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8th November 2022

Supreme Court upholds EWS quota in 3-2 split verdict

Context

The Supreme Court Constitution Bench has by a 3:2 majority upheld the validity of the 103rd Constitutional Amendment which introduced a 10% reservation for Economically Weaker Sections (EWS) in education and public employment.

What were the major issues in front of the apex court?

There were three main issues in the case:

  1. Whether the 103rd Constitution Amendment is violative of the basic structure for providing reservation solely based on economic criteria.
  2. Whether the amendment is violative of the basic structure for excluding the poor among the SC/ST/OBC categories from EWS Quota.
  3. Whether the amendment is violative of the basic structure for breaching the 50% ceiling limit.
EWS quota 
  • The 10% EWS quota was introduced under the 103rd Constitution (Amendment) Act, 2019 by amending Articles 15 and 16.
    • It inserted Article 15 (6) and Article 16 (6).
  • It is for economic reservation in jobs and admissions in educational institutes for Economically Weaker Sections (EWS).
  • It was enacted to promote the welfare of the poor not covered by the 50% reservation policy for Scheduled Castes (SCs), Scheduled Tribes (STs), and socially and Educationally Backward Classes (SEBC).
  • It enables both the Centre and the States to provide reservations to the EWS of society.
Summarising the Verdict:

While Justices Dinesh Maheshwari, Bela Trivedi, and JB Pardiwala upheld the 103rd Constitution Amendment, Justice S Ravindra Bhat wrote a dissenting judgment to strike it down. Chief Justice of India Uday Umesh Lalit concurred with the minority view of Justice Bhat.

Majority view

Dissenting View

  • According to the majority view, the amendment is not violative of the basic structure on any of the above issues.



  • Against the fundamental concept of the Constitution: Economic criteria can be used to provide reservation in education under Article 15 but not for the purpose of reservation in jobs under Article 16.
  • Element of exclusion: However, by excluding the poor among SC/ST/OBC from economically backward classes (on the ground that they have enjoyed benefits), the 103rd Amendment practices constitutionally prohibited forms of discrimination.
  • Reservation cannot be used as a poverty alleviation measure.

 

What are the existing Income based Mismatches in the Law?
  • The existing income criterion of Rs8 lakh a year has already been questioned by the Court in a separate case, as it is liable to result in excessive coverage of socially advanced classes.
  • Those exempted from filing I-T returns are only those with taxable income below Rs2.5 lakh, it makes no sense to extend the reservation benefits to sections earning up to Rs8 lakh.
  • Also, the majority view that the 50% ceiling is applicable only to caste-based quotas and not for EWS reservations is constitutionally unsustainable.

Impacts

Consequences

  • Recognition of the Economic Backwards
  • Societal movement from Caste-Based to Class based society.
  • Addresses Inequality and equity (giving according to the needs )
  • Vagueness in the criteria and several State based provisions related to jobs and admission in educational institutions can create confusion.
  • Unavailability of Data regarding Income, property, etc. for the real beneficiaries.
  • Can be misused by a group of people using illegal documents and means
  • Needs adequate structure in the decentralized form to acquire details of the group for inclusion.
Required Measures
  • Including the other sections under income-based reservations: The objective of economic emancipation could have been better achieved if the income-based reservation had been thrown open to all sections of society.
  • Addressing the Competitive nature in Jobs and Exams: There exists a fear that some sections may corner a large share of the reservation and had earlier been partially addressed by the ‘creamy layer’ norm for backward classes, but it also meant that the well-off among them will have to compete in open competition.
  • Identification for the real beneficiary: The Government should consider both opening up the EWS quota to all communities and keeping the income criterion much lower than the ceiling.

Russia re-joins Black Sea Grain Initiative

Context

Recently, Russia re-joined the Black sea Grain deal which has drawn attention to the significance and impacts of the deal on Global food supply chains where India is also looking forward to the deal’s inception.

About
About the Black Sea Grain initiative:
  • The deal was mediated by the United Nations (UN) and Turkey.  
  • The deal was to provide a safe maritime humanitarian corridor for Ukrainian exports (particularly for food grains) from three of its key ports, namely, 
    • Chornomorsk,
    • Odesa and
    • Yuzhny/Pivdennyiin the Black Sea

  • It aims to tackle rising food prices due to geopolitical conflict.
Joint Coordination Centre (JCC): 
  • The deal put in place a Joint Coordination Centre (JCC), comprising senior representatives from Russia, Turkey, Ukraine, and the UN for oversight and coordination.   
  • All commercial ships are required to register directly with the JCC to ensure appropriate monitoring, inspection, and safe passage. 
Significance of the deal:
  • As, Ukraine is among the largest exporters of wheat, maize, rapeseed, sunflower seeds, and sunflower oil, globally.
  • As well as its access to the deep-sea ports in the Black Sea enables it to directly approach Russia and Europe along with grain importers from the Middle East and North Africa.
  • Amid the Russia-Ukraine crisis, exports were hit hard for a year and affecting the global supply chains.
  • This deal is seen as a facilitator for food supplies and can reduce inflation and lead to a decrease in food prices.
Do you know?

