
demand. The ‘lacklustre’
billion, up sharply from the pre-COVID translating into an average of $23.3 billion are hurting global growth prospects as gold — considered a safe haven and hedge continue to make imports costlier while
exports in June reflect an
levels of $313 billion in 2019-20. This was a month. By contrast, the previous well as trade demand. The ‘lacklustre’ against price rise. Coal imports were up slowing exports may not be able to underlying slowdown in
the highest ever export number, and highest monthly trade deficit was $22.9 exports in June reflect an underlying 242% in June, gold by 170% (after a capitalise enough on it. Indian exporters external demand.
marked the first time in years that an billion in November 2021. That record has slowdown in external demand, with dazzling 789% uptick in May), and crude don’t expect a change in the narrative till
official export target ($400 billion) was been surpassed significantly in the past weakness seen in exports of engineering oil imports grew over 94%. But non-oil, the war in Europe abates, along with the
B India is not alone as even
not only met, but surpassed. Imports hit two months, with the deficit hitting $24.3 products, chemicals, pharmaceuticals, non-gold imports (also known as core high volatility in commodity prices.
super-exporter Germany
a fresh high of $613 billion, compared to billion in May and peaking to a new high cotton yarn and plastic products, imports) also grew by a robust 31.7% in Economists at Nomura and HSBC expect recorded its first trade
$394 billion in the pandemic affected of $25.6 billion in June. Economists Nomura said in a note. Outbound June — spurred by higher inflows of ‘record high trade deficits’ to remain the deficit in 30 years this May,
previous year and $475 billion before reckoned the deficit was higher on a shipments for these four categories, part plastics, chemicals, electronics and norm for India, for now. But India is not albeit a minor one.
that. The trade deficit thus stood at $191 seasonally adjusted basis, with Nomura of India’s top ten exports, contracted. vegetable oils. While higher prices are alone, and can perhaps, take solace from
billion, nearly double of 2020-21. analysts estimating that it stood at $25.8 While petroleum exports were still up a feeding a large part of the increase in the fact that even super-exporter
The chasm between exports and billion in May and widened to $29.9 sharp 98% from June 2021, they were $0.7 headline imports, import volumes are Germany recorded its first trade deficit in
imports has widened in the first quarter billion in June. Economists at HSBC billion lower than May 2022 levels. And also growing in line with steady domestic 30 years this May, albeit a minor one.
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EXPLAINER

The status of China’s Belt and Road Initiative in South Asia

What has been the progress of the BRI so far? What have been the roadblocks and challenges?

THE GIST
Diksha Munjal increase the city’s GDP to $30 billion by the Colombo port and got China to take the Maldives is the two km long
2050 and create over a million jobs. up the project. It then awarded the China-Maldives Friendship Bridge — a
The story so far: At the recently However, multiple reports have shown project for the Western Side of the $200 million four lane bridge.
concluded summit of G-7 leaders in that shipping activities at the Gwadar Port Terminal to the Adani Group. Most of China’s investment in the
Germany, U.S. President Joe Biden and is almost negligible so far, with only some Some BRI projects in Sri Lanka have Maldives happened under former
his allies unveiled their $600 billion plan trade to Afghanistan. been described as white elephants — such President Abdullah Yameen, seen as B In 2013, Chinese
called the Partnership for Global Additonally, Gwadar residents have as the Hambantota port, a deep seaport pro-China. Over the years, opposition President Xi Jinping, during
Infrastructure and Intelligence which is also protested against the large security on the world’s busiest east-west shipping protests grew against the large borrowing his visits to Kazakhstan and
Indonesia, expressed his
being seen as a counter to China’s Belt force deployed to protect Chinese lane, which was meant to spur industrial from China and Mr. Yameen was defeated
vision to build a Silk Road
and Road Initiative (BRI), valued at a nationals involved in projects after they activity. The port had always been in 2018. The Maldives’ current regime of Economic Belt (SERB) and a
trillion U.S. dollars by some experts. became the target of multiple deadly secondary to the busy Colombo port until President Ibrahim Solih has tried to 21st Century Maritime Silk
Therefore, there is a need to re-visit the attacks by Baloch nationalists. In late the latter ran out of capacity. The Sri distance itself from the BRI, focusing Road (MSR), to break the
various projects under the BRI in 2021, thousands of Gwadar residents Lankan government took $1.4 billion in more on its ‘India First’ policy. India has “bottleneck” in Asian
different South Asian countries. A view of the Hambantota port * FILE PHOTO staged a sit-in protest against the lack of Chinese loans for the port’s expansion. also in recent years sought greater ties connectivity. Thus, the Belt
promised basic amenities in Gwadar and Unable to service the huge loan and with the Maldives under Prime Minister and Road initiative was
What is China’s Belt and Road experienced a slowing down as annual Chinese deep-sea trawlers reducing incurring $300 million in losses due to Narendra Modi’s ‘Neighbourhood First’ born.
Initiative? Chinese lending to countries under the fishing opportunities for locals. Other delays, the government handed policy.
In 2013, Chinese President Xi Jinping, initiative slimmed from its peak of $125 major projects are the orange line metro, Hambantota port to a Chinese B The biggest project under
during his visits to Kazakhstan and billion in 2015 to around $50 to 55 billion coal power plants to tackle energy state-owned company on a 99-year lease What about Bangladesh? BRI is in Pakistan, the China
Indonesia, expressed his vision to build a in 2021. shortages and the Main Line 1 rail project in 2017. Other key projects under BRI Bangladesh, which joined the BRI in Pakistan Economic Corridor
Silk Road Economic Belt and a 21st from Peshawar to Karachi. While coal include the development of the Colombo 2016, has been promised the (CPEC). Over time, China
pledged $62 billion in
Century Maritime Silk Road, to break the What have been the BRI’s plants set up and managed by Chinese International Container Terminal, the second-highest investment (about $40
low-interest loans and
“bottleneck” in Asian connectivity. This investments in Pakistan? firms did help improve the power Central Expressway and the Hambantota billion) in South Asia after Pakistan. financing from Chinese
vision led to the birth of the BRI. The On his 2015 visit to Pakistan, Mr. Xi and situation in Pakistan, former Prime International Airport among others. Multiple studies, including research by state-owned banks and the
initiative envisioned a Chinese-led then Pakistan Prime Minister Nawaz Minister Imran Khan sought the Council on Foreign Relations, show Asian Development Bank
investment of over $1 trillion in partner Sharif unveiled the BRI’s flagship project renegotiation of payments to China in Are there projects in Afghanistan? that Bangladesh has been able to benefit (ADB).
countries by 2025. More than 60 and its biggest one in a single country — 2020 alleging that Chinese companies Afghanistan has not comprehensively from the BRI while maintaining
countries have now joined BRI the China Pakistan Economic Corridor had overcharged the country by $3 been brought into the BRI, despite a diplomatic and strategic ties with both B Bangladesh, which joined
agreements with China, with (CPEC). Over time, China pledged $62 billion. In May this year, Chinese power Memorandum of Understanding (MoU) India and China. It has managed to not the BRI in 2016, has been
infrastructure projects under the billion in low-interest loans and financing firms operating in Pakistan threatened to being signed with China in 2016. China upset India by getting India to build promised the
initiative being planned or under from Chinese state-owned banks and the close down if the latter did not pay dues had promised investments worth $100 infrastructure projects similar to BRI in second-highest belt and
construction in Asia, Africa, Europe, and Asian Development Bank (ADB), up from worth 300 billion in Pakistani rupees million in Afghanistan which is small in the country. In 2016, when the Chinese road investment by China in
Latin America. an initial $46 billion pledge. The CPEC (approximately $1.5 billion). comparison to what it shelled out in government promised Dhaka BRI South Asia after Pakistan.
To finance BRI projects, China offers envisioned multiple projects involving other South Asian countries. The projects investment worth around $40 billion, Multiple studies show that
Bangladesh has been able
huge loans at commercial interest rates energy, transport and communication What about Sri Lanka? have not materialised so far and India followed up in 2017 by extending a
to benefit from the BRI
that countries have to pay within a fixed systems. In Sri Lanka, multiple infrastructure uncertainties have deepened after the $5 billion line of credit and economic while maintaining diplomatic
number of years. The west has accused At the centre of the CPEC was the $700 projects that were being financed by Taliban takeover last year. assistance. BRI projects include and strategic ties with both
China of debt-trapping by extending million development of the city of China came under the fold of the BRI China-Bangladesh Friendship Bridges, India and China. It has
“predatory loans” that force countries to Gwadar into a smart port city that would after it was launched in 2013. How have projects from India and special economic zones, the $689.35 managed to not upset India
cede key assets to China. However, become the “Singapore of Pakistan”. The island nation in the last couple of China progressed in Maldives? million-Karnaphuli River tunnel project, by getting India to build
research indicates that low and Gwadar is strategically important as it is years has witnessed competition between Situated in the middle of the Indian upgradation of the Chittagong port, and a infrastructure projects
middle-income countries are often the an hour’s drive from Iran and less than India and China in port terminal and Ocean, Maldives comprises two hundred rail line between the port and China’s similar to BRI in the
country.
ones to approach China after not being 320 km from Oman. According to the energy projects. In 2021, Colombo islands, and both India and China have Yunnan province. However, multiple
able to secure loans from elsewhere. In master plan for Gwadar’s development ejected India and Japan out of a deal to strategic interests there. One of the most projects have been delayed owing to the
recent years, the BRI seems to have under BRI, approved in 2020, it would develop the East Container Terminal at prominent BRI projects undertaken in slow release of funds by China.
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EXPLAINER

Enforcing the single-use plastic ban

How will the Plastic Waste Management Amendment Rules be implemented? What has been the response to the move?

THE GIST
Jacob Koshy packaging waste, a major contributor to the was to be implemented was issued in March
much larger problem of plastic waste and involved amending the Plastic Waste
The story so far: A ban on the use of pollution, isn't yet covered under the Management Rules, 2016. Before the
single-use plastics that was notified by the phase-out of single-use plastic items. Mineral amendments came into force, the Plastic
Union Environment Ministry on August 2021 water bottles or plastic bottles of aerated Waste Management Rules only prohibited
B A ban on the use of came into effect on July 1 this year. The drinks are unaffected by the ban, though, in the manufacture, import, stocking,
single-use plastics that was notification said national and State-level popular imagination, they are representative distribution, sale and use of carry bags and
notified by the Union
control rooms would be set up to check of ‘plastic pollution.’ plastic sheets less than 50 microns in
Environment Ministry on
August 2021 came into
illegal manufacture, import, stocking, thickness in the country. There is a ban on
effect on July 1 this year. A distribution, sale and use of banned single How will the ban be implemented? sachets using plastic material used for
single-use plastic is an use plastic items. The Plastic Waste So far 32 States/UTs have reportedly storing, packing or selling gutkha, tobacco
object made of plastic that Management Amendment Rules, 2021, will constituted a dedicated Task Force to and pan masala. Since October 2021, there is
is intended to be used “only also prohibit manufacture, import, stocking, eliminate the use of single-use plastics. Of a ban on the manufacture, import, stocking,
once” before being disposed distribution, sale and use of plastic carry these 14 states/UTs and 12 Central Ministries, distribution, sale and use of carry bags made
off or recycled. bags having thickness less than 120 microns as of March, had developed action plans of virgin or recycled plastic less than 75
with effect from December 31, 2022. describing how they would be enforcing microns as opposed to 50 microns under the
B So far 32 States/UTs have this. earlier version of the rules. At the 4th United
reportedly constituted a What is single-use plastic? A few States, for example Maharashtra, Nations Environment Assembly in 2019,
dedicated Task Force to The Centre defines it as an object made of already have legislation banning the India piloted a resolution on addressing
eliminate the use of plastic that is intended to be used “only manufacture and storage of such plastic. But single-use plastic products pollution.
single-use plastics.
once” before being disposed off or recycled. implementing it wasn’t always successful as
For the purposes of the ban, there is a list of there was regular supply from States where Is there popular support for the ban?
B The All India Plastic 21 items that come under the definition of such bans were not in force. An all-India The All India Plastic Manufacturers
Manufacturers Association single-use plastic including ear buds with ban, it’s hoped, would make enforcement Association has said that the ban would
said that the ban would plastic sticks, plastic sticks for balloons, more effective. shutter 88,000 units in the plastic
shutter 88,000 units in the
plastic manufacturing
plastic flags, candy sticks, ice-cream sticks, According to the Environment Protection manufacturing business. These employ close
business. These employ thermocol for decoration, plates, cups, (EP) Act, violating the ban could invite to a million people and contribute to exports
close to a million people glasses, cutlery such as forks, spoons, “punitive action”. Manufacturers and worth ₹25,000 crore. Fast Moving Consumer find alternatives to the use of such plastic Complete overhaul: The
and contribute to exports knives, straw, trays, wrapping or packing distributors of single-use plastic goods were Goods companies (FMCG) would be severely and that industries should work to introduce government has banned
worth ₹25,000 crore. films around sweet boxes, invitation cards, directed to have zero inventory by June 30, affected by the the ban due to their new technologies and alternatives to the manufacture, import,
and cigarette packets, plastic or PVC banners according to officials in the Union dependence on plastic straws, plates. Their preserve livelihoods of those who worked in stocking, distribution,
less than 100 microns, stirrers. Environment Ministry. The EP Act says that replacements, industry representatives say, plastic manufacturing industries, he added. sale, and use of all
violating the ban could invite a five-year are available but cost much more than their identified single-use
CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC
imprisonment and a fine of upto ₹1 lakh, or plastic alternatives. There is also limited What is the environmental damage plastic items with effect
Mineral water bottles or plastic both. If the violations are repeated, it could capacity in India to provide biodegradable from single-use plastic? from July 1. PTI
*

bottles of aerated drinks are mean additional fines up to ₹5000 for each replacements. Average and prominent Unlike thicker and denser plastic material,
unaffected by the ban, though, in day. There are different penalties for consumer goods companies have written to single-use plastic objects being light and
popular imagination, they are companies, organisations, and government the government requesting a six-month flexible are less amenable to being recycled.
representative of ‘plastic pollution.’ departments under the EP Act. extension before the ban takes effect and While 99% of plastic is recycled, they
that companies that are likely to go out of constitute heavier plastics that are likely to
These objects were listed by the What is the history of the single use business be compensated. The government be collected by ragpickers and plastic waste
Environment Ministry in August when it plastic ban in India? has, however, signalled its firm commitment recyclers. Single use plastics do not provide
notified the Plastic Waste Management The Environment Ministry told the Rajya to the ban. Environment Minister an incentive enough for the effort needed to
Amendment Rules, 2021. Single-use plastic Sabha last July of its plan to phase out some Bhupender Yadav said the government had collect them and hence they lie around,
items such as these had “low utility and high categories of single use plastic by 2022. A multiple consultations with the industry leach their toxins into the soil and cause
littering potential,” it noted. Plastic draft outlining the manner in which the ban since 2018. Stakeholders had nearly a year to environmental damage in both land and sea.
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EXPLAINER

The need for space sustainability

How does orbital crowding, space debris work against the sustainability of outer space? What is the U.K.’s Astro Carta model?

THE GIST
Harini Madhusudan cause legal and insurance-related sustainability questions. would serve as a model for other space
conflicts. Space debris is another The Indian Space Research programmes.
The story so far: On June 23, the U.K. prominent issue. After the completion of Organisation (ISRO) has initiated ‘Project However, the broad question of
hosted the fourth summit for Space a mission, an ‘end-of-life protocol’ NETRA’ to monitor space debris. The sustainability cannot be driven by one
Sustainability in London in collaboration requires space objects to be moved to the domestic surveillance system would country/entity alone. While most
with the Secure World Foundation. In graveyard orbit or to a low altitude. provide first-hand information on the National Space Programs set B As the outer space is
line with the ambitious U.K. National Neither of the options are sustainable in status of debris, which would aid further sustainability standards, a collective considered a shared natural
Space Strategy, George Freeman, the the long run. Other causes of concern are planning on protecting space assets. In effort by all space players, with the active resource, the United Nations
Committee on the Peaceful
Minister of Science, announced a new solar and magnetic storms which April 2022, India and the U.S. signed a role of the UN COPUOS or the United
Uses of Outer Space
‘Plan for Space Sustainability.’ According potentially damage communication new pact for monitoring space objects at Nations Office for Outer Space Affairs (COPUOS) in 2019 adopted
to him, this plan aims to “set a global systems. Such space weather threats the 2+2 dialogue. The controlled (UNOOSA), is needed to set equitable a set of 21 voluntary,
commercial framework for the need to be addressed along with the anti-satellite weapons (ASAT) tests and standards for the ease of activities. Many non-binding guidelines to
insurability, the licensing and the efforts to identify the terrestrial carbon the risk of collisions must be collectively of the measures for sustainability are ensure the long-term
regulation of commercial satellites.” It footprint of outer space missions. assessment services for U.K.-licenced addressed. resource-consuming and expensive for sustainability of outer space
also aims to reduce the cost for those Long-term sustainability looks toward satellite operators. To provide in-orbit servicing, ISRO is medium-and-small space programs. In activities.
who comply with the best sustainability space research and development of Post-Brexit, the U.K. space programme developing a docking experiment called this case, private initiatives of
standards and thus encourages a thriving technology to ensure the reuse and has been transformed. It now hopes to ‘SPADEX’. It looks at docking a satellite sustainability standards would make B The U.K. Space
ecosystem for the industry. recycling of satellites at every stage. The drive the sustainability factor on an existing satellite, offering support accessibility more challenging, giving Sustainability plan mentions
U.K. plan proposes active debris removal internationally and provide an in re-fuelling and other in-orbit services undue advantage to programs with stable four primary elements: to
What does sustainability in outer and in-orbit servicing. opportunity for the private sector to while enhancing the capability of a investments. review the regulatory
space mean? develop models that enhance operations' satellite. According to Professor P. G. The UK’s Astro Carta idea throws light framework of the U.K.’s
orbital activity; to
The earth’s orbital environment has more What does the U.K. plan for space safety and reduce debris footprint. The Diwakar at NIAS Bangalore, this would on the need for addressing the principles
emphasise international
than tripled in the past decade. As the sustainability entail? U.K. aims to draw investments not only not only ensure the longevity of a mission and rules that guide the activities of engagement on space
cost of missions reduce and the number The U.K. calls for an “Astro Carta” for from government investors but also from but would also provide a futuristic option entities in outer space. More clarity is sustainability; to try and
of players increase, the complexity of space sustainability, based on the Artemis others. to combine missions/experiments. required to know the exact framework develop safety and
missions and slot allotment issues also Accords model for sustainable space and guiding principles of the Astro Carta quality-related metrics that
increase. With the emergence of large exploration. The U.K. Space Where does India stand on space What next? to determine the path it intends to take. quantify the sustainability of
constellations and complex satellites, Sustainability plan mentions four sustainability? Outer space in the 2020s can no longer India has always emphasised activities; and, to induce
there is a risk of collisions and primary elements: to review the The headquarters of the Indian National be considered a ‘space race’ because of cost-effective and efficient missions with additional funding for active
debris removal.
interference with radio frequencies. As regulatory framework of the U.K.’s orbital Space Promotion and Authorisation the cost, when compared to the problem-solving applications. Its debris
the outer space is considered a shared activity; to work with organisations such Centre (In-SPACe) was formally beginning of this century. Today, any footprint is minuscule; it has 114 debris
natural resource, the United Nations as the G-7 and the UN to emphasise inaugurated last month. One can expect entity (government or private) with the among the 25,182 pieces, of sizes larger B The ISRO has initiated
Committee on the Peaceful Uses of Outer international engagement on space an increased role of the private sector in necessary access to resources and than 10 cm, in the lower earth orbits. The ‘Project NETRA’ to monitor
Space (COPUOS) in 2019 adopted a set of sustainability; to try and develop safety India’s space activities. India hosts technology can invest in outer space. emerging private sector could be space debris. The domestic
surveillance system would
21 voluntary, non-binding guidelines to and quality-related metrics that quantify promising start-ups like Agnikul and Sustainable practices in outer space encouraged with a set of sustainability
provide first-hand
ensure the long-term sustainability of the sustainability of activities; and, to Skyroot, which are developing launch would directly help reduce orbital guidelines to ensure optimum utilisation information on the status of
outer space activities. induce additional funding of $6.1 million vehicles for small payloads and Dhruva crowding and collision risk while of resources and increase the safety and debris, which would aid
One of the hot issues when it comes to on active debris removal. The U.K. also Space, which works on high-tech solar nurturing future technologies. As the productivity of missions. further planning on
space sustainability is orbital crowding. It confirmed investments in its National panels for satellites and satellite natural course of evolution, the Plan for The author is a doctoral scholar at the protecting space assets.
poses a direct threat to the operations Space Surveillance and Tracking deployers. India is well on its way to Space Sustainability, which includes National Institute of Advanced Studies
and safety of a mission and is likely to Programme, which works on collision create a subsystem that addresses global private industries, is a timely move. This (NIAS), Bengaluru
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EXPLAINER

The functioning of the National Investigation Agency

When and why was the NIA constituted? Can the agency move beyond domestic borders?

THE GIST
Devesh K. Pandey What are the scheduled offences? India against the Indian citizen or
The list includes the Explosive affecting the interest of India.
The story so far: The National Substances Act, Atomic Energy Act,
Investigation Agency (NIA) has taken over Unlawful Activities (Prevention) Act, How does the NIA take up a probe?
the probe into the June 28 killing of tailor Anti-Hijacking Act, Suppression of As provided under Section 6 of the Act,
Kanhaiyya Lal (48) in Rajasthan's Udaipur Unlawful Acts against Safety of Civil State governments can refer the cases B The NIA was constituted
over a social media post supporting Aviation Act, SAARC Convention pertaining to the scheduled offences in the wake of the 26/11
suspended Bharatiya Janata Party (BJP) (Suppression of Terrorism) Act, registered at any police station to the Mumbai terror attack in
leader Nupur Sharma. Now, the Union Suppression of Unlawful Acts Against Central government (Union Home November 2008. The
Home Ministry has handed over to the Safety of Maritime Navigation and Fixed Ministry) for NIA investigation. After agency came into existence
on December 31, 2008, and
agency the investigation of a similarly Platforms on Continental Shelf Act, assessing the details made available, the
started its functioning in
executed murder of pharmacist Umesh Weapons of Mass Destruction and their Centre can then direct the agency to take 2009.
Kolhe (54) at Amravati in Maharashtra on Delivery Systems (Prohibition of Unlawful over the case. State governments are
June 21. Activities) Act and relevant offences required to extend all assistance to the
B The NIA is a central
Instant justice: An accused in the Kanhaiyya Lal case at an NIA court on July 2. * PTI under the Indian Penal Code, Arms Act NIA. Even when the Central government
agency which investigates
What is the NIA? and the Information Technology Act. is of the opinion that a scheduled offence all offences affecting the
It is a central agency mandated to arrest and prosecute those involved in Chidambaram introduced the National In September 2020, the Centre has been committed which is required to sovereignty, security and
investigate all the offences affecting the such offences. Investigation Agency Bill. empowered the NIA to also probe be investigated under the Act, it may, suo integrity of India, friendly
sovereignty, security and integrity of Headquartered in Delhi, the NIA has its The Home Minister had then said the offences under the Narcotic Drugs and motu, direct the agency to take up/over relations with foreign
India, friendly relations with foreign branches in Hyderabad, Guwahati, Kochi, agency would deal with only eight laws Psychotropic Substances Act that are the probe. states, and the offences
states, and the offences under the Lucknow, Mumbai, Kolkata, Raipur, mentioned in the schedule and that a connected to terror cases. Where the Central government finds under the statutory laws
statutory laws enacted to implement Jammu, Chandigarh, Ranchi, Chennai, balance had been struck between the that a scheduled offence has been enacted to implement
international treaties, agreements, Imphal, Bengaluru and Patna. right of the State and duties of the Central How wide is NIA's jurisdiction? committed at any place outside India to international treaties.
conventions and resolutions of the United government to investigate the more The law under which the agency operates which this Act extends, it can also direct
Nations, its agencies and other When did the NIA come into being? important cases. The Bill was passed by extends to the whole of India and also the NIA to register the case and take up B The law under which the
international organisations. These In the wake of the 26/11 Mumbai terror the Lok Sabha and the Rajya Sabha. applies to Indian citizens outside the investigation. While investigating any agency operates extends to
include terror acts and their possible attack in November 2008, which shocked The agency came into existence on country; persons in the service of the scheduled offence, the agency can also the whole of India and also
applies to Indian citizens
links with crimes like smuggling of arms, the entire world, the then United December 31, 2008, and started its government wherever they are posted; investigate any other offence which the
outside the country.
drugs and fake Indian currency and Progressive Alliance government decided functioning in 2009. persons on ships and aircraft registered accused is alleged to have committed if
infiltration from across the borders. The to establish the NIA. In December 2008, Till date, the NIA has registered 447 in India wherever they may be; persons the offence is connected to the scheduled
agency has the power to search, seize, former Union Home Minister P. cases. who commit a scheduled offence beyond offence.
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Catalog

facial recognition technology··················································································································································································· 1

Nepal Citizenship bill······························································································································································································· 2
Arctic Amplification·································································································································································································· 3
Ethanol Blending····································································································································································································· 4
Great Barrier Reef··································································································································································································· 5
Collegium System Explained···················································································································································································6
Criminal Procedure (Identification) Act···································································································································································· 7
SSLV failure············································································································································································································ 8
Guardianship··········································································································································································································· 9
blasphemy and hate speech··················································································································································································10
special marriage act······························································································································································································ 11
aadhar linkage······································································································································································································· 12
Competition (Amendment) Bill···············································································································································································13
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Delhi Police’s use of facial recognition technology

When was FRT first introduced in Delhi? What are the concerns with using the technology on a mass scale?

THE GIST
Anushka Jain being used to provide access to any benefits the U.S. being wrongfully arrested. On the
Gyan Prakash Tripathi or government schemes. Secondly, there is other hand, cases of false negative results
the 1:n identification of identity wherein the can lead to exclusion of the individual from
The story so far: Right to Information (RTI) facial map is obtained from a photograph or accessing essential schemes which may use
responses received by the Internet Freedom video and then matched against the entire FRT as means of providing access. One
B RTI responses received by Foundation, a New-Delhi based digital rights database to identify the person in the example of such exclusion is the failure of
the Internet Freedom
organisation, reveal that the Delhi Police photograph or video. Law enforcement the biometric based authentication under
Foundation reveal that the
Delhi Police treats matches
treats matches of above 80% similarity agencies such as the Delhi Police usually Aadhaar which has led to many people being
of above 80% similarity generated by its facial recognition procure FRT for 1:n identification. excluded from receiving essential
generated by its facial technology (FRT) system as positive results. For 1:n identification, FRT generates a government services which in turn has led to
recognition technology probability or a match score between the starvation deaths.
system as positive Why is the Delhi Police using facial suspect who is to be identified and the However, even if accurate, this technology
results. Facial recognition is recognition technology? available database of identified criminals. A can result in irreversible harm as it can be
an algorithm based The Delhi Police first obtained FRT for the list of possible matches are generated on the used as a tool to facilitate state sponsored
technology which creates a purpose of tracing and identifying missing basis of their likelihood to be the correct mass surveillance. At present, India does not
digital map of the face by
identifying and mapping an
children. According to RTI responses match with corresponding match scores. have a data protection law or a FRT specific
individual’s facial features, received from the Delhi Police, the However, ultimately it is a human analyst regulation to protect against misuse. In such
which it then matches procurement was authorised as per a 2018 who selects the final probable match from a legal vacuum, there are no safeguards to
against the database to direction of the Delhi High Court in Sadhan the list of matches generated by FRT. ensure that authorities use FRT only for the
which it has access. Haldar vs NCT of Delhi. However, in 2018 According to Internet Freedom Foundation’s purposes that they have been authorised to,
itself, the Delhi Police submitted in the Delhi Project Panoptic, which tracks the spread of as is the case with the Delhi Police. FRT can
B The Delhi Police first High Court that the accuracy of the FRT in India, there are at least 124 enable the constant surveillance of an
obtained FRT for the technology procured by them was only 2% government authorised FRT projects in the individual resulting in the violation of their
purpose of tracing and and “not good”. country. fundamental right to privacy.
identifying missing children Things took a turn after multiple reports
as per the direction of the came out that the Delhi Police was using FRT Why is the use of FRT harmful? What did the 2022 RTI responses by
Delhi High Court in Sadhan to surveil the anti-CAA protests in 2019. In India has seen the rapid deployment of FRT Delhi Police reveal?
Haldar vs NCT of Delhi.
2020, the Delhi Police stated in an RTI in recent years, both by the Union and State The RTI responses dated July 25, 2022 were against photographs collected under Section
response that, though they obtained FRT as governments, without putting in place any shared by the Delhi Police after Internet three and four of the Identification of
B Extensive research into per the Sadhan Haldar direction which law to regulate their use. The use of FRT Freedom Foundation filed an appeal before Prisoners Act, 1920, which has now been
FRT has revealed that its related specifically to finding missing presents two issues: issues related to the Central Information Commission for replaced by the Criminal Procedure
accuracy rates fall starkly children, they were using FRT for police misidentification due to inaccuracy of the obtaining the information after being denied (Identification) Act, 2022. This Act allows for
based on race and gender.
investigations. The widening of the purpose technology and issues related to mass multiple times by the Delhi Police. In their wider categories of data to be collected from
This can result in a false
positive, where a person is for FRT use clearly demonstrates an instance surveillance due to misuse of the technology. response, the Delhi Police has revealed that a wider section of people, i.e., “convicts and
misidentified as someone of ‘function creep’ wherein a technology or Extensive research into the technology has matches above 80% similarity are treated as other persons for the purposes of
else, or a false negative system gradually widens its scope from its revealed that its accuracy rates fall starkly positive results while matches below 80% identification and investigation of criminal
where a person is not original purpose to encompass and fulfil based on race and gender. This can result in similarity are treated as false positive results matters”. It is feared that the Act will lead to
verified as themselves. The wider functions. As per available a false positive, where a person is which require additional “corroborative overbroad collection of personal data in
technology can also be used information, the Delhi Police has misidentified as someone else, or a false evidence”. It is unclear why 80% has been violation of internationally recognised best
as a tool to facilitate state consequently used FRT for investigation negative where a person is not verified as chosen as the threshold between positive practices for the collection and processing of
sponsored mass
purposes and also specifically during the themselves. Cases of a false positive result and false positive. There is no justification data. This revelation raises multiple
surveillance.
2020 northeast Delhi riots, the 2021 Red Fort can lead to bias against the individual who provided to support the Delhi Police’s concerns as the use of facial recognition can
violence, and the 2022 Jahangirpuri riots. has been misidentified. In 2018, the assertion that an above 80% match is lead to wrongful arrests and mass
American Civil Liberties Union revealed that sufficient to assume the results are correct. surveillance resulting in privacy violations.
What is facial recognition? Amazon’s facial recognition technology, Secondly, the categorisation of below 80% Delhi is not the only city where such
Facial recognition is an algorithm-based Rekognition, incorrectly identified 28 results as false positive instead of negative surveillance is ongoing. Multiple cities,
technology which creates a digital map of Members of Congress as people who have shows that the Delhi Police may still further including Kolkata, Bengaluru, Hyderabad,
the face by identifying and mapping an been arrested for a crime. Of the 28, a investigate below 80% results. Thus, people Ahmedabad, and Lucknow are rolling out
individual’s facial features, which it then disproportionate number were people of who share familial facial features, such as in “Safe City” programmes which implement
matches against the database to which it has colour. Also in 2018, researchers Joy extended families or communities, could surveillance infrastructures to reduce
access. It can be used for two purposes: Buolamwini and Timnit Gebru found that end up being targeted. This could result in gender-based violence, in the absence of any
firstly, 1:1 verification of identity wherein the facial recognition systems had higher error targeting of communities who have been regulatory legal frameworks which would
facial map is obtained for the purpose of rates while identifying women and people of historically overpoliced and have faced act as safeguards.
matching it against the person’s photograph colour, with the error rate being the highest discrimination at the hands of law Anushka Jain is an Associate Policy
on a database to authenticate their identity. while identifying women of colour. The use enforcement authorities. Counsel and Gyan Prakash Tripathi is a
For example, 1:1 verification is used to of this technology by law enforcement The responses also mention that the Delhi Policy Trainee at Internet Freedom
unlock phones. However, increasingly it is authorities has already led to three people in Police is matching the photographs/videos Foundation, New Delhi
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EXPLAINER

The controversy around Nepal’s new citizenship law

What gender disparities have been flagged in the Citizenship Amendment Act, 2006?

THE GIST
Kallol Bhattacherjee unidentified for the child to be eligible for Why has the amendment been understood that the Prime Minister of
citizenship. In case of a Nepalese father, framed thus? Nepal Sher Bahadur Deuba will go to the
The story so far: On August 16, Nepal such declarations are not required. There is an unarticulated concern in the upcoming polls with the Act as the
President Bidhya Devi Bhandari sent back Article 11(7) which says that a child orthodox sections of the country that as achievement of his government despite
the Citizenship Amendment Act, 2006 to born to a Nepalese mother and a father Nepalese men, particularly from the opposition from President Bhandari who
the Pratinidhi Sabha (House of holding a foreign citizenship can get Terai region, continue to marry women took charge during the Prime Ministerial B On August 16, the Nepal
Representatives), the lower house of the "naturalised citizenship" in accordance from northern India, Nepalese identity tenure of K. P. Sharma Oli. President sent back the
Nepal Parliament, urging the members to with the laws of Nepal appears to would be undermined. Because of this Despite support from the Madhesi Citizenship Amendment Act,
2006 to the lower house of
reconsider the Act. Ahead of the election contradict Article 11(2b). It places a "Beti-Roti" (Nepalese men marrying parties (parties formed from the Madhesi the Nepal Parliament urging
season, this clash between the President condition of permanent residency on the Indian women) issue, many women could movement which advocated greater the members to reconsider
and the Pratinidhi Sabha has ignited a mother (and the child) which will not become citizens of Nepal as they representation and equal citizenship the Act.
heated debate over the question of determine the grant of citizenship for the were subjected to the infamous rights for the people of the Terai region of
citizenship in Nepal. child. seven-year cooling off period before they Nepal) , the inter-ethnic nature of the
B The main criticism against
could apply for citizenship in Nepal. As citizenship dispute has come to the the Act is that it goes
What is the issue of citizenship in Why has the President refused to such women were stateless, children of surface because of the controversy against gender justice. It
Nepal about? What are the issues with the Act? sign the Act? such families were also often found to be triggered by President Bhandari’s says that a person who is
Nepal transitioned into a democracy The main criticism against the Ms. Bhandari is the first female President without Nepalese citizenship. However, rejection. born to a Nepalese mother
beginning with the fall of the monarchy Citizenship Amendment Act, 2006 is that of Nepal. Her refusal to sign the Act has the new amendments have done away and an unidentified father
in 2006 and the subsequent election of it goes against established parameters of drawn attention to certain sections in the with the cooling off period for these What is the road ahead for the Act? can be granted citizenship
the Maoist government in 2008. The gender justice. A cursory reading also constitution that thrusts greater stateless women. This will benefit the As of Thursday, Nepal Citizenshipless by descent. But if the father
is a foreigner, the
emergence of the multiparty system was reveals contradictions among various responsibility on women. For example, children of such families where the Struggle Committee held a protest in
citizenship by descent
followed by the adoption of a constitution sections of the law. According to Article Article 11 (5) says that a person who is mother and children remained stateless Kathmandu demanding that President would be converted to
on September 20, 2015. All Nepalese 11(2b), a person born to a father or a born to a Nepalese mother and an for years. Bhandari should ratify the Act that was naturalised citizenship.
citizens born before this date got mother with Nepalese citizenship can get unidentified father can be granted This has however created a division passed again by the Pratinidhi Sabha for
naturalised citizenship. But their children citizenship by descent. Article 11(5) of the citizenship by descent. Next, it says that among the major political parties. The the second time. They argue that women
B However, people of the
remained without citizenship as that was constitution says a person who is born to in case the unidentified father turns out Communist Party of Nepal (Unified of Indian origin, who were deprived of
Terai region and Madhesi
to be guided by a federal law which has a Nepalese mother (who has lived in the to be a foreigner, the citizenship by Marxist–Leninist) wanted to retain the rights because of the cooling off period parties support the Act.
not yet been framed. This amendment country) and an unidentified father will descent would be converted to cooling off period while the ruling Nepali and bureaucratic procrastination, and
Act is expected to pave the way to also get citizenship by descent. But this naturalised citizenship. Furthermore, it Congress and the Maoist party of Pushpa their children will be stuck in a stateless
citizenship for many such stateless youth section appears humiliating for a mother supports punitive action against the Kamal Dahal Prachanda supported the condition if the Act is not recognised by
as well as their parents. as she has to declare that her husband is mother if the father is found later. removal of the cooling off period. It is the President’s office.
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EXPLAINER

What is causing Arctic warming?

Why is the Greenland ice sheet melting at an alarming rate? How is it affecting the monsoons?

THE GIST
Rashmi Ramesh

The story so far: On August 11, Finnish

Meteorological Institute researchers
published their study in the
B Due to global warming, Communications Earth & Environment
any change in the surface journal, concluding that the Arctic is heating
air temperature and the net four times faster than the rest of the planet.
radiation balance tends to The warming is more concentrated in the
produce larger changes at Eurasian part of the Arctic, where the
the north and south poles. Barents Sea north of Russia and Norway is
These changes are more warming at an alarming rate — seven times
pronounced at the northern
latitudes and are known as
faster than the global average. Other studies
the Arctic amplification in 2021 (the American Geophysical Union)
and in 2022 (Geophysical Research Letters)
indicate that the Arctic amplification is four
B In May 2021, the Arctic
times the global rate. While earlier studies
Monitoring and Assessment
Programme had warned that have proved that the Arctic is warming two
the Arctic has warmed three or three times faster, recent studies show
times quicker than the that the region is fast changing and that the
planet best of climate models may not be able to
capture the rate of changes and predict it
B For several years, the accurately.
Greenland ice sheet has
been melting at an alarming What is Arctic amplification? What
rate. Between July 15 and causes it?
17, 2022, the Greenland ice Global warming, the long-term heating of the
sheet saw a sharp spike in earth’s surface, hastened due to
the rate and extent of anthropogenic forces or human activities
melting
since pre-industrial times and has increased
the planet’s average temperature by 1.1
B A study by a group of degrees Celsius. While changes are
Indian and Norwegian witnessed across the planet, any change in
scientists have found that
the surface air temperature and the net
the reduced sea ice in the
Barents-Kara sea region can
radiation balance tend to produce larger
lead to extreme rainfall changes at the north and south poles. This
events in the latter half of phenomenon is known as polar
the monsoons, in September amplification; these changes are more
and October pronounced at the northern latitudes and
are known as the Arctic amplification.
Among the many global warming-driven
causes for this amplification, the ice-albedo
feedback, lapse rate feedback, water vapour
feedback and ocean heat transport are the
primary causes. Sea ice and snow have high
albedo (measure of reflectivity of the
surface), implying that they are capable of
reflecting most of the solar radiation as
opposed to water and land. In the Arctic’s
case, global warming is resulting in
diminishing sea ice. As the sea ice melts, the
Arctic Ocean will be more capable of
absorbing solar radiation, thereby driving
the amplification. The lapse rate or the rate
at which the temperature drops with
elevation decreases with warming. Studies
show that the ice-albedo feedback and the
lapse rate feedback are responsible for 40%
and 15% of polar amplification respectively.

What do the previous studies say?

The extent of Arctic amplification is debated,
as studies show various rates of
amplification against the global rate. Studies
have shown that the Arctic was warming at
twice the global rate prior to the beginning
of the 21st century. With revised figures, the alarming rate, and the rate of accumulation fauna. published in 2021 by a group of Indian and
Inter-governmental Panel on Climate Change of sea ice has been remarkably low since The permafrost in the Arctic is thawing Norwegian scientists found that the reduced
released a ‘Special Report on the Ocean and 2000, marked by young and thinner ice and in turn releasing carbon and methane sea ice in the Barents-Kara sea region can
Cryosphere in a Changing Climate’ in 2019, replacing the old and thicker ice sheets. The which are among the major greenhouse lead to extreme rainfall events in the latter
which said that the “Arctic surface air Greenland ice sheet saw a sharp spike in the gases responsible for global warming. half of the monsoons — in September and
temperature has likely increased by more rate and extent of melting between July 15-17 CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC
October. The changes in the atmospheric
than double the global average over the last this year. The unusual summer temperatures circulation due to diminishing sea ice
two decades.” resulted in a melt of 6 billion tonnes of ice Greenlandic ice sheet holds the combined with the warm temperatures in
In May 2021, the Arctic Monitoring and sheet per day, amounting to a total of 18 second largest amount of ice, after the Arabian Sea contribute to enhanced
Assessment Programme (AMAP) warned that billion tonnes in a span of three days, Antarctica, and is crucial for moisture and drive extreme rainfall events.
the Arctic has warmed three times quicker enough to cover West Virginia in a foot of maintaining the sea level. In 2019, this In 2014, India deployed IndARC, India’s first
than the planet, and the chance of the sea water. was the single biggest cause for the moored-underwater observatory in the
ice completely disappearing in summers is Greenlandic ice sheet holds the second rise in the sea level, about 1.5 metres. Kongsfjorden fjord, Svalbard, to monitor the
10 times greater, if the planet is warmer by largest amount of ice, after Antarctica, and impact of the changes in the Arctic Ocean on
two degree Celsius above the pre-industrial therefore it is crucial for maintaining the sea Experts fear that the thaw and the melt will the tropical processes such as the
levels. The report also said that the average level. In 2019, this was the single biggest also release the long-dormant bacteria and monsoons.
annual temperature in the region increased cause for the rise in the sea level, about 1.5 viruses that were trapped in the permafrost According to the World Meteorological
by 3.1 degrees Celsius compared to the 1 metres. If the sheet melts completely, the sea and can potentially give rise to diseases. Organization’s report, ‘State of Global
degree Celsius for the planet. level would rise by seven metres, capable of Climate in 2021’, sea level along the Indian
However, recent studies have shown that subsuming island countries and major What is the impact on India? coast is rising faster than the global average
the mean Arctic amplification saw steep coastal cities. In recent years, scientists have pondered rate. One of the primary reasons for this rise
changes in 1986 and 1999, when the ratio The warming of the Arctic Ocean and the over the impact the changing Arctic can have is the melting of sea ice in the polar regions,
reached 4.0, implying four times faster seas in the region, the acidification of water, on the monsoons in the subcontinent. The especially the Arctic. The Arctic
heating than the rest of the planet. changes in the salinity levels, are impacting link between the two is growing in amplification furthers the idea that “what
the biodiversity, including the marine importance due to the extreme weather happens in the Arctic does not remain in the
What are the consequences of Arctic species and the dependent species. The events the country faces, and the heavy Arctic” and can substantially affect tropical
warming? warming is also increasing the incidence of reliance on rainfall for water and food processes far south.
The causes and consequences of Arctic rainfall which is affecting the availability and security. Rashmi Ramesh is a doctoral student at
amplification are cyclical — what might be a accessibility of lichens to the reindeer. The A study titled ‘A possible relation between the National Institute of Advanced Studies,
cause can be a consequence too. Arctic amplification is causing widespread Arctic sea ice and late season Indian Bengaluru and a Visiting Researcher at the
The Greenland ice sheet is melting at an starvation and death among the Arctic Summer Monsoon Rainfall extremes’ Arctic Centre, Finland
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EXPLAINER

Understanding ethanol blending

How is ethanol extracted? What are the environmental concerns with respect to this process?

THE GIST
K. Bharat Kumar

The story so far: Prime Minister Narendra

Modi announced that India has achieved its
target of blending 10% sugarcane-extracted
B Blending ethanol with ethanol in petrol, ahead of schedule.
petrol to burn less fossil Addressing the nation from the Red Fort on
fuel while running vehicles
the 76th Independence Day, he rooted for
is called ethanol
blending. Ethanol is an
energy independence stating that, “we need
agricultural by-product. It’s to be Aatmanirbhar (self-sufficient) in our
mainly obtained in the energy sector”. India is one of the world’s
processing of sugar from biggest oil importing nations.
sugarcane, but also from
other sources such as rice What is ethanol blending?
husk or maize. Blending ethanol with petrol to burn less
fossil fuel while running vehicles is called
B The auto industry has ethanol blending. Ethanol is an agricultural
committed to make all by-product which is mainly obtained from
vehicles E20 (20% ethanol the processing of sugar from sugarcane, but
in petrol) material compliant also from other sources such as rice husk or
by 2023. This means that
maize. Currently, 10% of the petrol that
the petrol points, plastics,
rubber, steel and other powers your vehicle is ethanol. Though we
components in vehicles have had an E10 — or 10% ethanol as policy
would need to be compliant for a while, it is only this year that we have
to hold/store fuel that is achieved that proportion. India’s aim is to
20% ethanol. increase this ratio to 20% originally by 2030
but in 2021, when NITI Aayog put out the
B While ethanol blending ethanol roadmap, that deadline was
can reduce CO2 emissions, advanced to 2025.
inefficient land and water Ethanol blending will help bring down
use for ethanol extraction as our share of oil imports (almost 85%) on
well as food security which we spend a considerable amount of
concerns still remain. our precious foreign exchange. Secondly,
more ethanol output would help increase
farmers’ incomes.
The NITI Aayog report of June 2021 says,
“India’s net import of petroleum was 185
million tonnes at a cost of $55 billion in
2020-21,” and that a successful ethanol
blending programme can save the country
$4 billion per annum.

What are first generation and second

generation ethanols?
With an aim to augment ethanol supplies,
the government has allowed procurement of
ethanol produced from other sources
besides molasses — which is first generation
ethanol or 1G. Other than molasses, ethanol
can be extracted from materials such as rice
straw, wheat straw, corn cobs, corn stover,
bagasse, bamboo and woody biomass, which
are second generation ethanol sources or
2G.
While inaugurating the Indian Oil Even though the industry is recovering almost 63,000 cars annually on our roads. 3.65 crore litres a year. The 2021 Ethanol
Corporation’s (IOC) 2G ethanol plant last from the economic losses bought on by the However, it does not reduce the emission of Roadmap forecasts that an additional 800
week, Mr. Modi referred to not only the pandemic, it is bound to make some change another key pollutant — nitrous oxide. crore litres of ethanol is needed annually to
prospect of higher farmer income but also to comply with India’s promise for net-zero The Institute for Energy Economics and meet the target. He points out that
dwelt upon the advantages of farmers selling emissions by 2070. Financial Analysis (IEEFA) in a report in “assuming the other 11 planned farm waste
the residual stubble — left behind after rice is March talks about the inefficient land use in distilleries have similar rates of production,
harvested — to help make biofuels. This What are the challenges before the ethanol production. The report’s author their combined input would barely produce
means lesser stubble burning and therefore, industry when it comes to 20% ethanol Charles Worringham said that we can use 5% of the additional annual ethanol
lesser air pollution. blended fuel? land far more efficiently by generating requirement.”
The Niti Aayog report points out that the renewable power for EV batteries. For
How have other countries fared? challenges before the industry are: example, to match the annual travel distance What about food security concerns?
Though the U.S., China, Canada and Brazil “optimisation of engine for higher ethanol of EVs recharged from one hectare Mr. Worringham also flags the impact on
all have ethanol blending programmes, as a blends and the conduct of durability studies generating solar energy, 187 hectares of crop output meant for food and fodder.
developing country, Brazil stands out. It had on engines and field trials before introducing maize-derived ethanol are required, even “There are already indications that more
legislated that the ethanol content in petrol E20 compliant vehicles.” when one accounts for the losses from sugarcane is being grown and that the
should be in the 18-27.5% range, and it finally CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC
electricity transmission, battery charging Government of India encouraged more corn
touched the 27% target in 2021. and grid storage. production at the India Maize Summit in
Ethanol blending will help bring The water needed to grow crops for May, with its use for ethanol production
How does it impact the auto industry? down India’s share of oil imports ethanol is another debating point. An cited as a reason for this push. Sugar and
At the time of the NITI Aayog report in June (almost 85%) on which the explainer in The Hindu in May states that for cane production that end up in the petrol
last year, the industry had committed to the government spends a considerable India, sugarcane is the cheapest source of tank cannot also appear on the dinner plate,
government to make all vehicles E20 amount of foreign exchange. ethanol. On average, a tonne of sugarcane in animal fodder, be stored in warehouses,
material compliant by 2023. This meant that Secondly, more ethanol output would can produce 100 kg of sugar and 70 litres of or be exported. As was evident in India’s
the petrol points, plastics, rubber, steel and help increase farmers’ incomes ethanol — meaning, a litre of ethanol from wheat harvest earlier this year, climate
other components in vehicles would need to sugar requires 2,860 litres of water. change-induced heatwaves are a worrying
be compliant to hold/store fuel that is 20% Sources say that the auto industry is in There has been, therefore, a move toward factor and can lead to lower-than-expected
ethanol. Without such a change, rusting is an talks with the government to plan this waste-based extraction, such as through harvests with little notice,” he says.
obvious impediment. transition. There are multiple issues at stake coarse grains. But supply may still be a Global corn, or maize, production is
Rajesh Menon, director-general of the for this endeavour. Storage is going to be the problem, though the Niti Aayog report down, and this adds an incentive for India to
Society of Indian Automobile Manufacturers main concern, for if E10 supply has to sounds sanguine on this count — “the try and export more. In France, the corn
says that the industry has committed to continue in tandem with E20 supply, storage roadmap estimates ethanol production from harvest has dipped 19%, and reductions in
becoming E20 engine compliant by 2025, would have to be separate which then raises domestic grains will increase a whopping forecast production have been seen for at
which means that engines would need to be costs. fourfold by 2025.” The abnormally wet least seven other countries in Europe. U.S.
tweaked so as to process petrol which has monsoon seasons may have helped in recent production expectations have also been
been blended with 20% ethanol. What have been the objections against years to raise grain output, but in its August revised slightly downward.
this transition? 2021 analysis The International Council on “Given the uncertainty about future
Are there other alternatives? Ethanol burns completely emitting nil Clean Transportation (ICCT) is sceptical that production, India may not find it easy to
Sources in the auto industry state that they carbon dioxide. By using the left-over those production increases can be sustained. simultaneously strengthen domestic food
prefer the use of biofuels as the next step, residue from rice harvests to make ethanol, Mr. Worringham states that sugar cane supply systems, set aside adequate stocks for
compared to other options such as electric stubble burning will also reduce. The 2G would likely continue to be the primary lean years, maintain an export market for
vehicles (EV), hydrogen power and ethanol project inaugurated last week will source for ethanol even with the 12 planned grains, and divert grain to ethanol at the
compressed natural gas. This is mainly reduce greenhouse gases equivalent to about farm waste — or 2G ethanol — distilleries. expected rate in coming years, and this is an
because biofuels demand the least three lakh tonnes of CO2 emissions per The first, inaugurated last week, has a issue that warrants continued monitoring,”
incremental investment for manufacturers. annum, which is the same as replacing capacity to produce 100 kilo litres a day, or he warns.
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EXPLAINER

The Great Barrier Reef’s recovery and vulnerability to climate threats

What is the extent of recovery recorded in Australia’s Great Barrier Reef? What are the potential threats to its health?

