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Mar 06 2024

Context: 

The traditional Majuli masks in Assam were given a Geographical Indication (GI) tag by the Centre.

About Assam Majuli Mask

Majuli Mask

  • Development: It developed in response to Neo-Vaishnavism, initiated by Srimanta Sankardeva in the 15th century. 
  • Usage: The handmade masks are traditionally used to depict characters in bhaonas, or theatrical performances with devotional messages under the neo-Vaishnavite tradition.
  • Varieties: Made in different varieties and sizes as they are mainly divided into different categories: ‘Mukha bhaona’ (covers the face); ‘Lotokoi’ (extends to the chest) and, ‘Cho Mukha’ (head and body mask). 
  • Materials used: Bamboo, clay, dung, cloth, cotton, wood, etc.
  • Uniqueness: Masks depict mythological characters, deities, and animals, preserving Assamese culture
  • Cultural Significance: Used in traditional Sattriya dance forms, rituals, and festivals.

About Majuli Manuscript Painting

  • It is a form of painting — also originating in the 16th century — done on sanchi pat, or manuscripts made of the bark of the sanchi or agar tree, using homemade ink.
  • Material used: It is done on sanchi pat, or manuscripts made of the bark of the sanchi or agar tree, using homemade ink.
  • Earliest example: A rendering of the Adya Dasama of the Bhagwat Purana in Assamese by Srimanta Sankardev.
  • Patronized:  By The Ahom kings. It continues to be practiced in every sattra in Majuli.

About Geographical indication Tag

  • A Geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. 
  • Components of Intellectual Property Rights: Geographical Indications are covered as a component of Intellectual Property Rights (IPRs) under the Paris Convention for the Protection of Industrial Property.
  • Usage: Geographical indications are typically used for agricultural products, foodstuffs, wine and spirit drinks, handicrafts, and industrial products.
  • First Product: The first product in India to be accorded with GI tag was Darjeeling tea in the year 2004-05.

Process Governing GI Tag:

  • International Level: At the International level, GI is governed by the World Trade Organisation’s (WTO’s) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
  • National Level: In India, Geographical Indications registration is administered by the Geographical Indications of Goods (Registration and Protection) Act, 1999 which allowed India to join the WTO and sign the convention. 
  • Applicability:  A GI registration is given to an area, not a trader, but once a product gets the registration, traders dealing in the product can apply for selling it with the GI logo.
Also Read: Mayurbhanj’s Red Ant Chutney Receives GI Tag

News Source: The Indian Express

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Context:

Recently a satellite (MethaneSAT)  which will track and measure methane emissions at a global scale — was launched aboard a SpaceX Falcon9 rocket from California

About MethaneSAT

  • Objective:  To track and measure methane emissions at a global scale. To identify how much methane is coming from where, who’s responsible, and are those emissions going up or down over time.
  • Promoting entity:  Environmental Defense Fund (EDF), a US-based non-profit environmental advocacy group.
  • Developing partners: Harvard University, the Smithsonian Astrophysical Observatory, and the New Zealand Space Agency.
  • Mission Partner: Google

Features of MethaneSAT

  • High Resolution Sensor:  The satellite, equipped with a high-resolution infrared sensor and a spectrometer, which will help fill important data gaps.
  • Detection: It can detect changes in methane levels as small as three parts per billion in the atmosphere, allowing it to identify smaller sources of emissions compared to previous satellites.
  • Super Emitters: MethaneSAT also boasts a broad camera perspective, covering approximately 200 km by 200 km, enabling it to detect larger emitters known as “super emitters“.

About Methane Emission:

  • Occurrence: Atmospheric methane (CH4) occurs in nature as the primary component of natural gas.
  • Contribution: It is the second largest contributor to climate change, accounting for around 16% of the warming effect
    • According to the UNEP, methane has 80 times the warming power of carbon dioxide during the first 20 years after it is released into the atmosphere.
  • Global Warming Potential: Its warming effect is 28 times greater than CO2 over a 100-year timescale (80 times over 20 years).

 

Also Read: Cop28 Turns Attention To Potent Methane Emissions

News Source: Indian Express

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Context: 

Recently, Scientists unveiled the first in-depth study of a star dune, revealing the internal structure of these geological features and the process of its formation.

  • The study focused upon a star dune in eastern Morocco called Lala Lallia, meaning “highest sacred point” in the local Berber language, situated within the Sahara Desert.

About Star Dunes

Star Dunes

  • Star dunes – or pyramid dunes – are named after their distinctive shapes and reach hundreds of metres in height. 
  • They are found in Africa, Asia and North America, as well as on Mars – but experts had never before been able to put a date on when they were formed.
  • They make up just under 10% of Earth’s desert dunes.
  • Formed in areas with complex wind regimes, where winds blow from different directions, leading to net sand accumulation and the formation of giant dunes.
  • Star dunes are the tallest and most complex type of sand dunes, surpassing other types such as crescent-shaped barchan dunes and linear dunes.