According to the European Commission, Ukraine accounts for 10% of the world wheat market, 15% of the corn market, and 13% of the barley market. With more than 50% of world trade, it is also the main player in the sunflower oil market.

Why is it important for other Countries?
  • Global facilitator of grains: As per the UN Office for Coordination of Humanitarian Affairs, approximately 1 million tonnes of grains have been shipped since the initiative commenced.
  • To address the increasing food prices: The UN Food and Agricultural Organisation’s (FAO) Food Price Index, which assesses the monthly change in international prices of a basket of food commodities, fell for the sixth consecutive month in a row during the September assessment period.
  • Strategic location for trade: About 44% of the shipments, which include corn, wheat, rapeseed, and sunflower oil among others, reached high-income countries (including Spain, Netherlands, and Italy among others), 28% reached low and lower-middle-income countries (Egypt, Iran, Sudan, and Kenya among others) and 27% reached upper-middle-income countries (China and Bulgaria among others).
What would have happened if the deal has not been commenced?
  • An increase in the prices of Food grains can further escalate inflation and the Global food crisis.
  • Lower-middle-income countries like Egypt, Iran, Sudan, and Kenya would have suffered more.

 

Conflict between Tribes and the Legal provisions of Marriage in India

Context

As a concern addressed by an activist regarding early marriages in most of the Tribal communities including the Tribes in Nilgiri Forests has become a trouble for them as the provisions of marriage or a sexual relationship before the age of 18 years is illegal under the POSCO, Prevention of Child Marriage Act.

About

The scenario of Marriage Age among Tribes:

  • Education and income level have an important bearing on age at marriage irrespective of gender, community, and region.
  • In a program being carried out by the ICRW in Jharkhand, in the two Tribal dominated districts of Godda and Jamtara, it has been found that 11 percent of girls between the ages of 15 to 18 years have been married off, and the marriages of another 12 percent girls in this age group had already been fixed.
  • The NFHS data shows that urban women marry later than rural women. The median age at first marriage for urban women aged 25-49 years is 1.7 years more than for rural women (19.8 versus 18.1 years) in 2015-16.

Why it is a cause of concern?

  • This is one of the major factors contributing to increasing in cases of maternal mortality in the Tribal dominated States or regions.
  • Even early pregnancies could lead to child stunting and make the community more vulnerable to
  • As, due to a lack of education and awareness regarding legal provisions of Marriage or age criteria, is not known to tribes. This leads to legal action against minors who are even not aware of the laws.

What does the Law say regarding the Age of Marriage?

Supreme Court stand:

  • The court said that the arguments both under the IPC and the POCSO Act do not recognize a sexual relationship with a girl below 18 years of age, even if it were to consent to one, which is to be reviewed.
  • The Bombay High Court asked the Maharashtra government to undertake innovative measures to sensitize citizens from tribal areas on the minimum age of marriage for girls.

How does early marriage impact ‘Women’?

  • Mortality: These vulnerabilities also result in higher risks of mortality among the children of younger mothers. Many of this pregnancy- and childbirth-related morbidities carry a risk of death.
  • Nutritional Status: In India, at first glance, studies find an inconsistent association between maternal marriage age with childhood stunting and being underweight.
  • Impact on overall childhood: Under-age marriage constrains overall well-being by denying girls their childhood.
  • Lower empowerment: Together, lack of education and under-age marriage contribute to lower empowerment for women at the individual level throughout their life-
  • Exploitation: Age at marriage is likely to shape women’s empowerment and agency within households and their status in the broader community.

How it can be tackled?

  • Focus on proper education: Lack of educational opportunities is often what drives parents into marrying their daughters at a young age. Keeping girls in school, especially secondary school, is a key strategy in reducing child marriage.
  • Family education and awareness: Educating families, friends, and the community about why early marriage is harmful is essential.
  • More focus on women’s empowerment rather than marriage.
  • Community awareness programs in Tribal dominated regions/states.
  • Involvement of local Anganwadi workers and civil societies.

