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21st January 2025 (12 Topics)

21st January 2025

Mains Issues

Context

The Supreme Court of India has recently intervened in the long-standing dispute between Tamil Nadu and Kerala over the safety of the Mullaperiyar dam, which has been in existence for 129 years. The court has asked both states to address whether the safety of the dam should be overseen by a committee formed by the court itself or a new statutory committee established under the Dam Safety Act, 2021.

What is the issue?

  • The Mullaperiyar dam, located in Kerala but managed by Tamil Nadu, is a major point of contention between the two states.
    • Kerala has raised concerns about the safety of the dam, citing risks such as climate change, heavy rainfall, and potential floods. Kerala has even proposed building a new dam, as it believes the existing one is deteriorating.
  • The Legal Dispute: In previous years, the safety of the dam was supervised by a committee formed by the Supreme Court. The dispute escalated when Kerala accused Tamil Nadu of obstructing necessary repairs and maintenance to ensure the dam’s safety.
    • Tamil Nadu countered by claiming that Kerala was deliberately delaying approvals for maintenance work and was not cooperating in the process.
  • Supreme Court’s Intervention: The Supreme Court has asked Tamil Nadu and Kerala to address the effectiveness of these two committees—whether the current one formed by the court or the statutory one under the Dam Safety Act, 2021—would be better suited to oversee the dam’s safety.
  • Positions of the States:
    • Tamil Nadu’s Position: Tamil Nadu has criticized Kerala for raising concerns about the dam’s safety while obstructing the necessary works and approvals to maintain it. Tamil Nadu has accused Kerala of delaying even routine maintenance work, which has hindered efforts to strengthen the dam.
    • Kerala’s Position: Kerala, on the other hand, has pushed for the decommissioning of the dam and constructing a new one, citing safety risks posed by the aging structure and environmental factors like climate change.

Mullaperiyar Dam

  • The Mullaperiyar Dam, located in Kerala but operated by Tamil Nadu, is situated within the Periyar Tiger Reserve.
  • Constructed between: 1887 and 1895
  • Objective: to divert water of the west-flowing Periyar river to arid regions of the east.
  • The Mullaperiyar Dam, 155 feet high and 1,200 feet long, was constructed between 1887 and 1895 under the supervision of the British Corps of Royal Engineers.
  • Its purpose was to divert the waters of the west-flowing Periyar River eastward to arid regions of Tamil Nadu, specifically the districts of Theni, Madurai, Sivaganga, and Ramanathapuram.

The Dam Safety Act, 2021:

  • The Dam Safety Act, 2021, mandates the creation of a National Committee on Dam Safety, which is responsible for establishing safety policies, guidelines, and standards for dams across India.
  • This new statutory committee is led by the Chairperson of the Central Water Commission and includes specialists in dam safety.
  • The Supreme Court, however, questioned if the existing supervisory committee it created earlier was sufficient, or if the statutory committee under the new law would be more effective in managing the dam’s safety.

Mains Issues

Context

Sanjoy Roy was sentenced to life imprisonment by a court in Sealdah, Kolkata, for the rape and murder of a junior doctor at the state-run RG Kar College and Hospital in August 2024. The case drew widespread public attention due to the brutal nature of the crime and Roy’s position as a civic volunteer, which he exploited to commit the crime.

Why Life Imprisonment Instead of Death Penalty?

  • Death Penalty Criteria: Although the crime was violent, the court concluded that it did not meet the “rarest of the rare” standard required for capital punishment in India. This standard is applied in cases that are exceptionally brutal or shocking.
  • Reform Potential: The defense successfully argued that the prosecution did not prove that Roy was incapable of reform. Indian law mandates that for a death penalty to be imposed, the convict must be shown to be beyond reform.
  • Roy was found guilty under Bharatiya Nyaya Sanhita (BNS) sections 64 (rape), 66 (causing injury resulting in death of rape victim), and 103 (1) (murder).
    • Section 103(1) provides for the death penalty or life imprisonment
    • Section 66 provides for imprisonment of not less than 20 years, which may be extended to life
    • Section 64 lays down imprisonment of not less than 10 years, which may extend to life in prison.

