Win up to 100% Scholarship

Register Now

Dec 14 2023

Context: The International Diabetics Federations India Diabetes Report 2000-2045 called India the “diabetes capital of the world’ comprising  17% of the global diabetic population. 

Sugar Tax Advocacy: Combating Diabetes and Promoting Healthier Lifestyles

  • The World Health Organization (WHO) recommends reducing the intake of free sugars to less than 10% of one’s total energy intake.
  • Prominent Reasons for Higher Incidence: Higher intake of sugar as part of daily diets and its high content in products like sugar-sweetened beverages (SSBs).
    • It Includes products like carbonated or non-carbonated soft drinks, fruit or vegetable juices and drinks, liquid and powder concentrates, flavored water, energy and sports drinks, ready-to-drink tea, ready-to-drink coffee and flavored milk-based drinks.
  • Sugar Levy/Tax:  A tax on sugar can make sugar-rich products costlier, reducing their consumption and encouraging companies to cut the sugar content in their products.
Diabetes

It  is a chronic disease that occurs either when the pancreas does not produce enough insulin or when the body cannot effectively use the insulin it produces.

  • Insulin is a hormone that regulates blood glucose.
  • Types of Diabetes: There are 2 types of diabetes.
    • Type 1 diabetes : It is characterized by deficient insulin production and requires daily administration of insulin.Neither its cause nor the means to prevent it are known.
    • Type 2 diabetes:. It stops the body from using insulin properly, which can lead to high levels of blood sugar if not treated. It is often preventable.
      • Factors which contribute are being overweight, not getting enough exercise, and genetics.

What is Sugar Tax/ Levy?

A sugar tax (also called Soda tax) is a surcharge on sugar-sweetened beverages (SSBs) and sometimes other sweetened snacks.

Global Strategies: Sugar Tax on Beverages for Health and Revenue

A study conducted on analyzing the tax regimes of 122 countries based on World Bank information highlighted,

  • SSB taxation has slabs based on both the sugar content and volume of beverages. 
  • Distinctions are made between beverages with,
    • high sugar( carbonated and energy drinks) content
    • low sugar( low-calorie sweetened beverages,sweetened milk-based drinks, concentrates)content 
    • no sugar( pure fruit juices and unflavoured milk) content
  • Benefits: It leads to  Increased tax revenues, better health outcomes, faster product reformulations and enlarged export opportunities.

India’s Tax Dilemma: Challenges and Impact on Sugar Beverages

There is a  GST regime in place but it has systemic issues with  the country  yet to levy a layered sugar tax on SSBs.

  • Inverted duty structure: Tax on bottled water( 18%) v/s tax on  juice with high sugar  at 12% and a high-sugar milk-based drink at only 5%.
    • It results in making water pricier than a sugar based drink, making it out of reach for the larger population.
    • Gives an impression that  health is not a consideration when it comes to determining taxation policies.
    • Led to growth of a large counterfeit market, which does not pay tax.
  • All carbonated beverages:  face a steep 40% tax irrespective of their sugar content. High taxation will disincentivize entry of startups in the industry and stall new product innovations and halt exports growth as well.

Urgent Call for Sugar Tax: Balancing Health and Beverage Industry

  • Beverages industry:
    • Investment is low as it faces one of the highest GST rates globally.
    • India ranked 15th last year in terms of revenue generated from the beverages sector, In spite of being one of  the top producers of milk, fruits and vegetables,
  • Health considerations: India faces a double whammy of, undernutrition and malnutrition, resulting in India lagging behind SDG 3 ( Good Health and Well Being)
    • An  Indian Council of Medical Research (ICMR) study  on diabetes found that ,an estimated 101 million people in India were diabetic, while an estimated 136 million were pre-diabetic in 2021.

News source: livemint

 

Context: A bench of 7 Judges of the Supreme Court has unanimously held that unstamped arbitration agreements were legally enforceable, and the lack of proper stamping does not render an arbitration contract invalid, thus overruling its earlier judgement passed in April 2023.

More about News:

  • Legal Issue: The present case was based on the question of whether the Court should check the legal validity and stamping of the arbitration document before assigning an arbitrator. 
    • If two disagreeing parties can not concur on who the arbitrator will be, they can seek the court’s direction to appoint the arbitrator. 

Arbitration

What is Stamping?

  • Stamping refers to the act of paying stamp duty on the value of the agreement as per the Stamps Act, 1899. 
  • The quantum of stamp duty varies depending on the nature and geographical location of the agreement. 
  • While the central government fixes stamp duties on some agreements, state governments are empowered to fix stamp duties on some agreements executed within their borders.
  • Previous Judgment: The previous judgment by majority of 3:2  held that documents without a valid stamp, can not be recognised as a legal documents.
    • The judgment thus led to freezing the process of arbitration in such cases. 
  • Recent Judgment: The latest judgment overrules the previous verdict, holding that insufficient stamping is a curable defect and can not be a ground to stop the arbitration process. 

What is Arbitration?

  • Meaning: It is one of the types of Alternative Dispute Resolution, where the parties submit their dispute to a mutually agreed arbitrator outside the court. This arbitrator then makes a binding decision on the dispute. 
  • Characteristics: 
    • Arbitration is consensual and can occur only if both parties have agreed to it. 
    • The arbitrator’s or arbitral tribunal’s decision is final and easy to enforce. 

What are Alternative Dispute Resolution?

  • Alternative dispute resolution, or ADR, is a process in which a neutral third party—a mediator or arbitrator—helps parties who are embroiled in a dispute come to an agreement without going through the court-based adversarial dispute resolution. 
  • Types of ADR: See Image.

