Apr 30 2024

Context:

Throughout the world, elections representing a complex blend of emotions, hopes, conflicting ideologies, and occasionally, instances of violence have a scientific underpinning.

Ancient Electoral Practices: 

  • Ancient Athens: About 2,500 years ago, the earliest form of elections in ancient Athens was a system that depended on the candidate’s luck.  Among all the suitable candidates, one was randomly chosen. 
    • Since the winning criterion was based on random choice, campaigning or influence couldn’t help the candidate.
  • Kudavolai’ System by Chola Rulers: Tenth-century Chola inscriptions at Uthiramerur in Tamil Nadu reveal the practice of choosing village representatives through a ‘Kudavolai’ system. 
    • The final choice was made by randomly picking one among the candidates the people had voted for. 

First Past the Post’ System(FPTP):

  • About: An electoral system in which voters vote for a single candidate, and the candidate with the most votes wins the election.
    • It is one of the simplest and oldest electoral systems.
  • Mechanism: Voters are presented with a list of candidates nominated by different political parties or fighting elections as independents. 
  • Voters choose one candidate by marking their ballot paper or electronic voting machine. The candidate who receives the most votes in a constituency is declared the winner.
    • The winner does not need to get a majority of the votes, but only needs the largest number of the votes.
  • Approval Voting System: The system followed in India, the U.S., the U.K., and several other countries has been called by the social choice theorists and mathematicians as the approval voting system followed by a random choice. 

Drawbacks of FPTP: 

  • Discrepancies Between Popular Vote and Seat Allocation: Critics have pointed out the disproportionate difference between the popular vote share and the seat share in many Parliaments
    • For example, in the 2015 Delhi Assembly elections, the Aam Aadmi Party received 54% of the popular vote but won 96% of the seats, whereas the Bharatiya Janata Party won 32% and 4%, respectively.
  • Challenges of Vote Share: Winners often secure far less than 50% of the vote share. No government in India, irrespective of its strength in the Lok Sabha (i.e. number of seats), has ever surpassed 50% vote share. 
    • As a means of electing candidates, this process fails to reflect the will of the people
    • Since 1918, only once, in 1931 in the U.K., did a government command more than 50%. So, by the vote-share metric, rather than parliamentary seats, India and the U.K. were always ruled by “minority” governments. 

Mathematical Analysis to Design Better Electoral Systems:

  • Condorcet Systems:  
    • About: In this, the winning candidate must achieve an absolute majority of the total number of formal votes. This means that the winner of each contest must get more than 50 percent of the total formal votes.
    • Analyzing Voter Preferences through Preference Rankings: In this, voters list candidates based on preference rankings. Subsequently, each candidate is compared against every other candidate in individual pairwise comparisons.
    • Comprehensive Algorithm for a two-stage Election Procedure: It outlines a comprehensive algorithm for a two-stage election procedure. 
      • It guarantees that the winner when competing against each of the other candidates receives more than 50% votes and is the most preferred candidate.
    • Concern Associated: While better than FPTP, the Condorcet system can be difficult to understand and isn’t used in any national election because its mechanism allows participants to prevent the election of a particular candidate.
  • Borda Systems:  
    • Rank-based voting system (RVS):  It is a RVS which allows voters to rank each candidate on the ballot paper, and through a process of vote redistribution, the winner is guaranteed to have at least 50% of the vote. 
    • Vote Redistribution Strategies: Redistribution of votes can take several forms with the prevalent method involving the accumulation of second and sometimes even third preference votes until a candidate surpasses a 50% vote share.
      • The President of India is elected with the RVS system.
    • Implementation Challenges: Like Condorcet, the original Borda method is complex and challenging to implement in large elections such as those in India.
      • In 1969, none of the 15 presidential candidates secured 50% of the first-preference votes. 
      • After adding second preference votes, V.V. Giri (who had 48% first preference votes) reached 50.8% and was declared the winner, defeating Neelam Sanjeeva Reddy. 

How can maths, physics help keep elections fair?

  • Unveiling Patterns in Electoral Processes: Analysis of election data has unveiled emerging patterns reflected in the distributions of significant factors within the electoral process. 
    • Although mathematics clarifies the chaotic nature of election processes, physics utilises this disorder to look for general patterns across electoral systems. 
  • Resilience of Patterns: Despite the apparent disorder surrounding elections, these patterns exhibit resilience and remain unaffected by finer intricacies such as geographical locations, voting paradigms, or cultural contexts. 
    • Thus, while mathematical analysis refines algorithms for the electoral process, a physics perspective assists in assessing whether these algorithms are equitably implemented in practice. 

 

Context:

According to recent analysis by the Washington Post, Chinese coast guard and militia ships have frequently surrounded and collided with Philippine resupply vessels.

More on News:

  • China’s Increased Ship Deployment: China heightened the deployment of its ships and aimed water cannons at Filipino boats during supply missions to the Sierra Madre.

What is the Sierra Madre?

  • Landing Ship: It was constructed in the US for World War II (1939-45), commissioned in 1944 as a landing ship and sent to Vietnam during the US participation in the Vietnam War (1954-75). 
    • In 1976, it was transferred to the Philippines, an ally of the US. In 1999, it was left on the Second Thomas Shoal, part of the mostly uninhabited Spratly islands. 
  • Philippines’ Strategic Moves: The Philippines, then brought this ship to the Second Thomas Shoal, a submerged reef located in the South China Sea to further its territorial claims. 
    • Since then, the Philippines has sent smaller boats to the ship for repairs, and sending supplies to the crew onboard.
  • Mischief Reef Dispute: China laid claims on the nearby Mischief Reef and has since demanded the ship’s removal which the Philippines has rejected. 
  • Challenge for Philippines: Today, the ship is largely dilapidated and rusting. However, for the Philippines, its removal would risk weakening its claims over the islands and Chinese presence being established.