Legal Options for the Convict:

  • Appeal by Sanjoy Roy: Roy has the right to appeal his conviction and sentence to the Kolkata High Court. He can challenge both the conviction and the life imprisonment sentence.
  • Prosecution's Appeal: The prosecution can also appeal to a higher court, possibly seeking an enhancement of the sentence to the death penalty. Since the case is being handled by the Central Bureau of Investigation (CBI), they could request the government to file an appeal based on the argument that the sentence is too lenient.
  • Time Frame for Appeal: Any appeal filed against the sentence must be disposed of within six months, as per the provisions of the Bharatiya Nyaya Sanhita (BNS), which applies to cases under Sections 64 and 66 (the sections Roy was convicted under).

Death Penalty in India (Controversy and High-Profile Cases):

  • The death penalty is a contentious issue in India.
  • The 2012 Nirbhaya gang-rape case led to the execution of four convicts.
  • Another famous case involved Muthalagu’s execution in 2004 for the murder of a family of five.
  • The assassination of Indira Gandhi in 1984 also saw death sentences for the convicts.

Arguments in favour of death penalty

Arguments against death penalty

  • Retribution- One of the key principles of retribution is that people should get what they deserve in proportion to the severity of their crime. This argument states that real justice requires people to suffer for their wrongdoing and to suffer in a way appropriate for the crime.
  • Deterrence - By executing convicted murderers, would-be murderers can be deterred from killing people. 
  • Closure: It is often argued that the death penalty provides closure for victims' families.
  • Questionable: The statistical evidence doesn't confirm that deterrence works. Some of those executed may not have been capable of being deterred because of mental illness or defect.
  • The risk of executing the innocent persists: There are certain risk of misinterpretation of the evidences and instances of false case, increases the risk of executing innocent persists.
  • Morality: It is seen as inhumane. Thus, the morality of the death penalty is debatable.

Mains Issues

Context

Six state universities in Tamil Nadu have been without Vice Chancellors (VCs) for several months to over a year. The delay in appointing new VCs is due to a disagreement between the Governor (acting as the ex-officio Chancellor) and the Tamil Nadu State Government regarding the composition of the search committee that selects VCs.

The Core Disagreement

  • Governor’s Stance: The Governor insists that a nominee from the University Grants Commission (UGC) must be included in the VC search committee. This is based on the UGC Regulations, 2018, which mandate such a nomination.
  • State Government’s Stance: The Tamil Nadu government argues that the search committee should follow the procedures outlined in the State University Acts. These Acts typically only require nominees from the Chancellor, the syndicate (a university body), and the senate, excluding the UGC.
  • The State government opposes UGC involvement, fearing it undermines the autonomy of state universities.

Legal Complications

The situation is complicated by conflicting Supreme Court rulings:

  • One set of rulings supports the Governor’s view, stating that UGC regulations are mandatory and can override State laws in case of conflict.
  • Another set of rulings backs the State government’s position, saying UGC regulations are advisory and cannot override State laws unless adopted by the State.

This confusion has made it difficult to resolve the issue.

Constitutional Issue: Can UGC Regulations Override State Laws?

  • The core legal issue revolves around whether the UGC regulations, which are subordinate legislation (rules created under a central law), can override State laws (plenary laws passed by the State legislature). This issue is tied to Centre-State relations.
    • Article 254(1) of the Indian Constitution addresses situations where Central laws conflict with State laws. It says that if a State law conflicts with a Central law, the Central law will prevail. However, this rule applies to plenary laws (full laws passed by Parliament or State legislatures) and not to subordinate legislation (like UGC regulations).
  • Key Legal Precedents: The Supreme Court has ruled in previous cases that subordinate legislation, such as UGC regulations, cannot override plenary State laws. The UGC can only issue advisory regulations for universities; it cannot enforce them on State universities unless the State adopts them.
Conflicting Supreme Court Rulings

There have been some conflicting rulings by the Supreme Court:

  • In some cases, the Court has ruled that UGC regulations should be followed by State universities, arguing that they are mandatory once laid before Parliament.
  • In other cases, the Court has stated that UGC regulations are not mandatory for State universities unless the State adopts them.

