Oct 16 2024

Samsung India workers’ at Sriperumbudur in Tamil Nadu are protesting for their fundamental right to form a registered trade union to collectively bargain for better terms of employment.

Samsung Workers Demand Union Recognition Amid Police Action in Tamil Nadu

Trade Union in India

  • Fundamental Right to Form a Union: The workers at Samsung India’s Sriperumbudur facility are demanding the registration of the Samsung India Workers Union (SIWU) to enable collective bargaining for better employment terms. 
    • This is rooted in their fundamental right to form a union, as upheld by Article 19(1)(c) of the Constitution.
  • Government’s Response: The Tamil Nadu government formed a ‘workmen committee’ to resolve the issue but also resorted to police action to suppress the strike. 

About Workmen Committee

  • A workmen committee, also known as a works committee, is an integral body within industrial establishments aimed at fostering better relations between employers and employees
  • It plays a key role in resolving conflicts and maintaining industrial harmony. 

    • Labour law experts criticized this as premature since the workers’ union had not yet been registered. Samsung’s Objection: Samsung has raised concerns regarding the use of its name in the SIWU, citing a violation of the Trade Marks Act, 1999. 
    • However, the workers argue that trade unions are not business concerns and are protected under the Trade Unions Act, 1926.

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About Collective bargaining

  • Collective bargaining is a voluntary process where workers and their employers negotiate the terms and conditions of employment. 
  • It’s a fundamental right that’s recognized in the ILO Declaration of Fundamental Principles and Rights at Work.

Key Legal Principles for Collective bargaining

International Laws on Collective bargaining

  • Right to Organise and Collective Bargaining Convention, 1949
    • This fundamental convention from the ILO protects workers from anti-union discrimination and protects workers’ and employers’ organisations from interference. 
  • ILO Declaration of Fundamental Principles and Rights at Work, 1998
    • This declaration reaffirms the importance of the right to collective bargaining. 
    • It was adopted in 1998 and amended in 2022, is an expression of commitment by governments, employers’ and workers’ organisations to uphold basic human values – values that are vital to our social and economic lives. 
    • It affirms the obligations and commitments that are inherent in membership of the ILO, namely:
      • Freedom of association and the effective recognition of the right to collective bargaining;
      • Elimination of all forms of forced or compulsory labour;
      • Effective abolition of child labour;
      • Elimination of discrimination in respect of employment and occupation; and 
      • Safe and healthy working environment.
  • ILO Convention No. 154 (1981)
    • This convention outlines collective bargaining as a process for negotiating working conditions and terms of employment, and regulating the relationship between employers and workers.

  • Constitutional Provisions for Collective bargaining:
    • Freedom of speech and expression:
      • Article 19(1)(a) provides the right to freedom of speech and expression which is one of the most important fundamental rights which provide every citizen to express their views or to express dissent. 
      • Thus, every citizen has the right to speech and expression, which can be exercised individually or in groups.
    • The right to form an association or union:
      • Article 19(1)(c) provides the right to form an association or union which can be said to be the foundation of the trade unions in India.
    • Workers participation in management: 
      • Article 43A gives the state the authority to enact and implement laws that encourage workers to take part in management. 
  • Legal Provisions related to Collective bargaining:
    • Industrial Disputes Act, 1947
      • The primary law governing collective bargaining in India. 
      • This act gives workers the right to form trade unions and bargain with employers. 
      • It also allows for the resolution of employment disputes through a conciliation officer, board of conciliation, or labour court.
    • Trade Unions Act, 1926

Key Judgments on Right to form Trade Union 

  • All India Bank Employees’ Association v. N.I.Tribunal (1962): The Supreme Court dictated the rights of the members of the trade unions in accordance with the Fundamental Right to Freedom of speech and expression under Article 19(1)(c).
  • Bharat Iron Works v. Bhagubhai Balubhai Patel (1976): SC stated that the concept of collective bargaining is a part of the modern-day concept of the welfare state and that such a method should be exercised in a healthy manner and in a way where there is cooperation and respect between employees and employers.
  • B.R. Singh vs Union of India (1989): Upheld the right to form unions as a fundamental right. 
    • Restrictions on union formation must be reasonable, based on public order, morality, sovereignty, or integrity.
  • Rangaswami vs Registrar of Trade Unions (Madras High Court): Defined the Trade Unions Act as enabling labour organisation for collective bargaining.

      • Registration of a union under the Trade Unions Act, 1926 is essential to facilitate collective bargaining and grants immunity from civil and criminal action.
      • Section 4 of the Act allows as few as seven workers to apply for union registration.Industrial Employment (Standing Orders) Act, 1946
      • Defines standing orders, which are rules related to matters like classification of workers, attendance, and leaves. 

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Advantages of Collective Bargaining

  • Give workers a larger voice: Collective bargaining allows workers to band together and create a louder voice to help provide a mutually beneficial outcome. 
  • Improved working conditions: Collective bargaining can lead to safer working conditions and better working standards. 
  • Single entity representation: It allows them to negotiate with a single entity representing all employees, rather than negotiating with each employee individually.
  • Better training: Research shows that workers receive more training when unions are involved, which can lead to higher pay. 
  • Equality and activism: Collective bargaining can help achieve equality in working societies, reducing the gender pay gap. 
  • Encourages cooperation: Collective bargaining can improve working relationships by encouraging cooperation. 
  • Job security: Union membership can lead to lower turnover rates, which gives employees the opportunity to invest in their skills long-term. 
  • Higher wages: Collective bargaining agreements can lead to significant increases in wages and benefits. 