Battle over Spratly Islands:

  • Overlapping Claims in the South China Sea:  Countries in the region have extended overlapping claims on the South China Sea, claiming ownership over its islands such as the Spratly Islands and the Paracel Islands. 
Exclusive Economic Zone (EEZ):

  • An EEZ is an area of the ocean extending 200 nautical miles (370 km) beyond a nation’s territorial sea (12 nautical miles or 12 miles from the coast).
  • Within this area, a coastal nation has jurisdiction over both living and nonliving resources, according to the US National Oceanic and Atmospheric Administration (NOAA).
    • Along with issues over sovereignty, the rich oil and gas reserves in the region and its rich fishing waters have also encouraged countries to lay their claims.
    • China claims nearly 90% of the South China Sea.
  • The Hague Tribunal’s Ruling: In 2016, an international tribunal in the Hague ruled in favour of the Philippines citing China’s actions in the dispute.
    •  The Tribunal declared that certain sea areas are within the EEZ of the Philippines because any possible entitlement of China does not overlap those areas”. The tribunal highlighted:
      • China’s construction of artificial islands equipped with helipads caused irreversible damage to the marine environment
      • establishing a significant artificial island within the Philippines’ EEZ
      • It had eliminated evidence of the natural state of features in the South China Sea that were part of the dispute between the parties.
    • China rejected the ruling.

US Response:

  • U.S. Support for the Philippines: US voiced its support to the Philippines which is an important strategic ally. 
  • U.S.-Philippines Mutual Defense Treaty, 1951: As per this, an armed attack in the Pacific Area on either of the Parties would be dangerous to its own peace and safety.
    • Moreover,  each party agrees that it will act to meet the common dangers in accordance with its constitutional processes.
    • In May 2023, the two countries agreed on new guidelines under the treaty.
    • US stated that the guidelines reconfirm that a military assault in the Pacific, encompassing the SCS would trigger mutual defense obligations under Articles IV and V of the 1951 U.S.-Philippines Mutual Defense Treaty.”

Additional reading: South China Sea Dispute

 

Context:

In light of the public health crisis brought by the current outbreak of H5N1 and the climate emergency, it is crucial for addressing the challenges in the poultry industry and bringing about necessary reforms, so as to cater to the One Health Principle.

The poultry industry in India: 

  • Poultry refers to domesticated birds raised for various purposes, primarily for their meat and eggs
    • Some common types of poultry include chickens, turkeys, ducks, geese, and quails. It is one of the fastest-growing agricultural sub-sectors.
  • India is currently the world’s third-largest producer of poultry meat and eggs, with an annual production of over 4.78 million tons of chicken and 129.6 billion eggs. 
    • The total poultry feed production in the country stands at 27M MT/year in 2022. 
  • Growth Rate: The poultry meat sector in India has been growing at an annual average growth rate of 8%, with egg production increasing by 7.45 % between 2014-15 to 2021-22.
    • The India poultry market size reached INR 2,099.2 Billion in 2023, exhibiting a growth rate (CAGR) of 8.9% during 2024-2032.
  • Top 5 egg producing States: Andhra Pradesh (20.13%), Tamil Nadu (15.58%), Telangana (12.77%), West Bengal (9.93%) and Karnataka (6.51%).

Challenges with regard to the poultry Industry:

  • Contaminated environments: They are a result of cramming chickens in battery cages in high densities in unsanitary conditions resulting in air quality and waste problem due to the odour, particulate matter, and other greenhouse gas emissions.
    • The Central Pollution Control Board (CPCB) has classified poultry units with more than 5,000 birds as a polluting industry requiring  compliance and regulatory consent to establish and operate.
  • Cruel Treatment: The operational activities at these industrial facilities cause unnecessary pain and suffering to the animals because of mutilation, starvation, thirst, overcrowding, and other ill-treatment.
    • Keeping animals in intensive confinement constitutes a crime under the provisions of the Prevention of Cruelty to Animals (PCA) Act, 1960.
  • Industrial Constraints: The Poultry Industry is subject to large debts, informal facilities, contract farming, requires a very specialized skill set resulting in  farmers finding themselves in huge losses and unable to exit the market.  The farmers suffer due to market volatility and the prevalent practices pushed by industry giants.
  • Use of Antibiotics: They  are regularly given to birds as a prophylactic and growth promoters to maximize production and profit. 
    • Antibiotics for preventative use: Antibiotics classified as critically important by the WHO are also widely sold to farmers and is prescribed to day-old chicks to reduce the likelihood of disease and mortality.
  • Unsanitary conditions: The unsafe and unhygienic conditions in which the farms operate have a detrimental effect on the health of animals and the welfare of the consumers too. 
    • The workers at these facilities and the people residing in the vicinity are also unduly impacted.
  • Waste generated: Poultry Industry generates waste in the form of emissions in the atmosphere (methane and CO2), effluents in the water systems, and solid wastes in the soil.  
  • Inefficient Waste Disposal Mechanism: The amount of piled-up manure (feacal matter collected periodically by local farmers for use as fertilizer) exceeds the carrying capacity of the land and becomes a pollutant.
  • Breeding ground for disease: The piles of waste becomes a breeding ground for disease vectors such as flies and mosquitoes which spread in the nearby areas spreading diseases. Residents are compelled to adopt measures such as spraying insecticides inside homes, leading to breathlessness and a nauseating smell.

Key Government Initiatives:

  • Mega Food Park Scheme: 42 mega food parks (35 approved) are being put up by Ministry of Food Processing Industries with around 1,200 developed plots (of approximately 1 acre each) with basic infrastructure, that entrepreneurs can lease for the setting up of food processing and ancillary units.
  • Infrastructure Development: Scheme for Cold Chain, Value addition and Preservation Infrastructure and  setting up/modernization of abattoirs (for Government abattoirs)
  • Entrepreneurship Development and Employment Generation (EDEG)- Poultry Venture Capital Fund under the National Livestock Mission to improve production of poultry and productivity of processing units through technology upgradation.
  • Assistance to States for Control of Animal Diseases (ASCAD):  It will have activities for vaccination against economically important diseases of livestock and backyard poultry duly prioritized by the State/UT as per the disease prevalence and losses to the farmers.
  • Fiscal Initiatives: 
    • 100% FDI permitted through automatic route in food processing sector.
    • 100% income tax exemption available to new food processing, preservation and packaging units for the first 5 years of operation, and at the rate of 25%-30% thereafter.

