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23rd April 2024

Denying child-care leaves to mother violates constitution: SC

Context

The Supreme Court said that denying child care leave to working mothers of disabled children violated the constitutional mandate for equal participation of women in the workforce.

1: Dimension-Significance of Child-Care Leaves (CCL)
  • Constitutional entitlement: A bench of Supreme Court emphasised that the participation of women in the work force is not just a matter of privilege but constitutional entitlement by Article 15 of the Constitution.
  • Violation of constitutional mandate: The court said the provision of Child-Care Leaves (CCL) to women subserves an important constitutional object, and denying the same to mothers of children with disabilities would violate the constitutional duty to ensure equal women participation in the workforce.
2: Dimension-Barriers addressed by this ruling
  • Systematic barriers: At its core, this ruling addresses the systemic barriers faced by women in balancing their professional careers with caregiving duties, particularly when they have children with disabilities.
  • Gender disparity and undermined children’s rights: Denying child care leave to these mothers not only perpetuates gender disparities in the workforce but also undermines the rights of children with disabilities to receive adequate care and support from their parents.
  • Societal attitudes towards caregiving: Moreover, the ruling underscores the broader societal attitudes towards caregiving, gender roles, and the inclusion of persons with disabilities.
  • State’s obligations: Additionally, the ruling emphasizes the obligation of the state and employers to adopt inclusive policies that promote gender equality and support the diverse needs of working parents, including those with children with disabilities.

In conclusion, the Supreme Court's verdict on child care leave for mothers of disabled children reflects a significant step towards upholding gender equality, safeguarding the rights of children with disabilities, and fostering an inclusive society. It underscores the imperative for legislative and policy reforms that prioritize the needs of marginalized groups and promote a more equitable and supportive environment for all members of society.

UPSC PYQ (Related)

Q: What are the continued challenges for women in India against time and space? (UPSC 2019)

The widened Insurance Net

Context

IRDAI has lifted the age ceiling of 65 years for buying a medical insurance policy, a move that widens the insurance net and provides huge relief to senior Indians.

Key-highlights of the changed policies
  • Elimination of age factor: The elimination of age limit by IRDAI aims to broaden the market and offer comprehensive coverage.
  • Coverage of all age groups: IRDAI, has asked insurance companies to offer their usual health policies to everyone, including senior citizens, students, and children.
  • Enhanced access for high-risk health conditions: The insurers are now also prohibited from refusing to issue policies to individuals with severe medical conditions like cancer, heart or renal failure, and AIDS.
  • Fixed compensation: The insurance companies are barred from introducing indemnity-based health policies, which compensate for hospital expenses. Instead, they are only permitted to provide benefit-based policies, offering fixed costs upon the occurrence of a covered disease.
  • This change, effective from April 1, makes health insurance more inclusive and accessible to individuals of all ages.
  • IRDAI has committed to enable ‘Insurance for All’ by 2047.
1: Dimension-Significance of the move
  • Inclusive healthcare ecosystem: The move aims to foster a more inclusive and accessible healthcare ecosystem, ensuring adequate protection against unforeseen medical expenses.
  • Diversified offering: While creating a more inclusive healthcare ecosystem, it will encourage insurance provider companies to diversify their product offerings.
  • Humane approach: The decision to prohibit from refusing to issue policies to individuals with severe medical conditions will lead to develop more humane and caring healthcare in India.
2: Dimension-Challenges in the sector
  • There persists number of challenges such as low awareness, limited understanding, complex process, low affordability, lack of trust, delay in claim settlements.
  • Economic Survey, 2022–23, highlights that ‘most life insurance products sold in India are savings-linked with a small protection component. Hence, Indian households remain exposed to a significant risk in the event of the premature death of the primary breadwinner.
  • Mis-selling of products without analysing the customer’s needs and poor claim settlement experience, which are the leading categories of grievances reported by policyholders, are also the main challenges of the insurance industry.
3: Dimension- Required Measures
  • Innovative products: Insurers need to innovate product offerings and help the IRDAI achieve its vision ‘Insurance for all’ by 2047.
  • Technology: There is need to embrace a digital-first approach to sell insurance through omni-channel, multilingual platforms to achieve sustainable business growth.
  • Addressing fundamental issues: Insurers need to address the fundamental issues of the industry –awareness, affordability, accessibility and trust –and transform their business model to address the increasing customer needs.
  • Simplicity and transparency: Industry practitioners should embed maintaining product simplicity and transparency in communication across all touchpoints, and superior claim settlement experience.
  • Strategic collaboration between insurers, governments, intermediaries and regulators will be the way forward to realise the full potential of the insurance ecosystem and drive businesses towards achieving a sustainable growth of the industry.

