India has high debt like China, but risks are moderated: IMF

Context:

• As per the International Monetary Fund(IMF), India’s debt level is similar to that of China, but the risks associated with India’s debt are comparatively lower than China.
• The IMF recommended that India should pursue an ambitious fiscal consolidation plan in the medium term to reduce deficits.
• The current debt in India stands at 81.9 per cent of GDP as compared to 83 per cent of China. 
• The deficit projected for India for 2023 is at 8.8 per cent projected for 2023. 
  • 5.4% of GDP is paid as  an expenditure on interest with the primary deficit being 3.4%. 

3.21 lakhs cases pending before Information Commmission

• A report card by voluntary organisation Satark Nagrik Sangathan (SNS) on the performance of information commissions (IC) shows that the backlog of appeals and complaints under the Right to Information(RTI) Act have been steadily rising across states.
• The performance report marks the 18th anniversary of RTI law that came into force on October 12, 2005.

Findings of report:

• The data shows that overall over 2.2 lakh appeals and complaints were registered between July 1, 2022 and June 30, 2023 by 28 ICs. 
• During the same time period more than 2.14 lakh cases were disposed of by 29 commissions.
• Over 3.2 lakh appeals and complaints were pending as on June 30 this year in 27 ICs.
• The analysis found that six commissions including the Central Information Commission and state ICs of Manipur, Chhattisgarh, Maharashtra, Bihar and Punjab are currently without a chief. 
• The CIC is currently working with only four commissioners even as seven posts are vacant. 
• Four commissions in Jharkhand, Telangana, Mizoram and Tripura are defunct as no new commissioners have been appointed after the incumbents demitted office.

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Context:

• Migratory birds have started their annual journey to Chilika —India’s largest waterbird habitat in Odisha — ahead of winter this year. is climate change to blame?

Wings Over Chilika: Early Arrival of 50 Migratory Birds

• Wildlife officials in the state reported the sighting of approximately 50 migratory birds, including ducks and wigeon species, within the Nalabana bird sanctuary area inside the Blue Lagoon on October 7, 2023.
• The early onset of winter in their native habitats could have prompted the birds to fly millions of kilometers to descend on Chilika, even though colder temperatures have not yet taken hold. 
• Migratory birds, mostly from beyond the Himalayas in Northern Eurasia, the Caspian region, Siberia, Kazakhstan, Lake Baikal and the remote areas of Russia and neighboring countries visit the Chilika every winter and start their homeward journey before the onset of summer.
• Northern shovelers, ruffs, godwits, plovers, gadwalls and a variety of migratory birds arrive in large numbers. 

Why do migratory birds arrive early at Chilika Lake?

• Natural disasters in the Himalayan regions, including Uttarakhand and Sikkim flash floods, Pushed them further south early.
• Food availability is another factor that influences bird migration. 
• The scarcity of food in their native habitats likely compelled these birds to embark on long journeys in search of suitable wetlands.
• Climate change leading to changes in weather patterns impacting migration patterns.
• Experts cited the Russia-Ukraine war as another possible reason. 

Asian Migratory Bird Flyway

• Five flyways cover Asia, The Asian-East African, the Central Asian, the East Asian-Australasian, the West Pacific and the African-Eurasian.

• The Central Asian Flyway starts from the northern breeding grounds of water birds in Siberia and leads across Asia to the Indian subcontinent. Little has been published about birds using this flyway. 
• Chilka Lake lies on the central Asian flyway, It is the largest wintering ground for migratory birds on the Indian sub-continent. 

Source: Down to Earth

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Context:

• An independent annual study conducted by Satark Nagarik Sangathan on the eve of the 18th anniversary of the Right to Information or RTI Act  implementation has revealed that the Jharkhand Information Commission has been defunct for over three years.

RTI Delays: New Appointments Needed for State Commissions

• The state information commissions in Jharkhand, Telangana, Mizoram, and Tripura have been defunct due to retirements and a lack of new appointments.
• Additionally, six commissions, including the Central Information Commission, are functioning without a chief, while seven others are operating at reduced capacity, leading to increased waiting times for information seekers.
• The delays in the disposal of cases are attributed to vacancies and a slow disposal rate by commissioners, rendering the RTI Act ineffective. (Refer Infographics).

What is the Central Information Commission?