Disadvantages of Collective Bargaining

  • Operational Disruptions: Work stoppages, such as strikes, often halt business operations, leading to decreased productivity and significant revenue losses for employers.
  • Exclusion of Non-Union Workers: Since collective bargaining usually only benefits union members, employees who are not part of the union may miss out on any improved terms or conditions negotiated through the process.
  • Excessive Union Power: In some situations, unions might gain too much influence, resulting in an imbalance where employers are put at a disadvantage. 
    • This can occasionally lead to misuse of power.
  • Decreased Competitiveness: Collective bargaining may raise labour costs, making businesses less competitive in the global market. 
    • Companies might respond by cutting jobs or shifting work to countries with lower wages.
  • Adversarial Dynamics: The process of collective bargaining can sometimes foster a confrontational relationship between management and employees, eroding trust and collaboration in the workplace.
  • Rigidity in Negotiations: Collective agreements often set standard terms that limit the ability of individuals to negotiate their own personalised conditions, potentially making the process less flexible for certain employees’ needs.

Right to Strike

  • The right to strike is the right of employees to collectively refuse to work in response to certain conditions, such as labour practices or economic conditions. 
  • It is considered an essential right for employees and is often recognized as a fundamental human right. 

Right to Strike in India

  • The right to strike in India is limited and regulated by the Industrial Disputes Act, 1947, which is now part of the Industrial Relations Code of 2020
    • The act defines a strike as a cessation of work by a group of employees in an industry. 
  • No Explicit Constitutional Right: The Indian Constitution does not explicitly guarantee the right to strike. 
    • However, the Industrial Disputes Act, 1947, provides a legislative framework for strikes, recognizing them as a legal right, but not as a fundamental one.
  • Article 19 and Strikes: While Article 19 of the Constitution protects the right to protest, the right to strike has limitations. 
    • It is not considered a fundamental right but is derived from the fundamental right to form associations or unions.
  • Trade Union Act, 1926: The Act provided a limited right to strike, allowing trade unions to engage in specific activities to further a trade dispute.
  • Industrial Relations Code, 2020: The right to strike has been subsumed under this modern legislation, continuing to regulate strikes within legal limits.

Way Forward

  • Register the Trade Union: The immediate step should be the formal registration of the Samsung India Workers Union (SIWU) under the Trade Unions Act, 1926, enabling workers to exercise their right to collective bargaining.
  • Dialogue Between Stakeholders: Encourage open dialogue between Samsung, the government, and the workers through the workmen committee to address concerns and avoid unnecessary escalation of tensions.
  • Clarify Trademark vs. Union Rights: Resolve Samsung’s trademark concerns by clearly distinguishing between the protection of business names and workers’ rights to unionise, ensuring compliance with both the Trade Marks Act, 1999, and the Trade Unions Act.
  • Strengthen Worker Representation: Increase the workers’ voice in management decisions, in line with Article 43A of the Constitution, promoting participatory management to avoid future disputes.
  • Enforce Labour Law Compliance: Ensure that the Industrial Disputes Act, 1947, and other relevant labour laws are followed, providing a fair platform for resolving disputes through legal mechanisms rather than force.
  • Promote Industrial Peace: Both parties should focus on long-term collaboration and the importance of maintaining industrial harmony for mutual growth and development.

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Conclusion

A fair resolution requires respecting workers’ fundamental rights to unionise while addressing corporate concerns through dialogue. Constructive negotiations, rather than conflict, will ensure a sustainable and cooperative industrial environment.

Recently, India ordered the expulsion of six Canadian diplomats and announced the withdrawal of its High Commissioner to Canada, along with other “targeted diplomats”.

India-Canada Relations

Recent Events and Diplomatic Tensions

  • Nijjar Killing
    • Canadian Prime Minister Justin Trudeau informed Parliament on September 18, 2023, of “credible allegations” linking Indian government agents to the killing of Hardeep Singh Nijjar.
      • A Canadian citizen and pro-Khalistan activist involved in promoting separatism in India.
    • India refuted the allegations, accusing Canada of allowing its citizens to promote violent separatism (Khalistan movement).
  • Escalation into Political Tensions
    • Initially confined to diplomatic discussions, the issue escalated into personal political attacks. This shift complicates future diplomatic efforts.
    • Trudeau publicly discussed the matter, including a meeting between Indian National Security Advisor Ajit Doval and his Canadian counterpart in Singapore on October 12, 2024.
  • Diplomatic Fallout
    • Canada asked India to lift the diplomatic immunity of six Indian diplomats, a request India denied.
    • In retaliation, India recalled the diplomats and expelled six Canadian diplomats. 
    • Earlier, India had also asked Canada to reduce its diplomatic presence in India.

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Key Issues and Discrepancies in relation

  • Diplomatic Immunity & Allegations
    • Canada claims the six Indian diplomats were involved in illegal intelligence gathering. 
    • India strongly condemned this as baseless and “propagandistic,” highlighting that diplomatic immunity is a standard norm.
  • Khalistan Movement
    • India criticises Canada’s leniency towards Khalistan supporters, viewing their activities as threats to India’s territorial integrity.
    • Canadian officials argue that these activities, while concerning, are lawful under Canada’s free speech laws.
  • Western Democracies’ Double Standards
    • The irony of Western nations, including Canada, that often disregard fundamental freedoms when their security interests are at risk.
    • Trudeau’s previous comments on India’s domestic issues are seen by India as violations of international norms.

Diplomatic Immunity

  • Diplomatic Immunity: Principle of international law as per which foreign government officials are not subject to jurisdiction of local courts and other authorities for both their official and personal activities.
  • Vienna Convention on Diplomatic Relations, 1961: Extends privileges and immunities to diplomatic staff.
    • India acceded to it in 1965 and ratified in 1972 through Diplomatic Relations (Vienna Convention) Act of 1972.
  • Termination of Diplomatic Relations: Convention outlines the procedures for the termination of diplomatic relations between states Including the withdrawal of a diplomatic agent and the closure of a diplomatic mission.
  • Consular Relations: Vienna Convention on Consular Relations, adopted in 1963, complements the VCDR by establishing rules for consular relations between states
    • While the VCDR primarily deals with diplomatic missions
    • Convention on Consular Relations focuses on consular missions and officers.

