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May 03 2024

Context

A complaint alleging sexual harassment has been lodged against West Bengal Governor. However, Constitutional immunity prevents the police from identifying the Governor as a suspect or conducting an investigation into the matter.

Article 361: Immunity for Governor from Prosecution While in Office

Constitutional Immunity: Under Article 361, the Constitution establishes a total prohibition on prosecuting the Governor. The police can take action only after the Governor ceases to be in office, which is when either the Governor resigns or he no longer enjoys the confidence of the President.

Article 361 of the Constitution

It states that the President and the Governors shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done by him in the exercise and performance of those powers and duties.

  • No criminal proceedings shall be initiated or continued against the President, or the Governor of a State, in any court during the term of his office. 
  • No process for the arrest or imprisonment of the President, or the Governor of a State, shall be issued from any court during his term of office.

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Judicial Pronouncements Related to Constitutional Immunity

  • Rameshwar Prasad v Union of India, 2006:  In this case, the Supreme Court outlined the immunity enjoyed by the Governor even on allegations of personal malafides.
    • He is not answerable to any Court for the exercise and performance of his official duties.
    • The ruling is not for criminal complaints but for exercising discretionary constitutional powers.

Instance When Criminal Proceedings were Suspended Till a Governor Completed Term in Office

  • Demolition of the Babri Masjid Case: In 2017, the Supreme Court allowed fresh charges of criminal conspiracy against UP Chief Minister Kalyan Singh in the 1992 demolition of the Babri Masjid. 
    • However, the trial did not take place since he was then the Governor of Rajasthan.
  • Ruling by Court: The court held that, being the Governor of Rajasthan, he is entitled to immunity under Article 361 of the Constitution as long as he remains Governor of Rajasthan. 
    • The Court of Sessions will frame charges and move against him as soon as he ceases to be Governor.
Also Read: Governors In India’s State Governments

 

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Context

The Supreme Court is currently deliberating whether the compensation amount in cases of domestic violence should be based on the severity of harm endured by the victim or the financial capacity of the perpetrator. 

Petitioner Appeals Supreme Court Over Bombay High Court’s DV Act Judgment

  • Petitioner’s Appeal: The petitioner appealed to the apex court regarding judgments made by the Bombay High Court and the trial court.
    • They instructed him to provide Rs 3 crore to his wife under Section 22 of The Protection of Women from Domestic Violence Act, 2005 (DV Act).

Argument of Petitioner:

The compensation should be tied to the damages, injuries, including mental anguish and emotional suffering resulting from the actions of the spouse.

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Domestic Violence Act 2005

To  Provide for effective protection of the rights of women who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto”.

  • Definition of Domestic Violence: Any act that “harms or injures or endangers the health, safety, of the aggrieved person and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse”, constitutes domestic violence.
    • Domestic ViolenceHarassing, harming, injuring or endangering the aggrieved person to meet any unlawful demand for any dowry or other property or valuable security” also amounts to domestic violence.
  • Definition of Aggrieved Person: Any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent”.
  • Compensation, Relief under the Domestic Violence Act:
    • Section 22 (Compensation orders):  In addition to other reliefs, a “Magistrate may pass an order directing the respondent to pay compensation and damages for the injuries.
      • This includes mental torture and emotional distress, caused by the acts of domestic violence committed by that respondent”.
    • Section 12: It allows an aggrieved person or anyone on their behalf to apply to a Magistrate for one or more reliefs under the Act.
      • This includes “a relief for issuance of an order for payment of compensation to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent”.
    • Section 20(Monetary Reliefs): It empowers the magistrate, when adjudicating an application for relief under Section 12, to order the respondent to provide financial assistance to cover the expenses and losses incurred by the aggrieved person and any children. 
      • This relief should be deemed appropriate, equitable, and commensurate with the standard of living to which the aggrieved person is accustomed.

Deciding Compensation

  • Chaturbhuj vs. Sita Bai, 2008: The Delhi High Court held that the object of maintenance proceedings is not to punish a person for his past neglect.
    • It aims to prevent the destitution of a deserted wife by providing her food, clothing, and shelter through a speedy remedy.
  • Kalyan Dey Chowdhury vs. Rita Dey Chowdhury Nee Nandy: The SC ruled that the “amount of permanent alimony awarded to the wife must be befitting the status of the parties and the capacity of the spouse to pay maintenance”
    • The court relied on its 1970 ruling in Dr. Kulbhushan Kumar vs. Raj Kumari, where it held that 25% of the husband’s net salary would be just and proper to be awarded as maintenance to the respondent-wife.
  • Legal Knowledge Gap: Since, maintenance and compensation are governed by different sections of the Act, “there exists a big gap of legal knowledge in the computation of damages”. 
    • Due to the absence of clear precedents, “propositions of law from maintenance cases” are often borrowed and applied to DV cases.
  • Discretionary Determination of Maintenance:  Damages are usually computed based on injuries suffered by the victim, as well as the financial status of the parties.
    • The court has the discretionary power to decide this value on goes case by case basis taking into account the victim and the husband’s status, and the kind of violence inflicted.
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Context

India being a major economy is now more than ever required to investigate the potentially abusive licensing practices of technology companies that own  Standard Essential Patents (SEPs)

  • The European Parliament has already enacted one such set of measures to regulate SEPs.
  • The Delhi High Court has delivered a judgment recently on  one of the early lawsuits filed by Ericsson against Lava International.