• It is a statutory body constituted under the RTI Act 2005. The jurisdiction of the Commission extends over all Central Public Authorities.
• Functions:
• • These broadly relate to adjudication in the second appeal for giving information; 
  • direction for record keeping, suo motu disclosures 
  • receiving and enquiring into a complaint on inability to file RTI, etc;
  • imposition of penalties and Monitoring and Reporting including preparation of an Annual Report.
  • The decisions of the Commission are final and binding.

State information commissioners perform similar functions and their jurisdiction extends over all state public authorities of respective states.

Source: The Economic Times

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Context:

• The Centre has approved the amendment of the Second Schedule of the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act) for specifying the rate of royalty in respect of 3 critical and strategic minerals, namely, lithium, niobium and Rare Earth Elements.

MMDR Act, 2023

• The MMDR Act (Amendment), 2023, delisted six minerals, including lithium and niobium, from the list of atomic minerals, thereby granting concessions for these minerals to the private sector through auction.
• The MMDR Act (amendment) provided that the mining lease and composite license of 24 critical and strategic minerals (which are listed in Part D of the First Schedule of the Act), including lithium, Nnobium and REEs (not containing uranium and thorium), shall be auctioned by the central government.
• Earlier, The Second Schedule of the MMDR Act mandated a royalty rate of 12% of ASP for all minerals not specifically provided a royalty rate, making them non-competitive and not on par with global standards.
• The 3% royalty for Lithium is based on prices at the London Metal Exchange Price. For Niobium, the royalty has been calculated from the ASP, considering both primary and secondary sources, and REEs’ royalty is based on the ASP of Rare Earth Oxide.
• Critical minerals have become essential for economic development and national security. Lithium and REEs have gained significance given India’s commitment to energy transition and achieving the net-zero emissions target by 2070. 
• In February 2023, ‘inferred’ lithium resources of 5.9 million tonnes were established in Jammu & Kashmir, India’s largest Lithium deposit.

Lithium: White gold

• A soft, silvery metal. It has the lowest density 0.534  (g cm−3) of all metals. 
• It has a High Melting point of 180.50°C and a Boiling point of 1342°C. It reacts vigorously with water.
• The most important use of lithium is in rechargeable batteries for mobile phones, laptops, digital cameras and electric vehicles. Lithium is also used in some non-rechargeable batteries for 

Niobium

• Niobium is a silvery metal with a layer of oxide on its surface, which makes it resistant to corrosion. It is used in stainless steel alloys to improve their strength, particularly at low temperatures.
• Alloys containing niobium are used in jet engines, beams and girders for buildings, and oil and gas pipelines. 
• Given its superconducting properties, it is also used in magnets for particle accelerators and MRI scanners.

What are Rare Earth Elements or REE in MMDR Act?

• The REE are a set of seventeen metallic elements under MMDR Act, These include the fifteen lanthanides on the periodic table plus scandium and yttrium.
• REEs are used as components in high technology devices, including smart phones, digital cameras, computer hard disks, fluorescent and light-emitting-diode (LED) lights, flat screen televisions, computer monitors, and electronic displays. 
• Large quantities of some REEs are used in clean energy and defense technologies.

Source: livemint

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Context:

• This article is based on the news ”Dilemma in court: Should ‘viable’ foetus be aborted or given life support?” which was published in the Indian Express. A two-judge all-woman Supreme Court bench disagreed on allowing a 27-year-old married woman to terminate her 26-week pregnancy and referred the plea to the Chief Justice of India for consideration by a larger bench.

MTP Act Debate: SC Bench Divided on Woman’s Abortion Request

• The bench had different opinions regarding a request to recall the October 9 order allowing a married mother of two to terminate her 26-week pregnancy:
  • One judge was against allowing the abortion.
  • The other judge emphasized that the woman’s choice to terminate her pregnancy should be respected.
• The woman had moved the apex court seeking its approval to terminate her pregnancy citing medical grounds, including that she was suffering from postpartum depression.
• Additional Solicitor General (ASG) Aishwarya Bhati opposes pregnancy termination, asserting petitioner’s rights must align with the MTP Act provisions.
• Because, section 3(2)(a) of the MTP Act, 1971 allows terminating pregnancies within the first twenty weeks. 