THE GIST
Diksha Munjal Australia’s Great Barrier Reef is the cyclones, scientists say that the biggest mass bleaching events have become
world’s largest reef system stretching threat to the health of the reef is climate more closely spaced in time. The first
The story so far: The highest levels of across 2,300 km and having nearly 3,000 change-induced heat stress, resulting in mass bleaching event occurred in 1998
coral cover, within the past 36 years, has individual reefs. It hosts 400 different coral bleaching. when the El Niño weather pattern caused
been recorded in the northern and types of coral, gives shelter to 1,500 Corals share a symbiotic relationship sea surfaces to heat, causing 8% of the
central parts of Australia’s Great Barrier species of fish and 4,000 types of with single-celled algae called world’s coral to die. The second event B The highest levels of
Reef (GBR), according to the annual mollusc. Coral reefs support over 25% of zooxanthellae. The algae prepares food took place in 2002. But the longest and coral cover, within the past
long-term monitoring report by the marine biodiversity even as they take up for corals through photosynthesis and most damaging bleaching event took 36 years, has been recorded
in the northern and central
Australian Institute of Marine Science only 1% of the seafloor. The marine life also gives them their vibrant colouration. place from 2014 to 2017. Mass bleaching
parts of Australia’s Great
(AIMS). The researchers behind the supported by reefs further fuels global When exposed to conditions like heat then occurred again in 2020, followed by Barrier Reef, according to
report have warned, however, that this fishing industries. Besides, coral reef stress, pollution, or high levels of ocean earlier this year. According to the the annual long-term
could be quickly reversed owing to rising systems generate $2.7 trillion in annual acidity, the zooxanthellae start producing Australian government’s scientists, 91% of monitoring report by the
global temperatures. This came after the economic value through goods and reactive oxygen species not beneficial to the reefs it had surveyed in March were Australian Institute of
reef experienced a mass coral bleaching service trade and tourism. In Australia, The Great Barrier Reef as on March 7. * AFP the corals. So, the corals kick out the affected by bleaching. Marine Science.
event in March this year. the Barrier Reef, in pre-COVID times, colour-giving algae from their polyps, Notably, half of the total reefs were
generated $4.6 billion annually through while that in the central region had exposing their pale white exoskeleton surveyed before the peak of this year’s B Australia’s GBR is the
What are coral reefs? tourism and employed over 60,000 reached 33%. Meanwhile, coral cover and leading to coral starvation as corals mass coral bleaching event in the GBR. world’s largest reef system
Corals are marine invertebrates or people including divers and guides. levels declined in the southern region cannot produce their own food. Bleached Since surveys to determine the effects of stretching across 2,300 km
animals which do not possess a spine. from 38% in 2021 to 34% in 2022. corals can survive depending on the bleaching need to occur during or after and having nearly 3,000
They are the largest living structures on What does the new report say? The record levels of recovery, the levels of bleaching and the recovery of the summer heatwave, the authors of the individual reefs.
the planet. Each coral is called a polyp The annual long-term monitoring by report showed, were fuelled largely by sea temperatures to normal levels. Severe report say that the full impact of this
and thousands of such polyps live AIMS began 36 years ago, and reefs are increases in the fast-growing Acropora bleaching and prolonged stress in the year’s mass bleaching would only be B The new survey shows
together to form a colony, which grow surveyed through in-water and aerial corals, which are a dominant type in the external environment can lead to coral known in next year's report. The aerial record levels of region-wide
when polyps multiply to make copies of techniques. The current report surveyed GBR. Incidentally, these fast growing death. surveys by AIMS included 47 reefs and coral cover in the northern
themselves. 87 reefs in the GBR between August 2021 corals are also the most susceptible to Over the last couple of decades, coral bleaching was recorded on 45 of and central GBR since the
Corals are of two types — hard corals and May 2022. The report states that reef environmental pressures such as rising climate change-induced rise in these reefs. While the levels were not first ever AIMS survey was
done. The record levels of
and soft corals. Hard corals extract systems are resilient and capable of temperatures, cyclones, pollution, temperature has made seas warmer than high enough to cause coral death it did recovery were fuelled by
calcium carbonate from seawater to build recovering after disturbances such as crown-of-thorn starfish (COTs) attacks usual. Under all positive outlooks and leave sub-lethal effects such as reduced increases in the
hard, white coral exoskeletons. Hard accumulated heat stress, cyclones, which prey on hard corals and so on. projections in terms of cutting growth and reproduction. fast-growing Acropora
corals are in a way the engineers of reef predatory attacks and so on, provided Also, behind the recent recovery in parts greenhouse gases, sea temperatures are The AIMS report says that the corals. However, scientists
ecosystems and measuring the extent of the frequency of such disturbances is of the reef, are the low levels of acute predicted to increase by 1.5°C to 2°C by prognosis for the future disturbance warned that these fast
hard coral is a widely-accepted metric for low. stressors in the past 12 months — no the time the century nears its end. suggests an increase in marine heatwaves growing corals are also the
measuring the condition of coral reefs. The new survey shows record levels of tropical cyclones, lesser heat stress in According to the UN assessment in 2021, that will last longer and the ongoing risk most susceptible to
Soft corals attach themselves to such region-wide coral cover in the northern 2020 and 2022 as opposed to 2016 and the world is going to experience heating of COTs outbreaks and cyclones. environmental pressures
such as rising temperatures,
skeletons and older skeletons built by and central GBR since the first ever AIMS 2017, and a decrease in COTs outbreaks. at 1.5°C in the next decade, the “Therefore, while the observed recovery
cyclones, pollution etc.
their ancestors. Soft corals also add their survey was done. Coral cover is temperature at which bleaching becomes offers good news for the overall state of
own skeletons to the hard structure over measured by determining the increase in Does this mean the reef is out of the more frequent and recovery less the GBR, there is an increasing concern
the years. These growing multiplying the cover of hard corals. The hard coral woods? impactful. for its ability to maintain this state,” the
structures gradually form coral reefs. cover in northern GBR had reached 36% Besides predatory attacks and tropical The concern is that in the past decade, report says.
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EXPLAINER

The workings of the Supreme Court collegium

How is the collegium constituted and what are its responsibilities? Who is set to be the next Chief Justice of India?

THE GIST
Krishnadas Rajagopal reconsideration. The basic tenet behind the
collegium system is that the judiciary should
The story so far: The Chief Justice of India have primacy over the government in
(CJI) N.V. Ramana’s tenure is drawing to an matters of appointments and transfers in
end in a few days. The Ramana Collegium order to remain independent. However, over
B The collegium of the has been particularly successful. Meeting time, the collegium system has attracted
Supreme Court consisting of frequently and working quickly, they took criticism, even from within the judicial
the Chief Justice of India
the perennial problem of judicial vacancies institution, for its lack of transparency. It has
and four senior-most judges
of the Supreme Court make
by its horns and turned it around. The even been accused of nepotism. The
recommendations for collegium, as a united front, was able to government’s efforts to amend the
appointments to the apex recommend numerous judicial Constitution and bring a National Judicial
court and High Courts. appointments and scripted history by getting Appointments Commission was struck down
nine Supreme Court judges appointed in one by a Constitution Bench.
B The CJI and the judges of go. Of the nine, Justice B.V. Nagarathna, is in
the Supreme Court are line to be the first woman CJI in 2027. How are judicial appointments to the
appointed by the President Supreme Court made?
under clause (2) of Article What exactly is the collegium system? The appointment of the CJI and judges of the
124 of the Constitution. The The collegium system was born out of years apex court is governed by a Memorandum of
appointment to the office of of friction between the judiciary and the Procedure. The CJI and the judges of the
the CJI should be of the executive. The hostility was further Supreme Court are appointed by the
senior-most judge of the
accentuated by instances of court-packing President under clause (2) of Article 124 of
Supreme Court considered
fit to hold the office. (the practice of changing the composition of the Constitution. The appointment to the
judges in a court), mass transfer of high office of the CJI should be of the senior-most
court judges and two supersessions to the judge of the Supreme Court considered fit to
B The increase in the office of the CJI in the 1970s. hold the office. The Union Law Minister recommendation, the Law Minister would of apex court judges was 18 and pendency A view of the Supreme
number of judges has not
The Three Judges cases saw the evolution would, at an “appropriate time”, seek the forward it to the Prime Minister, who would had crossed the 14,000-mark. In 1986, there Court of India. SUSHIL KUMAR
*

guaranteed lower pendency

of cases in the apex court of the collegium system. In the First Judges recommendation of the outgoing CJI on his advise the President in the matter of were 26 judges in the Supreme Court while VERMA

over the years. The number case, the court held that the consultation successor. Once the CJI recommends, the appointment. pendency increased to 27,881. In 2009, the
of pending cases has risen with the CJI should be “full and effective”. Law Minister forwards the communication number of judges in the Supreme Court
to 71,411 as on August 1, The Second Judges case introduced the to the Prime Minister who would advise the Has the increase in judicial reached 31 though pendency went beyond
2022 from a little over collegium system in 1993. It ruled that the CJI President on the appointment. appointments lowered pendency in the 50,000. In 2014, the number of judges
55,000 in 2017. would have to consult a collegium of his two In the case of an appointment of a Supreme Court? remained 31 but pendency had burgeoned to
senior-most judges in the apex court on Supreme Court judge, when a vacancy is The increase in the number of judges has not over 64,000. In 2020 and 2021, the
judicial appointments. The court held that expected to arise in the apex court, the guaranteed lower pendency of cases in the pandemic added to the pendency rate in the
such a “collective opinion” of the collegium collegium would recommend a candidate to apex court over the years. The number of apex court. The year 2020 ended with a
would have primacy over the government. It the Union Law Minister. The CJI would also pending cases has risen to 71,411 as on backlog of 64,426 cases and 2021 with
was the Third Judges case in 1998, which was ascertain the views of the senior-most judges August 1, 2022 from a little over 55,000 in 69,855 cases.
a Presidential reference, that expanded the in the Supreme Court, who hail from the 2017. This is despite the fact that the The court currently has 31 working judges.
judicial collegium to its present composition High Court from where the person sanctioned judicial strength of the court was Four serving judges, including Chief Justice
of the CJI and four of his senior-most judges. recommended comes from. The opinions of increased to 34 judges in August 2019. A Ramana, would retire in the next few
each member of the Collegium and other steady rise in arrears regardless of the months. His successor Justice U.U. Lalit, is
How does the collegium system work? judges consulted should be made in writing periodic increase in judicial strength has scheduled to retire in November 8, with
The collegium of the CJI and four and form part of the file on the candidate been a constant phenomenon since 1950. hardly a three-month tenure as top judge.
senior-most judges of the Supreme Court sent to the government. If the CJI had In 1950, the Supreme Court had eight Justice D.Y. Chandrachud is in line as per the
make recommendations for appointments to consulted non-judges, he should make a judges and a pendency of 100-plus cases. A seniority norm to be the 50th CJI Chief
the apex court and High Courts. The memorandum containing the substance of decade later, in 1960, the judges’ strength in Justice in November. The problems of
collegium can veto the government if the consultation, which would also be part of the Supreme Court grew to 14 while arrears and vacancies in the apex court may
names are sent back by the latter for the file. After the receipt of the Collegium pendency rose to 3,247. In 1978, the number likely fall on his shoulders in a year of churn.
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EXPLAINER

What is the Criminal Procedure

(Identification) Act, 2022?
How is the recent legislation different from the earlier Identification of Prisoners Act, 1920? What are the main concerns and
oppositions against the Act?

THE GIST
Trishee Goyal

The story so far: The Criminal Procedure

(Identification) Act, 2022 provides legal
sanction to law enforcement agencies for
B The Criminal Procedure “taking measurements of convicts and other
(Identification) Act, 2022 persons for the purposes of identification
provides legal sanction to and investigation of criminal matters”. While
law enforcement agencies the legislation was enacted earlier this year,
for “taking measurements of
the Ministry of Home Affairs notified it to
convicts and other persons
for the purposes of
come into effect from August 4, 2022. It also
identification and repeals the existing Identification of
investigation of criminal Prisoners Act, 1920.
matters”. It came into effect
from August 4. What is the use of identification details
in criminal trials?
B Over the years, the need Measurements and photographs for
to amend/update the identification have three main purposes.
Identification of Prisoners First, to establish the identity of the culprit
Act, 1920 has been voiced against the person being arrested, second, to
several times. In 1980, the identify suspected repetition of similar
87th Report of the Law offences by the same person and third, to
Commission of India
establish a previous conviction.
undertook a review of this
legislation and
recommended several What was the previous Identification of
amendments. Prisoners Act, 1920?
Even though the police has powers of arrest,
B Multiple concerns have
mere arrest does not give them the right to
been raised about the new search a person. The police requires legal
law. One of the main sanction to search the person and collect
concerns is that unlike the evidence. These legal sanctions are designed
Identification of Prisoners so as to maintain a balance between the
Act, 1920, the current law rights of an individual and the interests of
allows for “measurements” society in prosecution and prevention of
to be taken if a person has offences.
been convicted/arrested for
any offence, including petty CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC

offences. The necessity of The legislation comes in the backdrop

taking measurements of
such persons for
of the right to privacy being
investigation of offences is recognised as a fundamental right. A
unclear and will probably fundamental facet of the right to
lead to overburdening of privacy is protection from the
systems used for collection Act by several States. The Minister of Home the state and “measurements” are being the option to not submit for
invasion of one’s physical privacy
and storage of these
Affairs, while laying the Criminal Procedure taken under a valid legislation, the “measurements” is limited to biological
“measurements”.
The Identification of Prisoners Act, 1920 (Identification) Bill, 2022, in the Lok Sabha, satisfaction of the third test of necessity and samples and is available at the discretion of
became a necessity when the recording of observed that with advancements in proportionality has been challenged on the police officer, this exception provides
newer forms of evidence such as forensics, there was a need to recognise multiple counts. restricted relief.
fingerprints, footprints and measurements more kinds of “measurements” that can be First, while the need for expansion of the Another worry expressed by experts is
started becoming more accurate and used by law enforcement agencies for “measurements” that can be taken is well that such collection can also result in mass
reliable. investigation. justified, the inclusion of derivative data surveillance, with the database under this
The Statement of Objectives and Reasons such as “analysis” and “behavioural law being combined with other databases
of the Identification of Prisoners Act, 1920 What are the main highlights and attributes” have raised concerns that data such as those of the Crime and Criminal
states that “the value of the scientific use of differences in both the legislations? processing may go beyond recording of core Tracking Network and Systems (CCTNS).
finger impressions and photographs as Like the Identification of Prisoners Act, 1920, “measurements”. That is some of these Lastly, concerns are being raised that the
agents in the detection of crime and the new Criminal Procedure (Identification) measurements could be processed for present law violates the right against
identification of criminals is well known”. It Act, 2022 provides for legal sanction to law predictive policing. While this is a legitimate self-incrimination enshrined in Article 20(3)
further goes on to state that although lack of enforcement agencies for the collection of concern, and purposes for which the of the Constitution of India. However, this
legal sanction has not created problems measurements. The purpose is to create a “measurements” can be processed need to argument is nebulous since the Supreme
before, there were increasing instances of useable database of these measurements. be better defined, merely recording core Court has already settled this point. In the
prisoners refusing to allow their fingerprints While at the State level, each State is measurements without conducting the State of Bombay vs Kathi Kalu Oghad, the
or photographs to be recorded. Therefore, required to notify an appropriate agency to required forensics on them would severely Supreme Court had conclusively held that
“to prevent such refusals in the future collect and preserve this database of limit the usability of these “measurements”. “non-communicative” evidence i.e. evidence
…[and] to place the taking of measurements measurements, at the national level, the Second, unlike the Identification of which does not convey information within
etc which is a normal incident of police work National Crime Records Bureau (NCRB) is Prisoners Act, 1920 which provided that the personal knowledge of the accused
in India, as elsewhere, on a regular footing” the designated agency to manage, process, “measurements” will be taken for those cannot be understood to be leading to
it was considered necessary to enact the share and disseminate the records collected either convicted or arrested for offences that self-incrimination. Therefore, no challenge
Identification of Prisoners Act, 1920. at the State level. entail imprisonment of one year or upwards, lies to the law on this ground.
the current law allows for “measurements”
What was the need to replace this Act? What are some of the concerns with the to be taken if a person has been What is the way ahead?
Over the years, the need to amend/update present legislation? convicted/arrested for any offence, including The Opposition has raised objections to a
the Identification of Prisoners Act, 1920 has Since the Identification of Prisoners Act, petty offences. The necessity of taking law of such import not being submitted for
been voiced several times. In 1980, the 87th 1920 was a colonial legislation, its measurements of such persons for public consultation or referred to
Report of the Law Commission of India duplication in the Criminal Procedure investigation of offences is unclear, and such parliamentary standing committees, as was
undertook a review of this legislation and (Identification) Act, 2022, a discretion is likely to result in abuse of the done for the DNA Technology (Use and
recommended several amendments. This post-independence legislation has raised law at lower levels and overburdening of the Application) Regulation Bill, 2019 which has
was done in the backdrop of the State of UP some concerns related to the protection of systems used for collection and storage of benefited from such scrutiny.
vs Ram Babu Misra case, where the fundamental rights. these “measurements”. Given that these The Central government has responded to
Supreme Court had highlighted the need for The legislation comes in the backdrop of records will be stored for 75 years from the the criticisms of the law stating that privacy
amending this law. The first set of the right to privacy being recognised as a time of collection, the law has been and data protection related concerns will be
recommendations laid out the need to fundamental right. A fundamental facet of criticised as being disproportionate. addressed in the Rules formulated under the
amend the Act to expand the scope of the right to privacy is protection from the It needs to be noted here that the new legislation and through model Prison
measurements to include “palm invasion of one’s physical privacy. As per the legislation allows that a person who has Manuals that States can refer to.
impressions”, “specimen of signature or Puttaswamy judgment, for a privacy been arrested for an offence that is The immediate future of this law is
writing” and “specimen of voice”. The intrusive measure to be constitutional, there punishable by less than seven years of unclear. A writ petition has been filed
second set of recommendations raised the is a need for the measure to be taken in imprisonment, and is not an offence against challenging the constitutionality of the law
need of allowing measurements to be taken pursuance of a legitimate aim of the state, be women and children, “may not be obliged to before the Delhi High Court. The court has
for proceedings other than those under the backed by the law and be “necessary and allow taking of his biological samples”. This issued notice to the Central government for
Code of Criminal Procedure (CrPC). proportionate” to the aim being sought to be is definitely an improvement over the earlier filing a reply.
The Law Commission Report also notes achieved. In this case, while the first two law which did not allow for any such refusal. Trishee Goyal is a research fellow at the
that the need for an amendment is reflected tests are satisfied, as “prevention and It also helps allay concerns of Centre for Applied Law and Technology
by the numerous amendments made to the investigation of crime” is a legitimate aim of disproportionate collection. However, given Research, Vidhi Centre for legal policy
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EXPLAINER

How the maiden flight of ISRO’s SSLV went awry

Why did the ISRO prefer a SSLV over the PSLV or GSLV? What was the designated function of the satellites on-board the vehicle?

THE GIST
Shubashree Desikan

The story so far: On August 7, ISRO got

ready for the first developmental flight of the
SSLV-D1/EOS-2 mission. The launch took
B The SSLV D1/EOS-2 place from the Satish Dhawan Space Centre
mission was carrying two at Sriharikota. The Small Satellite Launch
satellites — the Earth
Observation Satellite-2
Vehicle (SSLV) D1/EOS-2 mission, was
(EOS-2 and AzadiSAT. carrying two satellites — the Earth
However, the mission failed Observation Satellite-2 (EOS-2) which
to place the satellites in weighed about 135 kg and AzadiSAT which
their required orbits, and weighed about eight kg. The mission aimed
the satellites, as they were to place the EOS-2 in a circular low-Earth
already detached from the orbit at a height of about 350 km above the
launch vehicle, were lost. Equator and inclined at an angle of 37
degrees. The initial part of the story was
B The EOS-2 offered successful with the launch vehicle operating
advanced optical remote smoothly. However, the mission failed to
sensing operations while the place the satellites in their required orbits,
AzadiSAT on the other hand
and the satellites, as they were already
was a collective of 75 tiny
payloads integrated by
detached from the launch vehicle, were lost.
students.
What was the purpose of the
SSLV-D1/EOS-2 mission?
B The malfunctioning of a
The purpose of this mission was to place the
sensor resulted in placing
the satellites in an elliptical two satellites in circular low-Earth orbits at a
orbit, rather than a circular height of about 350 km above the Equator.
orbit. Satellites that orbit The larger one, the EOS-2 which was is unprecedented in ISRO, it was announced there will be sensors that feed back this easily carry small-to-medium loads from 10 Unexpected deviation:
the Earth are mostly placed designed and developed by ISRO, offered that there was a malfunctioning of a sensor information to a system. This will kg to 500 kg. It is less expensive. The three ISRO’s Small Satellite
in circular orbits. One advanced optical remote sensing operations. which resulted in placing the satellites in an immediately trigger a course correction stages being powered by solid fuel is another Launch Vehicle (SSLV)
reason is that if the satellite It would have operated in the infrared region elliptical orbit, rather than a circular orbit. which will restore the trajectory of the advantage. Solid fuel is easier to handle, during its launch from the
is used for imaging the and could have served many purposes, from The ellipse or oval shape of the elliptical rocket. There are many sensors as well as a whereas handling the liquid propellants Sathish Dhawan Space
Earth, it is easier if it has a Centre, in Sriharikota on
imaging for climate studies to simply orbit is elongated in one direction and built-in redundancy. That is, even if one or used in the PSLV and GSLV is more complex.
fixed distance from the August 7, 2022. PTI
Earth. keeping an eye on Earth. compressed in another (the so-called major two sensors fail, there will be others that *

AzadiSAT, on the other hand, was a and minor axes, which are like two radii of take over and effect the course correction. In What is the difference between circular
collective of 75 tiny payloads weighing the ellipse). The shortest height above the the present case, the announcement was and elliptical orbits?
around 50 grams each, which were Earth of this oval orbit was only about 76 that “failure of a logic to identify a sensor Mostly objects such as satellites and
integrated by students. It carried tiny km. failure and go for a salvage action caused the spacecrafts are put in elliptical orbits only
experiments which would have measured deviation.” This could possibly imply that temporarily. They are then either pushed up
the ionising radiation in its orbit and also a Why were the satellites lost? either redundancy was not built in, which is to circular orbits at a greater height or the
transponder which worked in the ham radio If the closest distance to the Earth is only 76 highly unlikely, or perhaps that it was built acceleration is increased until the trajectory
frequency to enable amateur operators to km, as it happened this time, there is an in but did not kick off due to a technical changes from an ellipse to a hyperbola and
access it. atmospheric drag experienced by the object glitch. the spacecraft escapes the gravity of the
at that height. Thereafter, unless adequate Earth in order to move further into space —
Which part of the mission succeeded thrust is applied to overcome the drag, it will Why do we need to develop an SSLV for example, to the Moon or Mars or further
and where did it fail? lose height and fall towards the Earth when we have successfully used PSLV away.
The SSLV was composed of three stages because of gravity and may eventually burn and GSLV? Satellites that orbit the Earth are mostly
powered by solid fuels and these three up due to friction. The PSLV (Polar Satellite Launch Vehicle) placed in circular orbits. One reason is that if
performed their function as planned. and GSLV (Geosynchronous Satellite Launch the satellite is used for imaging the Earth, it
However, when it came to the stage when What went wrong with the launch? Vehicle) are quite powerful and can carry is easier if it has a fixed distance from the
the satellites had to be set in orbit, there was Today rocket technology has progressed to huge loads. To place an Earth Orbiting Earth. If the distance keeps changing as in an
a glitch which resulted in the satellites being such a stage that even if the course of the Satellite in a low Earth orbit, one does not elliptical orbit, keeping the cameras
lost forever. With a degree of openness that rocket is altering from its planned course, need such power horses. The SSLV can focussed can become complicated.
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EXPLAINER

On guardianship and adoption of minors

What are the multiple laws on adoption and custody of minors? What has the panel recommended with respect to the LGBTQI community?

THE GIST
Jagriti Chandra just one parent where mothers tend to The Supreme Court’s landmark there is a need to amend the law,
get preference. It says courts should be judgment in Githa Hariharan vs Reserve including the Guardians and Wards Act,
The story so far: A Parliamentary panel empowered to grant joint custody to both Bank of India in 1999 challenged the 1890 to introduce concepts such as joint
has recommended conferring equal parents when such a decision is HMGA for violating the guarantee of custody.
rights on mothers as guardians under the conducive for the welfare of the child, or equality of sexes under Article 14 of the
Hindu Minority and Guardianship Act award sole custody to one parent with Constitution of India and the court held Can queer and transgender people B A Parliamentary Standing
(HMGA), 1956 instead of treating them as visitation rights to the other. that the term “after” should not be taken adopt children in India? Committee tabled its report
on August 8, 2022, in both
subordinates to their husband, and has On adoption, the Committee has said to mean “after the lifetime of the father “, The Adoption Regulations, 2017 is silent
Houses of Parliament on the
called for joint custody of children during that there is a need for a new legislation but rather “in the absence of the father”. on adoption by LGBTQI people and ‘Review of Guardianship and
marital disputes. It has also proposed that harmonises the Juvenile Justice (Care But the judgment failed to recognise both neither bans nor allows them to adopt a Adoption Laws’. In its report
allowing the LGBTQI community to adopt and Protection of Children) Act, 2015 and parents as equal guardians, child. Its eligibility criteria for the committee has said that
children. the Hindu Adoptions and Maintenance subordinating a mother’s role to that of prospective adoptive parents says that there is an “urgent need to
Act (HAMA), 1956 and that such a law the father. Though the judgment sets a they should be physically, mentally and amend the HMGA and
What are the recommendations of should cover the LGBTQI community as precedent for courts, it has not led to an emotionally stable, financially capable accord equal treatment to
the Parliamentary panel on well. amendment to the HMGA. and should not have any life-threatening both mother and father as
natural guardians.”
guardianship and child custody? The panel's proposals on guardianship medical condition. Single men can only
The department-related Parliamentary What does the law say on have been made by the Law Commission adopt a boy while a woman can adopt a
Standing Committee on Personnel, Public guardianship? How do courts grant of India in its 257th report on "Reforms in child of any gender. A child can be given B The Supreme Court’s
Grievances, Law and Justice tabled its child custody? Guardianship and Custody Laws in India" for adoption to a couple only if they have landmark judgment in Githa
report on August 8, 2022, in both Houses Indian laws accord superiority to the in May 2015 as well as its 133rd report in been in a marital relationship for at least Hariharan vs Reserve Bank
of India in 1999 challenged
of Parliament on the ‘Review of father in case of guardianship of a minor. August, 1989 on "Removal of two years. The HAMA which applies to the HMGA for violating the
Guardianship and Adoption Laws’. In its Under the religious law of Hindus, or the discrimination against women in matters Hindus, Sikhs, Jains and Buddhists allows guarantee of equality of
report the committee has said that there Hindu Minority and Guardianship Act, relating to guardianship and custody of men and women to adopt if they are of sexes under Article 14 of
is an “urgent need to amend the HMGA (HMGA) 1956, the natural guardian of a father is the natural guardian, but minor children and elaboration of the sound mind and are not minors. Activists the Constitution.
(Hindu Minority and Guardianship Act, Hindu minor in respect of the minor’s custody vests with the mother until the welfare principle" say LGBTQI people who seek adoption
1956) and accord equal treatment to both person or property “is the father, and son reaches the age of seven and the face institutional discrimination because B The Adoption
mother and father as natural guardians as after him, the mother: provided the daughter reaches puberty though the What about cases of marital of stigma. Therefore, the law should be Regulations, 2017 is silent
the law violated the right to equality and custody of a minor who has not father’s right to general supervision and disputes? amended to include them as eligible on adoption by LGBTQI
right against discrimination envisaged completed the age of five years shall control exists. The concept of Hizanat in In cases of marital disputes, some courts candidates including when they apply as people and neither bans nor
under Articles 14 and 15 of the ordinarily be with the mother.” Muslim law states that the welfare of the such as the Punjab and Haryana High non-single parents such as when they are allows them to adopt a
Constitution.” The Muslim Personal Law (Shariat) child is above all else. This is the reason Court and Bombay High Court have in civil unions or married for which there child.
In cases of marital dispute, the panel Application Act, 1937 says that the Shariat why Muslim law gives preference to the framed rules to grant joint custody or is no legal recognition in the country as
says there is a need to relook at child or the religious law will apply in case of mother over the father in matters of shared parenting. But senior lawyer Anil yet even though the Supreme Court
custody which is typically restricted to guardianship according to which the custody of children in their tender years. Malhotra says instead of this “patchwork” legalised gay sex in 2018.
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EXPLAINER

The need for a distinction between blasphemy and hate speech

What is the history of Section 295 (A) of the Indian Penal Code? How should “blasphemy” be treated in the statute as opposed to hate speech?

THE GIST
Kumar Kartikeya that the author of this cannot be occasions that perhaps the goal of hate launched on certain web series like
Kamya Wahal prosecuted as the writing did not cause speech statutes in Section 295(A) is to Tandav, which reportedly offended
animosity or hostility between any prevent prejudice and ensure equality. religious emotions.According to the filed
The story so far: While Mohammad communities. Thus, the offense did not Unfortunately, there is a huge disparity FIR, the series purportedly presents
Zubair of Alt News was arrested for fall under Section 153(A), which dealt between this interpretation and the Hindu gods in a demeaning manner.
tweeting a still picture from a movie that with maintaining public tranquility/order. actual wording due to which the law is There have also been incidents where B The legality of Section
had some religious context attached to it, However, this incident gave rise to a still being exploited at all levels of citizens performing stand-up comedy 295(A) was affirmed by a
Nupur Sharma, a member of the BJP, has demand that there be a law to protect the administration. have been arrested only because they had five-judge Bench of the
Supreme Court. The court
been absconding with no coercive action sanctity of religions, and thus, Section Insulting religion or religious figures religious references in their script.
said that the punishment
taken against her for her inflammatory 295(A) was introduced. may be disputed or condemned but it The inadequacies of the rules of free under Section 295(A) deals
remarks on a prime-time TV show. Have The legality of Section 295(A), which should not be legally outlawed or speech are further exemplified in the with aggravated form of
the inadequacies of free speech laws had been challenged in the Ramji Lal prosecuted. The reason for this is previously mentioned cases of blasphemy which is
been exemplified in these cases? What Modi case (1957), was affirmed by a because hate speech laws are predicated Mohammad Zubair and Nupur Sharma. committed with the
regulations govern criticism versus hate five-judge Bench of the Supreme Court. on the critical distinction between These cases show how regulations malicious aim of offending
speech? The apex court reasoned that while criticising or ridiculing religion and don’t draw a line between criticism and any religious sensibilities.
Article 19(2) allows reasonable limits on encouraging prejudice or aggression premeditated hate speech. Failing to
What is the history of Section 295 freedom of speech and expression for the public disorder caused as a result of it towards individuals or a community articulate these distinctions diminishes B Insulting a religion may
(A)? sake of public order, the punishment should have a close relationship for because of their faith. fair use of the Section and makes it more be disputed but should not
As far as laws in India go, there isn’t under Section 295(A) deals with retrieving Section 295(A) of IPC. By 2011, difficult to define and penalise the actual be legally outlawed. The
formal legislation against blasphemy. The aggravated form of blasphemy which is it concluded that only speech that Are hate speech cases rising? crime of hate speech. reason for this is because
closest equivalent to a blasphemy law is committed with the malicious aim of amounts to "incitement to impending As per the data given by the National hate speech laws are
predicated on the critical
Section 295(A) of the Indian Penal Code offending the religious sensibilities of any unlawful action" can be punished. That Crime Records Bureau(NCRB), there has How should one deal with incidents
distinction between
(IPC), which punishes any speech, class. is, the state must meet a very high bar been a huge increase in cases registered of blasphemy? criticising religion and
writings, or signs that “with before using public disturbance as a promoting hate speech and fostering Blasphemy laws which prohibit religious encouraging prejudice
premeditated and malicious intent” insult How has the legislation been justification for suppressing expression. animosity in society. The data reads that criticism in general are incompatible with towards individuals because
citizens’ religion or religious beliefs with interpreted? while there were only 323 cases the principles of a democratic society. In of their faith.
a fine and imprisonment for up to three Down the line, the apex court redefined Should there be a difference registered in 2014, it had increased to a free and democratic society, there
years. the test it laid down in the Ramji Lal Modi between blasphemy laws and hate 1,804 cases in 2020. should be no screening of discourse and B Blasphemy laws which
The history of Section 295(A) of the case. It decided that the connection speech laws? However, this can also be due to the dissent. The only feasible solution that prohibit religious criticism in
IPC can be traced back to 95 years. In between speech and disorder must be The wording of Section 295(A) is steep turns in the dynamics of our stands on the thin line of protection of general are incompatible
1927, a satire was published which had like a "spark in a powder keg". considerably too wide. It cannot be current society. Section 295(A) is now faith and questioning hate speech should with the principles of a
obscene parallels to the Prophet's In the case of Superintendent, Central stated that deliberate disrespect to usually used to penalise religious dissent, be keeping blasphemy in the statutes but democratic society.
personal life. It was indeed very offensive Prison, Fatehgarh vs Ram Manohar religion or religious sensibilities is satire, and any comedic content with de-criminalising it.
to the Muslim community but the Lohia the Supreme Court stated that the necessarily tantamount to incitement. religious references. Kartikeya and Kamya read law and
erstwhile High Court of Lahore observed link between the speech spoken and any The Supreme Court has said on several Bogus cases of 295(A) have been are based out of New Delhi
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EXPLAINER

Explained | Challenging the Special Marriage Act, 1954

Why are Sections 6 to 10 of the Special Marriage Act under scrutiny? How are these provisions being misused?

THE GIST
Jagriti Chandra requirements are absent in personal laws. The petition reads, “The impugned parents in March 2020 until her
A Bench of Justices Dinesh Maheshwari provisions, by throwing the personal boyfriend filed a habeus corpus in the
The story so far: The Supreme Court on and Bela M. Trivedi rejected the writ information of the individuals open to Delhi High Court. Following another
Monday dismissed a writ petition petition on the grounds that the public scrutiny, seriously damage one’s petition, the Sub-Divisional Magistrate
challenging provisions of the Special petitioner, 35- year-old Athira Sujatha, right to have control over her or his (SDM) was slapped with a contempt
Marriage Act (SMA), 1954 requiring was no longer an aggrieved party as she personal information and its accessibility. notice and the Delhi government issued a B The Supreme Court on
couples to give a notice declaring their had already solemnised her marriage By making the personal details of the warning to all SDMs in the State. The Monday dismissed a writ
intent to marry 30 days before their under SMA. The petitioner's lawyers said couple accessible to everyone, the very Haryana government has laid down 16 petition challenging the
marriage. that they were now deliberating on an right of the couple to be the decision pre-requisites which ask couples to issue Constitutional validity of
alternative approach to initiate this makers of their marriage is being a notice in a newspaper and that such certain provisions of the
Special Marriage Act, 1954
What does the petition seek? What litigation such as through a public hampered by the state.” notices be sent to their parents. In certain
under which couples seek
did the court say? interest litigation involving other victims. States, couples have to seek a refuge for inter-faith and
The Supreme Court on Monday Another writ petition in Nandini Praveen How do these provisions make no-objection certificate from their inter-caste marriages.
dismissed a writ petition challenging the vs Union of India & Others filed on couples vulnerable? parents. The Maharashtra Department of
Constitutional validity of certain similar grounds was admitted by the These public notices have been used by Registration and Stamps publicly shares
B The writ petition has
provisions of the SMA under which Supreme Court in 2020 and the anti-social elements to harass couples the details of couples marrying under called the provisions under
couples seek refuge for inter-faith and government’s reply to is awaited. getting married. In Athira’s case, who got SMA on its website and so did the Kerala the SMA violative of the
inter-caste marriages. The writ petition married in 2019 under SMA, her marriage government until Athira came forward right to privacy guaranteed
has called these provisions violative of What are the provisions that have affixed at a “conspicuous place” in the notice containing her address was and pointed out that this allowed under Article 21 of the
the right to privacy guaranteed under been challenged? office of the Marriage Officer so that circulated on Facebook and WhatsApp communal elements to access personal Constitution as they require
Article 21 of the Constitution as they Section 5 of the SMA requires couples anyone can raise an objection to the calling on people to visit her parents and details and threaten and harass couples. couples to give a notice of
require couples to give a notice of 30 days getting married under it to give a notice marriage. Section 7 provides the process make them “aware” about her marriage. Many also complain about the behaviour 30 days before the date of
marriage inviting objections
before the date of marriage inviting to the Marriage Officer 30 days before the for making an objection such as if either While Athira had the support of her of the staff at the SDM’s office who often
from the public.
objections from the public. The writ date of marriage. The writ seeks striking party has a living spouse, is incapable of parents, for many others who often delete or delay applications and dissuade
petition filed by counsels K. R. Sripathi down of provisions that follow in Section giving consent due to “unsoundness of marry without their parent’s consent this couples from marrying under SMA and
and Anupama Sripathi and advocate on 6 to Section 10. Section 6 requires such a mind” or is suffering from mental can be life-threatening. There have been ask them to convert at a Arya Samaj B These public notices have
record Sriram Parakkat has also said that notice to be then entered into the disorder resulting in the person being instances, where marriage officers have temple. With as many as 11 States passing been used by anti-social
elements to harass couples
the provisions contravene Article 14 on Marriage Notice Book maintained by the unfit for marriage or procreation. Section gone over and beyond the law and sent anti-conversion (or so called love-jihad)
getting married.
prohibition of discrimination on grounds Marriage Officer, which can be inspected 8 specifies the inquiry procedure to be such notices to the parents of the couple laws, parents and the State are now
of religion, race, caste and sex as well as by “any person desirous of inspecting the followed after an objection has been leading to a Muslim woman in Delhi armed to punish and harass such
Article 15 on right to equality as these same”. These notices have to be also submitted. being confined to her house by her couples.
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EXPLAINER

The concerns around Aadhaar-Voter ID linkage

Why is the Election Commission keen on voters linking their Aadhaar with voter IDs?

THE GIST
Trishee Goyal Form 6B provides the format in which Aadhaar, the current design would in effect
Aadhaar information may be submitted to mandate Aadhaar linkage. In this context, it
The story so far: Reports have surfaced the electoral registration officer. Form 6B needs to be considered whether requiring an
online of instances where block level officers provides the voter to either submit their Aadhaar holder to mandatorily provide
have asked individuals to link their Aadhaar Aadhaar number or any other listed Aadhaar for authentication or verification
B There have been with their Voter IDs, failing which their Voter document. However, the option to submit would not be considered violative of their
instances of block officers IDs could be cancelled. This comes in the other listed documents is exercisable only if informational autonomy (right to privacy)
mandating the linking of Aa aftermath of the Election Commission’s (EC) the voter is “not able to furnish their which would allow them to decide which
dhar with Voter IDs after campaign to promote the linkage of Voter ID Aadhaar number because they do not have official document they want to use for
the Election Commission’s
and Aadhaar that began on August 1. In the an Aadhaar number”. To that extent, the verification and authentication.
campaign to promote the
linkage of Voter ID and first ten days since its launch, the campaign element of choice that has been Moreover, in Lal Babu Hussein (1995), the
Aadhaar which began on saw almost 2.5 crore Aadhaar holders incorporated in the amendments seem to be Supreme Court had held that the Right to
August 1. voluntarily submitting their details to the EC. negated or at the very least thrown into vote cannot be disallowed by insisting only
confusion. on four proofs of identity — voters can rely
B Form 6B provides the
Why does the government want this? on any other proof of identity and obtain the
format in which Aadhaar The EC conducts regular exercises to Why is the mandatory linking of right to vote.
information may be maintain an updated and accurate record of Aadhaar to the Voter ID an issue?
submitted to the electoral the voter base. A part of this exercise is to The preference to use Aadhaar for What are the operational difficulties?
registration officer. weed out duplication of voters, such as verification and authentication, both by the First, the preference to Aadhaar for the
However, the option to migrant workers who may have been state and private sector, stems from two purposes of determining voters is puzzling
submit other listed registered more than once on the electoral reasons. First, at the end of 2021, 99.7% of as Aadhaar is only a proof of residence and
documents is exercisable
rolls in different constituencies or for the adult Indian population had an Aadhaar not a proof of citizenship. Therefore,
only if the voter is “not able
to furnish their Aadhaar
persons registered multiple times within the card. This coverage exceeds that of any other verifying voter identity against this will only
number because they do not same constituency. As per the government, officially valid document such as driver’s help in tackling duplication but will not
have an Aadhaar number”. linkage of Aadhaar with voter IDs will assist licence, ration cards, PAN cards etc that are remove voters who are not citizens of India
in ensuring that only one Voter ID is issued mostly applied for specific purposes. from the electoral rolls.
per citizen of India. Second, since Aadhaar allows for biometric Second, the estimate of error rates in
B Civil society has
highlighted that linking of authentication, Aadhaar based biometric based authentication differ widely.
the two databases of Is the linking of Aadhaar with one’s authentication and verification is considered As per the Unique Identification Authority of
electoral rolls and Aadhaar Voter ID mandatory? more reliable, quicker and cost efficient India in 2018, Aadhaar based biometric
could lead to the linkage of In December 2021, Parliament passed the when compared to other IDs. authentication had a 12% error rate. This led reviewing the Aadhaar architecture, held that Link-up: Women show
Aadhaar’s “demographic” Election Laws (Amendment) Act, 2021 to But these reasons do not suffice the the Supreme Court to hold in Puttaswamy the use of biometric based authentication and their Aadhaar cards before
information with voter ID amend the Representation of the People Act, mandating of Aadhaar except in limited that a person would not be denied of verification, did not lead to the creation of a casting their vote at a
information, and lead to 1950, inter alia. Section 23(4) was inserted in circumstances as per the Puttaswamy benefits in case Aadhaar based “surveillance state”. To address these polling centre in
violation of the right to Visakhapatnam in 2021.
the Representation of the People Act, 1950. judgment. It needs to be considered whether authentication could not take place. This concerns, one needs to have enforceable data
*

privacy and surveillance DEEPAK K. R.

measures by the state. It states that the electoral registration officer such mandatory linkage of Aadhaar with concern is also reflected in the previous protection principles that regulate how
may “for the purpose of establishing the Voter ID would pass the test of being experiences of using Aadhaar to clean authentication data will be used.
identity of any person” or “for the purposes “necessary and proportionate” to the electoral rolls. A similar exercise undertaken
of authentication of entries in electoral roll purpose of de-duplication which is sought to in 2015 in Andhra and Telangana led to the What is the way forward?
of more than one constituency or more than be achieved. In Puttaswamy, one of the disenfranchisement of around 30 lakh voters Even as the amendments have been made and
once in the same constituency” for citizens questions that the Supreme Court explored before the Supreme Court stalled the the EC has launched a campaign for linkage, a
already enrolled, require them to furnish was whether the mandatory linking of process of linkage. writ petition has filed with the Supreme Court
their Aadhaar numbers. Aadhaar with bank accounts was Lastly, civil society has highlighted that challenging the same. It challenges the
To reflect this amendment, in June 2022, constitutional or not. The Court observed linking of the two databases of electoral rolls amendments as being violative of the right to
the government notified changes to the that the mandatory linking of Aadhaar with and Aadhaar could lead to the linkage of privacy. The Supreme Court has transferred
Registration of Electors Rules, 1960. Rule bank accounts was not only for new bank Aadhaar’s “demographic” information with the writ to the Delhi High Court.
26B was added to provide that “every person accounts but also existing ones, failing which voter ID information, and lead to violation of In the meantime, it is important that the
whose name is listed in the roll may intimate the individual will not be able to operate the right to privacy and surveillance government clarifies through correction in
his Aadhar number to the registration their bank account. The Court held that measures by the state. This, however, would Form 6B that the linking is not mandatory and
officer”. Although, the use of discretionary depriving a person of their right to property seem to be the case with the use of any other expedites the enactment of a data protection
language throughout the amendments have for non-linkage fell foul of the test of officially valid document to verify or legislation that allays concerns of
been accompanied by assurances by both proportionality. Even though the situation at authenticate the identity of the voter. This unauthorised processing of personal data
the government and the EC that linkage of hand is slightly different in that other means would leave the EC with the option of held by the government.
the Aadhaar with Voter ID is optional, this of verification and authentication are verifying its information only through The writer is a research fellow at the Centre
does not seem to be reflected in Form 6B allowed if the person does not hold an door-to-door checks. It also needs to be for Applied Law and Technology Research,
issued under the new Rule 26B. Aadhaar, given the wide coverage of noted that the Puttaswamy judgment, after Vidhi Centre for legal policy
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EXPLAINER

The Competition (Amendment) Bill, 2022

Why is an amendment to the already existing Indian Competition Act necessary?

THE GIST
G.S. Bajpai the combination, after which it is anti-competitive agreements only covers
Ankit Srivastava automatically approved. The new Bill seeks entities with similar trades that engage in
to accelerate the timeline from 210 working anti-competitive practices. This ignores
The story so far: The Indian Competition days to only 150 working days with a hub-and-spoke cartels operated at different
Act was passed in 2002, but it came into conservatory period of 30 days for levels of the vertical chain by distributors and
B As the dynamics of the effect only seven years later. The extensions. This will speed up the clearance suppliers. To combat this, the amendment
market changes due to Competition Commission primarily pursues of combinations and increase the broadens the scope of ‘anti-competitive
technological advancements, three issues of anti-competitive practices in importance of pre-filing consultations with agreements’ to catch entities that facilitate
artificial intelligence, and
the market: anti-competitive agreements, the Commission. cartelisation even if they are not engaged in
the increasing importance of
factors other than price,
abuse of dominance and combinations. As identical trade practices.
amendments became the dynamics of the market changes rapidly What is gun-jumping?
necessary to sustain and due to technological advancements, artificial Parties should not go ahead with a What is the amendment to the
promote market intelligence, and the increasing importance combination prior to its approval. If the 'settlements' and 'commitments'
competition. The of factors other than price, amendments combining parties close a notified mechanisms?
long-awaited Bill to amend became necessary to sustain and promote transaction before the approval, or have The new amendment proposes a framework
the Competition Act, 2002, market competition. Therefore, a review consummated a reportable transaction for settlements and commitments for cases
was finally tabled in the Lok committee was established in 2019 which without bringing it to the Commission’s relating to vertical agreements and abuse of
Sabha recently.
proposed several major amendments. The knowledge, it is seen as gun-jumping. The dominance. In the case of vertical agreements
long-awaited Bill to amend the Competition penalty for gun-jumping was a total of 1% of and abuse of dominance, the parties may
B Some of the major Act, 2002, was finally tabled in the Lok the asset or turnover. This is now proposed apply for a ‘commitment’ before the Director
amendments include Sabha recently. to be 1% of the deal value. General (DG) submits the report. ‘Settlement’
allowing the commission to
will be considered after the report is
give an additional waiver of
penalties to an applicant What is the major change in dealing What challenge do combining parties submitted and before the Commission
who discloses the existence with new-age market combinations? face in open market purchases? decides. According to the amendment, the
of another cartel in an Any acquisition, merger or amalgamation There have been several gun-jumping cases Commission's decision regarding the Commission directions, a penalty of
unrelated market, giving the may constitute a combination. Section 5 owing to the combining parties’ inability to commitment or settlement will not be ₹10 crore will be imposed. Additionally, the
Commission authority to currently says parties indulging in merger, defer the consummation of open market appealable after hearing all stakeholders in Commission will develop guidelines
appoint the DG rather than acquisition, or amalgamation need to notify purchases. Many of them argue that the case. The Commission will come out with regarding the amount of penalties for
the Central government the Commission of the combination only on acquisitions involving open market purchase regulations regarding procedural aspects. various competition violations. For an
etc.
the basis of ‘asset’ or ‘turnover’. The new Bill of target shares must be completed quickly, appeal to be heard by the National
proposes to add a ‘deal value’ threshold. It lest the stock value and total consideration What are the other major amendments? Company Law Tribunal (NCLT) against the
B By implementing these will be mandatory to notify the Commission undergo a change. If parties wait for the In the amendment Bill, a provision called Commission’s order, the party will have to
amendments, the of any transaction with a deal value in excess Commission’s clearance, the transaction ‘Leniency Plus’ allows the commission to give deposit 25% of the penalty amount.
Commission should be of ₹2,000 crore and if either of the parties may become unaffordable. an additional waiver of penalties to an
better equipped to handle
has ‘substantial business operations in Similar to the European Union merger applicant who discloses the existence of What next?
certain aspects of the
new-age market and India’. The Commission shall frame regulations, the present amendment Bill also another cartel in an unrelated market, By implementing these amendments, the
transform its functioning to regulations to prescribe the requirements for proposes to exempt open market purchases provided the information enables the Commission should be better equipped to
be more robust. assessing whether an enterprise has and stock market transactions from the Commission to form a prima facie opinion handle certain aspects of the new-age
‘substantial business operations in India’. requirement to notify them to the about the existence of the cartel. Other market and transform its functioning to be
This change will strengthen the Commission in advance. This is subject to noteworthy amendments include the more robust. The proposed amendments
Commission’s review mechanism, the condition that the acquirer does not appointment of the DG by the Commission are undoubtedly needed; however, these
particularly in the digital and infrastructure exercise voting or ownership rights until the rather than the Central government, giving are heavily dependent on regulations that
space, a majority of which were not reported transaction is approved and the same is the Commission greater control. According to will be notified by the Commission later.
earlier, as the asset or turnover values did notified to the Commission subsequently. the Bill, the DG has the power to conduct These regulations will influence the
not meet the jurisdictional thresholds. investigations, including raids. The proposals. Also, the government needs to Kallu_Maama
When business entities are willing to Does the amendment Bill address the Commission will only consider information recognise that market dynamics change
execute a combination, they must inform the issue of Hub-and-Spoke Cartels? filed within three years of the occurrence of constantly, so it is necessary to update laws
Commission. The Commission may approve A Hub-and-Spoke arrangement is a kind of the cause of action. As part of the Bill, regularly.
or disapprove the combination, keeping in cartelisation in which vertically related penalties and penalty guidelines are G. S. Bajpai is the Vice-Chancellor Rajiv
mind the appreciable adverse effect on players act as a hub and place horizontal proposed to be amended. For any false Gandhi National University of Law,
competition that is likely to be caused. The restrictions on suppliers or retailers information filed, a penalty of five crore will Punjab where Ankit Srivastava is Assistant
Commission earlier had 210 days to approve (spokes). Currently, the prohibition on be imposed, and for failure to comply with Professor
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Catalog

Lumpy SKin Disease································································································································································· 1

SC ST list·················································································································································································· 2
Eastern Economic Forum·························································································································································· 3
Rubber Price············································································································································································· 4
Windfall Tax···············································································································································································5
CARA Rules·············································································································································································· 6
Indira Gandhi Urban Employment Guarantee Scheme············································································································· 7
Wikipedia··················································································································································································· 8
Packaging rules········································································································································································· 9
Chile constitution 2·································································································································································· 10
COnversion Therapy LGBTQIA2············································································································································· 11
kerala lokayskut·······································································································································································12
single use plastic····································································································································································· 13
Draft Telecommunication bill··················································································································································· 14
DART NASA············································································································································································ 15
Semicundtor PLI······································································································································································ 16
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The lumpy skin disease
How will the spread of the disease affect the diary industry of India? Are there vaccinations for the vector-borne disease?