Formation and Age Determination

  • Formed by opposing winds that change direction, leading to the distinctive shape.
  • The luminescence dating technique was used to determine the age of Lala Lallia and similar dunes.
  • Age Determination Method: It measures the amount of energy trapped within sand grains, indicating when they were last exposed to daylight.
  • Allows scientists to understand the wind patterns and climate of the era when the dunes formed.

Global Distribution:

Lala Lallia Star Dune

  • Formed about 900 years ago, located in eastern Morocco within the Sahara Desert, specifically in the Erg Chebbi sand sea near Merzouga.
  • Approximately 330 feet (100 meters) high and 2,300 feet (700 meters) wide.
  • Moving westerly at a speed of about 1.6 feet (0.5 meters) annually.
Also Read: Landforms And Their Evolution

News Source: The Hindu

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Context:

The waters of the Red Sea are at an ‘environmental risk’ after Belize-flagged, UK-owned bulk carrier Rubymar sank in the southern part of the Sea recently.

Rubymar Ship

Rubymar Ship Attacked by Houthi Rebels finally Sinks

  • The Rubymar ship is the first ship to be sunk by the Houthis rebels after they started a campaign to attack global shipping in the Red Sea in November 2023. 

About Red Sea:

  • Geographical Extent: It stretches:
    • In the North: Egyptian, Israeli (Port of Eliat) and Jordanian (Port of Aqaba) coasts.
    • In the South: Yemeni, Djiboutian, Eritrean and Somali coasts.
  • Connected With: Red Sea connects with the Mediterranean Sea and the Atlantic Ocean through the human-made Suez Canal and to the Gulf of Aden, Arabian Sea and Indian Ocean through the Strait of Bab el Mandeb (‘Gate of Tears’ in Arabic).

Rubymar Ship

Red Sea Map

Distinctive Features of Red Sea: 

  • UNESCO Natural Heritage Sites: The Socotra Archipelago, Dungonab Bay and Senganeeb Atoll. 
  • Other Archipelagos: Farsan and Dahlak Archipelagos 
  • Ecologically-rich Sea: The RSGA (Red Sea and Gulf of Aden) ecosystems supports a rich biological diversity with a distinct high proportion of endemic species. 
  • According to PERSGA Reports: About 14.7% Red Sea fishes are of endemic species, which ranks the Red Sea among the top areas of high fish endemism in the world. 
  • Fish Families: Around 90% of the Red Sea dottybacks (Pseudochromidae) and triple fins (Tripterygiidae), and 50% of the Red Sea butterfly-fishes (Chaetodontidae). 
  • Invertebrates: About 6% of the Red Sea coral, 13% of polycheate, 33% of crinoid, 23% of holothuroid, and 13% of asteroid species.
  • High Resilient Corals: The sea’s coral reefs have exhibited relatively higher resilience compared to other parts of the world, where there have been several bleaching incidents and subsequent die-offs.
  • A Vital Trade Artery: Connecting Greece, Rome, Syria, the Holy Land and Egypt with India. 

Reason of High Diversity: 

  • The Red Sea gets its rich biodiversity due to the flow of nutrient-rich water from the Gulf of Aden through the Bab el Mandeb

Arising Concerns: 

  • Decline in Fishes: Declining and fluctuating trends are reported for several fisheries, which are mainly linked to degradation of their essential coastal habitats and overfishing.
  • Other Major Concerns: They include human population growth; habitat destruction; overexploitation of marine resources; navigation risks and threats of hydrocarbon spills; pollution from urban /industrial/ tourism hotspots; illegal disposal of pollutants by transiting vessels; and the impacts of climate change.
    • The United Nations Conference on Trade and Development (UNCTAD): Recently, it had expressed concern over increasing disruptions in global trade caused due to the impact of climate change and war on shipping.
Also Read: Red Sea Crisis

News Source: Down to Earth

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Context: 

Bloomberg to include Indian bonds in the Bloomberg Emerging Market (EM) Local Currency Government Index and related indices from January 31, 2025.

After JP Morgan, Bloomberg to Include Indian Bonds in EM Index

  • Phased inclusion: 

    • The inclusion of India Fully Accessible Route (FAR) bonds in the Bloomberg EM indices will happen in a phased manner spread over a ten-month period.
      • Indian FAR bonds will be initially included with a weight of 10 percent of their full market value.
      • The weight of FAR bonds will be increased in increments of 10 percent of their full market value every month till October 2025, when  they will be weighted at their full market value in the indices.
  • The Indices:  

    • It includes the Bloomberg EM Local Currency Government Index, the Bloomberg EM Local Currency Government Index 10% Country Capped Index, and all related sub-indices.
      • India will however be excluded from the Bloomberg Global Aggregate and related indices.
      • The index would include 34 Indian securities and represent 7.26 per cent of a $6.18 trillion index on a market value weighted basis.
  • Eligibility criteria: 

    • The local currency India bonds will be comprised of INR-denominated India government bonds which are placed through the Fully Accessible Route (FAR) and should  have a minimum amount outstanding of Rs 10 billion .