Impacts and Concerns due to recent Issues

Impact on Economic Relations

  • Canadian Investments in India:
    • Canada has around $75 billion invested in India’s economy, especially in infrastructure, financial services, fintech, real estate, etc.
    • Major investors include Canadian Pension Plan Investment Board (CPPIB) and Caisse de dépôt et placement du Québec (CDPQ).
    • 600 Canadian companies are present in India, and more than 1,000 Canadian firms are pursuing business.
  • Missed Trade Deal:
    • Negotiations on a Free Trade Agreement (FTA) between India and Canada have been stalled.
    • The FTA would have enhanced exports of Indian garments, pharmaceuticals, and machinery, along with greater collaboration in services.
  • Minimal Trade Impact: Despite political tensions, the private sector has maintained trade flow. 
    • No major trade restrictions have been introduced by either country so far.

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Strategic Concerns

  • Geopolitical Shift: India’s attempt to deepen economic ties with other Western countries, including the European Union and the UK, could offset any negative impact from deteriorating relations with Canada.
  • Western Support: India is likely to engage with key Western allies to counter Canadian accusations and build international consensus.

Potential Future Impact

  • Long-Term Diplomatic Fallout: Escalation may lead to worsening of ties, impacting bilateral business engagements, trade, remittances, and educational cooperation.
  • Investment Shifts: Despite tensions, the Indian market remains attractive for global investors, and Canadian investments could be rerouted via other countries like Singapore or UAE.

Principle of reciprocity in diplomatic relations

  • The principle of reciprocity in international law involves treating foreigners on par with citizens to the extent provided and regulated by specific intergovernmental agreements. 
  • It involves permitting the application of the legal effects of specific relationships in law when these same effects are accepted equally by foreign countries. 
  • In international law, reciprocity means the right to equality and mutual respect between states. 
  • It is based on the idea that actions and concessions made by one party should be met with a similar response from the other.

Bilateral Relations

  • India established diplomatic relations with Canada in 1947.
  • Canada was among the first countries associated with India’s nuclear programme, but the relationship ruptured after India’s nuclear tests in 1974.
  • In April 2015, the bilateral relation was elevated to a strategic partnership.
  • Bilateral Mechanisms: Both sides pursue bilateral relations through the dialogue mechanisms such as
    • Ministerial level- Strategic, Trade and Energy dialogues;
    • Foreign Office Consultations; and 
    • Other sector specific joint working groups (JWG).
  • Consular Matters: Signed Mutual Legal Assistance Treaty in 1994 and Extradition Treaty in 1987.
  • Nuclear Cooperation Agreement: Signed in 2010 under which the Joint Committee on Civil Nuclear Cooperation was instituted.
  • Trade Statistics and Dependencies
    • India was Canada’s 10th largest trading partner.
      • Bilateral trade in FY 2024: $8.4 billion.
      • Showed declining trend in 2023 (USD 7.65 billion from USD 10.50 billion in 2022).
    • India’s Total exports to Canada: US$ 4.10 billion in 2022-23 
      • Major items of India’s Exports to Canada:  Gems, Jewellery and Precious stones, Pharmaceutical products, Ready-made garments, Mechanical appliances, Iron and Steel articles, etc.
    • India-Canada RelationsIndia’s Imports from Canada: US$ 4.05 billion in 2022-23 (Nearly Equal to Exports)
      • India’s imports from Canada: Pulses, Newsprint, Wood pulp, asbestos, potash, iron scrap, copper, minerals, and industrial chemicals, etc. 
    • Canada Investment in India: 18th-largest foreign investor in India which is 0.5 per cent of the total foreign direct investment (FDI) inflows into India. 
      • Canadian pension funds have cumulatively invested around US $55 billion in India. 
      • Cumulative FDI from Canada since 2000 is about US$4.07 billion.
      • Services and infrastructure  together accounted for close to 41 per cent of Canadian FDI into India.
    • Both sides are engaged in technical negotiations for a Comprehensive Economic Partnership Agreement (CEPA) including trade in goods, services, investment, trade facilitation etc. 
  • Science and Technology Cooperation:
    • IC-IMPACTS (the India-Canada Centre for Innovative Multidisciplinary Partnerships to Accelerate Community Transformation and Sustainability) is the only Canada-India Research Centre of Excellence as a Centre dedicated to the development of research collaborations between Canada and India.
    • Department of Earth Science and Polar Canada have started a programme for exchange of knowledge and scientific research on Cold Climate (Arctic) Studies
  • Space Cooperation:
    • ISRO and CSA (Canadian Space Agency) have signed MOUs for cooperation in the field of exploration and utilisation of outer space and two Implementation Arrangements specifically addressing satellite tracking and space astronomy have also been signed.
    • ANTRIX, the Commercial arm of ISRO has launched many Canadian Satellites.
      • ISRO launched its 100th Satellite from PSLV in 2018, also flew Canadian first LEO (Low earth Orbit) satellite.

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Indian Diaspora and Remittances

  • Canada hosts one of the largest Indian diasporas in the world, numbering 16 lakh people of Indian origin, accounting for more than 3 percent of the total Canadian population and 700,000 NRIs.
    • As per the 2021 Canadian census, Sikhs account for 2.1 per cent of Canada’s population, and are the country’s fastest growing religious group. 
    • India-Canada RelationsAfter India, Canada is home to the largest population of Sikhs in the world.
  • Indian Students:
    • India became the top source of foreign students (nearly 40 per cent of all international students in Canada) studying in Canada2.3 lakh, according to 2022 data.
    • Indian students are studying in Canada, contributing significantly to remittance flows and Canada’s economy.
  • Remittances from Canada: Canada Contributed 0.6 per cent of the total inward remittances in 2021-22.

Possible Measures by India

  • Impact on Education Sector:
    • India could restrict Indian students from studying in Canada.
    • Could cripple Canada’s education system, given that nearly 25% of foreign students in Canada are Indian.
  • India-Canada RelationsOCI (Overseas Citizen of India) Card Cancellations:
    • India could cancel OCI cards of pro-Khalistan Canadian citizens of Indian origin, forcing them to reconsider involvement in the movement.
  • Property and Visa Measures:
    • India could suspend property rights for Khalistani supporters.
    • Delay visas or increase scrutiny on Canadian citizens of Indian descent involved in separatist activities.
    • India may also suspend multiple-entry visas for suspected Canadian citizens of Indian descent.
  • Trade Sanctions:
    • India could impose trade restrictions on Canada.
    • Canada is a top-10 trading partner of India, but India has a trade surplus with Canada.
    • India could freeze Canadian financial institutions’ investments in India (Canadian pension funds have large stakes in India’s economy).