About Standard Essential Patents

Standard Essential Patents are patents that protects technology that has been declared essential for the implementation of a technical standard adopted by a standard developing organisation (SDO). They are patents that cover technologies which are adopted by the industry as standards.

  • Usage: 
    • Standard Essential Patents are widely used in the telecommunications sector given its highly standardized nature and driven by the requirement for interoperability between communication devices. 
      • Example: Such standards include technology standards such as 5G and WiFi, audio and video compression and decompression (e.g., MPEG, HEVC), technologies for data storage and exchange (e.g., CD and DVD), photo formats (JPEG), and home audio and video interoperability (HAVi)
    • Other industries: like consumer electronics, the automotive industry, and the electricity grid industry, such communication standards are also essential for the growth of the hyperconnected society.
  • Who sets these standards?
    • The process of setting standards in the technology sector is handled by Standard Setting Organisations (SSOs).
      • Standard-setting organizations (SSOs) are either governmental, quasi governmental or a private body of independently governed industry associations. 
      • SSOs set, develop, coordinate, interpret, and maintain standards. Industry participants can collaborate on a single technical solution because of such standards.

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Fair, Reasonable, and Non-Discriminatory (FRAND) terms:

  • It is a foundational principle to be adhered to in the standards development process
  • A voluntary commitment: FRAND commitment is a voluntary agreement between the patent holder and the standards development organization regarding the licensing conditions for essential technologies.
    • Companies that participate in the standard development may commit to offer a license on FRAND terms to patents that are or may become essential to a standard.
  • Application: It is applied  in relation to technical standards that are developed through an open, consensus-based, and industry-led standardization process and also in the context of telecom regulation, antitrust and  more recently, in relation to regulation of digital platforms.
  • Competition concerns and FRAND terms: Licensing of Standard Essential Patents (SEPs) on Fair, Reasonable, and Non-Discriminatory (FRAND) terms is a foundation of the standards development process
    • Objective: To promote the application of the standard and avoid any competition concerns so that the benefit of such a patent is reaped by the market at large and prevent the patent holder of such Standard Essential Patents from abusing their dominant position.Reduce risk of Patent Holdup: Adoption of the FRAND terms is an obligation put up by the SSOs before acknowledging particular technology as a SEP. 

Judicial Approach Regarding Standard Essential Patents in India 

  • Micromax Informatics Ltd v Telefonaktiebolaget LM Ericsson 2013:
The Competition Commission of India

  • It  is the chief national competition regulator in India and is a statutory body responsible for enforcing the Competition Act, 2002 
  • Nodal Ministry: Ministry of Corporate Affairs
  • Organs: Competition Commission of India and the Competition Appellate Tribunal have been established. 
  • Membership: The Competition Commission of India is now fully functional with a Chairperson and six members. 
  • Objective:  The Act prohibits anti-competitive agreements, abuse of dominant position by enterprises and regulates combinations (acquisition, acquiring of control and M&A), which causes or likely to cause an appreciable adverse effect on competition within India.
    • The Competition Commission of India started investigation on a complaint by Micromax against Ericsson on the ground of Ericson  abusing  its dominant position in the market by imposing exorbitant royalties for the use of its SEPs, thereby violating the Competition Act 2002. 
    • Ericsson challenged the order of CCI in High Court of Delhi against the power of the CCI to investigate the case stating that Patents Act vested the power to remedy an abuse of patents only with the Patent Office.
    • The issue is currently sub judice in The Supreme Court on an appeal by the CCI against a Delhi High Court judgment that was delivered against the CCI in July 2023. 
  • The infringement test: The Indian judiciary through landmark cases has carved out a tripartite  test i.e., essentiality, infringement, FRAND nature of the offer to determine if a user of a SEP is an infringer or not. 
  • Judicial Activism of Delhi High Court: 
    • The Delhi High Court is hearing a lawsuit filed by Ericsson and other SEPs owners against the infringement of SEP’s by the manufacturers of cellular phones. 
      • The infringement lawsuits are being heard while the competition law issues are unresolved and are sub judice.
      • Interim deposit orders: The court has granted an interim remedy to the SEP owners by requiring the  manufacturers, many of them Indian companies, to “deposit” money with the court in order to continue manufacturing during the pendency of the trial justified by invoking its “inherent powers to do justice”
  • Effects of the Judicial Activism: 
    • Affecting Ease of doing business: Indian judiciary’s delayed response to investigating potentially abusive licensing practices of SEP owners is leading to prolonged litigation and absence of regulatory oversight.
    • Financial burdens: The deposit orders of Delhi High Court creates financial burdens on the manufacturers with their working capital stalled and undermines defendants’ rights.
    • Stalling Manufacturing Sector: It is negatively  affecting  government initiatives to attract investment in the manufacturing sector, hindering India’s progress towards becoming a manufacturing hub.