Opportunities in Poultry Sector: 

  • Technology upgradation: Farm Automation, modernisation of abattoirs, improved logistics channel, processing and point of sale cold storage infrastructure are the upcoming opportunities  given the changing preference of Indian consumers for clean, safe and hygienic meat.
  • New products: value added products like frozen/chilled poducts, RTC/RTE, Indian ethnic products/snacks, Egg powder plants etc.
  • New feed formulations and manufacturing
  • Hatcheries
  • New veterinary technology/services
  • Food testing labs

Path to Reform:

  • To meet The 269th Law Commission of India Report 2017 Guidelines: It laid down certain guidelines as per existing laws and international best practices for animal care, waste management, and antibiotic use, among others.
    • It contained evidence that non-therapeutic antibiotics given to poultry cause antibiotic resistance since living conditions are unhygienic.
    • It further said that with more open, cleaner, and ventilated living spaces, animals are less likely to need constant antibiotics, making their eggs and meat safer for consumption. 
  • Environmental Regulations: Strict oversight for compliance and enforcement of environmental regulations is necessary given the CPCB’s reclassification of the poultry industry as a highly polluting ‘orange category’ industry.
  • Focus on One Health & Nutrition: Consumer awareness of the nutritional benefits of poultry products  and also its antibiotic-free status needs to be heightened to secure responsibly sourced, high-quality protein. 
  • Emphasis on Biosecurity & Feed Hygiene: Biosecurity measures and feed hygiene play a pivotal role in preventing diseases, ensuring optimal growth, and ultimately safeguarding the sustainability of the poultry industry.
  • Feed Milling & Quality of Feed: The poultry industry increasingly recognizes the importance of pellet durability, optimizing throughput, minimizing energy consumption, good steam quality, proper water activity, and moisture optimization processes to improve feed quality.
What is the H5N1 virus (Bird flu)?

  • About: H5N1 is a subtype of The Highly Pathogenic Avian Influenza Virus (HPAIV) of Type A, it causes serious illness in birds resulting in deaths.
  • H5N1 viruses can circulate in humans, wild water birds, domestic poultry, swine, horses, dogs and bats and most recently found in polar bears in the Arctic and seals and seagulls in Antarctica.
  • The First case: H5N1 infection was first reported from Hong Kong in 1997, whereby it was transmitted to humans via chicken. In India, the first H5N1 patient was reported in Maharashtra in 2006. 
    • A worldwide outbreak was reported  in December 2020 and early 2021, India reported infections spread across 15 States.
  • Transmission:  It can transmit through  migratory wild birds. The main risk factor for transmission from birds to humans is direct or indirect contact with infected animals or with environments and surfaces contaminated by feces.
  • Mortality rate: The WHO has estimated the fatality rate for H5N1 in humans at 52%, based  on the 463 deaths recorded since 2003 among the 888 people diagnosed with the virus.

 

Context:

While hearing a case to decide whether the government can acquire and redistribute private property, a nine-judge Bench of the Supreme Court has chosen to address the question: does Article 31C still exist?

Article 31C:

  • About: It protects laws enacted to ensure the “material resources of the community” are distributed to serve the common good (Article 39(b)) and that wealth and the means of production are not “concentrated” to the “common detriment” (Article 39(c)).
    • As per Article 31C, these directive principles (Articles 39(b) and 39(c)) cannot be challenged by invoking the right to equality (Article 14) or the rights under Article 19 (freedom of speech, right to assemble peacefully, etc).
Article 39 of the Constitution: It lists certain directive principles of state policy, which are meant to be guiding principles for the enactment of laws, but are not directly enforceable in any court of law.
  • Introduction of Article 31C: Article 31C was introduced by the Constitution (Twenty-fifth) Amendment Act, 1971.
    • The Statement of Objects and Reasons for the amendment mentioned the “Bank Nationalization Case” (Rustom Cavasjee Cooper vs Union Of India, 1970). 
    • In this case, the Supreme Court stopped the Centre from acquiring control of 14 commercial banks by enacting The Banking Companies (Acquisition and Transfer of Undertakings) Act, 1969.
    • The court held that the ‘right to compensation’ was not appropriately ensured by the Banking Act.
  • Invalidation of Act by Supreme Court Bench: An eleven-judge Bench struck the Act down by referring to the now-repealed Article 31(2).
    • As per Article 31(2), the government could not acquire any property for public purposes under any law unless the law fixes compensation for the property, or specifies the principles on which compensation will be based.

The Journey of Article 31C:

  • Challenges to 25CAA: The 25th amendment was challenged in the Kesavananda Bharati case (1973) which held that the Constitution has a “basic structure” that cannot be altered, even by a constitutional amendment.
    • As a part of this verdict, the court struck down the last portion of Article 31C which states “no law containing a declaration that it is for giving effect to such policy shall be called in question in any court on the ground that it does not give effect to such policy”.
    • This allowed the court to scrutinize legislations enacted to advance Articles 39(b) and 39(c), assessing whether these laws genuinely aligned with the principles advocated in these provisions.
  • The Constitution (Forty-second) Amendment Act: It was enacted in 1976, which expanded the protection under Article 31C to “all or any of the principles laid down in Part IV of the Constitution”, under clause 4. 
    • As a result, every single directive principle (Articles 36-51) was protected from challenges under Articles 14 and 19 of the Constitution.
    • Reasons for the amendment stated that it was meant to give precedence to the directive principles “over those fundamental rights which have been allowed to be relied upon to frustrate socio-economic reforms for implementing the directive principles”.
  • Minerva Mills v. Union of India,1980: In this case, the SC struck down clauses 4 and 5 of the amendment. 
    • The five-judge Bench held that Parliament’s power to amend the Constitution was limited, and it could not be used to remove these limitations and grant itself “unlimited” and “absolute” powers of amendment.
  • Dilemma that needs to be resolved: Did the court’s annulment of a portion of the 25th Amendment effectively nullify Article 31C in its entirety?
    • Did it reinstate the post-Kesavananda Bharati stance where Articles 39(b) and (c) remained safeguarded?