Way Forward for India-Canada Relations

  • Diplomatic Engagement and Dialogue: Both nations should prioritise quiet diplomacy and back-channel talks to de-escalate tensions. 
    • Continued engagement through multilateral forums like the G20 and UN could offer opportunities for constructive dialogue.
  • Addressing Mutual Security Concerns: Canada must take concrete action against anti-India elements, such as pro-Khalistan activists, operating on its soil. India, in turn, should engage with Canadian authorities on the evidence they have presented and ensure transparency in addressing allegations.
  • People-to-People Ties: Despite diplomatic strains, the Indian diaspora in Canada plays a vital role in maintaining strong bilateral ties. Both countries should ensure that students, skilled workers, and businesses are not adversely impacted by political tensions.
  • Reaffirming Trade and Investment Relations: Resuming discussions on the Free Trade Agreement (FTA) and exploring new avenues for economic cooperation can help stabilize relations. 
    • Canada’s investments in India and vice versa should be kept insulated from political conflicts to ensure mutual economic benefits.
  • Collaborating on Global Issues: India and Canada can work together on shared concerns such as climate change, sustainable development, and global security
    • Leveraging common ground in multilateral settings can help maintain cooperation in non-controversial areas.
  • Maintaining a Balanced Approach: India should continue engaging with its Western allies to explain its position and avoid diplomatic isolation. 
    • Canada, on its part, must weigh the long-term geopolitical consequences of allowing domestic politics to dictate foreign policy, particularly with a rising global power like India.

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Conclusion

The current strain in India-Canada relations can only be addressed through sustained diplomacy, mutual respect for sovereignty, and practical cooperation on shared interests. Both nations should focus on long-term strategic benefits, ensuring that political differences do not undermine their historically strong ties and economic partnerships.

The Chief Election Commissioner said that Exit polls are creating a huge distortion by raising expectations that do not match actual results.

Key Issues Highlighted by CEC

  • Lack of Transparency: Exit poll results are often presented without disclosing the sample size, survey locations, and methodology, raising concerns about their credibility.
  • Pollster Accountability: Pollsters face no consequences when their exit poll predictions do not match actual results.
  • Premature Predictions: Exit polls create unrealistic expectations, especially with leads being broadcast before vote counting even begins.
  • Early Trends Manipulation: Early trends are flashed by 8:05 a.m., even though vote counting officially starts at 8:30 a.m., leading to distortion of public perception.
  • Self-regulation Needed: The CEC emphasised the role of self-regulatory bodies to improve exit poll practice.

What is an exit Poll?

  • An exit poll is a post-voting survey conducted after voters have cast their votes, aiming to predict the outcome of elections by collecting data on how individuals voted.
  • In India, the regulation of exit polls is tightly controlled by the Election Commission of India (ECI) to prevent any undue influence on voters or election outcomes.

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Regulation of Exit Polls in India

  • Election Commission Guidelines: Under Article 324 of the Constitution, the ECI has issued guidelines prohibiting the publication of exit polls and pre-election surveys during the voting period.
    • Media outlets must register with the ECI before conducting exit polls and must disclose the methodology, sample size, margin of error, and polling agency details when broadcasting exit or opinion poll results.
  • Section 126A of the Representation of the People Act, 1951: It specifically prohibits the conduct and dissemination of exit poll results by any form of media (print or electronic) during a specified period.
    • The prohibition lasts from the start of polling in the first phase until half an hour after the polls close in the last phase across all states. This ensures that voting is not influenced by the perceived outcomes predicted by exit polls.
  • Timing Restrictions: Exit polls are not allowed during the actual voting period, ensuring that voters cast their votes independently of any influence from early poll predictions.

The Union Health Ministry has warned states and institutions for functioning without regular transplant coordinators, a critical role under the National Organ Transplant Programme (NOTP).

  • NOTP has provision for two transplant coordinators for government medical colleges and one for well-performing private medical colleges.

National Organ Transplant Programme scheme

  • The National Organ Transplant Programme (NOTP) is aimed at improving access to life-saving organ transplants for needy citizens.
  • The current phase of the scheme covers the period from 2020-21 to 2025-26.
  • Key objectives of the NOTP:
    • Promote deceased organ donation
    • Improve access to transplantation for needy citizens
    • Bridge the gap between availability and demand for organs and tissues
    • Enhance organ donation rates in India

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Strategies and activities under the NOTP

  • Awareness campaigns: Conduct public awareness campaigns to educate people about organ donation and dispel myths and misconceptions.
  • Training and capacity building: Train healthcare professionals in organ donation and transplantation procedures.
  • Establishment of infrastructure: Develop a network of organ procurement and transplantation organisations (OPTOs) across the country.
  • Financial assistance: Provide financial support to needy transplant recipients and deceased donors.
  • Coordination and collaboration: Collaborate with various stakeholders, including government departments, NGOs, and medical institutions, to promote organ donation and transplantation.

Achievements of the NOTP

  • Increase in organ donation rates: The organ donation rate in India has increased significantly since the launch of the NOTP.
  • Establishment of OPTOs: A network of OPTOs has been established across the country, facilitating organ procurement and transplantation.
  • Improved access to transplantation: More patients have been able to receive life-saving organ transplants due to the NOTP.

Organ Transplantation Data in India (2023)

National Organ Transplant Programme scheme

  • Global Context: India ranks third globally in total annual organ transplants, after the USA and China.
  • Predominantly Living Donor-Based System:
    • Kidney and liver transplants are largely carried out with living donors.
    • Less frequent transplants: Heart, lung, pancreas, and small bowel.
  • Highest Organ Transplants : Of the total 18,378 organ transplants in the country in 2023, 10% were to foreign nationals who had come to India for treatment.
  • Donors: 63% living donors were women while 77% of deceased donors were men
  • Recipients: 30% were women (Proportion being the highest among lung recipients at 47%)
  • India achieved another milestone in 2023:More than 1,000 deceased organ donors in a year for the first time.