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Also Read: New Patent Rules 2024

 

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Context

Recently, the National Bank for Agriculture and Rural Development (NABARD) unveiled its Climate Strategy 2030 document on the occasion of World Earth Day.

National Bank for Agriculture and Rural Development (NABARD)

It has been constituted for “matters concerning policy, planning, and operations in the field of credit for agriculture and other economic activities in rural areas in India“. 

  • Setting Up: Based on the recommendations of the B. Sivaraman Committee, It came into existence to implement the National Bank for Agriculture and Rural Development Act 1981. 
    • NABARD replaced the Agricultural Credit Department (ACD) and Rural Planning and Credit Cell (RPCC) of the Reserve Bank of India, and the Agricultural Refinance and Development Corporation (ARDC). 
  • Collaborators:  World Bank-affiliated organizations and global developmental agencies working in the field of agriculture and rural development are collaborators of NABARD.
  • Headquarters : Mumbai

NABARD’s Climate Strategy 2030 Document

  • Aim : To address India’s need for Green Finance.
  • It was released during the 78th Business Plan Meet (BPM) held at Thiruvananthapuram.
  • It is structured around four key pillars to address this demand: 
    • Accelerating Green Lending across sectors, 
    • Playing a broader Market-Making Role,
    • Internal Green Transformation of NABARD, 
    • Strategic Resource Mobilization
  • Objective : 
    • To reinforce NABARD’s commitment to environmental stewardship.
    • To be a pivotal player in India’s transition towards a resilient & sustainable economy.

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What is Green Finance? 

Green Finance

  • As per the United Nations Environment Programme, Green Finance is to increase the level of financial flows (from banking, micro-credit, insurance and investment) from the public, private and not-for-profit sectors to sustainable development priorities.
  • Examples of green finance include:
    • Buying eco-friendly goods and services 
    • The development of green infrastructure 
    • Green bonds 
    • Green mortgages
    • Green funds 
    • Green loans 
    • Sustainable credit cards
  • It includes climate finance, but is not limited to it. 
    • It also refers to a wider range of other environmental objectives, such as industrial pollution control, water sanitation or biodiversity protection.
  • Significance of Green Finance : 
    • To better manage environmental and social risks
    • Take up opportunities that bring both a decent rate of return & environmental benefit.
    • To deliver greater accountability.

Advantages of Green Finance 

  • Facilitating Eco-Friendly Technologies : Green finance facilitates the widespread deployment of green infrastructure and other environmentally friendly initiatives within local markets.
  • Competitive Edge : Development of low-carbon technologies through green finance provides businesses with a competitive advantage.
  • Enhanced Business Value : Green finance adds value to a company’s portfolio, attracting stakeholders, investors, and current or potential customers.
    • Economic Boost : Businesses can encourage further green initiatives, thereby benefiting their financial pursuits while promoting sustainability. 
  • Promotes the Importance of Sustainability : The adoption of green finance by one company can  inspire others to follow suit, influencing their local markets and promoting the development of renewable energy.

Challenges Related to Green Finance

  • Lack of Standardization : Without a universal standard defining green finance, it’s challenging for both investors and consumers to discern genuinely committed companies from those engaging in greenwashing. 
    • Risk Assessment : The lack of standardization and available data complicates the pricing of green finance, posing challenges for accurate risk assessment. 
India’s Green Finance Gap : 

  • Insufficient Green Finance inflows : India requires approximately $170 billion annually to reach a cumulative total of over $2.5 trillion by 2030.
    • As of 2019-20, India garnered about $49 billion in Green Finance, merely a fraction of what is needed. 
    • Majority of funds earmarked for mitigation, only $5 billion was allocated towards adaptation and resilience
      • Due to minimal private sector engagement in these areas & 
      • Due to challenges in bankability and commercial viability.
    • Data Availability  : Reliable data on green finance is scarce, making it difficult to quantify which companies are truly succeeding in implementing green finance initiatives. 
  • Transition Risks : Transitioning to a low-carbon economy necessitates changes in business practices across various industries, potentially impacting investor portfolios. 
    • Additionally, evolving customer preferences and technological advancements may not align with the needs of green finance, further affecting investor portfolios.
  • Regulatory Concerns :  Since green finance is heavily influenced by government policies, investors may worry that future environmental regulations could diminish the profitability of their investments.
    • Uncertain Financial Performance : Investor hesitancy may arise due to uncertainties between traditional and green finance, particularly concerning short-term returns despite proven long-term profitability.

How Green Finance can be Promoted ?