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Evolution of Abortion Law in India: MTP Act

• Pre-1960s: Illegal Status of Abortion
  • Abortion was illegal and punishable under Section 312 of the Indian Penal Code (IPC) before the 1960s.
• 1964: Formation of Shantilal Shah Committee
  • It was set up to examine abortion-related matters and the necessity of laws around abortion in India.
  • The Committee recommended liberalization of abortion laws to reduce unsafe abortions and maternal mortality.
• 1971: Introduction and Passage of MTP Act
  • MTP Act was introduced and passed by Parliament in August 1971, based on the recommendations of the Shantilal Shah Committee.
  • The MTP Act allowed abortion up to 20 weeks of pregnancy and granted immunity to doctors performing abortions in line with its provisions.
  • The MTP Act allowed termination of pregnancy by a medical practitioner in two stages.
    • For termination of pregnancy up to 12 weeks from conception, the opinion of one doctor was required.
    • For pregnancies between 12 and 20 weeks old, the opinion of two doctors was required

• 2002: Brief Amendment for Medical Abortion Pills
  • The MTP Act was briefly amended in 2002 to allow the use of medical abortion pills, mifepristone and misoprostol.
• 2021: Amendment to Extend Abortion Limit
  • The MTP Act was amended in 2021, extending the abortion limit from 20 to 24 weeks.
  • The amended MTP Act allowed the termination under the opinion of one doctor for pregnancies up to 20 weeks. 
  • For pregnancies between 20 and 24 weeks, the amended law requires the opinion of two doctors.
  • The MTP Act (amendment) specified seven categories of women eligible for termination between 20 and 24 weeks of pregnancy:
    • Survivors of sexual assault or rape or incest;
    • Minors; 
    • Change of marital status during the ongoing pregnancy (widowhood and divorce);
    • Women with physical disabilities 
    • Mentally ill women including mental retardation
    • The foetal malformation
    • Women with pregnancy in humanitarian settings or disaster or emergency situations.
• MTP Act; Significance
  • The MTP Act prohibits the disclosure of the identity and details of a woman whose pregnancy has been terminated, unless authorized by existing laws.
  • Further, Supporting the implementation of the MTP Act will contribute to achieving Sustainable Development Goals (SDGs) 3.1, 3.7, and 5.6, which aim to reduce preventable maternal mortality.

Global Abortion Laws

• Countries Banning Abortions (24 countries)
  • Abortions are illegal in 24 countries, where about 90 million or 5 percent of women of reproductive age reside.
  • These include Senegal, Mauritania, and Egypt in Africa, Laos and the Philippines in Asia, El Salvador and Honduras in Central America, and Poland and Malta in Europe
• Countries Permitting Abortions with Restrictions (50 countries)
  • Includes Libya, Indonesia, Nigeria, Iran, Venezuela.
  • Permitted in cases of a woman’s health risk.
  • Some allow in cases of rape, incest, or fetal abnormalities.
• Countries with Accessible Abortion Laws
  • Canada, Australia, and most of Europe.
  • Few restrictions, primarily gestational time limits (typically 12-14 weeks).

What are the concerns related to the abortions?

• Foetal Pain: Concern that fetuses beyond 20 weeks of gestation may experience pain during abortion.
• Psychological Impact: Some argue that young women who undergo abortion may face an increased risk of subsequent depression.

• Reduced Adoptable Babies: Critics suggest that instead of abortion, women should consider giving unwanted babies up for adoption, as single parenthood becomes more accepted.
• Abortion as Contraception: Moral objections to using abortion as a convenient method of birth control, emphasizing the value of unborn life.
• Responsibility and Morality: Argues that individuals should accept responsibility for their actions and consequences, especially when becoming pregnant.

What are arguments in favour of Abortion?

• Bodily Autonomy: Abortion upholds a woman’s right to bodily autonomy, enabling her to make decisions about her own body and reproductive choices.
• Choice and Life Course Impact: Allowing abortion provides individuals the freedom to choose their life course, preventing unwanted pregnancies from adversely affecting education, career, and mental well-being.
• Avoiding Unsafe Abortions: Legalizing abortion helps to prevent unsafe abortions, which can pose serious risks to women’s health and may lead to fatalities.
  • According to the UN Population Fund, close to eight women die every day in the country from causes related to unsafe abortions.
  •  According to a report published by the Center for Reproductive Rights, “legal and practical barriers are a serious impediment” with unsafe abortions in India accounting for  20 per cent of all maternal deaths.
• Changing Social Norms: Laws should adapt to changing social norms, acknowledging the prevalence of premarital sex, live-in relationships, and diverse family structures.
• Foetal Abnormalities: The abnormalities are not always found upto 20 weeks, not allowing women a safe access to abortion puts her life in danger.
• Addressing Marital Rape Victims: Abortion should be accessible for women who may have conceived due to sexual assault or marital rape, respecting their mental and physical well-being and preventing further harm.

