UPSC Daily CURRENT AFFAIRS – 29 June 2024

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UPSC CURRENT AFFAIRS – 29 June 2024

GS Paper 1:

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Roof collapse at Delhi airport claims one life

Why is it in the news?

• A fatal incident occurred at Terminal 1 of Delhi’s Indira Gandhi International Airport following heavy rain on June 28, resulting in the collapse of the canopy over the forecourt and the unfortunate death of a cab driver.
• The collapse led to the injury of six individuals and damage to at least four cars parked beneath the structure.

 

More about the news

• Due to the incident, flight operations at the terminal were suspended, leading to cancellations of incoming and outgoing flights, with authorities probing the case as a matter of criminal negligence.
• In response to the heavy rainfall, parts of Delhi recorded an unprecedented 228.1 mm of rain within 24 hours, marking a historic daily rainfall record for June.
• The Ministry of Civil Aviation has engaged a team from the Indian Institute of Technology-Delhi to investigate the root cause of the collapse and has urged all airports to conduct structural assessments within a specified timeframe.
• The airport management extended compensation to the victims and their families, while the government issued directives to prevent unjustified airfare surges due to flight cancellations in the aftermath of the incident.

·        The Delhi International Airport Limited, a consortium primarily led by GMR Airports Limited, with ownership stakes by the Airports Authority of India and Fraport AG Frankfurt Airport Services Worldwide, was entrusted with the airport’s operations, management, and development under a concession agreement since 2006.

India slams ‘deeply biased’ U.S. report on religious freedom

Why is it in the news?

• India criticized the S. State Department’s 2023 Report on International Religious Freedom, labeling it as “deeply biased” and accusing it of presenting a one-sided view of the issues at hand.

 

More about the news

• External Affairs Ministry spokesperson Randhir Jaiswal expressed concerns over the report’s credibility, citing imputations, misrepresentations, and selective use of facts. He also highlighted the report’s portrayal of India’s legal system and questioned its reliance on biased sources.
• In response to U.S. Secretary of State Antony Blinken’s report, Jaiswal pointed out the flaws in the U.S.’s handling of hate crimes and racial attacks, emphasizing that India too has raised several cases of hate crimes in the U.S. He also rejected the report’s allegations, particularly those concerning anti-conversion laws, hate speech, and attacks on minority communities in India.
• The contentious report also addressed issues within India regarding religious freedom, including alleged complicity between law enforcement agencies and majoritarian groups. It specifically mentioned concerns related to the Uniform Civil Code and the purported push for a “Hindu Rashtra.” Jaiswal criticized the report for interfering in India’s legislative affairs and casting doubt on the integrity of Indian legal judgments.

 

Also know about: ·        The United States Secretary of State has announced a list of countries on (jan 2024) classified as “Countries of Particular Concern (CPCs),” “Special Watch List (SWL)” countries, and “Entities of Particular Concern (EPCs)” due to their violations of religious freedom. ²  The US Commission on International Religious Freedom (USCIRF) suggests countries to the Secretary of State for designation as Countries of Particular Concern (CPCs). ·        Since the International Religious Freedom Act (IRFA) was enacted in 1998, promoting freedom of religion or belief has been a core objective of US foreign policy. ·        Criteria for Designation of Countries in Different Categories: ²  CPCs: Countries whose governments engage in or tolerate “systematic, ongoing, and egregious violations” of religious freedom, as per IRFA 1998. Ø  The list of designated countries includes China, North Korea, Pakistan, Cuba, Eritrea, Iran, Nicaragua, Russia, Saudi Arabia, Tajikistan, Turkmenistan, and Myanmar. ²  SWL: Countries where governments perpetrate or tolerate severe religious freedom violations. Ø  The list of designated countries includes Algeria, Azerbaijan, the Central African Republic, Comoros, and Vietnam. ²  EPCs: Entities responsible for systematic, ongoing, and egregious religious freedom violations. Ø  These include terrorist organizations such as al-Shabab, Boko Haram, Hayat Tahrir al-Sham, the Houthis, ISIS-Sahel, ISIS-West Africa, Jamaat Nasr al-Islam wal-Muslimin, and the Taliban.

• For further information refer article on 27/06/2024 –US slams India oveer religious freedom

 Study suggests Point-of-Care HbA1c Test for Gestational Diabetes Screening

Why is it in the news?

• A recent study proposed a shift in the screening method for gestational diabetes among pregnant women.
• Researchers from India, London, and Africa suggest replacing the conventional oral glucose tolerance test (OGTT) with an HbA1c test that can be conveniently administered at the point of care, especially during the early stages of pregnancy.