Significance of the Inclusion

  • Upgrade in status: 

    • India’s continued emergence as a global financial center promises to be one of the most significant economic developments of this decade  and the inclusion is a reflection of India’s growing importance to the global economy. 
      • JP Morgan Chase & Co  had last year  announced a phased inclusion of Indian government bonds to JP Morgan GBI-EM Global index over a 10-month period starting June 28, 2024.
  • Enable access to Indian Markets: 

    • The inclusion will help connect more investors to India and provide the foreign Investors a new emerging avenue for their capital by increasing  access to and participation in the Indian markets
  • Strengthening of Indian Rupee: 

    • Indian Rupee is expected to become the third largest currency within the Emerging Markets following the Chinese Renminbi and the South Korean Won,
  • Capital inflows: 

    • Inclusion of domestic bonds to global indices will help bring in dollar inflows into India and ensure a stable financing of the current account gap of the country.
      • Direct inflows of around $20-25 billion is estimated into the country over the next two years after the  JP Morgan inclusion. 
  • Attract Investment: 

    • India’s inclusion in the Bloomberg Bond Index is expected to attract investment exceeding  $40 billion in foreign funds into the G-Secs market over the next two years.
  • Stable macro economics: 

    • The Inclusion is a sign of a mature and stable financial market and a vote of confidence in India’s macro financial stability

Fully Accessible Route (FAR):

  • The Reserve Bank of India  introduced a separate channel called the ‘Fully Accessible Route’ (FAR), for non-resident investment in Government of India dated securities with effect from April 1, 2020.
  • Eligible investors: FPIs, Non-Resident Indians (NRIs), Overseas Citizens of India (OCIs) and other entities permitted to invest in Government Securities under the Debt Regulations can invest under this route.
    • Other investors  may invest through International Central Securities Depositories. 
  • There will be No investment ceiling for the eligible investors like FII, FPIs  to invest in the government securities and bonds.
  • This scheme shall operate along with the two existing routes, viz., the Medium Term Framework (MTF) and the Voluntary Retention Route (VRR).
  • Present Status:  About 35% of outstanding government securities are FAR bonds and, incrementally, 75-80% of new issuances are FAR bonds. At present, 23 FAR bonds with a combined value of $330 billion are eligible for inclusion in the index.

 

Also Read: Corporate Bond Market In India Set To Double By FY2030

News Source: The Indian Express

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Context: 

Sangeet Natak Akademi Award

Recently, the President of India conferred Sangeet Natak Akademi Awards for the years 2022 and 2023 to 94 eminent artists (two joint awards) in the field of performing arts.

  • Sangeet Natak Akademi Fellowship (Akademi Ratna) to 7 eminent artists (one joint fellowship) in the ceremony will also be awarded.

About Sangeet Natak Akademi 

  • It is the apex body in the field of performing arts in the country for the preservation and promotion of the vast intangible heritage of India’s diverse culture expressed in forms of music, dance and drama.
  • Established in 1953 
  • Ministry: It is an autonomous body under the Ministry of Culture
  • The Chairman of the Akademi is appointed by the President of India for a term of five years.
  • The management of the Akademi vests in its General Council.

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The Sangeet Natak Akademi confers classical status on nine Indian dance forms

  • Bharatanatyam: Tamil Nadu,
  • Kathak: Northern India, 
  • Kathakali: Kerala, 
  • Kuchipudi: Andhra Pradesh, 
  • Manipuri: Manipur, 
  • Mohiniyattam: Kerala,
  • Odissi: Odisha,
  • Sattriya: Assam,
  • Chhau: Mayurbhanj Chhau of Odisha
    • Two other Forms of Chhau: Purulia Chhau of West Bengal, the Seraikella Chhau of Jharkhand. 

Sangeet Natak Akademi Award   

  • The Sangeet Natak Akademi Award has been conferred since 1952.
  • It is given to the artist in performing arts expressed in music, dance, drama, folk & tribal arts, puppetry and allied theatre art forms
  • Akademi Award carries award money of Rs 1,00,000, besides a Tamrapatra and Angavastram.

Sangeet Natak Akademi Fellowship (Akademi Ratna) 

  • It is conferred regardless of nationality, race, caste, religion, creed, or sex.
  • It is a most prestigious and rare honour, to an eminent performing artist for his/her exceptional contribution to his/her performing art form.
  • Akademi Award carries award money of Rs.3, 00, 000, besides a Tamrapatra and Angavastram.

Eligibility For Akademi Ratna & Awards

  • Maximum: Awards 41 & Fellowship 40.
  • Age Criteria: No person below 50 & at least 35 years of age. 
  • A deceased person cannot be considered for Akademi Ratna or Puraskar.

