The expansion of Universal Health Coverage (UHC) represents a complex but crucial endeavor. The integration of data and digital technology stands out as a pivotal factor in smoothing the way towards achieving this goal.

Understanding Universal Health Coverage

Universal Health Coverage means ensuring that every individual has access to the full spectrum of quality health services when and where they need them, without facing financial hardship. This concept encompasses a broad range of essential health services, including health promotion, prevention, treatment, rehabilitation, and palliative care throughout an individual's life.

UHC as a Sustainable Development Goal

Achieving UHC is a key target of the Sustainable Development Goals (SDGs) established by the global community in 2015. However, despite this commitment, progress towards this goal remains off-track. Since 2015, improvements in health services coverage have stalled, and the proportion of people facing catastrophic out-of-pocket health expenses has been rising steadily since 2000.

Challenges to Universal Health Coverage

Several challenges hinder the advancement of UHC:

1. Global Stagnation: Progress in health coverage has stagnated globally, affecting regions and countries alike.
2. Manpower Shortages: Many Western and Central Asian countries face severe healthcare manpower shortages.
3. Pandemic Disruptions: The COVID-19 pandemic has further disrupted essential health services, with 92% of countries experiencing interruptions at the pandemic's peak in 2021, and 84% still reporting disruptions in 2022.
4. Inequality in Healthcare Spending: The disparity between poor and non-poor households has widened, with lower-income families often forced to deplete their resources or sell assets to cover healthcare costs. According to the WHO, 55 million people fall into poverty annually due to catastrophic health expenditures.
5. Insufficient Spending: India’s healthcare spending, currently at 3.2% of its GDP, is lower than the average spending of 5.2% observed in lower and middle-income countries (LMICs). The government’s health expenditure is also lower compared to other countries like China, Thailand, Vietnam, and Sri Lanka.

Opportunities Through Digital Health

To address these challenges, leveraging digital health solutions is critical. India's leadership in digital health is exemplified by the Global Initiative on Digital Health, launched under India’s G20 presidency. This initiative aims to drive investments into digital health and facilitate regional and international collaboration.

India’s Ayushman Bharat Digital Mission, which precedes this global initiative, highlights the country's commitment to using digital technology to manage the complexities of UHC expansion. Digital health tools can play a transformative role in managing contracts, implementing value-based provider reimbursements, and streamlining healthcare delivery.

The Role of Artificial Intelligence

Artificial Intelligence (AI) holds significant promise for revolutionizing healthcare. AI-powered diagnostic tools can improve the accuracy and speed of medical diagnoses, leading to better patient outcomes. AI can also predict disease outbreaks, analyze healthcare data, optimize treatment plans, and enhance drug discovery, making healthcare more personalized and effective.

Building Digital Infrastructure

India’s experience in expanding digital health infrastructure can serve as a model for other low- and middle-income countries. Many of these nations are seeking to build and enhance their healthcare systems, and India’s approach may offer valuable policy insights.

The Need for Private Sector Participation

Achieving UHC in India cannot rely solely on the public sector. Integrating the private sector into the public healthcare framework is essential. Addressing modern health challenges requires a collaborative effort that includes both public and private sectors, creating a multifaceted and synergistic approach to healthcare.

WHO’s Recommendations

To strengthen health systems, the WHO recommends reorienting them with a primary health care (PHC) approach. Implementing PHC can deliver up to 90% of essential UHC interventions, potentially saving 60 million lives and increasing global life expectancy by 3.7 years by 2030.

Looking Ahead

It is crucial to balance national interests with international ambitions and leverage digital technologies to create inclusive solutions. Countries should build on their existing systems, gradually implementing reforms and best practices. With dedicated effort and a commitment to excellence, it is possible to build a healthier and more prosperous future for generations to come.

Port Blair to be Renamed Sri Vijaya Puram: A Move to Erase Colonial Echoes

Union Home Minister Amit Shah announced on Friday that Port Blair, the capital city of the Andaman and Nicobar Islands, will be renamed Sri Vijaya Puram. This decision is part of a broader effort to “free the nation from colonial imprints,” Shah explained. In a post on X, he emphasized that while the current name carries colonial connotations, the new name, Sri Vijaya Puram, represents the triumph of India's freedom struggle and acknowledges the Andaman & Nicobar Islands’ pivotal role in that struggle. 

Shah further highlighted the strategic importance of the islands, which historically served as a naval base for the Chola Empire and are now envisioned as a key element in India’s strategic and developmental plans. Port Blair, named after British naval surveyor Archibald Blair, will henceforth be known as Sri Vijaya Puram, aligning with Prime Minister Narendra Modi’s vision to remove colonial legacies.

The Origin of Port Blair’s Name

Port Blair, the gateway to the Andaman and Nicobar Islands, was named after Archibald Blair, a lieutenant in the Bombay Marine. Blair conducted a thorough survey of the islands after joining the Bombay Marine in 1771. His expedition, which began in December 1778, was crucial in mapping the Andaman Islands. Initially, Blair named the natural harbor Port Cornwallis, in honor of Commodore William Cornwallis. Later, the harbor was renamed Port Blair.

Blair’s survey was highly valued by the East India Company (EIC), leading to the islands’ colonization. The primary motivation was to create a secure harbor to monitor Malay pirates and provide refuge for shipwrecked individuals. Over time, the islands were established as a penal colony, receiving numerous convicts who performed forced labor.

In 1792, the EIC relocated the colony to Port Cornwallis, but it was soon abandoned due to disease and high mortality rates. The Revolt of 1857 brought an influx of prisoners, leading to the reestablishment of Port Blair as a penal colony. The harsh conditions led to numerous deaths, and the area became notorious for its brutal treatment of prisoners, including freedom fighters like Veer Damodar Savarkar. The infamous Cellular Jail, or Kaala Paani, was built by 1906 to house political prisoners.

Historical Significance of the Andaman Islands

Historical records indicate that the Andaman Islands were strategically significant during the 11th century, particularly for the Chola Empire under Emperor Rajendra I. The islands were used as a naval base in the Chola campaign against Srivijaya, a kingdom in present-day Indonesia. An inscription from Thanjavur dating to 1050 CE refers to the islands as Ma-Nakkavaram land, which may have influenced the modern name Nicobar.

Historian Herman Kulke, in his book "Nagapattinam to Suvarnadwipa," describes the Chola invasion of Srivijaya as a notable event, reflecting the complex interactions between India and Southeast Asia. Various scholars offer differing interpretations of the invasion, ranging from a response to trade disruptions to an extension of Chola expansionism.

In summary, the renaming of Port Blair to Sri Vijaya Puram represents a significant shift in recognizing the historical and strategic importance of the Andaman and Nicobar Islands, aligning with India's broader goals of addressing colonial legacies and honoring its rich history.

India’s Four-Point Principle on the Russia-Ukraine Conflict

• Principles for Resolution: External Affairs Minister S. Jaishankar outlined India's four key principles regarding the Russia-Ukraine conflict:
  • Peace as a Priority: Emphasis on the need for peace and the belief that the conflict cannot be resolved through continued warfare.
  • Negotiation Requirement: Asserted that any resolution must involve Russia in the dialogue process.
  • No Battlefield Solutions: Stressed that solutions cannot be achieved on the battlefield.
  • Active Engagement: India is actively engaged and concerned about finding a resolution, with ongoing discussions with both Russia and Ukraine.
• Hosting Peace Conference: Jaishankar noted that while suggestions for India to host a peace conference have been made, there is no commitment from India to propose or host such a conference.
• Recent Diplomacy: Referenced Prime Minister Narendra Modi’s visits to Moscow and Kyiv and highlighted National Security Adviser Ajit Doval's current visit to Russia.

Diplomatic Discussions with Germany

• Bilateral Meeting: Jaishankar met with German Foreign Minister Annalena Baerbock in Berlin to prepare for German Chancellor Olaf Scholz’s visit to New Delhi on October 24-25.
• Topics of Discussion:
  • Global Issues: Discussed the Russia-Ukraine conflict, the Gaza conflict, and coordination for the UN Summit of the Future.
  • UN Security Council Expansion: India and Germany are jointly advocating for the expansion of the UN Security Council.
• Ongoing Engagement: Both ministers will reconvene later this month at the UN General Assembly.

India-Germany Relations

• Germany’s Role: Baerbock acknowledged ongoing discussions with India and other countries about their roles in peace efforts, despite differing positions on the Russia-Ukraine conflict.
• Economic and Trade Relations:
  • Migration and Mobility: Plans to enhance the India-Germany migration and mobility partnership, aiming to increase the number of skilled Indian workers in Germany. Currently, 125,000 Indian nationals work and 50,000 students study in Germany.
  • Military Cooperation: Discussed expanding military partnerships, including joint air force exercises and upcoming naval exercises in Goa.
  • Trade and Investment: Efforts to boost annual bilateral trade to $30 billion and attract about $25 billion in investment from Germany. New Delhi will host the Asia Pacific Conference of German Business next month.

Economic Ties with China

• Business Relations: Jaishankar addressed concerns about economic ties with China amidst a four-year military stand-off and related restrictions.
  • Business Sectors: India is open to Chinese business but emphasizes the need for clarity on sectors and business terms.

Summary

India’s approach to the Russia-Ukraine conflict emphasizes peace, negotiation, and active engagement. Diplomatic efforts with Germany focus on global issues, military cooperation, and economic growth. Jaishankar also highlighted a nuanced stance on economic ties with China amid ongoing tensions.

In News:

• Last week, PTI reported that the India Meteorological Department (IMD) is planning to revive District Agro-Meteorology Units (DAMUs) under the Gramin Krishi Mausam Sewa (GKMS) scheme.

Background:

• The IMD established 199 DAMUs in 2018 in collaboration with the Indian Council of Agricultural Research.
• The aim was to use weather data to prepare and disseminate sub-district level agricultural advisories. In March, DAMUs were shut down following an order issued by the IMD.

Why are agro-met units important?

• Around 80% of farmers in India are small and marginal. They largely practise rain-fed agriculture in the backdrop of a decades-long farm crisis that is now overlaid with climate change-related weather variability.
• The DAMUs were located within Krishi Vigyan Kendras (KVKs). Scientists and researchers trained in meteorology and agriculture were recruited as DAMU staff. They used weather data provided by the IMD like rainfall, temperature and wind speeds to prepare agricultural advisories related to sowing and harvesting, usage of fertilizers and pesticides, irrigation etc.
• These advisories were sent to millions of farmers across the country free-of-cost in local languages twice a week. They were shared via text messages, WhatsApp groups, newspapers and also through in-person communication from DAMU staff and KVK officers.
• Since these advisories provided weather information in advance, they helped farmers plan activities like irrigation. They also served as early warnings for extreme events like droughts and heavy rainfall. Many studies conducted over the years have stressed the benefits of agro-met advisories.

Why were DAMUs shut down?

• According to an Article-14 report, the NITI Aayog misrepresented the role of District Agricultural Management Units (DAMUs) and advocated for their privatization. The report claims that NITI Aayog inaccurately stated that agro-met data was automated, thereby diminishing the role of DAMU staff. In reality, DAMU staff were crucial in creating agricultural advisories based on IMD weather data, which were disseminated to farmers in local languages. NITI Aayog also proposed monetizing these services, contrasting with the current free provision of agro-met information to all farmers.
• A policy brief from the National Institute of Advanced Studies (NIAS), Bangalore, released in August, highlights that localized and accessible advisories from District Agricultural Management Units (DAMUs) have significantly improved farmers' responses to climatic variations in the Kalyana-Karnataka region. This has led to increased yields and incomes. The brief recommends reconsidering the decision to discontinue DAMUs and suggests exploring ways to enhance their effectiveness and presence.

What about private players?

Currently, a few private companies offer weather advisories, but their services are often too costly for small and marginal farmers.  Dr. M. N. Thimmegowda, a professor at the University of Agricultural Sciences noted that annual subscriptions can cost ?10,000 per crop, leading to expenses of ?20,000-40,000 for vegetable and cereal growers, and up to ?60,000-80,000 for specialized advisories. Additionally, there is concern that these companies may provide biased recommendations for fertilizers and pesticides, favoring certain brands.

Why is it in the News?

The working paper released by the Economic Advisory Council (EAC) to the Prime Minister makes an erroneous assertion regarding the growth of the Muslim population.

Context:

• The discussion on India's religious demographics is frequently marred by sensationalism and misinterpretation, often driven by media and political narratives.
• A recent working paper by the Economic Advisory Council to the Prime Minister (EAC-PM), titled "Share of Religious Minorities: A Cross-Country Analysis (1950-2015)," has been a particular target of such distortions.
• Hence, it is crucial to critically examine the findings and interpretations of the EAC-PM's working paper, placing them within the broader socio-economic dynamics and demographic trends.

Composition of the Population of various communities highlighted by EAC:

• The population composition of various communities in the region has changed between 1950 and 2015, as highlighted by the data:
• In terms of absolute numbers, the Hindu population saw a substantial increase of 701 million individuals, while the Muslim population grew by 146 million.
• However, when looking at proportional changes, the Hindu population experienced a decrease of 6.64 percentage points, from 84.7% in 1950 to 78.06% in 2015.
  • Conversely, the Muslim population's proportion increased by 4.25, rising from 9.84% in 1950 to 14.09% in 2015.
• Despite these shifts in proportions, the Hindu population remains numerically larger than the Muslim population as of 2015.

What does the 2011 census say?

According to the 2011 census, the following changes in the proportions of various religious communities were observed in comparison to the 2001 census:

• The Hindu population's proportion relative to the total population decreased by 0.7 percentage points.
• The Sikh population's proportion saw a decline of 0.2 percentage points.
• The Buddhist population's proportion decreased by 0.1 percentage points.
• On the other hand, the Muslim population's proportion relative to the total population increased by 0.8 percentage points.
• The proportions of the Christian and Jain communities underwent no significant change during the 2001-2011 period.

A Study on Socio-Economic Aspects and Population Growth in the  Muslim Communities:

The Impact of Education:

• Education significantly influences fertility rates and overall population growth. Communities with higher educational attainment, particularly among women, generally exhibit lower fertility rates.
• Education equips individuals with knowledge about family planning, reproductive health, and the economic implications of large families.
• In India, disparities in educational attainment among different religious communities contribute to variations in population growth rates.
• Historically, the Muslim community has encountered barriers to accessing quality education, leading to higher fertility rates compared to the Hindu community.
• This indicates that the higher population growth rate among Muslims is due to limited educational opportunities rather than religious doctrine.

Economic Conditions:

• Economic stability plays a crucial role in determining family size and population growth.
• Economically stable families tend to have fewer children, enabling them to invest more resources in each child's health, education, and overall well-being.
• In contrast, economically disadvantaged communities often exhibit higher fertility rates as a response to economic insecurity, viewing children as contributors to household income.
• The higher growth rate of the Muslim population in India can be attributed to lower average income levels and limited access to economic opportunities within the community.
• Addressing economic disparities is essential for moderating population growth and enhancing overall human development.

Access to Healthcare:

• Healthcare access, especially reproductive health services, is a key determinant of fertility rates.
• Communities with better access to healthcare services, including contraception and maternal healthcare, typically have lower fertility rates.
• The Muslim community in India has historically faced challenges in accessing healthcare services, contributing to higher fertility rates.
• Improving healthcare access for all communities is vital for achieving balanced population growth and improving quality of life.

Cultural Factors and Gender Norms:

• Cultural factors and gender norms also influence fertility rates. Traditional norms valuing large families and early marriage can lead to higher fertility rates in some communities.
• Promoting gender equality and empowering women to make informed reproductive choices are crucial for moderating population growth.
• Programs aimed at changing cultural attitudes towards family size and encouraging later marriages can significantly impact reducing fertility rates.

Urbanization and Migration:

• Urbanization and migration patterns affect population growth, with urban areas generally exhibiting lower fertility rates than rural areas due to better access to education, healthcare, and economic opportunities.
• Migration from rural to urban areas can lead to a decline in fertility rates as individuals adapt to urban socio-economic conditions.
• In India, the Muslim population is more concentrated in rural areas, which tend to have higher fertility rates.
• Promoting urbanization and integrating rural communities into urban settings can contribute to balanced population growth.

Human Development Indicators:

• Human development indicators, such as life expectancy, child mortality rates, and literacy rates, are closely linked to population growth.
• Communities with higher human development indicators tend to have lower fertility rates.
• The lag in human development indicators among the Muslim community compared to the Hindu community underscores the need for targeted interventions to improve education, healthcare, and economic opportunities for all.

Religious Demography in a Broader Context:

Historical Stability in Religious Composition:

• Historical data indicates that India's religious composition has remained relatively stable over the decades.
• The 2021 Pew Research Centre report, which analyzed Census data from 1951 to 2011, reveals that the proportions of India's major religious groups have shown remarkable stability since Partition.
• This stability counters claims of dramatic demographic shifts.  The Hindu population has consistently constituted a large majority, while the proportions of other religious groups, including Muslims, have grown at a predictable rate.
• This historical perspective underscores that changes in religious demography are gradual and not indicative of sudden or alarming shifts.

Projections and Future Trends:

• Projections by leading demographers offer a nuanced understanding of future demographic trends.
• In a 2005 study, P. N. Mari Bhat and Francis Zavier projected that the proportion of Muslims in India’s total population would peak at around 18.8% by 2101.
• This projection is based on historical trends and factors such as declining fertility rates and improvements in socio-economic conditions.
• Recent data from the National Family Health Survey (NFHS) shows a significant decline in Muslim fertility rates, suggesting that the peak proportion might be even smaller if similar studies were conducted today.
• These projections highlight that fears of Muslims overtaking Hindus in population numbers are unfounded and not supported by empirical evidence.