Diksha Munjal
THE GIST
EXPLAINER
D
The Mumbai Police have

T
he story so far: The Mumbai Pol- ordered the prohibition of
ice have ordered the prohibition of cattle transportation in the city
cattle transportation in the city to to prevent the spread of the
prevent the spread of the lumpy skin dis- lumpy skin disease (LSD). The
ease (LSD). This means cattle cannot be order came into force on
moved out of the place they are being September 14 and will stay in
raised or transported to marketplaces. The place till October 13. The
order came into force on September 14 disease has killed 127 cattle in
and will stay in place till October 13. The Maharashtra, having spread to
disease has killed 127 cattle in Maharash- 25 districts. The contagious
tra, having spread to 25 districts. The con- viral infection has spread in
tagious viral infection has spread in cattle cattle in more than 10 States
in more than 10 States and Union Territo- and Union Territories so far.
ries so far. Prime Minister Narendra Modi D
informed last week that the Centre and
States are working together to control the Lumpy skin disease is caused
by the lumpy skin disease virus
spread of the disease, which has emerged
which affects the lymph nodes
as a concern for the dairy sector.
of the infected animal, causing
the nodes to enlarge and
What is the lumpy skin disease and appear like lumps on the skin.
how does it spread? The cutaneous nodules, 2–5 cm
Lumpy skin disease is caused by the lumpy in diameter, appear on the
skin disease virus (LSDV), which belongs Bangladesh in July 2019 and then reached tion, which lessened by about three to six spraying insecticides, strengthening active infected cattle’s head, neck,
to the genus capripoxvirus, a part of the India in August that year, with initial cases lakh litres a day. Reports indicate that milk and passive surveillance; spreading aware- limbs, udder, genitalia, and
poxviridae family (smallpox and monkey- being detected in Odisha and West Bengal. production has also gone down in Punjab ness on risk mitigation among all stakehol- perineum. The nodules may
pox viruses are also a part of the same fa- The FAO points out: “The long porous bor- owing to the spread of the disease. Accord- ders involved, and creating large protec- later turn into ulcers and
mily). The LSDV shares antigenic similari- ders between India, Nepal and Bangladesh ing to FAO, the disease threatens the liveli- tion and surveillance zones and eventually develop scabs over
ties with the sheeppox virus (SPPV) and allow for a significant amount of bilateral hoods of smaller poultry farmers signifi- vaccination zones. the skin.
the goatpox virus (GTPV) or is similar in and informal animal trade, including cattle cantly. Notably, farmers in Uttar Pradesh The Union Ministry of Fisheries, Animal
the immune response to those viruses. It is and buffaloes.” This, the UN body says, and Punjab have incurred losses due to Husbandry and Dairying informed that the D
not a zoonotic virus, meaning the disease may have contributed to the spread of LSD cattle deaths and are seeking compensa- ‘Goat Pox Vaccine’ is “very effective” The spread of the disease can
cannot spread to humans. It is a conta- in July-August 2019 between Bangladesh tion from their State governments. against LSD and is being used across affect- lead to “severe” economic
gious vector-borne disease spread by vec- and India. While the 2019 outbreak later ed States to contain the spread. As of the losses according to FAO and
tors like mosquitoes, some biting flies, and subsided, the recent spread in India began How bad is the current spread in first week of September, 97 lakh doses of the World Organisation for
ticks and usually affects host animals like in June this year. India and what is the government vaccination have been administered. The Animal Health (WOAH). The
cows and water buffaloes. According to doing? affected States have put movement bans in disease leads to reduced milk
the United Nations Food and Agriculture Is it safe to consume the milk of The current outbreak started in Gujarat place and are isolating infected cattle and production as the animal
Organisation (FAO), infected animals shed affected cattle? and Rajashthan around July and had buffaloes, spraying insecticides to kill vec- becomes weak and also loses
appetite due to mouth
the virus through oral and nasal secretions Studies say that it has not been possible to spread to Punjab, Himachal Pradesh, An- tors like mosquitoes, with some affected
ulceration. The income losses
which may contaminate common feeding ascertain the presence of viable and infec- daman & Nicobar and Uttarakhand by ear- States such as Maharashtra, Rajasthan,
can also be due to poor
and water troughs. Thus, the disease can tious LSDV virus in milk derived from the ly August. It then spread to Jammu and Delhi, and Uttar Pradesh also setting up growth, reduced draught
either spread through direct contact with infected animal. FAO notes, however, that Kashmir, Uttar Pradesh and Haryana. In dedicated control rooms and helpline power capacity and
the vectors or through contaminated fod- a large portion of the milk in Asia is pro- recent weeks, it was reported in Maharash- numbers to guide farmers whose cattle reproductive problems
der and water. Studies have also shown cessed after collection and is either pas- tra, Madhya Pradesh, Delhi, and Jhark- have been infected. associated with abortions,
that it can spread through animal semen teurised or boiled or dried in order to hand. The virus has infected over 16 lakh In a major breakthrough, two institutes infertility and lack of semen for
during artificial insemination. make milk powder. This process ensures cattle in 197 districts as of September 11. Of of the Indian Council of Agricultural Re- artificial insemination.
LSD affects the lymph nodes of the in- that the virus is inactivated or destroyed. the nearly 75,000 cattle that the disease search (ICAR) have developed an indige- Movement and trade bans after
fected animal, causing the nodes to en- Notably, Joint Director at the Indian Ve- has killed, more than 50,000 deaths, nous vaccine for LSD, which the Centre infection also put an economic
large and appear like lumps on the skin, terinary Research Institute (IVRI) told PTI mostly cows, have been reported from plans to commercialise and roll out in the strain on the whole value
which is where it derives its name from. that it is safe to consume milk from cattle Rajasthan. next three to four months. The vaccine is chain.
The cutaneous nodules, 2–5 cm in diame- infected by LSD, as it is a non-zoonotic dis- The FAO has suggested a set of spread- based on LSD virus samples from cattle in
ter, appear on the infected cattle’s head, ease. “It is safe to consume milk from the control measures for LSD, which involves Ranchi afflicted in the 2019 outbreak and
neck, limbs, udder, genitalia, and peri- infected cattle. There is no problem in the vaccination of susceptible populations experimental trials conducted on animals
neum. The nodules may later turn into ul- quality of milk even if you have it after boil- with more than 80% coverage, movement afflicted in the ongoing 2022 outbreak with
cers and eventually develop scabs over the ing or without boiling,” Mr. Mohanty said. control of bovine animals and quarantin- the vaccine have revealed encouraging re-
skin. The other symptoms include high ing, implementing biosecurity through sults, ICAR and the Ministry of Agriculture
fever, sharp drop in milk yield, discharge What are the economic implications? vector control by sanitising sheds and have stated.
from the eyes and nose, salivation, loss of The spread of the disease can lead to “sub-
appetite, depression, damaged hides, stantial” and “severe” economic losses ac-
emaciation (thinness or weakness) of ani- cording to FAO and the World Organisa-
mals, infertility and abortions. The incuba- tion for Animal Health (WOAH). The
tion period or the time between infection disease leads to reduced milk production
and symptoms is about 28 days according as the animal becomes weak and also loses
to the FAO, and 4 to 14 days according to appetite due to mouth ulceration. The in-
some other estimates. come losses can also be due to poor
The morbidity of the disease varies bet- growth, reduced draught power capacity
ween two to 45% and mortality or rate of and reproductive problems associated
date is less than 10%, however, the report- with abortions, infertility and lack of se-
ed mortality of the current outbreak in In- men for artificial insemination. Movement
dia is up to 15%, particularly in cases being and trade bans after infection also put an
reported in the western part (Rajasthan) of economic strain on the whole value chain.
the country. A risk assessment study conducted by the
FAO based on information available from
What is the geographical distribution 2019 to October 2020 revealed that the
and how did it spread to India? economic impact of LSD for South, East
The disease was first observed in Zambia and Southeast Asian countries “was esti-
in 1929, subsequently spreading to most mated to be up to $1.45 billion in direct
African countries extensively, followed by losses of livestock and production”.
West Asia, Southeastern Europe, and Cen- The current outbreak in India has
tral Asia, and more recently spreading to emerged as a challenge for the dairy sec-
South Asia and China in 2019. As per the tor. India is the world’s largest milk pro-
FAO, the LSD disease is currently endemic ducer at about 210 million tonnes annual-
in several countries across Africa, parts of ly. India also has the largest headcount of
the West Asia (Iraq, Saudi Arabia, Syrian cattle and buffalo worldwide. In Rajas-
Arab Republic), and Turkey. than, which is witnessing the worst impact
The spread in South Asia first affected of LSD , it has led to reduced milk produc-
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EXPLAINER

The process of inclusion/exclusion from the Scheduled Tribes list

What are the new tribal groups on the list? How are they selected? What is the process?

THE GIST
Abhinay Lakshman spellings and pronunciations do not government. After this, the Ministry of traits, traditional characteristics,
result in members of these communities Tribal Affairs, through its own distinctive culture, geographical isolation
The story so far: On September 14, the being left out of the benefits meant for deliberations, examines the proposal, and backwardness. However, in March
Union Cabinet approved a proposal to them. and sends it to the Registrar General of this year the Supreme Court said it
add several tribes to the list of Scheduled Significantly, even as the Union India (RGI). Once approved by the RGI, wanted to fix fool-proof parameters to
Tribes (ST) in States such as Himachal Cabinet has decided to include these the proposal is sent to the National determine if a person belongs to a B On September 14, the
Pradesh, Tamil Nadu, Chhattisgarh and communities under the ST list, this is not Commission for Scheduled Castes or Scheduled Tribe and is entitled to the Union Cabinet approved a
Uttar Pradesh, so that they can avail of the first time they have been categorised National Commission for Scheduled benefits due to the community. It said the proposal to add several
tribes to the list of
benefits meant for STs, including for benefits of reservation. Most of these Tribes, following which the proposal is judiciary was no longer sure about an
Scheduled Tribes in States
reservation. The announcement by communities had been either included in sent back to the Union government, “affinity test” used to sift through distinct such as Himachal Pradesh,
Minister of Tribal Affairs Arjun Munda the list of Scheduled Castes (SC) or Most which after inter-ministerial traits to link a person to a tribe. There is Tamil Nadu, Chhattisgarh
came even as six tribal communities of Backward Classes till now. deliberations, introduces it in the Cabinet the likelihood, it said, that contact with and Uttar Pradesh.
Assam — Adivasi, Chutia, for final approval. other cultures, migration and
Koch-Rajbongshi, Matak, Moran and How is a community added or As for the communities approved for modernisation would have erased the B The inclusion of any
Tai-Ahom — threatened to launch protests removed from SC, ST lists? addition to the list by the Cabinet earlier traditional characteristics of a tribe. An community in the ST/SC list
over an "inordinate delay" in their The process begins at the level of a State last week, a Bill was introduced in apex court Bench of Justices Hemant come into effect only after
inclusion in the ST list. or Union Territory, with the concerned Parliament by the Tribal Affairs Minister Gupta and V. Ramasubramanian referred the President assents to a
government or administration seeking this year, specifying the exclusion of the the question of fixing the parameters to a Bill that amends the
Which communities have been the addition or exclusion of a particular Gond community from the SC list in four larger Bench, pointing out that the issue Constitution (Scheduled
added to the ST list? community from the SC or ST list. The and Rajya Sabha. districts of Uttar Pradesh and moving was a “matter of importance” when it Castes) Order, 1950 and the
The communities approved for inclusion final decision rests with the President’s A State government may choose to them to the ST list. Similarly, another Bill came to issuing caste certificates. Constitution (Scheduled
Tribes) Order, 1950, as is
in the ST list are the Hatti tribe in the office issuing a notification specifying the recommend certain communities for was also introduced by Mr. Munda, to appropriate, after it is
Trans-Giri area of Sirmour district in changes under powers vested in it from addition or subtraction from the list of shift certain communities in Jharkhand How many Scheduled Tribes are passed by both houses.
Himachal Pradesh, the hill tribes of Articles 341 and 342. The inclusion or SCs/STs based on its discretion. This from the SC list to the ST list and add there officially?
Narikoravan and Kurivikkaran of Tamil exclusion of any community in the recommendation may come from studies synonyms and variations in spellings for According to the Scheduled Tribes in
B To establish whether a
Nadu, the Binjhia community in Scheduled Tribes or Scheduled Castes list it commissions like in the case of certain other communities in the ST list. India as revealed in Census 2011, there
community is a Scheduled
Chhattisgarh and the Gond community in come into effect only after the President classifying the Hatti community in are said to be 705 ethnic groups listed as Tribe, the government looks
certain districts of Uttar Pradesh. The assents to a Bill that amends the Himachal Pradesh. Following this, the What is the criteria to begin the Scheduled Tribes under Article 342. Over at several criteria, including
Cabinet has approved the addition of Constitution (Scheduled Castes) Order, proposal to include or remove any process? 10 crore Indians are notified as STs, of its ethnological traits,
several alternative names for already 1950 and the Constitution (Scheduled community from the Scheduled List is To establish whether a community is a which 1.04 crore live in urban areas. The traditional characteristics,
existing Scheduled Tribes in Chhattisgarh Tribes) Order, 1950, as is appropriate, sent to the Union Ministry of Tribal Scheduled Tribe, the government looks at STs constitute 8.6% of the population and distinctive culture etc
and Karnataka so that the difference in after it is passed by both the Lok Sabha Affairs from the concerned State several criteria, including its ethnological 11.3% of the rural population.
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EXPLAINER

The Eastern Economic Forum and India’s balancing act

What are the benefits of investing in the Russian Far East? Which all countries are currently investing in the region?

THE GIST
Avishka Ashok agricultural production and fisheries. In abundance and availability of materials,
2017, the Export-Import Bank of Korea and procuring and supplying them is an issue
The story so far: Russia hosted the seventh the Far East Development Fund announced due to the unavailability of personnel.
Eastern Economic Forum (EEF) Vladivostok their intention to inject $2 billion in the RFE The RFE is geographically placed at a
from September 5 to 8. The four-day forum in a span of three years. strategic location; acting as a gateway into
B The Eastern Economic is a platform for entrepreneurs to expand Japan is another key trading partner in Asia. The Russian government has
Forum was established in their businesses into Russia’s Far East (RFE). the Far East. In 2017, Japanese investments strategically developed the region with the
2015 to encourage foreign
through 21 projects amounted to $16 billion. aim of connecting Russia to the Asian
investments in Russia’s Far
East. As of 2022, almost What is the Eastern Economic Forum? Under Shinzo Abe’s leadership, Japan trading routes. With the fast modernisation
2,729 investment projects The EEF was established in 2015 to identified eight areas of economic of cities like Vladivostok, Khabarovsk,
are being planned in the encourage foreign investments in the RFE. cooperation and pushed private businesses Ulan-Ude, Chita and more, the government
region. The EEF displays the economic potential, to invest in the development of the RFE. aims to attract more investments in the
suitable business conditions and investment Japan seeks to depend on Russian oil and gas region. Russia is trying to attract the Asian
B During the forum, Prime opportunities in the region. Agreements resources after the 2011 meltdown in economies in investing and developing the
Minister Narendra Modi signed at the EEF increased from 217 in 2017 Fukushima which led the government to pull far east. The Ukraine war is a worrying issue
expressed the country’s to 380 agreements in 2021, worth 3.6 trillion out of nuclear energy. Japan also sees a as it affects the economic growth of the
readiness in expanding roubles. As of 2022, almost 2,729 investment market for its agro-technologies which have country. However, Russia believes that it can
trade, connectivity and projects are being planned in the region. The the potential to flourish in the RFE, given survive the economic crisis and the
investments in Russia. India agreements focus on infrastructure, similar climatic conditions. However, the sanctions with the help of China and other
is keen to deepen its
transportation projects, mineral excavations, momentum of trade that existed with Shinzo Asian powers.
cooperation in energy,
pharmaceuticals, maritime
construction, industry and agriculture. Abe was lost with the leadership of Although, the EEF is an annual gathering,
connectivity, healthcare, Yoshihide Suga and Fumio Kishida. The the forum comes at an opportune time for
tourism, the diamond Who are the major actors in the trade ties between Japan and Russia are Russia who is dealing with the impact of the
industry and the Arctic. Forum? What are their interests? hindered by the Kuril Islands dispute as they sanctions. Moreover, the coming together of
This year, the Forum aimed at connecting are claimed by both countries. countries like Myanmar, Armenia, Russia,
B India has vested interests the Far East with the Asia Pacific region. India seeks to expand its influence in the and China seems like the forming of an
in both the EEF and the China is the biggest investor in the region as RFE. During the forum, Prime Minister anti-sanctions group in the international
Indo-Pacific Economic it sees potential in promoting the Chinese Narendra Modi expressed the country’s order.
Framwork and has worked Belt and Road Initiative and the Polar Sea readiness in expanding trade, connectivity
towards balancing its Route in the RFE. China’s investments in the and investments in Russia. India is keen to Will India be able to achieve a balance
involvement. The IPEF is a region account for 90% of the total deepen its cooperation in energy, between the EEF and the Indo-Pacific
vital platform for India to investments. Russia has been welcoming pharmaceuticals, maritime connectivity, Economic Framework for Prosperity
strengthen its presence in
Chinese investments since 2015; more now healthcare, tourism, the diamond industry (IPEF)?
the Indo-Pacific region.
than ever due to the economic pressures and the Arctic. The U.S.-led Indo-Pacific Economic
caused by the war in Ukraine. The In 2019, India also offered a $1 billion line Framework for Prosperity (IPEF) and the
Trans-Siberian Railway has further helped of credit to develop infrastructure in the EEF are incomparable based on its
Russia and China in advancing trade ties. region. Through the EEF, India aims to geographic coverage and the partnership Comprehensive and Progressive Agreement
The countries share a 4000-kilometer-long establish a strong inter-state interaction with with the host-countries. India has vested for Trans-Pacific Partnership .
border, which enables them to tap into each Russia. Business representatives of Gujarat interests in both the forums and has worked The IPEF will also play a key role in
other’s resources with some infrastructural and the Republic of Sakha have launched towards balancing its involvement. India has building resilient supply chains. India’s
assistance. China is also looking to develop agreements in the diamond and not shied away from investing in the participation in the forum will help in
its Heilongjiang province which connects pharmaceuticals industry. Russia-initiated EEF despite the current disengaging from supply chains that are
with the RFE. China and Russia have international conditions. dependent on China and will also make it a
invested in a fund to develop northeastern What does the EEF aim for? At the same time, India has given its part of the global supply chain network.
China and the RFE, through collaborations The primary objective of the EEF is to confirmation and acceptance to three of the Additionally, the IPEF partners will act as
on connecting the cities of Blagoveshchensk increase the Foreign Direct Investments in four pillars in the IPEF. The country new sources of raw material and other
and Heihe via a 1,080 metre bridge, the RFE. The region encompasses one-third understands the benefits of being involved in essential products, further reducing India’s
supplying natural gas, and a rail bridge of Russia’s territory and is rich with natural the development in the RFE but it also reliance on China for raw materials.
connecting the cities of Nizhneleninskoye resources such as fish, oil, natural gas, perceives the IPEF as a vital platform to Although, Mr. Modi has refrained from full
and Tongjiang. wood, diamonds and other minerals. The strengthen its presence in the Indo-Pacific participation in the trade pillar of the IPEF, it
Besides China, South Korea has also been sparse population living in the region is region. The IPEF also presents an ideal does not signify an end to India’s role in the
gradually increasing its investments in the another factor for encouraging people to opportunity for India to act in the region, forum.
region. South Korea has invested in move and work in the Far East. The region’s without being part of the China-led Regional Avishka Ashok is a Research Associate at
shipbuilding projects, manufacturing of riches and resources contribute to five per Comprehensive Economic Partnership or the National Institute of Advanced Studies,
electrical equipment, gas-liquefying plants, cent of Russia’s GDP. But despite the other regional grouping like the Bangalore
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EXPLAINER

The fall in natural rubber prices in India

Why are natural rubber farmers protesting against the government? What has led to the decline in prices?

THE GIST
Hiran Unnikrishnan respectively. The production of the material
improved by 8.4%, to 7,75,000 tonnes,
The story so far: After a moderate during 2021-22 compared to 7,15,000 tonnes
post-pandemic revival, the price of natural in the previous year. An increase in yield,
rubber (NR) has crashed to a 16-month low tappable area and area tapped during the
B After a moderate of ₹150 per kg (RSS grade 4) in the Indian year contributed to the rise in production.
post-pandemic revival, the market. The price of latex, which soared CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC
price of natural rubber (NR)
during the pandemic due to huge demand
has crashed to a 16-month The impact of the price fall is felt
low of ₹150 per kg (RSS
from glove makers, took a more severe
drubbing with its prices rolling down below more in the rural areas, where most
grade 4) in the Indian
₹120. With the impact of the falling prices people are solely dependent on
market. Under the aegis of
the National Consortium of beginning to reflect in their daily lives as well rubber cultivation and have no other
Regional Federations of as the local economy, the growers are up in option but to cut expenses
Rubber Producer Societies arms against the authorities for their
India, a day-long sit-in perceived delay in checking the slide. Under On the demand side, the domestic
protest was staged in front the aegis of the National Consortium of consumption rose by 12.9%, to 12,38,000
of the Rubber Board
headquarters in Kottayam,
Regional Federations of Rubber Producer tonnes in 2021-22 from 10,96,410 tonnes in
Kerala, last week. Societies India, an umbrella organisation for the previous year. The auto-tyre
rubber growers, a day-long sit-in protest was manufacturing sector accounted for 73.1% of
staged in front of the Rubber Board the total quantity of natural rubber
B The current fall in prices
headquarters in Kottayam, Kerala, last week. consumption. Import of the material,
is attributed primarily to a
weak Chinese demand and meanwhile, increased to 5,46,369 tonnes
the European energy crisis, What has caused the sharp fall in from 4,10,478 tonnes.
along with high inflation prices?
and an import glut, among The current fall in prices is attributed How does the falling price affect the
other things. primarily to a weak Chinese demand and the growers?
European energy crisis, along with high The turnaround has exposed the growers —
B The Rubber Board inflation and an import glut, among other mostly small and medium scale — to a
professes to be relatively things. While the unremitting zero COVID painful reckoning, contributing to
sanguine as it regards the strategy in China, which consumes about wide-spread panic in Kerala, which accounts
price fluctuation as cyclical 42% of the global volume, has cost the for nearly 75% of the total production. The * H. VIBHU
and rests its hopes on the industry dearly, analysts have also flagged precipitous plunge in prices coupled with natural rubber, by either 25% or ₹30 per kg, government to hike the support price for the
projections of a remarkable the acceleration of imports. high costs have also left them staring at an whichever is lower. material to ₹200, P.C. Thomas, working
shortage of rubber seven
The domestic tyre industry, according to uncertain future, forcing some to stop Its demands to the state government are chairman of the Kerala Congress, called for
years from now.
them, is sitting pretty on an ample production for the time being. to raise the replanting subsidy in Kerala, the constitution of a special fund to support
inventory, especially in the form of block The impact of the price fall is felt more in which remains at ₹25,000 per ha, and the the growers. Sensing trouble, the Bharatiya
rubber from the Ivory Coast and the rural areas, where most people are solely support price of the crop under the price Janata Party, which governs the Centre and
compounded rubber from the Far East. dependent on rubber cultivation and have stabilisation scheme to ₹200 from ₹170. is responsible for the policy decisions on NR,
no other option but to cut expenses. This has appealed against turning rubber into a
Where does India stand in terms of the has caused a sluggishness in the respective What are the other implications of ‘political crop’.
production and consumption of local economies, which also coincided with falling rubber prices in Kerala?
natural rubber? the festive season in Kerala. As ripple effects of the price crash slowly How is the Rubber Board reacting?
India is currently the world’s fifth largest If a reversal in prices seem distant, the unfold in the local economy, the issue has Amidst all the gloom, the Rubber Board
producer of natural rubber while it also trend may also trigger a crop switch or even also assumed a new dimension in the professes to be relatively sanguine as it
remains the second biggest consumer of the a fragmentation of the rubber holdings in Central Travancore districts — a political regards the price fluctuation as cyclical and
material globally. (About 40% of India’s total the long run. landscape crystallised through the anguish rests its hopes on the projections of a
natural rubber consumption is currently met and anger among the rubber farmers over remarkable shortage of rubber seven years
through imports) What do the farmers demand? the past several decades. Expectedly, the from now due to slow replanting in place of
A latest report by the Rubber Board has The key demands they have raised to the sparring Kerala Congress factions were the old trees in existing plantations. The agency,
projected the natural rubber production and Union government include raising the first to take up the cudgels on their behalf. for the time being, is said to be also working
consumption in India during 2022-23 as import duties on latex products and While Jose K. Mani, chairman of the on a set of programmes to arrest the
8,50,000 tonnes and 12,90,000 tonnes compound rubber to make it on par with Kerala Congress (M) has urged the Kerala free-falling of prices.
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EXPLAINER

Understanding windfall tax

Why has the Union government introduced such a tax recently? What are the benefits of imposing this tax?

THE GIST
Diksha Munjal expense of consumers, to funding social believed were reaping the benefits of the surprises in the tax system.” German
welfare schemes, and as a supplementary high oil prices. It also imposed an economist Andreas Peichl told Reuters
The story so far: Finance Minister revenue stream for the government. additional excise levy on diesel, petrol that such taxes are populist and
Nirmala Sitharaman on September 2, The Central government on July 1, and air turbine fuel (ATF) exports. Also, politically opportune in the short term.
defended the windfall tax imposed by the introduced a windfall profit tax of India’s case was different from other The International Monetary Fund
Centre on domestic crude oil producers, ₹23,250 per tonne on domestic crude oil countries, as it was still importing (IMF), which released an advice note on B Windfall taxes are
designed to tax the profits a
saying that it was not an ad hoc move but production, which was subsequently discounted Russian oil. Sources told The how windfall taxes need to be levied also company derives from an
was done after full consultation with the revised fortnightly four times so far. The Hindu Business Line that the windfall tax said that taxes in response to price surges external, sometimes
industry. latest revision was on August 31, when it was targeted mainly at Reliance may suffer from design problems—given unprecedented event — for
was hiked to ₹13,300 per tonne from Industries Ltd and Russian oil major their expedient and political nature. It instance, the energy
What is a windfall tax? ₹13,000. Ms. Sithraman explained the Rosneft-backed Nayara Energy, who the added that “introducing a temporary price-rise as a result of the
Windfall taxes are designed to tax the introduction of the windfall tax as a way government believed were making a windfall profit tax reduces future Russia-Ukraine conflict.
profits a company derives from an to rein in the “phenomenal profits” made killing on exporting large volumes of fuel investment because prospective investors
external, sometimes unprecedented by some oil refiners who chose to export made from discounted Russian oil at the will internalise the likelihood of potential B In early August, Antonio
event — for instance, the energy price-rise fuel to reap the benefits of skyrocketing cost of the domestic market. Analysts also taxes when making investment Guterres, the United Nations
as a result of the Russia-Ukraine conflict. global prices which affected domestic A refinery of Reliance Industries at saw the windfall tax as a way for the decisions”. Secretary-General, sharply
These are profits that cannot be supplies. Jamnagar, Ahmedabad. AFP *
Centre to narrow the country’s widened There is another argument about what criticised the “grotesque
attributed to something the firm actively trade deficit. exactly constitutes true windfall profits; greed” of big oil and gas
companies for making
did, like an investment strategy or an Why are countries levying windfall profits. how can it be determined and what level
record profits from the
expansion of business. The U.S. taxes now? In early August, Antonio Guterres, the What are the issues with imposing of profit is normal or excessive. A CRS global energy crisis on the
Congressional Research Service (CRS) Prices of oil, gas, and coal have seen United Nations Secretary-General, such taxes? report, for instance, argues that if rapid back of the world’s poorest
defines a windfall as an “unearned, sharp increases since last year and in the sharply criticised the “grotesque greed” Analysts say that companies are increases in prices lead to higher profits, people. He urged all
unanticipated gain in income through no first two quarters of the current year, of big oil and gas companies for making confident in investing in a sector if there in one sense it can be called true governments to tax these
additional effort or expense”. although they have reduced recently. record profits from the global energy is certainty and stability in a tax regime. windfalls as they are unforeseeable but excessive profits.
Governments typically levy this as a Pandemic recovery and supply issues crisis on the back of the world’s poorest Since windfall taxes are imposed on the other hand, companies may argue
one-off tax retrospectively over and resulting from the Russia-Ukraine conflict people. He said it was “immoral” that the retrospectively and are often influenced that it is the profit they earned as a B Analysts say that
above the normal rates of tax. One area shored up energy demands, which in largest energy companies in the first by unexpected events, they can brew reward for the industry’s risk-taking to companies are confident in
where such taxes have routinely been turn have driven up global prices. The quarter of the year made combined uncertainty in the market about future provide the end user with the petroleum investing in a sector if there
discussed is oil markets, where price rising prices meant huge and record profits of close to $100 billion. The UN taxes. Stuart Adam, a senior economist at product. Another issue is who should be is certainty and stability in a
fluctuation leads to volatile or erratic profits for energy companies while chief urged all governments to tax these the Institute for Fiscal Studies in London, taxed — only the big companies tax regime. Since windfall
profits for the industry. There have been resulting in hefty gas and electricity bills excessive profits “and use the funds to told Deutsche Welle (DW) that he isn’t responsible for the bulk of high-priced taxes are imposed
retrospectively and are
varying rationales for governments for households in major and smaller support the most vulnerable people keen on such taxes. “It’s better to say in sales or smaller companies as well—
influenced by unexpected
worldwide to introduce windfall taxes, economies. Since the gains stemmed through these difficult times.” advance how much tax you are going to raising the question of whether events, they can brew
from redistribution of unexpected gains partly from external change, multiple In July, India announced a windfall tax levy in different circumstances and then producers with revenues or profits below uncertainty in the market.
when high prices benefit producers at the analysts have called them windfall on domestic crude oil producers who it do it rather than creating sudden one-off a certain threshold should be exempt.
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EXPLAINER

The tedious process of adoption

What laws determine adoption rules in India? Why is referring cases to District Magistrates cause for concern?

THE GIST
Jagriti Chandra several months will have to be transferred court order is sufficient to obtain irrevocable
and the process will have to start afresh. A adoption rights. But there are no rules for
The story so far: From September 1, petition for adoption orders is filed after a monitoring adoptions and verifying sourcing
District Magistrates (DM) have been parent registers for adoption, who is then of children and determining whether
empowered to give adoption orders instead assessed through a home study report, parents are fit to adopt.
B From September 1, of courts. All cases pending before courts referred a child and subsequently allowed to There are many problems with the
District Magistrates (DM)
have to be now transferred. Hundreds of take a child in pre-adoption foster care adoption system under CARA but at the
have been empowered to
give adoption orders instead adoptive parents in the country are now pending an adoption order. A delay in such heart of it is the fact that there are very few
of courts. All cases pending concerned that the transfer process will an order can often mean that a child can't children in its registry. According to the
before courts have to be further delay what is already a long and get admission into a school because parents latest figures there are only 2,188 children in
now transferred. tedious process. There are questions don't yet have a birth certificate, or like in the adoption pool, while there are more
whether an order passed by the executive one case, parents unable to claim health than 31,000 parents waiting to adopt a child
B The revised rules have will pass muster when an adopted child’s insurance if a child is admitted to a hospital. which forces many to wait for upto three
parents, activists, lawyers entitlements on succession and inheritance The Central Adoption Resource Authority years to be able to give a family to a child.
and adoption agencies are contested before a court. (CARA) says there are nearly 1,000 adoption This allows traffickers to take advantage of
worried as cases already cases pending before various courts in the loopholes in HAMA. These concerns were
before courts for the past What do the amended rules say? How country. Parents and lawyers also state that also highlighted by a Parliamentary panel in
several months will have to did they come about? neither judges, nor DMs are aware about the August in its report on the "Review of
be transferred and the The Parliament passed the Juvenile Justice change in the JJ Act leading to confusion in Guardianship and Adoption Law", which
process will have to start
afresh. The Central
(Care and Protection of Children) the system and delays. According to CARA, recommended a district-level survey of
Adoption Resource Amendment Bill, 2021 in July last year in the Ministry of Women and Child orphaned and abandoned children.
Authority says there are order to amend the Juvenile Justice Act ( JJ Development is drafting a letter to be sent to According to Nilima Mehta, what is
nearly 1,000 adoption cases Act), 2015. The key changes include State governments clarifying that where needed is a “child-centric, optional, enabling
pending before various authorising District Magistrates and adoption orders have already been given, or and gender-just” special adoption law like in
courts in the country. Additional District Magistrates to issue will be given shortly, the DMs should other countries. “HAMA is a parent-centric
adoption orders under Section 61 of the JJ consider them valid. But there are also larger law that provides son to the son-less for
B Adoptions in India are Act by striking out the word “court”. This concerns. reasons of succession, inheritance,
governed by two laws — the was done “in order to ensure speedy "District Magistrates don't handle civil continuance of family name and for funeral
Hindu Adoption and disposal of cases and enhance matters that bestow inheritance and rights and later adoption of daughters was
Maintenance Act, 1956 accountability,” according to a government succession rights on a child. If these rights incorporated because kanyadaan is
(HAMA) and the Juvenile statement. The District Magistrates have also are contested when a child turns 18, a considered an important part of dharma in
Justice Act, 2015.
been empowered under the Act to inspect judicial order is far more tenable to ensure Hindu tradition. As far as the JJ Act is
child care institutions as well as evaluate the the child is not deprived of his or her concerned, the law handles issues of
functioning of district child protection units, entitlements." says Nilima Mehta, former children in conflict with law as well as those
child welfare committees, juvenile justice Chairperson, Child Welfare Committee, who are in need of care and protection and
boards, specialised juvenile police units, Mumbai. only has a small chapter on adoptions,” Dr.
child care institutions etc. Mehta explains.
The Act and the corresponding rules What is the adoption procedure in In 2015, the then Minister for Women and
came into effect from September 1. The India? What are the challenges? Child Development Maneka Gandhi
amendments to the Juvenile Justice (Care Adoptions in India are governed by two laws centralised the entire adoption system by
and Protection of Children) Model Rules, — the Hindu Adoption and Maintenance Act, empowering CARA to maintain in various
2016 say, “all the cases pertaining to 1956 (HAMA) and the Juvenile Justice Act, specialised adoption agencies, a registry of “Yes, there was a need to check
adoption matters pending before the Court 2015. Both laws have their separate eligibility children, prospective adoptive parents as malpractices and improve monitoring. But
shall stand transferred to the District criteria for adoptive parents. well as match them before adoption. This in the new system the soul in adoption is
Magistrate from the date of commencement Those applying under the JJ Act have to was aimed at checking rampant corruption gone. The human contact, bonding and
of these rules.” register on CARA’s portal after which a and trafficking as child care institutions and psychological preparedness has been taken
specialised adoption agency carries out a NGOs could directly give children for away. Therefore, parents may look at other
Why is there concern over the revised home study report. After it finds the adoption after obtaining a no-objection ways to adopt a child.” One other dangerous
rules? candidate eligible for adoption, a child certificate from CARA. But the new system repercussion of this is that in the past few
The revised rules have parents, activists, declared legally free for adoption is referred has failed in ensuring that more children in years, there is an increasing number of
lawyers and adoption agencies worried as to the applicant. Under HAMA, a “dattaka need of families are brought into its safety disruptions and dissolutions, where children
cases already before courts for the past hom” ceremony or an adoption deed or a net. are returned after an adoption is formalised.
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EXPLAINER

The Indira Gandhi Urban Employment Guarantee Scheme in Rajasthan

How is this initiative different from the MGNREGA for villagers? What are some of the similar schemes being implemented in other States?

THE GIST
Mohammed Iqbal 2022-23. At least 50 persons in each ward have been issued for the work, the wages jobs provided under the scheme will be
of urban local bodies will be given will be paid at the rate of ₹259 a day to different than those in the rural areas and
The story so far: The Indira Gandhi employment and the work permitted unskilled labourers and ₹283 a day to will need a more skilled workforce. The
Urban Employment Guarantee Scheme under the scheme will be approved and skilled labourers. The 'mates' or scheme may turn out to be a game
has rolled out in Rajasthan with the executed through committees at the supervisors on top of the labourers will get changer for the people who lost their jobs
objective of providing economic support State, district and local body levels. The ₹271 a day. Livelihood rights activists feel in the pandemic and are struggling to B The Indira Gandhi Urban
to the poor and needy families living in State government will also reward the that though the scheme would help reduce make ends meet amid high inflation. Employment Guarantee
the cities through work to be provided on municipal bodies doing good work under distress among the urban population, the Scheme has rolled out in
Rajasthan with the objective
demand for 100 days in a year. The the scheme. The cost of material and the ultimate test of its success will be to ensure Are similar schemes operative in of providing economic
Congress government has touted it as the payment for the labour for work of that it improves the wage rate in the labour other States? support to the poor and
country's biggest scheme to give general nature will be in the ratio of 25:75 market, which was one of the major The Rajasthan government has prepared needy families living in the
guaranteed jobs to the people residing in and will vary for special work which contributions of MGNREGA. the employment guarantee programme cities through work to be
cities, on the lines of the Mahatma needs technical expertise. The State after studying similar such schemes provided on demand for
Gandhi National Rural Employment government’s Department of Local What will be its political implications? operative in other States. Several States 100 days in a year.
Guarantee Act (MGNREGA) for villagers Bodies will be responsible for the The launch of the scheme in Jaipur on The Congress government has tried to are looking favourably towards an urban
started by the UPA government at the scheme’s implementation. September 9. PTI
*
reach out to large sections of the version of MGNREGA. These schemes B Those in the age group of
Centre in 2006. population with the launch of the scheme include the Ayyankali Urban 18 to 60 years residing
What are the categories of tasks? service-related works. and has sought to make an emotional Employment Guarantee Scheme in within the limits of urban
Who are eligible to get jobs? The tasks to be carried out under the As part of convergence, the people connect by naming it after the former Kerala, Urban Wage Employment local bodies are eligible to
Those in the age group of 18 to 60 years scheme have been clubbed mainly under engaged under the employment Prime Minister Indira Gandhi. While Initiative under UNNATI in Odisha, demand and get
employment in the
residing within the limits of urban local eight heads. The first is environment guarantee scheme can be employed experts have opined that the labour force Mukhya Mantri Shramik Yojana in
identified segments.
bodies are eligible to demand and get protection, which will involve tree elsewhere in other schemes, already participation rate's gap between the rural Jharkhand and Mukhya Mantri Yuva
employment in the identified segments. plantation at public places, maintenance having a material component, which and urban areas is widening, a few other Swabhiman Yojana in Madhya Pradesh.
There is no income limit, though the of parks and watering plants on footpaths require the labour. Eligible people will get schemes, including the payment of The demand for a job guarantee B The initiative may benefit
poor and destitute people, especially and dividers. The next is water work such as tree plantation, cleaning unemployment allowance, are already scheme in the cities is increasing because the ruling Congress in the
run-up to the 2023 State
those who lost their livelihood during the conservation, where the tasks may be ponds, collecting garbage from door to operative in the State. The latest initiative of the growing distress among the urban
Assembly election, as the
pandemic, will be given preference. More allotted for cleanliness and improvement door and segregating it and catching stray may benefit the ruling Congress in the poor, higher unemployment rates in party will highlight it as a
than 3.5 lakh people across the State have of ponds, lakes and stepwells, animals. Apart from all these categories, run-up to the 2023 State Assembly election, urban areas in comparison with villages, major step to address the
got themselves registered under the construction, repair and cleaning of rain the State government can add new tasks as the party will highlight it as a major step the persistently high inflation affecting plight of urban poor.
scheme so far and job cards have been water harvesting structures and or amend the ones already included in to address the plight of urban poor, which the people and the prevalence of
issued to 2.25 lakh of them. restoration of water sources. Other the list. A Jan Aadhar card, introduced by had not received much attention earlier. low-wage and poor quality informal work
A budgetary provision of ₹800 crore, categories are heritage conservation, the State government, or its registration The identification of unemployed youths in in urban areas. Moreover, as against the
announced by Chief Minister Ashok removal of encroachments and illegal slip will be required for registration, urban areas may require an approach rural unemployment being mostly
Gehlot in the State Assembly earlier this boards, hoardings and banners, stopping which can be done at e-Mitra centres. different from the one adopted in the seasonal, unemployed people in the
year, has been made for the scheme in defacement of property and While more than 31,000 muster rolls villages for MGNREGA. Besides, the kind of cities face problems throughout the year.
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EXPLAINER

Content moderation on Wikipedia

What are the mechanisms Wikipedia uses to ensure that users do not have unrestricted editorial privilege?

THE GIST
Trishee Goyal the page to vandalism, disruption and abuse. administrators are in a position to exercise
To implement this system of protection, considerable power because they can take
The story so far: On Tuesday, India Wikipedia classifies users depending on the decisions of blocking users or reversing edits
summoned officials of Wikipedia, in edit rights that they have. For example, one in some circumstances, which can have
response to cricketer Arshdeep Singh’s of the highest levels of protection that can be content moderation implications.
B India has summoned
Wikipedia page being edited with misleading accorded to a page is “full protection”. This
officials of Wikipedia, in
response to cricketer
information that stated he was a means that only those users (called Therefore, can the Wikimedia
Arshdeep Singh’s Wikipedia “khalistani”. This was done by online trolls administrators) that have been given full edit Foundation be held responsible for the
page being edited with after Arshdeep Singh dropped a catch in rights (as per Wikipedia community review content that Wikipedia hosts?
misleading information that India’s match against Pakistan. The Minister process) can make modifications. A slightly There is no settled position on this.
stated he was a “khalistani”. of State for Electronics and IT, Rajeev lower level of protection is “semi Typically, the architecture of Wikipedia is
Chandrashekhar tweeted that “no protection”. “Semi protected” pages cannot that of an intermediary i.e. it hosts content
B To increase Wikipedia’s intermediary operating in India can permit be edited by unregistered users. Another generated by its users. Under most laws
reliability and also to this type of misinformation” as it violated category of protection is “pending changes”, regulating online content, intermediaries are
prevent vandalism and the government’s expectation of a safe and which means that changes made will not be endowed with immunity from the user
disruptive edits, there are trusted internet. To determine the role and reflected on the page unless the changes are generated content they host, provided they
restrictions on edits to the liability of the Wikimedia Foundation (the accepted by an editor with those rights. maintain some due diligence over their
content that Wikipedia owner of Wikipedia), in such instances, it is Second, given that edit rights are platforms. Intermediaries are afforded this
hosts. One of these
important to understand how content on the widespread there have been instances of immunity because first, the sheer volume of
restrictions is to allow
certain “protections” to be platform is moderated. “content disputes” and “edit warring”. content generated makes it impossible to
accorded to particular Content disputes occur when editors monitor this content and second, being
articles. An article may have What is Wikipedia and its model for disagree with each other’s content. This personally responsible for user content
varying degree of protection functioning? could also lead to edit warring where editors would inundate them in legal battles making
depending on the Since its inception in 2001, Wikipedia has repeatedly override each other’s operations at that scale infeasible.
vulnerability of the article become a household name. It describes itself contribution in a specific page. In such In previous challenges to content on
to vandalism, disruption and as a “multilingual free online encyclopedia circumstances also, administrators can Wikipedia, there have been rulings that the
abuse.
written and maintained by a community of provide temporary or permanent protection Wikimedia Foundation does not own the
volunteers through open collaboration and a to a page to prevent edits. content, and does not have the legal
B In the case of social wiki-based editing system”. Unlike However, most of the individuals that responsibility for it. However, administrators
media platforms, platform traditional encyclopedias that have entries perform tasks for Wikipedia such as those or editors have taken heed of the content
owners such as Meta or from pre-identified authors, all of holding the designation of bureaucrats, concerns arising out of the situation and
Twitter are responsible for
Wikipedia’s encyclopedic content is user administrators or other editors with varying have made suitable edits. In case volunteer that is “patently false and untrue, and is The Wikipedia Monument
exercising due diligence in
content moderation through generated. This means that anyone can levels of edit rights are not employees of editors do not make suitable edits, written or published in any form, with the in Słubice, Poland. CC BY-SA
*

individuals on their payroll. contribute to its pool of knowledge by Wikimedia. These individuals gain such Wikimedia, as per its terms of use states that intent to mislead or harass a person, entity 4.0

However, in Wikipedia, the making edits to existing pages for updation designations and exercise attendant rights it can “contribute, monitor or delete or agency for financial gain or to cause any
situation is slightly different or correction and can even add new pages. through a community review process. content” for legal compliance. Therefore, it injury to any person”. Therefore, in the
given that content While this model has its advantages in so Essentially, the more the trust they gain from is arguable that since Wikimedia can Indian context, even if the Wikimedia
moderation decisions are far that it allows democratisation of the Wikipedia community, the greater is exercise such power, it can be held Foundation does not own the information
not taken by employees. knowledge,unhindered access to edit has their degree of editorial responsibility. They responsible for illegal content being hosted hosted on Wikipedia, once Wikimedia
also resulted in concerns relating to the are not given or removed from a particular on Wikipedia. Foundation has “actual knowledge” of such
reliability of information that it hosts. designation by the Wikimedia Foundation content being hosted on its platform, it
per se. What can the Indian government do if would be held responsible for the same.
Are there no control mechanisms for Although Wikimedia’s terms of use state it is aggrieved by content on In the context of the IT Rules, 2021 “actual
content on Wikipedia? that it “generally does not contribute, Wikipedia? knowledge” occurs when an intermediary
Even though majority of the content is user monitor or delete content” there are ways in In India, for intermediaries to claim the “safe has been notified by either a court order or
generated, the Wikimedia Foundation has which the Wikimedia Foundation exerts harbour” of not being responsible for the through an order of the appropriate agency
instituted some content moderation control over Wikipedia. First, the Wikimedia content they host, under Section 79 of the demanding removal of the offending
practices. Foundation legally controls the servers on Information Technology Act, 2000, they content. In this case while neither has
First, to increase its reliability and also to which Wikipedia’s content is hosted. This must abide by due diligence requirements happened, Wikipedia administrators and
prevent vandalism and disruptive edits, over means that even though they do not have under the Act and its Rules. As per the editors have removed the distortion from
time restrictions have been placed on edits ownership of the user generated content Information Technology (Intermediary Arshdeep Singh’s page and granted it certain
to the content that Wikipedia hosts. One of hosted on Wikipedia, they are in control of Guidelines and Digital Media Ethics Code) protection such that only “trusted editors”
these restrictions is to allow certain the user activity information generated on Rules, 2021, there are certain categories of can edit the page.
“protections” to be accorded to particular the servers. Second, Wikimedia Foundation information that an intermediary should not Trishee Goyal is a research fellow at the
pages. A page may have varying degree of also exercises control on who the “system allow to be hosted or uploaded on its Centre for Applied Law and Technology
protection depending on the vulnerability of administrators” of Wikipedia are. System platform. One such category is information Research, Vidhi Centre for legal policy
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EXPLAINER

The mandatory requirements for packaged commodities

Why is it necessary to list out the constituents of a product on the front packaging?

THE GIST
G.S. Bajpai What are the proposed should be declared on the package’s front
Sangeeta Taak amendments? side along with the brand name.
As many blended food and cosmetic Currently, manufacturers list the
The story so far: The Department of products are sold on the market, the key ingredients and nutritional information
Consumer Affairs, Legal Metrology constituents need to be mentioned on the only on the back of the packaging.
Division has notified a draft amendment product packaging. It is common for The proposed Section 6(1)(ba) states B The Department of
to the Legal Metrology (Packaged consumers to assume that brands’ claims that when a commodity contains more Consumer Affairs, Legal
Commodities) Rules 2011. As stated in the are accurate, but such claims are usually than one constituent, the front side of the Metrology Division has
notification, the Department of misleading. Additionally, the front side of package must include a declaration of notified a draft amendment
to the Legal Metrology
Consumer Affairs Legal Metrology the package must contain the percentage two or more of the commodities’ prime
(Packaged Commodities)
Division has observed that many of the composition of the unique selling constituents along with the brand name. Rules 2011.
manufacturers/packagers/importers do proposition (USP). As the name suggests, This declaration must also include the
not clearly label necessary declarations a USP also known as a unique selling percentage/quantity of the USPs of the
or prime constituents on the front of point, is a marketing strategy designed to product in the same font size as the B The Department of
Consumer Affairs has
packaged commodities, which are inform customers about the superiority declaration of the USPs. However, suggested that at least two
deemed essential to be disclosed in order of one’s own brand or product. Listing mechanical or electrical commodities are prime components should
CC BY-SA 4.0
to protect consumer interests. the USP of a product on the front of the excluded from this sub-rule.
*

be declared on the
Maximum Retail Price (MRP) and and the online information in another package without disclosing its Moreover, public comments were package’s front side along
What are the mandatory provisions consumer care information. As a place. composition percentage violates solicited from all stakeholders, including with the brand name.
under the Legal Metrology consumer-oriented policy, all Additionally, Rule 9(1)(a) provides that consumer rights. Also, packages industries, associations, consumers, and Currently, manufacturers list
(Packaged Commodities) Rules, prepackaged commodities should also be the declaration on the package must be displaying key constituents must display voluntary consumer organisations, in the ingredients and
2011? inspected. legible and prominent. The consumers’ a percentage of the content used to make order to obtain their viewpoints. nutritional information on
the back of the packaging.
It is mandatory under the Legal As stated in Rule 2(h), the “principal ‘right to be informed’ is violated when the product. For example, if a brand sells When the new provision of Section 6(1)
Metrology (Packaged Commodities) display panel”, in relation to a package, important declarations are not aloe vera moisturiser or almond (ba) is added, consumers will not be
Rules, 2011 to ensure a number of means the total surface area of a package prominently displayed on the package. milk/biscuits, then the maximum misled by the fake claims of B Public comments were
declarations, such as the name and containing the information required in If there is more than one major percentage of the product should be aloe manufacturers relating to the content in solicited from all
stakeholders, including
address of the accordance with these rules, namely that product, Rule 6(1)(b) states that “......the vera and almond, otherwise, the product blended foods and cosmetics.
industries, associations,
manufacturer/packer/importer, the all the information should be grouped name or number of each product shall be name is misleading. G. S. Bajpai is the Vice-Chancellor consumers, and voluntary
country of origin, the common or generic together and given in one place — the mentioned on the package.” This sub-rule The Department of Consumer Affairs, Rajiv Gandhi National University of Law, consumer organisations.
name of the commodity, the net quantity, pre-printed information could be is however, not applicable to mechanical Legal Metrology Division has suggested Punjab where Sangeeta Taak is Assistant
the month and year of manufacture, the grouped together and given in one place or electrical commodities. that at least two prime components Professor.
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EXPLAINER

The Chilean referendum for a new constitution

What led to the referendum? What were some of the proposed amendments?