Fact Box:

Indian Insurance market

  • The Indian Insurance market is expected to reach USD 200 BN by 2027.
  • India is 9th largest Life Insurance Market
  • Insurance density in India has increased from USD 11.1 in 2001 to USD 91 in 2021 (Life insurance- USD 69, Non-life insurance – USD 22)
  • Insurance penetration in India has been steadily increasing (from 2.7% in 2000 to 4.2% in 2021)
  • Ayushman Bharat PM-JAY is the largest health assurance scheme in the world and is funded by the Government.

Important Government Interventions

  • To realise the dream of ‘Insurance for all’ by 2047, insurance regulators are taking many progressive steps like BIMA SUGAM, BIMA VAHAK and BIMA VISTAAR amongst others.
  • Digital Personal Data Protection (DPDP) Act, 2023 aims to help insurance providers to enhance data protection in the insurance sector.
  • Financial inclusion programmes like Pradhan Mantri Jan Dhan Yojana, Jeevan Suraksha Bandhan Yojana and Pradhan Mantri Suraksha Bima Yojana, Atal Pension Yojana have played a pivotal role in bringing underpenetrated segment under the umbrella of insurance.

Insurance Regulatory and Development Authority or IRDA

  • Founded: 1999
  • IRDA is an autonomous body that is responsible for managing the insurance industry of India, which covers both life insurance and general insurance companies. 

Mullaperiyar Dam

Context

The Supreme Court fixed July 10 for finalising the legal issues to be heard and decided by it in an original suit filed by Tamil Nadu due to its objections to the Survey of India report filed in relation to construction of a mega car park project by Kerala in the Mullaperiyar catchment area

About Mullaperiyar dam case
  • In 2014, the present suit was filed by Tamil Nadu aggrieved by the construction of a mega car park by Kerala in the Mullaperiyar catchment area.
  • Through the suit, Tamil Nadu sought to permanently restrain Kerala from encroaching upon the area leased to the former.
  • In November, 2023, the conflict between the states escalated as National Green Tribunal (Chennai) permitted Kerala to proceed with various projects in the Periyar Tiger Reserve, including the mega car park project.

Fact Box: Mullaperiyar Dam

  • Mullaperiyar dam is situated on Periyar river in Kerala.
  • Constructed between: 1887 and 1895
  • Objective: to divert water of the west-flowing Periyar river to arid regions of the east.
  • In 1886, the Periyar Lake Lease Agreement was signed between the Maharaja of Travancore (then princely state and reorganized after independence as Kerala) and Secretary of State for British India, for Periyar irrigation works.
  • After the independence of India, this agreement was renewed by the states of Tamil Nadu and Kerala in 1970, giving Tamil Nadu rights over the land and water related to the dam, as well as authority to develop hydropower projects at the site, while Kerala received rent.

Star Campaigner

Context

In the wake of Lok Sabha Elections, political parties have started releasing the names of ‘star campaigners’.

About star campaigner
  • A star campaigner is a celebrity vote seeker in an election for a party. 
  • Section 77 of the Representation of the People Act, 1951 (RP Act) provides for law relating to expenditure incurred by ‘leaders of a political party’. These ‘leaders of a political party’ are popularly known as ‘star campaigners’.
  • These star campaigners are usually the top leaders of a political party but can include other celebrities as well.
  • Requirement: The only requirement is that these persons have to be members of the political party that appoints them.
  • Numbers: The RP Act provides that a recognised political party (national or State) can appoint a maximum of 40 star campaigners while a registered unrecognised political party can appoint up to 20.
  • The list has to be sent to the Election Commission of India.
  • Cost: ECI has fixed Rs 95 lakh expenseslimit for candidates of bigger Lok Sabha constituencies and up to Rs 75 lakh for candidates of smaller constituencies.
    • Political parties cover all costs of star campaigners under the RP Act. But the star campaigner’s expenses are not deducted from the candidate’s expenditure.
    • Thus it allows the candidates extra spending opportunity beyond the poll panel’s Rs 75 – Rs 95 Lakh limitfor Lok Sabha polls.