Socio-Economic Development and Demographic Trends:

• Socio-economic development plays a critical role in shaping demographic trends. Improved education, healthcare, and economic opportunities lead to lower fertility rates across all communities.
• The decline in Muslim fertility rates, as observed in the NFHS data, is a direct result of better access to education and healthcare.
• This trend is expected to continue as development efforts reach more communities.
• Therefore, socio-economic development is essential for achieving balanced population growth and should be the focus of policy interventions.

Conclusion

The sensationalism and misinterpretation of the EAC-PM working paper's findings can obstruct informed public discourse. Achieving an accurate understanding of population dynamics demands a nuanced examination of socio-economic conditions and demographic data. As India awaits updated Census data, it's imperative to promote a discourse on religious demography that is informed and balanced, free from divisive political narratives.

Why is it in the News?

Equity in education, health care, and rights in India cannot succeed unless the ableist barriers that exclude Deaf and hard-of-hearing citizens are removed.

Context:

• As the 2024 general election in India concludes, the absence of sign language interpreters during the Election Commission of India's announcement in March highlights the ongoing exclusion of Deaf and Hard of Hearing (DHH) citizens.
• This incident reflects the broader societal neglect and ableism that marginalize the DHH community in daily life.
• It is crucial to examine the everyday challenges faced by DHH individuals, the limited opportunities available to them, and the necessary steps to address these issues.

Promoting Equity and Recognizing Exclusive Practices:

• India's goals for equitable education, healthcare, and rights are fundamentally compromised by persistent ableist barriers that exclude Deaf and Hard of Hearing (DHH) individuals.
• The National Programme for Prevention and Control of Deafness exemplifies this issue.
  • Although it addresses hearing impairment prevention and treatment, it fails to improve the quality of life for DHH individuals.
• The program emphasizes theoretical aspects like screening and hearing aids but neglects Indian Sign Language (ISL), essential for deaf communication.
• Despite the Social Justice Ministry establishing the ISL Research and Training Centre in 2015 and the National Education Policy 2020 recommending ISL standardization in schools, ISL remains unrecognized as an official language and is rarely used in educational systems, even in schools for the deaf.

The Debate Over Oralism and Educational Exclusion:

Historical Context and Pedagogical Approaches:

• The debate between oralism and the use of sign language in educating deaf individuals has deep historical roots, reflecting broader societal attitudes toward disability and communication.
• Emerging in the late 19th century, oralism emphasizes teaching deaf individuals to use their voices and read lips rather than relying on sign language.
• Proponents believed that integrating deaf individuals into the hearing world was best achieved by encouraging them to mimic spoken language as closely as possible, assuming this would enable them to function more effectively in a predominantly hearing society.

Criticisms of Oralism:

• Despite its intentions, oralism has faced widespread criticism for its limitations and negative impacts on deaf individuals.
• One major criticism is that oralism often leads to linguistic deprivation, especially in children.
• Learning to speak and read lips can be extremely challenging and time-consuming, resulting in delays in language acquisition and cognitive development.
• Without early and consistent exposure to a natural language like sign language, deaf children risk not developing the foundational language skills necessary for effective communication and learning.
• Additionally, oralism can create significant social isolation, as the pressure to conform to oral communication can undermine the development of a strong, positive deaf identity and sense of belonging within the deaf community.

The Case for Sign Language:

• In contrast, using sign language as the primary mode of instruction for deaf students has numerous benefits.
• Sign language is a natural and fully developed language that enables deaf individuals to communicate effectively from an early age.
• Research shows that early exposure to sign language supports cognitive development and academic achievement, allowing deaf children to develop language skills on par with their hearing peers.
• Furthermore, sign language fosters a sense of community and cultural identity among deaf individuals, providing a strong sense of belonging and self-worth.

The Indian Context:

• In India, the education system has largely adhered to the oralist approach, significantly impacting deaf students.
• Most educators in schools for the deaf are not trained in Indian Sign Language (ISL), perpetuating exclusion and limited accessibility.
• The current educational framework focuses on "rehabilitation," expecting deaf individuals to adapt to their surroundings rather than addressing the societal barriers impeding their inclusion.
• This approach fails to recognize the value of sign language and the importance of providing deaf students with a language-rich environment that supports their linguistic and cognitive development.

Everyday Challenges and Opportunities for the Invisible Deaf Population:

The Invisible Population:

• India's hearing-impaired population is substantial, with the 2011 Census reporting five million people, the National Association of the Deaf estimating 18 million, and the World Health Organization suggesting nearly 63 million Indians have significant hearing impairment.
• Despite these numbers, Deaf and Hard of Hearing (DHH) individuals remain largely invisible in society.
• Only 5% of deaf children attend school, often facing prolonged educational timelines due to an oralist curriculum.
• Employment opportunities for the deaf are limited, with government recruitment sometimes favouring those with lesser impairments, leading to protests.
• Despite petitions for Indian Sign Language (ISL) recognition, the government resists, citing the adequacy of the Rights of Persons with Disabilities Act (RPDA) 2016, which falls short in practical implementation.

Lack of Accessibility in Public Transport:

• DHH individuals face numerous every day challenges due to a lack of accessibility in public transport, media, public structures, and emergency services.
• Basic activities, such as following public announcements or accessing customer service, become insurmountable tasks.
• While some progress has been made with accessible options in films and sports, much remains to be done.
• Employment opportunities for the deaf are often restricted to low-skill jobs, and the government sector lags in accessibility and inclusion initiatives.
• Protests by the deaf community demanding better education and employment opportunities have often been met with force or empty promises.

Healthcare and Mental Health Accessibility:

• Access to healthcare poses additional challenges for the deaf community, as most hospitals lack interpreters, complicating communication.
• This is especially problematic in mental healthcare, where a lack of ISL-trained professionals further marginalizes DHH individuals.
• Although the Mental Healthcare Act of 2017 promises universal mental healthcare, its implementation is ineffective, with only 250 certified sign language interpreters available and no clear data on ISL-trained mental health professionals.

Way Forward:

• To address these issues, recognizing Indian Sign Language (ISL) as an official language and integrating it into schools and colleges for both hearing and Deaf and Hard of Hearing (DHH) students is crucial.
  • This approach would also create employment opportunities for DHH individuals as educators.
• Additionally, healthcare systems need to be updated to ensure easy and accessible communication for DHH patients, including employing language-concordant physicians.
  • Regulatory commissions in medical fields must reduce barriers for DHH individuals aspiring to healthcare professions, fostering a more inclusive workforce.
• Media channels should consistently offer deaf programming, and government event announcements should include live ISL interpreters, as seen in many other countries.
  • Timely interventions in these areas could lead to significant improvements, potentially ensuring real-time ISL interpretations in future elections.

Conclusion

The challenges faced by the Deaf and Hard of Hearing (DHH) community in India are complex and deeply rooted in societal ableism. While some progress has been made, much more needs to be done. It is crucial for authorities to actively engage with the DHH community and address their specific needs. By recognizing and implementing necessary changes, India can move towards a more inclusive society where the rights and needs of DHH individuals are fully acknowledged and met.

Why is it in the News?

Recently, India secured rights to invest in and operate the Shahid-Behesti terminal at Chabahar Port for another 10 years.

Context:

• The recent extension of the contract between India and Iran, granting New Delhi continued investment and operational rights at the Shahid-Beheshti terminal within Chabahar Port for another ten years, underscores the project's strategic and economic significance.
• This development occurs amid a turbulent period in West Asia, characterized by ongoing conflict in Gaza, escalating tensions between Israel and Iran, and a destabilizing helicopter crash resulting in the loss of Iran’s President and Foreign Minister.
• Nevertheless, the Chabahar project retains its pivotal role in cementing economic ties between India and Iran despite these formidable challenges.

Significance of the Chabahar Project for India:

• Economic Connectivity and Trade Advancement: Chabahar Port serves as a vital node in the International North-South Transport Corridor (INSTC), streamlining India's trade routes with Central Asia, Russia, and beyond.
  • By offering a direct sea-land route that circumvents Pakistan, Chabahar substantially cuts transportation time and costs for Indian exports bound for these regions.
  • This heightened connectivity fosters increased trade, economic convergence, and access to fresh markets, augmenting India's export potential and economic prosperity.
• Geopolitical Influence and Strategic Independence: Chabahar represents a strategic asset for India to assert its influence in the region and diminish reliance on Pakistani transit routes, often fraught with geopolitical tensions.
  • Through investment in Chabahar, India solidifies a strategic foothold in Iran, a nation wielding significant sway in West and Central Asia.
  • The port empowers India to project strength and maintain a strategic presence in a landscape where China, through its Belt and Road Initiative (BRI), and Pakistan, vie for dominance.
  • This strategic autonomy is pivotal for India's foreign policy, enabling adept navigation of intricate regional dynamics.
• Regional Security and Harmony: Chabahar Port assumes a crucial role in India's efforts towards regional security and stability, particularly concerning Afghanistan.
  • Endorsed by the Taliban and with their financial commitment, Chabahar emerges as a key conduit for humanitarian aid and economic provisions to Afghanistan, thereby fostering stability in a strife-ridden region.
  • By promoting economic growth and offering alternatives to Pakistani ports, Chabahar helps mitigate the peril of economic isolation for Afghanistan, fostering regional tranquillity.
• Countervailing Chinese Influence: Strategically positioned to counterbalance Chinese presence, Chabahar offers a distinct avenue to offset Chinese influence, notably vis-à-vis the China-Pakistan Economic Corridor (CPEC) and Gwadar Port.
  • While Gwadar, under China's dominion, lies proximate to Chabahar, the latter furnishes an alternative route pivotal for diversifying regional supply chains.
  • By fortifying Chabahar, India not only mitigates the strategic risks of Chinese infrastructure dominance but also offers a viable alternative for international trade routes evading Chinese control.
• Diplomatic Collaboration and Multilateralism: Chabahar Port epitomises India's dedication to diplomatic collaboration and multilateral engagement.
  • Through this venture, India showcases its adeptness in partnering with diverse international stakeholders, including Iran, Afghanistan, and Central Asian nations, nurturing a collaborative regional milieu.
  • The port aligns with broader international endeavours to bolster connectivity and economic amalgamation across Eurasia, positioning India as a pivotal player in regional developmental endeavours.
• Energy Security: Given Iran's substantial energy reserves, Chabahar Port holds promise in bolstering India's energy security.
  • By serving as a strategic ingress point for Iranian oil and gas, the port facilitates energy imports, diversifies India's energy sources, and diminishes dependence on any single nation or route.
  • This diversification is instrumental in securing a stable and resilient energy supply, indispensable for India's burgeoning economy.

Challenges in India-Iran Relations Amidst Chabahar Port Dynamics:

• Sanctions and Global Pressures: The imposition of international sanctions, particularly by the United States, has significantly disrupted economic ties between India and Iran.
  • Projects like the Farzad-B gas field and the Irano Hind Shipping Company bore the brunt of these sanctions directly.
  • The Chabahar Port project itself has faced intricacies due to U.S. sanctions, necessitating periodic exemptions for India to sustain its development efforts.
• Geopolitical Dynamics: India's strategic partnership with the United States sometimes clashes with its engagements with Iran, creating geopolitical complexities.
  • During the Obama administration, India curtailed its oil imports from Iran in line with U.S. policies on Tehran’s nuclear program, impacting bilateral trade and diminishing Iran's standing as a major oil supplier to India.
• Competing Regional Agendas: India and Iran harbour divergent regional interests that occasionally conflict.
  • While Iran aims to bolster its influence in West Asia and deepen ties with nations like China and Russia, India’s regional focus includes countering China’s Belt and Road Initiative and safeguarding its interests in Afghanistan.
  • These disparate priorities can lead to friction and curtail the extent of bilateral cooperation.

Recommendations for Future Engagement:

Diversification of Economic Cooperation: While the Chabahar Port remains crucial, India and Iran should broaden their economic collaboration beyond it.

• • Exploring sectors like energy, agriculture, pharmaceuticals, and technology through revived projects like the Farzad-B gas field or new joint ventures can enhance economic ties.
  • Establishing a comprehensive trade framework involving tariff reduction, streamlined customs procedures, and investment incentives can stimulate bilateral commerce.

Enhancement of Diplomatic Engagement: Regular high-level visits and dialogues are essential to address misunderstandings and align strategic interests.

• • Institutionalizing such engagements ensures continuous and structured communication between the two nations.
  • Leveraging participation in multilateral forums like the United Nations and regional organizations can facilitate joint initiatives, amplifying diplomatic influence and fostering closer ties.
• Balancing Geopolitical Alignments: India should navigate its strategic partnership with the United States while engaging with Iran, emphasizing the significance of projects like Chabahar.
  • Diplomatic efforts should prioritize securing exemptions from sanctions hindering critical projects, necessitating transparent communication with the U.S.
  • Strengthening ties with other regional actors such as Afghanistan, Central Asian countries, and Russia can reinforce India-Iran relations and regional stability.
  • By implementing these recommendations, India and Iran can foster a more robust and diversified partnership, enhancing mutual prosperity and geopolitical stability in the region.

Conclusion

The Chabahar port project symbolizes the intricate fabric of India-Iran relations, intertwining economic ambitions with strategic considerations. Amidst the shifting tides of geopolitics, Chabahar emerges as a symbol of the enduring collaboration between the two nations.

Maintaining this foundational project while expanding economic collaboration and diplomatic finesse will be pivotal in fortifying and advancing the India-Iran relationship in the years ahead.

Why is it in the News?

According to a recent report, the Pradhan Mantri Janjati Adivasi Nyaya Maha Abhiyan (PM JANMAN) is facing challenges in implementation.

Context:

• India is home to numerous tribal groups, including 75 identified as Particularly Vulnerable Tribal Groups (PVTGs) across various states.
• To address their socio-economic backwardness, the Government of India launched the Pradhan Mantri PVTG Development Mission in 2023-24.
• Despite this initiative, both PVTGs and frontline officials encounter significant challenges when using a mobile application to register for the housing scheme.

What is the Pradhan Mantri Janjati Adivasi Nyaya MahaAbhiyan (PM JANMAN)?

• The Pradhan Mantri Janjati Adivasi Nyaya MahaAbhiyan (PM JANMAN) is an initiative launched by the Government of India to uplift and empower the Particularly Vulnerable Tribal Groups (PVTGs).

Its key objectives and implementation aspects:

• The PM JANMAN initiative aims to ensure that PVTGs have access to essential services and improved living standards by addressing their critical needs through a comprehensive set of interventions.
  • One of the flagship programs under this initiative is the Housing scheme, a Direct Benefit Transfer (DBT) scheme designed to provide secure and habitable housing to PVTG households.
• The Housing scheme targets to reach 4.90 lakh PVTG households by the year 2026, with each household entitled to receive ?2.39 lakh in three instalments.
  • This financial assistance is intended to enable these vulnerable communities to construct safe and durable houses, protecting them from environmental challenges and providing a sense of security and dignity.
• By addressing the critical need for safe housing, along with other interventions focused on clean drinking water, sanitation, and other essential services, the PM JANMAN initiative aims to uplift the living conditions of PVTGs and empower them to overcome the challenges they face.
  • This comprehensive approach seeks to create a supportive environment for the overall development and well-being of these marginalized communities. CopyRetry

What are the Challenges Associated with PM JANMAN Housing Scheme Implementation?

Data Mismatch and Ineligibility Issues:

• A significant challenge in the registration process is the widespread deletion of job cards, essential for registering for the PM JANMAN Housing scheme.
• Over the past two years, more than eight crore MGNREGA workers' job cards, including those of PVTG members, have been deleted. This massive data purge has prevented many eligible households from registering for the scheme, thereby excluding them from receiving benefits.
• Additionally, incorrect registrations have been reported, where individuals register using others' job cards.
• This not only deprives rightful owners of their entitlements but also creates administrative burdens in correcting these errors.

Discrepancies in Data Collection Systems:

• The 'Awaas+' registration app, used by block/panchayat-level officials, is critical for data collection but has significant discrepancies with other official records.
  • For instance, in Vanjari Panchayat, Alluri Sitharama Raju district, Andhra Pradesh, the app lists only 22 villages, while the MGNREGA Management Information System (MIS) lists 31 villages.
• These discrepancies confuse beneficiaries and officials and may lead to the exclusion of eligible households.

App Usability and Confusion:

• The 'Awaas+' app's user interface and functionality present several challenges. The app collects beneficiaries' data in three main areas: geographical location, household profiles, and bank account details.
• However, its design and operational issues make the process cumbersome.
• The app includes pre-populated village lists that often do not match official records, leading to incorrect registrations or an inability to register certain households.

Geo-tagging and Network Issues:

• The app’s geo-tagging feature, meant to accurately record household locations and planned construction sites, faces issues due to network problems in remote areas.
• These network issues hinder the geo-tagging process, resulting in incomplete or incorrect data entries, which affects registration and service delivery planning.

Financial Inclusion Barriers:

• The app's bank selection functionality is another significant hurdle. Beneficiaries must choose from three categories of banks (Cooperative Bank, Commercial Bank, or Regional Rural Bank), each presenting numerous options.
  • For instance, selecting 'Commercial Bank' can display over 300 options, and choosing 'State Bank of India' can show over 500 branch options.
• This complexity is overwhelming for beneficiaries and officials, especially those with limited digital literacy.
• Despite the Government of India’s push for India Post Payments Bank (IPPB) to enhance financial inclusion in remote areas, the app does not list IPPB, limiting access to convenient banking services for many PVTG households.