How can the Supreme Court review its own decision?

  • Under Article 137, the Constitution has empowered SC to review any judgment or order pronounced by it. Therefore, the Supreme Court can review any of its earlier judgments. 
    • For example– the Historic Judgement of the Kesavananda Bharati Case (1973), reviewed and overruled its judgment in the Golak Nath case (1967) 
  • Under Article 142, the Constitution confers unique power on the Supreme Court to do ‘complete justice’ between the parties. Therefore, the court can review its own decision, if it is required for complete justice. 

Source: Hindustan Times

 

Context: Under the Women Scientists Scheme (WOS) for STEM , thirteen unemployed women scientists have benefitted with the assistance of Rs.1.93 crore in the last five years.

Women in Science and Engineering-KIRAN (WISE-KIRAN)

  • Objective: To address the gender-specific challenges that often result in the exclusion of well-qualified women from S&T activities, particularly due to circumstances like career breaks associated with motherhood and family responsibilities
  • Holistic approach: The scheme is an holistic approach to address various challenges faced by women in their scientific journeys  through various kinds of programmes.
    • Women’s Instinct for Developing and Ushering in Scientific Heights & Innovations (WIDUSHI) : It  aims to encourage and support senior women scientists to conduct research in interdisciplinary areas of Science & Technology.
    • Women International Grant Support (WINGS):Indian women scientists are given the chance to do research in international research labs and academic institutions under the WINGS program.
    • Consolidation of University Research for Innovation and Excellence (CURIE):Strengthening research infrastructure, increasing research capability, and creating a supportive atmosphere for women’s institutions across the nation are the primary goals of CURIE.
    • Vigyan Jyoti: In order to attain gender parity across all streams, the Vigyan Jyoti initiative encourages girls to seek higher education and careers in STEM (Science, Technology, Engineering, and Mathematics), particularly in fields where women participate at a low rate. 
    • WISE Post-Doctoral Fellowship (WISE-PDF):It aims at providing opportunities to women to continue research after Ph.D. in Basic and Applied Sciences through independent project grants.
    • Gender Advancement for Transforming Institutions (GATI):The goal of GATI is to create an indigenous gender equity charter for STEMM (science, technology, engineering, mathematics, and medicine), with an emphasis on institutional reform.

Women Scientist Scheme: Empowering Talent Through WISE-KIRAN Initiative

  • Approximately 1962 women scientists have benefitted under the Women Scientist Scheme since 2018.
  • The scheme is a flagship program under the Women in Science and Engineering-KIRAN (WISE-KIRAN) Scheme.

Women Scientists Scheme: Bridging Career Gaps for Scientific Excellence

  • Objective: To provide opportunities to women scientists and technologists between the ages of 27 and 60 who have taken a break in their careers but want to return to the mainstream.
  • Eligibility Criteria:
    • Employment: Candidates who are involved in  regular employment are not eligible for WOS.
    • Educational Qualification:
      • Women Scientists who have a  PG degree  in basic Sciences, graduation or PG degree in professional courses and Ph.D. and have break in career are eligible for WOS.
      • Pupils who are registered in Ph.D and receiving any fellowship are not eligible to apply.
    • Break in Career: Minimum 2 years  break is required after a Ph.D award.
    • Nodal Agency: Department of Science and Technology, Ministry of Science and Technology.

News Source: PIB

 

Context: At the ongoing COP28 UN climate conference in the United Arab Emirates, the International Union for Conservation of Nature (IUCN) has released its latest update to the IUCN Red List which includes the first global freshwater fish assessment.

An Overview of New IUCN Red List

  • The update highlights the impact of illegal logging and trade on mahogany.
  • Red list: The IUCN Red List comprises 157,190 species out of which 44,016 are threatened with extinction.
  • Four subterranean fishes from Kerala found in water bodies under the surface are facing the risk of extinction.
    • IUCN Red List Endangered Category:  Kryptoglanis Shajii, Horaglanis Abdulkalami, Pangio Bhujia
    • Vulnerable category: Aenigmachanna Gollum (snakehead Gollum) 

Decoding the IUCN Red List: A Vital Biodiversity Indicator

  • Red List: Established in 1964, the International Union for Conservation of Nature’s Red List of Threatened Species has evolved to become the world’s most comprehensive information source on the global extinction risk status of animal, fungus and plant species.
  • Critical Indicator:The IUCN Red List is a critical indicator of the health of the world’s biodiversity.
  • For categories under Red List: Refer image

IUCN Report on Climate, Pollution, and Conservation

  • Risk of extinction: 25%  (3,086 out of 14,898 examined species) of the world’s freshwater fish species are at risk of extinction.
International Union for Conservation of Nature(IUCN)