THE GIST
Saptaparno Ghosh of the constitutional convention. The system’s assets are equal to about 60% of the
155-member convention reserved 17 seats Chilean GDP. “Changes to the Chilean
The story so far: The people of Chile exclusively for indigenous people — ensuring pension system could affect the ability of
resoundingly rejected a new constitution representation of the varied communities Chilean corporates to raise financing in the
which was set to replace a charter imposed constituting approximately 12.8% of the local market. The existing system
B The people of Chile by General Augusto Pinochet 41 years ago. country’s total population as per the 2017 encourages national savings and is the
resoundingly rejected a new
Amid heavy turnout for the referendum, census. Further, in order to ensure gender primary source of local financing for
constitution which was set
to replace a charter imposed
61.9% of the voters rejected the draft parity, it was mandated that neither gender long-term investment projects used by many
by General Augusto document. President Gabriel Boric who had can have more than 55% representation in companies in the country,” it states.
Pinochet 41 years ago. lobbied hard for the new document, said the the convention. Also, independent members President Boric has also been a proponent
results made it evident that the Chilean were to be in majority. The constitutional of increasing mining taxes and royalties.
people “were not satisfied with the convention in charge of the process During his campaign, he had also proposed
B In 2019, over a million
people took to the streets constitutional proposal that the convention commenced work in July 2021. setting up a national lithium company. Chile
of Chile for greater equality presented to Chile”. is the world’s second-largest producer of
and more social protections. What changes did the proposed lithium after Australia.
The protests culminated What was the need for a new constitution entail? Recent amendments have stipulated that
with the then right-wing constitution? The main changes to the constitution the state has an “absolute, exclusive,
President Sebastian Piñera In 2019, over a million people took to the involved reforms to the pension system, inalienable and imprescriptible domain on
approving a referendum on streets of Chile for greater equality and more mining grants, the nature of property all mines.” Exploiting natural resources
the constitution.
social protections. According to the World ownership as well as policies with respect to (such as coal and copper, among others) has
Bank, Chile has been among Latin America’s the environment. helped Chile prosper but fostered sizeable
B The main changes to the fastest-growing economies in recent Chile’s 1981 pension system mandated that social inequality. The text of the amendment
constitution involved decades. However, more than 30% of the all wage and salary workers pay a percentage permitted certain ‘mining concessions,’ only
reforms to the pension population is economically vulnerable and of their gross earnings into a pension fund if they serve the public good as determined
system, mining grants, the
income inequality remains high. The 2019 administered by varied private pension fund by the judiciary. Fitch stated that a change in
nature of property
ownership as well as protests sought reforms to address this administrators (AFPs). In simple words, direction could hinder investments in the
policies with respect to the inequality, which was in part spurred by the profit-making national or foreign liability sector, especially large long-term
environment. involvement of private sectors in social companies managed social security funding. investments. It added that potential
realms. The protests culminated with the The then-Chilean government stated that the concerns include the increased role of
then right-wing President Sebastian Piñera move was motivated by efficiency and fiscal indigenous people in new project approvals,
approving a referendum on the constitution. concerns, and a wish to reduce the role of changes in property and water rights, and
In October 2020, 78% of Chileans approved a government in economic affairs. The earlier unclear terms of compensation if an asset is
proposal to draft a new constitution. system based on the pay-as-you-go expropriated.
mechanism had ensured that pensions were The new Chilean constitution was to also
How was the new constitution drafted? not subjected to financial market grant freedom to own all properties and
In the national plebiscite of 2020, the voters fluctuations. Further, the incumbent goods, except those which “nature has made ‘free water rights’ to private entities. This A long road: President
had to tackle two main points: firstly, Finance Minister of Chile Mario Marcel had common to all men” or which should be ended up creating a market for water with Gabriel Boric delivering a
whether the constitution should be changed pointed out recently that the 1981 system collectively owned by the country as a the state unable to supply enough for speech to the nation after
at all; and secondly, whether the new allowed for a lower level of contributions whole. A qualified quorum law would domestic consumption. Bloomberg reported Chileans emphatically
constitution would be prepared by a from workers and companies compared to establish requirements for the acquisition of in February that a proposal to annul free rejected the new
constitutional convention of members other countries. properties to better serve the interests of the water rights for private concerns was constitution in a
elected directly or a mixed constitutional President Boric had proposed replacing nation, including considerations about approved in an initial vote by the referendum, in Santiago,
convention —consisting of both members of the private sector-held system with a public national security, public health utilities, and convention’s environmental committee. This on September 4. AFP
*

Parliament and directly elected citizens in one — among the biggest demands during preservation of the environment. It effectively meant that mines, agribusiness
equal proportion. Seventy-nine per cent of the 2019 protests. Reuters, quoting Mr. recognises that the environment must be and utilities would have to seek temporary
voters suggested that a directly elected Marcel, reported in March this year that the preserved and it is the right of the permits to use water. Additionally, the
constitutional convention be entrusted with government would send the long-awaited community to live in an environment free of revised mechanism would prioritise human
this duty. A second vote conducted between reform bill to Congress next year. According contamination. The erstwhile constitution’s consumption, stability of water reserves,
May 15 and 16 in 2021 elected the members to ratings agency Fitch, the existing pension 1981 Water Code let the government grant and indigenous rights.
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EXPLAINER

The ban on conversion therapy for the LGBTQIA+ community

What is the National Medical Commission directive to State Medical Councils? Why is the therapy considered to be dangerous?

THE GIST
Sudipta Datta incongruent with their sex anatomy. an order to the National Medical Rights) Rules, 2020, and the Transgender
Often, the therapy is offered by quacks Commission directing it to “issue Persons (Protection of Rights) Act, 2019,
The story so far: The National Medical with little expertise in dealing with the necessary official notification by enlisting in letter and spirit, the court said it was
Commission (NMC), the apex regulatory issue. According to the American ‘Conversion Therapy’ as a professional imperative to hold sensitisation
body of medical professionals in India, Academy of Child and Adolescent misconduct.” The NMC issued the programmes for an all-out effort to
has written to all State Medical Councils, Psychiatry (AACAP), the interventions directive to State Medical Councils on understand the community and its B The National Medical
banning conversion therapy and calling it under conversion therapy are provided August 25. needs. Commission (NMC) has
a “professional misconduct”. In a letter under the false premise that written to all State Medical
dated August 25, it also empowered the homosexuality and diverse gender What were some of the other How can schools, colleges and Councils, banning
conversion therapy and
State bodies to take disciplinary action identities are pathological. “They are not; guidelines issued by the court? medical professionals help?
calling it a “professional
against medical professionals who breach the absence of pathology means there is In its 2021 verdict, the Madras High Court Experts say schools and colleges must misconduct”.
the guideline. The letter said the NMC no need for conversion or any other like directed the police, for example, to close effect changes in curricula for a better
was following a Madras High Court intervention.” Further, according to complaints of missing persons’ cases, understanding of the community. As late
directive to issue an official notification AACAP and other health experts, “without subjecting them to as 2018, medical books listed B In 2021, Justice N. Anand
Venkatesh of the Madras
listing conversion therapy as a wrong, conversion therapy poses the risk of harassment”, if it found on investigation homosexuality and lesbianism as a High Court issued a slew of
under the Indian Medical Council causing or exacerbating mental health that the parties were consenting adults “perversion”. People of a different sexual interim guidelines for the
(Professional Conduct, Etiquettes and conditions, like anxiety, stress and drug activists, Union and State Social Welfare belonging to the LGBTQIA+ community. orientation or gender identity often police, activists, Union and
Ethics) Regulations, 2002. use which sometimes even lead to Ministries, and the National Medical The court asked the Ministry of Social narrate harrowing tales of bullying, State Social Welfare
suicide. Commission to “ensure their safety and Justice & Empowerment to draw up a list discrimination, stigma and ostracisation. Ministries, and the National
What is conversion therapy? What security to lead a life chosen by them.” of NGOs and other groups which could Gender-neutral restrooms should be Medical Commission,
are the risks? What is the role of the Madras High The ruling prohibited any attempt to handle the issues faced by the compulsory in educational institutes and regarding the LGBTQIA+
Conversion or reparative therapy is an Court in the ban? medically “cure” or change the sexual community, and gave it a time of eight other places. Parents too need to be community, to “ensure their
safety and security to lead a
intervention aimed at changing the On June 7, 2021, Justice N. Anand orientation of LGBTQIA+ (lesbian, gay, weeks from the date of the order. This sensitised, because the first point of
life chosen by them.”
sexual orientation or gender identity of Venkatesh of the Madras High Court gave bisexual, transgender, queer, intersex, March, the court pulled up the Ministry misunderstanding and abuse often begins
an individual with the use of either a landmark ruling on a case he was asexual or of any other orientation) for failing to compile a comprehensive at home, with teenagers being forced to
psychiatric treatment, drugs, exorcism hearing about the ordeal of a same-sex people. It urged the authorities to take list. The court said the community should opt for “conversion” therapies. Health B Parents too need to be
sensitised, because the first
and even violence, with the aim being to couple who sought police protection action against “professional[s] involving be provided with legal assistance by the professionals point out that even adults
point of abuse often begins
make the individual a heterosexual. The from their parents. Pending adequate themselves in any form or method of District Legal Services Authority in opting for sex reassignment surgeries at home, with teenagers
conversion therapy umbrella also legislation more protective of the conversion therapy,” which could include coordination with law enforcement need to get proper guidance like therapy being forced to opt for
includes efforts to change the core community, Justice Venkatesh issued a the withdrawal of licence to practice agencies. Asking agencies to follow the pre and post operation; for an ordinary “conversion” therapies.
identity of youth whose gender identity is slew of interim guidelines for the police, medicine. On July 8, 2022, the court gave Transgender Persons (Protection of citizen, the cost too can be prohibitive.
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FROM THE ARCHIVES

Untangling Kerala’s
Lokayukta controversy
The State’s Lokayukta Act needs to be brought on a par with the Lokpal Act

THE GIST
P.D.T. Achary eight members, four of whom are judicial down. The Supreme Court has accepted this
members. Thus the whole system is studded with recommendation of the Sarkaria Commission.
The Kerala Legislative Assembly passed the Kerala judges or judicial men. The Lokpal has an inquiry Another occasion when the Governor could
Lok Ayukta (Amendment) Bill on August 30, amid wing and a prosecution wing to deal with withdraw his pleasure is when the Chief Minister
a boycott by the Congress-led Opposition. The investigation and prosecution, respectively. The is disqualified from being a member of the House
B The Lokpal is conceived amendments were related to the competent director of prosecution files the case in the special on account of his having been convicted in a
of as a body which will authority to consider Lok Ayukta court based on the findings of the Lokpal. criminal case and sentenced to not less than two
inquire into allegations of
recommendations. In the case of any The Lokpal has jurisdiction to inquire into years of imprisonment. In other words, a Chief
corruption. It is basically an
investigative body whose unfavourable decision from the Lok Ayukta allegations of corruption against the Prime Minister cannot be asked to resign when he enjoys
task is to conduct prompt against the Chief Minister, the competent Minister, Ministers, Members of Parliament, a majority in the House. The Governor, being a
and fair investigation and authority will now be the Legislative Assembly Group A, B, C and D officers and officials of the high constitutional authority, cannot be
the prosecution of cases of instead of the Governor as is prescribed in the central government. After the conclusion of the compelled by a law to act in a particular manner
corruption. The Lokpal and existing Act. In this article published on February investigation, the Lokpal may file a case in the so far as his constitutional duties and functions
Lokayukta Act delegates the 23, 2022, P.D.T. Achary gives us detailed special court in case the findings disclose the are concerned. No agency created by a law made
power to States to establish explainer on the history of the Lok Ayukta and its commission of offence under the Prevention of by the Assembly, particularly an investigative
by law the Lokayukta to
current troubled legalities. Edited excerpts: Corruption Act by the Prime Minister, Ministers or body, can declare that its decision be carried out
deal with complaints
relating to corruption The controversy surrounding the amendment Members of Parliament. However, the Lokpal by the Governor. It would amount to a violation of
against public functionaries. to the Lokayukta Act of Kerala — effected through does not have the power to ask the President to the Constitution.
an ordinance —has raised the political remove the Prime Minister or a Minister from Thus, Section 14 of the Kerala Lokayukta Act,
temperature in the State with the Opposition office. 1999 suffered from serious legal infirmities and it
B Section 14 of the
accusing the Government of trying to whittle away The Lokpal and Lokayukta Act delegates the is only proper that the government of the day
Lokayukta Act which has
now been amended said at the powers of the Lokpal. The Government, on power to States to establish by law the Lokayukta revisited this provision.
that if the Lokayukta is the other hand, claims that through the to deal with complaints relating to corruption
satisfied on the complaint amendment, a provision in the Act which is against public functionaries. Some States already Provisions that are moot
against the public servant unconstitutional has been excised as it gave power have established Lokayuktas. For example, There are some other provisions as well which
being substantiated that he to the Lokpal to give directions to the Governor to Maharashtra in 1971, and Kerala in 1999. may not stand legal scrutiny. For example, this
should not continue to hold remove a Chief Minister or a Minister on being law includes the office bearers of political parties
the post held by him. found guilty of corruption. This issue has sparked In Kerala, the implications within its definition of ‘public servant’. The
However, an investigative
off a noisy debate in the media in the State which Now, in the background of the Lokpal Act let us Lokayukta law was enacted to inquire into cases
body does not have the
legal authority to direct the has, in fact, generated more heat than light. The examine the Lokayukta controversy in Kerala. of corruption of public functionaries such as
public servant to resign his Lokayukta has indirectly expressed its resentment Section 14 of the Act which has now been Ministers, legislators, etc. who are covered by the
post on the basis of its over the attempt to take away some of its powers. amended said that if the Lokayukta is satisfied on Prevention of Corruption Act. This Act does not
findings. Also in cases the complaint against the public servant being include office-bearers of political parties in its
involving a Chief Minister, The background substantiated that he should not continue to hold definition clause. Basically, the Prevention of
the Governor can dismiss The Lokpal-Lokayukta issue has always generated the post held by him, he shall make a declaration Corruption Act deals with corruption in the
him only when he loses his intense debate in the country. In fact, this term to that effect in his report to the competent government and allied agencies, statutory bodies,
majority in the Assembly
was first used in a report of the Administrative authority who shall accept it and act upon it. In elected bodies, etc. The functionaries of political
and refuses to step down.
Reforms Commission headed by Morarji Desai as other words, if the public servant is the Chief parties do not come within the mischief of this
far back as in 1966. Political corruption had Minister or a Minister, he shall forthwith resign his law. So, it is difficult to understand how they can
B There are some other become rampant by then and it was thought that office. It may be noted here that such a provision be brought within the sweep of the Lokayukta
provisions which may not a credible system of an ombudsman should be does not exist in any of the State laws or the Act. Another problematic provision in this law is
stand legal scrutiny. For
example, this law includes
established to redress public grievances against Lokpal Act of the Centre. the one which deals with the reports of Lokayukta
the office bearers of public officials and Ministers of the government. This provision in the State law has serious legal (Section 12). It says that the Lokayukta shall, on
political parties within its The first Bill on Lokpal was introduced in the Lok and constitutional implications. Two important the allegation of corruption being substantiated,
definition of ‘public servant’. Sabha in 1968 which lapsed with the dissolution of points need to be made here. One, an send the findings along with recommendation of
The Lokayukta law comes the House. The idea of a Lokpal has had a long investigative body does not have the legal action to the competent authority who is required
under the Prevention of journey; finally, after 45 years the Lokpal and authority to direct the public servant to resign his to take action as recommended by the Lokayukta.
Corruption Act which does Lokayuktas Bill was passed by Parliament in 2013. post on the basis of its findings. It can only submit It further says that if the Lokayukta is satisfied by
not include office-bearers of Anna Hazare’s movement and the active its findings to the competent authority or, as is the action taken by the competent authority, he
political parties in its
involvement of civil society generated a lot of provided in the Lokpal Act, file a case in the shall close the case. The question is how the
definition clause.
moral pressure on the Government which special court. The Lokayukta is basically an Lokayukta can close a corruption case which is a
ultimately led to the passing of the Bill. investigative body with certain powers to carry criminal case and which invites imprisonment for
In order to get a clearer perspective on the out an investigation into cases relating to the three to seven years. The Lokpal files the case in
Kerala Lokayukta controversy, it is necessary to Prevention of Corruption Act. The only special the court after the investigation. There is no
understand the scheme of the Lokpal and feature of this body is that it is headed by a retired provision in the central law under which the
Lokayuktas Act enacted by Parliament. The long judge of the Supreme Court or a retired Chief Lokpal can close the case before it reaches the
title of the Act says: “An Act to provide for the Justice of a High Court. But that does not alter the court. The Lokayukta not being a court does not
establishment of a body of Lokpal for the Union basic character of the Lokayukta as an have the legal capacity to close the corruption
and Lokayukta for States to inquire into investigative body. It does not and cannot enjoy case under any circumstances.
allegations of corruption against certain public the powers of the higher courts which alone can In fact the whole controversy could have been
functionaries....” Thus, the Lokpal is conceived of issue such directions in the nature of writs. avoided if an objective and dispassionate analysis
as a body which will inquire into allegations of Two, the Chief Minister or a Minister holds of this law had been made by all the stakeholders.
corruption. It is basically an investigative body office during the pleasure of the Governor (Article The Kerala Lokayukta Act should be re-examined
whose task is to conduct prompt and fair 164). The Constitution of India does not by a committee of the Assembly and should be
investigation and the prosecution of cases of contemplate any external pressure on the brought on a par with the Lokpal Act. A legislation
corruption. Governor to withdraw his pleasure. The Sarkaria which seeks to punish corrupt functionaries
However, the Lokpal is no ordinary Commission had suggested that the Governor can should be placed above controversies.
investigative body. It is headed by the incumbent dismiss a Chief Minister only when he loses his P.D.T. Achary is former Secretary General, Lok
Chief Justice of India or a retired judge. It has majority in the Assembly and refuses to step Sabha
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EXPLAINER

Effecting the ban on single-use plastics

What are single-use plastics and how do they impact the environment? What are the amended rules and are alternatives
available?

THE GIST
G.S. Bajpai the urgent need for the global community to as well as special enforcement teams for the
Sangeeta Taak address this issue. This resolution was purpose of checking the illegal sale and use
adopted at the UN Environment Assembly as of single-use plastics. To prevent the
The story so far: The Ministry of an important step forward. In the recently movement of banned single-use plastic items
Environment, Forest and Climate Change, concluded 5th session of the United Nations between States and Union Territories,
B The purpose of single-use Government of India, notified the Plastic Environment Assembly in March 2022, India border checkpoints have been established.
plastics is to use them once Waste Management Amendment Rules, 2021 engaged constructively with all member In an effort to empower citizens to help
or for a short period of time on August 12, 2021. In keeping with the spirit states to develop a consensus on a resolution curb the plastic menace, the Central
before disposing of them. of the ‘Azadi ka Amrit Mahotsav’, the to drive global action against plastic Pollution Control Board (CPCB) has
There is a greater likelihood
country is taking steps to curb littered and pollution. launched a grievance redressal application.
of single-use plastic
products ending up in the
unmanaged plastic waste pollution. Since However, India is not the first country to The Government has been taking
sea than reusable ones. July 1, 2022, India has banned the ban single-use plastics. Bangladesh became measures for awareness generation towards
manufacture, import, stocking, distribution, the first country to ban thin plastic bags in the elimination of single-use plastics The
sale, and use of single-use plastic (SUP) items 2002; New Zealand banned plastic bags in awareness campaign has brought together
B The Plastic Waste
with low utility and high littering potential. July 2019. China had issued a ban on plastic entrepreneurs and start-ups, industry,
Management Amendment
Rules, 2021, prohibited the India is a party to the United Nations bags in 2020 with a phased implementation. Central, State and local Governments,
manufacture, import, Environment Assembly (UNEA). In all, 124 As of July 2019, 68 countries have plastic regulatory bodies, experts, citizen
stocking, distribution, sale, nations are party to the UNEA, and India has bag bans with varying degrees of organisations, R&D and academic
and use of plastic carry bags signed a resolution to draw up an agreement enforcement. institutions.
whose thickness is less than in the future that will make it legally binding
75 microns. for signatories to address the full life cycle of What are the plastic waste What is the role of the manufacturer?
plastics, from production to disposal. management rules in India? In addition, the Ministry of Environment,
B To ensure the effective With effect from September 30, 2021, the Forests, and Climate Change notified the
enforcement of the ban, Why are single-use plastics harmful? Plastic Waste Management Amendment Plastic Waste Management Amendment
national and State-level The purpose of single-use plastics is to use Rules, 2021, prohibited the manufacture, Rules, 2022 on February 16, 2022. Extended
control rooms will be them once or for a short period of time import, stocking, distribution, sale, and use Producer Responsibility (EPR) is the
established, as well as before disposing of them. Plastic waste has of plastic carry bags whose thickness is less responsibility of a producer for the
special enforcement teams
for the purpose of checking
drastic impacts on the environment and than 75 microns. From December 31, 2022, environmentally sound management of the
the illegal manufacture, human health. There is a greater likelihood plastic carry bags whose thickness is less product until the end of its life. The issuing of guidelines.
import, stocking, of single-use plastic products ending up in than 120 microns will be banned. guidelines provide a framework to
distribution, sale and use of the sea than reusable ones. It means that the ban does not cover all strengthen the circular economy of plastic What’s happening on the research and
single-use plastics. India has taken resolute steps to mitigate plastic bags; however, it requires the packaging waste, promote the development development front?
pollution caused by littered single-use manufacturers to produce plastic bags of new alternatives to plastic packaging and The consumer needs to be informed about
plastics. A number of items are banned, thicker than 75 microns which was earlier 50 provide the next steps for moving towards the ban through advertisements, newspaper
including earbuds with plastic sticks, balloon microns. As per the notification, the sustainable plastic packaging by businesses. or TV commercials, or on social media. In
sticks, plastic flags, candy sticks, ice cream standard shall be increased to 120 microns in order to find sustainable alternatives,
sticks, polystyrene (thermocol) for December this year. What are the challenges? companies need to invest in research and
decorations, plates, cups, glasses, cutlery The notification clearly mentioned that The ban will succeed only if all stakeholders development. The solution to the plastic
such as forks, spoons, knives, straws, trays, plastic or PVC banners/ hoardings should participate enthusiastically and engage in pollution problem is not the responsibility of
wrapping or packing films around sweet have more than 100 microns in thickness, effective engagement and concerted actions. the government alone, but of industries,
boxes, invitation cards, cigarette packets, and non-woven plastic (polypropylene) must However, if we look back at our past, brands, manufacturers and most
plastic or PVC banners less than 100 micron, be more than 60 GSM (grams per square almost 25 Indian States previously banned importantly consumers. Finding alternatives
stirrers, etc. metre). Non-woven plastic bags have a plastic at the state level. However, these bans to plastic seems a little difficult, however,
cloth-like texture but are counted among had a very limited impact in reality because greener alternatives to plastic may be
What is the impact on the plastics. Still, plastic or PET bottles, counted of the widespread use of these items. considered a sustainable option. For
environment? among the most recyclable types of plastic, Now the challenge is to see how the local example, compostable and bio-degradable
Littered single-use plastic items have an have been left out of the scope of the ban. level authorities will enforce the ban in plastic, etc., may be considered as an option.
adverse effect on both terrestrial and aquatic In addition, the Indian government has accordance with the guidelines. Banned While the total ban on the use of plastic
ecosystems. All countries face a major taken steps to promote innovation and items such as earbuds with plastic sticks, sounds a great idea, its feasibility seems
environmental challenge due to pollution create an ecosystem for accelerated plastic sticks for balloons, etc., are difficult at this hour, especially in the
caused by single-use plastic items. India adoption and availability of alternatives non-branded items and it is difficult to find absence of workable alternatives.
piloted a resolution on single-use plastics across the country. To ensure the effective out who the manufacturer is and who is G.S. Bajpai is Vice-Chancellor, Rajiv
pollution at the 4th United Nations enforcement of the ban, national and accountable for selling because these items Gandhi National University of Law, Punjab.
Environment Assembly in 2019, recognising State-level control rooms will be established, will be available in the market even after the Sangeeta Taak is an Assistant Professor.
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The draft Telecommunication Bill, 2022
Does the new Bill dilute the powers of the Telecom Regulatory Authority of India? What will be the effects of including OTT communication
services within the definition of “telecommunication services”?

EXPLAINER THE GIST

Trishee Goyal D
The Ministry of
The story so far: Communications released a

T
he Ministry of Communications re- draft of the Indian
leased a draft of the Indian Tele- Telecommunication Bill, 2022
communication Bill, 2022 last last week for public comments.
week for public comments. Since then, the The draft is an attempt by the
draft has generated a significant amount of government to update the
discussion on various changes that it pro- extant regulatory framework in
poses to make to the current telecom regu- keeping with the
latory framework. The Minister for Com- advancements and challenges
munications, Ashwini Vaishnaw, has in the sector.
stated that the Bill would become law in D
the next 6-10 months.
The current draft of the Bill
What is the draft Indian expands the definition of
Telecommunication Bill, 2022? “telecommunication services”
The draft Indian Telecommunication Bill is to include OTT communication
services. As a consequence of
an attempt by the government to update
this, OTT telecommunication
the extant regulatory framework in keep-
services may be subject to the
ing with the advancements and challenges same licensing conditions as
in the sector. This was much needed given TSPs. If the OTT
that the three main legislations that occu- communication services are
py this domain are considerably outdated, required to obtain the same
with the most recent of these having been licence, they would also be
enacted more than 70 years back. These subject to a number of
legislations are the Indian Telegraph Act conditions such as maintaining
enacted in 1885, the Indian Wireless Teleg- ‘know your customer’ details of
raphy Act enacted in 1933 and the Tele- their users, adhering to certain
graph Wires (Unlawful) Possession Act in encryption regulations and
1950. The Indian Telecommunication Bill allowing lawful access to the
looks to repeal these legislations and “res- government of their equipment
tructure the legal and regulatory frame- and networks.
work” for the telecommunications sector.
D
How does the draft For the first time, a specific
telecommunication Bill affect provision enabling the
over-the-top communication government to order
services? suspension of internet power
Over-the-top (OTT) communication servic- ISTOCKPHOTO has been introduced through
the draft Bill. Civil society has
es refer to services that provide real time
however, raised concerns that
person-to-person telecommunication ser- the phone number of the person making major player in the telecom sector in va- der internet shutdowns while failing to in-
the proposed provision gives
vices. Some popular examples of these in- the communication is displayed, going for- rious roles such as provisioning of servic- corporate safeguards such as judicial the government power to order
clude messaging platforms like Whatsapp, ward the name of the person would also es, licensing and allocating spectrum, the oversight that have been recommended by internet shutdowns while
Telegram, Signal, Messenger, Duo, Google be displayed. As per the Communications need was felt to institute a regulator that is the Standing Committee on Information failing to incorporate
Meet etc. These platforms use the network Minister, this facility would not only be at an arms’ length from the government to Technology. safeguards such as judicial
infrastructure of telecom service provid- available for voice calls but also for users of ensure a level playing field, fairness for oversight.
ers like Airtel, Vodafone and Jio and pro- OTT communication services. private TSPs and for the protection of con- How does the Bill facilitate TSPs?
vide features that compete with telecom- sumer interests. The draft Bill clears up a lot of confusion
munication services such as voice calls The draft Bill provides that However, the current draft considerably around the allocation of spectrum. It lays
and SMS services. Telecom Service Provid- commercial communications dilutes TRAI’s position in a number of down that while the primary route for allo-
ers (TSPs) allege that these features result which are advertising and ways reducing it from a regulatory to a re- cation of the spectrum is auction, when
in a double whammy for them as they cut commendatory body. First, the govern- spectrum is to be allocated for certain
promotional in nature should be
into their sources of revenue (voice calls, ment would no longer be required to seek functions of the government such as de-
SMS) while not having to deal with infras- made only with the prior consent recommendations from the TRAI before is- fence or transportation, the administrative
tructure and licensing costs that they have of a subscriber suing licences. Second, it also removes the process is to be followed. It also allows the
to undertake. Therefore, TSPs have been power of the TRAI to requisition from the TSP to exploit its spectrum resource fully
demanding a level playing field with OTT The draft Bill obligates licence holders government information or documents by enabling sharing, trading, leasing, sur-
services. to identify the users of its service through a that are necessary to make such recom- rendering or returning unutilised spec-
The current draft of the Bill expands the verifiable mode of identification. To en- mendations. Moreover, the Department of trum. The Bill also simplifies the process
definition of “telecommunication servic- sure that a user provides correct details, Telecommunications (DoT) will no longer for restructuring, merging or demerging.
es” to include OTT communication servic- the draft Bill penalises providing wrong be required to refer back to TRAI the re-
es. As a consequence of this, OTT telecom- identification details with a ₹50,000 fine commendations for reconsideration — Since the government is a major
munication services may be subject to the and suspending the operation of the spec- those recommendations that it does not player in the telecom sector, it
same licensing conditions as TSPs. Under ific mobile number or barring the person agree with, as it was required to do pre- was felt that a regulator which is
the extant framework, TSPs have to be is- from using the telecom service for a cer- viously. The removal of such powers at an arms’ length from the
sued the Unified Access Service Licence tain duration. Further, the draft Bill also would not be keeping with international government is necessary to
(UASL) for them to be able to provide tele- provides that commercial communica- practice where telecom regulators are en-
ensure a level playing field
com services in India. If OTT communica- tions which are advertising and promo- dowed with a greater degree of indepen-
tion services are required to obtain the tional in nature should be made only with dence to ensure that investor confidence
same licence, they would also be subject to the prior consent of a subscriber. While and consumer protection is maintained in On the issue of right of way (the legal
a number of conditions such as maintain- the Telecom Regulatory Authority of India the market. framework for setting up telecom towers),
ing ‘know your customer’ details of their (TRAI) has previously issued the “Telecom it mandates that land owned by a public
users , adhering to certain encryption reg- Commercial Communications Customer What are the draft Bill’s provisions on entity should be available expeditiously
ulations and allowing lawful access to the Preference Regulations” in 2018, spam internet shutdowns? unless there is an express ground of refu-
government of their equipment and communications and sharing of contact For the first time in the Indian legal frame- sal. This is likely to face opposition from
networks. details without any safeguards continues work, a specific provision enabling the go- States which have the power to administer
to be rampant. Its inclusion in the draft Bill vernment to order suspension of internet lands within their territorial jurisdiction.
What are some of the consumer takes it out from the purview of TRAI and power has been introduced through the Lastly, the draft allows the funds under the
protection measures in the draft Bill? gives government the power to take strin- draft Bill. Currently, suspension of internet Universal Service Obligation Fund to be
To curtail the ever-increasing incidence of gent measures against violators. services is ordered under the Temporary utilised for other purposes such as urban
spam calls and frauds, the draft Bill pro- Suspension of Telecom Services (Public areas connectivity, research etc, expand-
poses that the identity of the person com- How does the draft Bill impact the Emergency and Public Safety) Rules, 2017 ing its current mandate from the limited
municating using any form of telecommu- position of the TRAI? that have been made under the Indian Te- aspect of enhancing rural connectivity.
nication services shall be available to the The TRAI was set up in 1997 as an indepen- legraph Act, 1885. However, civil society The writer is a research fellow at the
user receiving such communication. This dent and specialised regulator for the tele- has raised concerns that the proposed pro- Centre for Applied Law and Technology Re-
would mean that unlike now where only com sector. Given that the government is a vision gives the government power to or- search, Vidhi Centre for legal policy
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The NASA spacecraft-asteroid collision
What is the ‘kick’ method which was used to deflect an asteroid headed towards earth? How can the technique
be further utilised for space mining technologies?

EXPLAINER THE GIST

T. V. Venkateswaran D
On September 27, at 4:44 am
The story so far: IST, the DART (Double Asteroid

O
n September 27, at 4:44 am IST, Redirection Test) spacecraft
the DART (Double Asteroid Redi- collided with the space rock
rection Test) spacecraft collided Dimorphos (just 160 metres
with the space rock Dimorphos (just 160 wide). NASA has confirmed
metres wide). NASA has confirmed that that the collision of the
the collision of the auto-rickshaw sized auto-rickshaw sized 600
600 kilogram weighing DART, on the foot- kilogram weighing DART, on
ball stadium-sized Dimorphos, about five the football stadium-sized
billion kilogram in mass (orbiting around Dimorphos, about five billion
the 780 metres wide primary asteroid Di- kilogram in mass (orbiting
dymos), has deflected the trajectory of the around the 780 metres wide
pair of space rocks. This kinetic impact primary asteroid Didymos), has
technique, which appears as the climax of deflected the trajectory of the
pair of space rocks.
Hollywood sci-fi movies like Deep Impact
and Armageddon,is also known as the D
‘kick’ method. It could one day save hu-
The momentum of DART
manity from a potential cataclysmic colli-
crashing at a breakneck speed
sion by safely deflecting a killer asteroid on of 23,760 kilometres per hour,
its course towards earth. It could also fuel Behind the scene: This screengrab from the NASA live feed shows Dimorphos just before the DART spacecraft made impact. AFP
is adequate to slash the
space mining technologies and unleash angular momentum of
the space economy in decades to come. Dimorphos, making it speed up
line up, eclipsing one another. The total and move closer to Didymos.
What are asteroids? brightness of the pair darkens when Di- All of these reduce the orbital
Around a construction site, bits and pieces morphos passes in front of and behind Di- period and the time taken for
of leftover bricks, unused steel rods, and dymos. the moonlet to go around the
emptied paint canisters are usually Astronomers will now spend weeks and primary asteroid. The pair’s
strewn. Likewise, leftover materials from months observing the periodic change in trajectory is thus deflected as
the formation of the sun, earth and pla- the brightness using the telescopes to the net result of these
nets, through the accretion and agglomer- tease out the altered orbital period. All this dynamics.
ation of giant gas and rocks, are scattered data is still in process and will help fine-
D
as comets, asteroids and meteoroids in the tune the technology.
solar system. Some of these cross their While ostensibly the drive
path and collide with earth from time to What are the other possibilities of comes from the desire to
time, resulting in a spectacular meteor this technique? protect earth from killer
shower. Most rocks are so small that they At the heels of NASA, China is set to deflect asteroids, the technique also
burn up completely in the atmosphere a 40m diametre earth-crossing asteroid carries the lure of space
due to frictional heating. If they are large called 2020 PN1 sometime in 2026. While mining. If one can tug a
mineral-rich asteroid near the
enough, the charred piece falls through as ostensibly the drive comes from the desire
Moon or establish a space
a meteorite. The falling piece from a mete- to protect earth from killer asteroids, per-
mining factory between the
oroid 140 metres wide or more will be cap- haps the lure of space mining lurks be- orbits of earth and Mars,
able of completely wiping out a city like hind. Mining rare earth elements comes precious mineral resources
Chennai. The impact would be devastating with a high environmental cost. In the needed for decades could be
if it was one or more kilometres wide. coming years, the penalty for polluting easily sourced. The ‘kick’
Neither the plot nor NASA’s Planetary could make space mining economically technique that deflects
Defense Coordination Office, made fa- viable. If one can tug a mineral-rich aste- asteroids can then be used to
mous by the blockbuster Netflix movie roid near the Moon or establish a space move a small asteroid into a
Don’t Look Up is imaginary. About 66 mil- mining factory between the orbits of earth convenient position for space
lion years ago, an asteroid about 10-15 kms and Mars, precious mineral resources mining.
struck earth. The tsunami, volcanic erup- needed for decades could be easily
tions and thick dust clouds ensuing from sourced. The ‘kick’ technique that deflects
the blow decimated dinosaurs and nearly asteroids can then be used to move a small
75% of all species. What happened in the asteroid into a convenient position for
past can occur in the future. The chances space mining. Now shelved, NASA’s Aste-
of a giant asteroid striking earth are small; roid Redirect Mission (ARM) aimed at pre-
however, if it did occur, the devastation cisely this by bringing a 20-tonne space
would be cataclysmic, wiping out the en- rock near earth to study and mine. In a
tire human civilisation. While dinosaurs way, the DART mission is also part of this
were mute spectators, humans can pre- frame.
pare themselves to face the imminent For developing green energy technolo-
threat. NASA tracks and keeps a close gies — electric vehicles, solar panels, wind
watch on the nearly 26,115 asteroids whose turbines, and energy storage devices —
orbits are dangerously close to earth. and ushering in the low carbon economy
of the future, rare earth elements such as
What was NASA’s mission? yttrium, niobium, rhodium, palladium,
NASA, to put it simply, undertook the the Dimorphos were solid, the crashing DRACO (Didymos Reconnaissance and As- osmium, iridium and scandium are criti-
‘kick’ technique. Compared to the massive craft would make a dent on its surface and teroid Camera for Optical navigation) cam- cal. They are short in supply, and asteroid
Dimorphos, DART is a tiny Goliath. Yet skim a tiny bit of its angular momentum, era to observe the collision and its conse- mining, it is believed, could solve the rare
crashing at a breakneck speed of 23,760 ki- reducing the orbital time by about 75 se- quences. The close-up images until its fatal earth supply problem.
lometres per hour, the momentum is conds. However, close-up images transmit- crash are being analysed. In addition, like From the robotic Soviet Luna 16 in the
adequate to slash the angular momentum ted by the DART moments before the fatal a kangaroo with a baby in its pouch, a tiny 1970s to U.S. Apollo missions and China’s
of Dimorphos, making it speed up and collision indicate that Dimorphos is more toaster-sized Italian Space Agency-built first lunar sample-return mission, Chang’e
move closer to Didymos. All of these re- like a pile of rubble loosely held by gravity. Light Italian CubeSat for Imaging of Aste- 5 — all have brought back lunar soil. NASA’s
duce the orbital period and the time taken If true, the impact will eject a cascade of roids (LICIACube) took a piggyback ride Stardust spacecraft returned a canister full
for the moonlet to go around the primary debris, each piece carrying away a bit of with the DART. of dust from comet Wild-2 captured by an
asteroid. The pair’s trajectory is thus de- momentum and energy. And as a net re- The CubeSat was released and de- aerogel-based sample collector in 2004. Ja-
flected as the net result of these dynamics. sult, the asteroid will suffer a considerable ployed two weeks before the impact. Ho- pan Aerospace Exploration Agency
Consider it like this: a fast-moving moped loss. It will speed up more, and the orbit vering 50 kilometres from the asteroid, the ( JAXA)’s Hayabusa 1 to 25143 Itokawa, the
slamming into a truck is sure to undergo a will become nearer to Didymos. The orbi- two cameras aboard the CubeSat have Hayabusa 2 to 162173 Ryugu, and NASA’s
massive crash and burn, yet will veer the tal period will then reduce by as much as captured the plume of the debris ejected OSIRIS-Rex to near-earth asteroid Bennu
massive truck a bit. This is the essence of 10 minutes. by the collision. At 11 million kilometres, are missions to extract and return samples
the ‘kick’ technique. the asteroids appear like a blip of dot even from asteroids.
The extent of the trajectory change de- What has been the impact through the best of telescopes. As they
pends on the context. Compare throwing a assessment? waltz around each other, once in 11 hours T.V. Venkateswaran is Scientist F at Vigyan
ball against a solid wall and a sand pit. If The DART craft carried a high-resolution and 55 minutes, Dimorphos and Didymos Prasar, Dept of Science and Technology
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A push for the semiconductor industry

What is India’s modified incentive scheme for the chip-making sector? How is it different from the earlier
policy? What are the difficulties faced by the industry?

EXPLAINER THE GIST

Diksha Munjal D
Semiconductors are the
The story so far: thumbnail-sized building

I
n a bid to make India’s $10 billion chip- blocks of almost every
making initiative more attractive to in- modern electronic device. The
vestors, the Centre on September 21, semiconductor chip-making
approved changes to the scheme for the de- process is complex and highly
velopment of a semiconductor and display exact, having multiple steps in
manufacturing ecosystem. the supply chain such as
designing software for chips
How big is the industry? and patenting them through
Semiconductors are the thumbnail-sized core Intellectual Property (IP)
building blocks of almost every modern rights.
electronic device from smartphones tocon- D
nected devices in the Internet of Things
(IoT). They help give computational power According to the Electronics
to devices. The global semiconductor in- and IT Ministry,
dustry is currently valued at $500-$600 bil- semiconductor demand in
India would increase to
lion.
$70-$80 billion by 2026 with
The basic component of a semiconduc-
the growing demand for
tor chip is a sliver of silicon, which is etched digital devices and electronic
with billions of microscopic transistors, products. The modified
forming patterns to control the flow of cur- scheme now provides uniform
rent while following different computation- 50% fiscal support for all
al instructions. The chip-making process is and private investments. chip production, 40% for 28nm to 45nm, process, the outlay of the scheme remains nodes. Besides, it will provide
complex and highly exact, having multiple and 50% or half of the funding for chips $10 billion. Notably, just the setting up of 50% of capital expenditure for
other steps in the supply chain such as de- What are the changes to India’s 28nm or below. The modified scheme pro- one semiconductor fab requires an invest- other steps of the process as
signing software for chips and patenting chip-making scheme? vides uniform 50% fiscal support for all ment of anywhere between $3 and $7 bil- well (chip design and ATMP).
them through core Intellectual Property In December 2021, India announced its nodes. Besides, it will provide 50% of capi- lion. Analysts, while positive, are con-
(IP) rights. It also involves making chip-fa- roughly $10 billion dollar production- tal expenditure for other steps of the pro- cerned that not much of the current D
brication machines; setting up fabs or fac- linked incentive (PLI) scheme to encourage cess as well (chip design and ATMP). scheme outlay would be left to support oth- While the new scheme
tories; and ATMP (assembly, testing, mark- semiconductor and display manufacturing So far, Vedanta and Taiwanese chipmak- er elements including display fabs, packag- provides equal funding for all
ing and packaging). The chip-making in the country. It also announced fiscal sup- er Foxconn have signed an MoU to set up a ing and testing facilities, and chip design steps of the process, the
industry is a highly-concentrated one, with port for a design-linked initiative (DLI) ₹1,54,000 crore semiconductor plant in centres. They also argue that the initial outlay of the scheme remains
the big players being Taiwan, South Korea scheme to drive global and domestic invest- Gujarat. Two other projects have also been funding should focus on areas like design $10 billion. Notably, just the
and the U.S. among others. In fact, accord- ment related to design software, IP rights announced — a $3 billion plant in Karnataka and R&D, for which India already has an es- setting up of one
ing to a New York Times estimate, 90% of etc. According to the Electronics and IT Mi- by the International consortium ISMC and a tablished talent pool. semiconductor fab requires an
5nm (nanometre) chips are mass-produced nistry, semiconductor demand in India $3.5 billion plant in Tamil Nadu by Singa- Chip-making also requires gallons of ul- investment of anywhere
in Taiwan, by the Taiwan Semiconductor would increase to $70-$80 billion by 2026 pore’s IGSS Ventures. The modified scheme trapure water in a single day, which experts between $3 and $7 billion.
Manufacturing Company (TSMC). There- with the growing demand for digital devic- also emphasised the production of the say, could be a task for the government to
fore, the global chip shortage, U.S.-China es and electronic products. 45nm chip, which is fairly less time-con- provide to factories, compounded also by
tensions over Taiwan, and the supply chain The new changes announced last Wed- suming and economical in terms of the drought conditions which often prevail
blockages owing to the Russia-Ukraine con- nesday seek to harmonise government in- production. in large parts of the country. Another task
flict have led major economies to enter the centives for all technology nodes of semi- for the government is to drive up consumer
chip-making sector with a renewed push. conductors, according to the Minister of What are the challenges? demand in the semiconductor and linked
For example, the U.S. announcement of State for Electronics and IT Rajeev Chan- While the scheme is an encouraging move, electronics industry to not end up in a sit-
$52.7 billion in government funding for the drasekhar. In the previous version of the chip production is a resource-intensive and uation where these ventures remain suc-
CHIPS and Science Act and the EU’s Chips scheme, the Centre was offering to fund expensive process. While the new scheme cessful only till taxpayers are forced to fund
Act that will mobilise €43 billion for public 30% of the project cost for 45nm to 65nm provides equal funding for all steps of the required subsidies.
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Catalog

UNSC list 1267··················································································································································································· 1

GHI····································································································································································································· 2
NayaYana Buddhism·········································································································································································· 3
Moon Lighting····················································································································································································· 4
criterion for SC status········································································································································································· 5
Mediation Bill······················································································································································································ 6
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Held up by the Chinese

Why does China keep blocking the names India suggests for listing under the United Nations Security Council’s list of terrorists who are affiliated to the Al Qaeda and ISIS?
Which was the most recent event? What is the mandate of the 1267 Committee that was set up in 1999 by the United Nations?

EXPLAINER THE GIST

Suhasini Haidar D
China placed a “hold” on a
The story so far: joint India-U.S. proposal, to

O
n Wednesday, China placed a designate Lashkar-e-Taiba
“hold” on a joint India-U.S. propo- commander Shahid Mehmood
sal, to designate Lashkar-e-Taiba under the United Nations
commander Shahid Mehmood under the Security Council’s (UNSC) 1267
United Nations Security Council’s (UNSC) list of terrorists affiliated to Al
1267 list of terrorists affiliated to Al Qaeda Qaeda and ISIS.
and ISIS. The hold marked the fourth time
China had attempted to block a listing
D
move by India and the U.S. in the past four When asked by The Hindu in
months. August this year for a reason
for the persistent “holds” on
What does “placing a hold” mean? India’s requests for various
The 1267 committee that was set up in terror listings, Chinese
1999 (updated in 2011 and 2015) allows any Ambassador to India Sun
UN member state to propose adding the Weidong said they needed
“some time to study these
name of a terrorist or terror group to a
specific cases, but that doesn’t
consolidated list, maintained by the Com-
mean China has changed its
mittee, that has affiliations to Al Qaeda and position on counter-terrorism
ISIS. India has successfully proposed the Terror strikes: Security men inspect a site blast in the Lethpora area of south Kashmir’s Pulwama district in 2019. NISSAR AHMAD
cooperation efforts.”
listing of several terror entities in the past
two decades, including Pakistan-based number of listing proposals relating main- ings, Chinese Ambassador to India Sun has tried a number of different ways to D
Jaish-e-Mohammed ( JeM) and Lashkar-e- ly to Pakistan-based groups and their lead- Weidong said they needed “some time to build international consensus on cross- Since the Mumbai attacks in
Taiba. According to the rules, once a list- ers, given the close bilateral ties between study these specific cases, but that doesn’t border terrorism, and the UNSC terror list- 2008, India has tried a number
ing is proposed, it will be adopted into the the two countries. Most notable was Chi- mean China has changed its position on ings have been one such route. While Chi- of different ways to build
list according to a “no-objections” proce- na’s objections to the listing of JeM founder counter-terrorism cooperation efforts.” In na has blocked many of the listings, there international consensus on
dure: which means, if any member of the Masood Azhar. Azhar was released from addition, it is possible that China objects to are hundreds of names of terrorists and cross-border terrorism, and the
Committee, which comprises all members prison by India in 1999 and handed over to the listing proposals being brought by a entities in Pakistan that pose a threat to In- UNSC terror listings have been
of the UN Security Council, places a hold terrorists in return for hostages onboard group of countries, especially the joint dia. As a UN member state, Pakistan has an one such route.
on the listing or objects outright to it, the Indian Airlines flight IC-814, which should proposals by India and the U.S. rather than obligation under the sanctions to block ac-
listing cannot be adopted. As a permanent have left little doubt about Azhar’s own by India alone, but has never given any cess for all designated entities to funds,
member of the UNSC, China can do this status as a terrorist. While the JeM was list- comprehensive reason for the holds. At arms and travel outside its jurisdiction.
any number of times as its term doesn’t ed at the UNSC in 2001, and Azhar was the UNSC meet in August, India’s Perma- This is something India has also pur-
run out, and it carries a veto vote. mentioned as the group’s founder, he nent Representative to the UN Ruchira sued with the Paris-based Financial Action
The Committee is bound to resolve all wasn’t designated for several years. Even Khamboj had called for an end to the prac- Task Force, where Pakistan was placed on
such pending issues within six months, after the Parliament attack and the Mum- tice of placing holds and blocks on listing a “grey list” due to its inability to curb ter-
but can allow extensions, meaning that bai 26/11 attacks, China kept placing a hold requests “without giving any justification”. ror financing and money laundering from
technically at the end of the six-month pe- on the UNSC terror listing proposals for “It is most regrettable that genuine and 2012-2015 and 2018-2022. While Pakistan is
riod, the “holding” country has to decide him: in 2009, 2010, 2016-18, claiming it evidence-based listing proposals pertain- likely to be taken off that list this week, it
whether to accept the listing or place a had “inadequate information” on Masood ing to some of the most notorious terro- has had to carry out several actions against
permanent objection to it. However, in Azhar’s terror activities. In May 2019, three rists in the world are being placed on hold. terror entities on its soil, and will continue
practice, many of the listing proposals months after the Pulwama attacks that Double standards and continuing politici- to be under scrutiny.
have had prolonged waits. were traced to the JeM, China finally with- sation have rendered the credibility of the Finally, India and the U.S. have built
drew its hold. sanctions regime at an all-time low.” their own separate list of “most wanted”
What are the reasons China has given When asked by The Hindu in August this terrorists that document the cases against
for holding the listings? year for a reason for the persistent “holds” Does India have options? them, with a view to eventually receiving
Since 2001, China has placed holds on a on India’s requests for various terror list- Since the Mumbai attacks in 2008, India global cooperation on banning them.
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Understanding the Global Hunger Index
On what indicators is the GHI computed? Why did the Ministry of Women and Child Development reject the report and call it “an erroneous measure of
hunger”? Why are child-centric metrics used to calculate global hunger?