Inclusivity and Accessibility Issues:

• The app also fails to capture specific information about PVTGs, defaulting to a general 'ST' (Scheduled Tribe) category.
• This oversight results in non-PVTG registrations, complicating the process further. Local officials sometimes require PVTG members to obtain certification from village leaders, problematic in areas where PVTGs and non-PVTGs coexist.
• Additionally, network issues exacerbate the geo-tagging feature's challenges, adding to the difficulties faced by officials and beneficiaries alike.

Recommendations for Policymakers to Improve the PM JANMAN Scheme:

User-Friendly Application Interface:

• Redesign the ‘Awaas+’ mobile app to simplify navigation with intuitive menus and clear instructions.
• This will assist both beneficiaries and frontline officials who may not be tech-savvy. Include detailed guidelines on entering names and other details, especially when Aadhaar information is unavailable or differs from official records.

Accurate and Comprehensive Data Lists:

• Ensure the app’s pre-populated lists of villages and other data fields are regularly updated and synchronized with other government databases, such as the MGNREGA Management Information System (MIS), to eliminate discrepancies.
• Additionally, include explicit fields for PVTGs within the app to prevent incorrect registration of non-PVTG households.

Include IPPB in Banking Options:

• Add the India Post Payments Bank (IPPB) to the list of available banks in the registration app.
• Given IPPB’s extensive reach in rural and remote areas, this inclusion would significantly enhance financial access for PVTG households.
• Simplify the bank selection process by implementing a search function or categorizing banks more effectively to facilitate easier selection by users.

Improve Technical Infrastructure:

• Invest in improving network connectivity in remote areas to support geo-tagging and other app functionalities.
• Partner with telecom companies to extend coverage to underserved regions and develop offline capabilities for the registration app, allowing data collection without immediate internet access and subsequent synchronization when connectivity is available.

Provide Comprehensive Training and Support:

• Implement comprehensive training programs for frontline officials and community volunteers on using the app and managing the registration process efficiently.
• Establish dedicated technical helplines or support centres to assist with real-time troubleshooting and provide guidance for users facing difficulties.

Conclusion

While various initiatives have targeted the vulnerabilities of PVTGs, accessing government benefits remains a substantial challenge for these marginalized communities. The PM JANMAN initiative stands as a potential avenue to enhance the well-being of PVTGs. However, it is imperative to address the existing obstacles in the registration process and prioritize inclusivity and accessibility. The PM JANMAN scheme presents an opportunity to shift the paradigm for PVTGs, but its success hinges on effectively tackling implementation challenges and fulfilling the commitments made.

Why is it in the News?

The process of judicial review should be strong, immediate, and unambiguous in the case of statutes that are obviously unconstitutional or divisive.

Context:

• The role of judicial review has become increasingly significant in contemporary times.
• The Supreme Court of India is currently examining a crucial case regarding the constitutionality of the Citizenship (Amendment) Act (CAA) and its associated rules.
• The ambiguity in these rules has raised concerns, especially for applicants whose citizenship requests have been denied, highlighting the urgent need for redress.
• Additionally, the issue of dual citizenship for foreign applicants, without renouncing their original citizenship, has created a conflict with the law.
• This ambiguity goes against the Parent Act's spirit, as some petitioners pointed out.

Legislative Malice, Judicial Review, and the Challenge of Populist Regimes:

• Constitutional courts do not routinely interdict statutes or statutory rules, as laws passed by Parliament are generally presumed valid unless proven to contravene constitutional provisions.
  • Moreover, the legal doctrine maintains that malice cannot typically be attributed to the legislative process, as established in Manish Kumar vs Union of India (2021).
• In Gurudevdatta Vikoos Maryadit vs State Of Maharashtra (2001), the Supreme Court further emphasized that "legislative malice is beyond the pale of jurisdiction of the law courts."
  • However, this conventional wisdom may be insufficient when addressing the unique challenges posed by populist regimes employing motivated legislation.
• As populist governments worldwide increasingly weaponize legislation to further their political agendas, the question arises as to whether constitutional courts should reconsider their stance on legislative malice.
  • Given the potential for populist regimes to undermine democratic principles and erode the rule of law, the need for robust judicial review has never been greater.
• In light of these challenges, a careful reevaluation of the limits of judicial intervention may be necessary to ensure that the rights and freedoms enshrined in constitutional democracies are protected from malicious legislative actions.

Judicial Challenges and Lessons from the Recent Cases:

• Recent cases have highlighted the pressing need for a more proactive judiciary in safeguarding democratic principles and the rule of law.
• In Vivek Narayan Sharma vs Union of India (2023), the irreversible consequences of the absence of judicial intervention regarding Kashmir's special status were brought to the forefront.
• The Anoop Baranwal vs Union of India (2023) case underscored the necessity for an independent body to select the Election Commission of India (ECI).
  • However, the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, reintroduced the "Prime Minister's Committee" system for ECI appointments, raising concerns about the impartiality of the selection process.
• When this Act was challenged in Jaya Thakur vs Union of India (2024), the Court declined to halt its implementation, citing the presumption of validity.
  • This decision exemplifies how an overly deferential approach to legislative actions can potentially jeopardize democratic institutions and processes.

Case Studies and Implications of Targeted Legislation:

• The Citizenship (Amendment) Act (CAA): CAA exemplifies targeted legislation, as it explicitly excludes Muslims from the citizenship application process, demonstrating a clear case of legislative malice through religious categorization.
• Tripple Talaq case: Another instance of targeted legislation is the Muslim Women (Protection of Rights on Marriage) Act (2019), which criminalized instant triple talaq.
  • Despite the Supreme Court declaring instant triple talaq void in Shayara Bano (2017), the Act's criminalization of an already legally invalid practice appears excessive and unnecessary.
• Unintended effects: Unintended consequences have arisen from the triple talaq legislation, as some individuals now resort to alternative divorce methods or desertion to avoid potential legal repercussions.
  • Although the law aimed to protect Muslim women, it has paradoxically worsened their situation.
  • Furthermore, such divisive measures have inspired similar legislation in other states, such as anti-conversion laws, perpetuating social divisions.
• These cases reveal the need for a vigilant judiciary to scrutinize targeted legislation and ensure that laws do not perpetuate discrimination or undermine fundamental rights.
  • Addressing legislative malice is essential for preserving the integrity of democratic institutions and upholding constitutional principles.

Judicial Scrutiny in Contemporary Politics: International Perspectives and Indian Precedents

• The Evolution of Judicial Scrutiny in Modern Politics: Traditionally, the United States has been cautious about judicial nullification of statutes based on malicious intent.
  • John Hart Ely argued that using the Constitution to penalize perceived ill intentions of political leaders is inappropriate.
• Susannah W. Pollvogt's Viewpoint on Discriminatory Law: However, in today's political climate, where legislative actions driven by malice are increasingly common, a growing need for more rigorous judicial scrutiny has emerged.
  • Scholar Susannah W. Pollvogt contends that animus, or hostility, can never justify discriminatory state actions under equal protection analysis.
  • She cites the United States Dept. of Agriculture vs Moreno (1973) to illustrate how legislation targeting specific groups reflects discriminatory intent and a desire to cause harm.
• Indian Legal Precedents for Judicial Intervention: In India, there are instances where the Supreme Court has intervened to halt the implementation of parliamentary legislation.
  • In Ashoka Kumar Thakur vs Union of India (2007), the Court issued a judicial injunction regarding the allocation of a 27% quota for Other Backward Community (OBC) candidates in professional colleges.
• More recently, in Rakesh Vaishnav vs Union of India (2021), the Supreme Court's stay order on three controversial farm laws effectively prevented their enforcement.
  • This intervention eventually led to the government's withdrawal of the laws amidst widespread farmer protests.
• These cases demonstrate the vital role of the judiciary in safeguarding fundamental rights and democratic principles.
• As legislative malice becomes more prevalent, judicial scrutiny must evolve to ensure that laws do not perpetuate discrimination or undermine constitutional values.

Conclusion

To protect constitutional principles and democratic values, judicial review must be prompt, vigorous, and unambiguous when confronted with divisive or unconstitutional statutes. The Supreme Court should learn from its past decisions and recognize the political impact of its actions, particularly during critical moments. Delayed adjudication can render constitutional review ineffective, making time-sensitive intervention essential in addressing malicious and unconstitutional legislation.

Why is it in the News?

The hyperpoliticisation of Indian higher education is a grave threat to academic institutions, the academic profession, and intellectual life in general.

Context:

• The higher education system in India is one of the largest globally, showcasing its rich historical legacy and future ambitions.
• The country is home to an impressive range of institutions, including the globally renowned Indian Institutes of Technology (IITs) and Indian Institutes of Management (IIMs), as well as a vast network of universities and colleges.
• Notably, the QS World University Rankings for Asia 2024 highlight India as having the most represented higher education system.
• However, this expansive framework faces numerous challenges and opportunities that shape the current higher education landscape in India.
• While access has significantly expanded, concerns about quality, relevance, and the ability to prepare youth for the 21st century remain.
• Additionally, recent reports have pointed to a troubling trend of increasing politicization within Indian higher education institutions, which threatens academic freedom, intellectual discourse, and overall educational quality.

Current Status of Higher Education in India:

As per the All India Survey of Higher Education (AISHE) 2021-22, released in January 2024:

• Student Enrolment: Higher education institutes have seen a significant rise in student enrolment, reaching 4.33 crore in 2021-22 from 4.14 crore in 2020-21 and 3.42 crore in 2014-15.
  • Notably, women's enrolment has surged by 32% to 2.07 crore in 2021-22 from 1.5 crore in 2014-15, with the highest proportion enrolled at the postgraduate level (55.4%).
• Gross Enrolment Ratio (GER) and Gender Parity Index (GPI): India's estimated GER for the age group 18-23 years stands at 28.4%.
  • The GPI, reflecting the female GER to male GER ratio, is 1.01 at the national level, indicating gender parity.
• Discipline-wise Enrolment: At the undergraduate level, the Bachelor of Arts (BA) programme leads with 34.2% enrolment, followed by science (14.8%), commerce (13.3%), and engineering and technology (11.8%).
  • Social science dominates postgraduate enrolment, with around 10.8 lakh students.
• Primacy of Government Institutions: Government universities attract 73.7% of all students, despite comprising only 58.6% of all universities.
  • State public universities hold the largest share of enrolment, accounting for approximately 31% of government-owned universities.

Current Challenges in India's Higher Education System:

• Politicization and Lack of Autonomy: Concerns arise regarding the growing politicization of higher education institutions, including allegations of political interference in appointments and curriculum decisions.
  • Many institutions lack autonomy in crucial areas like faculty recruitment and curriculum design, hindering innovation and adaptability.
• Inequitable Access and Low GER: Access to higher education remains unequal, with disparities based on socio-economic status, gender, and geography.
  • Although India's Gross Enrolment Ratio (GER) has improved (currently 28.4%), it still falls below the global average of 36.7%.
• Limited Funding: Budget cuts in the education sector, including a 7% reduction in the Interim Budget 2024-25 and a 61% decrease in the allocation for the University Grants Commission, pose significant challenges.
  • Despite rising Gross Expenditure on Research and Development (GERD), India's R&D investment as a percentage of GDP lags behind other countries.
• Shortage of Faculty and Brain Drain: There is a severe shortage of qualified faculty members in Indian higher education institutions, with over 30% of teaching positions vacant in 45 Central Universities as of 2023.
  • The brain drain of talented academics to other countries or the private sector exacerbates this issue.
• Inadequate Industry-Academia Collaboration: Insufficient collaboration between higher education institutions and industries leads to a skill gap among graduates, with a significant demand-supply gap in key roles such as ML engineer and data scientist.
• Uneven Regional Development: Higher education institutions' development varies across regions and states, with states like Delhi, Tamil Nadu, and Maharashtra hosting more reputed institutions compared to northeastern and central regions, which face challenges in terms of quality and access.

How Can the Higher Education System in India Be Revamped?

• Redefine Universities' Role: Shift focus from rote learning to practical skill development through project-based learning, internships, and industry collaborations.
  • Encourage universities to engage with local communities on social development projects, promoting social responsibility among students.
  • Transform institutes from "Degree Issuers" to "Skill Generators."
• Open Educational Resources (OER): Enhance the National Digital Library of India and promote the development and adoption of open educational resources, like MIT OpenCourseWare, providing free access to quality educational materials.
  • This approach could reduce costs, enhance access, and foster a culture of knowledge sharing.
• Entrepreneurship and Innovation Centers: Establish dedicated centres within universities, inspired by Stanford University's StartX program, offering mentorship, funding opportunities, and a supportive ecosystem for students and faculty to transform innovative ideas into successful ventures.
• Dual Study Programs: Implement phase-wise dual study programs, inspired by Germany's apprenticeship model, where students combine theoretical learning at universities with practical training in companies.
  • This approach ensures industry-relevant skill development and enhances employability.
• Competency-based Credentialing and Blockchain Certificates: Implement a competency-based credentialing system that recognizes skills and competencies acquired through various learning pathways.
  • Leverage blockchain technology to issue tamper-proof, verifiable digital certificates and credentials, promoting lifelong learning, skill-based education, and recognition of diverse learning experiences.
• Transnational Education Partnerships: Promote collaborations with reputed international universities for joint degrees, twinning programs, or branch campuses.
  • This approach could enhance global exposure, facilitate knowledge transfer, and improve the international competitiveness of Indian higher education.

Key Government Initiatives in Higher Education:

• National Education Policy (NEP) 2020: Aims to transform the education system, focusing on multidisciplinary learning, skill development, and promoting research and innovation.
  • It proposes increasing the Gross Enrollment Ratio in higher education to 50% by 2035.
• Institutions of Eminence (IoE) Scheme: Launched in 2018, this scheme selects 20 institutions to enjoy complete autonomy, aiming to improve their global rankings and enhance higher education quality.
• National Credit Framework: Designed to integrate training and skill development into the education system.
  • Credits earned by students will be stored digitally in the Academic Bank of Credits, accessible via a linked Digilocker account.
• Revamped Accreditation and Ranking Systems: The National Institutional Ranking Framework (NIRF) ranks higher education institutions across categories, while the revamped National Assessment and Accreditation Council (NAAC) ensures quality standards among institutions.
• Digital Initiatives: SWAYAM, an online learning platform, offers courses from school to postgraduate levels.
  • The National Digital Library of India provides access to educational resources.
• SHE under INSPIRE: The Scholarship for Higher Education (SHE) program, part of the Innovation in Science Pursuit for Inspired Research (INSPIRE) by the Department of Science and Technology (DST), supports deserving students in basic and natural sciences at undergraduate, postgraduate levels and encourages research careers through scholarships.
• Study in India Program: Launched in 2018, this program attracts international students by offering scholarships and streamlining admission processes.
• Foreign Institutions in India: The University Grants Commission's 2023 regulations allow foreign universities ranked among the world's top 500 to establish branch campuses in India.

Conclusion

India's higher education sector is undergoing significant reforms and initiatives aimed at enhancing quality, accessibility, and global competitiveness. Through policies like the National Education Policy 2020 and programs such as Institutions of Eminence, the government is prioritizing multidisciplinary learning, skill development, and research promotion. Digital initiatives like SWAYAM and the Study in India Program further contribute to modernizing and internationalizing higher education, while efforts to attract foreign institutions and scholarships underscore India's commitment to fostering innovation and excellence in education.

Why is it in the News?

India can take the lead in shaping non-controversial legislative text that addresses the gaps in the laws of the sea, especially in exploratory activities that concern freshwater extraction.

Context:

• Recent statistics reveal that the vast majority of Earth's water is saline, leaving only a small portion as freshwater. Surprisingly, just 0.3% of this freshwater exists in liquid form on the surface, highlighting the significance of subterranean freshwater reserves, including those beneath the ocean floor.
• This emphasizes the growing importance of underground freshwater resources amid the escalating scarcity of surface water.

What are Undersea Freshwater Reserves?

• Undersea freshwater reserves are large volumes of fresh water found beneath the ocean floor.
• In the 1960s, the U.S. Geological Survey made an unexpected discovery of freshwater reserves beneath the ocean floor while drilling off the coast of New Jersey.
• This finding has since been followed by international scientific teams uncovering additional sources of underwater freshwater across the globe, notably including a deep river at the bottom of the Black Sea.
• This particular underwater river is over 100 feet deep, flows at a rate of about four miles per hour, and boasts a volume comparable to some of the world's largest land-based rivers.
• As freshwater resources on land become increasingly scarce, countries are turning their attention towards exploring and potentially exploiting both surface and subsurface freshwater reserves within their maritime zones.
• It is anticipated that these efforts may eventually extend beyond national Exclusive Economic Zones into regions governed by the United Nations Law of the Sea Convention, highlighting the significance of this valuable resource and the increasing need for its sustainable management.