About Organ Transplantation

  • Transplantation: It involves surgically removing an organ, tissue, or group of cells from a donor and transplanting it into the recipient, or relocating it within the same individual.
  • Steps Involved in Organ Transplantation:

National Organ Transplant Programme scheme

Eligibility for Organ Donation in India

  • Living Donors: Living donors must be at least 18 years old, have no infectious diseases, active cancer, or severe infection, and are typically restricted to donating to immediate blood relatives.
  • In special cases, donations can also be made out of affection and attachment for the recipient.
  • Living donors are eligible to donate the following organs:
    • One of their kidneys
    • A portion of the pancreas
    • Part of the liver
  • Deceased Donors: They have an opportunity to donate six vital organs: kidneys, liver, heart, lungs, pancreas, and intestine.
  • While uterus transplants are performed, they are not classified as life-saving organs. 
    • Consent from the family is required for organ donation from a person declared legally dead.
  • 2023 Revised Guidelines for Organ Donation:
    • Upper age limit of 65 years for receiving deceased donor organs was removed.
    • The domicile requirement for registering patients for deceased donor transplants was removed to increase accessibility.

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Legislation Governing Organ Transplantation in India

  • Transplantation of Human Organs and Tissues Act (THOTA): It was  enacted in 1994 and amended in 2011, establishes the legal framework for organ transplantation in India. 
  • This law governs multiple facets of organ donation and transplantation, including the recognition of brain death as a form of death and the necessity of family consent for organ donation following brain death.

Organ Transplant Governance

  • The National Organ & Tissue Transplantation Organization (NOTTO), located in New Delhi, coordinates procurement and distribution of organs nationwide.
  • Five Regional Organ and Tissue Transplant Organizations (ROTTOs) and 14 State Organ and Tissue Transplant Organizations (SOTTOs) have been established under NOTP.
  • National Network division of NOTTO: It function as apex center for all India activities of coordination and networking for:
    • Procurement and distribution of organs and tissues.
    • Registry of Organs and Tissues Donation and Transplantation in the country.

Mumbai police have confirmed that Dharmaraj Kashyap is not a minor using Bone Ossification test.

Age Determination Key in Dharmaraj Kashyap Case under Juvenile Justice Act

  • The case involved the accused Dharmaraj Kashyap, who claimed to be 17 years old during the investigation into the murder of former Maharashtra MLA Baba Siddique.
  • It brings into focus the significance of age determination in India’s criminal justice system, particularly in relation to the Juvenile Justice (Care and Protection of Children) Act, 2015.

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About Bone Ossification Test

Bone Ossification Test

  • Ossification: It is the natural process of bone formation, which continues until late adolescence. The stage of bone development helps determine the approximate age of an individual.
  • Procedure of Test : X-rays are taken of certain bones, such as the clavicle, sternum, and pelvis to determine the degree of growth in our bones skeletal development.
    • These bones are chosen because they tend to undergo the most dramatic changes in their form as a person ages.
    • The results are compared with standard reference points for bone maturity.
  • Reliability: Although the ossification test provides an estimated age range, it is not entirely accurate due to individual variations in bone maturation.
    • Vinod Katara vs. The State of UP (2022): The Session Court said that the bone ossification test is not an exact science that can provide us with the exact age of the person.
  • Margin of error: Courts have acknowledged this variability and often allow a margin of error of up to two years.
    • The Delhi High Court ruled that in POCSO (Protection of Children from Sexual Offences) Act cases where the age of the victim is determined through an ossification test, the upper age in the test’s reference range should be considered.
  • Courts have established that the ossification test cannot overrule valid documentary evidence of age. 
    • Documentary proof (such as Aadhaar cards or birth certificates) takes precedence, and the test is used only when such documentation is unavailable or disputed.

Legal Framework for Age Determination

  • Section 94 of the J J Act: If a person’s appearance clearly indicates they are a minor, the JJB can proceed without further age confirmation. 
    • However, if there is doubt, a thorough process must be undertaken, starting with documentary evidence such as a school certificate or birth certificate.
  • Use of ossification test: Only in the absence of valid documentary evidence should medical tests like ossification be used as the last resort.

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Importance of Age Determination in Criminal Justice

  • Juvenile status: In India, individuals under 18 years of age are considered minors, and their treatment under the law differs significantly from that of adults. 
    • Minors are tried under the Juvenile Justice (J J) Act, which emphasizes rehabilitation and correction rather than punishment.
  • Juvenile Justice Board (JJB): A child in conflict with the law is brought before the JJB, which includes a magistrate and two social workers.
    • The JJB has discretion in determining the rehabilitation measures, such as community service or up to three years in a special home.
  • Special cases for children above 16 years: The 2021 amendment to the J J Act allows minors aged 16 to 18, accused of heinous crimes (punishable with seven or more years of imprisonment), to be tried as adults if they are assessed to have the mental and physical capacity to understand the nature and consequences of the crime.

India has crossed a significant milestone in its renewable energy journey, with total renewable energy capacity exceeding 200 GW as of October 10, 2024.

Renewable Energy

  • According to the Central Electricity Authority, the total renewable energy-based electricity generation capacity now stands at 201.45 GW.

India’s Renewable Energy Share Rises to 46.3% of Total Capacity

  • Increased Share in total Energy: Renewable energy now constitutes 46.3% of the country’s total electricity generation capacity, marking a major shift in India’s energy landscape.
  • Renewable Energy Landscape in India: As of October 2024, India’s total electricity generation capacity stands at 452.69 GW, with renewable energy accounting for 201.45 GW of that capacity.

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Role of Government

  • Government Schemes and Programmes: India’s push towards renewable energy is supported by various government initiatives as shown in the Table.