  • IUCN brings together governments and civil society organizations, united under the common goal of protecting nature and conserving life on Earth.
  • It was established in 1948.
  • Headquarters: Switzerland.
  • It uses a set of quantitative criteria to evaluate the extinction risk of species.
  • Impact of climate change:Climate change affects at least 17% of vulnerable freshwater fish species through altered seasons, increasing sea levels that force saltwater to travel up rivers, and declining water levels.
    • Case study:  The large-toothed Lake Turkana robber (Brycinus ferox) of  Kenya has moved from Least Concern to Vulnerable on the IUCN Red List due to overfishing and climate-change events.
    • Case study: Green turtles are more at risk from climate change due to rising sea levels and high temperatures reduce the likelihood that their eggs will hatch and drown the young.
  • Threats from pollution: Pollution impacts 57% of freshwater fish species at risk of extinction.
    • Case study: Atlantic salmon has moved from Least Concern to Near Threatened mainly because of water pollution and sedimentation, primarily from logging and agriculture leading to higher mortality of young salmon.
  • Constructing dams and water extraction: It impacts  45% of the freshwater species. 
  • Overfishing: Overfishing threatens about 25% of the freshwater species
  • Invasive species, pests and diseases: These impact about 33% of the freshwater species.
  • Conservation Status Updates:
    • Scimitar-horned oryx (Oryx dammah) : The species has moved from Extinct in the Wild to the Endangered category.
    • Saiga antelope (Saiga tatarica) :The species conservation status has improved from Critically Endangered to Near Threatened.
    • Large-toothed Lake Turkana robber (Brycinus ferox): The species  has moved from Least Concern to Vulnerable
    • Atlantic salmon: The species  has moved  from Least Concern to Near Threatened 

News Source: IUCN

 

Context: India rejected the statement issued by the Organization of Islamic Cooperation (OIC) on the  Supreme Court’s judgement upholding the 2019 revocation of Article 370 of the Constitution. 

OIC’s Stand on Article 370: Addressing International Disputes and Collective Muslim Advocacy

  • The OIC secretariat called to reverse all illegal and unilateral measures taken to change the status quo of an internationally recognized disputed territory, about the 2019 amendment to remove Article 370. 
About Organization of Islamic Cooperation (OIC):

  • Purpose: To safeguard the interests of the Muslim world by uniting the collective voice of the Muslim world.
  • Formation: It was formed in 1969 following the criminal arson of Al-Aqsa Mosque in occupied Jerusalem.
  • Secretariat: Jeddah, Saudi Arabia
  • Members: 57  Nations.
    • India is not a member of it.

Supreme Court Verdict on Article 370 

  • Recently, the Supreme Court has upheld the abrogation of Article 370 related to Jammu and Kashmir. 
  • The apex court said Article 370 was enacted due to wartime conditions in the State and was meant to serve a transitional purpose. 
  • However, the court has observed that restoration of Statehood and elections should be prioritized. 

For More Information, Refer Supreme Court Verdict on Abrogation of Article 370

News Source: Livemint

 

Context: The Centre reintroduced three amended criminal reform bills in the Lok Sabha, withdrawing the earlier versions that had been introduced earlier.

Reinvented Criminal Reform Bills of 2023 – BNS, BNSS, and BS

  • Suggestions by Parliamentary Standing Committee: The earlier versions of the bill were referred to a standing committee which suggested several changes to the bill.
  • Reintroduction of Bill: The government has reintroduced the revamped criminal law Bills after incorporating few changes suggested  by the Committee.
  • Three new bills are:
    • Bharatiya Nyay Sanhita (BNS), 2023:  To replace the Indian Penal Code (IPC), 1860; 
    • Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Replacing Code of Criminal Procedure, 1973(CrPC)
    • Bharatiya Sakshya (BS) Bill, 2023:  Replacing the Indian Evidence Act,1872.

Changes Made in the Revamped Criminal Reform Bills:

Revamped Criminal Law Bills: Changes Made
Bharatiya Nyaya Sanhita (BNS), 2023
  • Provisions related to offences and penalties have been streamlined.
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023:
  • Use of handcuffs: Restricted to select heinous crimes and not be applicable for economic offences.
  • Mercy Petition: Mercy petitions forwarding to the Home Department of the state government or the Centre for review is discontinued.
  • Introduction of definition of community service:  Work that the court may order a convict to do as a community-benefiting punishment for which the prisoner will not be paid.
  • It provides first time community service as one of the punishments for petty offences.
  • Forensic investigation: Mandated for offences punishable with at least seven years of imprisonment.
  • Timelines: Prescribes timelines for various procedures, judgement and investigation. 
Bharatiya Sakshya (BS) Bill, 2023
  • Classification of Primary Evidence: Electronic records classified as documents and primary evidence.
  • Expansion of Secondary evidence: Includes oral and written admissions as well as  the testimony of a person who has examined the document.


News Source:
Indian Express

 

Context: The Global Partnership on Artificial Intelligence (GPAI) Summit (a congregation of 29 member nations including the European Union) announced the adoption of the New Delhi AI Declaration.

India’s Leadership in AI Governance: Hosting GPAI Summit

  • India pitched to host a GPAI Global Governance Summit to finalise the proposed framework.
  • India will unveil its official AI policy under the India AI Program.
  • Global discussions on the development of AI regulations will further take place at the Korea Safety Summit in mid-2024.
What is Artificial Intelligence?

Artificial intelligence (AI) is the theory and development of computer systems capable of performing tasks that historically required human intelligence, such as recognizing speech, making decisions, and identifying patterns.

  • AI is an umbrella term that encompasses a wide variety of technologies, including machine learning, deep learning, and natural language processing (NLP). 

GPAI Summit Highlights: Addressing AI Concerns, Fostering Inclusivity

  • Mitigating concerns: There are concerns that the use of AI can lead to misinformation and disinformation, unemployment, leakage of personal data, and threats to human rights and democratic values.
    • For Example,  Republican National Committee ran attack ads against US President Joe Biden in the run up to 2024 election campaign using generative artificial intelligence in a significant instance of political misinformation campaign.
  • Newer Avenues for Development: consensus reached on collaboration between nations in the development of  AI applications in healthcare and agriculture.
  • An inclusive movement: GPAI will focus on the needs of the Global South in the development of AI and make AI platforms and solutions available to the  people of the Global South.
  • Securing AI Ecosystem:  Agreement to create a global framework on AI trust and safety, and make AI solutions and benefits available for all. 
  • Shaping the future of AI: Promises to position GPAI at the front and center in terms of both innovation and creating collaborative AI between the partner nations.Humanitarian and Democratic values: AI development needs to follow the path of  efficiency, ethics and effectiveness, along with keeping a place for emotions.