More about the news

• Published in The Lancet Diabetes and Endocrinology, the study advocates for the use of HbA1c as a simple and effective screening tool for gestational diabetes.
• By utilizing data from the STRiDE cohort study involving centers in India, Kenya, and the U.K., researchers demonstrated that the HbA1c test could help identify high-risk individuals early on, thus reducing the reliance on OGTTs.
• In regions like India, where a majority of gestational diabetes cases arise in low-to-middle-income countries, the proposed HbA1c screening method holds particular significance.
• With current guidelines recommending OGTTs, which pose logistical challenges, especially in rural and hard-to-reach areas, the point-of-care HbA1c test emerges as a practical alternative. This test, requiring only a drop of blood, can be easily conducted at a woman’s home by trained health care workers.
• The study findings suggest that in India, an HbA1c result of 4.9 serves as a negative indicator for diabetes, while a score of 5.4 or higher indicates a positive diagnosis for gestational diabetes. By categorizing women into risk groups based on their scores, the need for more complex OGTTs can be significantly reduced, benefiting around 25% of pregnant women.
• The shift to HbA1c testing not only offers a cost-neutral solution compared to traditional OGTTs but also presents an opportunity to reach more women, particularly those in rural and remote regions. By potentially avoiding up to 64% of unnecessary OGTTs, this new approach could lead to early intervention through diet and exercise, thus minimizing the long-term health impacts of gestational diabetes on both mothers and babies.

What is Diabetes? ·        Diabetes is a chronic disease characterized by the body’s inability to produce or effectively use insulin, a hormone that regulates blood glucose. This results in elevated blood glucose levels, known as hyperglycaemia. ²  Insulin Production: The pancreas either stops making insulin or the body cannot use the insulin it produces effectively. ²  Blood Glucose Regulation: Insulin regulates the amount of glucose in the blood. ²  Hyperglycaemia: Inadequate insulin production or usage leads to raised glucose levels in the blood. ·        Long-term high glucose levels can cause damage to the body and lead to the failure of various organs and tissues. Diabetes is a major cause of: Blindness, Kidney failure, Heart attacks, Stroke and Lower limb amputation. ·        Types of Diabetes: 1.        Type 1 diabetes: Ø  Type 1 diabetes is an autoimmune condition where the immune system destroys insulin-producing beta cells in the pancreas, necessitating daily insulin administration to manage blood glucose levels. Ø  Age of Onset: Typically diagnosed in children and young people, hence formerly known as juvenile diabetes. Ø  Symptoms include: Excessive urination (polyuria), Thirst (polydipsia), Constant hunger, Weight loss, Vision changes and Fatigue 2.      Type 2 Diabetes: Ø  Type 2 diabetes develops when the body becomes resistant to the insulin it produces, affecting over 95% of people with diabetes. Ø  This condition is primarily linked to excess body weight and lack of physical activity, with symptoms sometimes less pronounced than in type 1 diabetes, potentially leading to delayed diagnosis after the onset of the disease. 3.      Gestational diabetes (GDM): Ø  It is a type of diabetes that consists of high blood glucose during pregnancy and is associated with complications for both mother and child. Ø  GDM usually disappears after pregnancy, but women affected, and their children are at increased risk of developing type 2 diabetes later in life.   u  World Diabetes Day: World Diabetes Day is observed annually on November 14th. In 2022, the campaign emphasized improving access to diabetes education. u  Global Diabetes Compact: WHO launched the Global Diabetes Compact to enhance efforts in combating the disease, coinciding with the centenary of insulin’s discovery.

 

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UPSC CURRENT AFFAIRS – 29 June 2024

GS Paper 2:

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The Story of the Emergency

GS 2: Polity and Governance- Emergency 

Why is it in the news?

• On June 25, India commemorated the fiftieth anniversary of the initiation of the Emergency, an unprecedented 21-month phase from 1975 to 1977.
• This period witnessed the suspension of civil rights, restriction of press freedom, widespread arrests, cancellation of elections, and governance by decree.
• The Emergency stands as a somber episode in modern Indian history that profoundly influenced Indian politics.

Meaning of the Emergency in the modern political history of India

• From June 25, 1975, to March 21, 1977, the Emergency denoted a period when the Prime Minister Indira Gandhi’s government utilized special constitutional provisions to enforce significant executive and legislative actions across the nation.
• During this time, most opposition leaders were imprisoned, and fundamental rights, including freedom of speech guaranteed by Article 19(1)(a), were restricted, leading to pre-censorship of the media.
• The declaration of Emergency essentially transformed the federal structure into a de facto unitary system, allowing the Union government to issue directives to state administrations, thereby exerting complete control over them.
• Under Emergency powers, Parliament was empowered to extend the term of the Lok Sabha incrementally, legislate on matters in the State List, and extend the Union’s executive authority to the states.
• Additionally, the President, with parliamentary sanction, could modify constitutional provisions concerning the distribution of financial resources between the Union and the states.

What legal and constitutional sanction did the Emergency have?

• Under Article 352 of the Constitution, the President, on the recommendation of the Council of Ministers led by the Prime Minister, has the authority to declare an emergency if the security of India or any part of the country is jeopardized by “war, external aggression, or armed rebellion.”
• During 1975, the government could justify declaring an emergency not just on grounds of armed rebellion but also due to “internal disturbance.”
• In its official statement, the government mentioned that certain individuals were encouraging the police and armed forces to neglect their duties—implicitly referring to Jayaprakash Narayan’s call for the police to defy “immoral” orders. This was the sole instance where an emergency was declared primarily due to “internal disturbance.” The two previous instances of emergency declarations, on October 26, 1962, and December 3, 1971, were both related to war (with China in 1962; with Pakistan in 1971).
• The provision for declaring an emergency due to “internal disturbance” was eliminated by The Constitution (Forty-fourth Amendment) Act, 1978, enacted by the Janata government that assumed power after the Emergency.
• Article 358 removes all constraints imposed by Article 19 (“Right to freedom”) as soon as an emergency is declared. Additionally, Article 359 grants the President the power to suspend individuals’ right to seek legal remedy for the enforcement of their rights during an emergency.