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Way Forward

• Recognize Abortion as a Human Right: Acknowledge abortion as a fundamental human right, as supported by international frameworks such as the United Nations, the European Court of Human Rights, and the African Commission on Human and People’s Rights.
• Commit to Prevent Unsafe Abortions: Reiterate and uphold the commitment made by 179 governments at the 1994 International Conference on Population and Development to prevent unsafe abortions.
• The MTP Act require abortion to be performed only by doctors with specialisation in gynaecology or obstetrics.
• • According to the study, there is a 75% shortage of such doctors in community health centers in rural areas, pregnant women may continue to find it difficult to access facilities for safe abortions.
• Extended Abortion under MTP Act: Permitted Beyond 24 Weeks Only for Substantial Foetal Abnormalities Diagnosed by Medical Board
• Address Criminalization of Abortion: The UN Recognize that the criminalization of abortion is a form of gender-based violence and may violate women’s rights to health, dignity, autonomy, and equality.
• WHO’s Safety Classification: The WHO has classified abortion procedures into three categories, namely, safe, less-safe and least-safe.
  • Lancet study from 2010 to 2014 showed 54% of abortions were safe, 30% were less safe, and 14% were least safe.
  • The developing world accounted for more than 97 per cent of abortions classified under the latter two categories.
• Maternal Health and Mortality: Acknowledge that unsafe abortions are a leading cause of maternal mortality, contributing to 13% of such deaths.
  • Address the urgency of improving the safety of abortion procedures.
• Promote Societal Well-being: Emphasize that ensuring safe abortion access is not just about human rights but also contributes to the overall well-being of societies.

Conclusion

The recent Supreme Court case highlights the ongoing debate over the Medical Termination of Pregnancy or MTP Act, underscoring the challenge of balancing women’s rights to abortion within the legal framework.

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Context:

• This article is based on the news ”Google, Apple under probe for unfair practices: Competition Commission of India chief” which was published in the Hindustan Times. Competition Commission of India (CCI) is probing Google and Apple for alleged unfair business practices.

Competition Commission of India imposes a monetary penalty 

• The Competition Commission of India had ordered detailed investigations against Google with respect to its alleged abuse of dominance in the smart television segment and in the news content space.
  • Earlier, the regulator had passed orders against Google in cases related to the Android system and PlayStore. 
  • Competition Commission of India had passed a cease and desist order for abuse of dominant position in that segment and a penalty of Rs 1,337 crore was imposed.
  • Google has deposited the penalty along with interest. On the behavioral remedies, the company had taken up the matter with the National Company Law Appellate Tribunal (NCLAT).
• The regulator had ordered an investigation against Apple for alleged anti-competitive practices with respect to its App Store.
• Misuse of Data: Tech-giants such as Apple and Google are not charging for their services but the mis-use of data involving data concentration, self -preferencing and anti-steering provisions is a cause of concern.

Also read: Introduction To The Digital Personal Data Protection Bill

What is the Competition Commission Of India?

• Competition: Competition is the best means of ensuring that the ‘Common Man’ has access to the broadest range of goods and services at the most competitive prices. 
• Competition Commission of India: It has been established to enforce the competition law under the Act. 
• The Competition Act, 2002: The Act prohibits anti-competitive agreements, abuse of dominant position by enterprises and regulates combinations, which causes or likely to cause an appreciable adverse effect on competition within India.
  • This Act replaced the Monopolies and Restrictive Trade Practices (MRTP) Act of 1969. 
• Powers and Functions of Competition Commission of India: Enquiry into Anti-Competitive Agreements, Advisory Functions, Divide the Enterprise Enjoying Dominant Position, Regulate its Own Procedure, Power of Civil Court and Imposing Monetary Penalties.

What is the Competition (Amendment) Act, 2023?