This inconsistency in rulings has created confusion about the applicability of UGC regulations to State universities.

UGC’s Overreach
  • The UGC’s regulations about Vice Chancellor appointments are seen as overreach. The UGC Act, 1956 does not specifically deal with the appointment of VCs.
  • The enactment of the UGC Act 1956 is traced to Entry 66 of the Union list. Section 26 of this Act allows UGC to make regulations. 
    • Union list is one of the three lists on the 7th schedule of the Constitution. State list and Concurrent list are the other two.
    • According to Article 246, the central government has exclusive powers to make laws on the subjects in the Union list, while the state government can make laws on subjects in the State list.
    • As for the Concurrent list, both central and state governments can enact laws listed under it. But if there is a conflict between the laws, the central law will override the state law.
  • The UGC’s power is mainly advisory, and its regulations are meant to guide, not mandate.
  • However, the UGC’s insistence on including a nominee in the search committee reflects a shift towards more administrative control over universities, which the Tamil Nadu government sees as an erosion of autonomy.
What Needs to Happen Next?

To resolve this issue, the matter needs to be clarified by the Supreme Court. The Court must decide:

  • That UGC regulations are advisory for State universities unless adopted by the State.
  • That Article 254(1) of the Constitution applies only to conflicts between plenary laws, not subordinate legislation.
  • That UGC regulations do not automatically become part of the UGC Act just by being laid before Parliament.
Fact Box:

University Grants Commission (UGC)

  • The University Grants Commission (UGC) is a Statuary Body under Ministry of Education, Department of Higher Education.
  • UGC came into existence on 28th December, 1953 by an Act of Parliament in 1956.
  • The functions of the UGC are:
    • Planning and coordination of university education
    • Allocation of funds to higher educational institutions (HEIs)
    • Maintenance of academic standards
    • Regulation of the administration of HEIs
    • Regulation of admission of students to HEIs

Mains Issues

Context

The International Labour Organization (ILO) has released the fourth edition of the Global Estimates on International Migrant Workers, highlighting the significant role that international migrants (IMs) play in global economic growth, through both addressing labor shortages in host nations and contributing remittances to their home countries.

International Migrants in the Global Workforce

  • 7% of Global Labour Force: In 2022, international migrants made up 167.7 million of the global labor force, accounting for 4.7% of the total workforce. This number has increased by over 30 million since 2013. However, the growth rate slowed down post-2019, largely due to the COVID-19 pandemic, with an annual growth rate of less than 1%.
  • Employment Status: Of these, 6 million were employed, and 12.1 million were unemployed but available for work.

Gender and Age Distribution

  • Gender Gap: Among male international migrants, 3% were employed, while for female migrants, only 38.7% were employed. Although fewer women were employed, the number of female migrants has steadily increased since the ILO began tracking such data in 2015.
  • Age Demographics:
    • Prime-age workers (aged 25-54 years) made up 9% of the migrant workforce.
    • Young workers (aged 15-24 years) accounted for 3% of international migrant workers.
    • Older workers (aged 55+ years) made up 9% of the international migrant workforce in 2022.

Sectors of Employment for Migrants

  • Services Sector Dominates: The largest share of international migrants (68.4%) worked in the services sector, with a dominant share of 7% women compared to 60.8% men in this sector.
    • This trend has remained stable for the last decade, with migrant workers consistently making up over 67% of the services sector.
  • Industry and Agriculture:
    • Industry absorbed 3% of migrant workers, a proportion similar to that of non-migrants.
    • Agriculture employed 4% of international migrants, significantly lower than the 24.3% share of non-migrants in this sector.
Main Host Countries for Migrants
  • High-Income Countries: These countries absorbed 4% of all international migrants, with a heavy concentration in the services sector, especially in care-related jobs.
  • Upper-Middle-Income Countries: These countries hosted 4% of international migrants, with the majority also working in services.
  • Regional Distribution:
    • Europe (Northern, Southern, and Western) accounted for 3% of global migrant workers, a slight increase since 2013.
    • Northern America saw a slight decrease to 6% in 2022.
    • Arab States experienced a decline to 3%, with a drop of about 3 percentage points since 2013.