What were the political and social circumstances in India in the months leading up to the Emergency?

• In early 1974, a student movement known as Navnirman (Regeneration) sparked in Gujarat, opposing the allegedly corrupt Congress government of Chimanbhai Patel. The protests in Gujarat escalated into violence, forcing Patel’s resignation and the imposition of President’s Rule.
• The movement in Gujarat inspired students in Bihar to also protest against corruption and mismanagement, leading to the formation of the Chhatra Sangharsh Samiti involving ABVP and socialist groups. Following this, students sought the leadership of Jayaprakash Narayan (‘JP’), a respected Gandhian and Quit India Movement hero, under the condition that the movement remain non-violent and focus on eradicating corruption and misgovernance nationwide. This marked the beginning of the “JP movement.”
• In May 1974, socialist leader George Fernandes orchestrated a massive strike by railway workers that paralyzed the Indian Railways for three weeks. JP, during a speech in Patna’s Gandhi Maidan on June 5, called for a “Sampoorna Kranti” (total revolution), setting the stage for a significant movement. By the end of that year, JP garnered support from various parts of India and united opposition parties in Delhi. His powerful rallies in 1975 emphasized the people’s strength, with slogans like “Vacate the throne, for the people are coming.”
• The tipping point came on June 12, 1975, when Justice Jagmohanlal Sinha of the Allahabad High Court found Indira Gandhi guilty of electoral malpractice, followed by the Emergency being declared on June 25. As demands for her resignation escalated, JP urged the police to resist immoral orders.
• The Emergency was officially initiated on June 25 as President Fakhruddin Ali Ahmed signed the proclamation, leading to a series of events with significant ramifications for India’s political and social landscape.

 

What was the fate of opposition leaders, journalists, and dissenters during the Emergency period?

• The majority of opposition leaders, including JP, were arrested, with around 36,000 individuals detained under the Maintenance of Internal Security Act (MISA).
• Newspapers underwent pre-censorship, with UNI and PTI being amalgamated into the state-controlled Samachar agency. The Press Council was disbanded, leading to over 250 journalists being imprisoned.
• Sanjay Gandhi, Indira’s son, advocated a “five-point programme” that enforced measures like family planning and slum clearance. In a tragic incident in April 1976, violent clashes erupted near Turkman Gate in Delhi as authorities attempted to clear slums on the directive of DDA Vice Chairman, resulting in casualties.
• Sanjay enforced family planning quotas on officials at both the national and state levels, leading to coerced sterilizations. A significant protest against forced sterilizations in Muzaffarnagar, UP, on October 18th, 1976, resulted in the loss of 50 lives due to police firing.

 

What legislative modifications were enacted by Parliament and the judiciary during the Emergency?

• Amidst the detainment of opposition figures, Parliament introduced The Constitution (Thirty-eighth Amendment) Act, which prohibited judicial review of the Emergency, and The Constitution (Thirty-ninth Amendment) Act, stipulating that the Prime Minister’s election could not be legally challenged in the Supreme Court.
• The Constitution (Forty-second Amendment) Act brought about alterations to various laws, stripping the judiciary’s authority to hear election disputes, broadening the Union’s jurisdiction to encroach on State affairs, granting Parliament unchecked ability to amend the Constitution without judicial oversight, and making any legislation passed to enforce the directive principles of state policy immune to judicial scrutiny.
• In the landmark case of ADM Jabalpur vs Shivkant Shukla, 1976, a Supreme Court five-judge Panel declared that detention without trial was lawful during an emergency. Justice H R Khanna was the sole dissenter from the majority ruling.

Supreme Court judgements on emergency: ·        Minerva Mills Ltd. vs Union of India (1980): The Supreme Court held that the power of judicial review cannot be suspended even during an emergency. The basic structure of the Constitution, including the power of judicial review, cannot be abrogated. ·        S.R. Bommai vs Union of India (1994): The Supreme Court held that the imposition of President’s Rule under Article 356 is subject to judicial review. The Court laid down guidelines and limitations on the use of Article 356. Bhut Nath Mete vs State of West Bengal (1974): The Court held that the suspension of fundamental rights under Article 359 does not mean that all legal remedies are barred. Writs can still be filed on grounds of non-compliance with statutory provisions.

 

Several significant judgments and reports have criticized the imposition of Emergency in India in 1975:

• ADM Jabalpur v. Shivkant Shukla (1976): During the Emergency, the Supreme Court, in a 4:1 majority decision, upheld the government’s stance that fundamental rights, including the right to life and personal liberty, could be suspended. Justice H.R. Khanna dissented, and the judgment was heavily criticized for diminishing the importance of fundamental rights.
• Puttaswamy v. Union of India (2017): A landmark judgment where a 9-judge bench unanimously overruled ADM Jabalpur, affirming that the right to life and personal liberty is inherent and cannot be suspended, even during an Emergency.
• Shah Commission Report (1978): Headed by Justice J.C. Shah, this commission was appointed post-Emergency to investigate alleged abuses. The report strongly criticized the government for mass arrests of opposition leaders, media censorship, and the forced sterilization program.