• The Competition (Amendment) Act, 2023 was recently passed in India. 
• New Deal Value Threshold: Under this provision, transactions involving acquisition, merger, or amalgamation that meet or exceed INR 2,000 Cr and involve entities with substantial business operations in India will necessitate approval from the Competition Commission of India or CCI.
• Updated Definition of “Control”: It now includes the concept of “material influence.” This change acknowledges that having the ability to exert significant influence over the management, affairs, or strategic commercial decisions of an entity or group of entities is a key factor in determining control. 
• Reduced Timeline: For the implementation of a combination from 210 days to 150 days. Additionally, the Competition Commission of India is now required to formulate a prima facie opinion on a combination within 30 days, failure to do so results in the combination being deemed approved. Open Offers and Share Acquisitions: Implemented via regulated stock exchanges prior to obtaining CCI approval. This provision grants acquirers more flexibility to initiate open offers or acquire shares from the open market while ensuring that effective control is not transferred until the required regulatory approval is obtained. 
• Introduces a Three-Year Limitation Period: For entertaining information regarding alleged contraventions under the Act. 
  • It establishes a clear timeframe for parties to file complaints and ensures the timely execution of competition law enforcement.
• Introduces A Settlement And Commitment Mechanism: For enterprises under inquiry for abuse of dominance or anti-competitive agreements. 
  • This framework provides enterprises with the opportunity to seek resolution through mutually agreed remedies, thereby promoting cooperation and expediting dispute resolution. 

What are some significant cases handled by the Competition Commission of India to promote healthy competition?

• Sonam Sharma v. Apple in India Case: Competition Commission of India characterised “tying” as anti-competitive. Tying is a seller’s requirement that if a customer purchases its “tying” product, they must also purchase the seller’s “tied” product. 
  • Apple sells iPhones and Apps for iPhones in a relatively unregulated market. 
• Javeed v. Google LLC Case 2019: Google abusing its dominant position in the mobile operating system-related markets. 
  • Google made it compulsory for developers of smartphones and tablets to install pre-determined Google-based applications were held to be in violation of the Indian Competition Act (2002). 
• Surinder Singh Barmi v. BCCI Case 2017: BCCI was held to have foreclosed competition by granting itself the power to either allow or disallow new entrants in the market. 
• The Supreme Court (SC) refused to restrain the Competition Commission of India from probing the 2021 privacy policy of WhatsApp. While the CCI plays a crucial role in ensuring fair competition in the market, it also faces several challenges.

What challenges are faced by the Competition Commission of India?

• Pending Cases: Justice delayed is justice denied and investigations go on for very long because the Director-General (DG) keeps changing. So, there should be some permanent staff members who can form the pillar of institutional continuity. 
• Absence of Judicial Member: The presence of a judicial member in Competition Commission of India  is critical. The Delhi High Court in its judgments urged the Ministry of Corporate Affairs to ensure it, but that has not happened so far.  
• Toothless Regulator: The majority of CCI orders are being appealed to the NCLAT or are being contested in the high courts or SC.
• Penalty Realisation: The CCI has delivered anti-competition orders of wide import and imposed huge fines, but has collected very little, as most orders are under appeal and their operation has been stayed by the appellate court.
• Overlapping Duties: The Competition Commission of India’s duties also intersect with those of other regulatory agencies, such the Telecom Regulatory Authority of India (TRAI), in areas like telecom, the internet, and big technology.
• New Challenges: With rapidly changing technology with introduction of Web 3.0, Artificial Intelligence, IoT, Blockchain etc. new issues emerge like data protection and privacy, search bias, platform neutrality, deep discounting, hostile takeovers, confidentiality, etc. 

International Cooperation: Competition Commission of India’s Role in Free Trade Agreement Negotiations

• Competition Commission of India has entered into MOUs with several of its peer agencies like Federal Trade Commission (FTC) and Department of Justice (DOJ) of USA, Canada, EU, Russia, Australia, China, Brazil, Japan, South Africa etc. 
• CCI also participates in the negotiations of the Competition Chapter under the Free Trade Agreements negotiated by the Government of India.
• Memberships of international organisations:
  • International Competition Network (ICN): ICN is a virtual international organisation and its members represent competition authorities across the globe. Competition Commission of India is a member and has been an official invitee to the conferences and workshops organised by the ICN.
  • BRICS Competition Authorities: A MoU between the competition authorities of BRICS was signed in May 2016 during the International Legal Forum held in St. Petersburg, Russia.
  • Organisation for Economic Co-operation and Development (OECD): The Commission has an observer status with the Competition Committee of OECD. The Commission regularly participates in the meetings to gain exposure to the global best practices in the field of competition law and policy. 

Also read:  World Investment Report

Conclusion

Competition Commission of India  will soon do a market study to understand the possible impact of Artificial Intelligence so that they can understand the market better. CCI is looking at the possibility of any anti-competitive practices, and  how they can be addressed.  Going by global experience, it is still early days for the competition regulator in India. Challenges are to be expected and overcoming them will be key to having a healthy, competitive environment in the Indian business ecosystem.

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