GPAI’s New Delhi Declaration: Shaping the Future of AI for Global Collaboration and Inclusive Innovation

  • Focus: Collaboration, inclusion, and creating a governance framework for AI.
The Global Partnership on Artificial Intelligence (GPAI)

  • Secretariat: Hosted at OECD (Organisation For Economic Cooperation and Development)
  • Members:  29 members, including the EU, with India as the founding member.
  • Aim: GPAI aims to bridge the gap between theory and practice on AI by supporting cutting-edge research and applied activities on AI-related priorities.
  • Areas of Work:
    • Responsible AI, Data Governance, Future of work and Innovation and commercialisation
  • Goals: 
    • Position GPAI as a leader in shaping the future of AI.
    • Foster collaborative AI development among member nations.
    • Apply AI in healthcare, agriculture, and other crucial areas.
    • Make the benefits of AI accessible to everyone, including countries of the global south.
  • Timeline: Specific principles and targets will be developed over the next few months, with another GPAI meeting to discuss them.
  • Expansion: Senegal was elevated to the steering committee, reflecting India’s goal to expand GPAI during its presidency.
  • Additional Announcement: Japan approved the establishment of a GPAI expert center in Tokyo.

News source:  livemint

 

Context: Officials from the United States, India, and Taiwan gathered for a cybersecurity workshop on December 11-12 under the Global Cooperation and Training Framework (GCTF).

Landmark Global Cooperation and Training Framework Cybersecurity Workshop Hosted In-Person in India

  • This was the first Global Cooperation and Training Framework (GCTF) program to be held in person in India.
  • The United Service Institution of India (USI), Lieutenant General Rajesh Pant, the former national cyber security coordinator of India, Taiwan’s representative to India, Eric Garcetti, the US ambassador to India, and Baushuan Ger co-hosted the event.

GCTF: Fostering Global Cooperation with Taiwan’s Expertise and Multilateral Initiatives

  • Establishment: The GCTF was established in 2015 as a joint initiative between the United States and Taiwan.
  • Purpose
    • To utilize Taiwan’s strengths and expertise to address global issues of mutual concern.  
    • To assist countries in the Indo-Pacific for their capacity-building efforts through training programs for officials and experts, while enhancing Taiwan’s multilateral cooperation throughout the region.
  • Focus Areas: Public Health, Law enforcement cooperation, women’s empowerment, energy efficiency, e-commerce, cybersecurity, humanitarian assistance, disaster relief (HA/DR), and media literacy.
  • Expansion and Partnerships: The full partners (currently Taiwan, the United States, Japan, and Australia) regularly hold GCTF Joint Committee meetings to review events of the year and decide on prospective areas of cooperation for the coming year.
    • Japan became a full partner to this framework in 2019
    • Australia announced its full partnership in 2021.
    • India has not formally joined as a full partner of GCTF.

GCTF as a Key to Global Presence and Security Alignment

  • Taiwan’s Strategic Utilization of the GCTF: For Taiwan, the GCTF serves as a vital platform for sharing its significant expertise in areas often restricted in many international institutions.
    • Further, the collaboration could be seen as a tacit support for Taiwan’s international presence, despite its exclusion from global platforms.
  • Countering Digital Threats amidst China’s Growing Influence: Trilateral partnership indicates a growing convergence of interests amongst the United States, India, and Taiwan, particularly in countering digital threats and enhancing collective security in the Indo-Pacific region.
    • This move could be perceived as a strategic alignment to balance China’s rising influence.

News Source: Business Standard

 

Context: Scientists from the Department of Atomic Energy and M/s. IDRS Labs Bengaluru have joined hands to develop Aktocyte tablets for treating pelvic cancer.

AktoCyte Tablets Gain FSSAI Approval: Market Launch Set for January 2024

Approval: The AKTOCYTE tablet has received approval from the Food Safety and Standards Authority of India (FSSAI)

  • Market Availability: These tablets will be available for purchase from January 2024.
Food Safety and Standards Authority of India (FSSAI)

  • It is a statutory body under the administration of the Ministry of Health and Family Welfare, Government of India.
  • It is responsible for setting food standards and ensuring compliance with the regulations in the manufacture, storage, sales, and distribution of consumable items. 

AKTOCYTE Tablets Revolutionize Pelvic Cancer Care

  • Uses: The AKTOCYTE tablets have been effective, particularly in pelvic cancer patients suffering from radiotherapy-induced Cystitis (Blood in urine).
    • Further, these tablets have been designed as a nutraceutical, an adjuvant to cancer radiotherapy and antioxidant. 
  • Performance: Patients treated with Aktocyte tablets demonstrated an extraordinary recovery, eliminating the need for surgical removal of the urinary bladder.

Nutraceuticals: Bridging Nutrition and Medicine for Health

  • The term “nutraceutical” was coined in 1989 by Stephen DeFelice.
  • Definition: Nutraceutical products are products derived from food sources that provide both nutritional and medicinal benefits. 
  • Meaning: The term “nutraceutical” combines the two words  “nutrient,” which is a nourishing food component, and “pharmaceutical,” which is a medical drug
  • Mechanism: They contain a high concentration of bioactive compounds, derived from a natural source and have physiological benefits and aid in the prevention and treatment of disease.
  • Types: Nutraceuticals can be grouped into four categories that are dietary supplements, functional food, medicinal food, and farmaceuticals.
  • Examples: Probiotics: Beneficial bacteria that support gut health and digestion.; Green tea extract: Rich in antioxidants and associated with various health benefits.