 

Why did Indira Gandhi decide to end the Emergency, and what unfolded in the aftermath of the decision?

• Unexpectedly, Indira chose to lift the Emergency in early 1977. In his book “India After Gandhi,” historian Ramachandra Guha outlined various theories attempting to explain her choice: that intelligence bureau reports convinced her of winning the elections, that she wanted to mirror similar actions taken by Zulfiqar Ali Bhutto in Pakistan, and even that she felt disconnected from ordinary citizens.
• Following her decision, the 1977 elections resulted in a resounding defeat for Indira. The Janata Party, a fusion of the Jana Sangh, Congress (O), socialists, and Bharatiya Lok Dal, emerged as a potent force, with Morarji Desai becoming India’s first non-Congress Prime Minister.

 

What steps did the Janata government take to rectify the repercussions of the Emergency?

• The Janata government reversed many of the constitutional modifications made by the 42nd Amendment Act of 1976. While it didn’t abolish the provision for emergencies, it significantly raised the bar for future emergency declarations.
• The government reinstated judicial review of emergency proclamations and mandated that all emergency proclamations be presented to both Houses of Parliament within a month, requiring a special majority for approval.
• The 44th Amendment eliminated “internal disturbance” as a legitimate cause for emergency, restricting it to armed rebellion, war, and external aggression. However, the amendment left the terms ‘secular’ and ‘socialist’, introduced in the Preamble by the 42nd Amendment, unchanged.
• The Shah Commission, appointed by the Janata government to investigate the Emergency and its consequences, delivered a scathing report declaring the decision unilateral and detrimental to civil liberties.

 

How did the Emergency change Indian politics?

• The Emergency had a profound impact on Indian politics by shaping a new generation of influential leaders, such as Lalu Prasad Yadav, George Fernandes, Arun Jaitley, Ram Vilas Paswan, among others.
• It also led to a significant shift in parliamentary dynamics post-Emergency, as different social groups like the Jana Sangh and the socialists came together, resulting in increased representation of OBCs in Parliament.
• Additionally, the Emergency served as a cautionary tale in democratic politics, tarnishing the Congress’ image as a champion of civil liberties.
• Its ramifications continue to resonate in contemporary political discourse, with any perceived authoritarian actions by the government often linked to an “Emergency mindset.”

For further information refer article on 27/06/2024 – Loksabha erupts as Speaker Om Birla reads resolution on Emergency

New criminal codes from July 1: A threat to citizen liberty, justice under the guise of a decolonisation project

GS 2: Polity and Governance- Criminal Laws

Why is it in the news?

• The upcoming enforcement of new criminal codes on July 1 poses a significant threat to citizen liberty and the fairness of justice. The readiness of institutions to implement these laws is worrisome.

A Perspective:

• Certain changes grant alarming police powers, necessitating a pause in implementation until a comprehensive review can assess the potential impact and readiness. Further, the inclusion of ambiguous offenses empowering police further raises concerns about civil liberties.
• As we approach the enactment of these new criminal laws, it becomes clear that substantial confusion looms over the administration of criminal justice. Of particular worry are provisions that expand police authority and diminish civil liberties. While some positive amendments exist, the institutional capacity to enact them remains insufficient. The lack of reliable assessments of preparedness across the police, courts, legal profession, and prisons raises questions about the rationale behind rolling out these provisions.
• The Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA) are set to replace the Indian Penal Code, 1860 (IPC), the Code of Criminal Procedure, 1973 (CrPC), and the Indian Evidence Act, 1872 (IEA)

 

·        Indian Penal Code (IPC): Established in 1860 under the first law commission formed in 1834 by the Charter Act of 1833, the IPC is India’s official criminal code. ·        Code of Criminal Procedure (CrPC): Enacted in 1973 and effective from April 1, 1974, the CrPC provides procedural rules for administering criminal law in India. ·        Indian Evidence Act: Originally passed in 1872 during the British Raj by the Imperial Legislative Council, this act governs the rules and issues related to the admissibility of evidence in Indian courts of law.

• While touted as decolonization efforts, these new laws retain a majority of existing provisions verbatim, undermining any claims to true decolonization. Decolonization necessitates comprehensive institutional reform, beyond mere legislative alterations, to address the colonial legacies entrenched in our criminal justice system.
• Reforming the criminal justice system should involve meaningful changes rather than regressive provisions that enhance police powers indiscriminately. Certain new provisions grant excessive police authority through vague definitions of offenses, elongated police custody periods, and provisions for trials in-absentia, compromising fundamental rights.
• While positive alterations such as defined timelines and improved investigative procedures are laudable, the absence of accompanying procedural safeguards and institutional capacity to enforce these changes proves concerning.
• Notable concerns arise regarding escalated police powers, especially with Section 187 of the BNSS extending maximum police custody limits significantly. The vagueness in provisions such as “false and misleading information” and “acts endangering sovereignty, unity, and integrity of India” poses risks to civil liberties, potentially enabling abuse by law enforcement.
• Additionally, the allowance for trials in-absentia under the BNSS constrains the accused’s right to a fair defense.