The Ongoing Case in SC:

  • Challenge to MHADA: The court is hearing a challenge to Chapter VIII-A of the Maharashtra Housing and Area Development Act, 1976 (MHADA). 
    • This chapter, introduced by an amendment in 1986, allows the government to acquire “cessed” properties(old, dilapidated buildings)in Mumbai at the request of the occupants, citing the obligation under Article 39(b).
    • Occupants of cessed properties that house poor tenants despite becoming increasingly unsafe are required to pay a cess to the Mumbai Building Repair and Reconstruction Board which oversees repair and restoration projects.
  • Challenge to 1986 Amendment: In 1991, the Property Owners’ Association in Mumbai challenged the 1986 amendment at the Bombay High Court. 
    • However, the Bombay High Court upheld the amendment, citing the protection granted by Article 31C to laws enacted in furtherance of Article 39(b).
    • This decision was appealed at the SC in December 1992, where the question eventually became whether “material resources of the community” under Article 39(b) included private resources such as cessed properties.

Various Arguments in SC:

  • Status of the Original Article 31C after the 42nd Amendment: It has been argued that the original version of Article 31C was ‘substituted’ with the expanded version provided in the 42nd Amendment
  • This means the older version ceased to exist once the Amendment came into force. Therefore, when this new Article 31C was struck down in Minerva Mills, the older provision would not automatically be revived.
  • Application of the Doctrine of Revival:  The doctrine of revival must apply in this case, and the post-Kesavananda Bharati position on Article 31C must be restored. 
    • To explain the doctrine and justify its application, observations in the case where the court struck down the Constitution (Ninety-ninth) Amendment Act have been relied upon.
    • The old collegium system for judge appointments would be revived once the 99th amendment was struck down.
    • 99th Amendment introduced the National Judicial Appointments Commission.
  • Automatic Revival of Pre-Amendment Provisions: If the process of substitution and insertion through a constitutional amendment is deemed invalid, the provisions existing before the amendment automatically resurface and regain validity. 
    • This inference stands as a reasonable conclusion.

 

Context:

Energy ministers from the Group of Seven (G7) countries reached a deal to shut down their coal-fired power plants by 2035 in a significant step towards the transition away from fossil fuels.

  • The accord will be included in the G7 energy ministers’ final communique.

More on News:

  • Emissions by G7 Nations: Combined, the seven economic superpowers accounted for 21% of global power sector emissions in 2022. 
    • While coal represents a very small proportion of the energy mix of France, Italy, Canada and the UK, Germany, the US, and Japan still rely on the planet-warming fuel for 27%, 19%, and 34% of their total energy, respectively.
  • Significance of Agreement: The agreement marks a significant step towards the transition away from fossil fuels, of which coal is the most polluting.
    • It will help accelerate the shift of investments from coal to clean technology. 

About Group of Seven (G7):

  • The G7 is an informal grouping of seven of the world’s advanced economies, including Canada, France, Germany, Italy, Japan, the United Kingdom, the United States, and the European Union.
  • The G7 does not have a formal charter or a secretariat. 
  • G7 Presidency: It rotates among member countries each year, and is in charge of setting the agenda.

Significance of G7 for India:

  • Alignment of India’s Foreign Policy Goals: India’s foreign policy goals align with the G7’s commitment to global peace and security, enabling cooperative efforts in conflict prevention and resolution.
  • Strategic Alliances: Strategic alliances with G7 countries are essential for addressing challenges in the Indo-Pacific region. It may help in containing China’s influence in the region.
  • Economic Cooperation: It provides India a platform for economic cooperation with some of the most advanced economies in the world creating opportunities for trade, investment, and technological cooperation.
  • Addressing Global Challenges: It provides India with a platform to discuss carious international issues like climate change, terrorism, technology, etc contributing to collective solutions.

 

Context:

Recently, there’s been a notable rise in the rejection of Indian spice shipments in various countries.

More on the news:

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  • Everest Food Products Pvt Ltd: Increased Rejections
    • In the past six months, about one-third of Mahashian Di Hatti (MDH) Pvt Ltd’s spice shipments to the US were turned away due to salmonella contamination.
    • Additionally, Singapore and Hong Kong have suspended the sale of several products from both MDH and Everest Food Products Pvt Ltd due to alleged detection of a cancer-causing pesticide (ethylene oxide) in their products.
      • The International Agency for Research on Cancer (IARC) classifies the ethylene oxide (chemical) as a Group 1 carcinogen.

About Salmonella:

  • Salmonella is a type of bacteria.
  • It can make people sick, causing diarrheal illness.
  • Intestinal tract: It mainly affects the stomach and intestines.
    • People usually get salmonella infections from eating food that has the bacteria on it, like undercooked or contaminated food, or drinking water that’s contaminated.
  • Transmission: Salmonella is highly contagious and can spread in various ways: 
    • From person-to-food-to-person, 
    • From animals to people directly or through food, 
    • From person-to-person.
  • Symptoms of Salmonella Infection
    • According to the US Centers for Disease Control and Prevention (CDC), The symptoms of a salmonella infection include 
      • Diarrhea
      • stomach cramps
      • Fever
      • Nausea 
      • sometimes vomiting

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Spices Market in India

  • India is recognised as the largest producer of spices worldwide. 
  • It produces 75 varieties out of 109 varieties, listed by  the International Organization for Standardization (ISO). 
  • Major exported spices are
    • pepper, cardamom, chilli, ginger, turmeric, coriander, cumin, celery, fennel, fenugreek, garlic, nutmeg & mace, curry powder, spice oils and oleoresins. 
    • Statistics for 2023 and 2024
      • In 2023, India’s exports for spices were around US$ 3.73 billion.
      • In 2023- 2024 (till feb), India’s exports for spices were around US$ 3.67 billion.
  • 306 6630f210081acLargest spices producing states in India 
    • Madhya Pradesh, Rajasthan, Gujarat, Andhra Pradesh, Telangana, Karnataka.
    • Maharashtra, Assam, Orissa, Uttar Pradesh, West Bengal, Tamil Nadu and Kerala.