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Ustad Bismillah Khan Yuva Puraskar

  • It was instituted in the year 2006 
  • The Yuva Puraskar may be given in the following five Fields of activity: Music Dance Theatre Other Traditional / Folk/ Tribal/ Dance/ Music/ Theatre and Puppetry Contribution / Scholarship in Performing Arts.
  • Maximum Awards:  33
  • Age Criteria: up to the age of 40 & Date of nomination received will be from 1st April of that year. 
Also Read: Bharat Ratna Awards 2024

News Source: PIB

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Context: 

According to the paper published in the journal Nature Reviews Earth & Environment the Arctic Ocean could go without ice for the first time by 2030 under all emission scenarios 

Arctic Ocean Could Experience ‘Ice-Free’ Summer Days By 2030: Key Findings of Study:

  • Variation in Frequency: The frequency at which ice-free conditions occur could vary depending on future warming levels. 
    • For instance, if ice-free conditions occur for warming of 1.5 degrees Celsius, they are unlikely to reoccur for several decades.
  • Resilient Arctic: The paper also said the Arctic is resilient and can return to normalcy if the atmosphere cools down.
  • Projections: Model projections show a decline in the probability of the Arctic facing ice-free conditions when temperatures go down by 2050 by removing carbon dioxide from the atmosphere.
  • Declining of Ice cover: Arctic Ocean ice cover, which includes the sea ice area, extent, and thickness has declined since the beginning of satellite observations in 1978.

arctic ocean

Arctic Ocean Map

Reasons for Fast Rate of Ice melting in the Arctic Ocean

  • Albedo Feedback Loop: When the amount of global ice decreases, Earth’s reflectivity rises, absorbing more solar radiation and causing the surface to warm.
  • Darker Ocean Surface: As dark ice replaces bright Arctic ice, less incoming solar energy is reflected, which increases heat and ice loss.
  • Climate Change: The ice is broken up and distributed by wind, ocean currents, and an extreme heat wave, accelerating the melting process.
  • Counter-clockwise circulation: Cyclones that enter Siberia produce anticlockwise winds and drift ice. This pattern reduces the amount of ice that flows across the Farm Strait, east of Greenland.

Significance of Arctic Ocean Ice:

  • Maintain Earth’s Energy Balance:  They play an essential role in keeping polar regions cool and maintaining Earth’s energy balance.
  • Keeping Air cool: Keeps the air cool by forming a barrier between cold air above and relatively warmer water below.
  • Preservation of Biodiversity: Changes in sea ice can affect biodiversity and impact mammals such as polar bears and walruses.
  • Indigenous Population culture and tradition: Affects the traditional subsistence hunting lifestyle of indigenous populations such as Yup’ik, Iñupiat, and Inuit.

Potential Impacts of Arctic Ice Melting

  • Coastal erosion: Over the Arctic Ocean, sea ice absorbs wave impacts, limiting coastline erosion.
    • As sea ice recedes further from adjacent landmasses, late-summer and autumn storms generate potent waves that crash into shore.
  • Rising sea level: Increased wave action generated by sea ice melt may bend ice shelves, increasing the likelihood of glacial retreat. 
    • Glaciers that have lost their ice fronts flow faster, and because this process delivers new ice into the ocean, sea level rises, potentially leading to coastal flooding. 
  • Global Warming: Sea ice loss leads to increased permafrost thaw, which drives the release of carbon dioxide and methane—an even more potent greenhouse gas. The retreat of sea ice exposes more significant expanses of darker ocean water, which absorbs more solar radiation than white sea ice, perpetuating the global warming effect.

About the Arctic Ocean

  • Location: The Arctic Ocean is Earth’s northernmost body of water and the world’s most miniature ocean. 
  • Bordering Countries: It borders Greenland, Canada, Norway, Alaska, and Russia and is almost completely covered with ice for most of the year. 
  • Surrounding: It is surrounded by marginal seas such as the Chukchi, East Siberian, Laptev, Kara, Barents, White, Greenland, and Beaufort. 

 

Also Read: Changes In The Arctic Region

 

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Context: 

India’s bilateral relations with Asean is going to be affected due to Australia’s Investment in Southeast Asia, setting aside $1.3 billion to enhance trade in the region during a summit of the 10-nation ASEAN forum in Melbourne.

ASEAN and Australia: A Renewable Partnership

  • India’s trading partnerAustralia is focusing towards strengthening economic relationships beyond its longstanding trade partner, China.
  • Climate Change and Clean Energy Transition: Energy demand in Southeast Asia heavily relies on fossil fuels, while Australia is a major gas and thermal coal exporter.

About ASEAN 

  • ASEAN stands for the Association of Southeast Asian Nations. 
  • This entity is  an intergovernmental organization consisting of ten nations in Southeast Asia.
    • The member countries include Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam.
  • It was established on 8 August 1967 in Bangkok, Thailand. 
  • It serves as a platform for cooperation and collaboration among these nations on various regional and international issues.
  • Through diplomatic dialogue and multilateral agreements, member states work together to address common challenges and pursue shared goals.
  • Objectives:  The organisation aims to promote the Southeast Asian region through 
    • Acceleration of economic growth
    • social progress and cultural development in the region
    • fostering peace and stability in the region by upholding principles of justice and adherence to the rule of law in interstate relations.
    • Encouragement of the study of Southeast Asia 
    • Maintenance of strong collaboration with established international organisations.