  • Through changes in countries’ regulatory frameworks, 
  • By Harmonizing public financial incentives, increases in Green Finance from different sectors, 
  • Alignment of public sector financing decision-making with the environmental dimension of the Sustainable Development Goals, 
  • Increases in investment in clean and green technologies, 
  • Financing for sustainable natural resource-based green economies and climate smart blue economy, increase use of green bonds etc

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Sustainable Practices pledged by Leading Real estate developers from India

  • DLF : By implementing practices such as zero-discharge water systems and sewage treatment plants, it has been able to recycle millions of liters of water daily, thereby reducing the strain on local water sources.
    • As the only Indian real estate company featured in the Dow Jones Sustainability Index for the past three years.
      • It exemplified commitment to environmental, social, and governance excellence.
      • They prioritize greenery preservation by transplanting mature trees, ensuring the continuity of Gurugram’s green landscape amidst infrastructural development.
  • Signature Global (India) Ltd. : Majority of their  projects are either EDGE certified or IGBC gold-rated, demonstrating commitment towards the environment. 
    • They saved around 52% of water usage through various optimum water use practices.
  • Remsons Industries Ltd. : They showcased exemplary performance in key areas such as Environment, Labour and Human Rights, Ethics, and Sustainable Procurement
    • It received a Gold Medal in the Ecovadis Sustainability Assessment.
      • This medal recognises Remsons Industries as one of the top 5% of all evaluated companies globally, reaffirming its commitment to environmental, social, and governance (ESG) excellence.
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Context

Parties to the United Nations Framework Convention on Climate Change (UNFCCC) have made new submissions for the New Collective Quantified Goal on Climate Finance (NCQG). 

Climate Finance Talks Begin Ahead of COP29 in Azerbaijan

  • Climate Finance Discussions: As countries prepare for 29th Conference of Parties (COP29) to the UNFCCC, which will take place in Azerbaijan in November 2024, initial discussions on the central issue of climate finance are on the horizon.
  • Ninth Technical Expert Dialogue (TED 9):  In Cartagena, Colombia, the TED 9 and the first meeting under the Ad Hoc Work Programme (AHWP) took place from April 23 to 26, 2024.

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Need for Climate Finance

  • Finance as a Crucial Enabler of Climate Action: Developing countries, small island nations, and the world’s least developed countries are bearing the brunt of climate change caused by the developed nations.
    • In a world experiencing frequent extreme weather events, they are compelled to adapt and mitigate their way through the crisis. 
  • Disproportional Impact on Developing countries: The economic impacts of climate disasters are considerably more severe for poorer countries, making it crucial to establish a financial target that addresses their needs and promotes climate justice.
  • Advancing Climate Justice: Arriving at a goal that best serves the needs of these countries is thus significant for advancing climate justice. 

What is the New Collective Quantified Goal on Climate Finance (NCQG)?

  • About: A NCQG also known as the post-2025 climate finance goal, will be negotiated with a baseline of $100 billion per year, considering the needs and priorities of developing countries. 
  • Background: In 2009, developed countries committed to providing ‘new and additional’ financial resources amounting to about $30 billion to developing countries between 2010 and 2012. 
    • They also made a commitment of jointly mobilizing $100 billion every year by 2020 for the same. 
  • Extending the $100 Billion Climate Finance Goal: In 2015, this goal of collective mobilization of $100 billion by developed countries was extended to 2025.
    • It was also decided that a new climate finance goal would have to be decided prior to 2025, amounting to at least $100 billion per year, and ‘taking into account the needs and priorities of developing countries’. 
    • This is the NCQG, also called the post-2025 climate finance goal / new goal. 

Significance of NCQG

  • Discrepancy Between Current Climate Finance and Developing Countries’ Needs: The quantum of $100 billion  is inadequate compared to the climate finance needs of developing countries, which, by varying estimates, range from $1-2.4 trillion per year until 2030. 
    • (The latter is an estimate just for Emerging Markets and Developing Economies, making the total funding needed by including that for poorer countries possibly far higher.) 
  •  Unmet Targets and Mobilization Efforts: The goal of $100 billion was not a negotiated one which has not been met in any year since its announcement.
    • The latest estimates show that developed countries mobilized $89.6 billion in 2021 for developing countries. 

Progress Made for NCQG

Nine Technical Expert Dialogues (TED) have been held over the last two years, discussing a range of options for the elements linked to the formation of the new goal, including: 

  • Time frames: Whether the new goal should have a short-term time period (2025-29), in line with cycles of Nationally Determined Contributions (NDCs) of developing countries or longer.
  • Structure: To decide whether the goal should be a single quantified figure with a decided amount of money
    • Or if the goal must be framed in terms of a share of a country’s gross domestic product / gross national income with options for ‘mobilizing’ funds.
    • The goal should have annual targets and sub-goals pertaining to thematic areas (mitigation, adaptation)
    • Or an inspirational goal aiming to make ‘all’ finance flows consistent with low-emissions development. 
  • Quantum: Options for how to decide the quantum of the goal have also been discussed. 
    • These range from a bottom-up approach based on the cost estimates of developing country needs, to determining the quantum based on the range of contributors (developed countries, private actors, any others identified). 
    • Additionally, options for what sources and instruments should be used have also been discussed.  