Reason for Salmonella being dangerous 

Salmonella is dangerous for several reasons:

  • Serious illness: It can cause serious illness in vulnerable groups like children, elderly, pregnant women, and people with weakened immune systems. 
    • These groups may require hospitalization and additional treatment.
      • In summer, Such infections are more common than in the winter.
        • Though most healthy adults recover without needing medical attention:
  • Antibiotic-resistant: Certain strains of salmonella are becoming antibiotic-resistant, making them harder to treat with traditional medication. 
    • This can lead to serious complications.

Government Initiatives: Spices Production

  • Export development and promotion of spices: This initiative was taken by the spices board of India. 
    • This initiative promotes spices of indian brand, setup infrastructure in spice growing centres. 
    • Objective: To support exporters to use advanced technology
      • Upgradation of existing technology for the growth of the industry
  • Setting up of spices parks: The board started establishing  eight crop-specific Spices Parks in key production areas and market hubs. 
    • Objective: This initiative intends to help farmers in getting better prices and wide market access for their crops. 
      • Apart from the above, it aims to create a comprehensive system for spice cultivation, post harvesting, processing, value edition, and storage of spices. 

Additional Reading: foodsafetymantra

 

Context :

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Recently, UK pharmaceutical giant AstraZeneca has acknowledged that its Covid-19 vaccine can lead to a rare side effect known as Thrombosis with Thrombocytopenia Syndrome (TTS).

More on News : 

  • The acknowledgement by AstraZeneca, in collaboration with the University of Oxford, comes amidst a lawsuit alleging severe harm and deaths caused by the vaccine. 
    • Kate, wife of a victim, demands an apology and fair compensation after a three-year struggle. 
    • The lawsuit, involving fifty-one cases, seeks around £100 million in compensation.
  • In 2023, the World Health Organization (WHO) reported that Thrombosis with Thrombocytopenia Syndrome (TTS) emerged as a new adverse event following immunization in individuals vaccinated with COVID-19 non-replicant adenovirus vector-based vaccines. 
    • This includes the AstraZeneca COVID-19 ChAdOx-1 vaccine and the Johnson & Johnson (J&J) Janssen COVID-19 Ad26.COV2-S vaccines.

What is TTS (Thrombosis with Thrombocytopenia Syndrome)? 

  • Thrombosis with Thrombocytopenia Syndrome (TTS) is an extremely rare condition characterized by the formation of blood clots (thrombosis) and low platelet counts (thrombocytopenia)
  • It is also known as vaccine-induced immune thrombotic thrombocytopenia (VITT).
  • Thrombosis occurs when a blood clot forms in a blood vessel, which can impede blood flow. 
  • Thrombocytopenia is a condition where there is a low count of platelets in the blood
    • Platelets play a crucial role in clotting, which helps prevent excessive bleeding. 
Vaccine Developed By AstraZeneca

About Covidshield : 

  • Covishield  is not based on the mRNA platform but rather on the viral vector platform which utilizes a modified chimpanzee adenovirus, ChAdOx1, to deliver the COVID-19 spike protein into human cells
  • While this cold virus cannot infect the recipient, it can effectively instruct the immune system to prepare defenses against similar viruses.
  • TTS is classified into 2 tiers by the CDC. 
    • Tier 1 :  
      • Rare blood clots, like in the brain or gut, sometimes alongside more typical ones in the legs or lungs. 
      • Low platelet count (below 150,000 per microliter). 
      • Tier 1 cases are usually more severe and riskier. 
      • This is more common in younger people. 
    • Tier 2 : 
      •  Common blood clots, like in the legs or lungs. 
      • Low platelet count (below 150,000 per microliter). A positive anti-PF4 ELISA test is necessary for diagnosis.

Symptoms of TTS : It may include :

  • Severe or persistent headaches,
  • Blurred vision, 
  • Shortness of breath
  • Chest pain, 
  • Leg swelling, 
  • Persistent abdominal pain
  • confusion or seizure,
  • Easy bruising or tiny blood spots under the skin beyond the injection site.

What is the link between TTS and the Covid vaccine? 

  • The link between TTS and the AstraZeneca Covid-19 vaccine was discovered after the vaccine’s rollout. Researchers found a connection between the vaccine and VITT. 
    • VITT is a subset of TTS, a distinction that AstraZeneca does not appear to acknowledge.

Additional Reading : Mission Covid Suraksha

 

Context:

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Thousands of devotees descended on the Vaigai riverbed in Madurai to witness the annual ritual of Lord Kallazhagar entering the river as part of the Chithirai festival.

Chithirai Festival:

  • About: The Chithirai Festival in Madurai celebrates the celestial union of Lord Sunderswarar (Lord Shiva) and Goddess Meenakshi, considered to be Lord Vishnu’s sister. 
    • The festival also known as Chithirai Thiruvizha, Meenakshi Thirukalyanam or Meenakshi Kalyanam falls at the beginning of April or the Tamil month Chithirai. 
Vaigai River:

  • Source: Rises in the Varushanad Hills of western Tamil Nadu.
  • River Course:  It initially flows northeast through the Kambam and Varushanad valleys, flows into Palk Strait, which separates the southeastern coast of India from Sri Lanka. 
  • Tributaries: Siruliar, Theniar, Varaha Nadi, and Mangalar

Kolattam Dance:

  • It is a folk art performed in the Tamil Nadu state of India.  It is also called Kolannalu or Kolkolannalu
  • Kolaattam is performed only by women.
  • Owing to the usage of sticks, this dance is also called “stick dance”.
  • Commencement: The festival commences by hoisting a flag (Kodi Yetram) at Meenakshi Sundareswarar Temple. The ‘kodimaram’ (flag pole) on which the flag is hoisted is decorated with beautiful flowers.
    • Lord Kallazhagar is considered to be Goddess Meenakshi’s brother, an incarnation of Lord Vishnu.
    • The last days of the festivals are celebrated in Kallazhagar temple, in the Alagar Hills in Madurai. 
  • Festival Celebration: During the procession, traditional Tamil dance forms like Kolattam are performed.  
    • It is a 15-day celebration that sees a union of the two Hindu sects, Shaivites and Vaishnavites, the devotees of Shiva and Vishnu respectively.