Legal and Policy Framework of Ocean Governance:

• United Nations Convention on the Law of the Sea (UNCLOS): The United Nations Convention on the Law of the Sea (UNCLOS) serves as the primary legal framework governing the management and constitution of the world's oceans.
  • It incorporates most internationally recognized maritime laws while also acknowledging the importance of customary international law in sea governance.
  • UNCLOS designates the "Area" beyond national jurisdiction as the seabed, ocean floor, and subsoil, defining it as the common heritage of mankind.
  • This classification underscores the notion that these regions should be available for the benefit of current and future generations.
• 1958 Geneva Conventions: The 1958 Geneva Conventions on the Law of the Sea also play a vital role in maritime legal doctrine.
  • These include the Convention on the Territorial Sea and the Contiguous Zone, the Convention on the High Seas, the Convention on Fishing and Conservation of the Living Resources of the High Seas, and the Convention on the Continental Shelf.
  • These Geneva Conventions address many issues similar to those covered by UNCLOS and draw their principles from customary international law, reinforcing the essential foundations of maritime legal norms.
• Exclusive Economic Zones and the "Area" under UNCLOS: UNCLOS delineates Exclusive Economic Zones (EEZs) extending up to 200 nautical miles from coastal boundaries, granting states exclusive rights to marine resources within this zone.
  • Beyond the EEZ lies the "Area," designated as the common heritage of mankind, managed collectively for sustainable utilization.

Navigating Complexities in UNCLOS and Geneva Conventions:

• The United Nations Convention on the Law of the Sea (UNCLOS) and the 1958 Geneva Conventions on the Law of the Sea present complex legal interplays due to varying degrees of ratification and overlapping jurisdictions.
  • For instance, UNCLOS supersedes the Geneva Conventions for its signatories but does not apply to non-signatory states.
  • This divergence in international agreements is exemplified by the United States, which is a signatory to the Geneva Conventions but not UNCLOS.
• The term "resources" under UNCLOS is limited to solid, liquid, or gaseous mineral resources found in the Area.
  • However, it remains unclear whether this definition extends to freshwater. Given the increasing scarcity of freshwater resources, potential conflicts may arise over its exploration and extraction in the "Area," particularly in the absence of specific legislation governing resources beyond national jurisdiction.
• The complex legal landscape is further exacerbated by the presence of multiple pieces of maritime legislation that fail to address emerging challenges effectively.
  • Additionally, the regulatory authority of the International Seabed Authority (ISA) under UNCLOS adds another layer of complexity, as it remains unclear who regulates state parties to the Geneva Conventions regarding mining and exploratory activities in the "Area.

Significance of Freshwater Exploration for the Future:

• Addressing Scarcity: Given that merely 0.3% of Earth's freshwater is readily available on the surface, the exploration of underground and underwater sources emerges as imperative to satisfy future water demands.
• Conflict Prevention: As freshwater scarcity intensifies, the exploration and protection of underwater sources serve as proactive measures to mitigate potential conflicts over water resources.
• Promoting Sustainability: Engaging in responsible freshwater exploration aligns with Sustainable Development Goals, fostering the sustainable utilization of natural resources to ensure their availability for future generations.

Way Forward:

• Legislative Clarity: It is crucial to create a thorough legal framework that addresses the difficulties of discovering freshwater reserves outside of national borders.
  • This framework should harmonize UNCLOS provisions with customary international law, ensuring clarity and consistency in governing maritime activities.
• International Collaboration: Engaging in constructive dialogue and negotiation forums, nations can strive to reconcile divergent legal interpretations and foster mutual understanding.
  • Establishing multilateral agreements and protocols can enhance cooperation and coordination in managing underwater freshwater resources.
• Research and Technological Advancement: Investment in research and technological innovation is crucial for unlocking the full potential of underwater freshwater reserves.
  • Advanced exploration techniques and sustainable extraction methods can optimize resource utilization while minimizing environmental impact.
• India's Leadership Role: As a pivotal stakeholder in maritime affairs, India can spearhead international discourse on freshwater exploration.
  • By advocating for inclusive and equitable approaches, India can contribute to the development of global norms and standards governing underwater resource management.

Conclusion

The increasing scarcity of freshwater underscores the urgent need for an internationally recognized legislative framework to govern the exploration and exploitation of underground freshwater resources. The establishment of such a framework would not only help prevent potential conflicts but also ensure the sustainable utilization of this vital resource for the benefit of both present and future generations on a global scale. By proactively addressing these challenges, nations can work together to secure the long-term availability and equitable distribution of freshwater, fostering stability and prosperity in an increasingly water-scarce world.

Why is it in the News?

As generative AI technology becomes more prevalent, safeguarding consumers' ability to navigate digital environments securely has become increasingly imperative.

Context:

• In recent times, the integration of generative artificial intelligence (AI) across industries has significantly transformed operational processes.
• However, this rapid advancement has also led to the emergence of new cyber threats and safety concerns.
• With incidents such as hackers exploiting generative AI for malicious purposes, including impersonating kidnappers, it is evident that a comprehensive analysis and proactive approach are required to address and mitigate the potential risks associated with this technology.
• A study by Deep Instinct revealed that 75% of professionals observed a surge in cyberattacks over the past year, with 85% attributing this escalation to generative AI.
• Among surveyed organizations, 37% identified undetectable phishing attacks as a major challenge, while 33% reported an increase in the volume of cyberattacks.
• Additionally, 39% of organizations expressed growing concerns over privacy issues stemming from the widespread use of generative AI.

Significant Impact of Generative AI & Growing Cybersecurity Challenges:

• Transformative Impact: Generative AI has revolutionized various sectors like education, banking, healthcare, and manufacturing, reshaping our approach to operations.
  • However, this integration has also redefined the landscape of cyber risks and safety concerns.
• Economic Implications: The generative AI industry's projected contribution to the global GDP, estimated between $7 to $10 trillion, underscores its significant economic potential.
  • Yet, the development of generative AI solutions, such as ChatGPT introduced in November 2022, has introduced a cycle of benefits and drawbacks.
• Rising Phishing and Credential Theft: An alarming surge of 1,265% in phishing incidents/emails and a 967% increase in credential phishing since late 2022 indicates a concerning trend.
  • Cybercriminals exploit generative AI to craft convincing emails, messages, and websites, mimicking trusted sources to deceive unsuspecting individuals into divulging sensitive information or clicking on malicious links.
• Emergence of Novel Cyber Threats: The proliferation of generative AI has expanded the cyber threat landscape, enabling sophisticated attacks.
  • Malicious actors leverage AI-powered tools to automate various stages of cyber-attacks, accelerating their pace and amplifying their impact.
  • This automation poses challenges for detection and mitigation, making attacks more challenging to thwart.
• Challenges for Organizations: Organizations across sectors face escalating cyber threats, including ransomware attacks, data breaches, and supply chain compromises.
  • The interconnected nature of digital ecosystems exacerbates the risk, as vulnerabilities in one system can propagate to others, leading to widespread disruption and financial losses.
  • Additionally, cybercriminals' global reach and anonymity pose challenges for law enforcement and regulatory agencies.

The Bletchley Declaration: Addressing AI Challenges

• Global Significance: The Bletchley Declaration represents a pivotal global initiative aimed at tackling the ethical and security dilemmas associated with artificial intelligence, particularly generative AI.
  • Named after Bletchley Park, renowned for its British code-breaking endeavours during World War II, the declaration embodies a collective resolve among world leaders to shield consumers and society from potential AI-related harms.
• Acknowledgement of AI Risks: The signing of the Bletchley Declaration at the AI Safety Summit underscores the mounting awareness among global leaders regarding AI's inherent risks, notably in the cybersecurity and privacy realms.
  • By endorsing coordinated efforts, participating nations affirm their dedication to prioritizing AI safety and security on the international agenda.
• Inclusive Engagement: The Bletchley Declaration's inclusive nature is evident in the involvement of diverse stakeholders, including major world powers like China, the European Union, India, and the United States.
  • By fostering collaboration among governments, international bodies, academia, and industry, the declaration facilitates cross-border and cross-sectoral knowledge exchange, essential for effectively addressing AI challenges and ensuring equitable regulatory frameworks.
• Consumer Protection Focus: At its heart, the Bletchley Declaration underscores the imperative of safeguarding consumers against AI-related risks.
  • Participating countries commit to formulating policies and regulations that mitigate these risks, emphasizing transparency, accountability, and oversight in AI development and deployment.
  • Additionally, mechanisms for redress in cases of harm or abuse are prioritized.
• Ethical AI Promotion: A core tenet of the Bletchley Declaration is the promotion of ethical AI practices.
  • Participating nations pledge to uphold principles of fairness, accountability, and transparency in AI development and usage, striving to prevent discriminatory or harmful outcomes.
  • This commitment aligns with broader endeavours to ensure responsible AI deployment for the betterment of society.

Alternative Measures for AI Risk Mitigation:

• Institutional-Level Strategies: Governments and regulatory bodies can enact robust ethical and legislative frameworks to oversee the development, deployment, and utilization of generative AI technologies.
  • These frameworks should prioritize consumer safeguarding, transparency, and accountability, all while fostering innovation and economic prosperity.
  • Furthermore, the integration of watermarking technology can aid in the identification of AI-generated content, empowering users to discern between authentic and manipulated information.
  • This proactive approach can substantially mitigate the prevalence of misinformation and cyber threats stemming from AI-generated content.
• Continuous Innovation and Adaptation: Sustained investment in research and development is imperative to proactively address emerging cyber threats and devise innovative solutions to counter them.
  • By bolstering support for cutting-edge research in AI security, cryptography, and cybersecurity, governments, academia, and industry can drive technological progress that fortifies cybersecurity resilience and mitigates the inherent risks associated with generative AI.

Conclusion

Effectively tackling the challenges presented by generative AI demands a comprehensive strategy encompassing regulatory, collaborative, and educational efforts across institutional, corporate, and grassroots domains. Through the enactment of robust regulatory frameworks, stakeholders can collaboratively mitigate the risks posed by AI-driven cyber threats, fostering a safer and more secure digital environment for all.

Why is it in the News?

The top court has a chance, in Property Owners Association vs State of Maharashtra, to resolve the clash between fundamental rights and Directive Principles of State Policy.

Context:

• In a recent hearing before a nine-judge Bench of the Supreme Court of India in Property Owners Association vs State of Maharashtra, two crucial questions have surfaced concerning the interpretation and implementation of constitutional provisions.
• The initial query revolves around elucidating the concept of "material resources of the community" as articulated in Article 39(b) of the Indian Constitution.
• The subsequent issue delves into the potential discord between legislation crafted to fulfil the objectives delineated in Article 39(b) and the fundamental rights to equality and liberty enshrined in Part III of the Constitution.

The Conflict Between Fundamental Rights (FR) and Directive Principles of State Policy (DPSP):

• Inherent Dilemma: At the core of India's constitutional framework lies a significant tension between fundamental rights and directive principles of state policy (DPSP).
  • Part III guarantees citizens' fundamental rights, while Part IV outlines DPSPs as guiding principles for state action.
  • This tension stems from the divergent nature of these provisions:
    • fundamental rights are legally enforceable
    • whereas DPSPs serve as moral and political directives without judicial enforceability.
• Clash of Objectives: The conflict between fundamental rights and DPSPs arises from conflicting priorities: individual liberties versus collective welfare.
  • While fundamental rights focus on safeguarding individual autonomy and limiting state interference, DPSPs underscore the state's responsibility to foster social and economic justice for citizens' well-being.
  • This tension is compounded by India's diverse societal fabric, marked by varying social, economic, and cultural landscapes.
• Historical Discourse: The conflict between fundamental rights and DPSPs has sparked considerable debate and legal scrutiny throughout India's constitutional history.
  • Courts have grappled with striking a balance between state intervention for societal welfare and safeguarding individual freedoms, especially when legislative measures aimed at fulfilling DPSPs impinge on fundamental rights.
  • The Supreme Court's pivotal role in adjudicating these conflicts has significantly shaped India's constitutional democracy.
• Intensified Debate: During the 1970s, the conflict between fundamental rights and DPSPs reached a zenith, prompting amendments to shield certain laws from judicial review.
  • The landmark Kesavananda Bharati vs State of Kerala (1973) case sought to address this conflict, yet it persisted, reflecting the ongoing struggle to reconcile competing constitutional imperatives.

What is the Article 31C of the Indian Constitution?

• The 25th Amendment (Birth of Article 31C): Enacted through the 25th amendment to the Indian Constitution, Article 31C was introduced to shield laws aimed at actualizing Article 39(b) and (c) from judicial scrutiny concerning potential violations of fundamental rights.
  • This constitutional provision sought to safeguard legislative measures crafted to secure the material resources of the community, shielding them from challenges under Articles 14 and 19, which safeguard equality and various freedoms, respectively.
• Kesavananda Bharati Case (Challenging Article 31C): The landmark Kesavananda Bharati vs State of Kerala (1973) case questioned the validity and breadth of Article 31C.
  • The Supreme Court deliberated on whether Article 31C, by immunizing certain laws from fundamental rights challenges, infringed upon the basic structure of the Constitution.
  • While affirming the principle of judicial review and the supremacy of the Constitution's basic structure, the ruling left uncertainties about the extent to which Article 31C could restrict fundamental rights.
• Expansion via the 42nd Amendment: Despite judicial scrutiny in Kesavananda, Parliament expanded Article 31C's reach through the 42nd Amendment in 1976.
  • This amendment aimed to widen the immunity granted to laws furthering directive principles, extending beyond Article 39(b) and (c) to encompass any directive principle.
  • The 42nd Amendment marked a significant shift in the equilibrium between fundamental rights and directive principles, sparking concerns over potential encroachments on individual liberties.
• Minerva Mills Case  (Judicial Intervention): The constitutionality of the expanded Article 31C faced judicial scrutiny in Minerva Mills vs Union of India (1980).
  • In a seminal verdict, the Supreme Court struck down the 42nd Amendment, emphasizing the symbiotic relationship between fundamental rights and directive principles within the constitutional framework.
  • Chief Justice Y.V. Chandrachud's assertion regarding fundamental rights serving as a check against unchecked state authority underscored the significance of this ruling.
• Ambiguities and Pending Matters: Following the Minerva Mills case, ambiguities persisted regarding the status of Article 31C and its alignment with the Constitution's basic structure.
  • Justice Y.V. Chandrachud's divergent opinions in Minerva Mills and Waman Rao vs Union of India added complexity to the issue.
  • The absence of a definitive Supreme Court ruling on the validity of Article 31C has perpetuated the tension between fundamental rights and directive principles.

Property Owners Association Vs State of Maharashtra: Resolving a Constitutional Conundrum

• Comprehensive Legal Examination by the Supreme Court: At the heart of this case lies a critical examination of a law granting a state government board full control over dilapidated buildings, contingent upon the consent of at least 70% of residents.
  • The legality of this law is under scrutiny, particularly regarding its potential infringement on fundamental rights enshrined in Articles 14 and 19, which ensure equality and various freedoms, respectively.
• Rebalancing Fundamental Rights and Directive Principles: The verdict in the Property Owners case holds profound significance for recalibrating the equilibrium between fundamental rights and directive principles in India's constitutional fabric.
  • It will delineate whether laws designed to uphold directive principles, such as acquiring dilapidated buildings for the common good, can withstand challenges based on fundamental rights.
  • This raises fundamental questions regarding the hierarchy of rights and duties within the constitutional framework and the extent to which the state can limit individual liberties for the collective welfare.
• Addressing Ambiguities and Pending Issues: The Property Owners case offers an opportunity for the judiciary to clarify ambiguities surrounding the interpretation and implementation of Article 31C, considering previous judicial precedents.
  • Prior conflicting rulings in cases like Kesavananda Bharati and Minerva Mills have left unresolved queries regarding the validity and scope of Article 31C, particularly concerning its alignment with the Constitution's basic structure.
  • Despite subsequent judgments like Waman Rao and Sanjeev Coke vs Bharat Coking Coal (1982), which followed, the Supreme Court has yet to provide a definitive analysis of Article 31C introduced by the 25th amendment and its compatibility with the Constitution's foundational principles.
  • By offering clarity on these matters, the Supreme Court can foster a more coherent and uniform approach to reconciling the divergent demands of fundamental rights and directive principles.

Conclusion

The verdict in the Property Owners case stands as an opportunity to reinforce the core tenets of equality, liberty, and social justice embedded within the Indian Constitution. By delicately reconciling the safeguarding of individual rights with the advancement of societal well-being, the judiciary holds the key to preserving the integrity of India's constitutional democracy. Such a decision would ensure that principles of justice and fairness remain paramount in the governance of the nation, fostering a more inclusive and equitable society.

Why is it in the News?

The Prime Minister’s vision to establish India as a prominent global gaming hub has received renewed attention as he engaged with seven of the top gamers in the country.

Context:

• The Prime Minister of India has envisioned the nation as a leading global gaming hub, recognising the potential of the online gaming industry to drive economic growth and innovation.
• In a recent engagement with top gamers, key areas of focus were identified, including regulatory clarity, cultural integration, and diversity in the gaming landscape.
• As India's gaming industry experiences rapid growth, it is essential to address existing challenges and devise effective strategies to propel the nation to the forefront of the global gaming arena.
• By establishing clear regulatory guidelines, fostering partnerships, promoting skill development, encouraging original Indian content, and leveraging the country's digital infrastructure, India can unlock its full potential and emerge as a global gaming powerhouse.