Why is ASEAN Important to India?

  • Trade: 

    • Asean has significance for India in trade areas as it is the 4th largest trading partner of India. 
      • Export Items: There are various goods such as gems, pharmaceuticals, electronic goods, jewellery, wheat, and spices that India exports. 
      • Import Items: Similarly, India imports goods such as electronic goods, vegetable oils, newsprints, pearls and precious stones, and natural rubber from ASEAN.
  • China’s Influence: 

    • China holds significant influence in Southeast Asia because of its economy, location, and connections. However, relying too much on China can restrict India’s ability to pursue its goals. 
      • Diversification of partnerships: Several ASEAN members object to China for claiming the South China Sea. In such a situation, India too can benefit by increasing ties with other ASEAN members and reducing reliance on China. 
  • Maritime Cooperation: 

    • India and ASEAN cooperation for sustainable use of ocean resources (Indo-Pacific region) will be useful in the protection of  India as well as ASEAN Interest. 
  • Economic Growth Opportunities: 

    • The ASEAN bloc is emerging as an economic powerhouse due to rapid population growth. This situation can create various growth opportunities such as an increased market and push for higher production of goods and services. 
Also Read: India And ASEAN Set To Review Modernize Their Old FTA

News Source: The Hindu

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Context: 

This Article is based on the news “UN warns of climate change impact on farms and rural households run by women in poor countries” which was published in the PTI. Recently, The Food and Agriculture Organization (FAO) has released a report: “The unjust climate: Measuring the impacts of climate change on rural poor, women, and youth”

Food and Agriculture Organization (FAO): 

  • The Food and Agriculture Organization (FAO) is a specialised agency of the United Nations that leads international efforts to defeat hunger. 
  • Goal: To achieve food security for all and ensure people have regular access to enough high-quality food to lead active, healthy lives. 
  • Members: 195 members (194 countries and the European Union), India is a member of FAO. 
  • Established in 1945
  • Headquarters: Rome (Italy)

Key Finding of the Unjust Climate Report

  • Economic Impact of Climate Stress:

    • Disparities between Poor & Non-Poor Households 

      • Income Loss: low-income households suffer an Average loss of 5% & 4.4 %  of their total income due to heat stress & floods compared to wealthier households,
      • Income Gap:  Between Poor & Non-poor household by USD 20 to USD 21 billion per year, respectively. 
Why is the Climate Unjust? 

  • Those who have contributed the least to climate change bear the most burden, experiencing its severest impacts and lacking access to the resources, services and opportunities needed to adapt and survive. 
  • Poor household: a household belonging to the bottom 25 percentile of a multidimensional wealth index.
    • Disparities Between Women & Men:

      • Income loss: Female-headed households experience income losses of 8 % & 3 % due to heat stress & floods compared to male-headed households.  
      • Income Gap: Between Female & Male Headed Household by USD 37 billion and USD 16 billion per year, respectively. 
  • Long-Term Temperature Effects: 

    • Greater reliance on climate-sensitive agriculture among poor households compared to non-poor households. 
    • A 1°C rise in long-term temperatures results 
      • in a 53 per cent increase in farm incomes for poor households and a 33 per cent decrease in off-farm incomes relative to non-poor households. 
      • There was a 34 per cent reduction in the total incomes of female-headed households relative to those of male-headed households. 
  • Effects on Young and Older Households: 

    • Young households see a only 3 % & 6 % increase  in total income compared to older households due to floods & heat stress.
    • Their annual off-farm income increased only by USD 47 billion relative to other households due to Heat stress.
  • Impact on Children and Work Burden: 

    • Increased weekly working time: of children compared to prime-aged adults by 49 minutes 
  • Invisibility in National Climate Policies: 

    • Overlooked Climate vulnerabilities for Rural people : in national climate policies, such as the low representation in nationally determined contributions (NDCs) and national adaptation plans (NAPs). 
    • Small percentage of climate action proposal: for Women, Youth, poor people & farmers in rural communities which is 6 % ,2 %,less than 1% about 6 %, respectively. 
    • Low Climate finance allocation: only 7.5 percent directed towards adaptation and a meager amount (1.7 percent, roughly USD 10 billion) reaching small-scale producers.

Unjust Climate

Suggestions for Addressing Rural Climate Vulnerabilities

  • Integration of Social Protection and Advisory Services: It recommends linking social protection programmes to advisory services that can encourage adaptation and compensate farmers for losers, such as cash-based social assistance programs.
  • Gender-Transformative Methodologies: Adopt the methodologies that directly challenge discriminatory gender norms, empowering women to exercise full control over decisions impacting their economic well-being.
Also Read: Provisional State Of The Global Climate Report 2023

 

Mains Question: In the face of a changing climate, how has Climate-Smart Agriculture stands out as a source of inspiration and transformation for a world for ensuring a sustainable future? (250 words, 15 Marks)

 

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Context:

This Article is based on the news “France becomes the only country to explicitly guarantee abortion as a constitutional right” which was published in the Indian Express. Recently, France has become the only country to explicitly guarantee abortion as a constitutional right.