Source: PIB

 

Context: COP28 in Dubai concluded with landmark UAE Consensus to transition away from fossil fuels.

Key Milestones and Agreements at COP28 for UAE Consensus: A Turning Point for Global Climate Action

  • Watershed Moment: For the first time, world leaders decided on a historic set of steps to take in order to reach the 1.5 degree Celsius goal at the COP28 Summit in Dubai.
  • Action Agenda: Key achievements under the Action Agenda include: 
    • Endorsement of the ‘COP28 UAE Declaration on Agriculture, Food, & Climate‘, embedding sustainable agriculture and food systems in climate change responses. 
    • The ‘COP28 UAE Declaration on Climate and Health, accelerates the development of climate-resilient, sustainable, and equitable health systems. 
    • The Global Decarbonization Accelerator (GDA) introduced initiatives such as the Global Renewables and Energy Efficiency Pledge and the Oil and Gas Decarbonization Charter.
  • Pillar of Paris Agreement: Decisive steps were taken across four pillars of the Paris Agreement: 
    • Fast-tracking a just energy transition. 
    • Fixing climate finance 
    • Focusing on people and nature. 
    • Fostering inclusivity in climate action.
  • UAE Consensus: Upon ending, the COP28 discussions gave birth to the UAE Consensus.

UAE Consensus: Charting a Path to Net Zero by 2050

  • UAE Consensus: It is a comprehensive document that calls for a transition away from fossil fuels to achieve net zero by 2050. 

UAE Consensus: A Triumph for Global Climate Diplomacy

  • A historic set of measures outlining a plan to keep global temperatures below 1.5 degrees Celsius has been described as a victory for multilateralism and climate diplomacy.
  • Broadbased Participation: 198 participating Parties reached the landmark agreement.
  • It encourages Parties to submit economy-wide Nationally Determined Contributions (NDCs) and sets specific targets, including tripling renewables and doubling energy efficiency by 2030. 
  • Renewed Focus on Climate Finance: The agreement also paves the way for a new architecture for climate finance and building momentum toward a sustainable future. 
  • Inclusion of Methane: The Consensus is the first to talk about methane, a greenhouse gas that isn’t carbon dioxide but is more potent in its heat-trapping effect than carbon dioxide.

Challenges in the UAE Consensus: Loopholes, Transition Fuels, and Differentiation Dilemmas

  • Presence of Loopholes: There is a  presence of significant loopholes which may allow the United States and other fossil fuel-producing countries to keep going on their expansion of fossil fuels.
  • Transition Fuels: The text gave natural gas a free pass because it has lower carbon emissions than coal. It was called a “transition gas” that countries could rely on as they switched to green energy.
    • The reference to “transitional fuels” explicitly gives gas producing countries the licence to sell more gas rather than invest in renewable energy.
    • It also ignores developed countries for not making up the difference in funding so far, even though it says the gap in funding for adaptation is “widening.”
  • Lack of Differentiation: There is no differentiation in the text on industrial and agricultural methane emission, which could be bones of contention for the future.

News Source: NewsOnAir

 

Context: A Constitutional Bench set for hearing petition related to the abrogation of Art 370 recently held that a President’s rule under Article 356 of the Constitution must be reasonable.

Judicial Review of President’s Rule: Unpacking the Parameters and Prerequisites

  • Petition challenging President’s Rule: The statement is in response to a petition filed against the President’s Rule imposed in Jammu and Kashmir.
  • Presidential Rule Open to Judicial Scrutiny: The court held that it can judicial review the exercise of power and assess whether Parliament’s use of Article 356 has a reasonable connection with the objective intended by the Proclamation.
  • Not Every Action Prone to Judicial Scrutiny: However, the court emphasized that the President’s rule of power for the “everyday administration of the State” is generally not subject to routine judicial review. 
  • Criteria for evaluating the Actions of Parliament/President:  The court held that is the responsibility of the individual challenging the President’s rule actions during an emergency to prove  that they had a mala fide intent.
  • Responsibility of Centre to Provide Justification: The Bench held that if a case was established, the responsibility would shift to the Centre to justify the exercise of power.
  • S R Bommai Case: The Supreme Court relied on the S R Bommai ruling to hold that the actions of the President are constitutionally valid.
SR Bommai Case 1994:

  • President Proclamation Subject to Judicial Review: In this case, the Nine judge bench of SC unanimously held that the President’s proclamation can be subject to judicial review on grounds of illegality, malafide, extraneous considerations, abuse of power, or fraud. 
  • Scrutiny of Material Relied: While the President’s subjective appraisal of the issue cannot be examined, the Court held that the material relied on for making the decision can be reviewed.
    • Until then, the President can only suspend the state legislature.
  • Automatic Reinstatement of State Government: If the Parliament fails to approve the proclamation within two months, the dismissed government would automatically be reinstated.

Article 356: Presidential Rule in India – Addressing Constitutional Machinery Failures

  • Failure of Constitutional Machinery: It authorizes the President to declare President’s Rule in a State on the receipt of a report from the Governor about the failure of the Constitutional Machinery in that state.
  • Legislative Powers to Parliament: Under this,  the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament.