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  • Qualitative Elements: Whether the type of finance (concessional, grant based, public or private) should be included by way of guiding principles, or a clearly delineated objective have emerged. 
  • Transparency: Existing frameworks such as the Paris Agreement), or a host of new modes of reporting and tracking have been considered to track the progress.
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Context

The Indigenous Technologies of Thermal camera has been designed and developed by CDAC under the InTranSE Program of MeitY.

MeitY’s InTRanSE Program Launches Booklet on AI-Powered Traffic Control and Road Safety Solutions

  • Booklet for Traffic Control Solutions: Under the InTRanSE program, MeitY, technologies/ product/ solution developed for traffic control, road safety have been compiled in a booklet form which was launched for awareness creation.
  • Thermal Camera: The thermal Smart camera has an inbuilt Data Processing Unit (DPU) to run various AI based analytics. 
    • The indigenised technology is targeted for applications across multiple domains, including Smart cities, Industries, Defence and Health, etc. 
    • Field Testing for Road Traffic Applications: The field implementation, testing and validation of this camera was done for Road traffic applications.

Intelligent Transportation System Endeavour (InTranSe) Program

  • About: It is a National level Collaborative Research and Development Program aimed to implement and commercialize products and technologies pertinent to Intelligent Transportation Systems (ITS).
  • Nodal Ministry: Ministry of Electronics and Information Technology 

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Intelligent Transportation Systems (ITS)

ITS is a revolutionary state-of-the-art technology to achieve traffic efficiency by minimizing traffic problems, prompting efficient infrastructure usage.

    • It will enrich users with prior information about traffic and reducing travel time as well as enhancing safety and comfort of commuters.
  • Accident Detection: The ITS can detect any accident and receive alerts to ensure that ambulance reaches the spot within 10-15 minutes.
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Context

Recently, Asian Development Policy released a report for the year 2024 titled as ‘Aging well in Asia’.

  • The report highlighted aging trends and showed its far-reaching effects on various socioeconomic aspects, including poverty, health, and social services. 

What is the Demographic Dividend?

ADB Report

Demographic dividend refers to the economic boost that can happen when a country’s population has more working-age people (between 15 and 64 years old) compared to dependents (those younger than 14 and older than 65).

  • It’s related to having more working people who can actively contribute to the economy.
  • Demographic gift: Some experts call this situation a “demographic gift.”
  • To fully benefit from it, young people need access to good education, proper nutrition, and healthcare, including sexual and reproductive health services.

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Key findings of the ADB Report

  • Rising Old Age Dependency Ratio: The ADB report has predicted a significant increase in the ratio of people aged 60 and above (old age dependency ratio) across developing Asia, including India, by 2050.
    • India’s Specific Situation: In India, the old age dependency ratio is expected to climb from less than 20% in 2022 to over 30% by 2050. 
      • This data is based on an analysis of United Nations data by the ADB.
  • Diminishing Demographic Dividend: The report acknowledges that younger economies like India and Indonesia will still benefit from a demographic dividend, though it will be less significant than before.
  • India’s GDP growth per capita: The rising old-age dependency ratio is predicted to slow down economic growth. An analysis shows a reduction in India’s GDP growth per capita by 0.053 percentage points between 2031-2040.
  • Shifting Demographic Winds: The report has confirmed the expectation that favorable demographics that boosted past economic growth in developing Asia will become a challenge in the coming decades.
  • The Silver Dividend Potential: The report also shed light on ways such as improving the well-being and health of older adults for significantly increasing their ability to work, creating a “silver dividend.”
    • The Silver Dividend in Action: Kikkawa estimates that India’s GDP growth rate could see a 1.5 percentage point increase if this “silver dividend” of underutilized senior work capacity is used. 
  • Unlocking Growth Through Senior Participation: A report co-authored by ADB economist Aiko Kikkawa suggests that economic growth can be boosted by utilizing the untapped potential of people aged 60-69.
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Context

Recently, India protested Chinese road construction at Shaksgam Valley in Pakistan-occupied Kashmir.

Chinese Road Construction Advances Near Aghil Pass, Raising Concerns in Siachen Glacier Region

  • Recent satellite images showed the Chinese road approaching Aghil Pass, with construction resuming this month towards areas north of Siachen Glacier. 
Aghil Pass:

  • It is situated to the North of Mount Godwin-Austen in Karakoram. 
  • It connects Ladakh with the Xinjiang province of China.
  • In 2018, it was reported that China had built around 70 km of metalled road between September 2017 and February 2018 in the Shaksgam valley, around 5,163 square km.

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About Shaksgam Valley

The Shaksgam valley, a trans-Karakoram tract, is a strategically key region that is part of Pakistan-occupied Kashmir (PoK).It was ceded by Pakistan to China in 1963, a year after the India-China war.

  • India’s Stand: It is a part of the territory of India and India never accepted the so-called China Pakistan Boundary Agreement of 1963 through which Pakistan unlawfully attempted to cede the area to China, and have consistently conveyed her rejection of the same.