FSSAI to check quality of Spices

Context

The Food Safety and Standards Authority of India (FSSAI) has ordered a pan-India sampling and testing drive of spices products of various brands to check on safety and quality parameters after Hong Kong’s Centre for Food Safety asked consumers not to consume few Indian spice brands allegedly over presence of a pesticide called ethylene oxide.

About FSSAI
  • FSSAI is an autonomous statutory body established under the Food Safety and Standards Act, 2006 (FSS Act).
  • Ministry of Health & Family Welfare is the administrative Ministry of FSSAI.
  • FSSAI is tasked with enforcement of standards and regulations only in the domestic market.
  • Spice Board of India evaluates spice products prior to exports and is also expected to look into this issue.

Infant nutrition

  • FSSAI is also expected to be testing samples of infant nutrition products being sold in the country.
  • This comes after a report that has raised concerns regarding “added sugar” levels in infant cereal products sold by Nestle in India and other developing markets.
  • According to FSSAI regulations-
    • Lactose and glucose polymers shall be the preferred carbohydrates for food for infant nutrition.
    • Sucrose and/or fructose shall not be added, unless needed as a carbohydrate source, and provided the sum of these does not exceed 20 per cent of total carbohydrate.

Fact Box:

  • Ethylene oxide (EtO) is a flammable, colorless gas used to sterilize medical equipment and other plastics that are sensitive to heat or moisture. 
  • EtO is classified as a carcinogen, meaning it is a substance that can cause certain cancers.
  • Chronic exposure to EtO through inhalation is associated with the development of cancers of the white blood cells, such as non-Hodgkin lymphoma, myeloma, and lymphocytic leukemia. 
  • Use of ethylene oxide is banned in India.

HC upheld Karnataka’s ban on hookah

Context

Karnataka High Court has upheld the state government’s notification imposing a blanket ban on sale of hookah and water-pipe smoking.

Legal and Constitutional Provisions
  • The ban was imposed taking recourse to the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act (COTPA), 2003 and the Karnataka Poisons (Possession and Sale) Rules, 2015.
    • Under Section 31 of the COTPA, the Centre can make further Rules to carry out the provisions of the Act.
  • In 2008, the Prohibition of Smoking in Public Places Rules were brought into force.
  • It is the duty of the state to raise the level of nutrition and the standard of living and to improve public health under Article 47 of the Constitution.
  • Article 47, along with the rest of the provisions in Part IV of the Constitution, is a “directive principle of state policy”.
  • Article 47 was intrinsically linked with the right to life with dignity under Article 21.
  • Reasonable restriction: Citizens have the fundamental right to “practise any profession, or to carry on any occupation, trade or business” guaranteed by Article 19(1)(g).
    • However, the court held that this freedom can be subject to certain reasonable restrictions including the prohibition of certain occupations, trades and businesses, if it is “in the general interest of the public”.
    • The court also held that a directive principle such as Article 47 can be used to justify a restriction on citizens’ rights under Article 19(1)(g).

2024 Padma Awards

Context

The Padma Awards 2024 have been announced, and the list includes 132 recipients, with 30 of them being women and 8 from the categories of foreign non-resident Indian (NRI), person of Indian origin (PIO), and overseas citizenship of India (OCI).

About Padma Awards:
  • The Padma Awards are one of the highest civilian honoursonly after Bharat Ratna of India announced annually on the eve of Republic Day.
  • The Awards are given in three categories:
    • Padma Vibhushan (for exceptional and distinguished service)
    • Padma Bhushan (distinguished service of higher order)
    • Padma Shri (distinguished service)
  • The Padma Awards are conferred on the recommendations made by the Padma Awards Committee, which is constituted by the Prime Minister every year.
  • The awards are presented by the President of Indiausually in the month of March/April every year where the awardees are presented a Sanad (certificate) signed by the President and a medallion.
  • The award does not amount to a title and cannot be used as a suffix or prefixto the awardees’ name.
  • The total number of awards to be given in a year (excluding posthumous awards and to NRI/foreigners/OCIs) should not be more than 120.
  • Eligibility:
  • All persons without distinction of race, occupation, position or sex are eligible for these awards.
  • Government servants including those working with PSUs, except doctors and scientists, are not eligible for these Awards.
  • The award is normally not conferred posthumously. However, in highly deserving cases, the Government could consider giving an award posthumously.