Factors Driving the Growth of India's Gaming Industry:

• Enhanced Internet Infrastructure and Connectivity: The expansion of broadband services in Tier-II and Tier-III cities via initiatives like BharatNet and the National Broadband Mission has widened the accessibility of online gaming beyond urban areas.
  • The proliferation of 4G and forthcoming 5G networks has further bolstered internet speeds and reduced latency, crucial for seamless gaming experiences.
• Affordable Data and Smartphone Access: Decreasing costs of mobile data plans, spurred by intense competition among telecom providers, have made data more affordable and accessible for gaming enthusiasts across socio-economic segments.
  • With India's smartphone base exceeding 680 million, predominantly comprising 4G devices, mobile phones have emerged as the primary gaming platform, capturing a significant share of the market.
• Emergence of E-sports: The inclusion of e-sports in prestigious events like the Commonwealth Games and Asian Games has elevated its status as a legitimate sporting activity.
  • The success of Indian teams on global platforms has further propelled industry growth, enhancing its profile and inspiring aspiring gamers.
• Government Support and Regulatory Clarity: Regulations like the IT Rules 2021 have established a regulatory framework for online gaming, addressing concerns regarding content and addiction.
  • The formation of self-regulatory bodies and initiatives like the AVGC Promotion Task Force have fostered industry growth.
  • Additionally, liberalized FDI norms and government recognition of gamers have attracted international investments.
• Robust Start-up Ecosystem: India's thriving start-up ecosystem has fostered the growth of numerous gaming companies, driving innovation and catering to diverse consumer preferences.
  • The emergence of gaming unicorns like Game 24X7, Dream11, and Mobile Premier League underscores the sector's potential and attractiveness to investors.
• Cultural Shift and Pandemic Impact: The Covid-19 lockdown accelerated the adoption of online gaming as a virtual entertainment and socializing avenue.
  • With Indians spending an average of 4.5 hours per week on gaming post-lockdown, perceptions have evolved, recognizing gaming not just as a leisure activity but also as a viable career option.
• Integration of Advanced Technologies: Adoption of technologies such as Augmented Reality (AR), Virtual Reality (VR), cloud gaming, and blockchain has enriched gaming experiences and spurred innovation.
  • AR and VR offer immersive gameplay, while cloud gaming ensures device-agnostic access.
  • Blockchain integration facilitates asset ownership and tokenized economies, enhancing engagement.

Key Challenges Facing India's Gaming Sector:

The Indian gaming industry faces several obstacles that must be addressed to foster sustainable growth and innovation:

• Regulatory Ambiguity and Fragmented Policies: The absence of a cohesive regulatory framework creates uncertainty for industry players.
  • Varying state laws and regulations leads to a fragmented policy landscape, with some states banning certain online games while others adopt a more liberal approach.
• Taxation Concerns and Sustainability Challenges: The recent imposition of a 28% Goods and Services Tax (GST) on the total face value of bets raises concerns about the long-term sustainability of the industry, particularly for smaller startups.
  • High tax rates may force smaller companies out of business, stifling innovation and hampering industry growth.
• Infrastructure and Connectivity Challenges: Despite progress, reliable and high-speed internet connectivity remains a challenge in rural and remote areas.
  • Only 31% of the rural population uses the internet compared to 67% of urban dwellers (India Inequality Report 2022).
• Content Localization and Cultural Relevance: Developing games and content that resonate with India's diverse cultural and linguistic landscapes presents a challenge for game developers.
  • While some games like Ludo King have successfully adapted to local tastes, many international games struggle to find similar cultural resonance.
• Responsible Gaming and Addiction Concerns: As the gaming industry expands, concerns about gaming addiction, particularly among younger populations, must be addressed.
  • The prevalence of internet gaming disorder in Indian students ranges from 1.3% to 19.9% for the adolescent group (source).
  • The "Beware of Smartphone Zombies" signboards in Bengaluru serve as a reminder of the growing issue of digital distraction and the need for responsible gaming practices.

Strategies to Boost India's Gaming Industry:

Several measures can be adopted to enhance the gaming industry in India:

• Regulatory Clarity: Improving regulatory clarity is crucial, particularly regarding the implementation of self-regulatory bodies mandated by the IT Rules of 2021.
  • Prompt action is needed to establish a clear and supportive framework for industry growth.
• Dedicated Gaming Hubs and Incubators: Establishing specialized gaming hubs and incubators in major cities can foster innovation, collaboration, and talent development.
  • These hubs can provide cutting-edge infrastructure, mentorship, and resources for game developers, startups, and professionals.
• Promote Game Development based on Indian Culture and Mythology: Encouraging and incentivizing game developers to create games inspired by India's rich cultural heritage, mythology, and folklore can help build a unique identity for Indian games, catering to both domestic and international audiences.
  • Games like "Raji: An Ancient Epic" have successfully blended Indian cultural elements with engaging gameplay.
• Innovative Funding and Investment Models: Supporting alternative funding models like crowdfunding, venture capital investments, and public-private partnerships can assist game development and startups.
  • Global gaming companies like Ubisoft have experimented with blockchain-based assets and in-game economies, presenting opportunities for Indian companies to explore innovative funding models.
• Empowering Women in Gaming: With women constituting 40% of India's gaming populace, they are well-positioned to lead the country's gaming revolution.
  • Supporting and empowering women in the gaming industry can unlock diverse talent, fresh perspectives, and innovative ideas to drive sector growth.
• Cross-Industry Collaborations: Fostering collaborations between the gaming industry and other sectors, such as tourism, education, and hospitality, can help explore the potential of gamification and serious games.
  • These partnerships can lead to innovative applications of gaming technology across various domains.
• By implementing these strategies, India can create a thriving and globally competitive gaming industry, unlocking significant economic, creative, and technological potential.

Conclusion

India's gaming industry holds immense potential for growth and innovation. To capitalize on this opportunity, it is crucial to address key challenges such as regulatory ambiguity and infrastructure limitations while promoting cultural integration and diversity in the gaming landscape. By fostering cross-industry collaborations, leveraging cutting-edge technologies, and empowering underrepresented groups, India can become a global gaming powerhouse, driving economic development and shaping the future of the gaming industry.

Why is it in the News?

2024 is an election year across the world and newly elected governments need to focus on the all-important sustainability issue.

Context:

• The United Nations Summit on Sustainable Development Goals (SDGs) held in September in New York presented a chance to assess progress toward the lofty Agenda 2030 goal.
• The COVID-19 pandemic and other worldwide crises have made progress towards these goals difficult, despite the fact that they are part of a framework that has been widely agreed upon.
• It is critical to evaluate the state of SDG implementation, investigate critical areas that call for immediate attention, talk about the results of academic studies on the SDGs' political influence, and suggest ways to advance sustainable development.

What is Sustainable Development?

• Sustainable development entails fostering development that fulfils present needs while safeguarding the capacity of future generations to meet their own needs.
• Coined by the Brundtland Commission in its 1987 report, "Our Common Future," this definition remains widely embraced.
• Embracing sustainable development involves collaborative endeavours aimed at constructing an inclusive, sustainable, and resilient future for both humanity and the environment.

What is the Progress and Emerging Challenges in SDG Implementation?

• Slow Progress and Growing Concerns: The path toward achieving the Sustainable Development Goals (SDGs) has been marred by sluggish progress and mounting concerns, casting doubt on the world's ability to attain the 2030 targets.
  • Despite initial optimism following the adoption of Agenda 2030 by the UN General Assembly in 2015, reports indicate inadequate progress and deviation from the intended trajectory.
  • While there were modest improvements noted between 2015 and 2019, particularly in areas like poverty reduction and access to essential services, they fell significantly short of the necessary benchmarks outlined in the agenda.
• Challenges Amplified by Global Crises: The onset of the COVID-19 pandemic and other global crises has compounded the hurdles in SDG achievement.
  • The pandemic, in particular, has triggered profound socioeconomic repercussions, disrupting economies, widening inequalities, and propelling millions into poverty.
  • The diversion of resources and attention toward addressing immediate health and economic exigencies has further impeded advancements toward long-term sustainable development objectives.
• Concerns Over Environmental Sustainability: A notable concern arises from the insufficient emphasis on goals related to environmental sustainability and biodiversity conservation.
  • Critical objectives such as sustainable consumption and production, climate action, and marine and terrestrial biodiversity preservation have been overlooked, jeopardising the welfare of present and future generations.
  • Neglecting these environmental imperatives not only undermines progress toward specific SDGs but also poses existential threats to humanity and the planet.
• Fragmented Approach to SDG Pursuit: Furthermore, the prevailing approach to SDG pursuit often disregards the interconnected and indivisible nature of the goals.
  • The SDGs are interlinked, with progress in one goal intricately linked to advancements in others.
  • Yet, the disjointed strategies adopted by many nations and stakeholders fail to acknowledge these interconnections, leading to isolated efforts unlikely to yield substantive outcomes.
  • Without a holistic and cohesive approach to sustainable development, achieving the overarching objective of harmonising human well-being with environmental health remains elusive.

International Promises and Real-World Execution:

Renewed Pledges from International Leaders:

• Amidst these developments, the UN SDG Report 2023 underscored five critical areas necessitating immediate attention:
  • The government's commitment to seven years of accelerated, sustained, and transformative actions to fulfil SDG promises;
  • Concrete, comprehensive, and targeted governmental policies to eradicate poverty, mitigate inequality, and combat environmental degradation, prioritising the empowerment of women, girls, and marginalised communities;
  • Enhancement of national and subnational capacities, institutional accountability, and governance mechanisms to expedite progress;
• Reaffirmation of the international community's commitment to provide assistance and mobilise resources for developing nations, alongside fortifying the UN development system.
• Acknowledging the gravity of the situation, world leaders reiterated their commitments and pledged intensified efforts to achieve the SDGs, envisioned as the global pathway out of crises by 2030.
• However, the extent to which these global declarations translate into action at the grassroots level remains uncertain.

Challenges in National Implementation:

• Despite governments' global vows, significant disparities often exist between rhetoric and practical implementation on the national stage.
• Political considerations, competing agendas, and resource limitations can impede the effective execution of SDG-related policies.
• Furthermore, inadequate coordination and coherence among various government departments and administrative tiers may lead to fragmented initiatives, diminishing the overall efficacy of SDG implementation efforts.

Academic Perspectives and Suggestions:

• Limited Political Influence: The research highlights that while the SDGs have sparked discussions and prompted some normative and institutional adjustments, their direct political impact at national and local levels remains constrained.
  • Despite international endorsement, the SDGs have yet to yield significant political outcomes in many nations, underscoring the necessity for a nuanced understanding of the factors shaping SDG implementation and the pathways for driving political transformation.
• Systemic Strategies for SDG Achievement: The study underscores the significance of embracing a systemic approach to unlock the transformative potential of the SDGs.
  • This entails identifying and managing trade-offs while maximising synergies across diverse goals.
  • By addressing interconnected challenges comprehensively, policymakers can capitalise on synergistic effects and enhance the efficacy of their interventions.
    • For instance, initiatives promoting renewable energy can simultaneously advance climate action (SDG 13), foster economic growth (SDG 8), and improve access to clean water and sanitation (SDG 6).
• Customised Implementation Approaches: Moreover, the study stresses the importance of tailored strategies for SDG implementation tailored to regional and national contexts.
  • Cookie-cutter solutions are unlikely to succeed given the varied socio-economic, political, and environmental landscapes in which the SDGs are being pursued.
  • Instead, policymakers should identify context-specific entry points and leverage existing resources and capacities to drive progress.
  • This may involve targeting specific sectors or geographic areas requiring interventions and engaging marginalized communities to ensure their voices and needs are addressed.
• Pragmatic Steps to Enhance Implementation: Additionally, the study provides pragmatic recommendations for bolstering SDG implementation.
  • These encompass strengthening governance frameworks and accountability mechanisms, mobilising financial resources, fostering innovation and technology dissemination, and nurturing partnerships among governments, civil society, the private sector, and other stakeholders.
  • By adopting a multi-faceted approach addressing political, economic, social, and environmental dimensions, policymakers can foster an enabling environment for transformative change.

Conclusion

The evaluation of SDG advancement highlights the imperative for swift and collaborative measures to overcome prevailing hurdles and hasten advancement. As 2024 heralds elections in numerous nations, incoming administrations have a chance to elevate sustainability as a focal point and harmonise domestic policies with the SDGs. By infusing sustainability tenets into governance structures and policy formulations, governments can play a pivotal role in expediting SDG attainment.

Why is it in the News?

The government must put in place measures to regulate standard essential patents before the judiciary causes further damage to India’s manufacturing dreams.

Context:

• The emergence of Standard Essential Patents (SEPs) and their implications for India's telecom manufacturing industry has become a significant policy issue.
• However, the utilization of SEPs by technology firms presents hurdles, potentially jeopardizing India's domestic manufacturing sector.
• Thus, it is crucial to delve into the intricacies of this matter, scrutinizing the role of SEPs, the regulatory challenges they present, and the necessity for regulatory action.

What are Standard Essential Patents (SEPs)?

• EPS are patents indispensable for implementing a technical standard, particularly prominent in industries like telecommunications reliant on standards such as 3G, 4G, and 5G for seamless device and network communication.
• Typically owned by entities or individuals, these patents are vital for guaranteeing the interoperability and compatibility of products and technologies adhering to specific standards.
• Critical for fostering interoperability and competitiveness in the cellular phone market, EPS covers technologies adopted as industry standards.
• Despite their significance, conflicts over EPS licensing and infringement are common, often resulting in legal disputes and negotiations between companies and patent holders to establish equitable licensing terms.

Significance of Essential Patents and Regulatory Hurdles:

• Essential Patents (EPs) such as CDMA, GSM, and LTE serve as the linchpin of technological standards in the telecom industry, ensuring seamless compatibility among various cellular phone brands.
• However, the standard-setting process, predominantly governed by private Standard Setting Organizations (SSOs), limits India's influence in shaping these standards.
• Consequently, owners of EPs may demand excessive royalties, resulting in the "patent holdup" dilemma.
• Although SSOs strive for fair, reasonable, and non-discriminatory (FRAND) licensing, opacity and anti-competitive behaviours persist, as illustrated by substantial fines levied on companies like Qualcomm by multiple jurisdictions.

Judicial Response to Standard Essential Patents (SEPs) Issues:

• Competition Law Enforcement Inertia: The Competition Commission of India (CCI) commenced an inquiry in 2013 upon a complaint by Micromax against Ericsson, alleging SEP licensing abuse.
  • However, Ericsson contested the CCI's jurisdiction, resulting in protracted legal wrangling.
  • Despite a favourable ruling for the CCI in 2016, Ericsson's appeals prolonged the case until a final judgment in 2023.
  • India, due to this prolonged litigation, remains the sole major economy yet to examine potential anti-competitive SEP licensing practices.
• Patent Infringement Cases and Judicial Engagement: While competition law matters linger, the Delhi High Court actively hears lawsuits by SEP owners against cellular phone manufacturers accused of patent infringement.
  • These lawsuits entail intricate trials to ascertain patent validity, infringement, and damages.
  • Rather than pausing proceedings pending competition law resolution, the court issues interim measures favouring SEP owners.
  • Such measures often mandate manufacturers, many of them Indian, to deposit substantial sums with the court for ongoing production during trials.
• Unprecedented "Deposit" Orders: Issuing "deposit" orders, compelling manufacturers to deposit significant funds before trial, is unprecedented in commercial law.
  • These orders, lasting throughout lengthy trials, impose heavy financial burdens on defendants, depriving them of vital working capital.
  • While lacking legal foundation and fairness, the Delhi High Court justifies them using its "inherent powers to ensure justice."
  • This judicial activism, while aimed at expediting legal proceedings, raises concerns about procedural fairness and equitable treatment of litigants.

Impact of Judicial Interventions and Legal Battles on India's Manufacturing Goals:

• Undermining Investor Confidence and Market Stability: Extended legal battles and judicial interventions sow uncertainty, denting investor trust in India's manufacturing sector.
  • Foreign investors may perceive the unpredictable legal environment as a barrier to entering or expanding operations in the nation.
  • Uncertainty regarding SEP licensing practices and potential adverse court rulings disrupts market stability, impeding long-term investment planning for both domestic and international enterprises.
• Stifling Growth and Innovation: SEP-related disputes divert attention and resources away from fostering innovation and technological progress in the telecom manufacturing domain.
  • Rather than directing efforts towards research and development (R&D) or embracing new technologies, companies become entangled in legal disputes, hindering productive pursuits.
  • This diversion of resources curtails innovation, obstructs product development, and undermines India's global competitiveness.
• Impact on Employment and Economy: The manufacturing sector is a vital source of employment and economic advancement, especially in emerging economies like India.
  • However, uncertainties surrounding SEP-related litigation pose a threat to job stability and employment opportunities, particularly in the telecom manufacturing sector.
  • Protracted legal proceedings and financial burdens may compel companies to downsize operations, leading to workforce reductions and inhibiting future investments.
• Policy Inconsistencies: Contradictions arise between judicial rulings favouring SEP owners and government initiatives to incentivize domestic manufacturing.
  • While the government aims to attract investment and bolster indigenous production, SEP-related disputes undermine these objectives.
  • The disconnect between supporting manufacturers and overlooking financial burdens imposed by SEP owners questions the coherence of policies promoting industrial growth.
• Long-term Industrial Landscape Implications: Unresolved tensions surrounding SEP licensing practices and judicial handling of disputes cast shadows over India's industrial future.
  • Failure to address these issues may deter investors, jeopardize job creation, and impede India's transition to a knowledge-based economy.
  • With regulatory intervention to streamline legal processes and ensure fairness, India can catch up to global peers in manufacturing prowess.

Way Forward:

• The European Parliament's proactive stance on regulating SEPs offers valuable lessons for global intervention in this arena.
• Given India's constrained influence in standard-setting and obligations to uphold patents of foreign tech firms, it presents a strong rationale for similar regulatory action.
• Enhancing regulatory frameworks to foster transparency, equity, and non-discriminatory practices in SEP licensing is essential to protect India's economic welfare and foster indigenous manufacturing.

Conclusion

The Indian government must prioritize resolving regulatory uncertainties regarding SEPs to protect domestic manufacturers' interests and drive industrial advancement. Regulatory actions should strive for a harmonious balance between technology firms' interests and overarching goals of economic progress, innovation, and consumer protection. Through decisive intervention, India can assert its autonomy, cultivate fair competition, and cultivate an environment conducive to investment and innovation.