Ground for Imposition of President’s Rule: It has been seen that President’s Rule is Imposed in the following circumstances.

  • Legislative Stalemate (Hung Assembly): The state legislature is not able to elect a leader as the Chief Minister(CM) for a time prescribed by the state’s governor.
  • Collapse of Coalition Government: Breakdown of a coalition in the state government, that leads to the CM having minority support in the legislature, and the CM is unable to prove his majority within the time prescribed by the governor.
  • No-Confidence Motion: A no-confidence vote in the legislative assembly leading to a loss of majority.
  • Election Delays: Postponement of elections owing to unavoidable reasons such as a natural disaster, epidemic, or war.

President’s Rule in India: Parliamentary Approval, Duration, and Safeguards

  • Parliamentary approval: Both houses of Parliament must approve a proclamation imposing the President’s Rule within two months.
  • Initial duration: If approved, the President’s Rule lasts for six months.
  • Extension: Maximum duration: Three years.
    • Beyond one year: Requires meeting specific conditions:
      • National Emergency in operation in all or part of the state.
      • The Election Commission certifies general elections cannot be held due to difficulties.
  • Revocation: The President can revoke the President’s Rule without parliamentary approval.
  • Approval for the President’s Rule and its extension require only a simple majority in either house of Parliament.
  • The 44th Amendment Act limited the Parliament’s power to extend the President’s Rule beyond one year, introducing stricter conditions for longer durations.
  • These provisions balance the central government’s power to impose the President’s Rule with safeguards against its misuse and ensure timely elections.

Concerns and Controversies: Examining Political Misuse and Judicial Overreach in President’s Rule

143 657b1241ed140

  • Political Misuse: There are occasions when the President’s Rule was imposed solely for political purposes to overthrow the government formed by a party other than that of the central government.
    • Janata Party employed Article 356 to dismiss nearly all state governments led by Congress parties.
  • Dissolution of State Assemblies: Assemblies have been dissolved or suspended and other political parties have not been given the chance to form state governments.
    • The Assemblies of up to nine states governed by non-Congress (I) parties were dissolved when Indira Gandhi returned to power in 1980.
  • Judicial Overreach on Art 356: The Andhra Pradesh High Court exercised suo moto jurisdiction in 2020 to investigate the Andhra Pradesh government’s breakdown of constitutional machinery. 
    • The Supreme Court noted that the Andhra Pradesh High Court had made an arbitrary and overreaching case. 
  • Partisan Role Played by Governors: In recent times, Governors in several states have been involved in the day-to-day administration, a function typically under the purview of elected governments. 
  • Governors are playing a role in either establishing or dissolving state governments. 
  • Ex-In 2016, the interference of the Governor of Arunachal Pradesh led to the Speaker’s removal and a change in state government.
Committees related to President Rule:

  • Administrative Reforms Commission ( 1968): It recommended that where the President’s Rule is imposed, the Governor of the State should responsibly act under the direction of the Union Government. 
  • Rajamannar Committee ( 1971): The Governor should not deem himself to be a mere agent of the Centre and the emphasis should be on his role as the constitutional head of the State.
  • Venkatachaliah Commission (2002): It recommended that Article 356 be used sparingly and only as a remedy of the last resort.
  • Sarkaria Commission: The Governor should function as a “constitutional sentinel” acting as a “vital link between the Union and the State.

Reforming the President’s Rule: Strengthening Safeguards and Roles for Effective Federal Governance

  • Role of Governor: The governor must act prudently, impartially, and effectively to maintain the spirit of federalism and ensure the smooth operation of democratic governance.
    • In this regard, the recommendation of Sarkaria Commissions to clearly lay down the procedure for appointment of governors and providing surety of tenure needs to be followed.
  • Role of President: The President may use its suspensive veto power in case article 356 is maliciously used.
    • Ex- Former president K.R. Narayanan returned the cabinet’s recommendation regarding the Kalyan Singh government in Uttar Pradesh stating that imposing President’s Rule would be unconstitutional.
  • Safeguards against Misuse: The necessary provisions for safeguards against arbitrary action of the ruling party at the Centre under Article 356 should be incorporated in the Constitution. 
    • The other alternative is to provide safeguards to secure the interests of the States against the arbitrary and unilateral action of a party commanding majority, which happens to be in power at the Centre.
  • Role of Inter-State Council: It should be endowed with the advisory function of discussing proclamation of President’s Rule and the measures taken by the President in pursuance of such a proclamation. 
    • The InterState Council could have a permanent Standing Committee, which could constantly monitor the issue relating to imposition of President’s Rule.
  • Security to State Government: The Ministry of the State concerned should not depend on the pleasure of the Governor and the Ministry should continue its function till it commands a majority in the State Legislative Assembly. 
    • Before recommending the President’s Rule in the State, the Governor should ensure a Ministry which would enjoy the confidence of the Legislature after observing all the possibilities. 
  • Ensuring Legislative Confidence: Before enforcing the President’s rule in the state, the center must issue a warning to the state and provide it a week to reply.
  • Other Measures: The presence of a healthy and strong Opposition, vigilant public opinion, good statesmanship and respect for principles of federalism are also effective checks upon the misuse of this power.

Conclusion: 

  • The misuse of Article 356 can’t be ignored as it has direct implications on the federal structure of the country thereby violating the basic structure of the Constitution. The need of the hour is to amend Article 356 and provide a specific definition of phrases ‘otherwise’ and ‘failure of Constitutional machinery’ so that scope of Article 356 can be fixed.