UPSC PYQ

Q: Consider the following statements in respect of the Bharat Ratna and Padma Awards. (2021)
(1) Bharat Ratna and Padma Awards are titled under Article 18(1) of the Constitution of India.
(2) Padma Awards, which were instituted in the year 1954, were suspended only once.
(3) The number of Bharat Ratna Awards is restricted to a maximum of five in a particular year.
Which of the above statements is not correct?
(a) 1 and 2 only
(b) 2 and 3 only
(C) 1 and 3 only
(d) 1, 2 and 3

Solution: (d)

54th Earth Day

Context

The planet Earth commemorated the 54th Earth Day on April 22, 2024, at a time when pollution is at never-before-seen levels and temperatures on are breaking records every year. 

About Earth Day
  • Earth Day is celebrated on April 22 every year. The day is also known as International Mother Earth Day.
  • It was first celebrated across US college campuses in 1970 — months after a massive oil spill in Santa Barbara. The movement has since mobilised more than a billion individuals in over 192 countries.
  • Theme 2024:"Planet vs. Plastics" 

Fact Box: Paris Accord

  • In 2016 the United Nations selected April 22 as the date for the Paris Accord.
  • Leaders from 196 nations came together on April 22 that year to adopt a legally binding treaty against global warming.
  • Countries are expected to try and limit global warming to 1.5°C under the Accord while greenhouse gas emissions must peak before 2025 at the latest and decline 43% by 2030. 

Gukesh D becomes youngest challenger for world chess title

Context

Teenage Indian chess prodigy Gukesh Dommaraju, better known as Gukesh D, became the youngest player to claim the men’s Candidates Tournament in Toronto, Canada.

About
  • Gukesh is ranked 16th in the world by the International Chess Federation (FIDE).
  • Gukesh is set to become the youngest player ever to challenge for a world chess title.
  • The previous youngest winner of a Candidates tournament was Russian prodigy Kasparov, then 20, in 1984.
  • Joining Gukesh in the men’s Candidates tournament was Rameshbabu Praggnanandhaa (R Praggnanandhaa), 18,who famously stunned the chess world by beating Carlsen in 2022.
    • “Pragg”, as he is known to fans, became the youngest international chess master at the age of 10 and the second-youngest grandmaster in the world at 12.
    • Last year, he and his sister, 22-year-old Rameshbabu Vaishali (R Vaishali), became the first-ever brother and sister duo to obtain grandmaster titles.
  • Gukesh is the second Indian to play in a world championship after legendary Indian player Viswanathan “Vishy” Anand

UPSC PYQ (Related)

Q: Parimarjan Negi has excelled in which one of the following games? (2007)

  1. Billiards
  2. Swimming
  3. Chess
  4. Weightlifting

Solution: (c)

TERMS OF THE DAY

S.No.

Term

About

1.        

Overseas Citizens of India (OCI)

The Overseas Citizens of India (OCI) is given to overseas Indians. It provides long term visa free travel and stay in India and gives the cardholders a host of privileges normally not given to a foreign national.

2.        

Person of Indian Origin (PIO)

PIO means a foreign citizen (except a national of Pakistan, Afghanistan Bangladesh, China, Iran, Bhutan, Sri Lanka and Nepal) who at any time held an Indian passport Or who or either of their parents/ grandparents/ great grandparents was born.

3.        

Recognised political parties

  • Parties that get some special facilities from the Election Commission are called 'recognised political parties'.
  • A recognised party (national or state) has theright to certain privileges like allocation of the party symbols, provision of time for political broadcasts on the state-owned television and radio stations and access to electoral rolls.

Editorial

Political space for disability rights, a silver of hope

Context:

Amidst election manifestos, the proposal to include disability as a distinct ground for discrimination under Article 15 of the Constitution has garnered attention, offering hope to the disability rights movement for constitutional reform.