Why is it in the News?

The latest report from the International Labour Organization (ILO), titled 'Safeguarding Workers in a Changing Climate', underscores the pressing necessity to ensure the resilience of labour in the face of climate change.

Context:

• The International Labour Organisation (ILO) recently released a report titled "Ensuring Safety and Health at Work in a Changing Climate," highlighting the urgency of climate-proofing labour practices to protect workers' well-being.
• As the planet experiences warming, workplace environments evolve, and the ILO emphasizes the need to update occupational safety and health (OSH) regulations to address emerging risks.
• According to the report, over one-third of the global population is exposed to extreme heat each year, resulting in nearly 23 million work-related injuries.
  • The ILO urges an overhaul of existing OSH laws and protections, as they have not kept pace with climate change-related hazards, leading to increased worker mortality and morbidity.

What Are the Emerging Climate-Related Risks?

• The International Labour Organization (ILO) has identified six primary impacts of climate change:
  • Excessive heat
  • Ultraviolet (UV) radiation
  • Extreme weather events
  • Workplace air pollution
  • Vector-borne diseases
  • Agrochemicals
• These hazards can result in various health issues such as stress, stroke, and exhaustion. Particularly vulnerable to these risks are workers in sectors like agriculture, construction, urban conservation, transportation, and tourism.
• Of significant concern is the rising prevalence of gig employment globally, which is particularly susceptible to heat-related conditions.
  • In India, gig workers, including ride-hailing app drivers, food and grocery delivery personnel, home repair technicians (electricians, plumbers, AC mechanics), and courier service employees, constitute approximately 1.5% of the total workforce, a figure projected to reach 4.5% by 2030 according to a Nasscom study.
• In the Indian context, the collective impact of these segments suggests that approximately 80% of the country's workforce, projected to be 600 million by 2023, is vulnerable to heat-related hazards.
• This staggering figure exceeds the entire current population of South America by 180 million.

Which Sectors Bear the Brunt of Climate Impact?

Agriculture Sector:

• Globally, agriculture stands out as the most heat-vulnerable sector, particularly in developing nations where informal farm labourers toil without adequate weather protection.
• In India, where agriculture and allied activities employed about 45.76% of the workforce in 2022-23 according to Union Agriculture Minister Arjun Munda, there's a concerning trend of decline from levels three decades ago.
• NSSO data from July 2018 to June 2019 reveals that nearly 90% of Indian farmers own less than two hectares of land, with incomes hovering around ?10,000 monthly on average.
• The situation is even direr in states like Jharkhand, Odisha, and West Bengal, where farmers' earnings can be as low as ?4,895, ?5,112, and ?6,762 respectively.
• Additionally, half of India's farmers are burdened with debt and lack access to modern agricultural technology, impeding their ability to adapt to a warming climate.
• Many communities have already adjusted work schedules to avoid peak heat hours, while the ILO recommends increased hydration facilities, breaks, and shaded rest areas in plantations.

Micro, Small and Medium Enterprises (MSME) Sector:

• Following agriculture, India's MSME sector employs over 123 million workers, accounting for about 21% of the workforce.
• Despite its significant contribution to exports and manufacturing output, the sector's pervasive informality has led to minimal oversight of worker conditions by state Occupational Safety and Health (OSH) departments, rendering workers highly susceptible to heat-related risks.

Building & Construction Sector:

• The building and construction industry, with around 70 million workers constituting almost 12% of India's workforce, faces unique challenges exacerbated by urbanization.
• Workers in this sector contend with the urban heat island effect, heightened by rapid urban growth.
• Moreover, they are disproportionately exposed to physical injuries and air pollution-related health hazards, such as asthma, given the alarming pollution levels in many Indian cities.

Legislation Safeguarding Worker Rights in India:

• Central Laws: Integral to ensuring workplace safety in India are the Factories Act, the Workmen Compensation Act, and the Building and Other Construction Workers Act.
  • These laws encompass various facets of labour rights and welfare, addressing conditions within factories and providing compensation for work-related injuries.
• Occupational Safety, Health, and Working Conditions Code, 2020 (OSH Code, 2020): Introduced in 2020, the OSH Code represents a comprehensive effort to consolidate and revise existing legislation pertaining to workplace safety.
  • Its primary objective is to streamline and strengthen the legal framework governing occupational safety and health nationwide.
  • By amalgamating disparate regulations into a unified code, it aims to establish a more cohesive and effective system for ensuring workplace safety across diverse sectors and industries.

State Laws in Tamil Nadu and Maharashtra:

• Tamil Nadu: Tamil Nadu formulated its regulations under the Factories Act as early as 1950.
  • These regulations stipulate a maximum wet bulb temperature of 30°C on shop floors and outline requirements for adequate air circulation.
  • However, they lack specific provisions for thermal comfort tailored to varying activity levels or modern cooling solutions, indicating a need for updated standards.
• Maharashtra: Similarly, Maharashtra devised its rules under the Factories Act in 1963. Like Tamil Nadu, these regulations address maximum wet bulb temperatures and air circulation standards.
  • Nevertheless, they also lack detailed provisions for contemporary cooling methods or adjustments for thermal comfort aligned with evolving production processes, underscoring the necessity for modernization.

Challenges in Addressing Heat Hazards:

• Regulatory Ambiguity: Existing regulations lack specificity regarding thermal comfort standards and the integration of air conditioning in workplaces.
  • There's a pressing need to update regulations to accommodate modern cooling technologies and ensure the well-being and safety of workers.
• Impact of the Gig Economy: The burgeoning gig economy in India exacerbates workers' vulnerability to heat-related risks.
  • Many gig workers, comprising a substantial portion of the workforce, often operate without adequate protections or support systems to mitigate extreme heat conditions.
• Pressures on Labor Unions: Labour unions face mounting pressures from management and bureaucratic entities, often prioritizing industry interests over worker welfare.
  • This dynamic can result in the neglect of worker safety concerns pertaining to heat hazards and other climate-related risks.
• Effluent and Byproduct Management: The disposal of effluents and byproducts poses significant health risks, particularly with fluctuating temperatures, necessitating robust management strategies to safeguard worker health.
• Silicosis in Mining and Quarries: The escalating prevalence of silicosis, stemming from silica exposure in mines and quarries, presents a profound occupational health challenge that demands urgent attention and intervention.
• Shortcomings in Labor Inspection Departments: Vacancies and a lack of expertise within labour inspection departments undermine effective oversight of workplace safety measures, hindering the enforcement of regulations and exacerbating risks for workers.

Way Forward:

• Modernize Regulatory Frameworks: Revamp existing regulations to include clear guidelines on thermal comfort and air conditioning standards in workplaces.
  • Integrate innovative cooling technologies to ensure the safety and well-being of workers.
• Empower Labor Unions: Strengthen labour unions and equip them with the resources needed to advocate for worker welfare and safety.
  • Foster collaboration among unions, management, and governmental bodies to effectively tackle heat hazards.
• Enhance Labor Inspection Mechanisms: Boost staffing and training within labour inspection departments to enhance oversight of workplace safety.
  • Conduct regular inspections and rigorously enforce safety regulations to shield workers from climate-related risks.
• Invest in Research and Development: Allocate funding for research initiatives focused on developing climate adaptation strategies tailored to various industries.
  • Support studies assessing the efficacy of interventions and technologies in mitigating heat hazards and other climate-related risks.
• Raise Awareness and Education: Launch awareness campaigns to educate workers, employers, and the public about the health implications of climate change.
  • Provide training programs on heat stress management and preventive measures to bolster resilience in vulnerable sectors.

Conclusion

Amidst the challenges posed by climate change, safeguarding workplace safety and health emerges as a critical imperative. The ILO report highlights a pressing call for a globally accepted regulatory framework to fortify workplaces against climate-related risks and safeguard workers. Achieving this necessitates concerted action from governments, industries, and workers alike to address evolving hazards and uphold the well-being of workers amidst the changing climate landscape.

Why is it in the News?

During the ongoing election campaign, there have been intense debates between the ruling government and the Opposition regarding wealth redistribution, while the SC has formed a nine-judge Bench to interpret the DPSP concerning ownership and control of material resources.

Context:

• Congress leader Rahul Gandhi during the Lok Sabha campaign said that there will be a financial survey to determine the distribution of wealth in the country for addressing the issue of inequality.
• The ruling BJP targeted Gandhi and alleged that Congress if elected, would bring back the "socialistic model" of economics and hinder India's growth as an economy.

What is Wealth Redistribution?

• The meaning of wealth redistribution is the transfer of wealth from one individual to another through a social mechanism such as taxation, charity, or public services.
  • One biggest example of wealth redistribution would be income tax wherein higher earnings pay a higher percentage of tax compared to lower-income earners.
• Proponents of this exercise note that wealth redistribution is necessary to bridge the inequality gap between members of society.
• And in India, the gap between the rich and the poor is only growing further.
• As per a recent study, the country’s richest one per cent of the population now owns 40 per cent of the country’s wealth.
• According to the report titled Income and Wealth Inequality in India: The Rise of The Billionaire Raj, and published by The World Inequality Lab, “the inequality gap widened after the economy’s opening up in the early 1990s, but “between 2014-15 and 2022-23, the rise of top-end inequality has been particularly pronounced in terms of wealth concentration”.
  • Based on figures from the World Inequality Database, India’s income inequality is among the very highest in the world, behind only Peru, Yemen and a few other small countries.

What Does India’s Constitution Say on Wealth Distribution?

• The Preamble to the Constitution aims to secure for all citizens social and economic justice, liberty and equality.
• Part III of the Constitution lists down the fundamental rights that guarantee liberty and equality while Part IV contains the DPSP.
• These are principles that the central and State governments should follow to achieve social and economic justice in our country.
• Unlike the fundamental rights in Part III, the DPSP is not enforceable in court.
• They are nevertheless fundamental in the governance of the country.
• Article 39(b) and (c) in Part IV contain principles that are aimed at securing economic justice.
• They provide that ownership and control of material resources of the society should be distributed to serve the common good and that the operation of the economic system does not result in the concentration of wealth to the common detriment.
• India’s Constitution-makers haven’t explicitly spoken of wealth redistribution.
• It’s noteworthy that when Article 39 (Draft Article 31) was being added to the Constitution, it was heavily debated.
• The economist KT Shah wanted the Constitution to outrightly prevent the creation of monopolies in industries.
• In agreement with him was Shibban Lal Saxena, who wanted it to be explicitly put down that the State shall control a few key industries.
• However, there were others Naziruddin Ahmad, who were not comfortable with the Constitution endorsing contested political and economic ideologies.

What is the Historical Context of the Redistribution of Wealth?

• The Constitution originally guaranteed the right to property as a fundamental right under Article 19(1)(f).
• It is provided under Article 31 that the state shall pay compensation in case of the acquisition of private property.
  • It is pertinent to note that at the time of independence, the main property rights related to agricultural and other land.
  • The government had to acquire the rights in such estates for carrying out land reforms and the construction of public assets.
• Considering the inadequate resources of the government and in order to provide greater flexibility in acquiring land for public welfare, various amendments were carried out curtailing the right to property.
• The Supreme Court in various cases has interpreted the relationship between fundamental rights and the DPSP.
  • Most of these cases were against constitutional amendments made by the state that curtailed the right to property which was then a fundamental right.
  • In the Golak Nath case (1967), the Supreme Court held that fundamental rights cannot be abridged or diluted to implement DPSP.
  • Finally, in the Kesavananda Bharati case (1973), a thirteen-judge Bench of the Supreme Court upheld the validity of Article 31C but made it subject to judicial review.
  • In the Minerva Mills case (1980), the Supreme Court ruled that the Constitution exists on a harmonious balance between fundamental rights and DPSP.
• In 1978, in order to avoid excessive litigation directly in the Supreme Court by the propertied class, the 44th Amendment Act omitted the right to property as a fundamental right and made it a constitutional right under Article 300A.
  • The right to private property continues to be an important constitutional cum legal right.
  • Any law to acquire private property by the state should be only for a public purpose and provide adequate compensation.

What is the Current Debate on the Redistribution of Wealth?

• The government of India in the first four decades after independence followed a “socialistic model” of economy.
• The economic policies resulted in the nationalisation of banking and insurance, extremely high rates of direct taxes (even up to 97%), estate duty on inheritance, tax on wealth etc.
• The rationale behind these measures during those times was to reduce inequality and redistribute wealth among the poorer sections that constituted the majority of the population.
• However, such measures stifled growth and also resulted in the concealment of income/wealth.
• Taxes like estate duty and wealth tax generated revenue that was much less than the cost incurred in administering them.
• The nineties saw the country move from a closed economy towards liberalisation, globalisation and privatisation.
• A new industrial policy was unveiled in 1991 with the objective of empowering market forces, improving efficiency and rectifying deficiencies in the country’s industrial structure.
• Estate duty was abolished in 1985 and wealth tax in 2016.
• The market-driven economy has resulted in additional resources for the government that has helped in bringing people out of abject poverty.
• Nonetheless, this economic system has also resulted in growing inequality.
• A report by the World Inequality Lab states that the top 10% of the country’s population have a share of 65% and 57% of the wealth and income respectively as of 2022-23.
• The bottom 50% on the other hand have a meagre share of 6.5% and 15% of the wealth and income respectively.
• The manifesto for the current Lok Sabha elections of the Congress promises that there will be a financial survey to ascertain the distribution of wealth among the people in the country and address the issue of inequality.
• The ruling party campaigners led by the PM have targeted the Opposition on this matter.
• The SC meanwhile has constituted a nine-judge Bench to interpret whether material resources under Article 39(b) include private resources as well.

Way Forward:

• Growing inequality is a worldwide problem of a liberalised open-market economic system.
• It is the responsibility of the government to protect the interest of the poorer classes who are most dependent on the state machinery for their livelihood.
• At the same time past policies of extremely high tax rates, estate duty, wealth tax etc., did not achieve their desired goals. Instead, they only led to the concealment of income and wealth.
• Innovation and growth should not be curtailed but the benefits of growth should reach all sections especially the marginalised.
• It's essential to design inclusive policies through informed debates, aligning with current economic models, to ensure that the benefits of growth reach marginalized sections, in line with the constitutional principle of economic justice for all.

Conclusion

The debate on wealth redistribution in India underscores the complex challenge of balancing economic growth with equitable resource allocation. While past policies have had mixed results, it remains essential for the government to protect vulnerable populations and promote inclusive growth. To achieve this, policymakers must foster innovation while ensuring the benefits reach marginalized communities. By designing policies aligned with current economic models and adhering to the constitutional principle of economic justice, India can work towards a future where growth and social equity coexist harmoniously.

Why is it in the News?

Recently, the Supreme Court (SC), in the judgment of Delhi Metro Rail Corporation Ltd (DMRC) vs Delhi Airport Metro Express Pvt Ltd (DAMEPL), set aside the arbitral award by exercising its curative jurisdiction.

Context:

• The Supreme Court of India holds a multifaceted role, serving as the apex court of appeal, a federal court, and an advisory body.
• One of its significant powers is the Curative Jurisdiction, established in 2002, which empowers the Court to rectify its judgments even after they have become final.
• However, the utilization of this jurisdiction has triggered discussions concerning its implications for judicial stability and the Supreme Court's role in shaping legal precedents.

What is the DMRC vs DAMEPL Case?

• The case dates back to 2008 when the DMRC entered into a PPP with the Delhi Airport Metro Express Private Limited (DAMEPL), a consortium led by Reliance Infrastructure Ltd, for the Delhi Airport Metro Express project.
  • However, disputes arose between the two parties, leading to the termination of the agreement by DAMEPL in 2013.
• In 2017, an arbitration tribunal ruled in favor of DAMEPL and ordered DMRC to pay nearly Rs 8,000 crore.
  • DMRC challenged this ruling in the Delhi High Court, which overturned the arbitral award in 2019.
  • DAMEPL then appealed to the Supreme Court, which in September 2021 reversed the High Court's decision and upheld the arbitral award.
• However, in a recent judgment, the Supreme Court has now ruled in favor of DMRC, stating that there was a "fundamental error" in its previous judgment.

Significance of the Supreme Court’s Decision:

• Firstly, it underscores the importance of curative petitions in correcting grave injustices in legal judgments.
  • Curative petitions are sparingly used and are only permitted on narrow, procedural grounds.
  • The Supreme Court's decision to grant relief to DMRC highlights the court's commitment to rendering justice in its true sense.
• Secondly, the decision has implications for PPPs in infrastructure projects.
  • PPPs play a crucial role in infrastructure development, but disputes between public and private entities can arise, leading to legal battles.
  • The Supreme Court's decision provides clarity on the legal framework governing PPPs and sets a precedent for future disputes in similar projects.
• Lastly, the decision has implications for investor confidence.
  • The Supreme Court's exercise of curative jurisdiction in this case, almost two and a half years after its final verdict, demonstrates the court's willingness to correct errors and ensure justice.
  • This is likely to boost investor confidence in India's legal system and encourage investment in infrastructure projects.

Difference Between a Curative Petition and Curative Jurisdiction:

Curative Petition:

• A curative petition is a specific legal remedy available within the framework of curative jurisdiction.
• It is a petition filed by a party to the case that has exhausted all other legal remedies and seeks the correction of a judgment that may have resulted from a violation of principles of natural justice or a gross miscarriage of justice.
• The grounds for filing a curative petition typically include the discovery of new evidence or legal errors that were not apparent earlier.
• Curative petitions are relatively rare and are considered as a last resort to correct errors in judgment.