Relevancy for Prelims: MTP Act, Reproductive Health, Rights Of Women Vs. Rights Of The Unborn Child and Women’s Reproductive Autonomy

Relevancy for Mains: Abortion in India: Laws, Policies, Regulations, Cases, Arguments in Against/Favour of Abortion, and Way Forward.

France Makes Abortion a Constitutional Right

Abortion a Constitutional Right

  • Recent developments in the US, where the right to abortion was removed by the Supreme Court in 2022 by overturning the US Supreme Court’s ruling in Roe vs Wade (1973) prompted a re-evaluation of abortion rights globally, impacted France to provide a Constitutional Guarantee.

About Amendment of the French Abortion Law: 

  • Decriminalization in 1975: 

    • France decriminalized abortion in 1975, aligning with its commitment to reproductive rights.
    • Constitutional Right in 2024: By amending the Article 34 of the French Constitution. It specifies the law determining the conditions by which the freedom of women to have recourse to an abortion is guaranteed.
      • Amendment to the Article 34 of the French Constitution: To specify the law determining the conditions by which the freedom of women to have recourse to an abortion, which is guaranteed.
        • Article 34 of the French Constitution: It grants the French Parliament the authority to legislate on matters related to abortion, defining the conditions under which abortion is permitted, and regulating healthcare facilities that provide abortion services.

Global Abortion Laws:

  • Countries Banned Abortions: 

Abortion a Constitutional Right

    • Abortions are illegal in 24 countries, where about 90 million or 5% of women of reproductive age reside.
    • These include:
      • In Africa: Senegal, Mauritania, and Egypt
      • In Asia: Laos and the Philippines
      • In Central America: El Salvador and Honduras
      • In Europe: Poland and Malta
  • Countries with Significant Restrictions: 

    • Around 50 Countries, including Libya, Indonesia, Nigeria, Iran, Venezuela- permit abortions if a woman’s health is at risk. Several others allow it in cases of rape, incest or foetal abnormality.
  • Countries with Accessible Abortion Laws: 

    • In Canada, Australia and much of Europe there are few restrictions other than gestational limits. New Zealand decriminalised abortions in 2020, extending the legal period to 20 weeks of pregnancy. 
  • Countries with Stringent Laws: 

    • Some countries with hardline laws imprison women for getting an abortion, such as El Salvador where several women undergone abortions have been found guilty of “aggravated homicide”, including in cases of miscarriage.

Concerning Abortion Statistics by World Health Organization (WHO)

  • High Number of Induced Abortions: Around 73 million induced abortions (means, a pregnancy ended intentionally) take place worldwide each year. 
    • 6 out of 10 (61%) of all unintended pregnancies, and 3 out of 10 (29%) of all pregnancies, end in induced abortion.
  • Abortion a Constitutional RightUnsafe Abortions: Around 45% of all abortions are unsafe, of which 97% take place in developing countries.
  • WHO’s Safety Classification: The WHO has classified abortion procedures into three categories, namely, safe, less-safe and least-safe.
    • Lancet study from 2010 to 2014 showed 54% of abortions were safe, 30% were less safe, and 14% were least safe.
    • The developing world accounted for more than 97% of abortions classified under the latter two categories.

Status of Abortion in India

Data by United Nations Population Fund (UNFPA)’s State of the World Population Report 2022: 

  • Unsafe abortions: 

    • These are the third leading cause of maternal mortality in India, and close to 8 women die from causes related to unsafe abortions each day. 
    • Between 2007-2011, 67% of abortions in India were classified as unsafe.
  • Unintended Pregnancies: 

    • It has found that 121 million unintended pregnancies occur every year globally, an average of 331,000 a day. One in seven unintended pregnancies in the world take place in India. 
      • Studies from India indicate unintended pregnancies are associated with lower maternal healthcare utilisation and poorer infant and maternal health outcomes.
      • Women between the ages of 15–19 are at the highest risk of dying from an abortion-related complication.

Abortion Policy in India

  • Gestation Period Limit: 

  • Gestation: It is the period of time between conception and birth. During this time, the baby grows and develops inside the mother’s womb.
  • Requirement of Approval: 

    • There is no upper gestation limit for the procedure in cases of foetal disability as long as a medical board approves it.
  • Challenge of Foetal Viability: 

    • The test of “foetal viability” is a new factor that could potentially set back progress made over the years. 
  • Progressive in Comparison to Others: 

    • India’s legal framework on abortion is largely considered progressive, especially in comparison to many countries including the US where abortion restrictions are severely restricted — both historically and at present.