Prelims Articles

Context

In one of the largest ethnographic studies conducted by the Anthropological Survey of India (AnSI) in collaboration with Tribal Research Institutes (TRIs), 268 denotified, semi-nomadic, and nomadic tribes have been comprehensively categorized for the first time.

Key Findings:

This study, initiated in 2020 and completed by August 2022, was commissioned by a panel formed by NITI Aayog. The research aimed to address the long-standing issue of these tribes not being classified under the Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) categories, and propose appropriate classifications.

  • Recommendations for Inclusion: The study has recommended the inclusion of 179 communities in SC, ST, or OBC lists across 26 states and union territories.
    • Out of these, 85 are fresh additions:
      1. 46 for OBC status,
      2. 29 for SC status,
      3. 10 for ST status.
    • Uttar Pradesh had the highest number of additions (19 communities), followed by Andhra Pradesh, Tamil Nadu, Madhya Pradesh, and Rajasthan (8 each).
  • Corrections and Partially Classified Communities: Nine communities' categorization was recommended for correction. Many communities, while studied, were found to have already been partially categorized in state lists or central lists for specific states.
  • "Not Traceable" Communities: The study found 63 communities (over 20%) as “not traceable”. These are communities that have either assimilated into larger groups, changed their names, or migrated to other states or territories.

Who Are the Scheduled Castes (SCs)?

  • Scheduled Castes (SCs) refer to communities in India that have historically faced severe oppression, discrimination, and social exclusion, primarily due to the Hindu caste system.
  • These communities were once known as "untouchables" and continue to experience marginalization, though affirmative actions have been introduced to improve their social and economic conditions.
  • According to the Constitution Order of 1950, only marginalized Hindu communities can be categorized as SCs.
    • They were traditionally outside the four main varnas (Brahmins, Kshatriyas, Vaishyas, and Shudras) in the Hindu social hierarchy and were often referred to as "avarnas" (those who don't fit into the varna system).

Who Are the Scheduled Tribes (STs)?

  • Scheduled Tribes (STs) are indigenous communities that have historically faced oppression, marginalization, and struggle. Like SCs, STs are also categorized as "avarnas" but their identity is rooted in their distinct cultural practices, geographical isolation, and social structure.
  • STs, also known as Adivasis, are the original inhabitants of India, often living in remote and isolated areas. They have distinct languages, customs, and cultures, and are often considered to be at a lower level in the social hierarchy due to their isolated way of life.
Differences Between Scheduled Castes (SCs) and Scheduled Tribes (STs):

Feature

Scheduled Castes (SCs)

Scheduled Tribes (STs)

Origin

Caste system, marginalized groups

Indigenous communities with distinct cultural identities

Historical Experience

Social exclusion based on caste (untouchability)

Geographical isolation and cultural distinctiveness

Geographical Distribution

Found across India, with concentrations in the north and south

Mainly found in hilly and forested regions, especially in central and eastern India

Identification Method

Listed castes in the Scheduled Castes Order in the Constitution

Listed tribes in the Scheduled Tribes Order in the Constitution (geographical, cultural, and social factors considered)

Government Support

Reservations in education, jobs, and political representation

Similar to SCs, but with specific programs that cater to their unique needs

What Are Other Backward Classes (OBC)?
  • Other Backward Classes (OBC) is a term introduced by the Mandal Commission in 1980.
  • These are castes that fall between the higher varnas (Brahmins, Kshatriyas, Vaishyas) and the marginalized groups (SCs and STs).
  • OBCs benefit from affirmative action programs like reservations in education, government jobs, and political representation, but not to the same extent as SCs and STs.