India’s G20 presidency and Food Security

Context

India's journey from a food-deficit nation to a food-surplus nation can play a crucial role in times of global conflicts and climate crisis while holding the G20 presidency.

About

About Food Security

  • Food security means that all people, at all times, have physical, social, and economic access to sufficient, safe, and nutritious food that meets their food preferences and dietary needs for an active and healthy life.
  • A similar idea is also present in the Sustainable development goals.
  • SDG1: End poverty in all its forms everywhere
  • SDG2: End hunger, achieve food security and improved nutrition and promote sustainable agriculture
  • SDG3: Ensure healthy lives and promote well-being for all at all ages.

About G20, or Group of Twenty:

  • The G20 is an informal group of 19 countries and the European Union, with representatives of the International Monetary Fund and the World Bank.
  • G20 is the premier forum for international economic cooperation representing around 85% of the global GDP, over 75% of the global trade, and about two-thirds of the world population.
  • It includes 19 countries, including, Italy, Japan, the Republic of Korea, Argentina, Australia, Brazil, Germany, India, Indonesia, Canada, South Africa, Turkey, the UK, the USA, China, France, Mexico, Russia, Saudi Arabia, and the European Union (EU).

India In G20 Ecosystem:

  • India is currently a part of the G20 Troika (current, previous, and incoming G20 Presidencies) which includes Italy, India, and Indonesia.
  • During India’s presidency tenure, Brazil and Indonesia would make up the troika.
  • For the first time, the troika would be having three developing nations and emerging economies, providing a strong narrative of the concerns of these economies.

Previous efforts-Matera Declaration:

  • The Matera Declaration reflects the Indian concern for the welfare of small and medium farmers, promoting local food cultures and recognizing Agri-diversity.
  • Here the G20 ministers recognized that poverty alleviation, food security, and sustainable food systems, are key to ending hunger.
  • Livelihood, health, digital access, and climate action should now constitute the new developmental priorities.

G20 Presidency as an opportunity for India:

  • The global situation regarding Food Security has worsened with growing conflicts, and spiraling climate crises like droughts, floods, cyclones, and economic downturns.
  • This has kept global and regional food security as one of the priority agendas of the G20 for many years now.
  • Against this backdrop, India’s presidency of the G20 offers a historical opportunity for India to share its successful journey in moving from a food-deficit nation to a food-surplus nation.
  • It can play a key role to address the growing challenges of food security for creating resilient and equitable food systems.

The objective of the Indian Presidency:

  • Primarily India is will be focused on global economic vulnerabilities:
    • Dealing with Energy Security: Under investment in energy infrastructure
    • Dealing with Food Securities: Geopolitical developments
  • Other key priorities are climate, digital, and health.
    • The Presidency provides an opportunity to showcase India’s leadership inter-alia in climate action and climate commitments.
  • Five action points: The G20 Presidency also provides an opportunity to fast-track the processes and commitments that were started through the pioneering UN Food Systems Summit, held by the G20 leadership, for global food systems transformation to achieve the Sustainable Development Goals by 2030
  • Ensure access to safe and nutritious food for all;
    • Shift to sustainable consumption patterns;
    • Boost nature-positive production;
    • Advance equitable livelihoods, and
    • Build resilience to vulnerabilities, shocks, and stress

Summarising India’s Journey towards Sustainable Food Security

  • Land Reforms
  • Intervention in agri-markets and prices
  • Agri-research and extension (Green Revolution)
  • Focus on Horticulture
  • Integrated Child Development Services
  • Targeted public distribution system
  • Mid-day meal scheme
  • National Food Security Act, 2013

Current Framework for Food Security in India:

  • Constitutional Provision: There is no explicit provision regarding the right to food in the constitution of India, but the fundamental right to life enshrined in Article 21 of the Constitution can be interpreted to include the right to live with human dignity, which may include the right to food and other basic necessities.
  • Buffer Stock: Food Corporation of India (FCI) has the prime responsibility of procuring food grains at minimum support price (MSP) and stored in its warehouses at different locations and from there it is supplied to the state governments in terms of requirement.
  • Public Distribution System: Over the years, the Public Distribution System has become an important part of the Government’s policy for the management of the food economy in the country.
    • PDS is supplemental in nature and is not intended to make available the entire requirement of any of the commodities.
  • National Food Security Act, 2013 (NFSA): It marks a paradigm shift in the approach to food security from welfare to a rights-based approach.
    • Pradhan Mantri Garib Kalyan Anna Yojana (PM-GKAY): PMGKAY is a part of the Pradhan Mantri Garib Kalyan Package (PMGKP) to help the poor fight the battle against Covid-19.
    • The government was able to provide a swift and resilient response to the COVID-19 pandemic and avoid supply chain disruption and economic shock using its robust public distribution system.