News Source: The Hindu

 

Context: The Union Ministry of Health and Family Welfare has formulated a draft menstrual hygiene policy.

Menstrual Hygiene: Insights from NFHS 5 and Urgency for Policy Action in India

  • Increase in Hygienic Menstrual Protection: As per 5th National Family Health Survey (NFHS 5), there has been a significant improvement in the percentage of women (aged 15-24 years) who use a hygienic method of protection during their menstrual cycle, rising from 58% in NFHS-4 to 78%. 
    • Among these women, 64% use sanitary napkins, 50% use cloth, and 15% use locally prepared napkins. 
  • Importance of Education for Girls: The NFHS 5 revealed that women who have received 12 or more years of schooling are more than twice as likely to use a hygienic method compared to those with no schooling. 
  • Rural- Urban Gap: In terms of location, 73% of rural women while 90% of urban women use a hygienic method of menstrual protection respectively. 
  • Gaps in States in Menstrual Hygiene Policy : A few States continue to have lower than average access to use of a hygienic method of menstrual protection by women and girls. Bihar(59.7%) has the lowest percentage of girls using hygienic methods of menstrual protection which shows lack of awareness toward Menstrual Hygiene Policy.
  • Need for Menstrual Hygiene Policy: These findings highlight the need for targeted efforts and initiatives to improve menstrual hygiene practices in India.

Understanding Menstruation: A Vital Aspect of Women’s Health and Wellbeing & Role of Menstrual Hygiene Policy

  • Menstruation: It refers to the monthly process in which a woman’s body sheds the lining of the uterus through vaginal bleeding. 
    • This is a natural part of the menstrual cycle and typically occurs in women of reproductive age (15-49 years).
  • Bleeding Phase: The bleeding phase, known as menstruation or a period, typically lasts about 3 to 7 days.
  • Menstrual Cycle: Menstruation is controlled by hormones, and the menstrual cycle usually lasts about 28 days, although it can vary from person to person.
  • Menstrual Health: It is an integral part of the health and wellbeing of a person and is a determinant of the quality of life which includes things like mobility, work participation, access to education, dignity and freedom.

Menstrual Hygiene Policy: A Comprehensive Approach to Menstrual Hygiene Policy in Alignment with SDGs

  • Menstrual Hygiene Policy recognizes menstruation as a natural bodily process for all who menstruate including girls and women of reproductive age and addresses the long-standing challenges associated with menstruation in our country.
  • Alignment with SDGs: The Menstrual Hygiene Policy aligns with India’s commitment to achieving the Sustainable Development Goals (SDGs), particularly in relation to Goal 3 (good health and well-being), Goal 4 (quality education), Goal 5 (gender equality), and Goal 6 (clean water and sanitation). 
  • Life Cycle Approach:The Menstrual Hygiene Policy ensures comprehensive support through the entire menstrual journey, recognizing the unique needs of individuals from menarche to menopause. 
    • Menarche: It marks the beginning of menstrual period in a female adolescent which typically occurs between the ages of 10 and 16 years.
    • Menstrual Hygiene Policy Menopause: It marks the end of reproductive years and most women experience it between the ages of 45 and 55 years.
  • Policy Vision: All women, girls and persons who menstruate are able to experience menstruation in a manner that is safe, healthy and free from stigma.
  • Policy Goal: Access to safe and dignified menstrual hygiene resources and thereby realize their full potential in health and wellbeing, education, economic and other aspects of life.
  • Key target groups through Menstrual Hygiene Policy: 
    • Primary target groups are the young and adolescent girls, trans and non- binary menstruators, mothers, peers and other older women in the family.
    • Secondary target groups are boys, men, teachers, frontline health workers (like ASHAs, AWW, ANMs and sanitary workers) PRIs, self-help-group members etc.
    • Tertiary target groups are the key political leaders, socio-political influencers, informal networks, religious groups, neighborhood groups, etc.

Key Objectives of the Menstrual Hygiene Policy for Access, Awareness, and Sustainability

  • Ensure Access to Resources: To ensure that women, girls and persons who menstruate have access to safe, hygienic and quality menstrual products and sanitation facilities.
  • Access to Correct Information: To create an enabling environment for people including women, girls, men and boys so that they have access to correct information on menstruation, and to address myths, stigma and gender issues around menstruation.
  • Ensuring Coordination: To provide a coordination mechanism among different Central Government Ministries, States/ UTs and relevant stakeholders and sectors.
  • Menstrual Friendly Environment: To create a ‘menstrual friendly environment’ in all settings including homes, schools/ educational institutions, workplaces and public spaces
  • Other Objectives of Menstrual Hygiene Policy: 
    • To foster innovative practices with social entrepreneurs and the private sector.
    • To strengthen environmentally sustainable menstrual waste disposal.
Challenges Associated with Menstrual Hygiene in India: 

  • Stigma and Taboos: Cultural beliefs and practices contribute to a lack of open discussion about menstruation, leading to misinformation and perpetuating myths. 
    • For example, women are not allowed to enter kitchens and eat along with their families while they are on their periods. 
  • Lack of Education: Lack of adequate education about menstruation lead to improper hygiene practices and contributes to health issues. 
    • For example, less educated women are more likely to avoid using hygienic methods like tampons and sanitary pads.
  • Limited Access to Menstrual Products: Affordability and accessibility of menstrual hygiene products, particularly in rural and economically disadvantaged areas lead many women to resort to using unhygienic materials. 
  • Lack of Waste Disposal Infrastructure: Lack of these facilities leads to the disposal of used menstrual products in open spaces which poses environmental and health hazards
    • For example, burning of pads releases harmful gas that affects health and environment.