Prelims Articles

Context

The Union Agriculture Ministry has started its first-ever survey to understand the consumption patterns of edible oils in India. The purpose of the survey is to collect data on how people use edible oils, which will help the government make better policy decisions, especially as part of the new National Mission on Edible Oils-Oilseeds (NMEO-Oilseeds).

Why is this survey important?

  • India is the world’s largest consumer and importer of edible oils. However, there is a lack of recent data on how much oil people are consuming and which types of oils they prefer.
  • The survey will focus on this gap in information.
  • The survey results will help determine which oilseeds should be prioritized under the NMEO-Oilseeds program. This program aims to increase domestic production of oilseeds, reducing the dependency on imports.
    • India currently imports 55-60% of its edible oil, primarily from countries like Indonesia, Malaysia, Argentina, Brazil, Russia, and Ukraine.
    • The NMEO-Oilseeds mission plans to increase domestic oilseed production from 39 million tonnes in 2022-23 to 69.7 million tonnes by 2030-31, with an investment of ?10,103 crore over seven years.
  • Current edible oil consumption trends:
    • India’s per capita annual consumption of edible oil has now crossed 20 kg, which is significantly higher than the recommended limits of 12 kg (by the Indian Council of Medical Research) and 13 kg (by the World Health Organization).
    • This rise in consumption is due to factors like rising incomes, urbanization, and changing diets.

Prelims Articles

Context

The Telecom Regulatory Authority of India (TRAI) has announced new measures to tackle spam messages and calls, with a focus on improving the existing systems and using new technologies like blockchain to ensure better traceability of commercial messages.

What is TRAI’s Role in Fighting Spam?

  • TRAI regulates the telecom industry in India, and its main job in this area is to control Unsolicited Commercial Communications (UCC), commonly known as spam.
  • Since 2007, TRAI has implemented a Do-Not-Disturb (DND) registry, allowing telecom customers to sign up so they don’t receive unwanted commercial calls or messages. If someone registers on the DND list, telemarketers are legally required to respect that preference.
  • What Has TRAI Done So Far?
    • TRAI developed a DND app for customers to set their preferences and file complaints against spam messages. This app allows users to easily block telemarketers.
    • In 2018, TRAI implemented the Telecom Commercial Communication Customer Preference Regulation (TCCCPR), which introduced stricter rules. Under these regulations, telemarketers who violate DND rules receive warnings, and after multiple violations, they can be blacklisted from sending messages.
    • Although the DND app faced technical issues and was unavailable for a while in 2022, TRAI worked on improving it and mandated that DND reporting should be available through telecom providers’ apps in 2024.

How Does Blockchain Help in Fighting Spam?

In the fight against spam, TRAI has made blockchain technology a key tool. Telecom companies are required to use blockchain to maintain an updated list of approved senders for SMS messages. This list ensures that only verified businesses can send messages to customers.

  • Blockchain provides immutability, meaning data cannot be tampered with. This technology ensures that every participant in the system has the same, unchangeable data, making it easier to trace spam messages.
  • TRAI’s 2024 update tightened the rules around message traceability. This ensures that telecom companies have a complete record of who sent a message, preventing fraudulent messages or spam from slipping through the system.
  • Other Steps to Combat Spam: The government has launched several other initiatives to fight spam:
  • The Department of Telecommunications (DoT) has set up the Sanchar Saathi portal with a feature called Chakshu, where people can report suspected fraudulent calls and messages.
  • The Telecom Security Operation Centre (TSOC) monitors suspicious internet traffic in real-time to identify scams.

Fact Box:

About TRAI

  • The Telecom Regulatory Authority of India (TRAI) is a regulatory body set up by the Government of India under section 3 of the Telecom Regulatory Authority of India Act, 1997.
  • It is the regulator of the telecommunications sector in India.