FCRA changes aim to stop unproductive NGO spending’

Context
  • The Ministry of Home Affairs in its 2021-22 annual report has highlighted the amendment brought to Foreign Contribution (Regulation) Act to discourage expenditure by non-government organizations (NGOs).

Foreign Contribution (Regulation) Act:

  • The “Foreign Contribution (Regulation) Act” (FCRA) regulates foreign donations and ensures that such contributions do not adversely affect internal security.
    • First enacted in 1976, it was amended in 2010 in which a slew of new measures was adopted to regulate foreign donations.
    • After the coming of FCRA, in 2010, the FCRA, in 1976 has been repealed.
    • The FCRA act is implemented by the Ministry of Home Affairs. It is a mandatory requirement to receive foreign funds.
    • Under the new rules notified by MHA in 2015, NGOs are required to give an undertaking that the acceptance of foreign funds is not likely to prejudicially affect the sovereignty and integrity of India or impact friendly relations with any foreign state and does not disrupt communal harmony.

Provisions of the Act:

  • The FCRA requires every person or NGO wishing to receive foreign donations to be registered under the Act.
  • To open a bank account for the receipt of foreign funds in the State Bank of India, Delhi is mandatory.
  • These funds can be utilized only for the purpose for which they have been received, and as stipulated in the Act.
  • The receivers of foreign funds are also required to file annual returns, and they must not transfer the funds to another NGO.

Applicability:

  • The FCRA is applicable to all associations, groups, and NGOs which intend to receive foreign donations.
  • It is mandatory for all such NGOs to register themselves under the FCRA.

Amendments in the Act:

  • Prohibition to accept foreign contributions: It bars public servants from receiving foreign contributions.
  • Transfer of foreign contribution: There is a complete ban on the domestic transfer of foreign funds and a reduction of the administrative expense limit from 50% to 20%.
    • It would ensure the exact identification of office-bearers and eliminate chances of Benami/bogus entry.
    • It would also discourage expenditure on unproductive items like inflated staff salaries, posh buildings, offices, luxurious vehicles,
  • Aadhaar for registration: Aadhaar number is mandatory for all office bearers, directors, or key functionaries of a person receiving the foreign contribution, as an identification document.
  • FCRA account: The foreign contribution must be received only in an account designated by the bank as an FCRA account in such branches of the State Bank of India, New Delhi.
    • No funds other than the foreign contribution should be received or deposited in this account.
  • Surrender of certificate: The Bill allows the central government to permit a person to surrender their registration certificate.
  • Restriction in the utilization of foreign contributions: It allowed the government to restrict the usage of unutilized foreign contributions.
    • This may be done if, based on an inquiry the government believes that such a person has contravened provisions of the FCRA.

The purpose for Amendment in 2020:

  • Dubious utilization of funds:
    • The annual inflow of foreign contributions has almost doubled between the years 2010 and 2019.
    • But many recipients of foreign contributions have not utilized the same for the purpose for which they were registered or granted prior permission under the FCRA 2010.
  • Threat to national security: NGOs were found not adhering the statutory compliance, hence adversely affecting the internal security of the country.
  • Bringing Transparency: The new Bill aims to enhance transparency and accountability in the receipt and utilization of foreign contributions.

Registration under FCRA:

  • FCRA registrations are granted to individuals or associations that have definite cultural, economic, educational, religious, and social programmes.
  • MHA makes inquiries through the Intelligence Bureau into the antecedents of the applicant and accordingly processes the application.
  • The MHA is required to approve or reject the application within 90 days, failing which it is expected to inform the NGO of the reasons for the same.
  • Once granted, FCRA registration is valid for five years.
  • NGOs are expected to apply for renewal within six months of the date of expiry of registration. In case of failure to apply for renewal, the registration is deemed to have expired.

When is a registration suspended or canceled?

  • The government reserves the right to cancel the FCRA registration of any NGO if it finds it to be in violation of the Act.
    • Registration can be canceled for a range of reasons including, if “in the opinion of the Central Government, it is necessary for the public interest to cancel the certificate”.
    • Once the registration of an NGO is canceled, it is not eligible for re-registration for three years.

NGOs accused of violating FCRA provisions:

  • Several international and well-known NGOs such as Compassion International, Greenpeace India, Sabrang Trust, Lawyers’ Collective, Amnesty International, and Ford Foundation have come under the government’s scanner for alleged violations of FCRA.