Significance of the Menstrual Hygiene Policy:

  • Improving Access and Affordability: Menstrual Hygiene Policy improving access to safe menstrual hygiene products and to reduce the financial burden of menstruation on individuals and families, particularly for those in low-income communities and marginalized groups.
  • Ensuring Equity: Menstrual Hygiene Policy prioritises equity to enable all menstruating individuals, regardless of their socioeconomic status and geographical location, to have equal opportunities to access and manage their menstruation in a safe and hygienic way. 
    • Address disparities and barriers that prevent certain groups from accessing required menstrual hygiene products, resources and information.
  • Inclusivity: All women and adolescent girls, persons with disabilities, ethnic groups, minorities, trans and non-binary population, vulnerable populations and specially identified groups will be specifically focused on. 
    • The policy also targets men and boys at the family and community level through a range of awareness programs to strengthen men’s roles and build a conducive environment.
  • Education and Awareness: Focus on comprehensive menstrual hygiene education, aiming to raise awareness about menstruation, its biological processes, and the importance of menstrual hygiene management. 
    • Menstrual Hygiene Policy includes promoting accurate information, debunking misconceptions and stigma associated with menstruation.
  • Providing Safe and Hygienic Facilities: Policy has provision of clean, private and well-maintained toilets, washing facilities and disposal systems in schools, workplaces, public spaces and communities to enable individuals to manage their menstrual hygiene safely, hygienically and with dignity.
  • Waste Management and Environmental Sustainability: The Menstrual Hygiene Policy identifies the need for environmentally friendly menstrual hygiene products and proper disposal practices to minimize environmental pollution. 
    • For example, developing user-friendly biodegradable or reusable menstrual products and the implementation of specific systems that can manage menstrual waste in an eco-friendly manner.

Government Initiatives Driving Menstrual Hygiene and Education through Menstrual Hygiene Policy

  • Beti Bachao Beti Padhao (BBBP) by Ministry of Women and Child Development: Training of Anganwadi Workers and supervisors across States and UTs to conduct sessions on menstrual hygiene management for out of school adolescent girls.
  • Swachh Vidyalaya component under Samagra Shiksha: This includes training of nodal teachers on menstrual hygiene management under Swachh Vidyalaya program in day schools and residential schools for girls.
  • Swachh Bharat Mission Gramin: This mission promotes separate toilets for women and girls at home for safely managing menstruation. Awareness generation for out of school girls on menstrual hygiene management is done through women swachhagrahi.
  • Rashtriya Kishor Swasthya Karyakram (RKSK): RKSK includes counselling of adolescent girls on puberty and menstrual hygiene management.
  • National Rural Livelihood Scheme by Ministry Panchayati Raj: This scheme aims at empowering self help groups to set up and produce sanitary pads to ensure a regular supply of sanitary napkins to adolescent girls in rural areas. 

Way Forward: A Proactive Approach for Advancing Menstrual Hygiene Practices

  • Develop Comprehensive Communication Guidelines: On menstrual hygiene management, encompassing the usage of menstrual products, their disposal and personal hygiene practices.
    • Menstrual Hygiene Policy Develop clear, concise, and culturally appropriate messaging that addresses the specific needs and concerns of target groups, using inclusive language to avoid stigmatizing menstruating individuals.
  • Ensuring Community Engagement: Menstrual Hygiene can be achieved through organizing awareness campaigns to encouraging participation from all community members including men, religious leaders, etc. and involving local organizations, community influencers etc. in designing and implementing communication initiatives
  • Implement a Robust Monitoring and Evaluation System: To assess the impact of communication activities, collecting data on practices related to menstrual hygiene, and conducting regular evaluations to identify areas for improvement and make necessary adjustments to the communication strategy.
  • Ensuring Proper Menstrual Waste Disposal: The government needs to take charge to develop long-term solutions for sanitary waste disposal. 
    • For example, incinerators can be used according to eco friendly guidelines so that they emit less harmful gasses, could be installed in schools, institutions, and slum areas and at community level.

News Source: MoHFW

 


Other Resources for Current Affairs

Test demo 1

 Final Result – CIVIL SERVICES EXAMINATION, 2023.   Udaan-Prelims Wallah ( Static ) booklets 2024 released both in english and hindi : Download from Here!     Download UPSC Mains 2023 Question Papers PDF  Free Initiative links -1) Download Prahaar 3.0 for Mains Current Affairs PDF both in English and Hindi 2) Daily Main Answer Writing  , 3) Daily Current Affairs , Editorial Analysis and quiz ,  4) PDF Downloads  UPSC Prelims 2023 Trend Analysis cut-off and answer key

THE MOST
LEARNING PLATFORM

Learn From India's Best Faculty

      

 Final Result – CIVIL SERVICES EXAMINATION, 2023.   Udaan-Prelims Wallah ( Static ) booklets 2024 released both in english and hindi : Download from Here!     Download UPSC Mains 2023 Question Papers PDF  Free Initiative links -1) Download Prahaar 3.0 for Mains Current Affairs PDF both in English and Hindi 2) Daily Main Answer Writing  , 3) Daily Current Affairs , Editorial Analysis and quiz ,  4) PDF Downloads  UPSC Prelims 2023 Trend Analysis cut-off and answer key

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

<div class="new-fform">







    </div>

    Subscribe our Newsletter
    Sign up now for our exclusive newsletter and be the first to know about our latest Initiatives, Quality Content, and much more.
    *Promise! We won't spam you.
    Yes! I want to Subscribe.