Prelims Articles

Context

The Flamingo Festival 2025 concluded at the Nelapattu Bird Sanctuary.

About the Festival

  • Since its beginning in 2001, the festival has become one of India’s key eco-tourism events, offering a blend of nature, culture, and conservation.
  • It is set against the beautiful backdrop of Pulicat Lake and the Nelapattu Bird Sanctuary, located in Andhra Pradesh.

About Flamingos

  • Family: Phoenicopteridae
  • Behavior: Flamingos are nomadic birds, meaning they don't have permanent homes and often move across various locations.
  • Social Birds: They are highly social, often found in large flocks, ranging from a few pairs to tens of thousands.
  • Pink Color: Flamingos get their pink color from carotenoids found in their food. When they consume food with carotenoids, the pigment is broken down and transferred to their bodies, turning them pink.
  • Habitat: Flamingos are found in tropical and subtropical regions.
  • Flamingo Species in India: India is home to two species of flamingos:
  • Greater Flamingo (Larger size, pale pink plumage)
  • Lesser Flamingo (Smaller size, bright pink plumage)

Nelapattu Bird Sanctuary

  • Location: Named after the village Nelapattu in Nellore district, Andhra Pradesh.
  • Habitat: A wetland that serves as a breeding ground for migratory water birds.
  • Symbiotic Relationship: Farmers in the area have a mutually beneficial relationship with the birds. The guano (bird droppings) from the birds acts as a natural fertilizer for crops, and in return, the villagers protect the birds, seeing them as "celestial birds."
  • Significance:
    • Largest breeding ground for Grey Pelicans in South East Asia.
    • Around 1,500 pelicans breed annually in the sanctuary.
    • Local communities from nearby areas like Muchalagunta and Mylangam protect the birds.
    • The arrival of migratory birds is seen as an indicator of good rains and healthy crops.
  • Unique Features of Nelapattu Bird Sanctuary
  • Forest Type: The sanctuary has Southern Dry Evergreen Scrub, Barringtonia swamp forests, Grassland, and wetlands.
  • Flora and Fauna: The sanctuary supports a wide variety of migratory bird species, contributing to India’s rich biodiversity.

Prelims Articles

Context

President Donald Trump signed an executive order to withdraw the United States from the Paris climate agreement once again, marking the second time he has made this move. This came on the same day he was sworn in for a second term.

What is the Paris Climate Agreement?

  • The Paris climate agreement, established in 2015, is an international treaty aimed at fighting climate change by limiting global warming.
  • The primary goal is to keep global temperatures from rising more than 1.5 degrees Celsius (2.7°F) above pre-industrial levels, with an upper threshold of 2°C (3.6°F).
  • The agreement is voluntary, meaning countries set their own targets for cutting greenhouse gas emissions, which are primarily caused by the burning of fossil fuels such as coal, oil, and natural gas.
  • The Paris agreement aims for countries to make progressively more stringent commitments over time, with the next major deadline being February 2025, when nations are required to submit new plans to cut emissions. The Biden administration had proposed a 60% reduction in U.S. greenhouse gas emissions by 2035 before Trump's action to withdraw.
  • Trump's decision mirrors his 2017 announcement when he first stated the U.S. would exit the landmark climate deal.

Editorials

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Context

A former civic police volunteer, Sanjay Roy, has been convicted for the rape and murder of a second-year postgraduate trainee doctor in Kolkata, which occurred at R.G. Kar Medical College and Hospital. The conviction has sparked discussions on systemic safety issues in medical institutions and the functioning of the police and hospital administration.

Conviction and Legal Proceedings:

  • Verdict and Charges: The District and Sessions Court, Sealdah, convicted Sanjay Roy for the rape and murder of the victim, based on evidence provided by the CBI. He was found guilty under Sections 64 (rape), 66 (causing death), and 103(1) (murder) of the Bharatiya Nyaya Sanhita.
  • Sentence and Judicial Observations: The judge noted that the crime carries a potential death sentence but did not immediately announce the final sentence. The case highlighted lapses in the functioning of the hospital’s administration, including confusion created by senior officials' actions.
  • Public Reactions: The parents of the victim respected the verdict but expressed concerns that further investigation was needed to ensure all culprits were brought to justice. Protests from doctors, civil society, and political opposition echoed this demand for a comprehensive inquiry.