Proposed reforms in India’s criminal justice system– A.       under the Bharatiya Nyay Sanhita Bill, 2023 include: ·        The bill consolidates definitions of terrorism and related offenses such as separatism and armed rebellion, previously scattered across different laws. ·        It abolishes the offense of sedition, criticized as a relic of colonial rule that stifled free speech and dissent. ·        Capital punishment is proposed as the maximum penalty for mob lynching, addressing a growing societal concern. ·        It suggests a 10-year prison term for deceiving women with false promises of marriage, a common form of exploitation. ·        Community service is introduced as an alternative punishment for certain crimes, aimed at rehabilitation and reducing prison overcrowding. ·        The bill sets a maximum deadline of 180 days for filing charge sheets, aiming to expedite trials and prevent prolonged delays in the legal process.   B.       under the Bhartiya Nagrik Suraksha Sanhita Bill, 2023 include: ·        Advancing technology use for trials, appeals, and deposition recordings, allowing video-conferencing. ·        Mandating compulsory video-recording of statements from survivors of sexual violence to preserve evidence and prevent coercion. ·        Requiring police to update complainants on complaint status within 90 days, enhancing transparency and accountability. ·        Renumbering Section 41A of the CrPC to Section 35, adding a safeguard that arrests for minor offenses or individuals over 60 require approval from a Deputy Superintendent of Police (DSP). ·        Mandating police consultation with victims before withdrawing cases punishable by seven years or more to safeguard justice integrity. ·        Allowing trials in absentia for fugitive criminals to deter evasion of justice. ·        Empowering magistrates to acknowledge offenses based on electronic records like emails, SMSs, and WhatsApp messages for enhanced evidence handling. C.      under the Bharatiya Sakshya Bill, 2023 include: ·        Defining electronic evidence as information generated or transmitted by any device, ensuring it can be stored or retrieved. ·        Establishing criteria for the admissibility of electronic evidence, focusing on authenticity, integrity, and reliability to prevent manipulation. ·        Introducing specific provisions for the admissibility of DNA evidence, emphasizing consent and chain of custody to enhance reliability in biological evidence. ·        Recognizing expert opinions, such as medical assessments and handwriting analysis, as valid forms of evidence to establish relevant facts in legal proceedings. ·        Emphasizing the presumption of innocence as a cornerstone of the criminal justice system, ensuring individuals accused of offenses are considered innocent until proven guilty beyond reasonable doubt. ·        Setting deadlines of 30 days to the Governor and 60 days to the President for filing mercy petitions in death sentence cases, with no further appeal against the President’s decision. Issues in Current Proposed Reforms to the Criminal Justice System: ·        Lack of Consultation and Transparency: ²  Drafted by the 2020 Criminal Law Reforms Committee without judicial, bar, civil society, or marginalized community representation. ²  Committee did not release its report or bills for public consultation and feedback. ·        Potential Violation of Human Rights: ²  Criticized for vague terms that may infringe on rights of accused, victims, witnesses, and others. ²  Examples include new offences like “acts endangering sovereignty” and admissibility of confessions to police. ·        Coherence and Consistency Concerns: ²  Reforms accused of inconsistency with existing laws and among themselves. ²  Introduces new standards of proof and categories of offences without clear definitions. ·        Police Powers and Judicial Oversight: ²  Proposed reforms grant extensive powers to police without sufficient judicial oversight. ²  Risks of increased custodial abuse, coercion, and misuse of authority are highlighted. Issues in India’s current criminal justice system include: ·        Pendency of Cases: Over 4.7 crore cases are pending across different judicial levels, leading to delays in justice delivery, violating the right to speedy trial, and eroding public trust. ·        Lack of Resources and Infrastructure: The system suffers from underfunding and lacks manpower and facilities. With only 21 judges per million population and significant vacancies in high and lower courts, the system struggles to meet its demands. ·        Poor Quality of Investigation and Prosecution: Agencies often fail to conduct impartial investigations due to political interference, corruption, and lack of accountability, impacting the system’s effectiveness. ·        Human Rights Violations: Instances of custodial torture, extrajudicial killings, and unfair trials persist, raising concerns about the system’s treatment of accused, victims, and witnesses. ·        Outdated Laws and Procedures: Enacted during British rule in 1860, the laws do not adequately address modern crimes like cybercrime and terrorism, hindering effective legal responses. ·        Public Perception: Police-public relations suffer due to perceptions of corruption and inefficiency, undermining public confidence in law enforcement’s effectiveness and responsiveness. Committees and their recommendations for reforming India’s criminal justice system include: ·        Vohra Committee, 1993: Formed to address criminalization in politics and the nexus between politicians, bureaucrats, and criminals. Recommended establishing an institution for intelligence collection and action against such elements. ·        Malimath Committee, 2003: Proposed comprehensive reforms: ²  Introducing ‘social welfare offences’ for minor violations. ²  Advocated a ‘mixed system’ blending adversarial and inquisitorial systems. ²  Suggested lowering the standard of proof required for conviction and making senior police officers’ confessions admissible. ·        Madhav Menon Committee, 2007: Drafted a national policy emphasizing: ²  Respect for human dignity and rights throughout the criminal justice process. ²  Promoting restorative justice over punitive measures. ²  Enhancing coordination among police, judiciary, and prosecution. ·        Supreme Court Directives on Police Reforms, 2006: Issued to enhance police autonomy, accountability, and professionalism: ²  Mandated the formation of State Security Commissions to oversee police policies. ²  Advocated fixed tenures for Directors General of Police based on objective criteria. ²  Recommended separating police roles in investigation and maintaining law and order. ²  Called for the establishment of Police Complaints Authorities to address misconduct allegations at state and district levels.