Siachen Glacier

  • Location: It is a piece of Indian territory wedged between China and Pakistan. It is located in the Eastern Karakoram range in the Himalayas, just northeast of Point NJ9842 where the LOC between India and Pakistan ends.
    • Shaksgam Valley
It is positioned from northwest to southeast. It originates at the base of the Indira Col West, a col (low point) on the Indira Ridge, at an altitude of 6,115 meters.
    • It lies immediately south of the great drainage divide that separates the Eurasian Plate from the Indian subcontinent in the extensively glaciated portion of the Karakoram sometimes called the “Third Pole”.
    • It is the origin point for the Nubra river.
  • Administered by: It has been under the administration of India since 1984 (Operation Meghdoot).
  • Significance: 
    • It is the world’s highest battlefield.
    • It is the second-longest glacier in the World’s Non-Polar regions after the Fedchenko Glacier in Tajikistan.
    • The 2020 standoff between Indian and Chinese troops in eastern Ladakh has made the control of Siachen even more critical for India. 
  • Arising Concern: China has undertaken a massive build-up and deployment along the Line of Actual Control, especially in eastern Ladakh, threatening Indian positions in Depsang and Daulat Beg Oldie.
Also Read: Pakistan Demolishes Sharada Peeth Temple In PoK

 

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Context

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

Indian Spices Face Global Rejections Amid Contamination Concerns and Regulatory Scrutiny

Indian Spices

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. 

  • Hong Kong’s Action: Hong Kong’s Centre for Food Safety suspended the sale of three MDH spice blends (Madras curry powder, Sambhar masala and curry powder masala) and Everest fish curry masala. 
  • Singapore and Hong Kong Suspensions: Both 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.
  • Investigation on Contamination: Various countries (including Singapore, Hong Kong and the U.S.) have announced an investigation into possible contamination of spice mixes sold by top Indian brands. 
      • The complaints cite the presence of ethylene oxide, a toxic chemical used as a food stabilizer, beyond permissible limits. 
    • The international scrutiny has also raised a demand for the Food Safety and Standards Authority of India to ensure stringent quality checks on spices and curry powders sold in domestic markets.
    • Controversies also arose for protein drinks, fruit juices, health drinks and imported Nestle baby products, drawing attention to regulatory lapses and heightening health concerns. 
    • Consumers are increasingly questioning the safety and quality of trusted brands.

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India’s Response to Spice Contamination:

  • Spice Board of India Initiatives: It has initiated mandatory testing of products shipped abroad and is reportedly working with exporters to identify the root cause of contamination.
  • Inspection: Thorough inspections at exporter facilities are also underway to ensure adherence with regulatory standards.
  • Preventing Measures: Preventing ethylene oxide (EtO) contamination by voluntary testing of EtO during raw and final stages; EtO treated products to be stored separately; to identify EtO as a hazard and incorporate critical control points in hazard analysis. 
  • FSSAI Action: The FSSAI has directed state regulators to collect samples of major spice brands, including MDH and Everest, to test for the presence of EtO. 
    • It also plans to carry out a nationwide surveillance in 2024-25, for fruit and vegetables, salmonella in fish products, spice and culinary herbs, fortified rice and milk and milk products. 

About Indian Spices

  • Spices are defined as plant derived substances that add flavor to any dish. 
  • Spices are primarily used as food flavoring (cloves, black pepper) or to create variety. They are also used in perfume cosmetics (Saffron, sandalwood) and incense (cinnamon, styrax). At various periods, many spices were used in herbal medicine.

History & Evolution of Indian Spices

  • Ancient Origins: The use of spices in India can be traced back to ancient times (as far back as the Indus Valley Civilization) and used for culinary and medicinal purposes.
    • Trade Routes: India has a strategic location on ancient trade routes, including the Silk Route, facilitated the exchange of spices and relations with other civilizations.
    • Ayurvedic Influence: Many spices were believed to possess medicinal properties and were used to treat various ailments.
  • Arab and Persian Influence: During the medieval period, they played a significant role in further disseminating Indian spices to the West, which then flourished and became luxury commodities in Europe.
  • European Influence: In the 15th century, European powers, particularly the Portuguese, Dutch, and later the British, sought direct access to India’s spice-producing regions, which led to the exploration and establishment of maritime trade routes, contributing to the Age of Exploration.
  • Colonial Powers: European colonial powers aimed to control the spice trade, leading to the establishment of trading posts and colonies in India. 
      • Competition for dominance in spice-producing regions was fierce among the Portuguese, Dutch, and British.
    • Monopoly of the British East India Company (EIC):
      • The British EIC played a significant role in monopolizing the spice trade by controlling spice production, distribution, and trade routes.
      • The British introduced large-scale spice plantations, particularly in Kerala and Karnataka, focusing on spices like black pepper, cardamom, and cinnamon for export.
  • Post-Independence:
    • India continued to be a major player in the global spice market. 
      • India is known for producing a wide variety of spices due to its diverse climate and geography. 
    • Example: Spices like black pepper, cardamom, cinnamon, cloves, turmeric, cumin, etc.
    • Global Influence: The use of Indian spices is widespread in international markets and cooking.