Scheme/Programme Key Provisions
National Green Hydrogen Mission
  • Aims to produce 5 million tonnes of green hydrogen annually by 2030.
  • Promotes development of green hydrogen production, storage, and export facilities.
PM-KUSUM Scheme
  • Aims to install solar pumps and grid-connected solar power plants in rural areas.
  • Provides subsidies for farmers to install solar irrigation pumps.
PLI Schemes for Solar PV Modules
  • – Offers incentives for manufacturing high-efficiency solar PV modules in India.
  • – Encourages domestic production to reduce dependence on imports.
Waiver of Inter-State Transmission System Charges
  • Waives transmission charges for solar and wind projects commissioned by June 2025.
  • Green hydrogen projects are exempt from transmission charges until December 2030.
Ultra Mega Renewable Energy Parks
  • Establishes large-scale renewable energy parks to provide land and transmission for solar and wind projects.
  • Attracts investment and accelerates project development.
National Repowering and Life Extension Policy
  • Focuses on repowering older wind power projects to enhance their efficiency.
  • Aims to increase the capacity and output of aging wind turbines.
Strategy for Establishment of Offshore Wind Projects
  • Aims to set up 37 GW of offshore wind energy by 2030.
  • Provides a clear roadmap for development and deployment of offshore wind energy projects, including regulatory and investment frameworks.

  • The government has also introduced several policy measures to promote renewable energy:
    • Renewable Purchase Obligation (RPO)  and Energy Storage Obligation Trajectory 2029-30.
    • Renewable EnergyGreen Energy Open Access Rules 2022, to promote renewable energy.
    • Electricity (Rights of Consumers) Rules, 2020, for net-metering up to 500 kilowatts.
    • Green Term Ahead Market (GTAM), to facilitate the sale of renewable energy power through exchanges.
  • Leading States in Renewable Energy Capacity: Rajasthan, Gujarat, Tamil Nadu and Karnataka.
    • These states play a crucial role in driving India’s renewable energy goals, leveraging favorable geographic conditions for solar and wind energy.

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Significance of the achievement in Renewable Energy

  • Sustainable Development Goal 7: Under SDG 7 India aims to ensure access to affordable, reliable, sustainable, and modern energy for all’ by 2030.
  • India’s Energy Target: In line with the ambitious target of 500 GW of installed capacity from non-fossil fuel sources by 2030.
  • Energy Security: The country’s proactive approach to diversifying energy sources not only enhances energy security but also contributes significantly to mitigating climate change. 

WHO team reaches Rajasthan’s Deeg after 7 children die of diphtheria in a month.

Challenges in Diphtheria Vaccination

  • Vaccination Efforts: Large-scale vaccination drives initiated, especially targeting children, as diphtheria is a vaccine-preventable disease.
  • Resistance to Vaccination: Local population reluctant to vaccinate children due to superstition and misinformation.
  • Previous Drives: Multiple vaccination drives have been organized in the past, but opposition from locals has hindered progress.

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About Diphtheria

Diphtheria

  • Contagious Bacterial Infection: A serious bacterial infection caused by Corynebacterium diphtheriae.
    • The bacteria produces a toxin affecting the upper respiratory tract, heart, and nerves.
  • Transmission: Spread through respiratory droplets (coughing or sneezing)
    • It can also spread through contact with infected sores/ulcers.
  • Symptoms: Fever, sore throat, swollen neck glands, weakness, and grey coating in the throat, making breathing difficult.
  • Complications: Includes heart inflammation, nerve damage, and can be fatal in around 30% of untreated cases, especially in children under 5 years old.
    • Over Fatality rate is around 15% in Children.

Prevention for Diphtheria

  • Vaccine Preventable: Diphtheria is prevented by vaccines, usually given in combination with tetanus, pertussis, and other childhood diseases.
  • Multiple Doses: Requires 6 doses of vaccine from infancy to adolescence for long-term protection.
  • Routine Immunisation: Covered under the Universal Immunization Program in India as Diphtheria, Tetanus, and Pertussis (DTP).

Risk Factors

  • Non-immunized/Under-vaccinated Individuals: Most at risk, with outbreaks occurring when vaccination coverage drops.
  • Under-vaccination Impact: Recent diphtheria outbreaks have highlighted the need for sustained high levels of vaccine coverage.

Treatment for Diphtheria

  • Antitoxin & Antibiotics: Diphtheria antitoxin (DAT)neutralizes unbound toxins, while antibiotics prevent further bacterial growth.
  • Supportive Care: Airway obstruction and myocarditis are monitored and treated to reduce complications.
  • Contact Precaution: Close contacts of patients should receive antibiotics and vaccination if unvaccinated or under-vaccinated.

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Vaccination Status for Diptheria

  • Global Coverage: In 2023, 84% of children worldwide received 3 doses of diphtheria vaccine, but 16% remain under or unvaccinated.
  • India Coverage: The coverage rate for DPT3(the third dose of diphtheria, pertussis and tetanus) vaccines, in India rose to an all-time of 93% in 2022.
  • Coverage Variations: Significant differences in vaccination levels between and within countries.

Prevention of Diptheria

  • High Coverage: Community-wide vaccination embedded in primary healthcare is the most effective prevention.
  • Combination Vaccines: Diphtheria vaccines are often combined with vaccines for tetanus, pertussis, and others, increasing protection against multiple diseases.

The Central Consumer Protection Authority Issues Guidelines for Prevention and Regulation of Greenwashing and Misleading Environmental Claims 2024 

  • It issued in furtherance to the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022 under the Consumer Protection Act, 2019.

CCPA Issues Guidelines on Misleading Environmental Claims in Ads

  • CCPA has exercised its mandate to regulate matters relating to misleading advertisements which are prejudicial to the interest of public and consumers.
  • The guidelines will apply to all environmental claims made by manufacturers, service providers or traders whose goods, products or services are the subject of an advertisement.
  • It will also apply to an advertising agency or endorser whose service is available for the advertisement of such goods, products or services.