 

Conclusion

• The lack of clarity surrounding the retention of substantial parts of existing laws raises questions about the necessity of complete repeal versus amendment. Ambiguities in the “repeal and savings” provisions of the new laws further complicate ongoing proceedings, demanding a clearer delineation of applicability. The readiness of institutions for the imminent enforcement of these laws remains a critical concern, necessitating a thorough independent audit before implementation proceeds.
• The impact of these new criminal laws on citizen liberties and access to justice necessitates a re-evaluation of their readiness and appropriateness before enforcement can proceed.

Apple, Foxconn and married, working women — where’s the imaginary support system?

GS 2: Society – Women employment

Why is it in the news?

• An investigation by Reuters into the assembly headquarters of Foxconn, the Apple iPhone manufacturer, in Tamil Nadu has revealed disparities in the hiring process.

An Analysis

• Picture, if you will, a workforce predominantly composed of women. Also, consider the challenges each woman has had to surmount to reach their current positions, a feat made more difficult by the impediments of marriage and motherhood in the workplace. These women exhibit unparalleled multitasking abilities to maintain a delicate balance between work and personal life, extending beyond traditional working hours.

Definition of Gig Worker: v  As per the Code on Social Security, 2020 (India), a gig worker refers to an individual engaged in work or work arrangements where they earn outside the conventional employer-employee framework. v  This category includes independent contractors, online platform workers, workers from contract firms, on-call workers, and temporary workers.

• However, when it comes to certain roles like blue-collar jobs or gig work, the portrayal of women in these positions seems to lack depth. The investigation at Apple iPhone maker Foxconn’s assembly headquarters in Tamil Nadu’s Sriperumbudur highlights discrepancies in the hiring process, where married women are seemingly discriminated against due to pregnancy, family responsibilities, excessive leave, and even arbitrary cultural restrictions, such as adornments that hinder the manufacturing process.
• The report about Foxconn naturally caused a stir. Over the years, Foxconn’s record as an employer has faced scrutiny, particularly in China where its largest iPhone factory is located in Zhengzhou. Past incidents of employee suicides led to investigations into working conditions.
• Following the recent report on India, the Ministry of Labour and Employment has requested a report from the Tamil Nadu labour department, prompting Foxconn to issue an informal statement emphasizing its commitment to workplace equality. They reported that 25% of their recent hires are married women. In Tamil Nadu, their factory has around 70% female employees, making it the largest female employer in the country with a peak employment of 45,000 workers.
• While this may sound commendable on the surface, in India, where women are a focal point for political parties and the government has pledged to gender equality, the reality is different. Women’s participation in the labour force stands at 32.7% in contrast to 76.8% for men. The struggle to implement gender equality is hindered by a lack of innovation, perpetuating inhibiting processes.
• For example, in the Foxconn report, a query regarding childcare facilities at Sriperumbudur was met with a negative response from a recruiter, indicating that married women were unwelcome. This lack of imagination hampers the consideration of alternatives like providing creches at workplaces, which would benefit both male and female employees, or addressing the disproportionate burden on women for caregiving responsibilities.
• Instead, excuses based on patriarchal norms such as work hour deficits or excessive leave requests are used to justify the lack of opportunities or pay disparities, dissuading women from seeking essential employment.
• This failure extends beyond government and political parties to individuals, families, organizations, and societies at large. Many women are told they are lucky to have families that ‘permit’ them to work outside the home or supportive partners, only to return home to manage household duties.
• Without intervention, the UN Women and UNDESA report warned that a whole generation of women would continue to spend disproportionately more time on housework than men due to ingrained biases, highlighting a troubling reality.
• Earlier this year, the Supreme Court of India, in the Union of India and Others vs Ex. Lt. Selina John case, observed that rules penalizing working women based on marriage are unconstitutional. The termination of employment due to a woman’s marriage is a clear case of gender discrimination and inequality. Upholding such patriarchal rules undermines human dignity, the right to non-discrimination, and fair treatment.

Conclusion

• To position India as the world’s third-largest economy with women as agents of change, a re-evaluation of assessment criteria is imperative.
• There is a proverb ingrained in generations of Bengali women – “Je raadhe, she chul-o bnadhe” (The one who cooks also takes care of her appearance). This proverb underscores the belief in women’s innate ability for multitasking. The crucial factor lies in fostering a supportive environment through imaginative initiatives.

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UPSC CURRENT AFFAIRS – 29 June 2024

GS Paper 3:

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India achieves an ‘outstanding outcome’ in FATF mutual evaluation 2023-24

GS 3: Internal Security- FATF

 

Why is it in the news?

• India achieved a commendable outcome in the Mutual Evaluation carried out by the Financial Action Task Force (FATF) for the 2023-24 period.