Curative Jurisdiction:

• Curative jurisdiction refers to the broader authority of the Supreme Court to review and rectify its judgments to prevent gross miscarriages of justice.
• It is a power vested in the Supreme Court to ensure that fundamental principles of justice and fairness are upheld, even after a judgment has become final.
• Curative jurisdiction allows the Supreme Court to revisit its decisions if it perceives a need to prevent manifest injustice or correct egregious errors that may have escaped earlier notice.
• While curative petitions are one mechanism through which curative jurisdiction is exercised, the Supreme Court may also suo motu invoke curative jurisdiction in exceptional cases without a formal petition being filed.

Impact and Implications of Curative Jurisdiction:

• Impact on Arbitral Awards' Integrity: A central apprehension surrounding curative jurisdiction is its potential to affect the integrity of arbitral awards.
  • Arbitration relies on the conclusiveness and enforceability of awards for its efficacy.
  • When the Court intervenes in arbitral decisions, particularly amid concerns of judicial overreach, it risks undermining arbitration's core principles, such as party autonomy and swift dispute resolution.
• Balancing Judicial Consistency and Flexibility: The dichotomy between judicial consistency and flexibility emerges concerning curative jurisdiction.
  • While consistent legal interpretation fosters stability and predictability, it may stifle innovation. Conversely, excessive flexibility can breed uncertainty, eroding public trust in the judiciary.
• Examining the Scope of Judicial Review: Curative jurisdiction prompts queries about the extent of judicial review and its boundaries.
  • While the Court's role as the ultimate legal interpreter is clear, intervening in its judgments without impinging on legislative or executive domains requires meticulous consideration.
• Implications for Legal Precedents: The significance of Supreme Court judgments in maintaining legal coherence is undeniable.
  • However, curative jurisdiction may disrupt established precedents, casting doubt on the binding nature of judicial decisions.
  • The Court must exercise judiciousness to rectify errors without compromising the legal framework's integrity.
• Public Perception and Judicial Trust: The Court's credibility hinges on its impartiality and integrity in dispensing justice.
  • Excessive or arbitrary curative interventions may undermine public confidence in the judiciary, diminishing its authority as a legal arbiter.
  • The Court must exercise curative powers prudently to maintain public trust in the judiciary.

Critical Analysis of Judicial Instability:

• Challenging Legal Certainty: Legal certainty, a cornerstone of the rule of law, demands consistency and predictability in legal outcomes.
  • The use of curative jurisdiction, particularly in overturning final judgments, jeopardizes this certainty by casting doubt on the conclusiveness and enforceability of judicial decisions.
  • Such uncertainty undermines parties' confidence in the stability of the legal framework, fostering confusion and mistrust in the judicial process.
• Diminishing Judicial Authority: Judicial stability is intrinsic to the authority and credibility of the judiciary.
  • When the Supreme Court reverses its own judgments through curative measures, it risks appearing indecisive and inconsistent, eroding its status as the ultimate arbiter of the law.
  • This erosion of authority undermines public trust in the judiciary, fostering skepticism about the fairness and impartiality of judicial proceedings.
• Disrupting Legal Precedent: The stability of legal precedent is vital for maintaining coherence and consistency in the legal system.
  • However, the exercise of curative jurisdiction introduces the potential for disrupting established precedents and fostering inconsistency in judicial rulings.
  • This undermines the reliability of legal principles, creating confusion among legal practitioners, litigants, and lower courts.
  • Moreover, frequent reversals of judgments hinder the development of clear and consistent legal doctrines, impeding the evolution of the law.
• Risk of Judicial Overreach: Judicial stability acts as a safeguard against judicial overreach, ensuring that the judiciary respects its constitutional limits and upholds the separation of powers.
  • However, the use of curative jurisdiction raises concerns about the Court's propensity to exceed its authority and intrude into the domains of the legislative and executive branches.
  • By revisiting and overturning its own judgments, the Court risks overstepping its role and undermining the principles of checks and balances inherent in a democratic system.

Ways Forward for Balancing Judicial Oversight Stability:

• Fostering Judicial Accountability: Upholding judicial oversight, including the use of curative jurisdiction, is vital for ensuring judges are accountable and adhere to legal standards.
  • It offers a mechanism to rectify errors and address any judicial misconduct.
  • However, excessive oversight risks compromising judicial independence and impartiality, undercutting the judiciary's ability to fairly adjudicate disputes.
• Preserving Legal Stability: Legal stability is crucial for fostering predictability and confidence in the legal system.
  • By upholding established precedents and minimizing disruptions to settled legal principles, the judiciary promotes legal stability.
  • Nevertheless, the exercise of curative jurisdiction introduces uncertainty by allowing the Court to revisit and potentially reverse its judgments, challenging the stability of legal doctrine and the reliability of judicial decisions.
• Respecting the Separation of Powers: Striking a balance between judicial oversight and stability requires respecting the separation of powers and acknowledging the distinct roles of the judiciary, legislature, and executive.
  • While the judiciary plays a critical role in interpreting and applying the law, it must exercise restraint to avoid intruding into the domains of other branches of government.
  • The use of curative jurisdiction should be guided by principles of judicial deference and deference to legislative intent, particularly in matters where judicial intervention could undermine democratic processes or policy decisions.

Conclusion

The Supreme Court's Curative Jurisdiction is a potent mechanism for rectifying judicial mistakes, yet it presents hurdles to judicial stability and coherence. The DMRC vs DAMEPL case highlights the necessity for a balanced approach in reconciling judicial oversight with legal predictability. Ultimately, as the ultimate arbiter of the law, the Court must carefully wield its curative authority to uphold public trust in the legal system's integrity.

Why is it in the News?

A scheme fully owned by the state has become a toolkit for privatisation of public health services and continues caste discrimination.

Context:

• India was ranked right at the bottom of 180 countries in the Environment Performance Index (EPI) in 2022.
  • This index evaluates countries based on their performance in addressing climate change, maintaining environmental health, and preserving ecosystem vitality.
  • It assesses 40 performance indicators across 11 issue categories, encompassing areas like air quality, access to drinking water, and sanitation.
• In response to this ranking, the government expressed reservations, citing flaws in the methodology that, according to them, fail to accurately capture the Indian scenario.
• Over the past decade, the Modi government has launched several development campaigns, including the Swachh Bharat Mission, the Atal Mission for Rejuvenation and Urban Transformation, the Pradhan Mantri Awas Yojana, and the National Clean Air Programme.
• These endeavors are geared towards enhancing living standards and addressing various socio-economic challenges.
• However, despite these efforts, there remains a noticeable rise in the population's vulnerability due to environmental issues like air and water pollution.

About Swachh Bharat Mission:

• Swachh Bharat Mission, the world’s largest sanitation initiative was launched by the Prime Minister of India in 2014 to achieve an Open Defecation Free India by October 2, 2019, as a tribute to Mahatma Gandhi.
• The programme led to the construction of over 10 crore individual household toilets, taking sanitation coverage from 39% in 2014 to 100% in 2019 when around 6 lakh villages declared themselves Open Defecation Free (ODF).
  • The second phase of the mission aims to sustain the open defecation-free status and improve the management of solid and liquid waste, while also working to improve the lives of sanitation workers.
• The mission aimed at progressing toward target 6.2 of the Sustainable Development Goal Number 6 established by the United Nations in 2015.
  • By achieving the lowest open defecation-free status in 2019, India achieved its Sustainable Development Goal (SDG) 6.2 health target in record time, eleven years ahead of the UN SDG target of 31 December 2030.
• The mission was split into two: rural and urban.
• In rural areas "SBM - Gramin" was financed and monitored through the Ministry of Drinking Water and Sanitation (since converted to the Department of Drinking Water and Sanitation under the Ministry of Jal Shakti) whereas "SBM - urban" was overseen by the Ministry of Housing and Urban Affairs.
  • The rural division has a five-tier mechanism: central, state, district, block panchayat, and gram panchayat.
• As part of the campaign, volunteers, known as Swachhagrahis, or "Ambassadors of cleanliness", promoted the construction of toilets using a popular method called Community-Led Total Sanitation at the village level.

Critique of the Swachh Bharat Mission (SBM):

Discrepancy between Goals and Outcomes:

• The Swachh Bharat Mission (SBM) and its successor, SBM 2.0, set out ambitious objectives to achieve garbage-free cities, garnering political support across party lines.
  • However, the reality on the ground paints a different picture.
• Despite government assertions of India achieving open defecation-free status, reports from the Comptroller and Auditor General in 2020 raised doubts about the program's effectiveness, highlighting issues such as substandard toilet construction and inadequate waste treatment.
  • In urban areas, certain communities, particularly those residing in slums, continue to lack access to essential sanitation facilities, exacerbating existing inequalities.
  • In rural and peri-urban regions, the lack of integration between toilet construction and waste management has led to environmental contamination and health hazards.

Perpetuation of Power Dynamics and Inequalities:

• Sanitation and waste management in India are deeply entrenched in caste dynamics, historically burdening marginalized communities with sanitation tasks.
  • Despite attempts by SBM to promote the idea of shared responsibility, the underlying power dynamics persist.
• The introduction of capital-intensive technologies aimed at mechanizing waste management processes has not yielded the desired outcomes, resulting in health crises due to improper waste disposal practices.
• The outsourcing of sanitation work to private contractors, often employing members of marginalized communities, has further entrenched caste-based discrimination.
• Government emphasis on procuring expensive machinery for waste management, funded through public resources, has inadvertently facilitated the privatization of public health services, exacerbating existing inequalities.

Technological Solutions and Implementation Challenges:

• While the government has invested in technological solutions such as waste-to-energy plants and biological methanation, their effectiveness remains limited, with few success stories to showcase.
• Challenges persist in the implementation of these solutions, leading to a lack of tangible improvements in solid waste management across many towns and cities.

Gap in Sanitation Inspection Infrastructure:

• A significant gap in the sanitation inspection infrastructure exists within Himachal Pradesh, as revealed during a recent case in the State's High Court.
• On March 30, 2024, it was disclosed that the Shimla Municipal Corporation, consisting of 34 wards, has only five sanitation inspectors.
• Moreover, the decision to declare this cadre dead after retirement raises concerns about the State's commitment to addressing sanitation issues effectively.
• With more than 50 municipal bodies in Himachal Pradesh and only 20 sanitation inspectors available, it is clear that several municipalities lack essential sanitation inspection personnel.

The interconnectedness of Environmental Performance Index (EPI) and Development Campaigns:

• The EPI offers a comprehensive assessment of a country's environmental health and sustainability efforts.
• One critical aspect of the EPI is mapping, which exposes the shortcomings and unsustainability of current development processes.
• In light of a recent Supreme Court judgment acknowledging the links between climate change and basic human rights, it is evident that development models must be reevaluated and adjusted.
• The interconnectedness of the EPI and various development campaigns cannot be ignored, as the consequences of climate change directly impact human well-being and rights.
• With climate scientists attributing current environmental problems to anthropogenic and systemic factors, it is essential to consider the broader implications of the EPI when planning and implementing development initiatives.

Conclusion

To tackle India's environmental challenges, a comprehensive strategy prioritizing sustainability, equity, and social justice is essential. This involves reassessing development strategies, strengthening enforcement, and encouraging community participation in environmental governance. Addressing implementation issues and linking policies to human rights can improve India's EPI performance and foster a sustainable future.

Why is it in the News?

Despite the disillusionment, for a variety of reasons, the need to fortify democratic foundations has to be ongoing and collaborative.

Context:

• India is in the midst of its most significant electoral exercise and it might be worthwhile to scrutinize people’s changing perceptions about their political ecosystems in both the largest democracy and other smaller democratic spaces elsewhere.
• Such an exercise may help us understand the prevailing global situation and work on the future course of action.
• Drawing insights from an extensive Pew Research Centre survey spanning 24 nations, examining the evolving attitudes toward democratic governance becomes imperative to grasp the broader global context and chart potential pathways forward.

Why Worldwide Decline in Confidence in Democratic Systems?

• According to the Pew Research Centre's extensive 2023 global survey, which included 30,861 participants, there is a notable decline in faith in democratic institutions across the globe.
• Although 77% of respondents still hold optimism for representative democracy, there is growing openness to alternative governance structures.
• Of concern is the diminishing support for representative democracy since 2017, juxtaposed with increased approval for direct democracy, rule by experts, and authoritarian regimes.

Regional Dynamics and Emerging Trends in Perceptions of Governance:

• Shifting Preferences Towards Expert Rule and Authoritarianism: A noticeable inclination towards endorsing rule by experts and authoritarian forms of governance is observed across different regions.
  • This trend is particularly conspicuous in nations grappling with economic instability, political turbulence, or perceived inefficiencies within democratic structures.
  • In such contexts, citizens often perceive democratic systems as sluggish and inadequate in addressing urgent challenges, fostering a growing appeal towards centralized authority and decisive leadership.
• Influence of Socioeconomic Factors: Socioeconomic circumstances significantly shape preferences in governance.
  • Individuals from lower-income countries with limited educational access tend to show support for authoritative leadership and military rule.
  • This inclination may stem from a desire for stability and economic advancement, as authoritarian regimes are perceived as more effective in delivering immediate solutions to complex issues.
• Cultural and Historical Context: Variations in democratic perceptions are also influenced by cultural and historical backgrounds.
  • Nations with past experiences of authoritarian rule or centralized governance structures may exhibit greater openness to authoritarian models.
  • Additionally, cultural norms regarding leadership, hierarchy, and decision-making processes impact attitudes toward democracy and alternative governance models.
• Resistance to Authoritarian Trends in Certain Regions: Despite the rise in authoritarian sentiments in some areas, resistance to such ideologies persists in others.
  • Regions with strong traditions of liberal democracy, including Canada, Europe, Scandinavia, and the United States, continue to prioritize democratic values and institutions.
  • Here, a steadfast commitment to democratic principles, civil liberties, and the rule of law acts as a barrier against the erosion of democratic norms.

Evolution of Democratic Perceptions in India:

• Transition towards Strong Leadership: Recent years have witnessed a discernible transformation in Indian views on democracy, characterized by a diminishing preference for representative democracy and a growing inclination towards authoritative leadership.
  • In 2017, 44% of Indians favored representative democracy, a figure that declined to 36% by 2023.
  • Conversely, support for a commanding leader with substantial authority surged from 55% in 2017 to 67% in 2023.
• Rising Endorsement of Expert Governance: Mirroring global trends, Indian perspectives on governance have witnessed a notable uptick in backing for rule by experts and authoritarian models.
  • Support for rule by experts skyrocketed from 65% to an impressive 82% during the same period.
  • Of significant note is the remarkable preference for military rule or governance under an authoritarian figure, with a striking 85% of Indians expressing support for such models by 2023.
• Diverse Regional Outlooks: It's crucial to acknowledge the diversity in democratic perceptions across various regions and demographic cohorts within India.
  • While certain segments may lean towards authoritarian leadership, others remain steadfast in their commitment to democratic principles and institutions.
  • Factors such as education, socioeconomic status, and cultural heritage exert considerable influence on individuals' governance preferences.

Way Forward to Reinforce Democratic Foundations:

• Engaging Citizens in Governance: Central to a robust democracy is the active participation of citizens in decision-making processes.
  • Governments should establish channels and platforms facilitating meaningful engagement in policymaking and public affairs.
  • Initiatives like town hall meetings, participatory budgeting, citizen assemblies, and digital feedback platforms can foster citizen involvement.
• Ensuring Information Accessibility: Transparency and access to accurate information are cornerstone principles of democratic governance.
  • Governments must ensure unhindered access to information about government actions and policies.
  • Strengthening freedom of information laws, enhancing transparency mechanisms, and supporting investigative journalism can uphold government accountability.
• Upholding Accountability and Justice: Democratic institutions must remain accountable to the populace and uphold the rule of law.
  • Governments should institute checks and balances, foster an independent judiciary, and implement effective oversight mechanisms to prevent power abuse.
  • Additionally, efforts to promote equality before the law and safeguard the rights of marginalized groups are essential.
• Fostering Civic Engagement: Civil society organizations play a pivotal role in advocating for citizen rights and government accountability.
  • Governments should create an enabling environment for civil society to operate freely, safeguarding freedoms of association, expression, and assembly.
  • Collaboration between government and civil society can enhance democratic governance through dialogue and cooperation.
• Promoting Ethical Leadership: Ethical leadership and public service are vital for democratic integrity.
  • Governments should cultivate a culture of ethical conduct among officials and public servants, implementing measures to combat corruption and promote transparency.
  • Holding individuals accountable for misconduct reinforces democratic legitimacy.
• Embracing Responsive and Inclusive Policies: Democratic governments must prioritize policies addressing the needs of all citizens, especially marginalized groups.
  • Proactive efforts to promote social justice, economic equality, and inclusivity in decision-making processes are crucial.
  • Engaging diverse stakeholders and tailoring policies to ensure inclusivity is imperative for leaving no one behind.

Conclusion

The shifting democratic perceptions highlighted in both the Pew Research Centre survey and India's democratic context emphasize the importance of reevaluating global democratic systems. By acknowledging regional nuances, comprehending evolving attitudes, and emphasizing foundational reinforcement endeavors, nations can effectively address the complexities and potentials of democratic governance in the contemporary era.

Why is it in the News?

The European Court of Human Rights found Switzerland guilty of violating the rights of women from KlimaSeniorinnen, stating that the government's emission control efforts were insufficient, failing to protect women from climate change impacts.