Conclusion:

  • NGOs are helpful in implementing government schemes at the grassroots. They fill the gaps, where the government fails to do its job. Although the intention of the government is well directed to control the NGOs which engage in dubious activities. But if it fails to recognize the diversity of NGOs, which include world-class organizations that are recognized globally, the provisions might crush their competitiveness and creativity.

Short News Articals

Short News

New UNESCO study shows that glaciers have been retreating at an accelerated rate since 2000 due to carbon dioxide emission, raising the chances of GLOF events. (Topic: Geography )

  • A Glacial Lake Outburst Flood (GLOF) is a sudden release of water from a lake fed by glacier melt that has formed at the side, in front, within, beneath, or on the surface of a glacier.
  • GLOFs have three main features:
    • They involve sudden (and sometimes cyclic) releases of water.
    • They tend to be rapid events, lasting hours to days.
    • They result in large downstream river discharges (which often increase by an order of magnitude).

NITI Aayog seeks clarity from Centre on Digi Yatra's data privacy (Topic: polity and Governance )

  • The 'DigiYatra' is a Biometric Enabled Seamless Travel experience (BEST) based on Facial Recognition Technology.
  • It aims to provide paperless and seamless travel experience to the passengers.
  • With this technology, passengers' entry would be automatically processed based on the facial recognition system at all checkpoints including entry into the airport, security check areas, and aircraft boarding, etc.

Anthropological Survey of India builds tribal hut replicas to promote unique heritage
(Topic: Art & culture )

  • Anthropological Survey of India is the only research organisation to pursue anthropological research in a governmental setup. 
  • The Anthropological Survey of India’s genesis was from the Zoological and Anthropological section of the Indian Museum which became the Zoological Survey of India in 1916. 
  • In 1945 the Anthropology section of the Zoological Survey was carved out to eventually become the Anthropological Survey of India (An.S.I) with Dr. B.S. Guha as the founding director in 1946. 
  • The head office was shifted from Varanasi to Calcutta in 1948. 

A patient taking part in an FDA-sanctioned clinical trial assessing a CRISPR-based therapy for a rare form of Duchenne muscular dystrophy (DMD) has died.
(Topic: Science and technology )

  • Duchenne muscular dystrophy is an inherited disorder.
  • It involves muscle weakness, which quickly gets worse.
  • DMD is one of four conditions known as dystrophinopathies.  The other three diseases that belong to this group are
    • Becker Muscular dystrophy (BMD, a mild form of DMD)
    • an intermediate clinical presentation between DMD and BMD
    • DMD-associated dilated cardiomyopathy (heart-disease) with little or no clinical skeletal, or voluntary, muscle disease.

Editorial

The frontliners of the first 1,000-day window of life

Context:

It is crucial to empower frontline health workers who are driving mother and child nutrition and development outcomes at the last mile.

Foundation of Human Health:

  • Addressing Malnutrition: Optimal maternal and infant nutrition is an effective set of interventions in reducing child deaths and disease.
  • First 1,000 days of life: The first two years of a child’s life, present a critical window of opportunity in ensuring optimal growth, lifelong health, and brain development.
  • Programmatic Efforts: POSHAN Abhiyaan aims at improving nutritional outcomes by focusing on capacity building, service delivery, community mobilization, and the use of technology.
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ThinkQ

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QUIZ - 8th November 2022

Mains Question:

As the world struggles to put an end to hunger, food instability, and malnutrition in all of its forms, it is sliding backwards. How can India, as the G-20 presidency, lead the world?

Approach:

Question Mapping

  • Subject: International Relations (GS-II)
    • Sub-topic: Important International Organization

The question is of analytical nature.

  • Introduce with G 20 and its formation with India joining it.
  • Mention the nature of threats world is facing currently
  • Climate change
    • Food insecurity
    • Threat to supply chains
    • Ukraine-Russia conflict
    • Rising poverty
    • Upcoming global recession
    • Growing income inequality
  • Mention India’s priorities for upcoming summit
    • Inclusive, equitable and sustainable growth
    • LiFE (Lifestyle For Environment)
    • Women’s Empowerment
    • Digital public infrastructure and tech-enabled development in areas ranging from health, agriculture and education to commerce
    • Skill-mapping, culture and tourism, climate financing, circular economy, global food security, energy security, green hydrogen, disaster risk reduction and resilience
    • Developmental cooperation, fight against economic crime, and multilateral reforms
    • Climate talks
  • Conclusion
GS Mains Classes GS Classes 2024 GS Classes 2024 UPSC Study Material

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