About Financial Action Task Force FATF: ·        FATF is an intergovernmental organisation established in 1989 as the international watchdog to combat money laundering, terrorist financing, and other related threats to the integrity of the international financial system. ·        India became a member of FATF in 2010.

• The Mutual Evaluation Report of India, endorsed during the FATF plenary in Singapore, positioned India in the “regular follow-up” category, alongside only four other G-20 countries.
• This achievement signifies a significant milestone in India’s efforts to combat money laundering (ML) and terrorist financing (TF), as highlighted by the government on June 28.

 

More about the news

• The FATF’s statement mentioned that India had demonstrated a high level of technical compliance with its standards, especially in areas such as anti-money laundering (AML), countering the financing of terrorism (CFT), and counter-proliferation financing (CPF). Nevertheless, the FATF identified the need for enhancements in supervisory measures and implementing preventive strategies in certain non-financial sectors.

JAM Initiative: ·        JAM stands for Jan Dhan Yojana, Aadhaar, and Mobile, a Government of India initiative aimed at reducing subsidy leakage by linking citizens’ Jan Dhan accounts, Aadhaar numbers, and mobile phones. ·        DBT Scheme: This combination facilitates the Direct Benefit Transfer (DBT) scheme, ensuring direct cash benefits reach beneficiaries’ bank accounts, streamlining the process compared to previous subsidy distribution methods. ·        Functionality: Aadhaar enables direct beneficiary identification through biometric data, while Jan Dhan accounts and mobile phones allow the government to transfer funds directly to beneficiaries.

• India was advised to expedite the conclusion of ML and TF prosecutions and ensure the effective implementation of CFT measures to prevent abuse in the non-profit sector. The FATF also acknowledged India’s endeavors to mitigate the risks associated with ML/TF, such as proceeds laundering from corruption, fraud, and organized crime.
• India’s transition towards a digital economy and the successful implementation of the JAM (Jan Dhan, Aadhaar, Mobile) Trinity framework received recognition for reducing ML/TF risks and enhancing financial inclusion.

 

Significance

• The Government emphasized that India’s recognition by FATF underscored the country’s commitment to international standards in combating financial crimes.
• India’s performance in the Mutual Evaluation process is anticipated to benefit the nation by bolstering global investor confidence, improving access to international financial markets, and facilitating the expansion of the Unified Payments Interface (UPI).

 

A fresh start: On the Goods and Services Tax Council meet

GS 3: Economy- GST Council

 

Why is it in the news?

• The GST Council convened for the first time in almost nine months last week, embarking on a fresh start with a revised group of 11 State Ministers and a restructured NDA government at the Centre.

 

More about the news

• The Council initiated proceedings with a detailed agenda featuring clarifications, adjustments, relaxations, and procedural modifications based on industry input and official vetting. While aware that concluding discussions on all pending matters was not feasible, the Council decided to reconvene in August to address the remaining issues.
• Despite the unfinished agenda, the Council demonstrated commendable progress during its session, which included consultations with states on the Union Budget. They reached a consensus on numerous matters aimed at simplifying tax procedures, reducing litigation, and offering tax exemptions on select items.
• Notably, GST exemption was granted for hostel accommodation costing up to ₹20,000 per month and for railway services. Additionally, a uniform 12% rate was approved for packing cartons, milk cans, and solar cookers, eliminating previous classification complexities.
• Among the decisions made were industry-specific measures, some of which would have a retrospective impact. The Council also announced the waiver of interest and penalties on tax arrears for the initial three years of GST if paid by March 2025. Moreover, they reduced pre-deposit requirements for filing appeals and introduced a new form for taxpayers to rectify errors in past returns. Noteworthy was the repeal of the anti-profiteering provision, promoting a phased implementation of biometric-based Aadhaar authentication for GST registrations.

 

Conclusion

• These moves are anticipated to enhance compliance and streamline the GST system, aligning with the council’s goal to simplify the tax structure.
• The upcoming meeting is set to reassess the 2021 plan to streamline the multiple-rate GST structure, focusing on rate reforms and bringing excluded items like petroleum and electricity under the GST ambit while adjusting tax rates.

 

About GST Council: ·        The GST Council is a constitutional body responsible for making recommendations on issues related to the implementation of the Goods and Services Tax (GST) in India. It was established to simplify the existing tax structure, making it more uniform across the country by replacing multiple taxes levied by both the Centre and states. About Goods and Services Tax (GST) ·        The Goods and Services Tax (GST) was introduced in India through the 101st Constitution Amendment Act, 2016. ·        It represents one of the most significant indirect tax reforms in the country, introduced with the slogan “One Nation, One Tax.” ·        GST has unified various indirect taxes, such as excise duty, Value Added Tax (VAT), service tax, and luxury tax, into a single tax. As a consumption tax, GST is levied at the point of final consumption.   ·        Constitutional Provisions: ²  101st Amendment Act, 2016: This amendment introduced GST and added Article 279-A to the Constitution, empowering the President to constitute the GST Council. ²  Article 279-A: The President issued an order in 2016 to form the Goods and Services Tax Council. ·        Members: ²  Union Finance Minister: Serves as the Chairperson. ²  Union Minister of State (Finance): Member from the Centre. ²  State Representatives: Each state can nominate a finance or taxation minister or any other minister as a member. ·        Functions: ²  Recommendations: Article 279A (4) empowers the Council to make recommendations on key GST-related issues, including: Ø  Goods and services subject to or exempted from GST. Ø  Model GST laws. Ø  GST rates and rate slabs. Ø  Special rates for raising additional resources during natural calamities/disasters. Ø  Special provisions for certain states. ·        Working: ²  Decision-Making: Decisions are made by a majority of at least three-fourths of the weighted votes of the members present and voting. ·        Quorum: A quorum of 50% of the total members is required to conduct a meeting. ·        Voting Weightage: ²  The Central Government’s vote carries a weightage of one-third of the total votes cast. ²  All state governments’ votes combined have a weightage of two-thirds of the total votes cast. ·        Binding Nature: The Supreme Court ruling in Union of India v. Mohit Minerals Pvt. Ltd (2022) clarified that the Council’s recommendations are not binding, as both Parliament and State legislatures have simultaneous power to legislate on GST.