Spices Market of India

  • Status: India is the world’s biggest exporter, producer and consumer of spices, and its domestic market for the products was valued at $10.44 billion in 2022.
    • India produces 75 varieties out of 109 varieties, listed by  the International Organization for Standardization (ISO). 
About International Organization for Standardization (ISO):

  • It is an international standard development organization composed of representatives from the national standards organizations of member countries.
  • ISO officially came into existence in 1947.
  • Export: The top three importers of India’s curry powders and mixtures, in the fiscal year 2022-23, include the U.S. (₹196.2 crore), U.A.E (₹170.6 crore) and U.K. (₹124.9 crore).
    • These are followed by Saudi Arabia, Australia, Bangladesh, Oman, Canada, Qatar and Nigeria
    • Overall, China, U.S. U.A.E, Bangladesh and Thailand are the top importers of all spices and spice mixes originating from India.
      • Indian SpicesBeyond MDH and Everest, other major manufacturers include Madhusudan Masala, NHC Foods and consumer giants Tata Consumer Products and ITC.
  • Major Exported Spices:
    • 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.
  • Largest Spices Producing Indian States: 
    • Madhya Pradesh, Rajasthan, Gujarat, Andhra Pradesh, Telangana, Karnataka, Maharashtra, Assam, Orissa, Uttar Pradesh, West Bengal, Tamil Nadu and Kerala.

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Government Initiatives for Growth of Spices Production in India

  • Export Development & Promotion: This was an initiative of the Spices Board of India to promote spices of Indian brand, set up infrastructure in spice growing centers and to support exporters to use advanced technology and upgrade the existing technology.
Spices Board of India:

  • Establishment: It is the statutory organization constituted on 26th February 1987, under the Spices Board Act 1986.
    • It was formed with the merger of the erstwhile Cardamom Board and Spices Export Promotion Council.
  • Headquarter: Kochi.
  • Mandate: Spices Board (Ministry of Commerce and Industry, Government of India) is the flagship organization for the development and worldwide promotion of Indian spices. 
    • The Board is an international link between the Indian exporters and the importers abroad. 
  • Setting up of Spices Parks: The board started establishing  eight crop-specific Spices Parks in key production areas and market hubs. 
    • Objective: 
      • To help farmers in getting better prices and wide market access for their crops. 
      • To create a comprehensive system for spice cultivation, post harvesting, processing, value edition, and storage of spices.
  • Spice Complex Sikkim: An initiative to help farmers and other stakeholders in the state by providing financial assistance for facilitating and demonstrating common processing and value addition in spices.
  • Establishment of Codex Committee on Spices and Culinary Herbs (CCSCH): It is a subsidiary body of the Codex Alimentarius Commission, which is a joint initiative of the Food and Agriculture Organization (FAO) and the World Health Organization (WHO).
    • The Codex Alimentarius Commission is responsible for setting international food standards to ensure the safety, quality, and fairness of food trade. 
      • India has been a member since 1964.

Significance of Indian Spices

  • Economic Growth:
    • Export: India is one of the world’s largest spice exporters, and its spices are in high demand globally. India exports its spices to more than 150 countries, with the US, China, Vietnam, UAE, and Malaysia being some of the largest markets.
    • Employment: The spices sector provides livelihoods to millions of farmers, traders, and laborers involved in its cultivation, processing and marketing.
    • Value Addition: India has moved up the value chain from exporting raw spices to offering value-added products like spice oils, oleoresins, culinary pastes, and ready-to-use spice mixes, among others.
  • Cultural Significance: 
    • Cultural Heritage: Spices have a rich cultural heritage in India. They have been an integral part of Indian culture for centuries, used not only in cuisine but also in traditional medicine, rituals, etc. 
      • Health Benefits: Turmeric is valued for its anti-inflammatory properties, and ginger is used to aid digestion.
    • Spice Blends: Spice blends like garam masala and curry powder are at the heart of Indian cooking and are carefully crafted combinations of spices that lend distinctive flavors to dishes.
    • Regional Variations: Spices play a central role in defining regional cuisines and adding depth to local flavors.