EXPLAINER THE GIST

Saptaparno Ghosh D
The Ministry of Women and
The story so far: Child Development on

F
or the second time in two years, the Saturday rejected the Global
Ministry of Women and Child Deve- Hunger Index (GHI) that ranked
lopment on Saturday rejected the India 107 among 121 countries.
Global Hunger Index (GHI) that ranked In- The GHI is a peer-reviewed
dia 107 among 121 countries. India was ac- annual report that endeavours
corded a score of 29.1 out of 100 (with 0 re- to “comprehensively measure
presenting no hunger), placing it behind and track hunger at the global,
Sri Lanka (66), Myanmar (71), Nepal (81) regional, and country levels”.
and Bangladesh (84). It referred to the in-
D
dex as “an erroneous measure of hunger”.
As per the Ministry, the report
What is the Global Hunger Index? lowers India’s rank based on
The GHI, is a peer-reviewed annual report the estimates of the Proportion
that endeavours to “comprehensively of Undernourished (PoU)
measure and track hunger at the global, re- population. It elaborates that
the U.S. Food and Agriculture
gional, and country levels”. Authors of the
Organisation (FAO) estimate is

GETTY IMAGES
report primarily refer to the United Na-
based on the ‘Food Insecurity
tions’ Sustainable Development Goal 2 Experience Scale (FIES)’ survey
(SDG 2) that endeavours to achieve ‘Zero module that bears a sample
Hunger’ by 2030. According to them, the size of 3,000 respondents. It
report attempts to “raise awareness and stated that the data
understanding of the struggle against hun- tainable age — they are not growing but The GHI website provides important ulation as a whole and the effects of in- represented a miniscule
ger”. The GHI score is computed using rather subsisting on nutrition for healthy clarifications on these points raised by the adequate nutrition within a vulnerable proportion for a country of
four broad indicators — undernourish- survival. And lastly, on the same rationale, government. It explains that while FAO us- subset of the population are captured.” In India’s size.
ment (measure of the proportion of the child mortality indicates the serious con- es a suite of indicators on food security, in- fact, a Senior Policy Officer at the GHI said
population facing chronic deficiency of sequences of hunger. cluding two important indicators — preva- that, “All four indicators used in the calcu- D
dietary energy intake), child stunting (low lence of undernourishment and lation of the global hunger are recognised The GHI website explains that
height for age), child wasting (low weight What allegations are we looking at? prevalence of moderate or severe food in- by the international community, including while FAO uses a suite of
for height) and child mortality (death of a As per the Ministry for Women and Child security based on FIES — the GHI only uses India, and used for measuring progress to- indicators on food security, the
child under the age of five). Development, the report lowers India’s the PoU obtained through food balance wards the UN SDGs.” GHI only uses the PoU
rank based on the estimates of the Propor- sheets based on data reported by member obtained through food balance
Why these four metrics? tion of Undernourished (PoU) population. countries, including India. A food balance Why the controversy? sheets based on data reported
Undernourishment, as per the authors, It elaborates that the U.S. Food and Agri- sheet provides a comprehensive picture of According to the Ministry, the report is not by member countries,
provides a basis to measure inadequate ac- culture Organisation (FAO) estimate is the pattern of a country’s food supply dur- only disconnected from ground reality but including India.
cess to food and is among the lead indica- based on the ‘Food Insecurity Experience ing a specified reference period. It lists also chooses to ignore the food security ef-
tors for international hunger targets, in- Scale (FIES)’ survey module conducted us- down the source of the supply and its util- forts of the Central government especially
cluding the UN SDG 2. Child stunting and ing the Gallup World Poll, that bears a sam- isation specific to each food category. during the pandemic. The Union Cabinet
mortality, offers perspective about the ple size of 3,000 respondents being asked On why the GHI uses three child-specif- through the Pradhan Mantri Garib Kalyan
child’s vulnerability to nutritional deficien- eight questions. It stated that the data re- ic indicators out of the four to calculate Ann Yojna (PM-GKAY), provisioned an ad-
cies, access to food and quality of nutri- presented a miniscule proportion for a hunger for a country’s population, the ditional 5 kg ration per person each month
tion. Since children (especially below five) country of India’s size. It countered the as- website explains, “By combining the pro- in addition to their normal quota of food-
are at a developmental age there is a grea- sertions in the report pointing to India’s portion of undernourished in the popula- grains. According to Professor of Econom-
ter and urgent requirement for nutrition per capita dietary energy supply increas- tion (1/3 of the GHI score) with the indica- ics at the Ambedkar University, Dipa Sin-
with results particularly visible. This forms ing year-on-year due to enhanced produc- tors relating to children under age five (2/3 ha, the schemes definitely helped ease the
the basis of assessing nutritional require- tion of major agricultural commodities in of the GHI score), the GHI ensures that situation but fell short of being adequate.
ment among children. Adults are at a sus- the country over the years. both the food supply situation of the pop- With inputs from Jagriti Chandra

LETTER & SPIRIT

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The Ashoka Vijaya Dashami controversy
Why did Aam Aadmi Minister Rajendra Pal Gautam attending a Buddhist Conversion Day event create uproar? What is the history of the Day and how is
Ambedkar linked to the event? What are the rituals followed and what do they signify?

EXPLAINER THE GIST

Harish S. Wankhede D
On October 5, Mission Jai Bhim
The story so far: and The Buddhist Society of

O
n October 5, Mission Jai Bhim and India organised a public
The Buddhist Society of India or- meeting in Delhi to
ganised a public meeting in Delhi commemorate Buddhist
to commemorate Buddhist Conversion Conversion Day. Aam Aadmi
Day. Every year Dussehra is also celebrat- Minister Rajendra Pal Gautam
ed as Ashoka Vijaya Dashami to commem- participated in the event in his
orate Buddhist Conversion day. On Octob- personal capacity. Along with
er 14, 1956, B. R. Ambedkar along with the thousands of people
more than half a million followers had em- assembled, he recited the 22
braced Buddhism in Nagpur, Maharashtra. vows. The BJP objected to Mr.
This year, a Minister in the Aam Aadmi go- Gautam’s presence at the
vernment in Delhi, Rajendra Pal Gautam, event and his recitation of the
participated in the event in his personal vows. He was accused of
spreading anti-Hindu
capacity. Along with the thousands of peo-
sentiments. Following the
ple assembled, he recited the 22 vows,
uproar, Mr. Gautam resigned
which is part of the ritual. The Bharatiya on October 9.
Janata Party (BJP) objected to Mr. Gautam’s
presence at the event and his recitation of D
the vows. He was accused of spreading an- The Buddhist Conversion Day
ti-Hindu sentiments. The BJP sought the celebrates the day B. R.
resignation of Chief Minister Arvind Kejri- A blue wave: The Deekshabhoomi illuminated on the eve of the 66th Buddhist Conversion Day, in Nagpur on October 4. PTI Ambedkar along with more
wal and following the uproar, Mr. Gautam than half a million followers
resigned on October 9. vided into three major sections. In the first emancipation of the socially marginalised the post-event deliberation, Ambedkar embraced Buddhism in
part, it pledges to refuse to worship the communities. The decision to embrace called his version of Buddhism Navayana Nagpur, Maharashtra.
Are the 22 vows controversial? Hindu pantheon or to follow Hindu reli- Buddhism arrived after a detailed contem- (followers are called neo-Buddhists), diffe- Ambedkar opted for Buddhism
Modern history has admired Ambedkar as gious dogmas (vows no. 1, 2, 3, 5 and 21 ). plation on various religions to understand rentiating it with the Mahayana and Vaj- for its rational and progressive
a revolutionary social reformer. His writ- Second, it challenges the authority of the the suitability of each to liberate socially rayana traditions of Buddhism. Every year values. The 22 vows he
ings on social questions offer deep intellec- Brahmin priest (vows no. 4, 6, 8 and 19). marginalised communities. He reached in October, lakhs of people assemble at delivered during the ceremony
tual and critical inquiry about the pro- The rest promises to follow Buddhist prin- the conclusion that Buddhism is an appro- Nagpur’s Deekshabhoomi to pay homage initiated a radical escape for
blems of an exploitative Hindu caste order. ciples. priate choice as it had challenged the Brah- to Ambedkar and to celebrate the historic the convert from Hindu caste
He wanted to end the inhuman practice of manical caste-based social hierarchies in day. and cultural folds.
untouchability. His academic work is well- What is Navayana Buddhism? the past; it focused on modern ethical va- D
known for the scrutiny of Hindu philo- On October 13, 1935, Ambedkar, as presi- lues and a scientific temperament and What is the demographic status of
sophical texts. Though several nationalist dent of the ‘Yeola Conversion Conference’ preached peace and compassion for social neo-Buddhists in India today? Ambedkar called his version of
leaders, including Gandhi, disagreed with near Nasik, announced his decision to re- coexistence. Ambedkar embraced Budd- The Buddhist population is a mere 0.70%, Buddhism Navayana (followers
Ambedkar, they accepted him as a com- nounce Hinduism, as a path to contest the hism in a grand ceremony at Nagpur’s of which 87% are neo-Buddhists. Further, are called neo-Buddhists),
mitted leader who wanted to liberate so- Hindu caste order. He asked the assem- Deekshabhoomi, where more than five a large majority of it (around 80%) reside differentiating it with the
Mahayana and Vajrayana
cially marginalised communities from the bled members from the depressed castes lakh followers had assembled to follow his in Maharashtra (5.8% of the total popula-
traditions of Buddhism.
stranglehold of caste. to abandon struggles such as the temple- decision. Under the presence of monk tion). The rest are traditional Buddhists
Ambedkar opted for Buddhism for its entry agitations and advised them to leave Chandramani, Ambedkar and his wife and are scattered mainly in north-eastern
rational and progressive values that chal- Hinduism entirely and embrace another took the Buddhist vows. He then recited States like Sikkim, Arunachal Pradesh,
lenge some of the fundamental beliefs of religion. However, the decision to adopt the three jewels (Trisharan), five precepts Mizoram and Tripura, etc. There has been
Hinduism. The 22 vows he delivered dur- Buddhism was not announced then. For (Panchsheel), pronounced the self-crafted a decline in the growth rate of Buddhists in
ing the conversion ceremony initiated a the next two decades, Ambedkar was en- 22 vows for the assembled people and re- India in recent years.
radical escape for the convert from Hindu gaged in social and political deliberation to nounced Hinduism. The event is marked Harish S. Wankhede teaches at the Center
caste and cultural folds. The vows are di- draft policies and find avenues for the as the renaissance of Buddhism in India. In for Political Studies, JNU
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Is it time for the gig economy?
What is moonlighting and how is it affecting the companies in India? Is it a punishable offence under the law? How has the work-from-home culture
affected the gig economy of our country?

EXPLAINER THE GIST

K. Bharat Kumar D
Moonlighting is a state where
The story so far: employees work for

M
oonlighting — or employees remuneration with entities
working for remuneration with other than their employers. It is
entities other than their em- not defined in any of the
ployers — has been a hot topic in recent statutes in India. However,
months. During the pandemic, those with there are enactments that deal
desk jobs had more time on their hands with double employment.
and thus it was easier to take on a few pro-
jects outside of work. In July, Kotak Secur-
D
ities said in a study that at least 60% of 400 Moonlighting is subject to law
employees surveyed said they themselves of the land. The sphere of
had, or knew someone who had engaged employment cannot be
in moonlighting. extended by the employer
beyond working hours and
How are companies reacting to outside his place of
moonlighting? employment.
In August, Wipro chairman Rishad Premji D
tweeted: “There is a lot of chatter about
ISTOCKPHOTO The Courts of law in India
people moonlighting in the tech industry.
dealing with employment are
This is cheating — plain and simple.” The
Writ Courts and Labour Courts,
company sacked 300 employees following stating that “No adult worker shall be re- ty hours and at any place wherever they employment are Writ Courts and Labour which exercise jurisdiction
the discovery that they were working for quired or allowed to work in any factory may be was conferred upon the employer, Courts. These Courts exercise jurisdiction based on equity or fairness.
rival firms on the side, leading to conflict on any day on which he has already been contract of service may be reduced to con- based on equity or fairness. Therefore, the Therefore, the Courts may lean
of interest. Infosys has warned staff against working in any other factory, save in such tract of slavery.” This case was not specifi- Courts may lean in favour of the employee in favour of the employee
moonlighting, saying it could lead to termi- circumstances as may be prescribed”. Ho- cally about moonlighting but the court’s unless the contravention of the employee unless the contravention of the
nation. wever, this enactment is applicable only to observation gives us an idea as to how the has led to serious prejudice and loss to the employee has led to serious
Another software firm DXC Technolo- employees working in factories, Mr. Ravin- law may view such cases. employer, he adds. prejudice and loss to the
gies said that moonlighting by employees dran points out. Moonlighting is subject to law of the The Minister of State for Skill Develop- employer.
was a challenge for employers but that There are State enactments which deal land. The sphere of employment cannot ment and Entrepreneurship, and Elec-
wouldn’t affect its WFH (work from home) with employment of persons working in be extended by the employer beyond tronics and IT, Rajeev Chandrasekhar said
policy that has worked well for both the offices, banks, shops, etc. In Tamil Nadu, it working hours and outside his place of em- that employers should not to suppress em-
firm and its staff. Swiggy announced a is termed as “The Tamil Nadu Shops & Es- ployment, which is the principle laid ployees who want to monetise, develop
‘moonlighting policy’ that allows em- tablishments Act, 1947”. However, there is down in the above judgment. In other and demonstrate but also urged em-
ployees “to pursue their passion for eco- no provision wherein dealing with dual words, the employee can choose to ar- ployees not to violate their agreements
nomic interests alongside their full-time employment. range his affairs as he pleases beyond the with employers.
employment.” However, moonlighting is subject to law working hours of the employer. In today’s world, every company ought
of the land. Mr. Ravindran refers to the Su- to have a gig economy strategy. Paul Estes,
What does the law say? preme Court’s observation in the case of Does the law lay out punitive action author of the book Gig Mindset, said, “Not
Moonlighting is not defined in any of the Glaxo Laboratories (I) Limited vs Labour against moonlighting? having one is like missing the Internet re-
statutes in India, says S. Ravindran, Senior Court, Meerut and others. The apex court Mr. Ravindran avers that unless an em- volution of 1990 or the mobile revolution
Advocate who specialises in labour laws. held that “The employer has hardly any ployer is able to prove that an employee in 2010.”
“To my knowledge so far, no Constitution- extra territorial jurisdiction. He is not the acted against the interest of the company, In the last century, work from home
al Court has rendered a decision on the custodian of general law and order situa- Courts may not uphold severe punishment was never thought of. But in the current
subject,” he says. However, there are tion nor the Guru or mentor of his work- of termination of employment. “We have times, it has become a common norm.
enactments that deal with double employ- men for their well-regulated cultural ad- to wait for precedents in this regard,” he Likewise, maybe we are indeed on the
ment. Section 60 of the Factories Act deals vancement. If the power to regulate the says. cusp of change when it comes to the gig
with restriction on double employment behaviour of the workmen outside the du- The Courts of law in India dealing with economy.
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The criterion for SC status

Why are Dalit Christians and Dalit Muslims excluded from the Constitution (Scheduled Castes) Order of 1950? On what basis were Dalit Sikhs and Dalit Buddhists
added to the Order in 1956 and 1990 respectively?

EXPLAINER THE GIST

Abhinay Lakshman D
The Supreme Court of India
The story so far: has sought the most recent

T
he Supreme Court of India has position of the Union
sought the most recent position of government on a batch of
the Union government on a batch petitions challenging the
of petitions challenging the Constitution Constitution (Scheduled
(Scheduled Castes) Order of 1950, which Castes) Order of 1950, which
allows only members of Hindu, Sikh and allows only members of Hindu,
Buddhist religions to be recognised as SCs. Sikh and Buddhist religions to
be recognised as Scheduled
Who all are included in the Castes.
Constitution Order of 1950? D
When enacted, the Constitution (Sche-
duled Castes) Order of 1950, initially pro- The Union government in 2019
vided for recognising only Hindus as SCs, rejected the possibility of
to address the social disability arising out including Dalit Christians as
of the practice of untouchability. The Or- members of SCs rooting the
exclusion on an Imperial Order
der was amended in 1956 to include Dalits
of 1936 of the then colonial
who had converted to Sikhism and once
government, which had first
more in 1990 to include Dalits who had classified a list of the
converted to Buddhism. Both amend- Depressed Classes and
ments were aided by the reports of the Ka- specifically excluded “Indian
ka Kalelkar Commission in 1955 and the Toward representation: Dalit Christians staging a protest in Dindigul, Tamil Nadu, on August 9 seeking inclusion in the Scheduled Castes list. KARTHIKEYAN G Christians” from it.
High Powered Panel (HPP) on Minorities,
Scheduled Castes and Scheduled Tribes in and Sikh communities. It also noted that upon Christians and Muslims. The 2001 vel Committee formed in 2006, a 2008 D
1983 respectively. On the other hand, the such a move would significantly swell the note also stated that Christians and Mus- study conducted by the National Commis- Even though several
Union government in 2019 rejected the population of SCs across the country. Ho- lims of Dalit origin had lost their caste sion for Minorities, the Ranganath Misra independent Commission
possibility of including Dalit Christians as wever, the amendment to include Budd- identity by way of their conversion and Commission Report and several other stu- reports have documented the
members of SCs, rooting the exclusion on hist converts as SCs was passed in 1990, that in their new religious community, the dies. In addition to this, the petitions have existence of caste and caste
an Imperial Order of 1936 of the then colo- which at the time did not require the ap- practice of untouchability is not prevalent. argued against the proposition that caste inequalities among Indian
nial government, which had first classified proval of the RGI — a mandate introduced identity is lost upon conversion, noting Christians and Indian Muslims,
a list of the Depressed Classes and specifi- in the rules for inclusion framed in 1999. In Is there a case for inclusion? that even in Sikhism and Buddhism, cas- the Union government refuses
cally excluded “Indian Christians” from it. 2001, when the RGI again opined against The petitions arguing for inclusion have teism is not present and yet they have to accept these reports on the
including Dalit Christians and Muslims as cited several independent Commission re- been included as SCs. Furthermore, the basis that they do not have
Why are Dalit Christians excluded? SCs, it referred to its 1978 note and added ports that have documented the existence above-mentioned reports argue that caste- enough empirical evidence to
Ever since the amendment to include that like Dalit Buddhists, Dalits who con- of caste and caste inequalities among In- based discrimination continues even after support their claims.
Sikhs as SCs in 1956, the Office of the Regis- verted to Islam or Christianity belonged to dian Christians and Indian Muslims, not- conversion, hence entitling these com-
trar General of India (RGI) has been reluc- different sets of caste groups and not just ing that even after conversion, members munities to SC status. However, the Union
tant in expanding the ambit of the Order one, as a result of which they cannot be ca- who were originally from SCs continued to government refuses to accept the reports
beyond members of Hinduism or Sikhism. tegorised as a “single ethnic group”, which experience the same social disabilities. of the Commissions on the basis that these
Responding to the Ministry of Home Af- is required by Clause (2) of Article 341 for This was substantiated in the First Back- reports do not have enough empirical evi-
fairs’s (MHA) 1978 request for an opinion inclusion. Moreover, the RGI opined that ward Classes Commission’s report in 1953, dence to support their claims. Advocate
on the inclusion of Dalit Buddhists and since the practice of “untouchability” was the Report of the Committee on Untouch- Franklin Ceasar Thomas, who represents
Christians, the RGI had cautioned the go- a feature of Hindu religion and its branch- ability Economic and Educational Deve- some Dalit Christian bodies, said that,
vernment that SC status is meant for com- es, allowing the inclusion of Dalit Muslims lopment Of the Scheduled Castes in 1969, “Such empirical evidence did not exist for
munities suffering from social disabilities and Dalit Christians as SCs could result in the HPP report on SCs, STs, and Minorities including Sikh or Buddhist converts either
arising out of the practice of untouchabili- being “misunderstood internationally” as in 1983, the Mandal Commission Report, and yet they were included as SCs in 1956
ty, which it noted was prevalent in Hindu India trying to “impose its caste system” the report of the Prime Minister’s High-Le- and 1990 respectively.”
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The Mediation Bill, 2021
What are the changes which the Parliamentary Standing Committee has recommended to the draft Bill introduced in the Rajya Sabha last year? Will pre-litigation
mediation be mandatory for all disputes before filing a suit in court?

EXPLAINER THE GIST

D
G. S. Bajpai
Vikram Karuna The Mediation Bill, 2021 was
introduced in the Rajya Sabha
on December 20, 2021, with the
The story so far: Parliamentary Standing

T
he Mediation Bill, 2021 was intro- Committee being tasked with a
duced in the Rajya Sabha on De- review of the Bill. The
cember 20, 2021, with the Parlia- committee’s report to the
mentary Standing Committee being tasked Rajya Sabha was submitted on
with a review of the Bill. The committee’s July 13, 2022.
report to the Rajya Sabha was submitted
D
on July 13, 2022. In its report, the Commit-
tee recommends substantial changes to The Bill proposes mandatory
the Mediation Bill, aimed at institutionalis- mediation before litigation. At
ing mediation and establishing the Media- the same time, it safeguards
tion Council of India. the rights of litigants to
approach competent
Why does India need to promote adjudicatory forums/courts for
urgent relief. The mediation
mediation?
process will be confidential
While there is no standalone legislation for
and immunity is provided
mediation in India, there are several sta- against its disclosure in certain
tutes containing mediation provisions, cases. It also establishes the
such as the Code of Civil Procedure, 1908, Mediation Council of India and
the Arbitration and Conciliation Act, 1996, also provides for community
the Companies Act, 2013, the Commercial mediation.
Courts Act, 2015, and the Consumer Pro-
tection Act, 2019. The Mediation and Con- ISTOCKPHOTO D
ciliation Project Committee of the Su- According to the Bill,
preme Court of India describes mediation provided against its disclosure in certain which cannot be fettered or restricted. Me- tional mediation to be domestic when it is pre-litigation mediation is
as a tried and tested alternative for conflict cases. The outcome of the mediation pro- diation should just be voluntary and mak- conducted in India with the settlement be- mandatory for both parties
resolution. As India is a signatory to the cess in the form of a Mediation Settlement ing it otherwise would amount to denial of ing recognised as a judgment or decree of before filing any suit or
Singapore Convention on Mediation (for- Agreement (MSA) will be legally enforcea- justice. Additionally, according to Clause a court. The Singapore Convention does proceeding in a court. Parties
mally the United Nations Convention on ble and can be registered with the State/ 26 of the Bill, court-annexed mediation, in- not apply to settlements that already have who fail to attend pre-litigation
International Settlement Agreements Re- district/taluk legal authorities within 90 cluding pre-litigation mediation, will be the status of judgments or decrees. As a re- mediation without a
sulting from Mediation), it is appropriate days to ensure authenticated records of conducted in accordance with the direc- sult, conducting cross-border mediation in reasonable reason may incur a
to enact a law governing domestic and in- the settlement. The Bill establishes the Me- tions or rules framed by the Supreme India will exclude the tremendous benefits cost. However, as per Article 21
ternational mediation. diation Council of India and also provides Court or High Courts. However, the Com- of worldwide enforceability. of the Constitution, access to
for community mediation. mittee objected to this. It stated that Clause justice is a constitutional right
What are the key features of the Bill? 26 went against the spirit of the Constitu- What next? which cannot be fettered or
The Bill aims to promote, encourage, and What are the concerns with the Bill? tion. In countries that follow the Common In order to enable a faster resolution of dis- restricted. Furthermore, the Bill
considers international
facilitate mediation, especially institution- According to the Bill, pre-litigation media- Law system, it is a healthy tradition that in putes, the Bill should be implemented af-
mediation to be domestic
al mediation, to resolve disputes, commer- tion is mandatory for both parties before the absence of statutes, apex court judg- ter discussion with stakeholders. If the is-
when it is conducted in India
cial and otherwise. filing any suit or proceeding in a court, ments and decisions carry the same sues of the Bill aren’t fixed, our aspirations with the settlement being
The Bill further proposes mandatory whether or not there is a mediation agree- weight. The moment a law is passed ho- to become an international mediation hub recognised as a judgment or
mediation before litigation. At the same ment between them. Parties who fail to at- wever, it becomes the guiding force rather for easy business transactions could be decree of a court.
time, it safeguards the rights of litigants to tend pre-litigation mediation without a than the instructions or judgments given crushed before they’ve even begun.
approach competent adjudicatory forums/ reasonable reason may incur a cost. Ho- by the courts. Therefore, Clause 26 is un- G.S. Bajpai is the Vice Chancellor, Rajiv
courts for urgent relief. The mediation pro- wever, as per Article 21 of the Constitution, constitutional. Gandhi National University of Law, Punjab
cess will be confidential and immunity is access to justice is a constitutional right Furthermore, the Bill considers interna- where Vikram Karuna is Assistant Professor
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Catalog

UCC······································································································································································································ 1
Dhara Mustard Hybrid-11····································································································································································· 2
Aviation Sector····················································································································································································· 3
IT Rules································································································································································································ 4
SEBi reforms to tackle information asymmetry····································································································································· 5
DPDP BIll······························································································································································································ 8
COP 27 article 2················································································································································································· 13
Delhi Air Pollution Kundli···································································································································································· 16
Black Sea Grain Initiative····································································································································································17
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The Uniform Civil Code
What were the Constituent Assembly debates about the UCC? What were the different arguments? Is uniformity even desirable for a nation that is as diverse as
India? How have Courts looked upon the implementation of the UCC?

EXPLAINER THE GIST

Diksha Munjal D
Gujarat has joined the list of
The story so far: BJP-ruled States that have

A
head of the upcoming Assembly called for implementing the
elections, Gujarat on October 29 Uniform Civil Code (UCC). While
joined the list of BJP-ruled States there is no draft or model
that have called for implementing the Un- document yet for the UCC, the
iform Civil Code (UCC). Gujarat Home Mi- framers of the Constitution
nister Harsh Sanghavi along with Union envisioned that it would be a
Minister Parshottam Rupala announced uniform set of laws that would
that the State will constitute a committee replace the distinct personal
headed by a retired High Court judge to laws of each religion.
evaluate all aspects for implementing the D
UCC.
The clause on UCC generated
What did the Constituent Assembly substantial debate in the
say about the UCC? Constituent Assembly about
Article 44 contained in part IV of the Con- whether it should be included
as a fundamental right or a
stitution says that the state “shall endea-
directive principle. Dr. B.R.
vour to secure for the citizens a uniform ci-
Ambedkar felt that while
vil code throughout the territory of India”. desirable, the UCC should
While there is no draft or model document remain “purely voluntary” in
yet for the UCC, the framers of the Consti- the initial stages. He stated
tution envisioned that it would be a un- that the Article “merely”
iform set of laws that would replace the proposed that the state shall
distinct personal laws of each religion with endeavour to secure a UCC,
regard to matters like marriage, divorce, which means it would not
adoption, and inheritance. Part IV of the impose it on all citizens.
Constitution outlines the Directive Princi-
ples of State Policy, which, while not enfor- D
ceable or justiciable in a court of law, are ‘Uniform’ diversity: Large number of men and women from various Muslim organisations in a protest against the Uniform Civil Code in 2016. FILE PHOTO It has been argued that while
fundamental to the country’s governance. India does have uniformity in
The clause on UCC generated substan- have uniformity in most criminal and civil stance, the Shariat Act is not applicable in court while deciding whether to give pre- most criminal and civil matters
tial debate in the Constituent Assembly matters like the Criminal Procedure Code, Jammu and Kashmir and Muslims conti- valence to the CrPc or the Muslim personal like the Criminal Procedure
about whether it should be included as a Civil Procedure Code, and the Contract nue to be governed by customary law law, called for the implementation of the Code and the Civil Procedure
fundamental right or a directive principle. Act, States have made over 100 amend- which is at variance with the Muslim per- UCC. Code, States have made over
The matter had to be settled by vote; with ments to the CrPC and IPC, as well as sev- sonal law in the rest of the country. The ap- The Court also called on the govern- 100 amendments to the CrPC
a majority of 5:4, wherein the sub-commit- eral amendments to civil laws. For in- plicability also varies for certain sects of ment to implement the UCC in the 1995 and IPC, as well as several
tee on fundamental rights headed by Sar- stance, BJP-ruled States reduced the fines Muslims. Besides, many tribal groups in Sarla Mudgal judgement as well as in the amendments to civil laws.
dar Vallabhbhai Patel decided that secur- prescribed and justified by the Centre un- the country, regardless of their religion, Paulo Coutinho vs Maria Luiza Valentina Similarly, looking at the
codified personal laws of
ing a UCC was not within the scope of der the amended Motor Vehicles Act. follow their own customary laws Pereira case (2019).
various communities in India —
fundamental rights. Another example could be that the law of
Experts argue that if there is all Hindus are not governed by
Members of the Assembly took starkly anticipatory bail differs from one State to What has the Law Commission said? a homogenous personal law
contrasting stances on the UCC. Some also another. plurality in already codified civil The Modi government in 2016 requested even after the enactment of
felt that India was too diverse a country for Experts thus argue that if there is plural- and criminal laws, how can the the Law Commission of India to determine the Hindu Code Bill, neither are
the UCC. Member Naziruddin Ahmad ity in already codified civil and criminal concept of ‘one nation, one law’ how to form a code in the presence of Muslims and Christians under
from Bengal argued that certain civil laws laws, how can the concept of ‘one nation, be applied to diverse personal “thousands of personal laws” in the coun- their personal laws.
in all communities were “inseparably con- one law’ be applied to diverse personal try. In 2018, the Law Commission submit-
laws of various communities
nected with religious beliefs and practic- laws of various communities? Besides, ted a 185-page consultation paper on the
es”. He felt the UCC would come in the constitutional law experts argue that per- reform of family law. The paper stated that
way of Article 19 of the draft Constitution haps the framers did not intend total un- While the Supreme Court in 2019 hailed a unified nation did not necessarily need
(now Article 25) which guarantees the iformity, which is why personal laws were Goa as a “shining example” of an Indian “uniformity”, adding that secularism
right to freedom of religion subject to pu- placed in entry 5 of the Concurrent List, State which has a functioning UCC, ex- could not contradict the plurality preva-
blic order, morality, and health. While he with the power to legislate being given to perts point out that the ground reality in lent in the country. In fact, the term “secu-
was not against the idea of a uniform civil Parliament and State Assemblies. Goa is more complex and that the Code larism” had meaning only if it assured the
law, he argued that the time for that had Looking at the codified personal laws of has legal pluralities. The Goa Civil Code expression of any form of difference, the
not yet come, adding that the process had various communities in India — all Hindus was given by the Portuguese in 1867; it per- Commission noted. While saying that a
to be gradual and not without the consent are not governed by a homogenous perso- mits a certain form of polygamy for Hindus UCC “is neither necessary nor desirable at
of the concerned communities. nal law even after the enactment of the while the Shariat Act for Muslims has not this stage”, the report recommended that
Member K.M. Munshi however, rejected Hindu Code Bill, neither are Muslims and been extended to Goa with Muslims of the discriminatory practices, prejudices and
the notion that a UCC would be against the Christians under their personal laws. Even State being governed by Portuguese law as stereotypes within a particular religion
freedom of religion as the Constitution al- at the time of drafting the Hindu Code Bill, well as Shastric Hindu law. The Code gives and its personal laws should be studied
lowed the government to make laws cover- several of its provisions actually sought to certain concessions to Catholics as well. and amended. The Commission suggested
ing secular activities related to religious locate the complex links between the im- Catholics need not register their marriages certain measures in marriage and divorce
practices if they were intended for social portance of inheritance, succession rights and Catholic priests can dissolve marriag- that should be uniformly accepted in the
reform. He advocated for the UCC, stating and the right to divorce. But facing es performed in church. personal laws of all religions. Some of
benefits such as promoting the unity of the staunch opposition from conservative Meanwhile, the BJP’s 2019 manifesto as these amendments include fixing the mar-
nation and equality for women. He said quarters, it was amended, diluted, and wa- well as the Uttarakhand Chief Minister riageable age for boys and girls at 18 years
that if personal laws of inheritance, suc- tered down multiple times to finally be Pushkar Singh Dhami’s UCC committee so that they are married as equals, making
cession and so on were seen as a part of re- separated into four different Acts — the proposal argue that the uniform code adultery a ground for divorce for men and
ligion, then many discriminatory practices Hindu Marriage Act, the Hindu Succession would be formed by taking the best prac- women and simplifying the divorce proce-
of the Hindu personal law against women Act, the Hindu Minority and Guardianship tices of various religions and tailoring dure. It also called for the abolition of the
could not be eliminated. Act, and the Hindu Adoptions and Mainte- them for modern times. Researchers say Hindu Undivided Family (HUF) as a tax-ex-
Dr. B.R. Ambedkar had more of an am- nance Act — in the 1950s. this would essentially mean picking up empted entity.
bivalent stance toward the UCC. He felt Constitutional law scholar Faizan Mus- certain Muslim practices and applying
that while desirable, the UCC should re- tafa notes that while marriages amongst them to the Hindu community (or vice- What is the government’s stance?
main “purely voluntary” in the initial stag- close relatives are prohibited by the Hindu versa), and question whether there would While the UCC is a long-time poll promise
es. He stated that the Article “merely” pro- Marriage Act of 1955, they are considered not be any opposition to the same. of the BJP, Union Law Minister Kiren Rijiju
posed that the state shall endeavour to auspicious in the south of India. Even the said in Parliament this year that the go-
secure a UCC, which means it would not Hindu Succession Act of 1956 made several What has the Supreme Court said vernment currently had no plans to set up
impose it on all citizens. The amendments compromises and could not make the about the UCC? a panel to implement the UCC and re-
to protect personal laws from the UCC daughter a coparcener till 2005. Wives are The Supreme Court in various judgements quested the 22nd Law Commission of In-
were eventually rejected. still not coparceners nor do they have an has called for the implementation of the dia to undertake an examination of va-
equal share in inheritance. Similarly, there UCC. In its Mohd. Ahmed Khan vs Shah Ba- rious issues relating to the same. The
What are the various arguments is still no uniform applicability when it no Begum judgement of 1985, where a di- chairperson and members of said Law
around the UCC? comes to the Muslim personal law or the vorced Muslim woman demanded mainte- Commission, which was set up in 2021,
It has been argued that while India does Shariat Act that was passed in 1937. For in- nance from her former husband, the apex have not yet been appointed.
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The new hybrid variant of mustard
How significant is the development of the Dhara Mustard Hybrid-11 (DMH-11)? Why are some activist groups opposing the commercial release of the crop? What are their
allegations? How many transgenic crops are commercially cultivated in India?

EXPLAINER THE GIST

Jacob Koshy D
The Genetic Engineering
The story so far: Appraisal Committee (GEAC),

T
he Genetic Engineering Appraisal India’s apex regulator of
Committee (GEAC), India’s apex genetically modified plants and
regulator of genetically modified food products, has approved
plants and food products, has approved the environmental release of
the environmental release of Dhara Mus- Dhara Mustard Hybrid-11
tard Hybrid-11 (DMH-11), a genetically-engi- (DMH-11), a
neered variant of mustard. If approved for genetically-engineered variant
commercial cultivation it would be the first of mustard.
genetically modified food crop available to
D
Indian farmers.
Trials conducted over three
What is DMH-11? years by the Indian Council of
DMH-11 is a hybrid variant of mustard de- Agricultural Research (ICAR)
veloped by researchers at The Centre for suggest that DMH-11 has 28%
Genetic Manipulation of Crop Plants, at higher yields than its parent
Varuna and was 37% better
the University of Delhi. Deepak Pental,
than zonal checks, or local
who has led the efforts to develop hybrid
varieties that are considered
mustard at the Centre for decades and was Black and yellow: Women carry fodder for their cattle through a mustard field. REUTERS
the best in different
a former Vice-Chancellor of the University, agro-climatic zones.
began with DMH-1, a hybrid variant that which desirable traits manifest) that not tonnes of edible oil were imported at a cost have also been supported by the Swadeshi
was developed without transgenic tech- only has better yield but is also fertile. of ₹1,17,000 crore according to the Nation- Jagran Manch, an Rashtriya Swayam Sevak D
nology. DMH-1 was approved for commer- DMH-11 is a transgenic crop because it uses al Academy of Agricultural Sciences. This Sangh affiliate, who have consistently op- Activist groups allege that the
cial release in northwest India in 2005- foreign genes from a different species. is primarily due to low productivity — of posed GM crops. GM mustard hasn’t been
2006 but scientists have said that this tech- about 1-1.3 tonnes/hectare — that has been evaluated as a herbicide
nology wasn’t bankable enough to Are hybrid mustard varieties better ? stagnant for over two decades. On the oth- What next for GM mustard? tolerant crop posing potential
consistently produce hybrid mustard. Trials conducted over three years by the er hand, hybrid mustard and rapeseed are This isn’t the first time that the GEAC has risks. They also allege that GM
While India has several mustard varieties, Indian Council of Agricultural Research the dominant form of oil seeds in Canada, cleared the environmental release of GM mustard plants may dissuade
it is a self-pollinating plant and therefore a (ICAR) suggest that DMH-11 has 28% higher China and Europe. So, proponents say, the mustard. In 2017 too, the apex body had bees from pollinating the plant
challenge for plant-breeders to cross diffe- yields than its parent Varuna and was 37% only way to improve India’s productivity is cleared it but the process got stalled after a and this could have knock-off
rent mustard varieties and induce desira- better than zonal checks, or local varieties to have more mustard hybrids. case was lodged in the Supreme Court. environmental catastrophes.
ble traits. Being able to turn off this self- that are considered the best in different The government, or specifically the Envi-
pollinating trait to enable such crossings agro-climatic zones. These trials were con- Why is it controversial? ronment Ministry, hasn’t officially sup-
and then restoring the trait, to enable seed ducted at eight locations over three years. There are two main reasons why transgen- ported GM mustard despite the GEAC be-
production, is how the mustard plant’s DMH-11 rather than being an end in itself ic mustards are a topic of debate. The use ing a body under it. Bt Brinjal, the first
genes are to be manipulated. DMH-11 is a signals the proof of success of the barnase- of genes that are foreign to the species is transgenic food crop, too was cleared by
result of a cross between two varieties: Va- barstar system that can act as a platform one and secondly, the preparation of mus- the GEAC in 2009 but was put on hold by
runa and Early Heera-2. Such a cross technology to develop newer hybrids. tard hybrids require the use of another the then-UPA government on the grounds
wouldn’t have happened naturally and Scientists say that having better hybrids is gene, called the bar gene, that makes it tol- that more tests were needed. Currently the
was done after introducing genes from necessary to meet India’s rising edible-oil erant to a herbicide called glufosinate-am- only transgenic crop grown in India is Bt-
two soil bacterium called barnase and bar- import bill. Mustard (Brassica juncea) is monium. Activist groups allege that the cotton. The GEAC go-ahead only allows
star. Barnase in Varuna induces a tempor- cultivated in 6-7 million hectares during GM mustard hasn’t been evaluated as a DMH-11 to be grown in fields under the su-
ary sterility because of which it can’t natu- the Rabi winter season predominantly in herbicide tolerant crop posing potential pervision of the ICAR. The Indian Agricul-
rally self-pollinate. Barstar in Heera blocks Rajasthan, Haryana, Punjab and Madhya risks. Finally, they allege, GM mustard tural Research Institute has said that the
the effect of barnase allowing seeds to be Pradesh. India imports anywhere from 55- plants may dissuade bees from pollinating crop would be commercially available af-
produced. The result is DMH-11 (where 11 60% of its domestic edible-oil require- the plant and this could have knock-off en- ter “three seasons” now that they can be
refers to the number of generations after ment. In 2020-21, around 13.3 million vironmental catastrophes. Activist groups grown in large quantities for evaluation.
 Join @thehindu444 Or Thenewsmaster
The C-295 and India’s aircraft industry
How significant is the setting up of the C-295 transport aircraft manufacturing facility in Vadodara to India’s domestic industry? Which are the major companies within India’s
growing civil aviation sector? How will the procurement of new aircraft boost the defence manufacturing ecosystem?

EXPLAINER THE GIST

Dinakar Peri D
On October 30, Prime Minister
The story so far: Narendra Modi layed the

O
n October 30, Prime Minister Na- foundation stone for the C-295
rendra Modi layed the foundation transport aircraft
stone for the C-295 transport air- manufacturing facility in
craft manufacturing facility in Vadodara to Vodadara to be set up by
be set up by Airbus Defence and Space and Airbus Defence and Space and
Tata Advanced Systems Limited (TASL). Tata Advanced Systems
This is the first time a private sector com- Limited (TASL).
pany would be manufacturing a full air-
D
craft in the country. This is a huge step for-
ward for India in the global aircraft Indian companies, both public
manufacturing domain. and private, have steadily
expanded their footprint in the
What is the C-295MW transporter? global supply chains of major
The C-295MW is a transport aircraft of 5-10 defence and aerospace
tonne capacity which will replace the lega- manufacturers supplying a
range of components, systems
cy Avro aircraft in the Indian Air Force
and sub-systems.
(IAF) procured in the 1960s. The Request
For Proposal (RFP) was issued to global D
firms in May 2013 and the sole bid by Air-
India has a much bigger
bus and TASL was approved by the De- footprint in civil aviation
fence Acquisition Council in May 2015. On manufacturing than defence, in
September 24, 2021 the Ministry of De- addition to being a market
fence (MoD) signed a ₹21,935 crore con- itself. Both Airbus and Boeing
tract with Airbus Defence and Space for do significant sourcing from
the acquisition of 56 C-295MW aircraft India for their civil
along with associated equipment. programmes.
In the words of N. Chandrasekaran,
Chairman of Tata Sons, with the set-up of
the final assembly line in Vadodara, the Ta- New skies: Employees at the Tata Boeing Aerospace Limited, working on aero-structures for AH-64 Apache attack helicopters, in Hyderabad. SPECIAL ARRANGEMENT
ta Group will now be able to take alumini-
um ingots at one end of the value stream acre, $200 million centre of excellence to and testers, Tata said. wing Airbus aircraft programmes. Airbus
and turn it into an Airbus C-295 aircraft for further grow in the years to come,” a com- which has design, management and train-
the IAF. pany statement said. Tata in a joint ven- Is India’s civil aviation sector ing centres in India, added, “Our centres
Of the 56 aircraft contracted, 16 will ture ( JV) with Boeing, manufactures aero- growing? have the capacity to skill more than 8,000
come in fly-away condition from Spain bet- structures for its AH-64 Apache helicopter, India has a much bigger footprint in civil pilots and 2,000 engineers over the next
ween September 2023 and August 2025. including fuselages, secondary structures, aviation manufacturing than defence, in 10 years with plans for further expansion.”
The remaining 40 will be manufactured vertical spar boxes fuselages and vertical addition to being a major market itself. Today in India, we have the world’s fas-
here to be delivered between September fin structures for the 737 family of aircraft. Both Airbus and Boeing do significant test growing aviation sector and we are
2026 and 2031 at the rate of eight aircraft It also makes Crown and Tail-cones for sourcing from India for their civil pro- about to reach the top three countries in
per year. Nearly 240 engineers will be Boeing’s CH-47 Chinook helicopters. grammes. the world in terms of air traffic, Mr. Modi
trained at the Airbus facility in Spain for Similarly, Lockheed Martin has joint According to Airbus every commercial said. “Crores of new passengers are going
the project, the MoD said. The C-295 has ventures with TASL in Hyderabad which aircraft manufactured by them today is to be air passengers in the next 4-5 years...
very good fuel efficiency and can take off has manufactured more than 180 empen- partly designed and made in India. “We It is estimated that in the coming 10-15
and land from short as well as unprepared nages for the C-130J Super Hercules tran- buy manufactured parts and engineering years, India will need about 2000 more
runways, according to Air Marshal San- sport aircraft and delivered 157 S-92 heli- services worth $650 million every year passenger and cargo aircraft.”
deep Singh, Vice Chief of IAF. The IAF will copter cabins. The latter facility from more than 45 Indian suppliers”, the Another major growing area is Mainte-
base its first C-295 squadron in Vadodara manufactures aerospace components for company said. Stating that India, which is nance, Repair and Overhaul (MRO) for
by converting the Avro squadron located commercial helicopters and aircraft and moving ahead with the mantra of ‘Make in which India can emerge as the regional
there, as the fly-away aircraft start coming has expanded to include aircraft engine India’ and ‘Make for the Globe’, continues hub, Ms. Upadhyaya remarked adding,
in, he stated. components for aerospace industry com- to enhance its potential by becoming a ma- “However, the private defence sector is
With the procurement of these aircraft, panies as well. One of the JV’s also began jor manufacturer of transport planes, Mr. still nascent and a conducive and stable
India has become the 35th C-295 operator manufacturing complex fighter wings with Modi said, “And I can visualise the day regulatory and policy environment will be
worldwide. With 285 aircraft ordered and over 70% of detail parts produced indige- when the world’s biggest passenger planes an important enabler.” This moment is
38 operators in 34 different countries, the nously. The JVs till date have clocked $600 will also be manufactured in India and will akin to the automobile clusters that have
aircraft has achieved more than 5,00,000 million worth of exports and produced ov- also carry the tag of ‘Make in India’. emerged in the country turning India into
flight hours. The Navy and the Coast er $200 million in Indian industry reve- Since 2007, Airbus has had a wholly a major exporter of cars to the world. With
Guard have also expressed interest in the nue. domestic-owned design centre here which the right momentum, a realistic roadmap
C-295 and it can be used in civilian roles as The U.S. simplifying its export regula- has more than 650 engineers who special- and enabling policy framework, a similar
well as exported in the future. The C-295 is tions for India, through a series of mea- ise in high-tech aeronautical engineering story can be scripted to make the country
also a potential replacement for the AN-32 sures, has added further impetus to this, and work across both fixed- and rotary- a hub for aircraft manufacturing.
aircraft, the workhorse of the IAF with ov- experts noted. As U.S. and India pursue
er 100 of them in service. To questions on the Indo-Pacific strategy, India’s strengths
this Air Marshal Singh said that the AN-32s coupled with U.S. and European technolo-
will be in service upto 2032 and beyond gy prowess can be a force for good in the
and that they would make a decision on its world, noted Kriti Upadhyaya, Founder In-
replacement in five years or so from now. dUS Tech Council who works closely with
companies in both countries.
How will this affect the domestic The domestic defence manufacturing
aircraft manufacturing ecosystem? ecosystem will get a boost with the C-295
Over the last two decades, Indian compa- project as it will lead to the development
nies, both public and private, have steadily of a strong private industrial aerospace
expanded their footprint in the global sup- ecosystem not only in and around Vadora-
ply chains of major defence and aerospace ra but across the country. Bengaluru and
manufacturers supplying a range of com- Hyderabad already have developed such
ponents, systems and sub-systems. aerospace and defence domains over the
For instance, Boeing’s sourcing from In- years. The C-295 project is expected to
dia stands at $1 billion annually, of which create more than 15,000 skilled direct and
over 60% is in manufacturing, through a indirect jobs across the aerospace ecosys-
growing network of 300+ supplier partn- tem, with more than 125 suppliers quali-
ers of which over 25% are micro, small and fied on global quality standards across In-
medium enterprises (MSME). “Boeing has dia. Manufacturing of over 13,400 detail
the broadest and most capable engineer- parts, 4,600 sub-assemblies and all the se-
ing teams in the country with over 3,000 ven major component assemblies will be
employees, and we’re investing in a 43- undertaken in India, along with tools, jigs A file photo of the C-295MW transport aircraft. PTI
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The amendments to the IT Rules, 2021
Why did the Ministry of Electronics and IT invite feedback to the draft amendments of the the Information Technology (Intermediary Guidelines and Digital Media Ethics
Code) Rules, 2021? What are the functions of the new Grievance Appellate Committees?