 

Coal, electricity buoy core output in May

GS 3: Economy- IIP

 

Why is it in the news?

• India witnessed a notable growth of 3% in the output of its core infrastructure sectors in May, slightly lower than the previous month’s pace of 6.7%.

What is the Core sector? ·        Core sector growth refers to the growth rate or the increase in output/production from the core industries of an economy over a given period of time, typically measured on an annual or monthly basis. ·        The core sector in India includes eight key industries: Coal, Crude oil, Natural gas, Refinery products, Fertilizers, Steel, Cement and Electricity ·        The growth rate of these industries is a crucial indicator of the overall health of the Indian economy, with a strong growth rate often signaling a positive economic outlook. Significance: ·        Economic Indicator: The performance of the core sector is a key measure of a country’s industrial and economic performance, serving as a barometer for gauging economic health and predicting future trends. ·        Industry Interconnections: The core sector industries are significantly interconnected with other sectors, creating a multiplier effect where changes in growth or contraction impact the entire economy. u   Example: Steel is vital for construction, automobiles, and machinery, while electricity is essential for powering factories, homes, and businesses. ·        Infrastructure Development: Core industries are essential for developing a country’s infrastructure. The production of steel, cement, and electricity is necessary for building roads, bridges, and power plants. Calculation of Growth: The core sector’s growth is calculated by combining the growth rates of these individual industries, using their respective weights in the overall Index of Core Industries (ICI).   About Index of Eight Core Industries (ICI): ·        The Index of Eight Core Industries (ICI) is a monthly report prepared and released by the Office of the Economic Adviser (OEA) within the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce & Industry. ·        This index provides an overview of the performance and health of India’s industrial sector, focusing on eight key industries. ·        The ICI components include:Coal, Crude oil, Natural gas, Refinery products, Fertilizers, Steel, Cement and Electricity. ·        The weightage of these core industries in the ICI is as follows: Petroleum Refinery Products (28.04%), Electricity (19.85%), Steel (17.92%), Coal (10.33%), Crude Oil (8.98%), Natural Gas (6.88%), Cement (5.37%), and Fertilizer (2.63%). ·        The base year for the ICI is aligned with the base year for the IIP, currently set to 2011-12.

 

More about the news

• The increase was primarily driven by a double-digit surge in coal and electricity production, which offset the declines observed in sectors such as cement and fertilisers. Moreover, the Index of Core Industries (ICI) rose by 3.7% compared to the levels seen in April.
• In terms of specific sectors, electricity generation soared by 8% year-on-year, reaching a seven-month high, while coal production showed a substantial growth of 10.2%. This surge in production could be attributed to heightened demand, especially due to the prevalent heatwave across many parts of the country during May.
• Additionally, natural gas output increased by 5%, and steel production saw a 7.6% rise. However, refinery products only experienced a marginal 0.5% uptick, marking the slowest growth in four months.
• Notably, cement output registered a decrease of 0.8% for the second consecutive month, following a 0.5% decline in April. Fertilisers production also faced a downturn, declining by 1.7% in May, marking the sharpest drop in three months. Similarly, crude oil production witnessed a 1% decrease, halting a four-month streak of growth.
• These core sectors, which account for over 40% of the Index of Industrial Production (IIP), had witnessed a slowdown in industrial output growth to 5% in April. Analysts anticipate a growth rate of 4% to 5% for May’s IIP.

 

About Index of Industrial Production (IIP): ·        The Index of Industrial Production (IIP) is a key indicator used to measure the growth rates of different industry groups in the economy over a fixed period. ·        It is a composite index that reflects short-term changes in the production volume of a basket of industrial products, compared to a chosen base period. ·        The IIP is compiled and published monthly by the Central Statistical Organisation (CSO) and released six weeks after the reference month ends. Core Industries and IIP: ·        The Eight Core Industries contribute over 40 percent of the weight of items included in the IIP. ·        These industries significantly impact the overall industrial production and economic health. Importance: ·        The IIP is crucial for government policy planning and analysis. ·        It provides an abstract number representing the status of industrial production compared to a reference period, with the current base year being 2011-12.

 

Base effects, such as the significant rise in cement production last May, along with reduced government capital expenditures and other external factors like the heatwave and Parliamentary elections, likely impacted sectoral performance during the month.

 

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