Challenges faced by the Indian Spices Sector

  • Economic Concerns: 
    • Immediate Risk: Delhi-based think tank Global Trade Research Initiative (GTRI) said that nearly $700 million worth of exports are at stack due to regulatory actions in critical markets.
    • China’s Impact: If China follow Hong Kong, Indian exports could see a “dramatic downturn”. This could affect exports valued at $2.17 billion – about 51.1% of the country’s global spice exports. 
    • EU’s Influence: It could further worsen if the European Union, which it states, “regularly rejects Indian spice consignments over quality issues”, follows suit. 
    • Total Potential Losses: The impact could be an additional $2.5 billion, bringing the total potential losses to 58.8% of global exports.
  • Quality & Standard Maintenance: One of the major challenges in the spices sector is maintaining high-quality standards and meeting the stringent pesticide residue norms of importing countries. 
  • Food Safety Concerns: Food safety is a paramount concern for consumers worldwide, particularly in developed nations where stringent regulations ensure product safety. Indian spice exporters encounter challenges in assuring consumers of the safety and hygiene of their products.
    • More than seven in 10 Indians are worried about the quality and safety of the spices they consume, according to a recent Local Circles survey that documented responses from 12,300 people across 293 districts. 
    • Almost 36% of them “had no confidence” that the FSSAI had the capacity or willingness to uphold its mandate.
  • Traceability and Transparency: The fragmented nature of India’s spice supply chain presents challenges in achieving full traceability and transparency. Lack of standardized documentation, inadequate record-keeping practices, and informal trade channels hinder Indian exporters’ ability to provide verifiable traceability data.
    • The absent accountability and consequences often mean enforcement agencies fail to penalize unscrupulous food operators, which fuels the issue.
      • Under Section 59 of the FSS Act, food businesses found guilty of selling, storing or manufacturing sub-standard foods can be penalized with a ₹3 lakh penalty and a three-month jail term.
  • Tariffs & Trade Barriers: Tariffs and trade barriers imposed by developed countries pose significant obstacles for Indian spice exporters. Despite being a major producer and exporter of spices, India faces stiff competition from other exporting nations.
  • Price Volatility & Competition: The global spice market is highly competitive and Indian exporters often face challenges related to price volatility, influenced by factors such as crop yield, weather conditions, and currency fluctuations.
  • Operational and Logistic Barriers: Many companies struggle to trace ingredients, especially raw agricultural commodities, due to the lack of standardised recordkeeping and intentional food fraud. 
    • Indian SpicesThis prevents manufacturers from assessing potential risks, compromising the safety of the entire food supply chain. 
    • At least 10 States/Union Territories lack government or private notified food testing labs, as mandated under the FSS Act. 
  • Societal Impact: In the event of potential losses, farmers of such crops too could find themselves at the receiving end. Such instances will burden the farmer.
  • Health Concerns:
    • MDH and Everest’s spice mixes allegedly contain high levels of a prohibited pesticide called ethylene oxide (EtO). 
    • The European Food Safety Authority (EFSA) has banned the use of EtO and earlier flagged EtO contamination in Indian spices. 
    • The improper and excessive use of EtO may leave behind residues, causing toxic and even carcinogenic compounds to form, thus contaminating the product. 
      • Long-term exposure to ethylene oxide is associated with cancers including lymphoma and leukaemia.

About Ethylene Oxide (EtO):

EtO is a colourless, flammable and a remarkable gas that was originally intended for sterilising medical devices. 

  • It is used as a chemical in industrial settings, agriculture, and as a sterilising agent in food products, including spices, dried vegetables and other commodities. 
  • The chemical provides life to the spice industry as it reduces microbial contamination, and in turn, extends products’ shelf life and makes their storage safe.
  • The International Agency for Research on Cancer (IARC) classifies the ethylene oxide (chemical) as a Group 1 carcinogen.

Way Forward to Indian Spices Sector

  • Good Agricultural Practices (GAP) & Organic Cultivation: To address quality and standard issues, there is a need to focus on GAP and organic cultivation for spices.
    • Good Agricultural Practices: It requires production of good quality spices by adopting good agricultural practices, using the correct quantity of water, soil, improved variety of seeds, fertilizer, approved pesticide, and the right crop pattern. 
      • Use of sanitary practices at harvesting, storage, and transportation also help to avoid cross-contamination at these stages. 
      • Technologies like cold plasma, pulsed light sterilisation, and high-pressure processing are innovative non-chemical methods that can effectively reduce microbial load without leaving harmful residues.
  • Strict Regulations & Safety Checks: To address the arising mistrust around FSSAI, there is a need for stricter regulatory measures and transparency in food production and safety industry standards. 
    • There should be a commitment to proactive monitoring and enforcement, rather than reactive responses to individual incidents.
    • There is a need to regularly update food safety standards to align with global practices, and improve information flow to food industries so that they better comply with regulations.
  • Adopt Alternatives to Ethylene Oxide in Food Processing: Exploring safer chemical alternatives that have similar antimicrobial properties without carcinogenic risks is crucial.
    • Substances such as ozone, hydrogen peroxide, or heat treatments could serve as potential replacements for ethylene oxide in certain applications.
  • Adequate Investment: By prioritizing investments in quality infrastructure, implementing stringent food safety measures, enhancing traceability and transparency, and aligning with market trends, Indian spice exporters can overcome these hurdles and unlock the vast potential of developed markets for India’s rich array of spices.
    • To support and achieve $ 10 billion exports by FY 2027, Indian spices should be the torchbearer for agro products to boost the prominence of ‘Brand India’ worldwide and require an annual growth rate of 19.5%.
  • Sustainability: As global awareness about environmental issues and sustainability grows, there is an opportunity for India to expand its share in the organic spices market.
    • There is a need to implement sustainable farming practices that can also help preserve biodiversity and reduce environmental impact.
  • Market Diversification: Exploring new markets and creating demand for lesser-known spices is required and could help in reducing dependence on traditional markets.

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Also Read: FSSAI Investigates Spice Mix Safety Amid Ethylene Oxide

 

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