EXPLAINER THE GIST

Trishee Goyal D
The Ministry of Electronics and
The story so far: IT (MeitY) has notified

T
he Ministry of Electronics and IT amendments to the
(MeitY) has notified amendments Information Technology
to the Information Technology (In- (Intermediary Guidelines and
termediary Guidelines and Digital Media Digital Media Ethics Code)
Ethics Code) Rules, 2021 (IT Rules, 2021) Rules, 2021 (IT Rules, 2021) on
on October 28. In June 2022, MeitY had October 28. The draft
put out a draft of the amendments and sol- generated considerable
icited feedback from the relevant stakehol- discussion and comment on
ders. The draft generated considerable dis- the regulation of social media
cussion and comment on the regulation of in India.
social media in India. D
What are the IT Rules, 2021? This proposed amendments
World over, governments are grappling can be broadly classified into
with the issue of regulating social media in- two categories. The first
category involved placing
termediaries (SMIs). Given the multitudi-
additional obligations on the
nous nature of the problem — the centrali-
SMIs to ensure better
ty of SMIs in shaping public discourse, the protection of user interests
impact of their governance on the right to while the second category
freedom of speech and expression, the involved the institution of an
magnitude of information they host and appellate mechanism for
the constant technological innovations grievance redressal. Both have
that impact their governance — it is impor- been notified to the Rules.
tant for governments to update their regu-
latory framework to face emergent chal- D
lenges. In a bid to keep up with these The amendments call for the
issues, India in 2021, replaced its decade institution of Grievance
old regulations on SMIs with the IT Rules, Appellate Committees (GAC).
2021 that were primarily aimed at placing The committee is styled as a
obligations on SMIs to ensure an open, three member council out of
safe and trusted internet. which one member will be a
government officer (holding
What was the need to amend the IT the post ex officio) while the
Rules, 2021? other two members will be
As per the press note accompanying the them to trample on freedom of speech and grievance redressal mechanism that can Moreover, the extant framework does independent representatives.
draft amendments in June 2022, the stated expression. effectively and efficiently address their not provide for any recourse if the com- The GAC is required to adopt
objectives of the amendments were three- Second, a similar concern arises with the concerns. Prior to the IT Rules, 2021, plat- plainant is dissatisfied with the grievance an online dispute resolution
mechanism which will make it
fold. First, there was a need to ensure that other newly introduced obligation on SMIs forms followed their own mechanisms and officer’s order. Possibly, the only course
more accessible to the users.
the interests and constitutional rights of to “respect all the rights accorded to the ci- timelines for resolving user complaints. available to the complainant is to chal-
netizens are not being contravened by big tizens under the Constitution, including in The IT Rules uniformed this by mandating lenge the order under the writ jurisdiction
tech platforms, second, to strengthen the the articles 14, 19 and 21”. Given the impor- that all social media platforms should have of the High Courts or Supreme Court. This
grievance redressal framework in the tance of SMIs in public discourse and the a grievance officer who would acknow- is not efficacious given that it can be a re-
Rules, and third, that compliance with implications of their actions on the funda- ledge the receipt of a complaint within 24 source and time intensive process.
these should not impact early stage Indian mental rights of citizens, the horizontal ap- hours and dispose it within 15 days. Ho- To remedy this, the government has in-
start-ups. This translated into a set of pro- plication of fundamental rights is laudable. wever, the performance of the current stituted Grievance Appellate Committees
posed amendments that can be broadly However, the wide interpretation to which grievance redressal mechanism has been (GAC). The committee is styled as a three-
classified into two categories. The first ca- this obligation is open to by different sub-optimal. First, as evidenced by the member council out of which one member
tegory involved placing additional obliga- courts, could translate to disparate duties transparency reports of SMIs, such as Fa- will be a government officer (holding the
tions on the SMIs to ensure better protec- on the SMIs. Frequent alterations to design cebook and Twitter, there is no common post ex officio) while the other two mem-
tion of user interests while the second and practices of the platform, that may re- understanding of what is meant by resolu- bers will be independent representatives.
category involved the institution of an ap- sult from a case-to-case based application tion of the complaint. For example, Face- Users can file a complaint against the or-
pellate mechanism for grievance redres- of this obligation, could result in heavy book records only mention the number of der of the grievance officer within 30 days.
sal. compliance costs for them. reports where “appropriate tools” have Importantly, the GAC is required to adopt
Third, SMIs are now obligated to remove been provided. These “appropriate tools” an online dispute resolution mechanism
What are the additional obligations information or a communication link in re- could just mean the automated replies which will make it more accessible to the
placed on the SMIs? lation to the six prohibited categories of pointing out the tools available on the plat- users.
The notification of the final amendments content as and when a complaint arises. form that have been sent to the complai- Interestingly, it is unclear whether this
carry forward all the amendments that it They have to remove such information nants. is a compulsory tier of appeal or not, that
had proposed in June 2022. within 72 hours of the complaint being is will the user have to approach the grie-
First, the original IT Rules, 2021 obligat- made. Given the virality with which content The cornerstone of empowering vance appellate committee before ap-
ed the SMIs to merely inform its users of spreads, this is an important step to contain users of social media platforms is proaching the court. The confusion arises
the “rules and regulations, privacy policy the spread of the content. to design a robust grievance from the fact that the press note expressly
and user agreement” that governed its Lastly, SMIs have been obligated to “take redressal mechanism that can stated that the institution of the GAC
platforms along with the categories of con- all reasonable measures to ensure accessi- would not bar the user from approaching
effectively address their concerns
tent that users are prohibited from host- bility of its services to users along with rea- the court directly against the order of the
ing, displaying, sharing etc. on the plat- sonable expectation of due diligence, priva- grievance officer. However, the final
form. This obligation on the SMIs has now cy and transparency”. While there are As opposed to this format, Twitter re- amendments provide no such indication.
been extended to ensuring that its users concerns that ensuring “accessibility” may cords outline the number of URLs against While this makes the in-house grie-
are in compliance with the relevant rules obligate SMIs to provide services at a scale which action has been taken after the re- vance redressal more accountable and ap-
of the platform. Further, SMIs are required that they are not equipped to, the obliga- ceipt of a complaint. pellate mechanism more accessible to us-
to “make reasonable” efforts to prevent tion is meant to strengthen inclusion in the Furthermore, transparency reports ers, appointments being made by the
prohibited content being hosted on its SMI ecosystem such as allowing for partici- show that the number of user complaints central government could lead to appre-
platform by the users. To a large extent, pation by persons with disabilities and di- continue to be quite low when compared hensions of bias in content moderation.
this enhances the responsibility and con- verse linguistic backgrounds. In this con- to the content against which the platform Further, the IT Rules, 2021 do not pro-
comitantly the power of SMIs to police and text, the amendments also mandate that acts proactively or is obligated to remove vide any explicit power to the GAC to en-
moderate content on their platforms. This “rules and regulations, privacy policy and due to governmental or court orders. This force its orders.
has been met with skepticism by both the user agreement” of the platform should be may be because users are either not aware Lastly, if users can approach both the
platforms and the users given the subjec- made available in all languages listed in the of this facility or find it futile to approach courts and the GAC parallelly, it could lead
tive nature of speech and the magnitude of eighth schedule of the Constitution. the platform for complaint resolution. It to conflicting decisions often undermining
the information hosted by these platforms. might also be because, even in cases the impartiality and merit of one institu-
While the SMIs are unclear of the extent of What are the newly-introduced where action has been taken on the con- tion or the other.
measures they are now expected to under- Grievance Appellate Committees? tent, there is no way to assess whether the The writer is a research fellow at the
take, users are apprehensive that the in- The cornerstone of empowering users of complainant has been satisfied with the re- Centre for Applied Law and Technology Re-
creased power of the SMIs would allow social media platforms is to design a robust solution of the complaint. search, Vidhi Centre for legal policy
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EXPLAINER

SEBI’s plans to tackle market rumours

What are the measures proposed by the market regulator? Is

misinformation affecting securities and impacting investor confidence? Do
the proposals recognise the material importance of key personnel and
senior management of listed companies?

- Photo: Getty Images

SAPTAPARNO GHOSH,

THE GIST

The Securities and Exchange Board of India (SEBI) on November

12 floated a consultation paper proposing measures to effectively
tackle market rumours.

The proposed measures are directed towards preventing any false

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market sentiment or impact on the securities of a company.
Recognising the “growing influence” of print, television and digital
news media, it argues that companies need to keep pace and ensure
that any rumours are verified or refuted.

The regulator observed that there was a need for quicker

disclosure of material events since ‘information’ permeates very fast
on social and digital media.

The story so far:

The Securities and Exchange Board of India (SEBI) on November 12 floated a

consultation paper proposing measures to effectively tackle market rumours. It
reviewed disclosure requirements for material events and information under the
SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015.

What was the need for review?

The central premise of the proposal is to ensure timely disclosure of significant

events that may have a bearing on the price of a scrip. SEBI notes that while
regulatory actions against non-disclosure of events do act as a deterrent for listed
entities to withhold details of material events or information, timely disclosure is still
very important. SEBI also seeks to ensure that unverified rumours do not shake
investor confidence and affect decision-making. Listed entities too have sought that
the regulator institute a certain uniformity in its guidance for disclosures, to help
them better determine what constitutes a material event or information. In a related
context, the market regulator pointed to provisions that require companies to put
forth specific and adequate replies to all rumour verification queries raised by the
exchanges. This could be with respect to certain ‘information’ circulating on social
media or any other platform. It proposes that entities should confirm or deny any
such reported event or information.

What disclosures are being proposed?

The proposed measures are directed towards preventing any false market sentiment
or impact on the securities of a company. Recognising the “growing influence” of
print, television and digital news media, it argues that companies need to keep pace
and ensure that any rumours are verified or refuted. Thus, it is proposed that the top
250 listed entities, based on market capitalisation at the end of the previous
assessment year, would have to clearly deny or refute such rumours.

It proposes companies disclose all information whose expected impact in terms of

value exceeds 2% of either its turnover or net-worth as per the last audited financial
statement, or 5% of the three-year average of absolute value of profit/loss after tax.

In order to avoid information asymmetry SEBI has proposed that the listed entities
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In order to avoid information asymmetry, SEBI has proposed that the listed entities
need to also disseminate any communication with regards to the company made by
its directors, promoters, key managerial personnel or senior management
individually and not through the company. It recognises that it is difficult for an
investor to keep track of multiple newsworthy announcements from diverse
avenues. To this effect, it proposes that companies inform about any ratings actions,
even if it was not requested for by the company or if a request was withdrawn.
Further, companies also need to disclose any actions initiated by a regulatory,
statutory, enforcement or judicial authority against any of its directors, key
managerial personnel, senior management, promoter or subsidiary in relation to the
entity. These may include investigation, suspension, imposition of penalty or fine,

settlement of proceedings, debarment, sanctions, warnings, search, seizure, and

default on the payment of fines, penalties and dues among others. The mentioned
measure would thus, prevent information asymmetry as it would streamline access
to verified information.

Other than this, the proposals also recognise the material importance of key
personnel, senior management and directors to investors. They instil confidence in
the functioning and affairs of the company. To this effect, it proposes that entities
inform the exchange about their resignation(s) within seven days. Along similar lines,
companies must also disclose if the MD/CEO is not available to discharge their duties
for greater than a month.

Are timelines being revised?

The regulator observed that there was a need for quicker disclosure of material
events since ‘information’ permeates very fast on social media and digital media. It
makes a note of several instances where the disclosures were made only after the
news had already circulated in the media. At times, the information was disclosed
only after the exchange raised a query to the company. Therefore, SEBI proposes
that disclosures pertaining to events or information emanating from within the
company be made within twelve hours instead of the existing mandate of twenty-
four hours. The cut-off remains unchanged for events emanating from external
occurrences. Moreover, all decisions taken in a Board of Directors meeting are to be
disclosed within thirty minutes from when it concludes. Companies must also
inform, two days in advance, if any investor or analyst meet is scheduled.
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EXPLAINER

How different is the new data protection Bill?

Has the right to portability and right to be forgotten been removed from
the latest draft of the Digital Personal Data Protection Bill, 2022? Has the
Central government been given more rule making power? What are the
duties imposed on data principals?

1 of 2 - Photo: Getty Images

TRISHEE GOYAL,

THE GIST

With regard to the personal data processing of children, the DPDP

Bill, 2022 carries forward the approach of its previous iterations. A
major issue that remains is that the age of digital consent, which is
the age at which an individual can consent to their personal data
being processed, continues to be 18.
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The current draft considerably reduces the scope of the proposed
Data Protection Board of India (DPB). On the contrary, out of the 22
clauses in the DPDP Bill, the Central government has been provided
with rule making power in around 14 clauses.

In a very unusual move and perhaps the only one of its kind
among data protection legislations, the DPDP Bill, 2022 places duties
on data principals. If they are non-compliant, it could lead to
penalties upto ₹10,000.

The story so far:

The latest draft of the data protection law — the Digital Personal Data Protection Bill,
2022 (DPDP Bill, 2022) — has now been made open for public comments. This article
deals with various themes within the Bill including data localisation requirements,
whether children are considered as data principals, the regulatory framework of the
Bill and the penalties it imposes.

What are some of the data protection rights that the Bill is missing?

The DPDP Bill, 2022 misses out on two main rights for data principals. The first is the
right of data portability. The right to data portability allowed the data principal to
receive in a structured format all the personal data they had provided to the data
fiduciary and data that the data fiduciary generated on the data principal while
processing for provisioning of its services. This empowered data principals by
allowing them to choose between different platforms and enhanced competition
between data fiduciaries to increase consumer welfare. For example, if the data
principal was not satisfied with the social media platform they were currently using,
they could request for porting of their data to another social media platform and
avail of its services without having to provide all their personal data again. The DPDP
Bill, 2022 does not provide for this right.

The second right foregone is the right to be forgotten. While not a right per se, the
right to be forgotten allows the data principal to ask the data fiduciary to stop the
continuing disclosure of their personal data. This has to be balanced with the right to
freedom of speech and expression and the right to information for all other
individuals. The DPDP Bill, 2022 subsumes this right under the right to erasure. This
conflation between the general right to erasure with the right to be forgotten which
is specific to disclosure of personal data compromises on the right to freedom of
speech and expression of other individuals.

How does the draft Bill treat the personal data processing of children?

With regard to the personal data processing of children, the DPDP Bill, 2022 carries
f d th h f it i it ti A j i th t i i th t
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forward the approach of its previous iterations. A major issue that remains is that
the age of digital consent, which is the age at which an individual can consent to their
personal data being processed, continues to be 18. This means that
parental/guardian consent would be required to process the personal data of
children and adolescents below the age of 18 years. In effect, this would mean
parental consent would be required every time they want to access the internet. This
becomes an issue for three reasons. First, the high threshold of 18 years negates
evolving capacity as it does not recognise that the consent of a toddler is different
from that of a teenager. Second, it would result in unequal access to the internet
and, finally, requiring consent from parents would hamper autonomous
development of children since parents may not want them to be exposed to
viewpoints contradictory to their own. Such restrictions are in violation of India’s
obligations under the Convention on Rights of the Child.

What changes have been made to data localisation requirements?

One of the most emphatic departures of the DPDP Bill, 2022 from the Personal Data
Protection (PDP) Bill 2019, has been in the context of cross border data flows. The
PDP Bill, 2019 provided for a three-tiered categorisation based on which personal
data could be moved across borders. While the government was interested in
restricting cross border data flows of sensitive personal data and critical personal
data to allow for ease of lawful access and to maintain “digital sovereignty”, these
data localisation requirements were severely contested by the industry as they
would lead to significant increase in compliance and operational costs in terms of
higher data storage charges and security risks.

The DPDP Bill, 2022 aims to strike a balance between these concerns by allowing for
cross border data flow to “countries and territories” notified by the Central
government. However, the draft legislation fails to provide any guidance or criteria
for the consideration of the Union government while making this notification. The
criteria is left to the Central government itself to be specified under its rule making
power.

What is the design of the regulatory framework proposed under the Bill?

In comparison to the regulatory framework conceptualised under the previous

iterations of the draft law, where the proposed regulator, the Data Protection
Authority, was enshrined with significant powers of regulation making, enforcement
and adjudication, the current draft considerably reduces the scope of the proposed
Data Protection Board of India (DPB). Out of the 22 clauses in the DPDP Bill, the
Central government has been provided with rule making power in around 14
clauses.

This becomes problematic for several reasons. First, the government forms one of
the largest data fiduciaries in the country. It processes personal data of millions of
Indians for provisioning of services and benefits, issuance of permits, licences and
official IDs and for law enforcement generally. As such, it becomes important the
agency making the rules should be at an arm’s length from the government so as to
ensure impartial protection of the interests of data principals. Vesting these powers
h h h h ld lf b b h l
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with the Union government which would itself be subject to these rules creates
conflict of interest. For example, the government has the power to specify “fair and
reasonable” purposes for which it can process personal data without consent.

Similarly, it can make rules on data protection obligations of data breach, data
protection impact assessments, data audits, information that can be requested from
a data fiduciary which the government will itself be subject to in its capacity as a data
fiduciary. Moreover, the DPDP Bill, 2022 fails to provide adequate legislative
guidance for framing these rules. This leads to the concern of excessive delegation of
legislation.

Lastly, the Central government exercises greater control over the proposed DPB
because it will appoint members of the DPB, set out the terms and conditions of

appointment and lay out the functions that the DPB will perform.

What is the framework for state based processing of personal data?

Carrying forward the approach from the PDP Bill, 2019, the current Bill also provides
considerable exemptions to the state’s processing of personal data. First, as stated
above, the Union government has the power to specify “fair and reasonable”
purposes for which it can process personal data without consent. Second, an
exemption from most data protection obligations is provided if the processing is
undertaken “in the interests of prevention, detection, investigation of any offence or
any other contravention of any law” This may be in violation of the “necessity and
proportionality” test laid down by the Supreme Court in Puttaswamy vs Union of
India. A complete exemption can be provided for when personal data is being
processed “in the interests of sovereignty and integrity of India, security of the State,
friendly relations with foreign States, maintenance of public order or preventing
incitement to any cognizable offence relating to any of these”. Lastly, and this is an
addition to the PDP Bill, 2019, the Union government can now notify exemption to
certain data fiduciaries based on just the “volume and nature of personal data”
processed, irrespective of the purpose for which it is being processed.

Moreover, storage limitation does not apply to government agencies which means
they can continue to retain personal data for an unlimited period of time even when
the purpose of processing ceases to exist and there is no legal requirement to store
the data.

What is the nature of penalties provided for in the Bill?

The DPDP Bill, 2022 marks a number of departures from the PDP Bill, 2019 in the
way it conceptualises penalties. First, the quantum of penalties that can be imposed,
with the cap being placed at ₹500 crore, are of a much higher magnitude than
provided for under the PDP Bill, 2019. Second, unlike the PDP Bill, 2019 the DPDP
Bill, 2022 creates no offences. Third, in a move that can be seen as disempowering
the data principals, the DPDP Bill, 2022 does not allow them to seek compensation
from data fiduciaries for harms they have suffered due to unlawful processing.
Fourth, in a very unusual move and perhaps the only one of its kind among data
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protection legislations, the DPDP Bill, 2022 places duties on data principals. If they
are non-compliant, it could lead to penalties upto ₹10,000. Some of these duties
include being in compliance with the “provision of all applicable laws” when
exercising rights and not registering “false or frivolous” complaints with the data
fiduciary or the DPB. Such provisions may hinder data principles from exercising
their rights for fear of penalties.

The writer is a research fellow at the Centre for Applied Law and Technology
Research, Vidhi Centre for legal policy

(This is the second of a two-part series on the draft Digital Personal Data Protection
Bill, 2022)

YOU CAN READ THE FIRST PART OF THE TWO-PART SERIES ON THE DIGITAL
PERSONAL DATA PROTECTION BILL HERE BIT.LY/DPDPBILL22
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EXPLAINER

Who should pay for climate damage?

Why is compensation against loss and damage due to changing weather

events on the main agenda at COP27? What is the amount required to
meet the world’s climate goals? Where does India stand when it comes to
global greenhouse gas emissions?

Rising fumes: Emissions rise from the Jeffrey Energy Center coal power plant in Kansas, U.S. in 2021. -
Photo: AP

K. BHARAT KUMAR,

THE GIST

Between 1900 and now, developed countries have benefitted

from industrial development, which also led to greenhouse gas (GHG)
emissions. Therefore, options like financing the developing or
underdeveloped countries by the developed world have been
discussed at the COP27.
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Ourworldindata.org cites data from the Global Carbon Project to

show that between 1751 and 2017, 47% of the CO2 emissions came
from the U.S. and the EU-28.

India is among the top seven emitters of GHG emissions.

However, some emissions are unavoidable if we seek economic
development. But, put in the context of India’s population, its
emissions are far lesser per head, than for others. World average per
capita GHG emissions were 6.3 tonnes of CO2 equivalent (tCO2e) in
2020. The U.S. is above this at 14, followed by 13 in the Russian
Federation and 9.7 in China. India remains far below the world
average at 2.4.

The story so far:

At the G-20 summit in Bali, rich nations including the U.S., Japan and Canada have
pledged $20 billion to wean Indonesia off coal. The U.S. and Japan have led the
International Partners Group to mobilise funds from the public and private sector to
support Indonesia’s efforts to reach carbon neutrality by 2050. But a lot more needs
to be done, and in that context it is significant that at the ongoing Climate Change
Conference (COP27) in Egypt, compensation against loss and damage due to climate
change is finally on the main agenda, unlike previous years.

Why is compensation critical?

Between 1900 and now, developed countries have benefitted from industrial
development, which also led to greenhouse gas (GHG) emissions. Developing
countries were relatively late in starting out on economic development. They may be
contributing to emissions now, but that is a weak reason to ask them to stop
economic development. A farmer in rural Africa can claim that his country has not
added to emissions historically, but because of the U.S. or Russia’s industrialisation,
his agriculture yields are declining. Or an urban worker in South America has to
work, without choice, in unforgiving heat wave conditions caused by the developed
world’s emissions of the past. Therefore, options like financing the developing or
underdeveloped countries by the developed world have been discussed.

But as a popular newsletter Finshots asked, who decides who should pay whom and
how much? Ourworldindata.org cites data from the Global Carbon Project to show
that between 1751 and 2017, 47% of the CO2 emissions came from the U.S. and the
EU-28. In total, just 29 countries.

How badly do their emissions hurt?

A paper published by Springer Link under the Climate Change umbrella earlier this
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A paper published by Springer Link under the Climate Change umbrella earlier this
year shows that emissions attributable to the U.S. over 1990-2014 caused losses that
are concentrated around 1–2% of per capita GDP across nations in South America,
Africa, and South and Southeast Asia, where temperature changes have likely
impacted labour productivity and agricultural yields.

But emissions may have also helped a few countries, such as those in Northern
Europe and Canada. Moody’s Analytics estimates that by the middle of the century,
Canada would see a rise in GDP of 0.3% (about $9 billion a year) as warmer climates
spur agriculture and labour productivity. The Canadian Climate Institute cautioned
that such a claim was not wholly true and that other factors must be considered. For
example, climate change-spurred floods could cost Canada $17 billion annually by
2050.

In these war of words, the only certainty is the fast-approaching calamity. The UN
Environment Programme’s annual emissions gap report for 2022 released late last
month said the “international community is falling far short of the Paris goals, with

no credible pathway to 1.5°C in place. Only an urgent system-wide transformation

can avoid climate disaster.... The world must cut emissions by 45% to avoid global
catastrophe.”

Where about India’s emissions?

The report says that India is among the top seven emitters (others being China, the
EU-27, Indonesia, Brazil, the Russian Federation and the U.S.). These seven, plus
international transport, accounted for 55% of global GHG emissions in 2020.
Collectively, G-20 members are responsible for 75% of global GHG emissions.

If we seek economic development, some GHG emissions are unavoidable. But, put in
the context of India’s population, its emissions are far lesser per head, than for
others. World average per capita GHG emissions were 6.3 tonnes of CO2 equivalent
(tCO2e) in 2020. The U.S. is way above this level at 14, followed by 13 in the Russian
Federation and 9.7 in China. India remains far below the world average at 2.4.

In addition to last year’s pledge of net-zero emissions by 2070, India has also
committed to generate 500 GW of renewable energy capacity by 2030, bringing
down emission intensity of GDP, as also raising forest cover. Last year, India was
responsible for the wording of the agreement on coal. It was changed from “phase-
out” to “phase-down” of coal — which reflects the country’s ground realities of large
energy requirements, met predominantly by thermal power, to spur economic
development.

In sum, the headlines that dominated the first week of the COP27 summit showed
that there has been little sign of a concerted effort the world over to keep emissions
low so as to retain global warming within the 1.5°C range.
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In the hopes for a clear blue sky
How far back does Delhi’s air pollution problem go? What policy measures have been taken over the decades by the Union and State governments? What are the
major pollutants contributing to the increased PM2.5 levels in the capital? Have the measures taken by the State been effective?

EXPLAINER THE GIST

Diksha Munjal D
The National Ambient Air
The story so far: Quality Standards were revised

L
ast week, Delhi was once again co- in 2009 to include 12 categories
vered in a haze of smog— witness- of pollutants including PM2.5
ing very poor air quality, a pheno- (particulate matter with a
menon that has become a trend during the diameter under 2.5 microns) —
winter months. As the situation becomes a noxious pollutant which can
an annually recurring one, here’s a look at penetrate deep into the lungs
how far back it goes and what policies have and even enter the
been adopted by the Centre and Delhi’s bloodstream, resulting in
elected governments to curb air pollution cardiovascular and respiratory
over the years. impacts.
D
When did Delhi start acting against
air pollution? Multiple studies over the years,
In March 1995, the Supreme Court, while including the Delhi Pollution
hearing a plea by environmentalist and la- Control Committee’s (DPCC)
2019 report by IIT Delhi and
wyer M.C. Mehta about Delhi’s polluting
Madras experts, found that the
industries, noted that Delhi was the
rapid growth in Delhi’s
world’s fourth most polluted city in terms population, industrialisation
of concentration of suspended particulate and urbanisation, and increase
matter (SPM) in the ambient atmosphere in motorised private vehicle
as per the World Health Organization’s fleet led to the high
1989 report. The Court took note of two concentration of air pollutants.
polluting factors — vehicles and industries,
and in 1996 ordered the closure and relo- D
cation of over 1,300 highly-polluting in- One major argument for the
dustries from Delhi’s residential areas failure to tackle Delhi’s
beyond the National Capital Region (NCR) pollution problems is that a
in a phased manner. In 1996, Mr. Mehta large proportion of these
filed another public interest litigation (PIL) which can penetrate deep into the lungs population spurt from 1.378 crore to 1.678 Meanwhile, due to the Supreme Court’s polluting sources are present
alleging that vehicular emissions were and even enter the bloodstream, resulting crore. As of 2011, the population of Delhi 55,000 cap on two-stroke auto rickshaws, all year round and high
leading to air pollution and that it posed a in cardiovascular and respiratory impacts. and NCR was 25.8 million or 7.6% of India’s the sector could not grow, leading to black pollution levels are mainly
public health hazard. In the same year, a Particulate Matter (PM) is primarily gener- urban population. While Delhi’s total area marketing of permits. Studies note that witnessed in winter months
report about Delhi’s air pollution by the ated by fuel combustion from different is 1,483 square kilometres (sq km), the between 1997 and 2011, Delhi’s population due to unfavourable
Centre for Science and Environment made sectors, including transport, energy, hou- population density grew from 9,340 per- grew by 45% and registered cars and two- meteorological conditions,
the apex court issue a notice to the Delhi seholds, industry and agriculture. sons per sq km in 2001 to 11,320 persons wheelers grew by 250%, meaning the low- meaning stop-gap and
government to submit an action plan to According to the revised NAAQS, the ac- per sq km in 2011. From around 4.2 million er availability of autos could have likely seasonal measures often yield
curb pollution. Both matters were later ceptable annual limit for PM2.5 is 40 mi- motor vehicles registered in 2004 in Delhi contributed to increased private vehicle unsatisfactory outcomes.
merged. crograms per cubic metre (ug/m3) and 60 alone, the registered vehicles increased to ownership. Besides, Delhi still does not
Later that year, the Delhi government ug/m3 for PM10. The renewed WHO stan- around 10.9 million in March 2018. have the required public bus fleet vis-a-vis
submitted an action plan. The Supreme dards meanwhile, prescribe an accepted demand.
Court, recognising the need for technical annual average of 5 ug/m3 for PM2.5 and As for the burning of farm Researchers have also noted challenges
assistance and advice in decision-making 15 ug/m3 for PM10. residue or stubble in Delhi’s with newer policies like the odd-even veh-
and implementation of its orders, asked While PM2.5 as a pollutant was only in- neighbouring States, researchers icular rationing rule applying only to priv-
the Ministry of Environment and Forests cluded in 2009, a computer modelling stu- have emphasised the need for ate vehicles. A study by IIT Delhi’s Rahul
(now the Ministry of Environment, For- dy by UrbanEmissions.Info re-analysed airshed management, along with Goel noted that although vehicular emis-
ests, and Climate Change — MoEFCC) to es- the pan-India PM2.5 concentration from sions contribute 25% to Delhi’s PM2.5 le-
improved machinery subsidies
tablish an authority for Delhi, leading to 1998 to 2020 and found that Delhi was the vels, passenger vehicles contribute just
the creation of the Environmental Pollu- most polluted of all States/UTs each year and alternatives to crop burning 8%, of which cars constitute 5%. This
tion Control Authority of Delhi NCR (EP- through all the 23 years. Delhi’s annual means that if all passenger vehicles within
CA) in 1998. The EPCA submitted its report PM2.5 levels increased by 40% from 80 g/ While multiple polluting industries Delhi stopped operating, PM2.5 levels
containing a two-year action plan in June m3 to 111 g/m3. Another study by the U.S.- were moved out of Delhi in the 1990s, it would reduce by an average of 8%, but the
of that year and the Supreme Court subse- based Health Effects Institute released this still has one of the biggest clusters of small- remaining 17%, contributed by heavy
quently ordered the Delhi Trasport Corpo- year, studying data between 2010 and scale industries. The CPCB notes that sev- freight vehicles, would remain as it is not
ration (DTC) bus fleet, taxis, and autos to 2019, also found Delhi to be the most pol- eral of Delhi’s polluting industrial clusters covered under the odd-even rule.
switch to Compressed Natural Gas (CNG), luted city in the world in terms of PM2.5 le- do not meet air, water, and soil standards. Experts also point out that a coordinat-
and the phasing out of all pre-1990 autos. vels. The Najafgarh drain basin, which houses ed response factoring in Delhi’s waste
Other measures between the late 1990s In the winter of 2016, Delhi witnessed multiple industrial areas, is the most pol- management has to be taken to reduce air
and early 2000s included the complete re- one of its worst incidents of pollution-in- luted cluster in India with its air and water pollution.
moval of leaded petrol, removal of 15 and duced smog, with PM2.5 and PM10 levels being in the ‘critical’ category. While the daily waste generation rate in
17-year-old commercial vehicles and a cap reaching a whopping 999 ug/m3 in parts Delhi is over 10,000 tons, the capacity of
of 55,000 on the number of two-stroke en- of Delhi on November 1. What are the measures taken to its already overflowing landfills to collect
gine auto rickshaws (which reports at the Subsequently, the Supreme Court in tackle major polluters? and manage garbage is under 6,000 tons.
time said were contributing to 80% of pol- November 2016 told Delhi and NCR auth- UrbanEmissions.Info combined officially This leads to the practice of burning waste
lution in the city). Coal-based power plants orities to form a plan to deal with the air available information and its modelling around residential areas. Reports show
within Delhi were also converted to gas- pollution, and the MoEFCC in early 2017 studies to infer that the share of vehicular that garbage is also burnt illegally in land-
based ones. came out with the Graded Response Ac- exhaust contributing to Delhi’s PM2.5 pol- fills when curbs are in place.
Around the same time, the Centre de- tion Plan (GRAP), which involved coordi- lution is up to 30% while soil and road dust As for the burning of farm residue or
cided to establish a network of monitoring nation between multiple agencies in Delhi is up to 20%, biomass burning is 20%, in- stubble in Delhi’s neighbouring States —
stations under the National Air Quality to activate pollution control measures cor- dustries is up to 15%, diesel generators up Haryana, Punjab, Uttar Pradesh, and Ra-
Programme (NAMP) to measure key pollu- responding to the increasing Air Quality to 10%, power plants up to 5% and notably, jasthan — researchers have emphasised
tants. Under the National Ambient Air Index (AQI) levels. the share of pollution from outside Delhi’s the need for airshed management, along
Quality Standards (NAAQS) specified by urban airshed (like stubble burning in with improved machinery subsidies from
the Central Pollution Control Board What led to high pollution in Delhi? neighbouring States) is up to 30%. the government and alternatives to crop
(CPCB), pollutants like PM10 (particulate Multiple studies over the years, including Multiple researchers have alleged that burning. An airshed is a common geo-
matter with a diameter exceeding 10 mi- the Delhi Pollution Control Committee’s the policy approach and measures taken graphic area where pollutants get trapped.
crons), sulphur dioxide and nitrogen ox- (DPCC) 2019 report by IIT Delhi and Ma- by the Central and State authorities for One major argument for the failure to
ides were measured. dras experts, found that the rapid growth specific polluting sectors over the years tackle Delhi’s pollution problems is that a
in Delhi’s population, industrialisation and have been fragmented and often reactive. large proportion of these polluting sources
How were air quality standards urbanisation, and increase in motorised IIT-Bombay professor Vinish Kathuria not- are present all year round and high pollu-
revised? private vehicle fleet led to the high concen- ed in the Economic and Political Weekly tion levels are mainly witnessed in winter
The NAAQS were revised in 2009 to in- tration of air pollutants such as particulate that the 2002 public transport overhaul to months due to unfavourable meteorologi-
clude 12 categories of pollutants including matter, nitrogen oxides, sulphur dioxide, CNG did not yield the desired results. cal conditions, meaning stop-gap and sea-
PM2.5 (particulate matter with a diameter carbon monoxide, and ozone. While SPM and PM10 levels fell marginally, sonal measures often yield unsatisfactory
under 2.5 microns) — a noxious pollutant Between 2001 and 2011, Delhi saw a carbon monoxide levels increased. outcomes.
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The Black Sea Grain Initiative
Who facilitated the deal between Russia and Ukraine? How has it helped global food chain supplies? Did it have a role in reducing inflation and foodgrain prices? What would
have happened if the initiative was suspended by Moscow?

EXPLAINER THE GIST

Saptaparno Ghosh D
Russia has re-joined the Black
The story so far: Sea Grain deal. “The Russian

I
n a move that allayed concerns about Federation believes that the
yet another disruption to global food guarantees it has received
supply chains, Russia last week re- currently appear sufficient, and
joined the Black Sea Grain deal. The rever- resumes the implementation of
sal came a day after Russian President Vla- the agreement,” the Russian
dimir Putin stated that Moscow would sus- Defence Ministry stated. It
pend, but not end, its involvement in the added that the mediation of
deal. “The Russian Federation believes the UN and Turkey had secured
that the guarantees it has received current- the continued cooperation.
ly appear sufficient, and resumes the im- D
plementation of the agreement,” news
agency Associated Press quoted the Rus- The Black Sea Grain deal
sian Defence Ministry as saying. It added endeavours to tackle
that the mediation of the United Nations escalating food prices
and Turkey had secured the continued emanating from supply chain
disruptions because of Russia’s
cooperation.
actions in the world’s
‘breadbasket’. Ukraine is
What is the Black Sea Grain Initiative? among the largest exporters of
The Black Sea Grain deal endeavours to wheat, maize, rapeseed,
tackle escalating food prices emanating sunflower seeds and sunflower
from supply chain disruptions because of oil, globally.
Russia’s actions in the world’s ‘breadbas- Foodgrain blockade: A truck is seen at a grain terminal in Ukraine on June 23. REUTERS
ket’. The deal, brokered by the UN and D
Turkey, was signed in Istanbul on July 22 Why is it important? countries (including Spain, Netherlands which have benefitted from the resump- As per the UN Office for
this year. Initially stipulated for a period of As per the UN Office for Coordination of and Italy among others), 28% reached low tion and are particularly dependent on Coordination of Humanitarian
120 days, with an option to extend or ter- Humanitarian Affairs, approximately 10.1 and lower-middle-income countries Russian and Ukrainian exports. Affairs, approximately 10.1
minate after November, the deal was to million tonnes of grains have been shipped (Egypt, Iran, Sudan and Kenya among oth- Joseph Glauber and David Laborde, se- million tonnes of grains have
provide for a safe maritime humanitarian since the initiative commenced. The UN ers) and 27% reached upper-middle in- nior Fellows at the International Food Pol- been shipped since the
corridor for Ukrainian exports (particular- Food and Agricultural Organisation’s come countries (China and Bulgaria icy and Research Institute (IFPRI), had ob- initiative commenced. The deal
ly for food grains) from three of its key (FAO) Food Price Index, which assesses among others). served, “Not only are those countries has also been credited for
ports, namely, Chornomorsk, Odesa and the monthly change in international prices As pointed out by several observers, more dependent on Ukraine as a supplier having made a “huge
Yuzhny/Pivdennyi. The central idea was to of a basket of food commodities, fell for notwithstanding its reach, the initiative of wheat and other grains, they tend to difference” to the global cost of
calm markets by ensuring an adequate the sixth consecutive month in a row dur- alone cannot address global hunger; it can buy more during the winter to supplement living crisis.
supply of grains, thereby limiting food ing the September assessment period. It only avert the chances of the global food their own harvests, which are largely con-
price inflation. was earlier inferred that the supply situa- crisis spiralling further, especially when sumed by the end of the year.” Thus, ac-
Ukraine is among the largest exporters tion in markets was seen to be easing, with the region is yet to scale prior year levels. cording to them, the suspension could
of wheat, maize, rapeseed, sunflower potential for further price drops. People have spurred food insecurity as well as po-
seeds and sunflower oil, globally. Its access hoarding the grain in the hope of selling it What would have happened if the tentially exacerbated political tensions.
to the deep-sea ports in the Black Sea ena- for a sizeable profit owing to the supply deal was suspended? As for domestic challenges, the re-
bles it to directly approach Russia and Eu- crunch were obligated to sell. The initia- In a nutshell, the deal’s suspension was ex- searchers observe that storage facilities in
rope along with grain importers from West tive has also been credited for having pected to re-introduce the price pressures Ukraine are already at capacity even as
Asia and North Africa. Russia’s actions in made a “huge difference” to the global cost on foodgrains, especially that of wheat, farmers turn to harvest the crops planted
the East European country had disturbed of living crisis. with inventories being at historical lows. It in spring. This, combined with restricted
this route which earlier used to ship 75% of About 44% of the shipments, which in- could have particularly impacted coun- export opportunities, would have implied
its agricultural exports — precisely what clude corn, wheat, rapeseed, and sunflow- tries in West Asia and Africa such as Egypt, lower prices for farmers even as shortfalls
the initiative sought to address. er oil among others, reached high-income Turkey, Lebanon, Sudan and Yemen spur prices globally.
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Catalog

OECD minimum tax and EU····················································································· 1

GST Decriminalisation······························································································ 4
US China Ties·········································································································· 9
Remittances Profile································································································ 13
NJAC······················································································································ 17
ILO wage report······································································································ 20
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EXPLAINER

The minimum tax on big businesses

Why have 136 countries and members of the EU agreed to implement a

15% tax rate on large multinational corporations? What are the particulars
of the Organisation for Economic Cooperation and Development’s global
tax agreement? Will low tax jurisdictions concur with the plan?

- Photo: Getty Images

PRASHANTH PERUMAL,

THE GIST

Members of the European Union last week agreed in principle to

implement a minimum tax of 15% on big businesses.

EU members have agreed to implement a minimum tax rate on

big businesses in accordance with Pillar 2 of the global tax agreement
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framed by the Organisation for Economic Cooperation and
Development (OECD) last year. This is to ensure that big businesses
with global operations do not benefit by domiciling themselves in tax
havens in order to save on taxes.

Many believe that the plan will help counter rising global
inequality by making it tougher for large businesses to pay low taxes
by availing the services of tax havens. It will also help governments
collect the revenues required for social spending.

The story so far:

Members of the European Union last week agreed in principle to implement a

minimum tax of 15% on big businesses. Last year, 136 countries had agreed on a
plan to redistribute tax rights across jurisdictions and enforce a minimum tax rate of
15% on large multinational corporations. It is estimated that the minimum tax rate
would boost global tax revenues by $150 billion annually.

What is it?

EU members have agreed to implement a minimum tax rate of 15% on big

businesses in accordance with Pillar 2 of the global tax agreement framed by the
Organisation for Economic Cooperation and Development (OECD) last year. Under
the OECD’s plan, governments will be equipped to impose additional taxes in case
companies are found to be paying taxes that are considered too low. This is to
ensure that big businesses with global operations do not benefit by domiciling
themselves in tax havens in order to save on taxes. Pillar 1 of the OECD’s tax plan, on
the other hand, tries to address the question of taxing rights. Large multinational
companies have traditionally paid taxes in their home countries even though they
did most of their business in foreign countries. The OECD plan tries to give more
taxing rights to the governments of countries where large businesses conduct a
substantial amount of their business. As a result, large U.S. tech companies may
have to pay more taxes to governments of developing countries.

What is the need for a global minimum tax?

Corporate tax rates across the world have been dropping over the last few decades
as a result of competition between governments to spur economic growth through
greater private investments. Global corporate tax rates have fallen from over 40% in
the 1980s to under 25% in 2020, thanks to global tax competition that was kick-
started by former U.S. President Ronald Reagan and former British Prime Minister
Margaret Thatcher in the 1980s. The OECD’s tax plan tries to put an end to this “race
to the bottom” which has made it harder for governments to shore up the revenues
required to fund their rising spending budgets. The minimum tax proposal is
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particularly relevant at a time when the fiscal state of governments across the world
has deteriorated as seen in the worsening of public debt metrics.

What lies ahead?

Some governments, particularly those of traditional tax havens, are likely to disagree
and stall the implementation of the OECD’s tax plan. High tax jurisdictions like the EU
are more likely to fully adopt the minimum tax plan as it saves them from having to
compete against low tax jurisdictions. Low tax jurisdictions, on the other hand, are
likely to resist the OECD’s plan unless they are compensated sufficiently in other
ways. It should be noted that, even within the EU, countries such as Poland have
already tried to stall the adoption of the global minimum tax proposal citing various
non-economic reasons. Since the OECD’s plan essentially tries to form a global tax
cartel, it will always face the risk of losing out to low-tax jurisdictions outside the
cartel and cheating by members within the cartel. After all, countries both within and
outside the cartel will have the incentive to boost investments and economic growth
within their respective jurisdictions by offering lower tax rates to businesses. This is a
structural problem that will persist as long as the global tax cartel continues to exist.

What good will the OECD’s tax plan do to the global economy?

Supporters of the OECD’s tax plan believe that it will end the global “race to the
bottom” and help governments collect the revenues required for social spending.

Many believe that the plan will also help counter rising global inequality by making it
tougher for large businesses to pay low taxes by availing the services of tax havens.
Critics of the OECD’s proposal, however, see the global minimum tax as a threat.
They argue that without tax competition between governments, the world would be
taxed a lot more than it is today, thus adversely affecting global economic growth.

In other words, these critics believe that it is the threat of tax competition that keeps
a check on governments which would otherwise tax their citizens heavily to fund
profligate spending programs.
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EXPLAINER

Decriminalisation of offences under GST

Why was there an emphasis on criminal jurisprudence behind the penal

provisions in the GST law? Should imposing penal laws be discouraged to
attract investors and businesses? What are the recommendations of the
48th GST Council meeting?

Meeting in progress: Union Finance Minister Nirmala Sitharaman chairs the 48th meeting of the GST
Council virtually, in New Delhi, on December 17. - Photo: PTI

G. S. BAJPAI, VIKRAM KARUNA,

THE GIST

The 48th GST Council meeting was held on December 17. The GST
Council chaired by Finance Minister Nirmala Sitharaman
recommended to decriminalise certain offences under Section 132 of
the Central Goods and Services Tax (CGST) Act, 2017.
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While Sections 122 to 131 of the CGST Act of 2017 contain
provisions relating to penalties, Sections 132 to 138 contains
provisions relating to prosecution and compounding. The amount of
tax evaded, the amount of Input Tax Credit (ITC) improperly claimed
or used, or the amount of refund improperly claimed determines the
length of the prison sentence.

Imposing penal provisions in an ambiguous ecosystem

significantly alters how businesses perceive risk and uncertainty,
directly impacting their ability to conduct business. The law already
contains sufficient penalties that serve as a deterrent against tax
evasion. Investors may be discouraged by the fear of criminal
sanctions in small, trivial, and petty matters, even before their
engagement in any business activity or investment.

The story so far:

The 48th GST Council meeting was held on December 17. The GST Council chaired by
Finance Minister Nirmala Sitharaman recommended to decriminalise certain
offences under Section 132 of the Central Goods and Services Tax (CGST) Act, 2017.
Some other recommendations, for the facilitation of trade, include an increased
threshold of the amount of tax for prosecution, reducing the compounding amount
in GST etc.

What was previously criminalised under GST?

Since the implementation of GST, there has been a significant increase in tax
evasion, with numerous cases of taxpayers using multiple strategies to avoid indirect
tax coming to light. Tax authorities are actively using technology and data from e-
way bills and GST returns to check evasion. The GST law establishes stringent
penalties and guidelines that taxpayers must abide by in order to ensure smooth
intrastate or interstate trade of goods and to combat corruption and maintain an
effective tax collection system.

The GST Law provides for two different types of penalties. They may be both
concurrent and simultaneous. The department authorities have the authority to
impose monetary fines and the seizure of goods as penalties for violating statutory
provisions. Criminal penalties include imprisonment and fines, which are also
provided by GST Law but which can only be awarded in a criminal court following a
prosecution.

Sections 122 to 131 of the CGST Act of 2017 contain provisions relating to penalties,
while Sections 132 to 138 contains provisions relating to prosecution and
compounding. The amount of tax evaded, the amount of Input Tax Credit (ITC)
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improperly claimed or used, or the amount of refund improperly claimed determines
the length of the prison sentence. The aforementioned section further divides
offences into those that are cognisable and bailable and those that are not
cognisable and bailable. Additionally, it is observed that many non-compliances fall
under both categories of penalties, prosecution, and compounding.

Which are the offences under GST law which attract IPC and CrPC
provisions?

Under the CGST Act, if a group of two persons or more agree to commit an illegal act
like tax evasion, fraud etc. they are held liable under the act of criminal conspiracy.
While Section 120A of the Indian Penal Code (IPC), defines criminal conspiracy,
Section 120B deals with punishment for the same and Section 46 of the Code Of
Criminal Procedure (CrPC) deals with how the arrest is made.

Section 69 of the CGST Act provides the power to arrest a person by an order of a
commissioner when he believes that a person has committed any offence under
Section 132. Section 67 of CrPC states that if a summons is issued outside the local
authority, a duplicate copy of that summons should be send to the Magistrate of that
outside authority to serve the summons. Section 165 of CrPC deals with the search
by the police officer while Section 67 of the CGST Act defines that only an officer not
below the rank of joint commissioner can authorise in writing an inspection or
search.

Why did Parliament include penal provisions in the GST law?

While replying to the queries of the members of the Rajya Sabha on April 6, 2017,
then Union Finance Minister Mr. Arun Jaitley laid emphasis on criminal jurisprudence
behind the penal provisions in the GST law. He said that “this (arrest provisions) was
thoroughly debated by all the Finance Ministers (Union and States), and there were
clearly two views at the very outset. The first view was, ‘why arrest’? The second view
was, supposing a man defrauds ₹100 crore, is the State government powerless? And
he has no assets to recover it from; what do you do? What is the kind of deterrent?
And then, the wisdom of the Council itself was that they chose a middle path….So, up
to a fraud of two crore rupees [now five crore rupees, after CGST (Amendment) Act,
2018], no arrest….only in the very big fraud cases where a man forges a complete
transaction, it is only then that the arrest is made. And this was the actual division —
should you have no arrest or should you have arrest only in rare cases and with very
stringent conditions”.

He also explained how compounding of offences and arrest co-exist, “Arrest is for
the offence and compounding is when the prosecution is filed, which is the next
stage. So, after arrest, you are on bail or not on bail; when the prosecution is filed,
there is a separate chapter which gives you the option of asking for a compounding
on such payment as the rules may themselves prescribe”.

What has been recommended to decriminalise the GST offences?

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The 48th GST Council meeting has recommended various measures to decriminalise
the GST offences such as raising the minimum threshold of tax amount for launching
prosecution under GST from one crore to two crore, except for the offence of
issuance of invoices without supply of goods or services or both, reducing the
compounding amount from the present range of 50 to 150% of the tax amount to
the range of 25 to 100%, and decriminalising certain offences specified under Section
132 of the CGST Act, 2017, such as obstructing or preventing any officer from doing
his duties, deliberate tempering of material evidence and failure to supply
information.

What will be the impact of decriminalisation?

The GST is a novel taxation system that includes a number of globally unprecedented
features. The law is still developing and is in its infancy which makes the same
difficult and uncertain to enforce. There are instances of conflict between court
decisions and rulings. The government is still working to streamline the laws. In
comparison to the pre-GST era, the GST compliance process with granular reporting
is noticeably more onerous.

Therefore, it is important to recognise that imposing penal provisions in an

ambiguous ecosystem significantly alters how businesses perceive risk and
uncertainty, directly impacting their ability to conduct business. The law already
contains sufficient penalties that serve as a deterrent against tax evasion. Investors
may be discouraged by the fear of criminal sanctions in small, trivial, and petty
matters, even before their engagement in any business activity or investment.

What are the other recommended measures to facilitate trade?

Two major recommendations include refunding unregistered persons and facilitating

e-commerce for micro enterprises.

There was no procedure for claim of refund of tax borne by unregistered buyers in
cases where the contract/agreement for supply of services, like construction of
flat/house and long-term insurance policy, is cancelled and the time period of
issuance of credit note by the concerned supplier is over. The Council recommended
amendment in CGST Rules, 2017, along with issuance of a circular, to prescribe the
procedure for filing application of refund by the unregistered buyers in such cases.

The GST Council in its 47th meeting had also granted in-principle approval for
allowing unregistered suppliers and composition taxpayers to make intra-state
supply of goods through E-Commerce Operators (ECOs), subject to certain
conditions. The Council approved the amendments in the GST Act and GST Rules,
along with issuance of relevant notifications, to enable the same. Further,
considering the time required for development of the requisite functionality on the
portal as well as for providing sufficient time for preparedness by the ECOs, the
Council has recommended that the scheme may be implemented from October
2023.
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What next?

If the above decriminalisation of GST offences are implemented with adequate

checks, then prosecution, arrest and imprisonment in GST cases would only be in the
rarest of rare cases of hard, habitual, deliberate defaulters and blatant specific
fraudulent practices. Other minor grievances may be dealt with in other resolution
mechanisms such as Alternate Dispute Resolution (ADR) mechanism, private ruling
and mediation, faceless adjudication and appeals, etc.

There were speculations that this GST council meeting will also deliberate on issues
like the establishment of a GST Appellate Tribunal, Group of Ministers Reports on
Pan Masala, Gutka and Group of Ministers Reports on online gaming, casinos and
horse racing. However, none of these were discussed.

G. S. Bajpai is Vice Chancellor, Rajiv Gandhi National University of Law, Punjab where
Vikram Karuna is an Assistant Professor.
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EXPLAINER

Analysing U.S.-China bilateral ties

What events led to the unprecedented downturn of relations between the

two countries? Is there a growing effort from both sides to reset the
relationship to the pre-trade war level? Is the complex relationship
between the two powers set on an irreversible trajectory of rivalry?

Easing tensions: U.S. President Joe Biden with Chinese President Xi Jinping on the sidelines of the G-20
summit in Bali, Indonesia on November 14. - Photo: REUTERS

ANAND V., UDAY NITIN PATIL,

THE GIST

U.S.-China relations have witnessed an unprecedented downturn

in 2022. Nancy Pelosi’s visit to Taiwan in August and the imposition of
heavy restrictions on China’s semiconductor industry by the U.S. in
October have fanned the flames of rivalry between the two nations.
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Mr. Biden and Mr. Xi discussed outstanding matters related to
U.S.-China relations for nearly three hours on the sidelines of the G-
20 meeting in Bali. Easing tensions and reopening channels of
communication were agreed upon by both the leaders.

While the meeting between the two heads of states certainly imply
that there is a move toward bringing in more stability into bilateral
relations, to what extent could this move be aimed at taking the
relation to where it was before the trade war remains questionable.

The story so far:

U.S.-China relations have witnessed an unprecedented downturn in 2022. Nancy

Pelosi’s historic visit to Taiwan in August has deeply upset bilateral ties. The
imposition of heavy restrictions on China’s semiconductor industry by the U.S. in
October has fanned the flames of rivalry further. Amid this escalation, the U.S.
President Joe Biden and Chinese President Xi Jinping had their first in-person
interaction on the sidelines of the G-20 summit in Bali in November, signalling a
probable relaxation of the growing tensions.