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Key Features of the Guidelines by CCPA

  • Clear Definitions: Guidelines provide clear definitions of terms related to greenwashing and environmental claims to ensure that both businesses and consumers have a common understanding.
  • Transparency Requirements: Manufacturers and service providers are required to substantiate their environmental claims with credible evidence by providing detailed information on the methodology and data used to support such claims.
  • Prohibition of Misleading Terms: Use of vague or misleading terms such as “eco-friendly,” “green,” and “sustainable” without proper substantiation is sought to be prohibited.
  • Adequate Disclosures: Companies are required to provide clear and accessible disclosures of material information. 
    • Claims must specify the aspect referred to such as goods, manufacturing process, packaging, etc. and must be supported by credible certification or reliable scientific evidence.

What is Greenwashing?

  • Greenwashing refers to companies, organisations, or even countries making questionable or unverifiable claims about being environmentally or climate-friendly.
  • These unsubstantiated claims are used to deceive consumers into believing that a company’s products are environmentally friendly.
    • For example in the 2015 Volkswagen scandal, the company cheated on emissions tests for its “green” diesel vehicles.
  • Misleading Claims: Companies and governments often exaggerate or mislead regarding their eco-friendly initiatives. 

Central Consumer Protection Authority 

  • Establishment: CCPA was established in July 2020 under the Consumer Protection Act, 2019.
  • Aim: To protect the rights of consumers by cracking down on unfair trade practices and false and misleading advertisements that are detrimental to the interests of the public and consumers.
  • Nodal Ministry:  Ministry of Consumer Affairs, Food & Public Distribution.
  • Composition: Chief Commissioner as head and two other commissioners as members.
    • One of whom will deal with matters relating to goods while the other will look into cases relating to services.
  • Powers:Make interventions when necessary to prevent consumer detriment arising from unfair trade practices and to initiate class action.
    • It can take suo-moto actions, Recall products, order reimbursement of the price of goods/services, cancel licences.
    • Pass orders of discontinuation of practices that are unfair and prejudicial to consumers’ interests and impose penalties in cases of false or misleading advertisements
  • Investigation wing: Headed by a director-general, which may conduct inquiry or investigation into consumer law violations.

  • Corporate Accusations: Big corporations such as Shell, BP, and Coca-Cola have faced accusations of greenwashing.
  • Rising Pressure: Increasing awareness of climate change has led to pressure on corporations and governments to reduce environmental damage.
    • Many have legal commitments and targets to meet.
  • Countries Involved: Nations can also greenwash by overstating their forest carbon absorption potential or the impact of new carbon regulations.Carbon Trading Scrutiny: Carbon trading and carbon offset mechanisms, like air travel being offset by tree planting, are often questioned for their scientific validity and may lead to greenwashing.
  • UN’s Stand: The UN Secretary-General called for zero tolerance on greenwashing, establishing an expert group to curb misleading practices by non-state entities like corporations or regions with net-zero goals.
  • Types of Greenwashing: Sometimes companies genuinely overestimate their environmental impact, but intentional misleading practices are more serious.

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Other related terms

  • Bluewashing: When companies or organizations emphasise their commitment to social and environmental responsibility, often by associating with organisations like the United Nations (UN), without actually making significant or impactful changes. 
    • It’s a form of misleading claims to appear ethical or socially responsible.
  • Pinkwashing: When companies market themselves as supportive of LGBTQ+ rights to appear progressive, while not taking real or meaningful actions to support the LGBTQ+ community.
    • It can involve using Pride symbols for profit without genuine advocacy for LGBTQ+ causes.
  • Purplewashing: Similar to pinkwashing, but specifically refers to companies promoting themselves as champions of gender equality or feminism, often to appeal to women consumers, while not addressing or improving gender issues within their organisations or practices.
  • Brownwashing: When companies claim to be supportive of racial justice or diversity, especially after movements like Black Lives Matter, without implementing real changes in terms of inclusivity or racial equity. 
    • It’s about appearing supportive of marginalized racial groups while doing little to address systemic issues.

The Nagarjuna Sagar-Srisailam Tiger Reserve (NSTR) has been ranked first among India’s 55 tiger reserves for its leopard population, with an estimated 360 leopards as per the ‘EnviStats India-2024’ report.

EnviStats India-2024 Report

  • The Ministry of Statistics and Programme Implementation (MoSPI) released the 7th edition of the ‘EnviStats India-2024: Environment Accounts’.
  • The report estimated India’s leopard population at around 13,874.
  • Andhra Pradesh houses about 569 leopards, with the Nagarjuna Sagar-Srisailam Tiger Reserve (NSTR) alone sheltering nearly 360.
  • Leopard population surveys differ from those of tigers and lions
    • Experts analyse footprints to distinguish between male and female leopards, with males’ footprints typically squarer, while females’ are more rectangular. 
    • Leopard footprints measure between 7 cm to 8 cm, compared to 14 cm to 15 cm for tigers.

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Nagarjuna Sagar-Srisailam Tiger Reserve (NSTR)

Nagarjuna Sagar Srisailam Tiger Reserve

  • Location: Situated in the Nallamala hills of Andhra Pradesh, an offshoot of the Eastern Ghats.
    • The tiger reserve spans across five districts of Andhra Pradesh and Telangana. 
  • It is India’s largest tiger reserve with the most extensive Critical Tiger Habitat area with more than 80 Tigers.
  • Named after Nagarjuna Sagar and Srisailam Dams, the reserve also includes the Rajiv Gandhi Wildlife Sanctuary and Gundla Brahmeswaram Wildlife Sanctuary.
  • River Krishna traverses through this reserve.
  • Vegetation: Tropical dry deciduous forests with bamboo and grass undergrowth.
  • Fauna: Includes tigers, leopards, wolves, wild dogs, and jackals.
  • Prey Species: Sambar, chital, wild boar, and more.