Evolution of Abortion Law in India

  • Pre-1960s: Abortion was illegal and punishable under Section 312 of the Indian Penal Code (IPC).
  • 1964: Formation of Shantilal Shah Committee
    • Task: To examine abortion-related matters and the necessity of laws around abortion in India.
    • Recommendation: Liberalization of abortion laws to reduce unsafe abortions and maternal mortality.
  • Abortion a Constitutional Right1971: Introduction and Passage of MTP Act
    • Introduction: It was introduced and passed by Parliament in August 1971, based on the recommendations of the Shantilal Shah Committee.
    • Provision: It allowed abortion up to 20 weeks of pregnancy and granted immunity to doctors performing abortions in line with its provisions.
    • Stages to Consider: The MTP Act allowed termination of pregnancy by a medical practitioner in two stages:
      • For termination of pregnancy up to 12 weeks from conception, the opinion of one doctor was required.
      • For pregnancies between 12 and 20 weeks old, the opinion of two doctors was required.
  • 2002: Brief Amendment for Medical Abortion Pills by allowing the use of medical abortion pills, mifepristone and misoprostol.
  • 2021: Amendment to Extend Abortion Limit
    • Extension of 4 Weeks: The MTP Act was amended in 2021 and extended the abortion limit from 20 to 24 weeks.
    • Change in Provision of Doctors’ Opinion: 
      • Up to 20 Weeks: The opinion of one doctor is required. 
      • Between 20 and 24 Weeks: The opinion of two doctors  is required.
    • Eligibility Criteria: The MTP Act (amendment) specified seven categories of women eligible for termination between 20 and 24 weeks of pregnancy:
      • Survivors of sexual assault or rape or incest
      • Minors
      • Change of marital status during the ongoing pregnancy (widowhood and divorce)
      • Women with physical disabilities 
      • Mentally ill women including mental retardation
      • The foetal malformation
      • Women with pregnancy in humanitarian settings or disaster or emergency situations

Abortion a Constitutional Right

  • Significance of MTP Act:

    • Maintain Privacy: It prohibits the disclosure of the identity and details of a woman whose pregnancy has been terminated, unless authorised by existing laws.
    • Achievement towards Sustainable Development Goals (SDGs): Supporting the implementation of the MTP Act will contribute to achieving Sustainable Development Goals (SDGs) 3.1, 3.7, and 5.6, which aim to reduce preventable maternal mortality.

Key Issues of MTP Act

  • Termination only in Certain Cases: 

    • MTP Act allows for termination of pregnancy after 24 weeks only in substantial foetal abnormalities.
      • This implies that for terminating pregnancies due to rape that have crossed the 24-week limit, there is no change in the process, the only recourse is to get permission through a Writ Petition.   
  • Lack of Uniformity: 

    • The MTP Act lays down the categories of women whose pregnancy can be terminated till 24 weeks, In pregnancies involving consensual sex, termination of pregnancy is allowed only till 20 weeks as per the Act and rules.
      • However, The Supreme Court in 2022 gave the right to all women to terminate their pregnancy under the MTP Act, 1971 within 24 weeks of pregnancy.
  • Not Inclusive: 

    • The Act does not include women suffering from financial crises or women suffering from lactational amenorrhea or menopause.
  • Absence of Time frame for Medical Board’s Decision: 

    • The Act does not provide a time frame for the Board’s decision regarding termination after 24 weeks due to foetal abnormalities..
  • Uncertainty for Transgender Persons: 

    • It only provides for termination of pregnancies in the case of women, it is unclear if transgender persons will be covered.
      • Some medical studies have shown that there may be cases where persons who identify as transgender (and not women) can become pregnant even after receiving hormone therapy to transition from female to male, and may require termination services.
  • Unavailability of Qualified Medical Professionals to terminate pregnancies: 

    • The All-India Rural Health Statistics (2018-19) there is a 75% shortage of qualified doctors that may continue to limit the access of women to safe abortion services. 

Landmark Cases associated With MTP Act

Abortion a Constitutional Right

  • Suchita Srivastava vs Chandigarh Administration (2009): 

  • High Court on its Own Motion vs State of Maharashtra (2018): 

    • It determined that forcing a woman to proceed with an undesired pregnancy infringes upon her bodily autonomy, increases her emotional distress, and adversely impacts her mental well-being due to the immediate societal, financial, and other repercussions associated with the pregnancy.
  • XYZ vs State of Maharashtra (2021): 

    • The Bombay HC allowed a 26th-week pregnant woman to abort considering her socio-economic condition and the impact of the continuation of pregnancy on her mental health.
  • X vs Principal Secretary, Health and Family Welfare, Government of NCT Delhi (2022): 

    • The Supreme Court gave the right to all women to terminate their pregnancy under the MTP Act, 1971 within 24 weeks of pregnancy.