Hospital Administration and Corruption Allegations:

  • Hospital's Role in the Incident: The principal of R.G. Kar Medical College was arrested by the CBI for evidence tampering and delay in filing the FIR. His arrest raised questions about the hospital’s management and accountability in ensuring the safety of its staff and students.
  • Corruption and Inefficiencies: The case highlighted significant inefficiencies in the functioning of the hospital, with reports of corruption, lack of basic amenities, and inadequate safety measures for healthcare workers. These issues have contributed to the unsafe working conditions in the institution.
  • Calls for Accountability: Protests by doctors and civil society have demanded that the administration take responsibility and ensure swift action against those involved in the crime, as well as address the underlying systemic issues within the hospital.

Policing and Delays in Legal Process:

  • Delay in Filing FIR: There were significant delays in filing the FIR, pointing to inefficiencies in the local police force. The delay raised concerns about the handling of sensitive cases involving healthcare professionals and the general public.
  • Investigation Challenges: Despite the arrest of the accused, the parents and protestors demanded a broader investigation, questioning whether one individual could have been solely responsible. There are ongoing cases in the High Court and Supreme Court to address these concerns.
  • Government Action: In response to the protests, the state government announced measures to protect healthcare workers and improve their working conditions. The challenge lies in ensuring that these promises are followed through effectively.
Practice Question: 

Q. Examine the systemic failures in the healthcare sector highlighted by the rape and murder case of a medical trainee at R.G. Kar Medical College and Hospital. How do inefficiencies in hospital administration and policing impact the safety of healthcare workers in India?

Editorials

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Context

The recent Supreme Court judgment in the Jet Airways insolvency case has highlighted the inefficiencies and structural problems in India’s insolvency resolution process under the Insolvency and Bankruptcy Code (IBC). The judgment has brought attention to the shortcomings of the National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT), which are pivotal in the implementation of the IBC.

Institutional Capacity and Efficiency Issues:

  • Institutional Overload: The NCLT and NCLAT are burdened with both corporate insolvencies and cases under the Companies Act. With a sanctioned strength of only 63 members, many of whom are stretched across multiple benches, these tribunals are struggling to meet the demands of the insolvency process, leading to delays.
  • Operational Shortcomings: Many NCLT benches fail to operate a full working day, even when not dealing with cases from other benches. This operational inefficiency exacerbates delays, with the average time for insolvency resolution increasing to 716 days in FY2023-24, up from 654 days the previous year.
  • Supreme Court's Concern: The Supreme Court has repeatedly emphasized the need to adhere to the timelines set by the IBC. The Jet Airways case specifically underscored that NCLTs/NCLATs should not have the discretion to extend deadlines, as it risks undermining the effectiveness of the Code.

Lack of Domain Expertise and Bureaucratic Challenges:

  • Need for Specialised Knowledge: The NCLT’s current structure lacks sufficient domain expertise, which hinders its ability to resolve complex insolvency cases. Members often lack the necessary background to deal with high-stakes matters, resulting in poor decision-making.
  • Bureaucratic Inefficiencies: The absence of an effective system for urgent listings and wide powers given to Registry staff to decide case listings has added another layer of delays. Moreover, there is a growing tendency among NCLT/NCLAT members to ignore Supreme Court orders, undermining judicial integrity.
  • Impact on Institutional Integrity: The procedural inefficiencies and lack of expertise not only delay resolutions but also threaten the integrity of India’s insolvency process, which is crucial for ensuring fair economic governance and justice.