How did relations sour between U.S. and China?

The U.S. and China, ever since the establishment of diplomatic relations in the later
part of the Cold War, have worked toward enmeshing their economic systems from
the perspective of economic complementarity and strategic convergence. As a result,
China rose to the status of the second largest economy and got itself ingrained into
the global economy. This eventually translated into China’s growing economic
competence as well as its rising political ambition and might. China then started to
systematically undermine U.S. global dominance through military and diplomatic
means. This happened at a time when there was a growing perception of U.S. decline
amidst the global financial crisis and its entrenchment in the “forever wars” of
Afghanistan and Iraq.

Under Xi Jinping, China’s assertiveness rose further, as its quest for primacy in the
world stage became increasingly apparent. With Donald Trump’s entry into the White
House, the U.S. concerns about the threat from China reached critical levels. The
Trump administration took progressively confrontational steps towards China, with
growing bipartisan backing. The administration’s imposition of tariffs on China’s
exports turned into a “trade war” which started to reverse the trajectory of U.S.-
China relations. Though Mr. Biden succeeded Mr. Trump, the policy on China did not
change significantly, as the momentum for “decoupling” bilateral relations did not
just continue, but kept on gathering pace. China’s crackdown in Xinjiang and Hong
Kong, its “wolf warrior diplomacy” during the COVID-19 blame game, its evident
support to Russia during the Ukraine crisis, and its escalating offensive posturing
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towards Taiwan, made it imperative for the U.S. to continue with a confrontational
posture towards China.

The year 2022 witnessed the relations descend into an abysmal trajectory with the
Speaker of the U.S. House of Representatives, Nancy Pelosi visiting Taiwan. The visit
was extremely significant in light of sabotaging the U.S.’s stated commitment to the
One China Policy as well as bolstering its commitment towards the defence of
Taiwan. China expressed its exasperation through large scale military drills
seemingly aimed at blockading Taiwan and signalling the U.S. of its intent to respond
in kind. China has been going on an overdrive to gain technological dominance in the
fourth Industrial Revolution over the U.S. In order to undercut China’s growing
technological prowess, the U.S. imposed a series of restrictions on China targeting its
semiconductor chip industry. With tensions reaching a peak, the G-20 summit held
at Bali provided an opportunity for the leaders of both the countries to hit the pause
button on the deterioration of ties.

What was discussed between the two leaders on the G-20 sidelines?

Mr. Biden and Mr. Xi discussed outstanding matters related to U.S.-China relations
for nearly three hours at Bali. There was no joint statement released after the
meeting, although both sides provided their own perspectives on issues of mutual
concern. Easing tensions and reopening channels of communication were agreed
upon by both the leaders. The U.S. President expressed that both the countries
should “manage the competition responsibly and maintain open lines of
communication”, and that the U.S. is not looking for conflict with China. However, he
said that the U.S. “will continue to compete vigorously” with China. Mr. Biden
proposed promoting U.S.-China cooperation on the issues of climate change, global
macroeconomic stability, as well as global health and food security. He also
underlined the human rights concerns surrounding China’s activities in Xinjiang,
Tibet and Hong Kong.

On the other hand, the Chinese President stated that the relationship should not be
seen by the U.S. through the prism of “democracy versus authoritarianism”. Mr. Xi
also re-emphasised Taiwan’s position as being at “the very core of China’s core
interests” as well as the “the bedrock of the political foundation of China-U.S.
relations”, which the U.S. needs to respect. Meanwhile, Mr. Biden reiterated that the
U.S.’s commitment to the One China Policy had not changed, and that it will oppose
“any unilateral changes to the status quo by either side”. This is despite Mr. Biden’s
several previous statements which contradicted this stance. Mr. Xi also noted the
“five noes” previously mentioned by Mr. Biden — not seek a new Cold War; not seek
to change China's system; not to revitalise its alliances against China; not to disturb
the cross-Strait status quo; and not look for conflict with China. Mr. Xi stressed that
both the countries needed to “explore the right way to get along”.

What does the future hold?

The recent meeting between the two heads of states certainly imply that there is a
move toward bringing in more stability into bilateral relations. However, to what
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extent could this move be aimed at taking the relations to where it was before the
trade war remains questionable. For one, China has not moved away from its path to
attain its long term goal of centrality in the international system. In fact, Xi Jinping
has at multiple times underlined China’s time bound aspiration to achieve such a
goal through phased modernisation of the country. China’s more specific objectives
like the reunification of Taiwan with the mainland has been underscored by Mr. Xi
most recently in November during the 20th National Congress of the Chinese
Communist Party, where he consolidated his exceptional third leadership term.
Further, it has to be noted here that the “new era” of Xi Jinping is marked by China’s
efforts to project rather than conceal its capabilities.

On the other hand, the Biden administration has continued with intensifying the
U.S.’s rivalry with China by expanding it beyond trade and into avenues like
technology and political freedoms. It has also utilised multilateral approaches like
strengthening the Quad in the Indo-Pacific, and the founding of the Indo-Pacific
Economic Framework. However, the administration has coated these efforts with a
veneer of moderation and accommodation to demonstrate some distinctiveness
with the previous administration. For instance, the current U.S. administration’s
China policy outlined in May by the Secretary of State Antony Blinken identified
China as the “most serious long-term challenge” to the international order.
Nevertheless, it presented a three-pillar approach towards China — “invest, align,
compete”. This showcases the Biden administration’s intent to deal with the threat
posed by China without sliding into an inadvertent conflict.

Thus, the long-term trajectories of both countries do not seem to be poised for a
reset; rather, both seem to be buying time and reducing unnecessary risks while the
strategic rivalry unfolds.

Dr. Anand V. is an Assistant Professor (Senior Scale) at the Manipal Academy of

Higher Education, Manipal (Karnataka) where Uday Nitin Patil is a Doctoral Candidate
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EXPLAINER

The sustained growth in remittances

What are the general trends seen in remittances this year? Which are
India’s top source countries for inflow of money? Has there been a shift
from the Gulf to other regions? What does the World Bank’s report say
about future trends?

- Photo: Getty Images

G. SAMPATH,

THE GIST

Remittance denotes a sum of money sent by one party to another.

These days, the term typically describes the money sent by someone
working abroad to their family back home.
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With 20% of India’s emigrants in the U.S. and the U.K., “the
structural shift in qualifications and destinations has accelerated
growth in remittances tied to high-salaried jobs, especially in
services”.

A report by the World Bank predicts that growth in remittances

will fall to 2% in 2023 as the GDP growth in high-income countries
continues to slow, eroding migrants’ wage gains. For South Asia as a
whole, the growth in remittances is expected to fall from 3.5% in
2022 to 0.7% in 2023.

The story so far:

Remittances to India are set to touch a record $100 billion in 2022, according to the
World Bank’s latest Migration and Development Brief titled, ‘Remittances Brave
Global Headwinds’. India received $89.4 billion in 2021 — this is the first time a
country will reach the $100 billion mark.

What is a remittance?

It denotes a sum of money sent by one party to another. These days, the term
describes the money sent by someone working abroad to their family back home. In
the case of India, the largest sources of remittances have been from Indians working
in the Gulf Cooperation Council (GCC) countries (UAE, Bahrain, Saudi Arabia, Oman,
Qatar, Kuwait), and the U.S./U.K.

What has been the general trend in remittances this year?

World remittances are expected to touch $794 billion in 2022, up from $781 billion in
2021. This represents a growth of 4.9%, compared to 10.2% in 2021, which was the
highest since 2010. Of the $794 billion, $626 billion went to low- and middle-income
countries (LMICs). Remittances represent an even larger source of external finance
for LMICs in 2022, compared to foreign direct investment (FDI), official development
assistance (ODA), and portfolio investment flows. The top five recipient countries this
year are expected to be India ($100 billion), followed by Mexico ($60 billion), China
($50 billion), the Philippines ($38 billion) and Egypt ($32 billion).

What are the reasons behind the sustained growth in remittances?

According to the World Bank, one of the main reasons is the gradual reopening of
various sectors in host-country economies, following pandemic-induced closures and
travel disruptions. This “improved migrant workers’ incomes and employment
situations and thereby their ability to send money home.” An allied reason was the
“migrants’ determination to help their families back home” during the tough post-
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pandemic recovery phase. The report notes that the 10.2% growth in remittances
achieved in 2021, that too against the backdrop of the pandemic, owed a lot to the
stimulus measures enacted “to underpin faltering high-income economies”,
especially in the U.S. and Europe, which helped to support employment levels and
maintain or increase incomes of migrant workers, enabling them to send money
home.

What are the reasons behind the resilience of India’s inward remittance
flows?

The report points to a structural shift in India’s remittance economy, both in terms of
the top destination countries, and the nature of the jobs held by migrants. It notes
that “remittances have benefitted from a gradual structural shift in Indian migrants’
key destinations from largely low-skilled, informal employment in the Gulf
Cooperation Council (GCC) countries to a dominant share of high-skilled jobs in high-
income countries such as the U.S., the U.K., and East Asia (Singapore, Japan,
Australia, New Zealand).” In fact, between 2016-17 and 2020-21, while the
remittances from the U.S., U.K. and Singapore increased from 26% to 36%, the share
from five GCC countries dropped from 54% to 28%. In 2020-21, the U.S., with a share
of 23%, surpassed Saudi Arabia as India’s top source country for remittances.

With 20% of India’s emigrants in the U.S. and the U.K., “the structural shift in
qualifications and destinations has accelerated growth in remittances tied to high-
salaried jobs, especially in services,” states the report. This made a big difference
during the pandemic, when “Indian migrants in high-income countries worked from
home and benefitted from large fiscal stimulus packages” while in the post-
pandemic phase, “wage hikes and record-high employment conditions supported
remittance growth in the face of high inflation”.

In the GCC countries, Indian migrants benefited from governments’ direct support
measures to keep inflation low.

Finally, the report adds that Indian migrants may also have “taken advantage” of the
depreciation of the Indian rupee vis-à-vis the U.S. dollar – it fell by 10% between
January and September 2022 – to increase their remittances.

What does the report say about future trends?

The report predicts that growth in remittances will fall to 2% in 2023 as the GDP
growth in high-income countries continues to slow, eroding migrants’ wage gains.
For South Asia as a whole, the growth in remittances is expected to fall from 3.5% in
2022 to 0.7% in 2023. In the U.S., higher inflation combined with a slowdown will
limit remittance flows, while the GCC countries will also see cooling of remittance
outflows following a slowdown. The demand for labour is expected to soften as
construction activities for the FIFA World Cup in Qatar have ended. Nonetheless,
remittances to India are forecast to grow by 4% next year, “supported by the large
share of Indian migrants earning relatively high salaries in the U.S., the U.K. and East
Asia”.
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Their salaries, the report notes, “may be more resilient than those of lower-wage
migrants, for example in the GCC”.
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EXPLAINER

The impasse over appointment of judges

How did the National Judicial Appointments Commission come into being?
Why was it later struck down as ‘unconstitutional’? Why is the government
insisting on a different system for appointment of judges to the Supreme
Court and High Courts? What is the ‘basic structure’ doctrine?

- Photo: Getty Images

DIKSHA MUNJAL,

THE GIST

In August 2014, Parliament passed the Constitution (99th

Amendment) Act, along with the National Judicial Appointments
Commission (NJAC) Act, which together provided for the creation of
an independent commission to appoint judges to the Supreme Court
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(SC) and High Courts (HC). This commission was to replace the
collegium system.

In early 2015, the Supreme Court Advocates-on-Record

Association (SCAORA) filed a plea challenging the provisions which
had by then become laws. The SCAORA contended in its petition that
both the Acts were “unconstitutional” and “invalid”.

At that time, Solicitor-General Ranjit Kumar had argued that the

collegium was a “failure” and worked on a system of “intra-
dependence”, where there was “no transparency”.

The story so far:

Last week, Vice-President Jagdeep Dhankhar commented on the on-going heated

debate between the Central government and the Supreme Court over the matter of
judicial appointments. Referring to the 2015 verdict of the SC which struck down the
National Judicial Appointments Commission (NJAC) and the 99th Amendment, Mr.
Dhankhar asked how the judiciary could have run down a unanimously-passed
constitutional provision which reflected “the will of people”.

What was the NJAC?

In August 2014, Parliament passed the Constitution (99th Amendment) Act, along
with the National Judicial Appointments Commission (NJAC) Act, which together
provided for the creation of an independent commission to appoint judges to the
Supreme Court (SC) and High Courts (HC). This commission was to replace the
collegium system. The two Bills were ratified by the required number of State
Legislatures and got the President’s assent on December 31, 2014. Articles 124 and
217 of the Constitution deal with the appointment of judges to the SC and HCs of the
country. Article 124(2) states “every Judge of the Supreme Court shall be appointed
by the President” after “consultation” with the judges of the SC and the HCs. So, while
the collegium system itself does not figure in the Constitution, its legal basis is found
in three SC judgments — usually referred to as the ‘Judges Cases’. In order to replace
this system which received criticism over the years for its lack of transparency,
among other provisions, the Constitution (99th Amendment) Act, introduced three
primary Articles. Article 124A which created the NJAC, a constitutional body to
replace the collegium system, Article 124B which conferred the NJAC with the power
to make appointments to Courts and Article 124C which accorded express authority
to Parliament to make laws regulating the manner of the NJAC’s functioning. Under
the NJAC Act, the Chief Justice of India and Chief Justices of the HCs were to be
recommended by the NJAC on seniority while SC and HC judges were to be
recommended on the basis of ability, merit, and “other criteria specified in the
regulations”. Notably, the Act empowered any two members of the NJAC to veto a
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recommendation if they did not agree with it. In the collegium system, senior-most
judges make appointments to the higher judiciary.

Why was the NJAC challenged?

In early 2015, the Supreme Court Advocates-on-Record Association (SCAORA) filed a

plea challenging the provisions which had by then become laws. The SCAORA
contended in its petition that both the Acts were “unconstitutional” and “invalid”. It
argued that the 99th Amendment which provided for the creation of the NJAC took
away the “primacy of the collective opinion of the Chief Justice of India and the two
senior-most Judges of the Supreme Court of India” as their collective
recommendation could be vetoed or “suspended by majority of three non-Judge
members”. It invoked the Second Judges Case to say that CJI primacy had to be
protected. It also stated that the amendment “severely” damaged the basic structure
of the Constitution, of which the independence of the judiciary in appointing judges
was an integral part. The Second Judges Case of 1993 emphasised the role of the CJI
in appointing judges to SC and HCs. “The role of the CJI is primal in nature because
this being a topic within the judicial family, the Executive cannot have an equal say in
the matter,” the verdict reasoned. The “basic structure” doctrine meanwhile refers to
the idea that the Constitution could not be amended or read in a manner that
destroyed the document’s basic structure.

What were the arguments between the Centre and the Supreme Court?

Former Attorney-General Mukul Rohatgi, for the Union government, had argued in
court that the Second Judges case, invoked by the petitioners was not valid in the
case of the NJAC as the “very basis” of the ruling was now gone. The Centre also
argued that the Act in no way took away the primacy of the judiciary but in fact,
diluted the power of the executive as only one member, the Law Minister, was in the
NJAC as opposed to three SC judges. It also said that the amendment was “perfectly
consonant” with the basic structure as it strengthened the “independence of the
judiciary, checks and balances and democracy”. Solicitor-General Ranjit Kumar
further argued that the collegium was a “failure” and worked on a system of “intra-
dependence”, where there was “no transparency”.

In October 2015, the five-judge bench of the top court hearing SCAORA’s plea gave
its ruling, with a 4:1 majority, that the NJAC was “unconstitutional” and violated the
“basic structure of the constitution”. Significantly, the Bench admitted that all was
not well even with the collegium system of “judges appointing judges”, and that the
time was ripe to improve the system of judicial appointments.
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EXPLAINER

The lingering crisis of labour post-pandemic

What are the crises recognised by two reports on declining wages and
purchasing power as well as unemployment? Who has the increased cost of
living affected the most? Has the pandemic further contributed to wage
inequality? What has the International Labour Organisation suggested as
policy measures?

- Photo: Getty Images

A. M. JIGEESH,

THE GIST

The ‘Global Wage Report 2022-2023: The Impact of inflation and

COVID-19 on wages and purchasing power’ discuss the twin crises
which created a “striking fall” in real monthly wages around the
globe. Another report, the ‘Asia-Pacific Employment and Social
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Outlook 2022: Rethinking sectoral strategies for a human-centred
future of work’ stated that the Asia-Pacific region lost about 22
million jobs in 2022.

There has been a significant gap in the average level of real wages
between advanced G-20 countries and emerging G-20 countries such
as India.

The ILO states that the creation of decent formal wage

employment is a prerequisite for a more equitable distribution of
wages and income, and is a key contributor to equitable and
sustainable wage growth.

The story so far:

The International Labour Organisation (ILO) recently released two reports that gave
an indication of the global employment scenario post-pandemic. The ‘Global Wage
Report 2022-2023: The Impact of inflation and COVID-19 on wages and purchasing
power’ discuss the twin crises, inflation and economic slowdown, which created a
“striking fall” in real monthly wages around the globe. The report blames the war in
Ukraine and the global energy crisis for this situation. Another report, the ‘Asia-
Pacific Employment and Social Outlook 2022: Rethinking sectoral strategies for a
human-centred future of work’ stated that the Asia-Pacific region lost about 22
million jobs in 2022. ILO Director-General Gilbert F. Houngbo said the decrease in
wages is placing millions of workers in a dire situation. “Income inequality and
poverty will rise if the purchasing power of the lowest paid is not maintained,” he
warned.

What does the data show?

The ILO report on wages looked at the real and nominal wages of employees. The
word “wage”, was defined as the total gross remuneration including regular bonuses
received by employees during a specified period for time (monthly for the report)
worked as well as for time not worked, such as paid annual leave and paid sick leave.
The nominal wage data shows the adjusted figures after accounting for consumer
price inflation while real wage growth refers to the year-on-year change in real
average monthly wages of all employees. “In each edition of the Global Wage Report
the objective is to collect wage data from as many countries and territories (about
190) which are then grouped into five separate regions,” the ILO said on the
methodology of its report.

In India, the nominal wages rose to ₹17,017 per month in 2021 from ₹4,398 in 2006.
The data was taken from the Government of India’s Ministry of Statistics and
Programme Implementation. But when inflation is factored in, the real wage growth
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in India plunged to -0.2% in 2021 from 9.3% in 2006. In China, the growth decreased
from 5.6% in 2019 to 2% in 2022. In Pakistan, the growth is -3.8%. Figures of Sri
Lanka were not available. The negative growth in India started after the pandemic.

The report said the increasing cost of living has the greatest impact on lower-income
earners and their households as they have to spend most of their disposable income
on essential goods and services, which generally experience greater price increases
than non-essential items.

Is inequality rising?

At the Asia-Pacific level, only the jobs in high-skill occupations saw a recovery from
the COVID-19 crisis, which is true across all subregions. The ILO said it is raising
concerns about increased inequality. While there is an employment gain of 1.6%
among high-skill workers between 2019 and 2021, there is no such substantial gain
among low-to-medium-skill workers. Among the G-20 countries, the report noted a
significant gap in the average level of real wages between advanced G-20 countries
and emerging G-20 countries such as India. It is on the level of about $4,000 per
month in advanced economies and about $1,800 per month in emerging economies.

What are the ILO’s remedies?

The report suggests a set of policy options and responses to the cost-of-living crisis.
Citing studies, the report said that 75 to 95 million people were pushed into extreme
poverty during COVID-19. It said the bargaining process for future nominal wage
adjustments should embrace a sufficiently large but prudent price expectation. “This
could contribute to safeguarding the standard of living of households — particularly
low-income households — against unexpected future inflation hikes, while avoiding
an undesirable wage-inflation spiral,” it said. The report said that there is a need to
strengthen labour market institutions and wage policies. The ILO states that the
creation of decent formal wage employment is a prerequisite for a more equitable
distribution of wages and income, and is a key contributor to equitable and
sustainable wage growth. It wants governments to focus on gender pay gap as when
women leave the labour market, they are less likely to return than men. Most
importantly, the report says that a multilateral approach is the key to solving the
crises around us. There is an urgent need to address the negative effects of climate
change; increasing inequalities; the poverty, discrimination, violence and exclusion
endured by millions of people, including the discrimination that women and girls
continue to suffer in many parts of the world; the lack of vaccines and access to
adequate sanitation and essential healthcare for all; and the growing digital divide
between poor and wealthier countries.
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Catalog

Census Delay··········································································································· 1
Joshimath Sinking···································································································· 4
Ken Betwa River Linking···························································································8
Fukushima Nuclear Power Plant water···································································12
Ecological sensitive zone······················································································· 17
EVM Allegations····································································································· 22
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EXPLAINER

The delay in the decennial Census

What are the reasons for the repeated postponement of the 2021 Census?
What are its two phases? How will this delay impact administrative
functions, welfare schemes and other datasets? Is Census data important
to understand migration and migration patterns?

Valuable data: A Census official collects details of a family during the first phase of the 2011 Census at a
village near Siliguri. - Photo: PTI

DIKSHA MUNJAL,

THE GIST

The decennial Census of 2021 has been pushed forward yet again
and is unlikely to start till September 2023, at least.
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According to UN statistics, multiple countries had delayed their
census exercises due to the pandemic, but many of them, like the
U.S., U.K., China, and Bangladesh, have completed the count by now.

Outdated Census information (available from the last Census in

2011) often becomes unreliable and affects those who do and do not
receive the benefits of welfare schemes.

The story so far:

The decennial Census of 2021 has been pushed forward yet again and is unlikely to
start till September 2023, at least. The Additional Registrar General of India
communicated to States on January 2, without specifying a reason, that the date of
freezing of administrative boundaries has been extended till June 30. The Census can
only begin three months after the boundaries have been frozen, and the completion
of the Census in its two phases takes at least 11 months. Thus, even if started in an
urgent fashion from October this year, the possibility of its fruition in 2023 or early
2024 is ruled out, as general elections are due in March-April 2024.

How is the Census conducted?

India’s first proper or synchronous Census, one which begins on the same day or
year across regions of the country, was carried out in 1881 by the colonial
administration and has since happened every 10 years, except the one that was
supposed to be carried out in 2021.

The decennial census is carried out by lakhs of enumerators empanelled and trained
by the government in two phases. The first phase is the housing Census, where data
on housing conditions, household amenities and assets possessed by households
are collected and the second phase is where data on population, education, religion,
economic activity, Scheduled Castes and Tribes etc are collected.

How many times has the 2021 Census been delayed?

The Census is still conducted under the Census Act of 1948, which predates the
Constitution. Notably, the Act does not bind the government to conduct the Census
on a particular date or to release its data in a notified period. The Centre’s intent to
conduct the 2021 Census was notified in the Gazette of India on March 28, 2019. The
freeze on administrative boundaries was to be effective from January 1, 2020 to
March 31, 2021, before the COVID-19 pandemic. On December 14, 2022, Minister of
State for Home Nityanand Rai informed the Rajya Sabha, “due to the outbreak of the
COVID-19 pandemic, the Census 2021 and the related field activities have been
postponed until further orders.” According to UN statistics, multiple countries had
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delayed their census exercises due to the pandemic, but many of them, like the U.S.,
U.K., China, and Bangladesh, have completed the count by now.

What are implications of the delay?

The Census data is crucial for various administrative functions, welfare schemes, and
other surveys. Former Union Home Secretary G.K. Pillai said that “the government
should take a quick call and the delay is not good and has ramifications,”. Explaining
one of the implications, Mr. Pillai said that the Finance Commission allocates funds
to States on the basis of Census figures and any delay could put them at a
disadvantage.

Besides, outdated Census information (available from the last Census in 2011) often
becomes unreliable and affects those who do and do not receive the benefits of
welfare schemes. As per the National Food Security Act, 2013, 75% of the rural
population and 50% of the urban population — totalling 67% of the country’s
population — are entitled to receive subsidised food grains from the government
under the targeted public distribution system (PDS). According to the 2011 Census,
India’s population was about 121 crore, and PDS beneficiaries were approximately
80 crore. However, economists Jean Dreze and Reetika Khera have pointed out that
population growth over the last decade means that if the 67% ratio is applied to
2020’s projected population of 137 crore, PDS coverage should have increased to
around 92 crore people.

Former chairperson of the National Statistical Commission, Pronab Sen, told data
journalism portal IndiaSpend.com, that Census data are critical for other sample
surveys conducted in the country as they use the Census data as a ‘frame’ or list
from which a representative sample of the population is selected for surveys. For the
latest edition of the National Family Health Survey (NFHS-5) released last year, it was
the 2011 data that served as the sampling frame. Besides, the Census is crucial to
determine the population of migrants and migration patterns. The start of the
pandemic saw a sea of migrants on the country’s roads, and the only data available
with the government was from 2011, which could not answer queries on the
numbers, causes and patterns of migration.

Former bureaucrats also advise, that the exercise of collecting data for the National
Population Register (NPR), which was to happen with the first phase of the Census,
should now be delinked, owing to its politically sensitive nature and the urgency of
the Census.
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EXPLAINER

Why is the land sinking in Joshimath?

What significance does the town of Joshimath have? What is its geological
setting and how resistant is it to landslides and extreme weather? What is
the Joshimath Bachao Sangharsh Samiti? How have lack of drainage and
wastewater disposal systems contributed to land subsidence?

1 of 2 Unstable land: This house has been identified as unsafe due to cracks developed in and around it.
- Photo: KRISHNAN V.V.

KAVITA UPADHYAY,

THE GIST

By January 11, 723 houses from the town of Joshimath had

developed major or minor cracks on the floors, ceilings and walls. In
response, 145 families have been temporarily moved to safer
locations within the town.
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Joshimath’s geological setting, together with the unplanned and
rampant construction in and around the town, has resulted in land
subsidence. The town is built on the deposits of an old landslide,
which means that the slopes can be destabilised even by slight
triggers.

A report on Joshimath published by the Uttarakhand State

Disaster Management Authority (USDMA) in September 2022 said
that the floods of June 2013 and February 2021 heightened erosion in
the area.

The story so far:

Cracks first appeared in a few houses in Uttarakhand’s Joshimath town in October

2021. Over a year later, by January 11, 2023, 723 houses in all of the nine wards in
the town had developed major or minor cracks on the floors, ceilings and walls. In
response, 145 families have been temporarily moved to safer locations within the
town.

Where is the town of Joshimath situated?

At a height of 6,107 feet, Joshimath is a busy town in the Chamoli district of

Uttarakhand. Despite a population of only about 23,000, it has been heavily built-on,
with hotels, resorts, and a bustling market that caters mainly to tourists, pilgrims,
trekkers and personnel of the Army and the Indo-Tibetan Border Police (ITBP).

After the 1962 India-China war, Joshimath emerged as a place of strategic

importance as it leads to villages along the India-China border. It is also en route to
Barahoti, a disputed territory along the border. The town is also a gateway to noted
sites of pilgrimage — Badrinath for Hindus and Hemkund Sahib for Sikhs; the
international skiing site of Auli; and the Valley of Flowers, a UNESCO World Heritage
site.

However, today, Joshimath is overly burdened with structures built without any
regard for the land’s load-bearing capacity.

How vulnerable is Joshimath?

Joshimath’s geological setting, together with the unplanned and rampant

construction in and around the town, has resulted in land subsidence. The signs of
sinking first appeared in October 2021, when 14 families in the Chhawani Bazar
locality noted cracks in their houses. Subsequently, cracks continued to appear
around town and residents resorted to repairs. The situation became particularly
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alarming towards the end of 2022 and the beginning of 2023, when large parts of the
town experienced sudden land-sinking and several houses developed major cracks.

Joshimath is built on the deposits of an old landslide, which means that the slopes
can be destabilised even by slight triggers. The town is also in Zone V, which, as per
India’s seismic zonation scheme, denotes the highest risk. It lies between two
thrusts, the Main Central Thrust (MCT) and the Vaikrita Thrust (VT), and thus
occupies a seismically active terrain. Geologist Navin Juyal, who conducted research
on land subsidence in the town in 2022, said that because of the MCT, the area
around Joshimath is highly active in terms of slope mobility.

Joshimath is also prone to extreme weather. “Climatologically, Joshimath lies in a

region that frequently receives high-intensity, focussed rainfall,” Mr. Juyal said.
Extreme rains, for example, could trigger landslides, since the slopes are
precariously balanced, he said.

A report on Joshimath published by the Uttarakhand State Disaster Management

Authority (USDMA) in September 2022 said that the floods of June 2013 and
February 2021 heightened erosion in the area. Very heavy rains in October 2021 —
190 mm in 24 hours — worsened the subsidence and vulnerability to landslides, it
stated.

Land subsidence was noticed in the area decades ago. The then Uttar Pradesh
government (Uttarakhand was then a part of Uttar Pradesh) formed a committee led
by M.C. Mishra to study its causes. The committee’s report of 1976 warned against
heavy and unscientific construction in the town, writing: “Joshimath is a deposit of
sand and stone … hence was not a suitable place for the coming up of a township.
Vibrations produced by blasting and heavy traffic will also lead [to] disequilibrium in
natural factors.” However, Joshimath continued to develop exactly the way the
Mishra committee had advised against.

What is the role of the NTPC?

Locals have blamed the National Thermal Power Corporation’s (NTPC) 520-MW
Tapovan Vishnugad hydropower project, under construction in the area, for
exacerbating Joshimath’s land subsidence. On December 24, 2009, a tunnel boring
machine punctured an aquifer some three km from Selang village, which is only
about five km from Joshimath. The tunnel is nearly a kilometre under Auli, near
Joshimath. The puncture released water at 700-800 litres per second, enough to
meet the needs of at least two million people every day, as per a 2010 article by
researchers affiliated with the Dehradun-based Uttarakhand Disaster Mitigation and
Management Centre and the Srinagar Garhwal-based Hemvati Nandan Bahuguna
(HNB) Garhwal University.

O.P. Dimri (50), a Joshimath local, said, “After the (2009) incident, water sources in
our town started to dry up.” Additionally, while the amount of discharge has reduced
over the years, it has still not stopped, stated Puran Billangwal (43), another
Joshimath resident. Atul Sati, convener of the Joshimath Bachao Sangharsh Samiti,
which has been protesting against projects detrimental to Joshimath since 2004 and
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is currently leading protests demanding adequate relief and rehabilitation for
Joshimath’s residents whose houses have been damaged, believes that the water
released in 2009 is a major contributor to the subsidence. This month, water laden
with muck and some volatile chemicals, began surfacing in the town’s Marwari ward.
“Several of us believe the water is from the February 7, 2021 flood that would have
entered into the (under-construction) tunnel of the Tapovan Vishnugad project and
is now surfacing in Joshimath,” Mr. Sati said, adding that the water has been sent to
Dehradun for tests.

However, there have been no scientific studies establishing links between the
puncture and the subsidence in Joshimath. Therefore, the NTPC in a January 5 press
release denied any role in the ongoing crisis.

What about the Char Dham project?

The six-km Helang-Marwari bypass, being built by the Border Roads Organisation
(BRO), is also under scrutiny for weakening slopes and further destabilising the local
topography. The bypass is part of the 825-km Char Dham highway expansion project
in Uttarakhand, which experts have already questioned for unscientific slope-cutting,
which resulted in several landslides.

Mr. Juyal, the geologist, was a former member of the High Powered Committee that
the Supreme Court appointed to review the project. He had recommended that the
bypass be built only after a geotechnical feasibility study. He told The Hindu that the
project was built despite warnings from a few committee members. Residents stated
that the BRO was using drills and explosives to construct the bypass.

Yaspal Sundriyal, a geologist at the HNB Garhwal University who has studied land
subsidence in Joshimath, said, “Heavy construction work for the road is weakening
the foundations on which Joshimath stands. It could be detrimental to the town’s
existence.”

On January 5, the Chamoli district administration temporarily halted work on the

bypass and the NTPC dam in a desperate bid to slow the subsidence.

What are the other issues which have contributed to land subsidence?

The 2022 USDMA report also pointed to a lack of drainage and wastewater disposal
systems as being part of the subsidence problem. According to Mr. Sati, about 85%
of buildings in the town — including those owned by the Army — aren’t connected to
a sewerage system and have soak pits instead.

The 1976 Mishra committee report had warned that these pits could create “cavities
between soil and boulders”, as well as that inadequate drainage could lead to
landslides. Garhwal University’s Mr. Sundriyal has said that such cavities result in
land subsidence as well.

Kavita Upadhyay is an independent journalist and researcher from Uttarakhand, and

has been researching and writing on disasters in the region for a decade.
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EXPLAINER

What ails the Ken-Betwa river link project?

Why is the government keen on implementing the project? What are the
issues in the clearances given to the river link project? Will they hold legally?
What has the Standing Committee of the National Board for Wildlife
(NBWL) recommended? An environmentalist perspective:

Still waters: A boy plays in the Betwa river near Jhansi. - Photo: Monica Tiwari

MANOJ MISRA,

THE GIST

On January 18, the Steering Committee of the Ken-Betwa Link

Project (KBLP) held its third meeting in New Delhi. The Secretary of
the Department of Water Resources, in the Ministry of Jal Shakti,
reiterated that the KBLP was a “flagship” project of the national
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government and that it “is critical for the water security and socio-
economic development of Bundelkhand region”.

The link will be in the form of a canal that will be fed by the new
Daudhan Dam on the Ken, to be built within the Panna Tiger Reserve.
The national government has said that the dam will generate 103MW
of hydroelectric power.

Diversion or stopping or enhancement of the flow of water into or

outside wildlife sanctuaries/parks is taboo unless doing so is deemed
to be necessary to improve and better manage wildlife within a
sanctuary or a national park. And in the case of the Panna Tiger
Reserve, the Central Empowered Committee (CEC) of the Supreme
Court has found such diversion to not be necessary to improve and
better manage wildlife in the park.

The story so far:

On January 18, the Steering Committee of the Ken-Betwa Link Project (KBLP) held its
third meeting in New Delhi. It was chaired by the Secretary of the Department of
Water Resources, in the Ministry of Jal Shakti, who reiterated that the KBLP was a
“flagship” project of the national government and that it “is critical for the water
security and socio-economic development of Bundelkhand region”. In December
2021, the Union Cabinet approved KBLP at a total cost of ₹44,605 crore. In this
project, the national and the Madhya Pradesh governments will link the Ken river
with the Betwa river so that the latter can water the Bundelkhand region in Uttar
Pradesh.

What is the Ken-Betwa link?

The link will be in the form of a canal that will be fed by the new Daudhan Dam on
the Ken, to be built within the Panna Tiger Reserve. The national government has
said that the dam will generate 103MW of hydroelectric power. The linking canal will
flow through Chhatarpur, Tikamgarh and Jhansi districts, with the project expected
to irrigate 6.3 lakh hectares of land every year.

However, hydrological and ecological experts aren’t convinced, mainly because the
government’s plan is based on a ‘surplus and deficit’ model that they have said has
little basis in science. They are also concerned that the project will endanger the
water security of Panna. In 2018, environmentalist Ravi Chopra called the idea
“nonsense”; in 2021, conservation biologist Raghu Chundawat said that thanks to
KBLP, “Bundelkhand will suffer for decades to come”.

What clearances has the KBLP received?

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India enacted the Wildlife (Protection) Act 1972 at a critical juncture, when its wildlife
was in peril. The key provisions of the Act (Sections 18 and 35) relate to setting aside
areas of significance to wildlife as ‘sanctuaries’ and ‘national parks’. Sections 29 and
35(6) restrict human activities within them without prior approval.

Diversion or stopping or enhancement of the flow of water into or outside wildlife

sanctuaries/parks is taboo unless doing so is deemed to be necessary to improve
and better manage wildlife within a sanctuary or a national park. And in the case of
the Panna Tiger Reserve, the Central Empowered Committee (CEC) of the Supreme
Court has found such diversion to not be necessary to improve and better manage
wildlife in the park.

Additionally, downstream of the national park lies the Ken Gharial Sanctuary, created
to protect the critically endangered Gangetic gharial (Gavialis gangeticus). The
destructive impact of the proposed dam on the flow of water into and outside of this
sanctuary should be immediately clear. The CEC is quite firm in its report that “the
Standing Committee of the NBWL has not considered the impact of the project on
the downstream gharial sanctuary”.

The CEC submitted this report to the Supreme Court on August 30, 2019, and the
matter remains sub judice. The project is also reportedly still to receive full forest
clearance. A challenge to its environment approval is also pending before the
National Green Tribunal, presumably because the tribunal believes the project must
first secure forest clearance. Due diligence and expert scrutiny during the project-
approval stage are cornerstones of sound environmental governance. Therefore, it
was a big shock when, following Cabinet approval, the national government
announced the implementation of the KBLP in the 2022-2023 Union budget. It
further stated that ₹1,400 crore would be allocated for the project in that financial
year.

What about its legality?

There are significant legal problems with the approval granted to the KBLP. The CEC
has stated that the, “approval by the Standing Committee of the National Board for
Wildlife to the Ken-Betwa link Project has not been proved to be necessary for the
improvement and better management of the wildlife therein as provided in Section
35(6) of the Wildlife (Protection) Act, 1972.. ”.

This categorical observation was made vis-à-vis plans to create a high reservoir-dam
on the Ken river in the Panna National Park and Tiger Reserve for the KBLP. It
concurred with the applicants’ prayer at the apex Court; that the wildlife approval
given by the Standing Committee of the National Board for Wildlife (NBWL) at its
meeting on August 23, 2016, was ultra vires.

The Indian government catalysed this approval despite an expert body created by
the Standing Committee of the NBWL itself saying that “an independent hydrological
study of river Ken is necessary” and that “no developmental project should destroy
the ecology of remnant fragile ecosystems and an important tiger habitat in the
country”.
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How will Panna’s tigers be affected?

The Panna tiger reserve lost all of its tigers by 2009, requiring a remarkable effort
spanning almost a decade to reintroduce them. Panna is an exceptional tiger habitat
because of its deep gorges, which will be drowned if a new dam is built. An illegal
approval granted by a national board will bring to naught all the good, hard work of
the past. The government is also developing a larger ‘Panna Tiger Landscape’, but
this is not the concession many believe it to be. This landscape should be created in
any case for Panna’s tigers. Such landscape-level action is also required around most
wildlife areas in light of a new global target to protect 30% of global terrestrial and
marine areas by 2030, finalised at the COP15 biodiversity conference in December
2022. The question therefore is — why should such plans be designed and deployed
only because the heart of a tiger reserve is to be drowned and the park irreversibly
fragmented?

In fact, there may not even be enough water in the Ken, a non-perennial river, to
meet the projected needs of the Betwa — forget the needs of the Bundelkhand
region. This is why the NBWL expert body mandated an “independent” hydrological
investigation of the Ken. Older reports by State agencies had thrown up different,
and hence unreliable, projections. Such an independent investigation remains
pending. Independent experts have also said that it will be more economical and
faster if the governments restored Bunderlkhand’s erstwhile Chandel-period lakes
and ponds and if they replicated the successful field-pond schemes on priority. The
region is already blessed with adequate annual rainfall.

Against this background, rushing the KBLP sans due diligence — both technical and
legal — will intensify water conflicts between Madhya Pradesh and Uttar Pradesh;
dash locals’ longstanding expectations of irrigation and drinking water; and cost a
decade’s labour and funds. Ahead of the forthcoming 2023-2024 Union budget, one
hopes that we won’t be saddled with a textbook loss-loss project.

Manoj Misra is a former member of the Indian Forest Service and has been convener
of the Yamuna Jiye Abhiyaan (Campaign for a Living Yamuna) since 2007.
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EXPLAINER

Japan to flush Fukushima wastewater

Why is the Japanese government flushing 1.25 million tonnes of wastewater

into the Pacific Ocean? How will this discharge affect the ocean? Has the
TEPCO treated the water? What impact will this decision have globally?

VASUDEVAN MUKUNTH,

The Fukushima Daiichi accident in March 2011 triggered an avalanche

of public opposition to nuclear power worldwide, especially in Europe,

diminishing its contribution to the clean-energy power generation mix

THE GIST
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Japan is expected to start flushing 1.25 million tonnes of
wastewater from the embattled Fukushima nuclear power plant into
the Pacific Ocean this year, as part of a $76-billion project to
decommission the facility. The project received the Japanese cabinet’s
approval in 2021 and could take three decades to complete.

The water that the Japanese government wants to flush from the
plant was used to cool the reactors, rainwater and groundwater. It
contains radioactive isotopes from the damaged reactors and is thus
itself radioactive. It will release this water into the Pacific Ocean over
the next 30 years.

China, South Korea and Taiwan have expressed concerns over

Japan’s plan. A representative of the Pacific Islands Forum, the bloc of
Oceania countries including Australia, has called it “simply
inconceivable” based on their experience with “nuclear
contamination”.

The story so far:

Japan is expected to start flushing 1.25 million tonnes of wastewater from the
embattled Fukushima nuclear power plant into the Pacific Ocean this year, as part of
a $76-billion project to decommission the facility. The project received the Japanese
cabinet’s approval in 2021 and could take three decades to complete. The idea,
which experts and officials in Japan had floated in 2016, has been controversial for
its suspected impact on the water, marine life, fishers’ livelihoods and other
countries in the area. It has also received flak within Japan for sidelining other
options and stoked concerns about the government’s sincerity.

Why is the water a problem?

In March 2011, after an earthquake of 9 magnitude, a tsunami flooded the

Fukushima Daiichi nuclear power plant in Okuma and damaged its diesel generators.
The loss of power suspended coolant supply to reactors at the facility; the tsunami
also disabled backup systems.

Soon, radioactive materials leaked from reactor pressure vessels, exploded in the
facility’s upper levels, and exposed themselves to the ambient air, water, soil, and
local population. Winds also carried radioactive material thrown up into the air into
the Pacific. Since then, the power plant and its surrounding land have been
uninhabitable.

The water that the Japanese government wants to flush from the plant was used to
cool the reactors, rainwater and groundwater. It contains radioactive isotopes from
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the damaged reactors and is thus itself radioactive.

Japan has said that it will release this water into the Pacific Ocean over the next 30
years.

Can the water be treated?

The Tokyo Electric Power Company (TEPCO), which operates the Fukushima facility,
has said that it has treated the water to remove most radioactive isotopes. Former
Prime Minister Yoshihide Suga said in 2021 that the water will be “far above safety
standards”. His government required the water to have 1/40th as much tritium as
the permitted limit.

Officials have defended the plan saying the TEPCO is running out of room for the
water-tanks and that nuclear plants around the world regularly release water
containing trace amounts of radionuclides into large water bodies.

“There is no known threshold below which radiation can be considered safe,” M.V.
Ramana, the Simons Chair in Disarmament, Global and Human Security at the
University of British Columbia, Vancouver, told The Hindu.

“[A]ny discharge of radioactive materials will increase the risk of cancer and other
known health impacts to those who are exposed,” Dr. Ramana added.

What if the water is released in a trickle? “Smaller discharges will obviously help with
the extent of the risk — if you measure, say, expected numbers of cancers that might
result — but it wouldn’t necessarily affect the impact on the reputations of fisherfolk
in the region,” Dr. Ramana said.

Experts expect the affected water to poison the fish; “anyone who knows this is
happening will, or should, avoid eating fish caught in the vicinity of the discharge
point”.

South Korea banned seafood imported from around Fukushima, to Japan’s

displeasure, from 2013.

Another problem is that the TEPCO has not removed tritium from the water because
this is very difficult to do so. Tritium is “easily absorbed by the bodies of living
creatures” and “rapidly distributed... via blood,” Dr. Ramana said.

In 2018, Kyodo News reported that there were other radionuclides in the water that
the TEPCO’s treatment procedure could not entirely remove. These include isotopes
of ruthenium and plutonium, which could persist for longer in the bodies of marine
creatures and on the seafloor.

What are Japan’s other options?

Some have asked why the Japanese government can’t store the water for longer and
then discharge it. This is because tritium’s half-life — the time it takes for its quantity
to be halved through radioactive decay — is 12-13 years. The quantity of any other
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radioactive isotopes present in the water will also decrease in this time (each isotope
has its own half-life). So, at the time of discharge, the water could be less radioactive.

The Japanese government has also declared land around the Fukushima facility to be
uninhabitable. The thousand or so tanks to hold the water, each with a capacity of
1,000 metre cube, can be situated here.

But in 2020, authorities determined that flushing the water would be the way
forward, over storage and vapourisation. Many experts agreed.

After visiting Fukushima in February 2020, the International Atomic Energy Agency
(IAEA) officials also said the discharge would be “technically feasible and would allow
the timeline objective to be achieved”.

Will the Pacific Ocean be affected?

There are concerns about the water body as well as the region. China, South Korea
and Taiwan have expressed concerns over Japan’s plan. A representative of the
Pacific Islands Forum, the bloc of Oceania countries including Australia, has called it
“simply inconceivable” based on their experience with “nuclear contamination”.

Researchers have also called for more studies to understand the precise
composition of each tank before it is flushed and for more details about the TEPCO’s
water-treatment process.

The National Institute of Marine Laboratories, a non-profit group of more than a

hundred research centres across the United States, published a position paper in
December 2022 excoriating the plan: “The supporting data provided by the TEPCO
and the Japanese Government are insufficient and, in some cases, incorrect, with
flaws in sampling protocols, statistical design, sample analyses, and assumptions”.

On the flip side, the Joe Biden government in the U.S. voiced support for Japan’s plan
to discharge the water.

How will the rest of the world be affected?

All nuclear accidents have global repercussions.

The Fukushima Daiichi accident triggered an avalanche of public opposition to

nuclear power worldwide, especially in Europe, diminishing its contribution to the
clean-energy power generation mix.

In Japan itself, the accident reduced nuclear power’s contribution to electricity

generation from 30% before 2011 to 5% in 2022. But the incumbent Fumio Kishida
government has articulated plans to upgrade and restart older reactors and build
new ones in response to the increasing cost of fossil fuels.

However, both India and China doubled down on their domestic commitments. The
then Prime Minister Manmohan Singh called nuclear energy an “essential option” for
India’s climate action and energy security. His successor, Prime Minister Narendra
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Modi, has clarified that India plans to expand its nuclear power programme with
Russia’s help.

Then again, the accident also revived concerns about some existing nuclear power
plants — especially the Department of Atomic Energy’s Kudankulam Nuclear Power
Plant (KKNPP) facility in Tamil Nadu.

In October 2012, police arrested nearly 2,000 protestors after they attempted to
march to the Secretariat in Chennai against the KKNPP, in response to the
Fukushima accident and what they said were parallels between the two sites.

Ultimately, Japan is also concerned about its reputation. An official committee

including scientists, consumers’ representatives and Ministry officials wrote in a 2020
report: “It is important to dispose of the... treated water as part of the
decommissioning work... taking into account the reputational impact when the
disposal method for the... treated water is examined.”
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EXPLAINER

The conflict behind eco-sensitive zones

What mandate does the Forest Rights Act give gram sabhas? What is the
difference between reserve forests, protected areas, community forest
resource and ecologically sensitive zones? What were the problems with
the implementation of ESZs? Why were there protests in Kerala against
ESZs?

Extra protection: Amboori and Kallikkad Panchayat residents demanding the exemption of the
Panchayats from the proposed ESZ zone, in Thiruvananthapuram in May, 2022. - Photo: MAHINSHA.S

C.R. BIJOY,

THE GIST

Ecologically sensitive zones (ESZ) are intended to safeguard

‘protected areas’ — national parks and wildlife sanctuaries — by
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transitioning from an area of lower protection to an area of higher
protection.

However, this ‘fortress conservation model’, has come under

repeated criticism from conservation scientists, bringing in the
Scheduled Tribes and Other Traditional Forest Dwellers (Recognition
of Forest Rights) Act 2006 which is also known as the Forest Rights
Act (FRA). FRA recognises the customary and traditional rights (both
individual and collective) of forest-dwellers on forest land, including
in protected areas.

However, the ESZs span notified forests outside protected areas,

most of which could also come under gram sabhas’ jurisdiction under
the FRA. The extent of ESZs from the boundary of a protected area
ranges from 0 to as much as 45.82 km (in Pin Valley National Park,
Himachal Pradesh).

The story so far:

Ecologically sensitive zones (ESZ) are intended to safeguard ‘protected areas’ —

national parks and wildlife sanctuaries — by transitioning from an area of lower
protection to an area of higher protection. However, the creation of these zones has
provoked protests in Kerala and some other regions, in a precursor to what is likely
to emerge in other parts of the country.

What are protected areas?

Protected areas cover 5.26% of India’s land area as 108 national parks and 564
wildlife sanctuaries. They are notified under the Wildlife (Protection) Act 1972.
Protected areas do away with even those activities permitted in ‘reserve forests’,
where the rights of forest-dependent communities — those residing on and/or
accessing forest land — are extinguished, unless specifically allowed.

However, this rights-negating ‘fortress conservation model’, has come under

repeated criticism from conservation scientists, bringing in the Scheduled Tribes and
Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 which is
also known as the Forest Rights Act (FRA). FRA recognises the customary and
traditional rights (both individual and collective) of forest-dwellers on forest land,
including in protected areas.

How is the FRA being implemented?

By bringing in the FRA, lawmakers were trying to undo a historic injustice done to the
forest dwelling community of India. The Ministry of Environment, Forests and
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Climate Change (MoEFCC) reckoned in 2009 itself that doing so would mean handing
over at least four lakh sq. km — more than half of India’s notified forest area — to
village-level institutions. But as of June 2022, only 64,873.70 sq. km — or 16% — has
come under the FRA. (The actual area is likely smaller as some areas have been
counted multiple times for different rights.)

However, this has been achieved in only a decade and a half, compared to no
improvements in the six decades before. This is attributed to the gram sabhas which
took over the power to determine rights through open democratic process from
government officials. These gram sabhas are now the statutory authorities
empowered to conserve, protect and manage forests, wildlife and biodiversity lying
within the traditional village boundaries. These areas under gram sabhas are to be a
new category of forests called ‘community forest resource’ (CFR). Gram sabhas have
to integrate their CFR conservation and management plan into the ‘working plan’ of
the Forest Department, with the required modifications.

What are ESZs?

Surrounding protected areas is a region of more than 1,11,000 sq. km — or 3.4%

percent of the country’s land — which falls under the ESZ regime. Governments have
notified 341 ESZs in 29 States and five Union territories, while another 85 ESZs are
awaiting notification. Together, protected areas and ESZs cover 8.66% of India’s land
area.