Pro-Life vs Pro-Choice- A Case of Ethical Dilemma

  • Pro-Life or Anti-Abortion Argument: They believe that abortion is always wrong. It is based on three principles: the Human Rights Principle, the Mens Rea Principle, and the Harm Principle. 
    • The Mens Rea Principle: It states that the agent’s intentions should be given weight. Thus, abortion violates this principle because the agent intentionally kills another, and the pregnancy is terminated deliberately and knowingly. 
    • The Harm Principle: It states that abortion violates the harm principle as “no one should inflict serious harm on other people.”
    • The Human Principle: In the era of universal human rights, there can be no ‘right’ to take a human life. 
  • Pro-Choice Argument: Abortions, according to the absolutist pro-choice position, are ethically justifiable and, as a result, should be performed as long as the procedure is safe. 
    • Women Choice: The pro-choice argument states that the woman should be free to make her own decisions as an individual, and these decisions are considered self-regarding because the foetus is only a potential person, not the ‘other’ as the pro-life argument holds.
  • Experts Views: Countries and Policymakers need to consider abortion legal and required.
    • Prohibition to Abortion is not a Solution: According to experts, prohibiting or restricting abortion services does not eliminate the need for abortion. 
    • A Riskier Condition: Instead of limiting abortion rates, restricting abortion access raises the risk of unsafe procedures and creates the risk of enacting criminal laws that require people to report or be prosecuted for suspected abortions. 
      • These dangers disproportionately affect people who are poor or face systemic discrimination.

Arguments in Favour of Abortion

  • Avoiding Unsafe Abortions: Legalizing abortion helps to prevent unsafe abortions, which can pose serious risks to women’s health and may lead to fatalities.
    • According to the UN Population Fund: Close to eight women die every day in the country from causes related to unsafe abortions.
    • According to a report published by the Center for Reproductive Rights: Legal and practical barriers are a serious impediment with unsafe abortions in India accounting for  20% of all maternal deaths.
  • Bodily Autonomy: Abortion upholds a woman’s right to bodily autonomy, enabling her to make decisions about her own body and reproductive choices.
    • In Suchita Srivastava and Anr Vs Chandigarh administration (2009): The Supreme Court asserted that a woman’s right to make reproductive choices is also a dimension of ‘personal liberty’, as understood under Article 21 of the Constitution of India.
  • A Safe Access: The abnormalities are not always found up to 20 weeks, not allowing women a safe access to abortion puts her life in danger.
  • Addressing Marital Rape Victims: Abortion should be accessible for women who may have conceived due to sexual assault or marital rape, respecting their mental and physical well-being and preventing further harm.
  • For Self-Defence: Abortion is considered in relation to the “Doctrine of Double Effect”, which says that sometimes it is ethically acceptable if doing something morally good has morally bad side effect (Double effect) but it would not be permissible to cause such a harm as a means to bring about same good end.
  • Choice and Life Course Impact: Allowing abortion provides individuals with the freedom to choose their life course, preventing unwanted pregnancies from adversely affecting education, career, and mental well-being.
  • Changing Social Norms: Laws should adapt to changing social norms, acknowledging the prevalence of premarital sex, live-in relationships, and diverse family structures.

Arguments Against Abortion

  • Religious Views: In many religions, it is believed that a child is created with god’s permission and abortion would result in disobeying god’s command.
  • Against Human Rights: In the era of universal human rights, there can be no ‘right’ to take a human life. 
  • Foetal Pain: A foetus beyond 20 weeks of gestation may experience pain during abortion.
  • Psychological Impact: Some argue that young women who undergo abortion may face an increased risk of subsequent depression.
  • Reduced Adoptable Babies: Critics suggest that instead of abortion, women should consider giving unwanted babies up for adoption, as single parenthood becomes more accepted.
  • Responsibility and Morality: Argues that individuals should accept responsibility for their actions and consequences, especially when becoming pregnant.
    • Killing a foetus (an innocent human being) is morally wrong.

Way Forward to Abortion

  • Recognize Abortion as a Human Right: 

  • Address Criminalisation of Abortion: 

    • The UN recognises that the criminalization of abortion is a form of gender-based violence and may violate women’s rights to health, dignity, autonomy, and equality.
  • Promote Societal Well-being: 

    • Right of abortion is not just only about human rights but also contributes to the overall well-being of societies.
  • WHO Recommendation: 

    • Decriminalisation of Abortion: The WHO recommends that States fully decriminalise abortion and remove grounds-based regulation and gestational limits to abortion (amongst others) to ensure non-discriminatory and equal abortion care to all. 
    • Enhance the Quality of Medical Practices: The guidelines recommend clinical best practices for safely terminating a pregnancy at any gestational age. 
    • No-Evidence Requirement: The WHO considers grounds-based control and gestational limits on abortion as “medically unnecessary policy barriers”, which are not evidence based.
  • Integration of Other Stakeholders: 

    • To address the understaffed issue, AYUSH practitioners and ASHA and ANM workers could be integrated in the termination of abortion process. 

Conclusion

France’s amendment sets a welcome precedent, in which neither patriarchy nor morality gets to have a say in what is, essentially, a woman’s decision.

Also Read: Bilkis Bano Case: Rule Of Law Vs Right To Liberty

 

Prelims PYQ (2017): 

Which of the following gives ‘Global Gender Gap Index’ ranking to the countries of the world? 

(a) World Economic Forum 

(b) UN Human Rights Council 

(c) UN Women 

(d) World Health Organization

Ans: (a)

 

Mains Question: Why do some of the most prosperous regions of India have an adverse sex ratio for women? Give your arguments. (200 words, 10 Marks)

 

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