Procedural Framework and Need for Reforms:

  • Mandatory Hearings and Delays: The requirement for a mandatory hearing for all applications, including progress reports, is not necessary for natural justice and causes unnecessary delays in the process, further congesting the system.
  • Underutilisation of Alternative Dispute Resolution (ADR): India’s insolvency framework underutilizes ADR mechanisms like mediation, which could offer faster and more efficient solutions. A more robust use of ADR could help ease the burden on the already overworked tribunals.
  • Reform Proposals: Reforms such as mandatory mediation before filing insolvency applications and the creation of specialised benches for different types of cases are promising solutions. Additionally, infrastructure improvements, including more courtrooms and qualified support staff, are essential for sustaining the insolvency process effectively.
Practice Question:

Q. Examine the structural issues and inefficiencies within India’s insolvency resolution process under the Insolvency and Bankruptcy Code (IBC), and suggest reforms to enhance its effectiveness in addressing corporate insolvencies.

Editorials

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Context

India’s agriculture is at a critical point, facing challenges related to food security, rural livelihoods, and sustainability. While some progress has been made in productivity, the country continues to lag behind in the adoption of modern agricultural technologies. As part of its vision for a developed agricultural economy by 2047, India needs to focus on seven key imperatives to transform its agri sector.

Technology Adoption in Agriculture:

  • Use of AI in Agriculture: AI is being explored in India for weather forecasting, pest control, and crop yield optimization. However, its penetration remains limited, primarily to tech-savvy farmers. For broader adoption, India must develop vernacular AI platforms, create affordable solutions with AgTech companies, and leverage government programs for disseminating AI-based advisory services.
  • Regenerative Farming Practices: While regenerative farming methods like organic farming and zero-budget natural farming have seen limited adoption, monoculture and chemical dependency dominate most agricultural practices in India. A national policy on regenerative farming, coupled with private sector-led R&D, is essential for sustainable agro-ecology practices.
  • Robotics and Automation: Robotic adoption in India remains restricted due to high costs and the prevalence of a large labor force. To scale automation, India needs to develop affordable robotic solutions tailored for small farms and promote public-private partnerships for testing and deploying innovative automation technologies.

Emerging Market and Technological Innovations:

  • Alternative Protein Market: India’s alternative protein market is in its nascent stage, hindered by affordability and scalability challenges. Collaboration with global leaders for improved production, formulation techniques, and public awareness can help India tap into this growing sector, with significant potential for sustainable protein sources.
  • Digital Twins in Agriculture: Digital twin technology, used to model virtual field trials, is scarcely applied in India. To enhance agricultural productivity, India should partner with AgTech firms, train researchers in digital modeling, and offer tax incentives for digital twin solutions, which can reduce costs and expedite the launch of new agri-technologies.
  • Blockchain in Agricultural Supply Chains: Blockchain adoption in India remains experimental, primarily focused on food traceability. China’s integration of blockchain has improved transparency and market access. India should focus on scaling blockchain in export crops to enhance price realization for farmers and boost global competitiveness.

Sustainable Farming and Climate Resilience:

  • Climate-Smart Farming Techniques: India must scale up climate-smart initiatives, including micro-irrigation technologies, climate-resilient seed varieties, and bio-based crop protection products. Programs like PM-KUSUM are a start, but there is a need for large-scale climate-smart farming to ensure long-term agricultural sustainability.
  • Localized Climate Advisory Systems: AI can be leveraged to develop region-specific climate advisory systems to support farmers in making informed decisions about irrigation and crop management. Such systems can complement the efforts toward micro-irrigation and climate-resilient farming practices.
  • Policy Reforms and Investments: The transformation of Indian agriculture requires strategic investments, policy reforms, and grassroots engagement. Customizing and adapting successful global solutions to the Indian context will ensure smallholder farmers benefit from these technological advancements, contributing to the vision of a developed agricultural economy by 2047.
Practice Question:

Q. India’s agricultural sector is at a crossroads, requiring the adoption of advanced technologies and sustainable practices. Critically examine the seven imperatives for transforming Indian agriculture and suggest a roadmap for achieving a technologically advanced and sustainable farming system by 2047.

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