Call for Constitutional Amendment

  • Coverage: Disability rights advocates push for amending Article 15 to explicitly cover disability as a discrimination ground.
  • India’s obligation: UN Committee on the Rights of Persons with Disabilities echoes this demand in 2019, highlighting India's obligation under international conventions.
  • Persistent gap: Despite global strides in disability rights, India has yet to address this longstanding omission in its constitutional framework.

Legal Framework and Constitutional Recognition

  • Significant achievement: Adoption of the UNCRPD in 2006 and the enactment of the Rights of Persons with Disabilities Act in 2016 mark significant milestones.
  • Gaps in current provisions: Current legal provisions offer protection against discrimination on a statutory basis, falling short of constitutional guarantee.
  • Need of constitutional recognition: There is urgent necessity of constitutional recognition to provide robust remedies and demonstrate a deeper commitment to disability rights.

Political Will and Advocacy Efforts

  • Growing awareness: Inclusion of disability as a ground under Article 15 gains traction within political discourse, reflecting growing awareness of disability rights.
  • Efforts in the right direction: Noteworthy initiatives by disability rights organizations, like the release of a disability-focused manifesto, underscore the persistent advocacy efforts.
  • Shift in attitudes: Furthermore, it signals a potential shift in political attitudes towards addressing the longstanding demands of the disability rights movement.
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Editorial

Restoring earth’s right to ‘good health’

Context:

The European Court of Human Rights holds Switzerland accountable for inadequate climate action, signalling a new era where climate change intersects with human rights. Similar recognition emerges in India, emphasizing the right to be free from climate change impacts.

Legal Recognition of Climate Change as a Human Rights Issue

  • Guilty: European Court of Human Rights finds Switzerland guilty of violating women's rights due to inadequate climate action.
  • Recognition in India: Supreme Court of India recognizes the right to be free from adverse climate impacts under constitutional provisions.
  • Urgency to address climate change: World Meteorological Organization's report highlights 2023 as the hottest year on record, underscoring the urgency of addressing climate change as a human rights crisis.

India's Progress and Vulnerabilities

  • India’s vulnerability: India achieves two Nationally Determined Contribution targets ahead of schedule, but remains highly vulnerable to climate change.
  • Risk of residence: Over 80% of India's population resides in districts at risk of climate-induced disasters, exacerbating socio-economic inequalities.
  • Rights perspective of climate change: Urgent need to address climate change impacts from a rights perspective to safeguard health, life, and liberty.

Pathways for Enhanced Climate Action

  • Proposal for an overarching regulation on climate change in India to strengthen governance and accountability.
  • Adoption of climate change framework laws from countries like Germany and South Africa can guide India in enhancing climate governance.
  • Leveraging India's localisation model for Sustainable Development Goals to integrate climate action into local-level planning and implementation.
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Editorial

A lesson from Taiwan in quake resilience

Context:

Recent earthquakes in Taiwan highlight the importance of earthquake preparedness and building resilience in tectonically active regions, offering valuable lessons for earthquake-prone countries like India.

Understanding Earthquake Occurrence and Impact

  • Occurrence: Earthquakes occur along tectonic plate boundaries due to the movement of Earth's lithospheric plates.
  • Earthquake prone area: The Himalayan region, formed by the convergence of the Indian and Eurasian plates, is prone to powerful earthquakes.
  • Different impacts: Variations in seismic activity and building resilience contribute to differences in earthquake impact, as seen in recent earthquakes in Taiwan and India.

Taiwan's Response and Preparedness

  • Building codes and reforms: Taiwan has experienced significant earthquakes and has implemented stringent building codes and disaster management reforms.
  • Advanced methods: Advanced earthquake monitoring networks, early warning systems, and public awareness campaigns contribute to Taiwan's earthquake preparedness.
  • Innovative technologies like seismic dampers and base isolation systems enhance building resilience, as exemplified by Taipei 101's tuned mass damper.

Lessons for India and Recommendations

  • Need to prioritize safety: India, undergoing infrastructural expansion in earthquake-prone regions like the Himalayas, must prioritize seismic safety.
  • Compliance with seismic codes, construction of engineered structures, and enforcement of seismic regulations are essential for mitigating earthquake risks.
  • Utilizing regional seismic codes tailored to local earthquake activity and promoting earthquake-resistant architectural styles can enhance building resilience in India.
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