Context:

• Courts worldwide are increasingly tasked with addressing the nexus between climate change and human rights, as evidenced by significant rulings such as those from the European Court of Human Rights in Switzerland and the Supreme Court of India.
• These landmark decisions highlight the imperative of acknowledging climate change as a human rights issue and establishing crucial benchmarks for legal and policy responses to mitigate its detrimental effects on people and societies.

Legal Acknowledgment of Climate Change's Human Rights Impacts:

• Recent rulings by the European Court of Human Rights against the Government of Switzerland and the Supreme Court of India have underscored the failure to safeguard vulnerable populations from the effects of climate change.
• The European Court's decision highlighted the government's neglect in protecting elderly women from climate-related harm, while the Indian Supreme Court affirmed citizens' entitlement to freedom from adverse climate effects under constitutional guarantees.
• Citing Articles 14 (equality before the law) and 21 (right to life and personal liberty) of the Indian Constitution, the Supreme Court emphasized individuals' right 'to be free from the adverse impacts of climate change.'
• These legal judgments signify a significant step towards acknowledging climate change as a pivotal human rights concern.

The Escalating Human Rights Risks of the Global Climate Crisis:

• The global climate crisis presents an imminent threat to human rights, imperiling individuals and communities worldwide.
• The latest State of the Global Climate Report from the World Meteorological Organization presents compelling evidence of the intensifying impacts of climate change.
• In 2023, numerous climate indicators soared to unprecedented levels, marking it as the hottest year on record.
• This unparalleled warmth coincided with concerning trends such as heightened ocean heat accumulation, rising sea levels, diminishing Antarctic sea ice, and accelerated glacier retreat.
• These indicators underscore the severe strain on our planet, with profound implications for human welfare.

India's Climate Action and Vulnerability:

• Progress Amid Persistent Vulnerability: Despite notable advancements in climate action, India, among the world's fastest-growing economies, continues to confront significant vulnerability to climate change.
  • Having met two of its Nationally Determined Contribution (NDC) targets—reducing emissions intensity by 33% to 35% and achieving 40% cumulative non-fossil fuel electricity capacity—well ahead of schedule, India demonstrates proactive measures.
  • Nevertheless, the nation remains highly susceptible to climate-related adversities.
• Population Concentration in Disaster-Prone Areas: A primary concern is India's demographic distribution, with over 80% of its populace residing in regions prone to climate-induced calamities like floods, cyclones, droughts, and heatwaves.
  • These events not only disrupt lives but also exacerbate existing socio-economic disparities, disproportionately impacting vulnerable groups such as small-scale farmers, rural communities, and marginalized populations.
• Intersecting Challenges of Climate Change: Climate change intersects with broader socio-economic and environmental issues, compounding their repercussions.
  • Rapid urbanization and haphazard development intensify urban vulnerability to climate-driven disasters like flooding and landslides.

Frameworks to Strengthen India's Climate Action:

• Embracing Comprehensive Legislation: India's climate governance could benefit from the adoption of a comprehensive regulatory framework dedicated to climate change.
  • This legislation would offer a unified structure for addressing diverse climate-related aspects, spanning mitigation, adaptation, finance, and capacity-building.
  • By enshrining climate objectives, targets, and strategies in law, such a framework can furnish legal clarity and consistency, guiding sustained planning and investment.
• Insights from Global Climate Laws: Research from the London School of Economics and Political Science examined climate framework laws in 60 nations, spotlighting their pivotal role in shaping national climate agendas.
  • Countries like Germany, Ireland, New Zealand, Finland, South Korea, South Africa, and the Philippines have instituted robust climate legislation surpassing mere compliance with international obligations.
  • These laws have facilitated public resource mobilization, bolstered climate action capabilities, and fostered inter-sectoral cooperation.

Additional Measures for Enhanced Climate Governance in India:

• Integrated Climate Policies: India's climate strategies should embrace an integrated approach, embedding climate considerations into broader development frameworks and decision-making processes.
  • This entails weaving climate adaptation and mitigation efforts throughout key sectors like agriculture, water management, energy, transportation, and urban development to foster a cohesive response to climate challenges.
• Localized Solutions and Cross-Sector Collaboration: Tailored, localized climate actions, coupled with collaborative efforts across sectors, are vital for addressing the diverse and context-specific impacts of climate change.
  • Governments can craft targeted strategies to bolster resilience, mitigate risks, and advance sustainable development goals by engaging local stakeholders and fostering partnerships across sectors.
• Harmonizing Climate and Sustainable Development Goals: Localized climate initiatives often align with broader Sustainable Development Goals (SDGs), such as poverty eradication, food security, access to clean water, and gender equity.
  • Integrating climate considerations into local SDG agendas enables governments to leverage synergies, optimize resource use, and fortify community resilience and sustainability.
• Empowerment of Civil Society: Civil society organizations (CSOs) play a pivotal role in advocating for climate action, environmental equity, and governmental accountability.
  • Empowering CSOs and fostering rights-based discourse on climate change are vital for fostering inclusive decision-making, transparency, and environmental justice.
• Fostering Inclusivity and Representation: Promoting diversity and inclusivity within civil society is imperative to ensure the voices and perspectives of marginalized communities are heard and heeded in climate policymaking.
  • CSOs should aim to represent the interests of various stakeholders, including women, indigenous populations, youth, persons with disabilities, and other marginalized groups, in climate governance.
• Advancing Rights-Centric Discourse: A rights-based approach to climate action acknowledges that climate change disproportionately impacts vulnerable communities, infringing upon their basic human rights to life, health, food, water, and livelihoods.
  • By framing climate change as a human rights issue, CSOs can advocate for policies that prioritize the needs of affected communities and champion environmental justice.

Conclusion

The alignment of legal rulings, scientific findings, and policy mandates emphasizes the pressing imperative to confront climate change as a human rights emergency.

By acknowledging the inseparable link between environmental health and human welfare, nations can pave the way toward climate resilience and equity.

Empowering communities, fortifying legal structures, and promoting cross-sectoral cooperation stand as pivotal measures in realizing a future liberated from the detrimental effects of climate change.

Why is it in the News?

In March 2024, India’s External Affairs Minister, S. Jaishankar, articulated, in a joint statement during his visit to Manila, India’s full support for the Philippines in upholding its national sovereignty concerning the South China Sea.

Context:

• During his visit to Manila in March 2024, India's External Affairs Minister reiterated India's steadfast support for the Philippines in safeguarding its national sovereignty amidst the ongoing South China Sea dispute.
• This statement came against the backdrop of heightened tensions and frequent maritime incidents in the region throughout 2023.
• Furthermore, a joint statement issued in 2023 by India and the Philippines emphasized the importance of China adhering to the rules-based maritime order and recognizing the 2016 ruling by the International Court of Justice (ICJ) in favor of the Philippines.
• These statements reflect a notable shift in India's approach towards the South China Sea issue, departing from its previous stance of caution and neutrality.
• India's evolving position on the South China Sea underscores its broader strategic and economic interests on the global stage, with a renewed emphasis on upholding international maritime law, sovereignty, and sovereign rights in the region.

About the South China Sea (SCS):

• The South China Sea (SCS) is a pivotal body of water located in Southeast Asia, bordered by China to the north, Vietnam to the east and south, the Philippines to the west, and Borneo to the south.
• It encompasses a myriad of shoals, reefs, atolls, and islands, with notable features including the Paracel Islands, the Spratly Islands, and the Scarborough Shoal.
• Strategically situated, the SCS serves as a crucial maritime passage connecting the Indian Ocean and the Pacific Ocean via the Strait of Malacca.
• It plays a vital role in global trade, with approximately one-third of all shipping traversing its waters annually, facilitating trillions of dollars in trade and serving as a linchpin for geopolitical dynamics.
• Rich in marine biodiversity, the SCS harbors a third of the world's marine species, providing essential fisheries that contribute to the food security of Southeast Asian nations.
  • Additionally, the region is believed to possess vast reserves of oil and gas beneath its seabed, further heightening its economic significance.
• With an estimated $3.4 trillion worth of ship-borne commerce passing through its lanes each year, including crucial energy supplies to nations like the United States, Japan, and South Korea, the South China Sea stands as one of the busiest and most consequential waterways on the planet.

Various Ongoing Disputes in the South China Sea (SCS):

There are multiple ongoing disputes in the South China Sea (SCS) involving several countries. These disputes revolve around territorial and maritime claims over islands, reefs, banks, and other features in the region.

• Spratly Islands Dispute: The Spratly Islands are claimed by China, Taiwan, Vietnam, the Philippines, Malaysia, and Brunei.
  • These islands are strategically important due to their location in the middle of the South China Sea, as well as potential oil and gas reserves.
• Paracel Islands Dispute: The Paracel Islands are claimed by China, Taiwan, and Vietnam.
  • China currently controls the islands, but Vietnam also asserts its sovereignty over them.
• Scarborough Shoal Dispute: The Scarborough Shoal is a disputed territory between China, Taiwan, and the Philippines.
  • The shoal is rich in fishing resources and is strategically located near important shipping lanes.
• Gulf of Tonkin Dispute: This dispute involves China, Taiwan, and Vietnam, who have overlapping claims over the boundaries in the Gulf of Tonkin.
• Natuna Islands Dispute: Although geographically a part of the South China Sea, Indonesia claims sovereignty over the Natuna Islands, while China's "Nine-Dash Line" claim overlaps with Indonesia's exclusive economic zone (EEZ) near the Natuna Islands.
• Senkaku Islands Dispute: In the East China Sea, the Senkaku Islands are disputed between China, Taiwan, and Japan, with Japan currently administering them.
• These disputes stem from historical claims, economic interests, and strategic considerations, leading to tensions between the involved parties.

India’s Policy Shift:

• Initially, India's engagement in the region was primarily motivated by economic considerations, in line with its Look East Policy.
  • This policy sought to strengthen economic linkages with Southeast Asia and secure vital energy resources essential for India's growing economy.
  • Demonstrating this economic focus, Indian state-owned enterprises like ONGC Videsh participating in oil and gas ventures in Vietnam's exclusive economic zones highlighted India's economic imperatives and its adherence to the principles of maritime resource exploration and exploitation within the framework of international law, particularly UNCLOS.
• India's policy trajectory has since evolved from Look East to Act East, indicating a shift towards a more proactive and strategic stance in the Indo-Pacific region.
• This shift reflects India's acknowledgment of the changing geopolitical landscape and the imperative for a comprehensive foreign policy approach.
  • The Act East Policy places greater emphasis on economic integration and underscores the importance of forging strategic partnerships and enhancing security cooperation with countries in the Indo-Pacific, including Vietnam, Malaysia, Singapore, and the Philippines.
• Concurrently, India has augmented its capabilities through various measures such as forward deployment, mission-based operations, heightened maritime domain awareness, and the establishment of deep-water maritime infrastructure.

India's intricate dynamic with China:

• The assertive behavior exhibited by China in the South China Sea (SCS) and its gradual encroachment strategy across various maritime domains, including the Indian Ocean, have sparked apprehension within India.
  • Chinese intelligence-gathering activities in the Eastern Indian Ocean have heightened India's vigilance, prompting a more proactive stance to address perceived threats to its maritime security.
• Against the backdrop of escalating geopolitical tensions in the SCS, largely driven by China's assertive territorial assertions and militarization efforts, India's approach has undergone a nuanced yet less cautious evolution.
  • This transformation in India's stance toward the SCS is closely interlinked with its complex relationship with China.
  • Both nations have a history of longstanding border disputes, which escalated following the Galwan Valley clash in 2020.
  • China's periodic incursions into Indian territory and recent actions such as renaming Indian villages in Arunachal Pradesh further exacerbate these tensions.
• The Galwan Valley incident prompted India to deploy a frontline warship to the SCS, showcasing India's asymmetric deterrence capabilities.
  • China's assertive stance and territorial claims in both the SCS and along India's land border pose significant challenges to regional stability.
• India's strategic engagements, including regular naval exercises and enhanced military cooperation with Southeast Asian nations, serve dual purposes: reaffirming India's commitment to regional security and acting as a counterbalance to China's contentious assertions.

The ASEAN Perspective:

• New Delhi's strategic recalibration stems from recognizing the critical importance of the South China Sea (SCS) for regional security and the global maritime order.
  • The disputes involving China and various ASEAN nations in the SCS directly impact the principles of freedom of navigation and overflight, which are essential not only for India's trade and energy transport but also for countries worldwide.
• As an active participant in the Indo-Pacific region, India cannot afford to remain indifferent to such significant issues.
  • Its central role in the Indo-Pacific extends beyond the Indian Ocean to the broader maritime domain, where China's rise challenges the established order in unforeseen ways.
• India's Indo-Pacific strategy prioritizes ASEAN centrality, despite internal differences within the regional grouping presenting challenges.
  • India's advocacy for a rule-based international maritime order, particularly its steadfast support for UNCLOS, stands in opposition to unilateral actions that undermine regional stability.
• This principled stance, deeply rooted in India's foreign policy framework, indirectly counters China's expansive territorial claims and activities in the SCS, underscoring India's dedication to regional stability and security as a responsible stakeholder.

Navigating Challenges and Choices for India:

• India encounters complexities in managing the South China Sea (SCS) disputes, especially given the divergent interests within ASEAN.
  • While ASEAN nations adopt varying approaches to disputes, India aims to strike a delicate balance between supporting regional partners and steering clear of direct entanglement in confrontational situations.
• India is exploring a spectrum of options, including initiatives to bolster capacity, cooperation in defense matters, infrastructure development, and advocating for the preservation of international law in the SCS.

Conclusion:

India's recalibrated approach to the South China Sea disputes arises from strategic necessities, evolving geopolitical landscapes, and regional intricacies. The nuanced stance adopted by India towards the South China Sea is emblematic of its broader strategy, aimed at safeguarding its interests while actively participating in collective endeavors to uphold peace, stability, and the rule of international law across the Indo-Pacific region.

Why is it in the News?

In August 2023, India enacted its first comprehensive data protection law, the Digital Personal Data Protection (DPDP) Act, 2023, with the government currently in the process of formulating rules and regulations for its implementation, anticipated to conclude post the general election.

Context:

• In August 2023, India introduced its first comprehensive data protection law, the Digital Personal Data Protection (DPDP) Act, 2023.
• While aimed at safeguarding personal data, its impact on journalistic freedom warrants examination, as the absence of exemptions for journalistic activities may threaten the foundational principles of a free press.

Provisions of Digital Personal Data Protection (DPDP) Act:

• The Digital Personal Data Protection (DPDP) Act, 2023 is a landmark legislation aimed at regulating the collection, processing, storage, and use of personal data in India.
• The Act establishes a comprehensive framework for lawful and transparent handling of personal data, seeking to safeguard individuals' privacy and data rights.

Key provisions of the DPDP Act, 2023 include:

• Definition of personal data: Any information capable of identifying an individual, directly or indirectly.
• Principles of data protection: Lawfulness, fairness, transparency, purpose limitation, data minimisation, accuracy, storage limitation, integrity, confidentiality, and accountability.
• Data handlers: Distinction between data fiduciaries (determining processing purpose and means) and data processors (processing data on behalf of fiduciaries).
• Consent: Requirement for explicit consent before processing personal data, with provisions for withdrawal.
• Individual rights: Access, correction, erasure, and transfer of personal data.
• Data localisation: Potentially mandating the storage and processing of certain sensitive data within India.
• Oversight: Establishment of a Data Protection Board to monitor compliance and resolve grievances.
• Non-compliance: Penalties and sanctions, including fines and legal consequences for violations.
• Cross-border data transfers: Ensuring data protection standards comparable to India's when transferring data across borders.
• Obligations for data fiduciaries and processors: Security measures, data breach notifications, and data impact assessments.
• The DPDP Act, 2023 represents a significant step towards upholding individual privacy rights in India and ensuring responsible data management by government entities, organisations, and individuals alike.

Journalistic Exemptions in Data Protection Laws:

• Traditionally, data protection laws include exemptions for journalistic activities, allowing journalists to access and report on personal data without consent for investigative purposes.
  • These exemptions ensure freedom of the press and facilitate accountability in society.
• However, the Digital Personal Data Protection (DPDP) Act, 2023 does not provide such exemptions.
  • Previous drafts of the Act, including versions released by an expert committee on data protection (2018), the government (2019), and a Joint Parliamentary Committee (2021), contained provisions for journalistic activities.
• The unexplained removal of these exemptions in the DPDP Act's final iterations (2022 and 2023) raises concerns over potential negative impacts on journalism and its role in maintaining transparency and accountability.
  • Addressing this absence of journalistic exemptions will be crucial to upholding the freedom of the press and protecting the public's right to information.

Challenges for Journalists under the DPDP Act:

• Consent Requirements: Journalists are now obligated to secure consent from individuals before utilizing their personal data in news stories.
  • This could impede investigative reporting, as subjects may refuse consent, thereby obstructing access to crucial information.
• Right to Erasure: The right to erasure permits individuals to demand the deletion of published stories containing their personal data.
  • This provision may result in the removal of significant investigative work, undermining transparency.
    • For instance, when reporting on a Member of Parliament (MP) and their activities, journalists often gather information such as meeting details, travel itineraries, and familial financial investments, all of which constitute personal data under the DPDP Act.
• Obtaining consent for such data usage poses challenges, and even after publication, MPs can invoke the right to erasure, compelling journalists to delete pertinent stories.
• Government Oversight: The Act grants the government authority to request information from data processors, potentially compromising the confidentiality of journalists' sources and research materials.
  • This governmental oversight may curtail the press's capacity to hold the state accountable.