About Leopards

Nagarjuna Sagar Srisailam Tiger Reserve

  • Scientific Name: Panthera pardus.
  • The smallest of the big cats, known for its adaptability to various habitats.
  • Nocturnal and preys on smaller herbivores like chital and wild boar.
  • Habitat: Found across Africa to Asia, including the Indian subcontinent.
  • Madhya Pradesh has the highest leopard population at 3,907, followed by Maharashtra, Karnataka, and Tamil Nadu.
  • Conservation Status:
    • IUCN Red List: Vulnerable
    • CITES: Appendix-I
    • Indian Wildlife (Protection) Act, 1972: Schedule-I

Mechazilla

Context: SpaceX has achieved a significant milestone in space exploration by landing its Starship rocket using an innovative structure called “Mechazilla.”

What is Mechazilla?

  • Mechazilla is the nickname for SpaceX’s 400-ft tall rocket-catching structure at Starbase, Texas.
  • It has two massive mechanical arms, called “chopsticks,” designed to catch the Super Heavy booster mid-air as it returns to Earth.
  • Aimed at revolutionising rocket recovery by making it more efficient and reusable.

How Mechazilla Works?

  • Launch and Ascent: Starship rocket with Super Heavy booster launches.
  • Booster Separation: After reaching a certain altitude, the booster separates from the upper stage.
  • Controlled Descent: The booster uses thrusters to descend back to Earth.
  • Catching the Booster: Mechazilla’s arms catch the booster mid-air for a controlled landing.

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Significance of Mechazilla

  • Reusability: Reduces wear and tear on the booster, allowing quick refurbishment for future launches.
  • Cost Reduction: Enables rapid turnaround time, reducing the overall cost of space missions.
  • Environmental Impact: Less damage to boosters compared to traditional sea landings, reducing environmental harm.

Future Implications

  • More Frequent Space Missions: Mechazilla will allow faster reuse of rockets, increasing the frequency of launches.
  • Cost-Effective Space Exploration: By reducing costs, SpaceX can make space exploration more accessible.
  • Interplanetary Missions: Supports Elon Musk’s vision of interplanetary travel, including future missions to Mars and the Moon.

 

Prime Minister Early Career Research Grant (PMECRG)

Context: The newly operationalised Anusandhan National Research Foundation (ANRF) recently announced the launch of first two of its initiatives— the Prime Minister Early Career Research Grant (PMECRG) and the Mission for Advancement in High-Impact Areas -Electric Vehicle (MAHA- EV) Mission.

Prime Minister Early Career Research Grant (PMECRG)

  • Objective: To support early career researchers in contributing to India’s scientific excellence and innovation.
  • Key Focus:
    • Encourages young researchers to engage in innovative, high-quality research.
    • Expands knowledge boundaries and drives technological progress.
    • Aligns with ANRF’s goal of fostering a vibrant, research-driven ecosystem.
  • Impact: Aims to position India as a global leader in Science and Technology (S&T), nurturing early researchers to contribute to groundbreaking discoveries.

Significance of the Initiatives

  • PMECRG: Boosts innovation by empowering early-career researchers, driving India’s research potential and technological advancements.

Read More: Anusandhan National Research Foundation (NRF).

 

Mission for Advancement in High-Impact Areas -Electric Vehicle (MAHA-EV) Mission

Mission for Advancement in High-Impact Areas – Electric Vehicle (MAHA-EV) Mission

  • Objective: To develop a robust research and development ecosystem for Electric Vehicles (EV) in India, promoting domestic innovation and reducing import dependency.
  • Key Focus Areas:
    • Tropical EV Batteries and Battery Cells.
    • Power Electronics, Machines, and Drives (PEMD).
    • Electric Vehicle Charging Infrastructure.
  • Mission Goals:
    • Supports Atmanirbhar Bharat by fostering self-reliance in EV components.
    • Encourages collaboration across institutions to tackle critical scientific challenges.
    • Aims to establish India as a global hub for EV component development.

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Significance of the Initiatives

  • MAHA-EV Mission: Positions India as a global leader in the EV sector, aligning with sustainability goals and promoting electric mobility for a greener future.

 

Nile River Basin Cooperative Framework (CFA) agreement

Context: Recently, Regional partnership ratified the Nile River accord despite Egypt’s opposition, which is aiming for equitable water use and sustainability for all.

About Cooperative Framework Agreement (CFA)

  • CFA came into force on October 13, 2024, following ratification by six upstream countries.
  • Aims at equitable use of Nile River water resources among all riparian countries.
  • Seeks to replace outdated colonial-era agreements (1929 and 1959) that heavily favoured Egypt and Sudan.
  • Ratified by: Ethiopia, Uganda, Rwanda, Burundi, Tanzania. South Sudan’s recent ratification led to the agreement coming into force.
  • Opposed by: Egypt and Sudan, who fear it will diminish their share of Nile water.
  • Transition to Nile River Basin Commission (NRBC): The CFA aims to establish the NRBC, replacing the Nile Basin Initiative (NBI) to manage the Nile’s resources collectively.

Historical Agreements

Nile River Basin Cooperative Framework (CFA) agreement

  • 1929 Agreement: Signed by Egypt and the UK (on behalf of Sudan), giving Egypt the right to veto upstream water projects.
  • 1959 Agreement: Between Egypt and Sudan, allocating 75% of Nile waters to Egypt, leaving 25% to Sudan. These agreements excluded upstream nations.

About River Nile

  • The Nile River is the world’s longest river and a major source of water in Africa. 
  • The Nile is known as the “father of African rivers”.
  • The Nile is formed by three principal streams: the Blue Nile, the Atbara, and the White Nile.
  • Length: About 6,695 kilometres (4,160 miles) long
  • Basin: Includes parts of 11 African countries, including Egypt, Sudan, Ethiopia, Uganda, Kenya, the Democratic Republic of the Congo, Rwanda, Burundi, Tanzania, and South Sudan. 
  • Tributaries: Two main tributaries: the White Nile and the Blue Nile. 
    • The White Nile originates at Lake Victoria and flows through Uganda and South Sudan. 
    • The Blue Nile originates at Lake Tana in Ethiopia and flows into Sudan from the southeast. 
    • The two rivers meet at Khartoum, the capital of Sudan
  • Delta: forms an arcuate delta (triangular or fan-shape) as it empties into the Mediterranean Sea.

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