Meenakshi Temple of Madurai:

  • Location: Arulmigu Meenakshi Sundareswarar Temple is a historic Hindu temple located on the southern bank of the Vaigai River, Madurai in Tamil Nadu.
  • Presiding deity: The temple is dedicated to goddess Meenakshi, a form of Shakti/Parvati  and her consort Shiva in the form of Sundareshwarar.

Additional Reading: Meenakshi Temple

 

Context:

Recently, ‘Ammunition Cum Torpedo Cum Missile Barge, LSAM 20 (Yard 130)’,  6th Barge of 11x ACTCM Barge Project has been launched.

More on News:  

  • The contract for building 11 x ACTCM Barge was signed between MoD and M/s Suryadipta Projects Pvt Ltd, Thane in March, 2021. 

About Ammunition Cum Torpedo Cum Missile Barge, LSAM 20 (Yard 130):

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  • Built by: MSME Shipyard, M/s Suryadipta Projects Pvt Ltd, Thane for Indian Navy (IN). 
    • Indigenously Designed: These Barges are indigenously designed and built under relevant Naval Rules and Regulation of Indian Register of Shipping. 
  • Testing: The model testing of the Barge during the design stage was undertaken at the Naval Science and Technological Laboratory, Visakhapatnam.
  • Significance: It would provide momentum to operational commitments of IN by facilitating Transportation, Embarkation and Disembarkation of articles/ammunition to IN Ships both alongside jetties and at outer harbors.
    • These Barges are proud flag bearers of Make in India initiative of Government of India (GoI) and add another milestone to the Atma Nirbhar Bharat.
About Indian Register of Shipping (IRS):

  • Establishment: IRS is a not for profit entity that was founded in 1975.
  • Represents: IRS is a member of the International Association of Classification Societies (IACS), which represents classification societies worldwide.
  • Task: IRS is an international ship classification society providing ship classification and certification as well as technical inspection services.

About IRClass Systems and Solutions Pvt Ltd. (ISSPL):

  • Set Up: ISSPL is an entity promoted by the IRS and was set up in 2014.
  • Mandate: The two companies, IRS and ISSPL, form the brand IRCLASS, which provides survey, inspection, and certification services to the maritime and industrial sectors.
    • IRCLASS is committed to promoting safe and environmentally friendly engineering practices through its services to the business community.
  • Significance: IRClass is continually paving the way for progress – setting standards for safety, environment protection and tackling issues affecting the maritime industry. 
    • IRClass provides complete solutions for requirements and is committed to be ‘Partner in Maritime Risk Management’.

 

Context:

Recently, the Vice-President of India underlined the need for reforms in the Indian Arbitration system.

More on News:  

  • In February 2024, an expert committee headed by former law secretary T K Vishwanathan submitted its report on reforms in the arbitration sector to the law ministry.
    • In March 2021, the government set up this expert panel to recommend reforms in the Arbitration and Conciliation Act, 1996.
  • Last year, the former Chief Justice of India, NV Ramana, highlighted the significance of a robust arbitration system to India’s economy. 
  • Recently, the President of the International Court of Arbitration, emphasized on the evolving arbitration landscape and how it facilitated better business.
  • Lex Mercatoria, or the Law Merchant: It refers to the customary rules and procedures developed within merchant communities to support trade in medieval Europe, without the assistance of the government, although this system has had many names through its evolution.
  • The UNCITRAL Arbitration Rules: These were adopted by the General Assembly of the United Nations in 1976 after extensive deliberations and consultations with various interested international organizations and leading arbitration experts conducted under the auspices of the United Nations Commission on International Trade Law (UNCITRAL). 

About Arbitration in India:

  • Refers: Arbitration is a form of dispute resolution. If two or more parties have a dispute, which they cannot resolve themselves, instead of going to court, they might appoint a third person as an arbitrator to resolve the dispute for them. 
    • They might appoint a panel of arbitrators to act as an arbitral tribunal.
  • Evolution: India’s arbitration landscape has evolved through the era of panchayat systems to ones driven by principles of Lex Mercatoria and the UNCITRAL arbitration laws. Further, amendments to India’s arbitration laws enabled businesses to some extent.
    • 1899: The first Arbitration Act in India was enforced in 1899. 
    • 1996: Arbitration in India is regulated by the Arbitration and Conciliation Act, 1996.
      • This Act draws inspiration from the 1985 UNCITRAL Model Law on International Commercial Arbitration and the UNCITRAL Arbitration Rules 1976.
      • It is the primary legislation governing arbitration and conciliation in India. 
      • It aims to provide an effective and efficient dispute resolution mechanism outside the traditional court system.
      • The judgements and amendments in the Principal Act of 1996 have clearly expressed the lawmaker’s intention to progress India as an arbitration-friendly regime.
    • 2015: The Arbitration and Conciliation (Amendment) Act, 2015 was enacted to enhance the arbitration process in India.
      • Included Objectives: Expediting contract enforcement, facilitating the recovery of monetary claims, reducing court case pendency, and accelerating dispute resolution through arbitration.
    • 2019: New Delhi International Arbitration Centre (NDIAC) was established in 2019 under the provisions of the NDIAC Act, 2019.
      • Aim: To improve the management of arbitration in India by promoting institutional arbitration, provide state-of-the-art infrastructure for arbitration proceedings.
    • 2021: The recent addition to the pro-arbitration outlook is the Arbitration & Conciliation (Amendment) Act 2021. 
      • This is the third amendment to the Act of 1996 and shows the legislative intent to reform the Arbitration Act of 1996, making India an arbitration-friendly regime.
  • Applicable: Arbitration happens in a wide range of settings, both domestic and international, from family law and rent reviews, through commodity trades and shipping, to international commercial contracts and investor claims against states. 
  • Validity: Any form of arbitration irrespective of its nature has been recognised statutorily in India by bringing such arbitration under the ambit of the Arbitration and Conciliation Act, 1996. 
  • Working: It consists of a simplified trial, with simplified rules of evidence and with no discovery. 
    • Arbitration hearings are usually not a matter of public record. 
    • Arbitrator renders a binding award on parties just like a court decree or order. 
  • Types of Arbitration in India: There are two types of arbitration in India- Ad-hoc arbitration and Institutional arbitration.
    • Ad-hoc Arbitration: Here, a tribunal conducts arbitration using either pre-agreed rules or tribunal-laid rules, in the absence of any agreement between the parties.
    • Institutional Arbitration: It refers to the administration of arbitration by an institution in accordance with its rules of procedure.
  • Contemporary Indian Landscape:
    • Shift in Mindset among Corporates: Earlier corporates considered arbitration as a costly and complex process lacking co-operation, which now has been changed. 
    • Understanding on Arbitration: Arbitration is now an opportunity for India to fuel its economic ascent. 
      • In both above mentioned cases, arbitration implies several benefits, although the case may not always be desirable in the manner that it should.
  • Significance: Arbitration certainly offers flexibility in terms of the selection of arbitrators, the location of proceedings, and the rules governing the process. 