The ESZs span notified forests outside protected areas, most of which could also
come under gram sabhas’ jurisdiction under the FRA. The extent of ESZs from the
boundary of a protected area ranges from 0 to as much as 45.82 km (in Pin Valley
National Park, Himachal Pradesh). Fifteen States have ESZs exceeding 10 km.

What is the problem?

Significantly, parts of the ESZs in ten States — Andhra Pradesh, Chhattisgarh,

Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha,
Rajasthan and Telangana — fall within the Scheduled Areas notified under the Fifth
Schedule of the Constitution. Such Scheduled Areas cover over 11% of the country’s
land area and are thickly forested and mountainous. They are preponderantly
populated by Scheduled Tribe groups and are notified by the President under Article
244 where the Provisions of the Panchayat (Extension to Scheduled Areas) Act (PESA)
1996 apply. The PESA recognises habitation-level gram sabhas to be competent to
safeguard and preserve community resources on forest and revenue lands in
Scheduled Areas.

However, the MoEFCC has shown no inclination to amend the Indian Forest Act 1927,
the Wildlife (Protection) Act, 1972 and the Environment (Protection) Act 1986 (under
which ESZs are notified) to comply with the PESA and FRA. In fact, in the Forest
Conservation Rules, compliance with the FRA, recognition of forest rights and the
gram sabha’s consent were preconditions for considering proposals to divert forest
land for non-forestry purposes — until the MoEFCC did away with them in 2022. The
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Ministry has also overlooked demands by the National Commission for Scheduled
Tribes to restore the erstwhile FRA compliance procedure.

How exactly were the ESZs implemented?

The 2002 Wildlife Conservation Strategy envisaged lands within 10 km of the

boundaries of protected areas to be notified as ecologically fragile zones under
Section 3(2)(v) of the Environment Protection Act 1986 and its Rules 5(viii) and (x).
The MoEFCC was to take steps to protect the environment by regulating and (if
required) prohibiting industries, operations and processes. Rule 5(1)(vi) provided for
environmentally compatible land-use in areas around protected areas.

In 2005, the National Board for Wildlife decided to delineate site-specific ESZs to
regulate specific activities instead of prohibiting them. Therefore, in May 2005, the
MoEFCC asked the States and UTs to propose ESZs.

The MoEFCC guidelines for ESZs stated that based on the forest rangers’ inventory of
land-use and wildlife corridors within 10 km of each protected area, a committee
consisting of the Wildlife Warden, an ecologist, and an official from the local
government was to determine the extent of each ESZ, the nature of environmental
concerns to be addressed and ways to address them. The Chief Wildlife Warden was
to then list the activities that were to be prohibited, to be restricted with safeguards
and to be permitted.

After this process, the State government would submit this list, the geographical
description of the area and the biodiversity values, the rights and entitlements of
local communities, and their economic potential and implications for their
livelihoods, as a proposal to the MoEFCC for notification. The guidelines also outlined
a general indicative list of activities to be prohibited, regulated or permitted and
information to be incorporated in the proposal.

Within two years of notification, the State government is required to draft a Zonal
Master Plan for each ESZ in consultation with a number of departments. However,
there has been no information to the public on a Zonal Master Plan since 2012,
when ESZs first began to be notified.

Additionally, to monitor compliance with the various provisions of each notification,

a State had to set up a monitoring committee for each ESZ. The committee is
required to report the actions taken, to the Chief Wildlife Warden every year.

Unfortunately, the institutional mechanisms and procedures prescribed in the

guidelines and the ESZ notifications disregarded many legal facts and statutory
requirements. They set aside the habitation-level gram sabhas in Scheduled Area
and CFR forests and the Panchayat-raj institutions entrusted with soil conservation,
water management, social forestry, etc., even though those activities fall squarely
within the scope of ESZs. In effect, what ought to have been a location, community
and ecology specific plan, arrived at through people’s informed participation,
became a ‘one size fits all’ notification.
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What has led to the protests?

On June 3, 2022, the Supreme Court gave further directions on ESZs. First, the Court
said that the MoEFCC guidelines are also to be implemented in the area proposed in
the draft notification awaiting finalisation and within a 10-km radius of yet-to-be-
proposed protected areas. The Court also allowed States to increase or decrease the
minimum width of ESZs. Secondly, the Court vested the powers to ensure
compliance with the guidelines with the Principal Chief Conservator of Forests (PCCF)
and the Home Secretary of the State/UT. The PCCF was to make a list of all structures
within the ESZs and report it to the Supreme Court within three months (this is yet to
be done). The Court also ordered that no new permanent structure could come up
for any purpose within an ESZ.

This effectively meant that all the activities permitted by the guidelines and which
are already being carried out can continue only if the PCCF grants permission, and
that too within six months of the court’s order. This period has already expired.
Additionally, the Court’s directions have put the lives of many people in the hands of
the PCCF — whose authority now extends beyond the forest to revenue lands falling
within an ESZ. This has led to protests in Kerala.

The new structures that are banned could include electric poles, buildings, walls,
roads and bridges. Millions of forest-dwellers living on forest land and on the fringes
of forests are the most affected. After having been denied forest rights, they are now
also denied better public infrastructure. The government and the judiciary need to
reconcile laws, reaffirm democratic governance, and protect the environment and as
well as livelihoods.

C.R. Bijoy examines resource conflicts and governance issues.

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EXPLAINER

India’s new proposal for migrant voting

Why is there opposition against the new Remote Electronic Voting Machine
(RVM)?Are there doubts regarding the existing EVMs? What are VVPATs and
why were they introduced inside the voting units? Will the new voting
machines be different? What will be the administrative and logistical
challenges?

Fool-proof?: EVMs inside a strong room ahead of counting of votes for Gujarat Assembly elections, in
Ahmedabad on December 8, 2022. - Photo: PTI

DIKSHA MUNJAL,

THE GIST

The Election Commission of India (ECI) could not demonstrate a

prototype of its new Remote Electronic Voting Machine (RVM), which
would allow domestic migrants to vote in national and regional
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elections, after the Opposition raised concerns about the logistical
and administrative challenges to remote voting.

A 2021 report titled, ‘Is the Indian EVM and VVPAT System Fit for
Democratic Elections?’, stated that the election process should not
only be free and fair but “also be seen to be free and fair”, meaning
instead of being told to trust the process the general public should
be provided with provable guarantees to facilitate this trust. The
report points out that the details of the EVM design, prototype,
software, and hardware verification are not publicly available for
technical and independent review.

The ECI has said time and again that EVMs and their systems are
“robust, secure, and tamper-proof”, owing to the technical and
institutional safeguards in place. The ECI claims that the safeguards,
such as the sealing of machines with signatures of polling agents,
first-level checks, randomisation of machines, and a series of mock
polls before the actual voting, cannot be circumvented.

The story so far:

The Election Commission of India (ECI) could not demonstrate a prototype of its new
Remote Electronic Voting Machine (RVM), which would allow domestic migrants to
vote in national and regional elections, after the Opposition raised concerns about
the logistical and administrative challenges to remote voting. The Congress had
earlier urged the poll body to first “restore trust in the electoral system” and
systematically address fears of the misuse of existing EVMs.

How do existing EVMs work?

EVMs started being used on a larger scale in 1992 and since 2000, have been used in
all Lok Sabha and State Assembly elections. There have been three iterations of the
machine with improved features, the latest one being the M3 model which was
manufactured from 2013 onwards. Multiple political parties in 2010 approached the
ECI to come up with a mechanism that could help verify that the EVM had recorded
the vote correctly as intended by the voter. The ECI, thus, developed along with two
Public Sector Undertakings (PSU), the Voter Verified Paper Trail Audit (VVPAT)
machine to have a paper trail in the voting process. The use of VVPATs has become
universal in elections since mid-2017.

The current EVM setup has a Balloting Unit (BU) which is connected to the VVPAT
printer, both of which are inside the voting compartment. The VVPAT is connected to
the Control Unit (CU), which sits with the Presiding Officer (PO) and totals the
number of votes cast, on its display board. Only once the PO presses the ballot
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button on the CU, does the BU get enabled for the voter to cast her vote by pressing
the key corresponding to the candidate on the ballot paper sheet pasted on the BU.
The VVPAT, which is essentially a printing machine, prints a slip with the poll symbol
and candidate name, once the voter presses the key on the BU. This slip is visible to
the voter on the VVPAT’s glass screen for seven seconds after which it gets dropped
off in a box inside the VVPAT. Once a vote is cast, the BU becomes inactive till the PO
schedules the next vote by enabling it again from the CU.

What are the concerns about EVMs?

Concerned civil society organisations, civil servants who have overseen elections,
academicians, journalists, former judges, and political figures formed the Citizens’
Commission on Elections (CCE) in 2020, which conducted analysis, recorded
depositions from national and international field experts and released a report in
2021 titled, ‘Is the Indian EVM and VVPAT System Fit for Democratic Elections?’.

The report highlighted the widely recognised ‘democracy principles’ to be adhered to

while conducting public elections. It stated that the election process should not only
be free and fair but “also be seen to be free and fair”, meaning instead of being told
to trust the process the general public should be provided with provable guarantees
to facilitate this trust. The report points out that the details of the EVM design,
prototype, software, and hardware verification are not publicly available for technical
and independent review, rendering it available only for a black-box analysis, where
information about its inner workings is not accessible.

However, the ECI says that unlike other countries, Indian EVMs are standalone, are
not connected to the internet, and have a one-time programmable chip, making
tampering through the hardware port or through a Wi-Fi connection impossible.
Multiple computer scientists have demonstrated that this claim does not stand up to
scrutiny as it does not take into account ‘side-channel’, insider fraud, and trojan
attacks. Besides, the OTP chip which cannot be rewritten, also has a flip side, even
pointed out by BJP leader G. V. L. Narasimha Rao in his 2010 book Democracy at Risk!
Can we trust our Electronic Voting Machines?. The ECI sends the EVM software to two
foreign chipmakers (in the U.S. and Japan) to burn into the CPU and the
manufactured chips are then sent to India for assembly into machines by the two
PSUs (BEL and ECIL). This means that the manufacturers cannot read back the
contents of the software to ensure its integrity is intact. Functionality tests done by
manufacturers can only reveal if the machine is working properly.

What are the problems with VVPAT?

Dr. Subhashis Banerjee, the head of IIT-Delhi’s computer science department and a
member of the CCE, told The Hindu that for the voting process to be verifiable and
correct, it should be machine-independent, or software and hardware independent,
meaning, the establishment of its veracity should not depend solely on the
assumption that the EVM is correct. Ronald Rivest, an MIT professor and the inventor
of encryption, defined in his seminal 2008 paper that “a voting system is software
(hardware) independent if an undetected change in software (hardware) cannot lead
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to an undetectable change in the election outcome,” or even if the voting machine is
tampered, the same should be detectable in an audit. Dr. Banerjee explained that a
simple way to keep the process software or hardware independent is to keep
another record, which in a crude or weak way, he said, is done by the VVPAT, which,
he added, has its own set of problems.

Dr. Banerjee contends that the current VVPAT system is not voter verified in its full
sense, meaning, while the voter sees their vote slip behind the VVPAT’s glass for
seven seconds, it does not mean they have verified it. That would happen if the voter
got the printout in their hand, was able to approve it before the vote is finally cast,
and was able to cancel if there is an error. Former IAS officer Kannan Gopinathan,
who has overseen both Assembly and Lok Sabha elections, notes in his 2021 paper,
that the “voter should have full agency to cancel a vote if not satisfied; and that the
process to cancel must be simple and should not require the voter to interact with
anybody”. Under the current system, if the voter disputes what they have seen
behind the screen, they are allowed a test vote in the presence of an election officer,
and if the outcome of the test vote is correct, the voter can be penalised or even
prosecuted. Mr. Gopinathan and the CCE report argue that this penalisation is
discouraging.

Additionally, the assurance given by the ECI that the EVM-VVPAT system is not
connected to any external device has been questioned by former civil servants and
multiple studies. For the VVPAT to be able to generate voting slips, the symbols,
names and the sequence of the candidates need to be uploaded on it which is done
by connecting it to a laptop. Mr. Gopinathan points out that to create a VVPAT sheet
on the laptop, an application is either downloaded from the ECI server or copied
from a local device. It is then uploaded to another device or the Symbol Loading Unit
(SLU) through a nine-pin cable, which in turn is connected to the VVPAT for upload.
This process raises questions. What is the communication protocol followed here? If
the VVPAT is cleared and loaded with new information for every election, does this
mean it has a programmable memory? These questions remain unaddressed.

What are institutional safeguards?

The ECI has said time and again that EVMs and their systems are “robust, secure, and
tamper-proof”, owing to the technical and institutional safeguards in place. The ECI
claims that the safeguards, such as the sealing of machines with signatures of polling
agents, first-level checks, randomisation of machines, and a series of mock polls
before the actual voting, cannot be circumvented. However, domain experts and
former observers have shown that vulnerabilities can arise. For example, Mr.
Gopinathan states in his report that since it is “known upfront that a fixed number of
votes cast at the beginning of the polls in each polling station”, will be part of the
third mock poll, “theoretically a hack can easily bypass the first few votes, thereby
preventing detection of foul play as every key press in the EVM is date and time
stamped”.

How will RVMs be different?

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The EC states in its concept note that the Multi-Constituency RVM for migrant voting
will have the same security system and voting experience as the EVM. This essentially
means that the challenges mentioned above with regard to the current EVMs will
persist when it comes to the RVMs.

Besides, the Commission says the RVM can handle multiple constituencies (up to 72)
from a single remote polling booth. For this, instead of a fixed ballot paper sheet, the
machine has been modified to have an electronic dynamic ballot display which will
present different candidate lists corresponding to the constituency number of the
voter read by a constituency card reader. The ECI has added a digital public display
unit or a monitor to act as an interface between the constituency card reader and
the BU display. As for the commissioning process of the machine, the electronic
ballot will be prepared by the Returning Officers (ROs) of home constituencies of
voters, and forwarded to the remote RO for uploading in the SLU.

This would raise questions about how these new devices communicate with each
other — is there a device with programmable memory? At what point is the unit
connected to an external device for symbol loading, and while the keys on the BU
are mapped to the serial numbers, would it be possible to mess with the digital
display to show a modified list to the voter?

Besides machine related concerns, Dr. Banerjee pointed out the logistical and
administrative challenges that remote voting would present. These include questions
on how voter registration will take place in remote locations, how names will be
removed from the electoral rolls of the home constituency, how remote voting
applications will be made transparent etc.
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Catalog

Heat wave formation································································································· 1

Vostro Accounts······································································································· 5
Lithium Reserve········································································································ 9
Disinvestment········································································································· 14
Judicial Majoritism·································································································· 17
MGNREGA Economic Survey················································································ 20
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EXPLAINER

The sophisticated anatomy of heat waves

What was the warning issued by the India Meteorological Department?

Why do heat waves occur? Why are they more frequent and intense? How
do the La Niña and El Niño weather patterns affect the formation of heat
waves? How can we forecast the arrival of heat waves?

- Photo: iStockphoto

RAGHU MURTUGUDDE,

THE GIST

On February 21, the national capital recorded its third hottest

February day (33.6° C) in more than five decades.

According to the IMD, a region has a heat wave if its ambient

temperature deviates by at least 4.5-6.4°C from the long-term
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average. Heat waves are expected to become longer and more
intense and frequent over the Indian subcontinent.

We should further improve forecast warnings, issue them as soon

as possible, and couple them with city-wide graded heat action plans
to protect the vulnerable.

The story so far:

Last week, the India Meteorological Department (IMD) warned that the maximum
temperatures over northwest, west, and central India would be 3-5°C higher than
the long-term average. On February 21, the national capital recorded its third hottest
February day (33.6° C) in more than five decades.

What is a heat wave?

According to the IMD, a region has a heat wave if its ambient temperature deviates
by at least 4.5-6.4°C from the long-term average. There is also a heat wave if the
maximum temperature crosses 45°C (or 37°C at a hill-station).

Heat waves are expected to become longer and more intense and frequent over the
Indian subcontinent. In 2022 itself, the heat waves started early and were more
numerous. They also extended further south into peninsular India due to a north-
south pressure pattern set up by the La Niña, a world-affecting weather
phenomenon in which a band of cool water spreads east-west across the equatorial
Pacific Ocean.

The last three years have been La Niña years, which has served as a precursor to
2023 likely being an El Niño year. (The El Niño is a complementary phenomenon in
which warmer water spreads west-east across the equatorial Pacific Ocean.) As we
eagerly await the likely birth of an El Niño this year, we have already had a heat wave
occur over northwest India. Heat waves tend to be confined to north and northwest
India in El Niño years.

How do heat waves occur?

Heat waves are formed for one of two reasons — warmer air is flowing in from
elsewhere or it is being produced locally. It is a local phenomenon when the air is
warmed by higher land surface temperature or because the air sinking down from
above is compressed along the way, producing hot air near the surface.

A study published on February 20, 2023, in Nature Geoscience offers explanations as

to how different processes contribute to the formation of a heat wave. (The study’s
findings have been adapted here to the Indian context.)
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First of all, in spring, India typically has air flowing in from the west-northwest. This
direction of air-flow is bad news for India for several reasons. In the context of
climate change, West Asia is warming faster than other regions in latitudes similarly
close to the equator, and serves as a source of the warm air that blows into India.
Likewise, air flowing in from the northwest rolls in over the mountains of Afghanistan
and Pakistan, so some of the compression also happens on the leeward side of these
mountains, entering India with a bristling warmth.

While air flowing in over the oceans is expected to bring cooler air, the Arabian Sea is
unfortunately warming faster than most other ocean regions.

Next, the strong upper atmospheric westerly winds, that come in from the Atlantic
Ocean over to India during spring, control the near-surface winds. Any time winds
flow from the west to the east, we need to remember that the winds are blowing
faster than the planet itself, which is also rotating from west to east. The energy to
run past the earth near the surface, against surface friction, can only come from
above. This descending air compresses and warms up to generate some heat waves.

Finally, the so-called lapse rate — the rate at which temperatures cool from the
surface to the upper atmosphere — is declining under global warming. In other
words, global warming tends to warm the upper atmosphere faster than the air near
the surface. This in turn means that the sinking air is warmer due to global warming,
and thus produces heat waves as it sinks and compresses.

Given that these are the processes that contribute to the formation of a heat wave,
and the ways in which global warming affects them, it is clear why once-a-decade
heat wave events have started to occur once every few years, and are also more
intense.

How does air mass contribute to heat waves?

The other factors that affect the formation of heat waves are the age of the air mass
and how far it has travelled. The north-northwestern heatwaves are typically formed
with air masses that come from 800-1,600 km away and are around two days old.
Heat waves over peninsular India on the other hand arrive from the oceans, which
are closer (around 200-400 km) and are barely a day old. As a result, they are on
average less intense.

In sum, heat waves have a sophisticated anatomy with important implications for
how well we can predict them. Nonetheless, early-warning systems can take
advantage of the processes, modes of formation, location, and age of the air mass to
improve the quality of warnings and also increase how soon they can be issued.
Sizeable investments in human and computational resources have already increased
India’s forecast skills in the last decade.

For reasons that we are yet to fully understand, mortality over India due to heat
waves are substantially lower than those in other mid-latitude regions (including
potentially significant under-reporting). We should further improve forecast
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warnings, issue them as soon as possible, and couple them with city-wide graded
heat action plans to protect the vulnerable.

Raghu Murtugudde is a visiting professor at IIT Bombay and an emeritus professor at

the University of Maryland.
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EXPLAINER

Vostro accounts and how they facilitate trade

What are Special Rupee Vostro Accounts? What are the three important
components of the framework? What has the Economic Survey said about
this arrangement? Can this arrangement speed up rupee’s status as an
international currency?

- Photo: iStockphoto

SAPTAPARNO GHOSH,

THE GIST

20 Russian banks, including Rosbank, Tinkoff Bank, Centro Credit

Bank and Credit Bank of Moscow have opened Special Rupee Vostro
Accounts (SRVA) with partner banks in India.
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A vostro account is an account that domestic banks hold for
foreign banks in the former’s domestic currency, in this case, the
rupee. Domestic banks use it to provide international banking
services to their clients who have global banking needs. It is an
integral offshoot of correspondent banking that entails a bank to
facilitate wire transfer, conduct business transactions, accept
deposits and gather documents on behalf of the other bank.

The Economic Survey (2022-23) had argued that the framework

could largely reduce the “net demand for foreign exchange, the U.S.
dollar in particular, for the settlement of current account related
trade flows”.

The story so far:

Last week, government officials informed that 20 Russian banks, including Rosbank,
Tinkoff Bank, Centro Credit Bank and Credit Bank of Moscow have opened Special
Rupee Vostro Accounts (SRVA) with partner banks in India. All major domestic banks
have listed their nodal officers to sort out issues faced by exporters under the
arrangement.

What is the SRVA arrangement?

A vostro account is an account that domestic banks hold for foreign banks in the
former’s domestic currency, in this case, the rupee. Domestic banks use it to provide
international banking services to their clients who have global banking needs. It is an
integral offshoot of correspondent banking that entails a bank (or an intermediary)
to facilitate wire transfer, conduct business transactions, accept deposits and gather
documents on behalf of the other bank. It helps domestic banks gain wider access to
foreign financial markets and serve international clients without having to be
physically present abroad.

The SRVA is an additional arrangement to the existing system that uses freely
convertible currencies and works as a complimentary system. For perspective, freely
convertible currencies refer to currencies permitted by rules and regulations of the
concerned country to be converted to major reserve currencies (like U.S. dollar or
pound sterling) and for which a fairly active market exists for dealings against major
currencies. The existing systems thus require maintaining balances and position in
such currencies.

How does it function?

The framework entails three important components, namely, invoicing, exchange

rate and settlement. Invoicing entails that all exports and imports must be
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denominated and invoiced in INR. The exchange rate between the currencies of the
trading partner countries would be market-determined. To conclude, the final
settlement also takes place in Indian National Rupee (INR). The authorised domestic
dealer banks (those authorised to deal in foreign currencies) are required to open
SRVA accounts for correspondent banks of the partner trading country. Domestic
importers are required to make payment (in INR) into the SRVA account of the
correspondent bank against the invoices for supply of goods or services from the
overseas seller/supplier. Similarly, domestic exporters are to be paid the export
proceeds (in INR) from the balances in the designated account of the correspondent
bank of the partner country.

As for availing an advance against exports, it would be the responsibility of the

domestic bank to accord foremost priority to ensuring that the available funds are
used to meet existing payment obligations, that is, from the already executed export
orders or export payments in the pipeline. All reporting of cross-border transactions
are to be done in accordance with the extant guidelines under the Foreign Exchange
Management Act (FEMA), 1999.

What is the eligibility criteria of banks?

Banks from partner countries are required to approach an authorised domestic

dealer bank for opening the SRVA. The domestic bank would then seek approval
from the apex banking regulator providing details of the arrangement.

It would be the responsibility of the domestic banks to ensure that the

correspondent bank is not from a country mentioned in the updated Financial Action
Task Force (FATF) Public Statement on High Risk & Non-Co-operative jurisdictions.
Domestic banks must also put forth for perusal, financial parameters pertaining to
the corresponding bank.

Authorised banks can open multiple SRV accounts for different banks from the same
country. Further, balances in the account can be repatriated in freely convertible
currency and/or currency of the beneficiary partner country depending on the
underlying transaction, that is, for which the account was credited.

What is its purpose?

The Economic Survey (2022-23) had argued that the framework could largely reduce
the “net demand for foreign exchange, the U.S. dollar in particular, for the
settlement of current account related trade flows”. It added that the framework
would also reduce the need for holding foreign exchange reserves and dependence
on foreign currencies, making the country less vulnerable to external shocks. Indian
exporters could get advance payments in INR from overseas clients and in the long-
term promote INR as an international currency once the rupee settlement
mechanism gains traction, the survey argued.

As per the Bureau for International (BIS) Settlements’ Triennial Central Bank Survey
2022, the U.S. dollar was the most dominant vehicle currency accounting for 88% of
all trades. The INR accounted for 1.6%.
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EXPLAINER

Leveraging J&K’s lithium reserves

What is the significance of the new 5.9 million tonnes inferred resources of
lithium discovered in Jammu & Kashmir? What are the environmental
concerns around its extraction procedure? What are the geostrategic
implications considering the geopolitical sensitivity of the area?

Glimpse of the future: Villagers show lithium stones in Reasi district of Jammu and Kashmir on Sunday. -
Photo: PTI

PRAKASH KASHWAN, DHANASREE JAYARAM,

THE GIST

The discovery of the 5.9 million tonnes inferred resources of

lithium in Reasi in Jammu & Kashmir has been heralded as a game-
changer in India’s transition to a green economy. India’s market for
critical metals is projected to register a compounded annual growth
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rate of 23.76% by 2028. This will also help advance the Indian
government’s ambitious plan of “30% EV penetration in private cars,
70% for commercial vehicles, and 80% for two and three-wheelers by
2030 for the automobile industry.”

The applications of lithium in renewable energy infrastructure

often obscures its significant environmental consequences.
Extracting lithium from hard rock mines, similar to what has already
been proposed in J&K, entails open-pit-mining followed by roasting
the ore using fossil fuels. Industry estimates suggest that this process
consumes 170 cubic metres of water and releases 15 tonnes of CO2
for every tonne of lithium extracted.

As India embarks on this new journey, it could learn from the

experiences of South American countries, especially the ‘lithium
triangle’ of Bolivia, Chile, and Argentina. The lessons from these
countries point to the importance of a strong regulatory apparatus
that can address both the environmental and the social
consequences of Li mining.

The story so far:

News of the discovery of “5.9 million tonnes inferred resources of lithium” in the
Salal-Haimana area of Reasi district, Jammu & Kashmir, by the Geological Survey of
India has been received as a game-changer in India’s impending transition to a green
economy. The term ‘inferred’ refers to the ‘preliminary exploration stage’, the second
of a four-step process, according to the Mines and Minerals (Development and
Exploration) Act 1957.

Why is this significant?

Lithium-ion batteries are used in wind turbines, solar panels, and electric vehicles, all
of which are crucial in a green economy.

A World Bank study suggests that the demand for critical metals such as lithium (Li)
and cobalt is expected to rise by nearly 500% by 2050. While “the global electric
vehicle market is projected to reach $823.75 billion by 2030, registering a
compounded annual growth rate (CAGR) of 18.2% from 2021 to 2030,” India’s market
is projected to register a CAGR of 23.76% by 2028. India is seeking to secure its
critical mineral supplies and build self-sufficiency in this sector.

As India currently imports all of its Li from Australia and Argentina and 70% of its Li-
ion cell requirement from China and Hong Kong, the lithium reserves in J&K could
boost the domestic battery-manufacturing industry. If the perceived size of the
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mineral reserves in J&K is borne out by further exploration, India could jump ahead
of China vis-à-vis its Li stockpile.

The J&K reserves will also help advance the Indian government’s ambitious plan of
“30% EV penetration in private cars, 70% for commercial vehicles, and 80% for two
and three-wheelers by 2030 for the automobile industry.” They will strengthen India’s
National Mission on Transformative Mobility and Battery Storage as well.

What are the geostrategic concerns?

Critical mineral dependencies constitute a major geostrategic concern in the

transition to net-zero carbon energy systems. In the present scenario, as countries
seek to avoid dependencies and vulnerabilities related to critical minerals, the latter
are likely to be at least as important as oil and gas in the near future. A high level of
dependence on China for Li and other crucial metals and their derivatives are also
perceived to be sources of energy security risks.

China currently controls 77% of the global lithium-ion battery manufacturing

capacity and is home to six of the world’s 10 manufacturing companies. As a result,
the EU, the U.S., Canada, India, and other major economies have been trying to
leverage alternative supplies that can challenge China’s geopolitical dominance in
this area. For example, responding to perceived national security concerns, the
Canadian government has asked Chinese companies to divest from Canadian
lithium-mining companies.

The growing geopolitical rivalry with China makes India’s security considerations
more immediate as well, especially also in light of the longstanding, and recently
escalating, territorial and border disputes. To reduce dependence on China, the
Indian government and industry are pushing for a ‘Rare Earths Mission’ to exploit the
country’s critical mineral reserves, which account for 6% of the world’s rare-earths’
reserves prior to the discovery of Li in J&K.

The new discovery has more geostrategic implications considering the geopolitical
sensitivity of its wider location. Although Reasi is in the relatively more stable Jammu
region, the Union territory of J&K has been the site of historical cross-border
tensions between India and Pakistan, domestic insurgency, and terrorism. If the local
populace isn’t meaningfully engaged in the impending Li extraction project, the
resulting tension could introduce new frontiers of socio-environmental conflict.

What are the environmental effects?

The applications of Li in renewable energy infrastructure often obscures its

significant environmental consequences. Extracting Li from hard rock mines, similar
to what has already been proposed in J&K, entails open-pit-mining followed by
roasting the ore using fossil fuels. Industry estimates suggest that this process
consumes 170 cubic metres of water and releases 15 tonnes of CO2 for every tonne
of Li extracted.

Open-pit-mining, refining, and waste disposal from these processes substantially

degrade the environment, including depleting and contaminating waterways and
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groundwater, diminishing biodiversity, and releasing considerable air pollution. This
said, the geological context of mining in J&K differs from Australia, which has the
largest Li stock in hard rock mines, in one major way.

In Australia, Li-bearing pegmatite deposits are found in the ancient geological

regions of Pilbara and Yilgarn cratons, whose continental rocks have been stable for
over a billion years. The Himalaya on the other hand is the youngest mountain range
in the world and is much more unstable (as evidenced by the ongoing tragedy in
Joshimath). Incidents of land sinking have also been reported from a village in Doda
district in Chenab valley, which extends to some parts of Reasi.

In the densely populated context of India, the socio-environmental effects of mining

are likely to be far worse than they have been in Australia and likely comparable to
lithium extraction in South America.

What can we learn from South America?

As India embarks on this new journey, it could learn from the experiences of South
American countries, especially the ‘lithium triangle’ of Bolivia, Chile, and Argentina,
which contain roughly half the world’s known Li. In Bolivia and Chile, Li extraction has
been either in the hands of the state or requires mining companies to enter into a
contract with state-owned companies.

In April 2022, Mexican lawmakers introduced reforms to create a state-owned entity

to extract, process and sell Li and outlaw all direct private investment and
production in the Li sector. Even so, Li mining has had adverse socio-environmental
consequences in the region, testing its laws meant to protect Indigenous peoples.

In 2019, Chile’s environmental regulators approved a $25-million compliance plan for

Li miner SQM, charged with overdrawing Li-rich brine from the Salar de Atacama salt
flat. However, the company failed to satisfy authorities, who reversed their decision
in 2020. In September 2021, the Atacama Indigenous Council appealed to regulators
citing “constant danger” and called for the “temporary suspension” of SQM’s
environmental approvals.

In August 2022, Chilean regulators approved an updated compliance plan worth $52
million, in which SQM proposed to work with both the regulator and local
communities to address environmental infractions.

Indigenous resistance and increased awareness of the environmental impact of Li-

mining has prompted global carmakers, including Mercedes-Benz and Volkswagen,
to look for Li mined with the lowest socio-ecological impact. Other corporations are
making similar amends. Battery Mineral Resources Corp. recently signed an
agreement with the Comunidad Agricola Potrerillos Alto and the Comunidad Agricola
Punitaqui. Another mining giant, Monumental Minerals, signed an agreement with
the Ayquina-Turi Indigenous Community in Chile for 40 exploration concessions
totaling 8,500 hectares at the Salar de Turi Li project.

While such comparisons must account for inter-regional differences, these

developments point to the importance of a strong regulatory apparatus that can
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address both the environmental and the social consequences of Li mining.

What safeguards does India’s mining sector have?

State government officials in J&K have said plans for Li exploration will involve local
communities, who will also be prioritised for jobs in exploration and mine
development. Yet employment in mining may not fully offset the consequences on
local agriculture, animal husbandry, and tourism.

In recognition of the local effects of mining, in 2015, the Lok Sabha amended the
Mines and Minerals (Development and Regulation) Act 1957 to establish the ‘District
Mineral Foundation’ (DMF). The DMF is a non-profit statutory ‘trust’ for every Indian
district affected by mining-related operations that should “work for the interest and
benefit of persons, and areas affected by mining-related operations”. In practice, the
DMFs have become sites of centralised bureaucratic control, without meaningful
public participation or accountability.

For example, a CAG audit in May 2022 noted that the District Collectors of Bokaro,
Dhanbad, and Ranchi incurred an expense of ₹1,568.04 crore from DMF funds,
without identifying the areas affected by mining or a list of affected people.
Ironically, the auditors were denied access to documents related to the functioning
of the State-Level Monitoring Committee.

The general failure of DMFs adds to concerns expressed by environmentalists and

concerned citizens about the recent history of weakening of the environmental
impact assessment framework.

The geostrategic importance of Li exploration and extraction makes it even more

important that the exploration and extraction of resources should be done in the
public interest, and must preempt any serious environmental and social problems.
Equally importantly, the most effective use of Li reserves should be for the most
important parts of the renewable-energy transition, which would also aid the goals
of addressing energy poverty and sustainable development.

To these ends, reducing luxury consumption and promoting public transport should
also be an important part of the agenda of a just transition.

Prakash Kashwan is an associate professor of Environmental Studies at Brandeis

University, Waltham, USA.

Dhanasree Jayaram, PhD is an assistant professor, Manipal Academy of Higher

Education, Karnataka.
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EXPLAINER

The status and proceeds of disinvestment

What does the government aim to achieve with disinvestment? Have

targets been met in recent years? Which CPSEs are slated for disinvestment
in 2023-24? What measures have been taken to meet the targets? What are
the challenges that the process faces?

DIKSHA MUNJAL,

THE GIST

In the Union Budget for 2023-24, the government has set a

disinvestment target of ₹51,000 crore, down nearly 21% from the
budget estimate for the current year and just ₹1,000 crore more than
the revised estimate.
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Disinvestment or divestment, in this context, is when the
government sells its assets or a subsidiary, such as a Central or State
public sector enterprise. Minority disinvestment, majority
disinvestment, and complete privatisation are the three main
approaches to disinvestment.

The Centre is not going to add new companies to the list of CPSEs
to be divested in 2023-24 and the aspirational divestments of two
public sector banks and one general insurance firm, announced in
the Budget two years ago, will also not be a part of the plan.

The story so far:

In the Union Budget for 2023-24, the government has set a disinvestment target of
₹51,000 crore, down nearly 21% from the budget estimate for the current year and
just ₹1,000 crore more than the revised estimate. It is also the lowest target in seven
years. Moreover, the Centre has not met the disinvestment target for 2022-23 so far,
having realised ₹31,106 crore to date, of which, ₹20,516 crore or close to a third of
the budgeted estimate came from the IPO of 3.5% of its shares in the Life Insurance
Corporation (LIC).

What is disinvestment?

Disinvestment or divestment, in this context, is when the government sells its assets
or a subsidiary, such as a Central or State public sector enterprise. Minority
disinvestment, majority disinvestment, and complete privatisation are the three
main approaches to disinvestment. On fruition of minority disinvestment, the
government retains a majority in the company, typically greater than 51%, thus
ensuring management control. In the case of majority divestment, the government
hands over control to the acquiring entity but retains some stake whereas in
complete privatisation, 100% control of the company is passed on to the buyer. The
Union Finance Ministry has a separate department for undertaking disinvestment-
related procedures called the Department of Investment and Public Asset
Management (DIPAM). The government may disinvest in order to reduce the fiscal
burden or bridge the revenue shortfall for that year. It also uses disinvestment
proceeds to finance the fiscal deficit, to invest in the economy and development or
social sector programmes, and to retire government debt. Disinvestment also
encourages private ownership of assets and trading in the open market. If
successful, it also means that the government does not have to fund the losses of a
loss-making unit anymore. After the the Atal Bihari Vajpayee-led NDA government’s
privatisation drive, the stock market saw the listing of shares of a bunch of public
sector firms. A bold push for disinvestment of the public sector was expected soon
after Prime Minister Narendra Modi assumed office in May 2014, announcing that
the government had “no business to be in business”.
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How has disinvestment fared?

To begin with, different central governments over the last three decades have been
able to meet annual disinvestment targets only six times. Since coming to power in
2014, the BJP-led NDA government has met (and overachieved) its disinvestment
targets twice. In 2017-18, the government earned disinvestment receipts of a little
over ₹1 lakh crore as against a target of ₹72,500 crore, and in 2018-19, it brought in
₹94,700 crore when the target was set at ₹80,000 crore. Notably, PRS Legislative
Research points out that in recent years, in cases of disinvestment where the
government sold more than 51% of its shareholding in Central Public Sector
Enterprises (CPSEs), along with a transfer of management control, its stake was sold
to another public sector enterprise. Case in point, when the Centre exceeded its
target in 2017-18, it earned ₹36,915 crore by selling Hindustan Petroleum
Corporation Limited (HPCL) to the state-owned Oil and Natural Gas Corporation
(ONGC). Similarly, in 2018-19, REC Limited was sold to the state-owned Power
Finance Corporation Limited, through which the government raised ₹14,500 crore. In
2021-22, when Air India was added to the Tata group, the Centre missed its high
disinvestment target of ₹1.75 lakh crore by a significant margin, raising just ₹13,534
crore in disinvestment proceeds. In the current year, a third of its budget estimate
came from the delayed LIC IPO, which would have happened in the previous year if
not for market volatility. The sale of the 52.8% stake in Bharat Petroleum (BPCL) had
to be called off in mid-2022 because almost all the bidders had withdrawn. The
strategic sale of Central Electronics was also shelved due to lapses in the bidding
process and the Pawan Hans stake-sale did not take off as well. While the Neelachal
Ispat Nigam Ltd. (NINL) was sold to a steel entity of the Tata group, no sale proceeds
accrued to the Centre’s exchequer as it held no equity in the company. With ₹31,106
crore in the exchequer as disinvestment proceeds so far, and less than two months
remaining in the current fiscal, the government is likely to miss its target.

Which CPSEs are likely to see disinvestment?

The Centre is not going to add new companies to the list of CPSEs to be divested in
2023-24 and the aspirational divestments of two public sector banks and one
general insurance firm, announced in the Budget two years ago, will also not be a
part of the plan. According to DIPAM, the government has decided to stick to the
already-announced and planned privatisation of state-owned companies.
Incidentally, the disinvestments of Bharat Petroleum Corporation Limited, SCI, and
ConCor had been approved by the government in 2019 but have not gone through
yet. Observers point out that disinvestment should ideally be driven by the long-term
vision of the government and not by the need to raise revenues. However, of late,
the government’s reliance on disinvestment proceeds to bridge the gap in the
Budget has been increasing. It had introduced a new disinvestment policy in 2021 to
maintain ‘bare minimum’ presence in strategic sectors like atomic energy, defence
etc., and exit non-strategic sector enterprises.
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EXPLAINER

Is judicial majoritarianism justified?

Why is it that the judges have to resort to head counting in order to resolve
disagreements amongst them? In case of an erroneous majority decision, is
there a need to highlight a meritorious minority decision?

Tightrope walk: Numerical majorities are important in cases which involve the interpretation of
constitutional provisions. - Photo: iStockphoto

G.S. BAJPAI, ANKIT KAUSHIK,

THE GIST

Unlike elected leaders of legislatures who may act on hunches or

popular perception, judges are experts of law and are aware of the
arguments for and against an impugned matter.
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The rulings of judges can be coloured by their subjective
experiences, perceptions, prejudices and biases. Consequently,
judges and their judgments can fall prey to ‘judicial hunches’.

In such a situation, a meritorious minority decision, irrespective of

the impeccability of its reasoning, receives little weightage in terms of
its outcomes. Our Constitutional history is replete with such
meritorious dissents.

The story so far:

As the recent majority judgment of the Supreme Court on demonetisation comes

under criticism, the minority judgment by J. Nagarathna is being hailed for its
challenge to the RBI’s institutional acquiescence to the Central government. This
questions our blind acceptance of numerical majorities in judicial decision-making.

What is judicial majoritarianism?

As opposed to standard matters heard by Division Benches consisting of two judges,

numerical majorities are of particular importance to cases which involve a
substantial interpretation of constitutional provisions. In such cases, Constitutional
Benches, consisting of five or more judges, are set up in consonance with Article
145(3) of the Constitution. Such Benches usually consist of five, seven, nine, 11 or
even 13 judges. This is done to facilitate decision-making by ensuring numerical
majorities in judicial outcomes.

The requirement for a majority consensus flows from Article 145(5) of the
Constitution which states that no judgment in such cases can be delivered except
with the concurrence of a majority of the judges but that judges are free to deliver
dissenting judgments or opinions.

What is at the heart of the debate?

As opposed to representatives of the people in legislatures who may act on hunches

or popular perception, judges are experts of law and are aware of the arguments for
and against the impugned matter. Given the same, Jeremy Waldron questions why is
it that the judges too have to resort to head counting in order to resolve
disagreements amongst judges.

All judges on a particular Bench give their rulings on the same set of arguments and
written submissions. In light of the same, any differences in judicial decisions can be
attributed to a difference in either the methodology adopted and the logic applied by
the judges, or, as proffered by the legal realists such as Jerome Frank, upon their
own ‘judicial hunches’ which may be an outcome of their subjective experiences,
outlook, and biases. In such circumstances, it is entirely possible that the majority
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may fall into either methodological fallacies and errors or be limited by their ‘judicial
hunch’ respectively.

In such situations, a meritorious minority decision, irrespective of the impeccability

of its reasoning receives little weightage in terms of its outcomes. Our Constitutional
history is replete with such meritorious dissents. The dissenting opinion of Justice
H.R. Khanna in A.D.M. Jabalpur v. Shivkant Shukla (1976) upholding the right to life
and personal liberty even during situations of constitutional exceptionalism is a
prime example. Another example is the dissenting opinion of Justice Subba Rao in
the Kharak Singh v. State of U.P. (1962) case upholding the right to privacy which
received the judicial stamp of approval in the K.S. Puttaswamy v. UOI (2017) case.

Moreover, the rate of dissent itself is subject to influences. To exemplify, Yogesh

Pratap Singh, Afroz Alam, and, Akash Chandra Jauhari (2016) found that the rate of
judicial dissent at the height of the Emergency in 1976 was a mere 1.27% as opposed
to 10.52% in 1980. The study also found that the rate of dissent where the Chief
Justice was a part of the Bench was lower than in those cases where the Chief Justice
was not on the Bench. Such situations call into question the efficiency and
desirability of head-counting procedures for a judicial determination on questions of
national and constitutional importance.

What is the gap in our understanding?

Ronald Dworkin proffers a system which may either give more weightage to the vote
of senior judges given that they have more experience or to the junior judges as they
may represent popular opinion better. Such alternatives, however, can only be
explored once we identify and question the rationales which underlie head-counting
in judicial decision-making.

The absence of a critical discourse on judicial majoritarianism represents one of the

most fundamental gaps in our knowledge regarding the functioning of our Supreme
Court. As pending Constitutional Bench matters are listed for hearing, we must
reflect upon the arguments of judicial majoritarianism on the basis of which these
cases are to be decided.

G.S. Bajpai is Vice-Chancellor, Rajiv Gandhi National University of Law, Punjab where
Ankit Kaushik is an Asst. Professor.
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EXPLAINER

The funding and demand for MGNREGA

How has budget allocation for the rural employment scheme changed over
the years? How many people are demanding work under the scheme? Is
the guarantee of 100 days of employment being met? What are the other
challenges facing the scheme’s implementation?

DIKSHA MUNJAL,

THE GIST

The Economic Survey 2022-23 showed that 6.49 crore households

demanded work under the Mahatma Gandhi National Rural
Employment Guarantee Scheme (MGNREGS). The survey credited the
scheme on having a positive impact on income per household,
agricultural productivity, and production-related expenditure.
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During the first COVID-19 lockdown in 2020, when the scheme
was given its highest-ever budget of ₹1.11 lakh crore, it provided a
critical lifeline for a record 11 crore workers. This is reflected in the
fact that the demand for work under MGNREGA spiked to record-
high levels during the pandemic years. About 8.55 crore households
demanded MGNREGA work in 2020-21.

While the scheme guarantees 100 days of employment per

household per year, an analysis by PRS Legislative Research shows
that since 2016-17, on average, less than 10% of the households
completed 100 days of wage employment. Another issue that
continues to hamper the scheme’s proper implementation is the
delay in wage payments.

The story so far:

The Economic Survey 2022-23 presented on January 31, a day ahead of the Budget,
showed that 6.49 crore households demanded work under the Mahatma Gandhi
National Rural Employment Guarantee Scheme (MGNREGS). Of these, 6.48 crore
households were offered employment by the government and 5.7 crore actually
availed it. The survey credited the scheme on having a positive impact on income per
household, agricultural productivity, and production-related expenditure. It added
that this helped with “income diversification and infusing resilience into rural
livelihoods”.

How important is MGNREGA to rural employment?

The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) was
passed in 2005 and aimed at enhancing the livelihood security of households in rural
areas. Under it, the MGNREGS is a demand-driven scheme that guarantees 100 days
of unskilled work per year for every rural household that wants it, covering all
districts in the country except those with a 100% urban population. There are
currently 15.51 crore active workers enrolled under the scheme. The types of
projects undertaken for employment generation under MGNREGA include those
related to water conservation, land development, construction, agriculture and allied
works.

Under the scheme, if work is not provided within 15 days from when it is demanded,
the worker has to be given a daily unemployment allowance. Additionally, the wages
of unskilled workers also have to be paid within 15 days and in case of a delay, the
Centre has to compensate them. Beyond being a form of insurance or safety net for
the country’s poorest rural households, the scheme proved to be beneficial not just
for rural workers but migrant labourers as well especially during the COVID-19
pandemic which saw large-scale reverse migration.
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During the first COVID-19 lockdown in 2020, when the scheme was ramped up, and
given its highest-ever budget of ₹1.11 lakh crore, it provided a critical lifeline for a
record 11 crore workers. Studies gave empirical evidence that wages earned under
MGNREGA helped compensate somewhere between 20% to 80% of the income loss
incurred because of the lockdown. This is reflected in the fact that the demand for
work under MGNREGA spiked to record-high levels during the pandemic years.
About 8.55 crore households demanded MGNREGA work in 2020-21, followed by
8.05 crore in 2021-22, compared to a total of 6.16 core households asking for work in
the pre-pandemic year 2019-20.

While Finance Minister Nirmala Sitharaman said in the Lok Sabha during the Winter
Session in December 2022 that the demand for jobs under MGNREGA has been
declining in the recent past, the new economic survey data revealed that as of
January 24 this year, 6.49 crore households had already demanded work under the
scheme with two more months till the financial year ends. Notably, this demand-side
figure is still larger than pre-pandemic levels, which indicates that despite the lifting
of pandemic curbs and changes in migration trends, rural households are still
demanding work under the scheme. Besides, the pandemic-induced demand surge
notwithstanding, the Ministry of Rural Development informed Parliament in August
last year work that demand under MGNREGS has doubled in the last seven years,
that is, 3.07 crore households demanded work in May 2022 compared to 1.64 in the
same month in 2015.

How has the Centre’s allocation for MGNREGS changed over the years?

Budgetary allocations to the flagship scheme has increased successively since 2013
from ₹32,992 crore in the 2013-14 Union Budget to ₹73,000 crore in 2021-22.
However, in recent years, the actual expenditure on the scheme has successively
been higher than the amount allocated to it at the budget stage. For instance, in
2021-22, while ₹73,000 crore was allocated to MGNREGS, supplementary allocations
made later pushed up the revised estimates to ₹98,000 crore, as funds had run out
in the middle of the year. Even so, the Central government once again allocated
₹73,000 crore (25% lower than the previous year’s revised estimate) for the scheme
in budget 2022-23, then seeking an additional ₹45,000 crore as supplementary
grants in the Winter Session in December.

The Parliamentary Standing Committee on Rural Development last year questioned

the rationale behind the Centre’s budgetary allocations to MGNREGA. Pointing out
that despite the total expenditure on the scheme in 2020-21 being around
₹1,11,170.86 crore, the panel found it “perplexing” that the budget estimate (BE) for
2021-22 was just ₹73,000 crore. It also flagged the substantial hike in allocation at
the revised estimates stage in order to augment the initial sum each year. Advocacy
group NREGA Sangharsh Morcha noted that “every year, about 80-90% of the budget
gets exhausted within the first six months”, leading to a slowdown of work on the
ground and a delay in wage payments to workers.

What are the challenges to its implementation?

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While the scheme guarantees 100 days of employment per household per year, an
analysis by PRS Legislative Research shows that since 2016-17, on average, less than
10% of the households completed 100 days of wage employment. Besides, the
average days of employment provided per household under the MGNREGS fell to a
five-year low this financial year. As of January 20 this year, the average days of
employment provided per household is just 42 days, while it was 50 days in 2021-22,
52 days in 2020-21, 48 days in 2019-20 and 51 days in 2018-19.While a full 100 days
of employment has not been provided per year, the Parliament Committee and
activist groups have strongly recommended an increase in the number of
guaranteed days of work per household from 100 to 150 so that rural populations
have a safety net for a longer period in the year.

Notably, Peoples’ Action for Employment Guarantee (PAEG) and the NREGA Sangarsh
Morcha said in a joint statement on Tuesday, that if the government intends to
provide legally guaranteed 100 days of work per household for at least those that
worked in the scheme in the current financial year, that minimum budget for it in the
upcoming financial year 2023-24 should be at least ₹2.72 lakh crore.

Another issue that continues to hamper the scheme’s proper implementation is the
delay in wage payments. As per data released by the Centre, it owed ₹4,700 crore in
MGNREGA wages to 18 States as of December 14, 2022, when just three months
remained for the financial year to end. Notably, In 2016, the Supreme Court of India
directed the government to ensure that wages were paid on time, calling the act of
making workers wait for wages for months equal to “forced labour”. Additionaly, as
of December 14, the government also owed ₹5,450 crore worth of material costs (for
MGNREGA projects) to 19 States. Furthermore, the delay in material costs, has a
domino impact on the MNREGA work, since a delay in payment breaks the supply
chain. Because of the prolonged delays in payments, vendors are reluctant to supply
materials for any new work. Another concern pointed out by a panel of the Rural
Development Ministry is that the minimum wage rate under MGNREGS is fixed by
the Centre on the basis of the Consumer Price Index-Agricultural Labourers. It noted
that the type of work done by agricultural labourers and MGNREGS workers was
different, suggesting that minimum wage be decided vis-a-vis the Consumer Price
Index-Rural, which it said was more recent and provided for higher expenditure on
education and medical care.

Fake job cards, widespread corruption, late uploading of muster rolls, and
inconsistent payment of unemployment allowance are some of the other issues
hampering the implementation of MGNREGA, the Parliamentary Committee pointed
out last year.