Need for Arbitration

  • High Pendency of Cases: Indian judiciary currently has approximately 3 crore pending cases, with many more increasing day by day. This overburden cases on the judiciary highlights an urgent need felt for the establishment of a system to address the disputes outside the judiciary.
  • Right to Timely Justice: It is an implicit part of the fundamental Right to Life and Liberty. Justice delayed is justice denied and it needs to be rectified with the strengthening of the arbitration system.
  • Internalizing the Culture: The arbitration system plays a crucial role in internalizing the culture of conciliation and mediation among the people.
  • People-Friendly: The arbitration system is not as technical as the judicial system and suits the common people’s needs for simplicity of laws. 

Difference between Arbitration & Litigation:

Dispute Mechanism Arbitration Litigation
Definition It is the out-of-court resolution of a disagreement between two commercial parties decided by an impartial third party, the arbitrator. It is a centuries-old resolution method: it’s in a courtroom, in front of a judge, and possibly a jury. 

  • If one of the parties is unwilling to go to arbitration, or if it has not been written into the contract, litigation is the solution. 
Speed to Resolution Months; as soon as an arbitrator is selected.  Years; dependent on discovery and court schedule.
Cost Comparatively moderate: location fees, arbitrator’s fees, attorneys’ fees. Expensive: court costs and extensive attorneys’ fees.
Privacy Between the two parties In a public courtroom
Atmosphere Comparatively cooperative Antagonistic
Recourse Decisions are binding Open to levels of appellate review

About Arbitration And Conciliation (Amendment) Act, 2021:

  • Brought Changes: The amendment has two primary changes in the Act. 
    • To enable automatic stay on awards in certain cases where the court has prima facie evidence that the contract on which award is based was affected by ‘fraud’ and ‘corruption’. 
    • Omission of the Eighth Schedule from the principal Act, which specifies the regulations, qualifications, experience, and norms for accreditation of arbitrators. 
About Alternate Dispute Resolution (ADR): 

  • It refers to means by which disputes are settled outside the traditional court system.  
  • In India, modes of ADR include arbitration, negotiation, mediation, and Lok Adalats.
    • Arbitration: It is a procedure in which one or more arbitrators are selected mutually by both the parties to whom the dispute is submitted. Their decision is final and binding. 
    • Negotiation: Through direct or indirect communication the parties with conflicting views discuss the form of action to agree to resolve the dispute amicably. 
    • Conciliation: In it,  a neutral third party, known as the conciliator, assists parties in resolving their dispute through communication, negotiation, and problem-solving techniques.
    • Lok Adalat: It is one of the most effective methods of ADR as this involves voluntary actions of parties for solving disputes.

ICC-International Court of Arbitration:

  • The International Court of Arbitration is an institution for the resolution of international commercial disputes.
  • It is part of the International Chamber of Commerce (ICC).
    • It is the world’s largest business organization working to promote international trade and responsible business conduct.
  • It has been helping to resolve difficulties in international commercial and business disputes to support trade and investment since 1923.
  • It performs an essential role by providing individuals, businesses and governments alike with a variety of customisable services for every stage of their dispute.

About International Centre for Alternative Dispute Resolution (ICADR):

  • Establishment: ICADR was founded in 1995 to promote and develop alternative dispute resolution (ADR) facilities and techniques.
  • Aim: To focus on facilitating early dispute resolution and reducing the backlog of cases in the courts.

About Arbitration Council of India (ACI):

  • Arbitration and Conciliation (Amendment) Act 2019 seeks to insert a new Part to the Act of 1996 for the establishment and incorporation of an independent body namely, the Arbitration Council of India (ACI) for the purpose of grading of arbitral institutions and accreditation of arbitrators, etc.
  • Composition: The ACI will consist of a Chairperson who is either a Judge of the Supreme Court or a Judge of a High Court or Chief Justice of a High Court or an eminent person with expert knowledge in the conduct of the arbitration.
    • Other members will include an eminent arbitration practitioner, an academician with experience in arbitration, and government appointees.
  • Functions:
    • Framing policies for grading arbitral institutions and accrediting arbitrators and for the establishment, operation and maintenance of uniform professional standards for all alternate dispute redressal matters
    • Maintaining a depository of arbitral awards (judgments) made in India and abroad.

Challenges with Arbitration And Conciliation (Amendment) Act, 2021:

  • Uses of Broad & Ambiguous Terms: The Amendment of section 36 uses terms like fraud and corruption without an exhaustive list or clarification of what would constitute fraud and corrupt practices. Also, in an amendment of section 43J, the term “regulated” is undefined. 
    • Therefore, parties who want to delay the award enforcement can exploit this section, pushing cases back to an orthodox litigation system.
  • On Evidences: It is also unclear what threshold the courts will look for the prima facie evidence needed for fraud and corruption. 
    • Furthermore, there is no clarity on whether contracts agreements affected by fraud or corruption are a matter of fact and ought to be debated by the parties in the arbitral proceedings.
  • Automatic & Unconditional Stay: As per experts, an unconditional stay amounts to a blanket stay, which will hurdle India’s efforts towards a pro-arbitration regime. The amendment on automatic stay of awards is more like a double-edged sword with equal potential to stretch matters and create hurdles in enforcing arbitral awards.
    • This is primarily because it becomes easy for losing parties to allege corruption and automatic stay on the arbitral award’s enforcement.
    • This may defeat the very purpose of the alternate dispute mechanism by drawing parties to courts and making it prone to litigation. 
    • This amendment’s retrospective effect might also open up a floodgate of litigation cases and overburden the courts.
  • Delay & Pendency: In cases where an application under Section 36(2) of the Act is pending adjudication before a court, the applicants will now have to make renewed applications based on the grounds listed in the new amendment. 
    • This is likely to involve delays and increased costs unless the courts.
    • This amendment will affect enforcement of awards, and India might further slip in ease of doing business reports. This amendment takes a regressive step and does not help India’s aim of a pro-arbitration regime.
    • India aims to become a hub of domestic and international arbitration. Through the implementation of these legislative changes, resolution of commercial disputes could take longer duration now onwards.
  • On Ability & Qualifications: Earlier Schedule Eighth qualifications and the general norms were very broad. This section, among other things, limited the ability of qualified foreign lawyers from acting as arbitrators in India. This was seen as a significant hurdle when compared to arbitration-friendly states like France.
    • The 2021 Amendment act has substituted Section 43J of the Act and deleted the Schedule Eighth of the primary Act. This effectively means that parties are free to appoint arbitrators regardless of their qualifications. 
The Schedule Eighth: 

  • It had a minimum requirement of persons with an educational qualification at degree level with ten years of experience in scientific or technical streams. 
  • Other than the professional qualifications, it also provided general norms that would apply to an arbitrator for accreditation like fairness, integrity, being impartial and neutral and so on.
  • On Enforcement of Agreements: India already lags behind when it comes to the enforcement of international contracts and agreements. 
    • This lagging can further impact the spirit of Make in India campaign and deteriorate rankings in Ease of Doing Business Index.

Way Forward:

  • Clear Language: To overcome the challenge of automatic stay of awards, the lawmakers should be precise in their language of drafting and promote consultation processes by industry experts. 
  • Addressal to Ambiguities & Challenges: Need to address certain ambiguities exploited by losing parties when challenging awards. 
    • Addressal of the concerns related to delays, confidentiality, discrimination on the ground of sex, and the appointment, independence, immunity and disclosures of arbitrators would encourage more parties to opt for arbitration and contribute to the development of a robust and effective alternative dispute resolution framework in India.
  • Encouragement to Settlements: Permitting an arbitral tribunal to use different Alternative Disputes Resolution mechanisms during the arbitral proceedings to encourage settlement of disputes may prove to be more effective but is rarely exercised in India.
  • Collaborative Approach: Need for industry, legal fraternity and all other stakeholders in arbitration dispute resolution to work in unison to ensure the same is in the country and as per India’s legal regime. 
    • Need to emphasize the collective efforts of the judiciary, the executive, and the legislature in fostering an environment of hope, progress, and global recognition. 
  • Effective Technological Use: Need to address the impact of disruptive technologies on arbitration as a dispute resolution mechanism. 
    • There is a need for adaptability to ensure effective and timely resolution amidst technological advancements.
  • Balanced Approach: It should be adopted while accounting for both the stakeholder interests and the objective to make India a global hub of arbitration.
  • A Pro-arbitration Approach: It should be adopted while keeping in mind the ground realities of the Indian legal system so as to ensure that the reforms are effective. 
  • Increase Institutional Involvement: Steps must be taken to increase institutional involvement and reduce court intervention.
  • Learning from Others: Some of the key features of the world’s leading arbitral seats ought to be considered, with due consideration of whether they are suitable or not for India.
  • Appointments: Arbitrator appointments should be done by institutions. The amendments to Section 11 by the Arbitration and Conciliation (Amendment) Act, 2019 should be notified.
  • Statutory Recognition: Interim orders arising out of emergency arbitrations should be given statutory recognition by bringing necessary amendments.
    • If a minority opinion is made available within fifteen days of the receipt of the decision of the majority, it shall be appended to the award.
  • Ensure the Confidentiality: A provision should be inserted to ensure that confidentiality of arbitration is protected even in arbitration-related court proceedings.
  • Allow Permission: A provision should be inserted to recognize/permit third-party funding in international commercial arbitrations seated in India.
    • A provision should be inserted to enforce interim and emergency orders passed in foreign-seated arbitrations under Part II of the 1996 Act.
    • A provision should be inserted in Part II of the 1996 Act to clarify that Indian parties can choose a foreign seat. 
      • It may be discussed if some reasonable or significant foreign nexus in the contract should be required for Indian parties to choose a foreign seat.
  • Made Mandatory Provisions: Parties should not be allowed to circumvent mandatory obligations to attempt amicable settlement by treating them as merely a formality.
    • The position that enforcement of foreign awards is not subject to payment of stamp duty, should be codified.

Conclusion:

Arbitration may appear slow, but it is turning into an effective tool to resolve commercial disputes amicably in India. The changing landscape of arbitration in India is in line with what is required and desired. There is a need to work upon the arising concerns to make full use of India’s potential to become a global hub of arbitration.

Read More About Alternative Dispute Resolution

 

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Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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